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Executive Summary
This document primarily consists of the Municipal Code for the Borough of Butler, New Jersey. It details various ordinances and regulations governing administrative, general, and Board of Health matters within the borough. These codes cover a wide range of topics, including but not limited to administrative procedures, alcohol sales and consumption, animal control, building construction, cable television franchises, cannabis, fees for services, fire prevention, flood damage prevention, property maintenance, special sales events, taxation, vehicle traffic, water utilities, and zoning. It is essentially a codification of the local laws and regulations applicable to Butler residents and businesses. There are no immediate actions required of any person as the issue and submission dates have passed.
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Document Text
--- Document: Municipal Code Document ---
OFFICIALS OF THE
BOROUGH OF BUTLER
Borough Hall
1 Ace Road
Butler, New Jersey 07405
Telephone: (973) 838-7200
Fax: (973) 838-3762
www.butlerborough.com
————
2015
————
ROBERT ALVIENE
Mayor
Borough Council
ROBERT FOX
SEAN MCNEAR
ROBERT MEIER
STEPHEN REGIS
EDWIN VATH
RAYMOND VERDONIK
BRANDI GRECO
JAMES LAMPMANN
Borough Clerk
Borough Administrator
TABLE OF CONTENTS
Tools for Finding Information − In addition to the municipality’s legislation, this publication
contains tools to help locate information: table of contents, index, chapter outlines (schemes), and
a disposition list.
Chapters − Chapters are generally discrete pieces of legislation but can also be made up of
several individual pieces on a related topic. In that case, the individual pieces are arranged into
articles or parts within the chapter. If you are familiar with a former number or title, look for
it chronologically in the disposition list.
Reserved Chapters − In the numbering of chapters, space has been provided for the convenient
insertion, alphabetically, of later enactments. Help in selecting an appropriate number for a new
chapter is available from the editor. See also the “Instructions for Amending the Code” in the
Preface.
Section Numbering − A chapter-related section-numbering system is employed. Each section of
every item of legislation is assigned a number, which indicates both the number of the chapter in
which the item of legislation is located and the location of the section within that chapter. Thus,
the fourth section of Chapter 6 is § 6-4.
Scheme − The scheme is the list of section titles that precedes the text of each chapter. These
titles are carefully written so that, taken together, they may be considered as a summary of the
content of the chapter. Taken separately, each describes the content of a particular section. For
ease and precision of reference, the scheme titles are repeated as section headings in the text.
Page Numbers − A unique page-numbering system has been used in which each chapter forms
an autonomous unit. The first page of each chapter is the number of that chapter followed by a
colon and the numeral “1.” Thus, Chapter 6 begins on page 6:1. By the use of this system, it is
possible to add or to change pages in any chapter, or add new chapters, without affecting the
sequence of subsequent pages.
v
BUTLER CODE
TABLE OF CONTENTS
PART I: ADMINISTRATIVE LEGISLATION
1.
General Provisions ................................................................... 1:1
4.
Administration of Government ................................................ 4:1
5.
Alternative Energy………………................................................ 5:1
6.
Americans With Disabilities Act Compliance Committee....... 6:1
7.
Reserved ……………………………………………………...7:1
9.
Boards, Agencies and Commissions ........................................ 9:1
10.
Cashier, Supervising............................................................... 10:1
12.
Claims..................................................................................... 12:1
16.
Court, Municipal..................................................................... 16:1
18. Economic Development Committee (REPEALED)…...….. 18.1
20.
Finance Department ............................................................... 20:1
21.
Fire Department...................................................................... 21:1
25.
Health, Board of ..................................................................... 25:1
30.
Library .................................................................................... 30:1
33.
Museum and Historical Committee........................................ 33:1
36.
Officers and Employees ......................................................... 36:1
40.
Police Department .................................................................. 40:1
42.
Public Works, Department of ................................................. 42:1
43.
Building Construction and Code Enforcement,
Department of......................................................................... 43:1
44.
Recreation Commissioners, Board of..................................... 44:1
47.
Salaries and Compensation .................................................... 47:1
49.
Senior Radio Dispatcher......................................................... 49:1
vi
BUTLER CODE
50.
Sewerage Authority ................................................................ 50:1
55.
Special Law Enforcement Officers ........................................ 55:1
56.
Butler Alliance Commission................................................... 56:1
58.
Water Utility........................................................................... 58:1
60.
Emergency Management........................................................ 60:1
PART II: GENERAL LEGISLATION
67.
Alcoholic Beverages............................................................... 67:1
68. Cannabis................................................................................. 68:1
69.
Amusements ........................................................................... 69:1
72.
Animals .................................................................................. 72:1
73.
Filming .................................................................................. 73:1
77.
Clothing Bins…….................................................................. 77:1
78.
Fertilizer …………................................................................. 78:1
79.
Bicycles, Motorized ............................................................... 79:1
82.
Bingo and Raffles ................................................................... 82:1
85.
Borough Officials, Interference With..................................... 85:1
86.
Borough Facilities/Group Use Permits................................... 86:1
89.
Buildings, Numbering of......................................................... 89:1
91.
Canvassers, Solicitors and Peddlers ....................................... 91:1
93.
Cats.......................................................................................... 93:1
101.
Construction Codes, Uniform................................................ 101:1
101A. Curfew, Juvenile................................................................101A:1
102.
Display of Sexually Explicit Materials................................. 102:1
105.
Dealers in Precious Metals, Gems and Secondhand Goods. 105:1
108.
Dogs ..................................................................................... 108:1
ii
BUTLER CODE
110.
Drugs .................................................................................... 110:1
112.
Electric Service..................................................................... 112:1
114.
Emergency Fuel Oil Delivery............................................... 114:1
117.
Explosives ............................................................................ 117:1
119.
Fees....................................................................................... 119:1
120.
Firearms................................................................................ 120:1
122.
Fire Prevention ..................................................................... 122:1
124.
Flood Damage Prevention .................................................... 124:1
129.
Garbage, Refuse and Recyclables ........................................ 129:1
130.
Containerized Yard Waste.................................................... 130:1
133.
Hazardous Materials............................................................. 133:1
136.
Housing Standards................................................................ 136:1
139.
Insurance .............................................................................. 139:1
143.
Land Use .............................................................................. 143:1
145. Lead-Based Paint Inspection Residential Rental Dwellings 145:1
150.
Licensing .............................................................................. 150:1
153.
Littering................................................................................ 153:1
158.
Newsracks ............................................................................ 158:1
160
Noise..................................................................................... 160:1
165.
Outdoor Markets .................................................................. 165:1
168.
Parks and Recreation Areas.................................................. 168:1
172.
Peace and Good Order.......................................................... 172:1
173. Police Escort Service …………………………………….. 173.1
174.
Pool and Billiards.................................................................. 174:1
180.
Property Maintenance .......................................................... 180:1
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BUTLER CODE
181.
Vacant and Abandoned Residential Properties …............... 181:1
182.
Rental or Lease of Residential Property ............................... 182:1
184.
Sales, Special........................................................................ 184:1
187.
School Exercises, Disturbance of......................................... 187:1
191.
Sewers .................................................................................. 191:1
192.
Illicit Connection to Stormwater System.............................. 192:1
193.
Improper Disposal of Waste in Municipal Storm Sewer
System .................................................................................. 193:1
194.
Skates and Skating ............................................................... 194:1
196.
Snow Removal ..................................................................... 196:1
199.
Private Storm Drain Inlet Retrofitting ………………….... 199:1
200.
Privately Owned Salt Storage ……………………………..200.1
202.
Streets and Sidewalks........................................................... 202:1
207.
Swimming Pools .................................................................. 207:1
210.
Taxation................................................................................ 210:1
213.
Taxicabs and Limousines......................................................... 213:1
216.
Towing and Storage of Vehicles .......................................... 216:1
220.
Tree Removal and Replacement.......................................... 220:1
222.
Vandalism of Public Property….......................................... 222:1
223.
Vegetation ............................................................................ 223:1
225.
Vehicles and Traffic ............................................................. 225:1
230.
Violations and Penalties ....................................................... 230:1
234.
Water .................................................................................... 234:1
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BUTLER CODE
PART III: BOARD OF HEALTH LEGISLATION
240. General Provisions, Board of Health.................................. 240:1
247.
Food Establishments, Retail ................................................. 247:1
254.
Nuisances, Public Health...................................................... 254:1
255.
Personal Health Program...................................................... 255:1
256.
Recreational Bathing, Public ................................................ 256:1
257.
Sanitation.............................................................................. 257:1
258. Sewage Disposal Systems, Individual ........................... ...... 260:1
263.
Tattoo Parlors........................................................................ 263:1
264.
Tobacco, Sale of ................................................................... 264:1
266.
Massage, Bodywork and Somatic Therapy Establishments 266:1
APPENDIX
A265. Cable Television Franchise ................................................A265:1
DISPOSITION LIST
INDEX
x
PART I
ADMINISTRATIVE
LEGISLATION
Chapter 1
GENERAL PROVISIONS
ARTICLE I
Definitions and Word Usage
§ 1-1. Definitions.
§ 1-2. Word usage.
ARTICLE II
Adoption of Code by Mayor and Council
§ 1-3. Adoption of Code.
§ 1-4. Code supersedes prior ordinances.
§ 1-5. When effective.
§ 1-6. Inclusion of ordinance in Code.
§ 1-7. Copy of Code on file.
§ 1-8. Amendments to Code.
§ 1-9. Publication; filing.
§ 1-10. Code book to be kept up-to-date.
§ 1-11. Sale of Code book.
§ 1-12. Altering or tampering with Code; penalties for violation.
§ 1-13. Severability of Code provisions.
§ 1-14. Severability of ordinance provisions.
§ 1-15. Repeal of ordinances.
§ 1-16. Ordinances saved from repeal.
§ 1-17. Changes in previously adopted ordinances.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
ARTICLE I
Definitions and Word Usage
[Adopted as Ch. I of the Revised General Ordinances of 1976]
§ 1-1. Definitions.
For the purpose of this Code, and in the interpretation and application of all other ordinances
heretofore or hereafter adopted, except as the context may otherwise require, the following terms
shall have the meanings indicated:
BOROUGH — The Borough of Butler in the County of Morris and State of New Jersey.
BOROUGH COUNCIL or COUNCIL — The Mayor and Councilmen of the Borough. CLERK or
BOROUGH CLERK — The Municipal Clerk duly appointed pursuant to law.
DEPARTMENT — An organizational unit of the Borough government established or designated by
ordinance or this Code as a department, together with any agency or instrumentality of the Borough
government assigned to the organizational unit by the Borough Council.
LICENSED — Licensed in accordance with the appropriate section or chapter of this Code.
MONTH — A calendar month unless otherwise specifically provided.
1:1
§ 1-1 GENERAL PROVISIONS
§ 1-2
ORDINANCE — Any of local legislation heretofore or hereafter adopted, and including this
Code, so long as it shall have been adopted by the procedure required for the adoption of an
ordinance and so long as it shall remain in force and effect pursuant to law.
PERSON — Any individual, natural persons, partnerships, joint ventures, societies, associations,
clubs, trustees, trusts, corporations 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.
STREET — Shall include a street, avenue, road, alley, lane, highway, boulevard, concourse,
driveway, culvert, sidewalk and crosswalk, and every class of road, square, place or municipal
parking field used by the general public.
YEAR — A calendar year unless otherwise specifically provided.
§ 1-2. Word usage.
For the purpose of this Code and any other ordinances heretofore or hereafter adopted, except as the
context may otherwise require:
A. The present tense includes the past and future tenses, and the future, the present; the masculine
gender includes the feminine and neuter; the singular number includes the plural, and the
plural, the singular; "shall" is mandatory and "may" is permissive.
B. The time within which an act is to be done shall be computed by excluding the first and
including the last day; and, if the last day is a Sunday, a legal holiday, or a day on which the
offices of the Borough are closed, that day shall be excluded.
C. "Writing" and "written" shall include printing, typewriting and any other mode of
communication using paper or similar material which is in general use, as well as legible
handwriting.
D. Whenever a specific time is used in this Code, it shall mean the prevailing and established time
in effect in the State of New Jersey during any day in any year.
E. "Chapter" shall mean one of the major divisions of the Code identified by an Arabic
number and divided by subject matter.
F.
"Section" shall mean a major division of a chapter.
G. "Subsection" shall mean a division of a section, identified by letters and numbers.
H. "Used" shall include "designed, intended, or arranged to be used."
1:2
§ 1-3
GENERAL PROVISIONS
§ 1-8
ARTICLE II
Adoption of Code by Mayor and Council
[Adopted 6-7-1982 by Ord. No. 82-5]
§ 1-3. Adoption of Code.
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Butler of a general and permanent
nature adopted by the Mayor and Council of the Borough of Butler, as revised, codified and
consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters
1 through 235, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of
Butler," hereinafter known and referred to as the "Code."
§ 1-4. 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 and effect hereinafter.
§ 1-5. When effective.
This ordinance shall take effect immediately upon passage and publication according to law.
§ 1-6. Inclusion of ordinance in Code.
This ordinance shall, upon adoption, be included in the Code as Chapter 1, General
Provisions, Article II, Adoption of Code by Mayor and Council.
§ 1-7. 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
Butler 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 same during all times while the said Code is in effect.
§ 1-8. 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 Butler" 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.
1:3
§ 1-9 GENERAL PROVISIONS
§ 1-13
§ 1-9. Publication; filing.
The Clerk of the Borough of Butler, pursuant to law, shall cause to be published, in the
manner required, a copy of this adopting ordinance 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 the 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.
§ 1-10. 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 the office of the
Clerk for use by 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.
§ 1-11. Sale of Code book.
Copies of the Code book containing the Code may be purchased from the Clerk upon the payment of
a fee to be set by resolution of the Mayor and Council, which may also arrange, by resolution, for
procedures for the periodic supplementation thereof.
§ 1-12. Altering or tampering with Code; penalties for violation. [Amended 4-18-2006 by
Ord. No. 2006-7]
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 Butler to be misrepresented thereby. Anyone violating this section
or part of this ordinance shall be subject, upon conviction, to such penalties as are provided for
in Chapter 230, Violations and Penalties, of the Code of the Borough of Butler.
§ 1-13. 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.
1:4
§ 1-14 GENERAL PROVISIONS § 1-16
§ 1-14. 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.
§ 1-15. Repeal of ordinances.
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.
§ 1-16. Ordinances saved from repeal.
The adoption of this Code and the repeal of ordinances provided for in § 1-15 of this
ordinance shall not effect the following ordinances, rights and obligations, which are hereby
expressly saved from repeal.
A.
Any ordinance adopted subsequent to May 4, 1981.
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 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 or obligation.
I.
The levy or imposition of taxes, assessments or charges.
1:5
§ 1-16
GENERAL PROVISIONS
§ 1-17
J. All currently effective ordinances pertaining to the rate and manner of payment of salaries
and compensation of officers and employees of the Borough of Butler.
K.
All ordinances of the Borough providing for the preparation and use of maps.
L.
All ordinances of the Borough establishing personnel policies or regulating Borough employees.
§ 1-17. 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 following changes, amendments or revisions 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.)1
1.
Editor's Note: Pursuant to § 1-17B, the following sections were added or amended at time of adoption of Code. A
complete description of each change is on file in the office of the Borough Clerk.
A. Sections added or amended: §§ 4-3D, 93-2B, 136-3, 143-5, 143-16, 143-26, 143-39, 143-52, 207-4, 207-5, 207-6 and
223-1.
B. Penalty sections amended: §§ 65-9, 67-7, 67-12, 69-7, 79-4, 82-3, 85-2, 93-10, 101-5, 117-3, 122-7, 136-4, 150-16,
153-19, 155-7, 160-5, 168-4, 171-12, 174-12, 184-7, 184-14, 187-2, 191-32A and B, 196-5, 199-8, 202-3, 207-7, 213-10A
and B, 218-4, 223-6 and 234-9B(2) and (3).
C. Former provisions repealed: Sections 2-2.2, 2-4, 2-5, 2-10, 2-14, 2-18 and 2-19 of Chapter II of the Revised General
Ordinances.
1:6
Chapter 4
ADMINISTRATION OF GOVERNMENT
§ 4-1. Title.
§ 4-2. Borough Council.
§ 4-3. Meetings.
§ 4-4. Mayor.
§ 4-5. President of the Council.
§ 4-6. Committees.
§ 4-7. Duties of standing committees.
§ 4-8. Borough Clerk.
§ 4-8.1. Borough Deputy Clerk.
§ 4-9. Municipal Administrator.
§ 4-10. Administrative Analyst.
§ 4-11. Borough Attorney.
§ 4-12. Borough Engineer.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as part of Ch.
II of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 36.
Salaries and compensation — See Ch. 47.
§ 4-1. Title.
This chapter shall be known and may be cited as the "Administrative Code of the Borough of
Butler" and is herein referred to as the "code."
§ 4-2. Borough Council. [Amended 5-9-1989 by Ord. No. 13-89]
A. Organization. The Council shall consist of six Councilmen elected at large in the
Borough, all of whom shall be elected and take office in the manner provided by law.
The term of office of the Councilmen shall commence on January 1 next following their
election.
B. Powers of Council.
(1)
The Council shall be the legislative body of the municipality.
(2)
The Council may, subject to general law:
(a) Pass, adopt, amend and repeal any ordinance or, where permitted, any
resolution for any purpose required for the government of the municipality or for
the accomplishment of any public purpose for which the municipality is
authorized to act under general law.
(b) Control and regulate the finances of the municipality and raise money by
borrowing or taxation.
4:1
§ 4-2
(c)
ADMINISTRATION OF GOVERNMENT
§ 4-3
Create such offices and positions as it may deem necessary. The officers
appointed thereto shall perform the duties required by law and the ordinance
of the Council. Officers shall serve at the pleasure of the Council, except as
otherwise provided by law. [Amended 12-11-1990 by Ord. No. 1990-27]
(d) Investigate any activity of the municipality.
(e)
Remove any officer of the municipality, other than those officers excepted by
law, for cause.
(f)
Override a veto of the Mayor by a 2/3 majority of all the members of the
Council.
(3) The Council shall have all the executive responsibilities in the municipality not
placed, by general law or this act, in the office of the Mayor.
(4) The Council, whenever it fails to confirm the nomination by the Mayor of any
official to a subordinate office of the Borough within 30 days of being presented
such nomination, shall make the appointment to that office, provided that at least
three affirmative votes shall be required for such purpose, the Mayor to have no
vote thereon, except in the case of a tie.1
§ 4-3. Meetings. [Amended 5-9-1989 by Ord. No. 13-89]
A. Annual meeting. The Mayor and Council shall hold an annual meeting on the first day of
January at 12:00 noon or during the first seven days of January in any year. The Council
has the right to fix the time for the annual meeting at any other time permitted by law if
it so desires.
B. Regular meetings. At the annual meeting, the Council shall fix the time and place for
holding regular meetings during the ensuing year, which time and place may not be changed,
except by a resolution duly adopted at a regular meeting.
C. Election of President of the Council. At its annual meeting, the Council shall, by the vote
of a majority of its number, elect a President of the Council, who shall preside at all its
meetings when the Mayor does not preside. The President of the Council shall hold
office for one year and until the next annual meeting. He shall have the right to debate
and vote on all questions before Council. If the Council fails to elect a President at the
annual meeting, the Mayor shall appoint the President from the Council and, in that case,
no confirmation by the Council shall be necessary.
D. Standing committees. The Council may, at its annual meeting, establish for its members
such committees of the Council as will assist it for the ensuing year. [Added 6-7-1982
by Ord. No. 82-5]
E.
Special meetings. The Mayor shall, when necessary, call special meetings of the Council.
In case of his neglect or refusal, any four members of the Council may call such meeting
1. Editor's Note: Original Subsection 2-2.2, Vacancies, which immediately followed hereafter, was deleted 6-7-1982 by
Ord. No. 82-5.
4:2
§ 4-3
ADMINISTRATION OF GOVERNMENT
§ 4-3
at such time and place in the Borough as they may designate, and in all cases of special
meetings, notice shall be given to all the members of the Council or left at their place of
residence. The Council shall hold such other meetings at such time and place as it may
by resolution direct, but all regular meetings shall be held within the Borough.
F.
Quorum. Three Councilmen and the Mayor or, in the absence of the Mayor, four
Councilmen shall constitute a quorum for transacting business.
G. Order of business. The following order of business shall be observed at any regular or
special meeting:
(1) Roll call.
(2) Approval of minutes.
(3)
Greeting of public and invitation for discussion.
(4)
Presentation of correspondence, petitions.
(5) Advertised hearings.
(6) Introduction of ordinances.
(7)
Second and third readings and final disposition of ordinances.
(8)
Resolutions (consent agenda).
(9)
Unfinished business.
(10) New business.
(11) Reports of committees and department heads.
(12) Approval of vouchers and payrolls.
(13) Adjournment.
H. Voting.
(1) Action by majority vote. All action of the Council shall be by a majority vote of
those present, except as otherwise required by statute or specifically provided in
this chapter.
(2) Roll call vote. A roll call vote shall be taken and the yeas and nays entered in the
minutes of the meeting when ordered by the Mayor or upon demand of one
member of the Council or when directed by statute.
I.
Consent agenda.
(1) The agenda for each regular Council meeting shall contain a section entitled
"consent agenda." The consent agenda shall consist of all resolutions and
applications not necessary to be read in their entirety at the regular Council
meeting, as determined by the Borough Clerk and the Municipal Administrator.
4:3
§ 4-3 ADMINISTRATION OF GOVERNMENT
§ 4-4
(2) Items that appear on the consent agenda shall be included in one resolution entitled
"resolution authorizing passage of consent agenda." The resolution shall contain
the title of all of the resolutions and applications to be considered at the regular Council
meeting. It shall only be necessary for the Council to vote on the resolution
authorizing the passage of the consent agenda. Any individual member of the
Council may, on request, remove any item from the consent agenda and request
that it be voted upon separately by the Council.
(3)
All resolutions adopted as part of the consent agenda shall be filed with the
Borough Clerk and entered in the minutes.
J.
Rules of order. The deliberations of the Council shall be governed by Robert's Rules of
Order.2
§ 4-4. Mayor. [Amended 5-9-1989 by Ord. No. 13-89]
A. Presiding officer. The Mayor shall preside at meetings of the Council and may vote to
break a tie. The Mayor shall be the head of the municipal government and shall have all those
owners designated by general law.
B. Appointments. The Mayor shall nominate and with the advice and consent of Council, appoint
all subordinate officers of the Borough unless the specific terms of the general law clearly
require a different appointment procedure. He shall make his nomination to any such
office within 30 days of that office becoming vacant. If the Mayor fails to nominate within
said 30 days or the Council fails to confirm any nomination made by the Mayor, then after
the expiration of said 30 days the Council shall appoint. No appointment of any
subordinate officer of the Borough shall be confirmed except by a vote of a majority of
the members present at the meeting, provided that at least three affirmative votes shall be
required for such purpose, the Mayor voting only in case of a tie.
C. Duties.
(1) Enforcement. The Mayor shall see to it that the laws of the state and the
ordinances of the Borough are faithfully executed. He shall recommend to the
Council such measures as he may deem necessary or expedient for the welfare of
the Borough. He shall maintain peace and good order and have the power to
suppress all riots and tumultuous assemblies in the Borough.
(2) Maintenance of order and decorum. The Mayor shall at all times maintain the
strictest order and proper decorum and shall cause the removal of any person or
persons who shall interrupt the orderly proceedings of the Council.
(a) Recognition. When two or more Councilmen shall rise simultaneously, the
Mayor shall designate the one entitled to the floor, and he alone shall be
recognized.
2. Editor's Note: Original Sections 2-4, Committees, and 2-5, Duties of Standing Committees, which immediately
followed hereafter, were deleted 6-7-1982 by Ord. No. 82-5.
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§ 4-4
ADMINISTRATION OF GOVERNMENT
§ 4-5
(b) Question of order. The Mayor shall decide all questions of order, without
debate, subject to an appeal to the Council, and he may call upon the Council for
its opinion concerning any question of order.
(3) Ex officio member of committees. The Mayor shall be an ex officio member of all
committees, both standing and special, and shall be informed in advance of all
meetings of such committees.
(4) Liaison duties. The Mayor shall serve as liaison between the Borough Council and
all boards, agencies, committees or organizations, except where liaison duties are
hereafter assigned to a specific council committee; the Mayor shall serve as liaison
between the Borough Council and the trustees of the Butler Library Association.
(5)
Approval of ordinances; veto.
(a) Every ordinance adopted by the Council shall, within five days after its
passage, Sundays excepted, be presented to the Mayor by the Borough Clerk.
The Mayor shall, within 10 days after receiving the ordinance, Sundays excepted,
either approve the ordinance by affixing his signature thereto or return it to
the Council by delivering it to the Clerk, together with a statement setting forth
his objections thereto of any item or part thereof. No ordinance or any item
or part thereof shall take effect without the Mayor's approval, unless the
Mayor fails to return the ordinance to the Council, as prescribed above, or unless
the Council, upon consideration of the ordinance following its return, shall, by
a vote of 2/3 of all the members of the Council, resolve to override the veto.
(b) No ordinance shall be passed except by a vote of a majority of the members
of the Council present at the meeting, provided that at least three affirmative
votes shall be required for such purpose, the Mayor voting only in the case of
a tie.
(c) If any ordinance contains more than one distinct section, clause or item, the
Mayor may approve one or more thereof and veto the rest.
§ 4-5. President of the Council. [Added 5-9-1989 by Ord. No. 13-893 ]
A. Duties. The President of the Council shall perform all the duties of the Mayor during any
period in which the Mayor is absent from the Borough for three days or more or is
unable to perform the duties of his office. Where such absence is intended, the President
of the Council shall become the Acting Mayor until the Mayor's return. If the President
of the Council is unable to perform the duties of the Acting Mayor, then the member of
Council with the longest term of service may act temporarily for the President of the Council.
3. Editor's Note: This ordinance also provided for the numbering of former §§ 4-5 through 4-9 as §§ 4-8 through 4-12,
respectively.
4:5
§ 4-5 ADMINISTRATION OF GOVERNMENT
§ 4-6
B. Meetings. In the absence of the Mayor, the President of the Council shall preside at any
meeting of the Council.
§ 4-6. Committees. [Added 5-9-1989 by Ord. No. 13-89; 2-17-1998 by Ord. No. 1998-2]
A. Appointment. The Council shall appoint all members of the standing committees by
majority vote.
B. Standing committees. [Amended 2-19-2002 by Ord. No. 2002-4]
(1) At the reorganization meeting, standing committees of the Council, consisting of
three Council members each, shall be appointed as follows:
(a) Finance, Ordinance and Recreation Committee.
(b) Public Safety Committee.
(c) Water and Wastewater Committee.
(d) Electric Light and Public Lighting Committee.
(e) Roads and Buildings/Grounds Committee.
(f)
Health, Sanitation and Community Development Committee.
(2) Membership. Each Councilman shall be chairman of one of the standing
committees and shall be a member of at least two other standing committees.
(3) Purpose; powers; duties. The purpose of standing committees is to serve as a
liaison between the Council and the respective departments of the municipality and
be responsible for making policy recommendations to the Council and the
Municipal Administrator concerning municipal departments. The standing
committee is to expedite and facilitate the work of the Council, but not to interfere
with the responsibilities of the Administrator in the general administration of the
municipality.
C. Special committees. Special committees may be appointed by the Council for purposes
not included in the duties of the standing committees.
D. Appointment of Chairman; committee assignments. The Council shall designate one of
the appointees as Chairman and shall designate a Vice Chairman to be the successor in
case of death, absence, resignation or removal of the Chairman.
E. Reports. The Chairman of each standing and special committee shall be prepared to
report to the Mayor and Council at each regular meeting on the principal activities and
achievements of his committee.
F. Meetings. Meeting of a committee shall be subject to requirements of the Open Public
Meetings Act, if applicable. At least two members of the committee must be present to
constitute a quorum.
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§ 4-7
ADMINISTRATION OF GOVERNMENT
§ 4-7
§ 4-7. Duties of standing committees.
[Added 5-9-1989 by Ord. No. 13-89; amended
2-17-1998 by Ord. No. 1998-2]
A. Finance, Ordinance and Recreation Committee.
(1)
The Finance, Ordinance and Recreation Committee shall be responsible for:
(a) The presentation of a resolution to the Council at its regular meeting
approving vouchers for payment.
(b) The approval by the Chairman of payrolls and the presentation of a resolution
at the regular meeting for their payment.
(2) The Chairman of this Committee shall also serve as liaison between the Council
and the Board of Education.
(3)
Review of ordinances for recommendations to the Council.
(4) The Chairman of the Committee shall also act as the liaison between the Council
and the Recreation Commission.
B. Public Safety Committee. The Public Safety Committee shall be responsible for:
(1)
Acting as liaison between the Council and the Police Department.
(2)
Acting as liaison between the Council and the Fire Department.
(3) Review and make recommendations with regard to capital expenditures for all
departments for which the Committee serves as liaison.
C. Water and Wastewater Committee. The Water and Wastewater Committee shall
be responsible for the following:
(1)
Acting as liaison between the Council and the operations of the Water Division.
(2) Review and make recommendations concerning the property and reservoir in connection
with the operation of the Water Division.
(3) Review and make recommendations to the Council with regard to water rates and
all capital expenditures.
(4) Acting as liaison between the Council and the representatives of the municipality
serving as members of the Pequannock River Basin Regional Sewage Authority.
(5) Acting as liaison between the Council and Sewer Division operation and sewer
plant properties of the municipality.
(6) Review and make recommendations to the Council for all Sewer Division
operations, such as capital expenditures, sewerage transmission, hookup and
connections and sewer rates.
D. Electric Light and Public Lighting Committee. The Electric Lighting and Public Lighting
Committee shall be responsible for:
4:7
§ 4-7 ADMINISTRATION OF GOVERNMENT
§ 4-8
(1)
Acting as liaison between the Council and the various municipalities served by the
division.
(2)
Acting as liaison between the Council and the various division companies
operating within the Borough relating to electricity.
(3)
Acting as liaison between the Council and the operations of the Electric Division.
(4)
Review and make recommendations to the Council with regard to electric rates and
all capital expenditures.
E. Roads and Buildings/Grounds Committee. The Roads and Buildings/Grounds Committee
shall be responsible for the following: [Amended 6-19-2007 by Ord. No. 2007-15]
(1)
Acting as liaison between the Council, the Borough Engineer and Public Works
Superintendent.
(2)
Review and make recommendations to the Council with regard to municipal roads
and the maintenance and improvement of all public buildings and grounds.
F. Health, Sanitation and Community Development Committee. The Health, Sanitation and
Community Development Committee shall have responsibility for the following: [Amended
6-19-2007 by Ord. No. 2007-15]
(1)
Acting as liaison between the Council and the Board of Health.
(2)
Review and make recommendations to the Council with regard to garbage and
refuse collection and recycling.
(3)
The pursuit and promotion of community growth.
(4)
Patriotic or other celebrations financed wholly or in part by public funds.
§ 4-8. Borough Clerk.
A. Appointment. There shall be a Clerk of the Borough of Butler appointed by the Mayor
with the advice and consent of the Council for a term of three years. The term shall run from
January 1 of the year in which he is appointed. Prior to his appointment, the Borough Clerk
shall be qualified by training and experience to perform the duties of his office. [Amended
4-21-1987 by Ord. No. 4-87]
B. Clerk of Council and committees. The Borough Clerk shall serve as Clerk of the Council and
as secretary of any special legislative committees of the Council. He shall attend all meetings
of the Council and of such committees when required by the Chairman and shall keep
the minutes of the meetings of the Council and of such committees. The minutes of each
meeting of the Council shall be signed by the officer presiding at the meeting and by the
Clerk.
C. Ordinances and resolutions.
(1)
The Clerk shall record all ordinances in books to be provided for that purpose.
After each ordinance, he shall also record and certify the proof of publication
4:8
§ 4-8
ADMINISTRATION OF GOVERNMENT
§ 4-8
thereof as required by law. Each ordinance so recorded shall be signed by the
Mayor and the Clerk, who shall attest that it was duly adopted upon a date stated,
and, when so signed, the recorded copy shall be deemed to be a public record of
the ordinance. Any omission by the Clerk or the Mayor to record, sign or certify as
herein required shall not impair or affect the validity of any ordinance which has
been duly adopted.
(2) At the close of each year, the Clerk, with the advice and assistance of the Borough
Attorney, shall bind, compile or codify all the ordinances, or true copies thereof, which
then remain in force and effect. He shall also properly index the record books,
compilation or codification of ordinances.
D. Custodian of records. The Clerk shall have custody of and shall safely keep all records,
books and documents of the Borough, except those committed by ordinance to any other
office or transferred thereto by the Mayor and Council. He shall, upon request and upon
the payment of the fees prescribed therefor by resolution of the Council for the use of the
Borough, furnish a certified copy of any such paper in his custody under the Corporate
Seal of the Borough.
E.
Corporate Seal.
(1) Use of Seal. The Clerk shall cause the Corporate Seal of the Borough to be affixed
to instruments and writings when authorized by ordinance or resolution of the
Council or when necessary to exemplify any document on record in his office, or
to certify any act or paper which from the records in his office shall appear to have
been a public act of the Borough or a public document. He shall not affix the seal
or cause or permit it to be affixed to any other instrument, writing or other paper
unless required by law or ordinance.
(2) Description of Seal. The Seal of the Borough of Butler shall be circular in form
and shall contain the following: in the center the letter "B" circumscribed by the
wording, "Borough of Butler, Morris Co., N.J., Incorporated March 13, 1901."
F. Insurance; surety bonds; contracts. The Clerk, subject to the supervision of the Mayor
and Council, shall:
(1) Be the depository and custodian of all official surety bonds furnished by or on
account of any officer or employee, except his own bond, which bond shall be
placed in the custody of the Treasurer; of all insurance policies upon or with
respect to risks insured for the benefit of the Borough or to protect it against any
claim, demand or liability whatsoever; and all formal contracts for work, labor,
services, supplies, equipment and materials to which the municipality may be a
party.
(2) Be the depository for and have custody of all performance bonds running to the Borough
as obligee, or any other form of security given by any contractor, subdivision
developer or other persons on account of work done or to be done in or for the
Borough.
(3)
Have custody of all leases of property owned by the Borough.
4:9
§ 4-8 ADMINISTRATION OF GOVERNMENT
§ 4-9
(4) Report to the Borough Council annually, at such time as the Council may require
on the coverage, expiration date and premium of each surety bond and contract of
insurance, the nature and terms of outstanding leases, the rent reserved by each and
their respective expiration dates.
G. Other laws and ordinances. In addition to such other functions, powers and duties as may
be prescribed by ordinance and subject to the supervision and direction of the Mayor and
Borough Council, the Clerk shall:
(1)
Perform all of the functions required of municipal clerks by the General Election
Law (Title 19 of the Revised Statutes) and any other law or ordinance.
(2) Administer the provisions of Borough ordinances with reference to the licensing of
occupations and activities for which licenses are required by law or ordinance to
be obtained from the Clerk.
(3) Have such other, different and additional functions, powers and duties as may be
prescribed by law or ordinance or delegated to him by the Mayor and Borough
Council.
H. Registrar of real property. The Clerk shall maintain a record of all real property which
the Borough may acquire, sell or lease. The records shall be in such form and contain
such information as the Division of Local Finance in the Community Affairs of the State
of New Jersey shall prescribe. It shall be available for inspection in the office of the
Clerk.
§ 4-8.1. Borough Deputy Clerk. [Added 4-21-1987 by Ord. No. 4-87]
A. Appointment. There shall be a Deputy Clerk of the Borough of Butler appointed by the
Mayor with the advice and consent of the Council for a term of three years. The term
shall run from January 1 of the year in which he is appointed. Prior to his appointment,
the Borough Deputy Clerk shall be qualified by training and experience to perform the
duties of his office.
B. Clerk of Council and committees. During the absence or disability of the Borough Clerk,
the Borough Deputy Clerk shall serve as Clerk of the Council and as Secretary of any special
legislative committees of the Council. He shall, during the absence or disability of the
Borough Clerk, have the same duties and responsibilities as enumerated in § 4-8 of this
chapter.
§ 4-9. Municipal Administrator. [Added 2-21-1978 by Ord. No. 78-1]
A. Position created. The position of Municipal Administrator of the Borough of Butler is
hereby created, and the employment of a person to fill such position on a temporary or
permanent basis is hereby authorized.
B. Appointment. The Municipal Administrator shall be appointed by the Mayor with the
advice and consent of the Council. The Mayor shall make such appointment within 30
days after the office becomes vacant. If the Mayor fails to make such appointment within
4:10
§ 4-9
ADMINISTRATION OF GOVERNMENT
§ 4-9
said 30 days, or the Council fails to confirm any appointment made by the Mayor, then
after the expiration of said 30 days, the Council shall appoint said Municipal
Administrator.
C. Once appointed, the Municipal Administrator shall serve at the pleasure of the governing
body except that the Administrator may be removed in accordance with Subsection D below.
[Amended 10-1-1979 by Ord. No. 79-16; 8-21-1984 by Ord. No. 14-84]
D. The Municipal Administrator may be removed by a two-thirds vote of the governing
body. The resolution shall become effective a minimum of three months after its
adoption by the governing body. The governing body may provide that the resolution
shall have immediate effect; provided, however, that the governing body shall cause to
be paid to the Municipal Administrator forthwith any unpaid balance of his salary that
has been earned to the date the resolution was adopted and his salary for the length of
time specified in the resolution adopted causing the removal. [Amended 8-21-1984 by
Ord. No. 14-84]
E.
Vacation. The Municipal Administrator shall be granted an annual leave as follows:
(1)
Up to one year of service, one working days’ vacation for each month of service.
(2)
After one year and up to 10 years of service, 12 working days' vacation.
(3)
After 10 years and up to 20 years of service, 15 working days' vacation.
(4)
After 20 years of service, 20 working days' vacation.
F. Compensation. The Municipal Administrator shall receive as his salary such sums as may
be fixed and adopted by the Salary Ordinance of the Borough of Butler.4
G. Qualifications.
(1) The Municipal Administrator shall be chosen on the basis of executive and
administrative abilities and qualifications, with special regard to the areas of
accounting, finance, education, training and experience in governmental affairs.
(2) The Administrator need not be a resident of the Borough nor shall he be required
to be a resident, provided that he maintains accessibility on evenings and weekends
in order to deal with emergency situations. [Amended 8-21-1984 by Ord. No.
14-84]
H. Powers and duties. The Municipal Administrator shall:
(1) Attend all meetings of the Mayor and Council with the right to take part in
discussions but without the right to vote. [Amended 8-21-1984 by Ord. No.
14-84]
(2) Provide a liaison between the Mayor and Council and the various boards,
commissions and consultants of the Borough of Butler. [Amended 8-21-1984 by
Ord. No. 14-84]
4. Editor's Note: See Ch. 47, Salaries and Compensation.
4:11
§ 4-9 ADMINISTRATION OF GOVERNMENT
§ 4-9
(3) Keep the Mayor and Council currently informed on all matters assigned to him or
otherwise within his jurisdiction.
(4) Supervise and direct the administration of all departments and offices of the
Borough, with all department heads reporting directly to the Administrator. [Amended
8-21-1984 by Ord. No. 14-84]
(5) Make studies and surveys of such municipal problems of the Borough of Butler as
shall be assigned to him from time to time by the Mayor and Council, and prepare and
submit written reports of his findings and determinations to the Mayor and Council for
their consideration and action.
(6) Study continually present and future budgets, purchasing procedures, administrative
procedures and personnel organization and policies, and make such recommendations
to the Mayor and Council relating thereto as he shall deem necessary from time to
time.
(7)
Be responsible for continually improving communications between the various
Borough personnel, departments, agencies, boards, and the Mayor and Council.
(8) See that all terms and conditions imposed in favor of the Borough or its inhabitants
in any statute or contract are faithfully kept and performed, and upon knowledge of
any violation, call the same to the attention of the Borough Council.
(9) Serve as the Personnel Officer of the Borough and as such hire and promote
employees and, when he deems necessary, institute disciplinary action, including
but not limited to suspension, demotion and discharge based upon the recommendation
of the respective department head. It shall be the Administrator's responsibility to
notify 2/3 of the governing body within 24 hours of exercising his power concerning
personnel. [Amended 8-21-1984 by Ord. No. 14-84]
(10) Continually review and supervise the Borough's insurance program.
(11) Be responsible for the overall supervision and maintenance of real property owned
by the Borough of Butler.
(12) Act as liaison between the Borough of Butler and the various County, state and
federal agencies with respect to all applications for funds and/or services needed or
required by the Borough of Butler.
(13) Review daily any complaints concerning the functions and obligations of the
Borough of Butler made by any of its residents, and he shall have a permanent
record of all complaints and the disposition made.
(14) Make any recommendations which he may believe will increase the efficiency of
the operation of the Borough of Butler.
(15) Prepare and present to the Mayor and Council a quarterly report of the Borough
affairs, which shall include a report from each department head.
(16) Prepare and administer the municipal budget. Obtain from each department, committee,
board, commission, agency or officer of the Borough information
4:12
§ 4-9
ADMINISTRATION OF GOVERNMENT
§ 4-11
necessary for the preparation of the annual budget. [Amended 8-21-1984 by Ord.
No. 14-84]
(17) All materials, supplies and equipment or work under contract for the Borough shall
be purchased under the direction and supervision of the Borough Administrator.
[Amended 8-21-1984 by Ord. No. 14-84]
(18) Also perform such other duties as may be assigned to him from time to time by the
Mayor and Council.
I. Bond. The Municipal Administrator shall furnish a surety bond to be approved by the
Mayor and Council, said bond to be conditioned upon the faithful performance of his
duties. The premium of said bond shall be paid by the Borough.
J.
The Borough Administrator shall not engage in any organized political campaigns within
the Borough of Butler or have any interest, direct or indirect, in any contract, subcontract
or job for work, materials or services or the profit thereof to be furnished to or performed
for the Borough. [Added 8-21-1984 by Ord. No. 14-84]
§ 4-10. Administrative Analyst. [Added 3-2-1981 by Ord. No. 81-35 ]
A. Establishment of position. There is hereby established the position of Administrative
Analyst in the Borough of Butler.
B. Term. The term of the position of Administrative Analyst for the Borough of Butler shall
be for one year, but such term shall expire on December 31 of each year, whether or not
the position has been filled for the entire year.
C. Appointment. The position of Administrative Analyst shall be filled by appointment by
the Mayor and Borough Council of the Borough of Butler by a duly adopted resolution.
D. Duties. The Administrative Analyst shall prepare on a routine basis cost allocation
studies for the various functions and departments maintained by the Borough. The
Administrative Analyst shall implement an inventory control program in connection with all
the Borough's operating assets, shall perform system studies and shall perform such other
duties as assigned by the Borough Administrator.
E. Salary. The Administrative Analyst shall receive such compensation as is authorized in
the yearly Salary Ordinance and resolution adopted by the Mayor and Borough Council
of the Borough of Butler.6
§ 4-11. Borough Attorney.
A. Appointment. The Borough Attorney shall be appointed by the Mayor with the advice
and consent of the Council for a term of one year. He shall be an attorney at law of New
5. Editor's Note: Section 6 of this ordinance provided for the repeal of original Section 2-10, Purchasing Agent.
6. Editor's Note: See Ch. 47, Salaries and Compensation.
4:13
§ 4-11 ADMINISTRATION OF GOVERNMENT
§ 4-12
Jersey but need not be a resident of the Borough. The Attorney shall receive a retainer
and shall in addition be paid such fees and charges as shall be deemed reasonable.
B. Powers and duties. The Attorney shall have such powers and perform such duties as are
provided for the office of Borough Attorney by general law or ordinances of the
Borough. He shall represent the Borough in all judicial and administrative proceedings in
which the municipality or any of its officers or agencies may be a party or have an
interest. He shall give all legal counsel and advice where required by the Council or any
member thereof, and shall in general serve as the legal advisor to the Council on all
matters of Borough business. In furtherance of such general powers and duties, but without
limitation thereto, the Borough Attorney shall:
(1) 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.
(2) With the approval of the Council, conduct appeals from orders, decisions or
judgments affecting any interest of the Borough as he may in his discretion
determine to be necessary or desirable or as directed by the Mayor and Council.
(3) Subject to the approval of the Borough Council, have power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved.
(4) Render opinions in writing upon any question of law submitted to him by the
Council or any member thereof with respect to their official powers and duties, and
perform such duties as may be necessary to provide legal counsel to the Council in
the administration of municipal affairs.
(5) Supervise and direct the work of such additional attorneys and technical and
professional assistants as the Council may authorize for special or regular employment
in or for the Borough.7
§ 4-12. Borough Engineer.
A. Established. There is hereby established the position of Borough Engineer.
B. Appointment; term. The Borough Engineer shall be appointed by the Mayor with the
approval of the Council for a term of one year. The Borough Engineer shall receive such
compensation as may be agreed upon and determined by the Council. He shall be a duly
licensed professional engineer of the State of New Jersey.
C. Duties. The Borough Engineer shall perform such duties as are prescribed by general law
and ordinance, and in addition shall:
7. Editor's Note: Original Section 2-14, Building Inspector, which immediately followed hereafter, was superseded
3-15-1977 by Ord. No. 77-7.
4:14
§ 4-12
ADMINISTRATION OF GOVERNMENT
§ 4-12
(1) Prepare, or cause to be prepared, plans, designs and specifications for public works
and improvements undertaken by the Borough, either on force account or by public
contract.
(2) Provide and maintain surveys, maps, plans, specifications and control records with
respect to public works and facilities owned or operated by the Borough.
(3)
Operate, maintain and repair the Borough storm sewer system.
(4) Provide technical and engineering advice and assistance to all Borough
departments as needed; provided, however, that he shall be under the general
supervision of the Council Committee of the Division of Public Works.
(5) All papers, documents, memoranda, reports and other materials relating to the
administration of engineering duties of the Borough Engineer shall be and remain
the property of the Borough. Upon the termination of his service with the Borough,
the Borough Engineer shall forthwith surrender to any successor all such property. The
Borough Engineer shall also act as assessment search officer of the Borough.
4:15
Chapter 5
ALTERNATIVE ENERGY
§ 5-1. Definitions.
§ 5-2. Purpose.
§ 5-3. Permit Requirements.
§ 5-4. Installation Requirements.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 6-19-2012 by Ord.
No. 2012-3. Amendments noted where applicable.]
§ 5-1. Definitions.
Solar energy system- a solar energy system and all associated equipment which converts solar
energy into usable electrical energy, heats water or produces hot air or other similar function through
the use of solar panels.
Solar Panels- a structure containing one or more receptive cells, the purpose of which is to convert
solar energy into usable electrical energy by way of a solar energy system.
§ 5-2. Purpose.
The purpose of this section is to establish requirements for the installation of solar panels within the
Borough of Butler.
§ 5-3. Permit Requirements.
A. Before any solar panel may be installed, plans for such installation shall be submitted to the
Butler Building Department and Butler Fire Department officials. No solar panel shall be
installed without a permit issued by the Borough.
B. The design of the solar panel system shall conform to all applicable industry standards including
the New Jersey Uniform Construction Code, the National Electric Code and the Butler Building
Code and Zoning Regulations. The applicant shall submit certificates of design compliance
obtained by the equipment manufacturer from a certified organization and any such design shall
be certified by an Engineer registered in the State of New Jersey. The manufacturer specifications
shall be submitted as part of the application.
§ 5-4. Installation Requirements.
(i)
Solar panels shall be permitted as a rooftop installation in any zoning district. A roof-mounted
system may be mounted on a principal building or accessory building.
(ii) Roof-mounted solar panels shall be mounted parallel to the roof angle and shall not exceed a
height of 12 inches above the rooftop.
5:1
§ 5-4
ALTERNATIVE ENERGY
§ 5-5
(iii) A roof-mounted solar panel that is mounted on a flat roof may be angled to achieve maximum
sun exposure but shall not exceed 5 feet above the roof. No such mounted solar panel shall
exceed the maximum permitted height of the structure.
(iv) All roof-mounted panels shall be installed at least 3 feet from the roof edges.
(v) Roof mounted solar panels shall not be permitted on the front roof of a structure which faces a
street, except as permitted below. This requirement shall also apply to the side street of a corner lot.
Solar panels shall be located on a rear-or-side-facing roof, as viewed from any adjacent street, unless
such installation is proven to be ineffective or impossible. The removal of potential obstructions
such as interceding vegetation shall not be sufficient cause for permitting a front-facing installation.
Front-facing installation may be permitted in accordance with the following provisions:
(a) Applicant must present valid reasons to the building official as to why a front roof is the
only effective or possible means for utilizing solar energy on the property. Such
information shall be certified by a professional deemed qualified by the Building
Department and reviewed by the Borough Engineer and any other Professional that the
Borough deems necessary; and
(b) Solar panels must be flush mounted to the roof.
(c) An applicant may appeal a denial of the Building Department to allow solar panels on a
front roof to the Zoning Board of Adjustment.
(vi) Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed
onto nearby properties, businesses, residential homes or roadways.
(vii) All exterior electrical lines must be painted a color scheme that matches as closely as
reasonably possible the color of the structure and adjacent materials.
(viii) An external disconnect switch, which is clearly identified and unobstructed, shall be provided.
(ix) Signage identifying the use of solar panels shall be posted at an easily visible location. The
signage shall clearly state the name, address and telephone number of the vendor authorized to
deactivate the solar panel system in the case of an emergency.
(x) In addition to the required signage, property owners shall provide the Borough Fire Official
with a map illustrating the location of the disconnect switch, as well as any information regarding
the vendor authorized to deactivate the solar panel.
(xi) Marking is required on all interior and exterior direct conduit, raceway, enclosures, cable
assemblies and junction boxes to alert the Fire Service to avoid cutting them.
(xii) Ground mounted solar energy systems shall not be located in the front or side yards and shall
have side and rear yard set backs of no less than 20 feet. No part of the ground mounted solar energy
system shall exceed 7 feet in height.
5:2
Chapter 6
AMERICANS WITH DISABILITIES ACT COMPLIANCE
COMMITTEE
§ 6-1. Purpose.
§ 6-2. Americans with Disabilities Act Coordinator.
§ 6-3. Americans with Disabilities Act Compliance Committee.
§ 6-4. Grievance procedure.
§ 6-5. Maintenance of records.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 6-16-1992 by
Ord. No. 1992-11. Amendments noted where applicable.]
§ 6-1. Purpose.
It is the intent of this chapter to establish an internal grievance procedure providing for
prompt and equitable resolution of complaints alleging any action prohibited by the United
States Department of Justice regulations implementing Title II of the Americans with
Disabilities Act (hereinafter "ADA"). Title II states in part that "no otherwise qualified
disabled individual shall, solely by reason of such disability, be excluded from the
participation in, be denied the benefits of or be subjected to discrimination" in programs or
activities sponsored by the Borough of Butler.
§ 6-2. Americans with Disabilities Act Coordinator.
A. There is hereby established the position of ADA Coordinator, who shall be a Borough
employee appointed by the Mayor and who shall serve in that capacity for the term of
the Mayor or until such time as the employee terminates his employment with the
Borough.
B. The ADA Coordinator shall receive no additional compensation.
§ 6-3. Americans with Disabilities Act Compliance Committee.
A. There is hereby established an ADA Compliance Committee, which shall be composed
of the Borough Administrator, the Borough Construction Official, one representative
from the medical profession and two Borough residents to be appointed by the Mayor.
(1)
The Borough employees shall be permanent members of the ADA Compliance
Committee.
(2) Initially, one member shall be appointed for a term of one year; one member shall
be appointed for a term of two years; and one member shall be appointed for a
term of three years. Thereafter, the members shall be appointed for three-year terms.
6:1
§ 6-3 AMERICANS WITH DISABILITIES ACT COMPLIANCE COMMITTEE
§ 6-5
B. The ADA Compliance Committee shall establish rules and procedures for
hearing complaints, requests or suggestions from disabled persons regarding access to
and participation in public facilities, services, activities and functions in the community.
§ 6-4. Grievance procedure.
Any person aggrieved by an alleged action done in violation of the provisions of the
Americans with Disabilities Act shall be entitled to pursue the following procedures:
A. A complaint regarding access, alleged discrimination or a violation of the ADA shall be
submitted, in writing, to the ADA Coordinator.
B. The complaint shall be filed within 180 days from the date of the alleged discrimination
or violation. The time for filing the complaint may be extended for a period of 30 days
for good cause.
C. The ADA Coordinator shall conduct an investigation and render a written decision within
15 working days of the filing of the complaint. A copy of the decision shall be forwarded
to the complainant.
D. In the event that the complaint cannot be resolved by the ADA Coordinator to the
satisfaction of the complainant, the complaint shall be forwarded to the ADA
Compliance Committee.
E.
After notifying the complainant by certified mail, the ADA Compliance Committee shall
conduct a public hearing, at which time the complainant may voice his objections to the
decision of the ADA Coordinator. The proceedings shall be recorded and the tape of the
proceeding maintained for a period of one year.
F.
In the event that the complainant is not satisfied with the decision of the ADA
Compliance Committee, he or she may appeal the decision to the Borough Council of the
Borough of Butler.
G. The Borough Council of the Borough of Butler shall render its decision within 30 days
of the hearing, which decision shall be final as to administrative remedies available at the
municipal level. Nothing contained herein shall limit or restrict an individual's right to
pursue other remedies. The right of a person to a prompt and equitable resolution of the
complaint filed hereunder shall not be impaired by the person's pursuit of other remedies
such as the filing of an ADA complaint with the responsible federal department or
agency. Use of this grievance procedure is not a prerequisite to the pursuit of other
remedies.
§ 6-5. Maintenance of records.
The ADA Coordinator shall maintain the files and records of all complaints filed and the
hearings held.
6:2
Chapter 7
(RESERVED)
[Former Ch. 7, Assessors, Board of, adopted as Section 2-9 of the Revised General
Ordinances of 1976, was repealed 1-17-1995 by Ord. No. 1994-26.]
7:1
Chapter 9
BOARDS, AGENCIES AND COMMISSIONS
ARTICLE I
Attendance at Meetings
§ 9-1. Absences limited; termination of membership for noncompliance.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 25. Board of Recreation Commissioners — See Ch. 44.
ARTICLE I
Attendance at Meetings
[Adopted 11-1-1982 by Ord. No. 12-82]
§ 9-1. Absences limited; termination of membership for noncompliance.
Any member of any board, agency or commission of the Borough of Butler, who was
appointed to same by either the Mayor, the Mayor with concurrence of the Borough Council,
or the Mayor and Council, who shall be absent for more than 25% of the regularly scheduled
meetings of said board, agency or commission during any calendar year, and whose absence
shall not have been excused by the chairman or president of the said board, agency or
commission, shall be deemed to have failed to perform his duties; and his or her membership
on the said board, agency or commission shall be deemed terminated and vacant; and the
Mayor or the Mayor and Council, as provided by law, may appoint a replacement for the
unexpired term.
9:1
Chapter 10
CASHIER, SUPERVISING
§ 10-1. Establishment.
§ 10-2. Duties.
§ 10-3. Qualifications.
§ 10-4. Appointment.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 3-19-1985 by
Ord. No. 85-5. Amendments noted where applicable.]
§ 10-1. Establishment.
The position of Supervising Cashier is hereby established.
§ 10-2. Duties.
The duties of the position of Supervising Cashier are to supervise and work with a small
group of employees engaged in cashiering and related clerical work.
§ 10-3. Qualifications.
The qualifications for one to be appointed to the position of Supervising Cashier are as
follows:
A. Experience. Four years of experience in the receipt, disbursement, deposit, custody or
other clerical processing of money, one year of which shall have been in a supervisory
capacity.
B. Knowledge.
(1) Thorough knowledge of the problems involved in making and executing plans for
the effective utilization of personnel, equipment, materials, supplies and funds.
(2) Thorough knowledge of the problems, methods and procedures used in preparing
and endorsing checks and drafts, in keeping records of cash receipts and printouts
and in preparing daily balances of accounts and in the establishment and
maintenance of needed records and files.
B. Ability.
(1) Ability to read, write, speak, understand or communicate in English sufficiently to
perform the duties of the position. Communication may include such forms as
American Sign Language or braille.
(2) Ability to analyze, identify and design solutions to cashiering problems.
(3) Ability to motivate, train and work effectively with subordinates who have a
variety of backgrounds and training.
10:1
§ 10-3
CASHIER, SUPERVISING
§ 10-4
(4) Ability to accomplish the quality and quantity of work expected within set limits of cost and
time.
(5) Ability to give suitable assignments to individuals and groups.
(6) Ability to plan own work and carry out assignments effectively.
(7) Ability to communicate with others effectively, both orally and in writing, in working
out solutions to problems or questions relating to work.
(8) Ability to understand and further management goals as these affect day-to-day work
operations.
(9) Ability to develop improvements in or design new work methods and procedures. (10) Ability
to take a leading part in making varied, highly complex arithmetical
computations and in the establishment and maintenance of needed records and
files.
§ 10-4. Appointment.
The position of Supervising Cashier shall be filled by an appointment of the Borough Council
upon the recommendation of the Mayor.
10:2
Chapter 12
CLAIMS
ARTICLE I
Claims, Bills and Vouchers
§ 12-1. Presentation.
§ 12-2. Approval by department head.
§ 12-3. Approval by Administrator.
§ 12-4. Presentation to Mayor and Council.
§ 12-5. Approval or disapproval by Mayor and Council.
§ 12-5.1. Disapproved claims.
§ 12-5.2. Approval of other claims.
ARTICLE II
Method of Approval and Payment
§ 12-6. Certain purchase orders not to be issued.
§ 12-7. Signature required.
§ 12-8. Presentation of claim to chairman; approval; filing.
§ 12-9. Consideration by governing body; disapproval.
§ 12-10. Recording.
§ 12-11. Duty of Administrator to indicate approval.
§ 12-12. Treasurer to prepare checks; recording; distributing.
§ 12-13. Payrolls.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 47.
ARTICLE I
Claims, Bills and Vouchers
[Adopted 6-1-1981 by Ord. No. 10-811 ]
§ 12-1. Presentation.
Any person claiming payment from the Borough of Butler for other than a payroll account
shall present a voucher (as prescribed by the Borough) accompanied by a company bill specifying
material or service provided to the Borough duly certified as supported by a certification and
declaration of the claimant. In the case of reimbursement for actual and necessary traveling
expenses, itemized claims supported by receipts, where available, shall be presented in order to
obtain reimbursement for expenses incurred by local officials where authorized by the Borough.
1. Editor's Note: This ordinance also superseded former Article I, Claims, Bills and Vouchers, adopted as Section 2-8 of
the Revised General Ordinances of 1976.
12:1
§ 12-2 CLAIMS
§ 12-6
§ 12-2. Approval by department head.
Claims shall then be presented to the appropriate department head who shall approve them if he is
satisfied the claims are proper, materials have been received or services were rendered. After such
approval is given, the department head shall file the claims with the Borough Administrator.
§ 12-3. Approval by Administrator.
The Borough Administrator shall approve all vouchers for submission to the Mayor and
Council. The Administrator shall assure all necessary certifications are present, that there are proper
and sufficient appropriations and that there is legal authority for the payments. All approved vouchers
will be submitted to the Mayor and Council in the form of a bill list indicating the company,
purchase order number, amount of voucher, description of service and department charged.
§ 12-4. Presentation to Mayor and Council.
The bill list shall be presented to the Mayor and Council with the agenda material for each regular
meeting.
§ 12-5. Approval or disapproval by Mayor and Council.
The Mayor and Council shall review the presented list and withhold action on any claim, which
is felt to require further study. The Mayor and Council shall authorize the payment of the
remaining claims on the list by passage of a resolution.
§ 12-5.1. Disapproved claims.
Any disapproved claim may be referred back to the Borough Administrator with such instructions as
the Mayor and Council may give at the time of removal from the list.
§ 12-5.2. Approval of other claims.
The Mayor and Council may, by motion at the regular meeting, consider any claims not
included on the supplied list and may authorize payment of such claims by resolution.
ARTICLE II
Method of Approval and Payment
[Adopted 2-20-1979 by Ord. No. 79-2]
§ 12-6. Certain purchase orders not to be issued.
The purchasing agent for the Borough of Butler shall issue no purchase order for services or materials
for which there are no moneys unencumbered in the Borough's municipal budget or the budget for its
utilities at the time said purchase order is issued.
12:2
§ 12-7 CLAIMS § 12-13
§ 12-7. Signature required.
It shall be the duty of the Administrator to see that the signature of the officer or employee,
who has been duly designated by the local unit to certify that the materials have been received
by or the services rendered to the local unit, appears on every claim.
§ 12-8. Presentation of claim to chairman; approval; filing.
Claims shall then be presented to the chairman of the committee responsible for the placing of
the order who, if satisfied the claims are proper, shall approve the same. After such approval
is given, the chairman shall file the claim with the Borough Administrator who shall then
present these claims to the governing body for formal approval at a regular meeting.
§ 12-9. Consideration by governing body; disapproval.
Claims shall be considered by the governing body which shall approve the same, except that
said governing body may reject any claim presented to it stating the reason for such rejection.
Any disapproved claim shall be referred back to the Borough Administrator with such
instructions as the governing body may give at the time of disapproval.
§ 12-10. Recording.
It shall be the duty of the Borough Administrator to record all claims in the official minutes
indicating that the governing body has by formal action approved the same with appropriate
record as to any claims disapproved or rejected.
§ 12-11. Duty of Administrator to indicate approval.
It shall be the duty of the Borough Administrator or such other officer designated by
resolution of the governing body, to indicate on said claims that they have been approved for
payment, with the date of approval thereof noted on the claim.
§ 12-12. Treasurer to prepare checks; recording; distributing.
After the Borough Administrator has certified that the claims have been approved, he shall
turn the same over to the Treasurer who shall forthwith prepare the necessary checks for the
payment thereof, which then said checks shall be signed by the Mayor and the Borough
Administrator and thereafter countersigned by the Treasurer. After preparing checks for the
payment of claims, he shall record them in proper books of account and thereafter mail or
otherwise distribute the checks to claimants.
§ 12-13. Payrolls.
In the case of payrolls, the Treasurer shall prepare the necessary payrolls for all employees,
which payrolls shall be duly certified by the person authorized to certify that the services have
been rendered and the amount specified is in fact due and owing to the employee or
12:3
§ 12-13 CLAIMS
§ 12-13
employees. Said payroll shall then be approved by the department head responsible therefor
and presented to the governing body for approval and, after approval, shall be paid in due
course.
12:4
Chapter 16
COURT, MUNICIPAL
§ 16-1. Establishment.
§ 16-2. Judge.
§ 16-3. Designation of temporary replacement Judge.
§ 16-4. Powers of Municipal Judge.
§ 16-5. Municipal Court Prosecutor.
§ 16-6. Municipal Court Public Defender; application fee.
§ 16-7. Court Administrator; clerical assistance; accommodation; Seal.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 10-13-1992 by
Ord. No. 1992-16.1 Amendments noted where applicable.]
§ 16-1. Establishment.
There is hereby established in and for the Borough of Butler a Municipal Court, pursuant to
N.J.S.A. 2A:8-1 et seq.2 The name of this court shall be the "Municipal Court of the Borough
of Butler in the County of Morris," and it shall have such civil and criminal jurisdiction as
provided by law.
§ 16-2. Judge.
The Municipal Court shall have a Judge who shall have such qualifications as may be
provided by law. The Municipal Judge shall be appointed by the Mayor, with the advice and
consent of the Borough Council, and shall serve for a term of three years from the date of his
or her appointment, until his or her successor is appointed and qualifies. The Judge shall,
before entering upon the duties of his or her office, take and subscribe an oath as provided by
law. His or her salary shall be payable in monthly installments or as the Borough Council
may, from time to time, determine and shall be in lieu of any and all fees and costs.
§ 16-3. Designation of temporary replacement Judge.
Whenever the Municipal Judge shall be unable to sit, he or she may designate any other
Municipal Judge or an attorney at law to sit for him or her temporarily and hold Municipal
Court, provided that any such designation shall be made in writing and shall be filed in the
Court and that such person so designated, while sitting temporarily, shall have all the powers
of the Judge of the Court.
1. Editor's Note: This ordinance superseded former Ch. 16, Court, Municipal, adopted as Section 2-16 of the Revised
General Ordinances of 1976.
2. Editor's Note: N.J.S.A. 2A:8-1 et seq. was repealed by L. 1993, c. 293. See now N.J.S.A. 2B:12-1 et seq.
16:1
§ 16-4 COURT, MUNICIPAL § 16-7
§ 16-4. Powers of Municipal Judge.
The duties, powers and jurisdiction of the Municipal Court and the Judge thereof shall, from
time to time, be prescribed or established by law and the rules of the Supreme Court of New
Jersey and shall at all times be subject to any provisions of law and the rules of the Supreme
Court of New Jersey effecting the duties, powers and jurisdictions of the Court or the Judge
thereof.
§ 16-5. Municipal Court Prosecutor. [Amended 3-18-1997 by Ord. No. 1997-4]
An attorney at law of the State of New Jersey shall be appointed Municipal Court Prosecutor,
under the supervision of the Attorney General or County Prosecutor, who may represent the
state, county or municipality in any matter within the jurisdiction of the Borough of Butler
Municipal Court pursuant to P.L. 1996, c. 95, § 14.3 Municipal Court Prosecutor shall be
appointed by the Mayor, with the advice and consent of the Borough Council, and shall serve
for a term of one year from the date of his or her appointment until his or her successor is
appointed and qualifies.
§ 16-6. Municipal Court Public Defender; application fee. [Amended 9-13-1994 by Ord.
No. 1994-12; 4-21-1998 by Ord. No. 1998-6]
A. An attorney at law of the State of New Jersey shall be appointed to act as Municipal
Court Public Defender. The Municipal Court Public Defender shall be appointed by the
Mayor, with the advice and consent of the Borough Council, and shall serve for a term of
one year from the date of his or her appointment until a successor is appointed and
qualified.
B. A person applying for representation by a Municipal Public Defender shall pay an
application fee of $200. The application fee may be waived by a Municipal Court Judge.
The Municipal Court Judge may allow the fee to be paid over a four-month period where
appropriate. The funds collected as application fees shall be turned over to the Chief
Financial Officer to be deposited in a dedicated fund to cover the costs incurred in
providing a Municipal Public Defender.
§ 16-7. Court Administrator; clerical assistance; accommodation; Seal.
A. The Borough Council may, by resolution, provide for a Court Administrator and such
other necessary clerical and other assistance as it may deem necessary.
B. Accommodations for the Court shall be provided by the Council.
C. A Court Seal as required by law, as well as other necessary supplies, shall be provided
by the Borough Council.
3. Editor's Note: See N.J.S.A. 2B:12-27.
16:2
Chapter 18
Economic Development Committee
REPEALED
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 12-17-2013 by
Ord. No. 2013-19 ; REPEALED 6-18-2024 by Ord. No.
2024-15]
18:1
Chapter 20
FINANCE DEPARTMENT
ARTICLE I
Establishment; Chief Financial Officer
§ 20-1. Establishment of Department; Chief Financial Officer.
§ 20-2. Powers and duties.
§ 20-3. Qualifications.
§ 20-4. Appointment and term.
§ 20-5. Tenure.
§ 20-6. Compensation.
ARTICLE II
Division of Tax Assessments
§ 20-7. Establishment; Borough Tax Assessor.
§ 20-8. Powers and duties of Assessor.
§ 20-9. Qualifications of Assessor.
§ 20-10. Appointment and term of Assessor.
§ 20-11. Tenure of Assessor.
§ 20-12. Compensation of Assessor.
ARTICLE III
Division of Tax Collections
§ 20-13. Establishment; Borough Tax Collector.
§ 20-14. Powers and duties of Collector.
§ 20-15. Qualifications of Collector.
§ 20-16. Appointment and term of Collector.
§ 20-17. Tenure of Collector.
§ 20-18. Compensation of Collector.
§ 20-19. Establishment; Purchasing Agent.
§ 20-20. Powers and Duties.
§ 20-21. Qualifications of Purchasing Agent.
§ 20-22. Appointment and Term of Purchasing Agent.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 4-11-1989 by
Ord. No. 10-89. Amendments noted where applicable.
GENERAL REFERENCES
Claims — See Ch. 12. Taxation — See Ch. 210.
20:1
§ 20-1 BUTLER CODE § 20-6
ARTICLE I
Establishment; Chief Financial Officer
§ 20-1. Establishment of Department; Chief Financial Officer.
There is hereby established the Department of Finance, the head of which shall be the
Chief Financial Officer.
§ 20-2. Powers and duties.
The Chief Financial Officer shall perform all of the duties formerly performed by the
Borough Treasurer and as provided by law and such additional duties as determined by the
Mayor and Council.
20-3.
Qualifications.
Commencing January 1, 1991, no person shall be appointed or reappointed as Chief
Financial Officer unless said person holds a municipal finance officer certificate issued
pursuant to P.L. 1971, c. 413 (N.J.S.A. 40A:9-140.2) or P.L. 1988, c. 110.1 The Chief
Financial Officer need not be a resident of the Borough of Butler.
§ 20-4. Appointment and term.
The Chief Financial Officer shall be appointed by the nomination of the Mayor with
the advice and consent of the Council and shall hold office for a term of one year from
the first day of January next following the appointment. If a vacancy occurs in the position
of Chief Financial Officer, the Mayor and Council may appoint, for a period not to
exceed one year and commencing on the date of the vacancy, a person who does not hold a
municipal finance certificate to serve as Chief Financial Officer. A person so appointed
may be reappointed as Chief Financial Officer following the termination of the temporary
appointment for an additional year; provided, however, that no person shall serve as
temporary Chief Financial Officer for more than two years.
§ 20-5 Tenure.
The Chief Financial Officer shall serve for a period of not less than five consecutive years
to be eligible for tenure and shall thereafter continue to hold office during good behavior and
efficiency as long as that person continues to hold a municipal finance certificate.
§ 20-6. Compensation.
Compensation of the Chief Financial Officer shall be fixed by ordinance.2
20:2
§ 20-7 BUTLER CODE § 20-12
ARTICLE II
Division of Tax Assessments
§ 20-7. Establishment; Borough Tax Assessor.
Within the Department of Finance there shall be a Division of Assessments, the head of which
shall be the Borough Tax Assessor. There may also be a Deputy Borough Tax Assessor as
determined by the Mayor and Council, who shall act under the direct supervision of and assist
the Borough Tax Assessor.
§ 20-8. Powers and duties of Assessor.
The Borough Tax Assessor shall have, perform and discharge all the functions, powers and duties
as provided by law and municipal ordinance and shall perform all duties heretofore exercised by
the Board of Assessors.
§ 20-9. Qualifications of Assessor.
The Borough Tax Assessor and Deputy Borough Tax Assessor shall hold a tax assessor certificate
as provided for in P.L. 1967, c. 44, (N.J.S.A. 54:1-35.25 et seq.). The Borough Tax Assessor and
Deputy Borough Tax Assessor need not be residents of the Borough of Butler.
§ 20-10. Appointment and term of Assessor.
The Borough Tax Assessor and Deputy Borough Tax Assessor shall be appointed by the
nomination of the Mayor with the advice and consent of the Council and shall hold office for a
term of four years from the first day of July next following the appointment. Vacancies other than
due to expiration of term shall be filled by appointment for the unexpired term.
§ 20-11. Tenure of Assessor.
The Borough Tax Assessor, who shall be reappointed to the office upon the completion of one
full term of four years, shall be eligible for tenure and shall thereafter continue to hold office
during good behavior and efficiency as long as that person continues to hold a tax assessor
certificate.
§ 20-12. Compensation of Assessor.
Compensation of the Borough Tax Assessor and Deputy Borough Tax Assessor shall be fixed by
ordinance.3
1. Editor's Note: See N.J.S.A. 40A:9-140.1 et seq.
2. Editor's Note: See Ch. 47, Salaries and Compensation.
20:3
§ 20-13 FINANCE DEPARTMENT § 20-18
ARTICLE III
Division of Tax Collections
§ 20-13. Establishment; Borough Tax Collector.
Within the Department of Finance there shall be a Division of Tax Collections, the head of
which shall be the Borough Tax Collector. There may also be an Assistant Borough Tax Collector
as determined by the Mayor and Council, who shall assist the Borough Tax Collector in
the performance of the duties of that position.
§ 20-14. Powers and duties of Collector.
The Borough Tax Collector shall have, perform and discharge all the functions, powers and duties
as provided by law and municipal ordinance.
§ 20-15. Qualifications of Collector.
The Borough Tax Collector shall have obtained certification as a tax collector from the
Division of Local Government of the State of New Jersey. The Borough Tax Collector and
Assistant Borough Tax Collector need not be residents of the Borough of Butler.
§ 20-16. Appointment and term of Collector.
The Borough Tax Collector and Assistant Borough Tax Collector shall be appointed by the
nomination of Mayor with the advice and consent of the Council and shall hold office for a term
of four years from the first day of January next following the appointment. Vacancies other than
due to expiration of term shall be filled by appointment for the unexpired term.
§ 20-17. Tenure of Collector.
The Borough Tax Collector, who shall be reappointed to the office upon the completion of one
full term of four years, shall be eligible for tenure and shall thereafter continue to hold office
during good behavior as long as that person continues to hold a tax collector certificate.
§ 20-18. Compensation of Collector.
Compensation of the Borough Tax Collector and Assistant Borough Tax Collector shall be fixed
by ordinance.4
3. Editor's Note: See Ch. 47, Salaries and Compensation.
20:4
§ 20-19 BUTLER CODE § 20-22
ARTICLE IV
Establishment; Purchasing Agent
[Added: 6-21-2011 by Ord. No. 2011-11]
§ 20-19. Establishment; Purchasing Agent.
There is hereby created the position of Purchasing Agent for the Borough of Butler.
§ 20-20. Powers and duties
The Purchasing Agent shall have, on behalf of the Mayor and Council of the Borough of
Butler, the authority, responsibility and accountability for the purchasing activity pursuant
to Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.); to prepare public advertising for
and to receive bids and requests for proposals for the provision or performance of goods,
services and construction contracts; to award contracts pursuant to New Jersey law in
accordance with the regulations, forms and procedures promulgated by state regulatory
agencies; and conduct any activities as may be necessary or appropriate to the purchasing
function of the Borough of Butler.
§ 20-21. Qualifications of Purchasing Agent
The Purchasing Agent is required to possess a valid Qualified Purchasing Agent certificate,
as issued by the New Jersey Division of Local Government Services, Department of
Community Affairs.
§ 20-22. Appointment and term of Purchasing Agent
The Purchasing Agent shall be appointed by the Mayor and Council and serve in that position
at the will of the Mayor and Council.
20:5
BOROUGH OF BUTLER
ORDINANCE NO. 2020-17
ORDINANCE AMENDING CHAPTER 21 OF THE REVISED GENERAL ORDINANCES OF
THE BOROUGH OF BUTLER
BE IT ORDAINED by the Mayor and Council of the Borough of Butler, in the County of Morris and
State of New Jersey, as follows:
Section 1. Chapter 21 of the Revised General Ordinances of the Borough of Butler entitled “Fire
Department,” shall be amended to read in its entirety as follows:
Chapter 21
FIRE DEPARTMENT
§ 21-1. Department Structure
§ 21-2. Officers.
§ 21-3. Election and appointment of officers.
§ 21-4. Fire Police
§ 21-5. Vacancies
§ 21-6. Duties of officials.
§ 21-7. Membership
§ 21-8. Standard of efficiency.
§ 21-9. Exemptions.
§ 21-10. Alarms; observance of regulations.
§ 21-11. General provisions.
§ 21-1. Department Structure
The Department shall consist of two (2) Battalions that shall be designated as Engine Battalion #1 and
Ladder-Rescue Battalion #2.
A. Kinney Hose 341 and Bartholdi Hose 342 will be assigned to Battalion #1. Battalion #1
will have a maximum number of persons of 50. There will be 25 persons from Kinney
Hose Company and 25 persons from Bartholdi Hose Company.
B.
Kiel Hook and Ladder 343 and Pequannock Engine and Hose 344 will be assigned to
Battalion #2. Battalion #2 will have the maximum number of persons of 50. There will
be 25 persons from Kiel Hook and Ladder Company and 25 persons from the
Pequannock Engine and Hose Company.
C.
Regardless of a member’s company affiliation, all department members are part of both
battalions. The apparatus makes up the battalions, not the department members. The
fire department will establish an apparatus response guide based on the nature of an
alarm. When a member arrives to the firehouse for an alarm, he/she will board the
apparatus that fits the nature of the alarm.
21:1
§ 21-2 BUTLER CODE § 21-3
D. The Council reserves the right, by resolution, to reduce or increase the number of
persons of any company, provided that no present members of the Fire Department shall
be dropped to reduce a company to the required number.
§ 21-2. Officers.
A. The Department Officers shall consist of a Department Chief, Deputy Chief, and
Battalion Chief. This will make up the Board of Chiefs.
B. The officers of each Battalion shall consist of a Captain and 2 Lieutenants.
(1) Battalion #1 will consist of a captain (Captain 1) and two lieutenants. Captain 1
will supervise Engines 341 and Engine 342. Captain 1 will report back to the
Battalion Chief. Lieutenant 1 will be in charge of Engine 341. Lieutenant 2 will
be in charge of Engine 342.
(2) Battalion #2 will consist of a captain (Captain 2) and two lieutenants. Captain 2
will supervise Tower 343 and Rescue 344. Captain 2 will report back to the
Battalion Chief. Lieutenant 3 will be in charge of Tower 343. Lieutenant 4 will
be in charge of Rescue 344.
C. The Board of Chiefs and the Master Mechanic shall hold a term of office provided
herein and shall be responsible to the Mayor, Council and Borough Administrator in the
performance of their respective duties. The Borough Administrator can suspend a member
of the Board of Chiefs or the Master Mechanic for insubordination, dereliction of duty,
moral turpitude or a criminal act or any act unbecoming of the position held. Upon the
suspension a hearing will take place within 15 days by the Mayor and Council.
§ 21-3. Election and appointment of officers. [Amended: 3-15-2022 by Ord. No. 2022-01]
A. Qualifications for officers. All officers of the Butler Fire Department must meet the
following qualifications:
(1)
Be a resident of the Borough of Butler or a contiguous municipality.
(2)
Be an active member in good standing in the Butler Fire Department.
(3)
Must be a Fire Fighter 2 with the New Jersey Division of Fire Safety Certificate.
(4)
Must be physically able to perform all duties of the rank held.
(5)
Must be a National Incident Management Level 2 with the New Jersey Division of
Fire Safety Certificate.
(6)
Must be able to pass a background check.
(7)
Must be able to pass a driver’s license check.
(8)
Must meet all other applicable Fire Fighter Standards per PEOSH.
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§ 21-3 BUTLER CODE § 21-3
B. Qualifications for Chief. The qualifications for a Chief in the Butler Fire Department
shall be as follows:
(1)
Shall have served in all ranks of officer prior to this rank.
(2)
Must be a National Incident Management Level 2 with the New Jersey Division of Fire
Safety Certificate.
(3)
Must be a Fire Officer Level 1 with a New Jersey Division of Fire Safety Certificate.
(4)
Must be an active member of the Morris County Alliance of Active Fire Chiefs and the
Morris County Fire Chiefs Associations.
(5)
Not hold elected office as Mayor or a Councilman during the term as Chief.
(6)
Must be a resident of the Borough of Butler
C. Qualifications for Deputy Chief. The qualifications for a Deputy Chief in the Butler Fire
Department shall be as follows:
(1)
Shall have served in all ranks as an officer prior to this rank.
(2)
Must be a Fire Officer Level 1 with a New Jersey Division of Fire Safety Certificate.
(3)
Must be a National Incident Management Level 2 with a New Jersey Division of Fire
Safety Certificate.
(4)
Must have the Safety Officer Certificate from a New Jersey Division of Fire Safety
approved training facility.
(5)
Must have Building Construction and Size-Up Certificates from a New Jersey Division
of Fire Safety approved training facility.
(6)
Not hold elected office as Mayor or Councilman during the term as Deputy Chief.
(7) Must be a resident of the Borough of Butler.
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§ 21-3 BUTLER CODE § 21-3
D. Qualifications for Battalion Chief. The qualifications for the Battalion Chief in the Butler
Fire Department shall be as follows:
(1)
Shall have served in all ranks as an officer prior to this rank.
(2)
Must be a Fire Officer Level 1 with a New Jersey Division of Fire Safety Certificate.
(3)
Must be a National Incident Management Level 2 with a New Jersey Division of Fire
Safety Certificate.
(4)
Must have the Safety Officer Certificate from a New Jersey Division of Fire Safety
approved training facility.
(5)
Must have Building Construction and Size-Up Certificates from a New Jersey Division
of Fire Safety approved training facility.
(6)
Not hold elected office as Mayor or Councilman during the term as Battalion Chief.
(7) Must be a resident of the Borough of Butler
E. Board of Chiefs; terms and progression.
(1) The following conditions govern the Board of Chiefs terms:
a) Each Chief of the Board of Chiefs will serve a term of two years at
each rank.
b) The order of progression for the Board of Chiefs will be as follows:
i.
Battalion Chief (3)
ii.
Deputy Chief (2)
iii.
Department Chief (1)
(2) Should a vacancy occur in the Board of Chiefs, the next chief in line will progress
up to the next chief position, to fill the vacancy without regard to the length of time
in rank.
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§ 21-3 BUTLER CODE § 21-3
F. Elections.
(1) The terms of the Board of Chiefs and Battalion officers begins with a
swearing-in performed by the Mayor and Council.
(2) A member wishing to hold a fire officer position within the fire department will
have to have the proper certificates of training as outlined in the current Borough
ordinance and will have met the fire department member efficiency standard for two
consecutive years prior to the election.
(3) For a department member to be eligible to vote he/she must be active and be on
the company rolls for a minimum of 180 days, and maintain a minimum of 50%
attendance at all fire calls, drills and work details.
G. Officer Election Process
(1) APPARATUS LIEUTENANT (Yearly election)
Any member wishing to be an apparatus lieutenant must be nominated and seconded
by a member of the department during the October nomination meeting. This will be
the only time a member can be nominated for an apparatus lieutenant position.
Election will be held yearly at the conclusion of the November general department
meeting. A member may be nominated for multiple apparatus lieutenant positions,
once they have been elected to an apparatus their name will be removed from the
remaining ballots. The order of selection will be as follows: 341, 342, 343, 344.
(2) Battalion Captain (Yearly election)
Any member wishing to be a captain of a battalion must be nominated and seconded
by a member of the department during the October nomination meeting. This will be
the only time a member can be nominated for the captain of a battalion position.
Only members that have completed two years in the apparatus lieutenant position
shall be eligible for a captain of a battalion position. Election will be held yearly at
the conclusion of the November general department meeting. A member may be
nominated for either captain of battalion position, once they have been elected to a
battalion, their name will be removed from the remaining ballots. The order of
selection will be as follows: Battalion 1, Battalion 2.
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§ 21-3 BUTLER CODE § 21-4
(3) BATTALION CHIEF
Any member wishing to be a Battalion chief must be nominated and seconded
by a member of the department during the October nomination meeting. This
will be the only time a member can be nominated for the Battalion chief
position. Only members that have completed two years in the battalion captain
position shall be eligible for the battalion chief position. Election will be held
every two years (in conjunction with the chief rotation) at the conclusion of the
November general department meeting.
(4) DEPUTY CHIEF
Will be promoted from the Battalion chief position. 2-year term (in
conjunction with the chief rotation)
(5) DEPARTMENT CHIEF
Will be promoted from the deputy chief position. 2 year term. (In conjunction
with the chief rotation).
H. All fire officer elections, when required, shall be conducted no later than November 30th
or within 30 days upon the resignation or removal of the person holding the fire officer
position.
§ 21-4. Fire Police
A. Before January 1 of each year, the Department will compile a list active exempt members
who wish to be known as “Fire Police.” The Secretary of the Department shall report the
names of those members to the Mayor and Council for appointment. Each Fire Police so
appointed shall be properly sworn in and given status as will enable him or her to perform
the duties and have the powers of police officers at any fire emergency at which the
Butler Fire Department is called upon to act.
B. The Fire Police shall hold a meeting as soon as possible in the month of January to elect a
Chief and an Assistant Chief of Fire Police.
C. Fire Police shall, at all times, be subject to the orders of the Chief of the Butler Fire
Department or such officer acting in his or her place and shall report, at each fire, to the
Chief of the Butler Fire Department or such officer acting in his or her place, for proper
instructions as to duties of the respective Fire Police.
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§ 21-5 BUTLER CODE § 21-5
§ 21-5. Vacancies.
(1) In the event of a vacancy in the rank of Department Chief or Deputy Chief the
next ranking officer will be promoted to that said rank. If the vacancy occurs in
the Battalion Chief position an election shall be held within 30 day to elect a new
Battalion Chief. The time each serves in there new rank will not count towards
their normal two-year term.
(2) In the event of a vacancy at Captain or Lieutenant in any battalion the
Department will hold an election within 30 days to fill the vacant rank.
(3) REMOVAL OF A LINE OFFICER (Lieutenant-Captain)
a. A line officer may be removed from their position for the following
reasons; Be in violation of any part Borough Ordinance, current Borough
Employee Handbook, Fire Department By-Laws or Fire Department
Standard Operating Procedures/Standard Operating Guidelines.
b. If at any point during their term, the department president receives a
written complaint detailing the reason for termination, signed by three
members in good standing of the department, the president shall hold a
special meeting. At said meeting, if 75% of the quorum votes in an
affirmative action to remove that officer, that officer shall be removed.
The removed officer will have the opportunity to appeal their removal
within 15 calendar days of the vote to remove them. The appeal process
will be heard by the board of Ex Chiefs. If the board of ex chiefs up holds
the removal, the department president shall call for special election within
30 calendar days of the appeal. The election will follow the same criteria
of the original election process.
(4) REMOVAL OF A CHIEF OFFICER
a. A chief officer may be removed from their position for the following
reasons; Be in violation of any part Borough Ordinance, current Borough
Employee Handbook, Fire Department By-Laws or Fire Department
SOP/SOG’s.
b. At any point during their term, the department president receives a
written complaint describing the reason for termination signed by three
members in good standings of the department, the president shall hold a
special meeting.
21:7
§ 21-5 BUTLER CODE § 21-6
c. At said meeting, if 75% of quorum votes in an affirmative action to
remove that officer, the president of the department shall request that the
Borough of Butler Public Safety Committee take action to remove said
chief. The removed officer will have the opportunity to appeal their
removal within 15 calendar days of the vote to remove them. The appeal
process will be heard by the Mayor and council. If the Mayor and council
up holds the removal, the remaining chiefs will be promoted to the next
level. The department president shall call for special election within 30
calendar days of the appeal to select a new battalion chief. At the same
election the department president shall hold an election to replace any
vacated line officer position that was vacated by electing a new Battalion
Chief. The election will follow the same criteria of the original election
process.
§ 21-6. Duties of Officers.
A. Duties of the Chief. The Chief shall be the commanding officer at all times. They shall be
in command of the department whether at a fire, at an alarm of fire or at a drill and shall
command the operations of the members in the performance of their duties and enforce
the rules of the department and any ordinances of the Borough bearing on the Fire
Department. In addition, they shall have the following duties.
They shall:
(1) Be responsible to the Mayor and Council for all Borough fire equipment and the
training of personnel.
(2) Make recommendations for apparatus or equipment needed to the Mayor and
Council based upon the recommendations from the Battalion Captain and Board
of Chiefs.
(3) Be responsible for developing the annual operating and capital improvement
budgets and presenting same to the Public Safety Committee.
(4) Communicate to the department at the department meetings or through the
Battalion officers, Borough matters affecting the fire department.
(5) Recommend to the council such additions, alterations, or repairs to the property
of the department as they may deemed necessary for the safe efficiency of
operations.
(6) They shall also file with the Council the printed form adopted for such purpose of
any fire occurring, and this report shall be presented at the monthly meeting
following occurrence of such fire.
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§ 21-6 BUTLER CODE § 21-6
(7) Have full authority to suspend any member of the Fire Department for just cause
without first going to the members of the Fire Department and asking for their
recommendation to do so. Such member so suspended, however, shall have the
right to appeal the decision of the Chief of the Butler Fire Department to a
committee comprised of at least five past chiefs present to constitute a quorum.
Such members shall have the right to appeal a decision made by this committee to
the Public Safety Committee of the Butler Borough Council within 15 days of the
Former Chiefs Committee.
(8) Upon approval of the Public Safety Committee of the Council, make sure
temporary or urgent repairs or alterations as are necessary and which cannot wait
for the approval of the Council at its next meeting are made.
(9) Be responsible for conducting a minimum of 6 Board of Chiefs meetings
throughout the year to discuss administrative and policy issues and to prepare the
annual operating and capital improvement budgets.
(10) Be responsible for conducting a monthly officer’s meeting to discuss the fire-
matic and administrative issues of the Fire Department.
(11) They will file with the Administrator, Mayor and Council the activities and the
attendance of fires, alarms, drills and work details monthly. The Master
Mechanic’s report of weekly inspections will also be submitted monthly to the
Administrator, Mayor and Council.
B. Duties of the Deputy Chief are as follows:
(1) The Deputy Chief shall see that the orders of the Chief be promptly and
thoroughly executed. The Deputy Chief will report to the Chief during
emergencies and will assume the position given by the Chief.
(2) The Deputy Chief shall take command in the absence of the Department Chief
and assume the same responsibility.
(3) The Deputy Chief will be responsible for participating in all functions of the
duties of Department Chief as part of his preparation for obtaining the position of
Chief.
(4) The Deputy Chief will be in charge of all purchasing and budget expenditures.
The Deputy Chief will obtain the Department Chief’s approval before making any
purchases.
(5) The Deputy Chief will assist the Chief in preparing the annual operating and
capital improvement budgets.
21:9
§ 21-6 BUTLER CODE § 21-6
C. Duties of the Battalion Chief are as follows:
(1) The Battalion Chief shall keep an accurate record of fire, drill, and training man
hours spent for the monthly and the annual reports.
(2) The Battalion Chief will arrange for the training and drills of the fire department.
(3) The Battalion Chief will assist the Chief in preparing the annual operating and
capital improvement budget.
(4) The Battalion Chief will be responsible for reporting to the Master Mechanic all
repairs that are needed for the apparatuses.
D. Duties of Battalion Captains are as follows:
(1) The Captain of each battalion, under the supreme control of the Chief, will have
supervision over their assigned apparatus at all times. He/she shall, under the
same supervision, direct the operation of the members of the department in the
performance of their duties and enforce the rules of the Department in accordance
with the laws adopted by the Council. Upon returning to headquarters, he/she
shall see that the roll is called, absentees noted and a written report of such
promptly submitted to the Chief. He/she shall report to the Incident command at
all fires or alarms of fires, using the form adopted for that purpose.
(2) He/she shall report all needed repairs to the Battalion Chief but shall have no
power to alter any of the apparatus without the permission of the Battalion Chief.
At a fire, the position of the Captain shall be at the origin of the fire directing the
members.
(3) Together both Captains, with the help of the four Lieutenants, will be responsible
for planning the monthly department drills.
E. Duties of Lieutenants are as follows:
(1) The Lieutenant of each apparatus shall be the assistant to the Battalion Captain
and shall be under his/her command. The Apparatus Lieutenant shall be in
command of the apparatus. He/she shall see that the apparatus is safely returned
to the Fire Department headquarters, that nothing has been lost or mislaid while
responding to an alarm and that nothing has been taken from the apparatus while
at headquarters. He/she shall report to their Battalion Captain all those who fail to
respond when called upon to clean apparatus or turn out for drill practice. He/she
shall see that the apparatus is clean and in order, and is ready for the alarm.
(2) Assist captains with planning the monthly department drills.
21:10
§ 21-6 BUTLER CODE § 21-7
F. Duties of Master Mechanic are as follows:
It shall be the duty of the Master Mechanic to make weekly inspections of each apparatus and
to make a monthly written report to the Chief and to keep the apparatus in perfect running
condition. The Master Mechanic shall be responsible for the condition of the apparatus. No fire
fighter is permitted to make any adjustments on any apparatus without the permission of the
Master Mechanic. For these services he shall receive a sum as may be hereafter determined by
resolution.
G. Driver Qualification For Apparatuses
(1) Any member wanting to get qualified to drive fire department apparatuses shall
follow the current SOGs and SOPs pertaining to driver training.
(2) Once the member completes the driver training requirements, the board of chiefs
will perform a road test for the trainee.
§ 21-7. Membership. . [Amended: 3-15-2022 by Ord. No. 2022-01]
A. Qualifications for membership in the Butler Fire Department shall be as follows:
(1) Each applicant shall be a United States citizen and a resident of the Borough of Butler
for at least 6 months, be a current member of a fire department of a contiguous
municipality, or be a municipal employee holding a FFI certificate.
(2) Each Applicant must be able to pass a background check.
(3) Each applicant must pass a physical exam administered by the Department Doctor.
(4) Nonresident membership – in the event that a member of the Fire Department shall
move and no longer reside within the Borough, but lives or works within a five-mile
radius of the Borough, the member may retain membership in the Fire Department upon
recommendation of the Fire Chief and approval of the Mayor and Council.
(5) Must have a valid New Jersey driver’s license. If a member’s driver’s license is
revoked or suspended, the member will report it to the Chief within 24 hours.
(6) Any member of the Butler Fire Department that moves outside of Butler must report it
to the Department Chief with 5 days of their move. Failure to do so may result in
disciplinary action.
B. The department secretary shall submit a notice to the Borough Clerk which includes
the company’s social members, the names of its social officers and the dates of its regular
organization meetings.
C. The Butler Fire Department shall establish a Membership Committee consisting of four (4)
members made up of members with in the Department. This Committee shall establish
objective qualifications for membership according to the requirements of this ordinance. Their
sole responsibility shall be to evaluate applications and determine if the membership criteria
has been met. It shall, within 60 days of receipt of an application, make a report to the Chief
as to whether or not the applicant qualifies for membership. Its decision shall be binding.
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§ 21-7 BUTLER CODE § 21-7
D. Any individual seeking membership in the Butler Fire Department shall fill out an
application for membership available from the Borough Clerk. This application shall be
delivered to the Chairperson of the Department Membership Committee as defined in 21-
7(C). The membership committee shall evaluate the application and report the outcome to
the Department Chief.
E. Chairperson of the Department Membership Committee or other officer designated to
receive applications shall date each application with the time of receipt and shall number
the application according to its order of receipt relative to other applications.
F. Attendance Requirements
(1) Every active firefighter must attend an average of one drill per month and maintain a
minimum quarterly fire call percentage of 50%. Percentage will be calculated by the
number of alarms, drills, and work details. Annually the Board of Chiefs will give the
Mayor and Council a list of work details which will be approved by the Mayor and
Council. Every active firefighter shall also complete all mandatory training and testing, at
the beginning of every year, as prescribed by the Fire Department Policies and Procedures
and PEOSH Standards within the first quarter of each year. A record shall be kept of such
attendance, and it is the duty of the Chief of the Fire Department to report it to the
Borough Council monthly.
(2) Upon written notice to the board of Chiefs the requirements of this section shall be
temporarily suspended for any firefighter who:
a. Is enrolled as a student in a university, college or any educational institution which
requires the firefighter to temporarily reside outside the Borough of Butler, provided that
the firefighter maintains a residence in the Borough of Butler during said absence. This
exemption does not apply during school breaks or recesses. This exemption shall
terminate upon successful completions, graduation and/or termination from said
educational institution. However, at no time will any firefighter under this section be
authorized to respond to any fire call until he/she has completed the requirements of all
mandatory testing and training as prescribed by the Fire Department Policies.
b. Is employed full time by a company or business which obligates the firefighter to reside
outside the State of New Jersey for an indeterminate period of time, provided the
firefighter maintains a residence in the Borough of Butler during said absence. This
exemption shall expire upon the firefighter’s cessation of employment. However, at no
time will said firefighter be authorized to respond to any fire call until he/she has
completed the requirements of all mandatory testing and training as prescribed by the Fire
Department Policies.
21:12
§ 21-8 BUTLER CODE § 21-8
§ 21-8. Levels of Membership and Standards of Efficiency.
The standards of efficiency for members of the Butler Fire Department shall be based upon
the level of membership. The following levels of membership in the Butler Fire Department
and the standards of efficiency for each level shall be as follows:
A. Member in Good Standing
(1) The standard of efficiency in order to qualify as a member in good standing shall
be as follows:
a. Participation in at least 50% of all department functions in accordance
with 21-7F.
b. Adherence to all rules/regulations/policies of the fire department.
c. Compliance with all training requirements of the Butler Fire Department.
(2) Privileges of a member in good standing:
a. Voting privileges.
b. Accidental insurance, life insurance and workers compensation insurance
shall be provided by the Borough of Butler to these members.
B. Member in Good Standing/On Leave
(1) The qualification standards for membership in good standing/on leave and the
limitations to this membership shall be as follows:
a. Membership in good standing/on leave is reserved for a member that has
expressed to the Department Fire Chief a difficulty in satisfying the
criteria of a member in good standing. He/she does not want to be
removed from the department roster, but has expressed a need to be
inactive for a specified period of time due to personal reasons, medical
need, or work or school commitments.
b. In no case shall the member in good standing/on leave be on leave for a
continuous period of more than one year.
c. The member shall be in compliance with all training requirements of the
Butler Fire Department upon return from leave.
d. Any member that has been placed on approved leave from active duty for
medical reasons shall be required to provide a release from a medical
doctor certifying that the member is able to return to active duty. Any
member that is out on approved leave from active duty for medical reason
will be assigned to light duty status unless otherwise directed in writing by
their doctor.
e. The request for leave shall be submitted with a recommendation of the
Department Chief to the Public Safety Committee. The Public Safety
Committee shall review the request and notify the Department Chief of
its decision.
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§ 21-8 BUTLER CODE § 21-8
(2) The standard of efficiency in order to qualify as member in good standing/on
leave shall be as follows:
a. Adherence to all rules/regulations/policies of the fire department.
b. Specific requirements (if any) outlined under the approved leave shall be
met.
(3) A member in good standing/on leave shall be entitled to the following:
a. Voting privileges.
b. Accidental insurance, life insurance and workers compensation insurance
shall be provided by the Borough of Butler to these members.
C. Auxiliary Members
(1). Auxiliary members shall adhere to the requirements and standards as listed in Chapter 21
Fire Department of the Borough of Butler Municipal Codes, with the following exception:
Auxiliary Members are prohibited from entering an IDLH environment as described by OSHA
standard 29 CFR 1910.134.
(2) Auxiliary Members shall be easily identifiably at the scene.
(3) The auxiliary member level of membership will be limited by ordinance to 4 four members
(one members per company), for the year starting 2024. At the discretion of the fire department
starting in 2025, the auxiliary membership may increase by 4 more members, for a total of eight
members (two members per company).
(4) The standard of efficiency in order to qualify as an Auxiliary member shall be as follows:
a. Participation in at least 50% of all department functions in accordance with 21-7F.
b. Adherence to all rules/regulations/policies of the fire department.
c. Compliance with all training requirements of the Butler Fire Department pertaining to
Auxiliary Members.
(5) Privileges of an Auxiliary member:
a. Voting privileges.
b. Accidental insurance, life insurance, and workers compensation insurance shall be
provided by the Borough of Butler to these members.
D. Conditional Membership
(1) The qualification standards for conditional membership and the limitations to this
membership shall be as follows:
a. This status is for members that do not meet the requirements of a member in good
standing or a member in good standing/on leave.
b. Members remaining in the Conditional membership category for twelve consecutive
months will be removed from the roles of the Butler Fire Department.
(2) The privileges for a conditional member shall be limited as follows:
a. Life insurance and workers compensation insurance shall be provided by the Borough
of Butler to these members.
b. These members are not eligible to run for office in the fire department.
c. Conditional members have no voting rights.
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§ 21-8 BUTLER CODE § 21-10
E. Associate Membership
(1) The qualification standards for associate membership and the limitations to this membership
shall be as follows:
a. A retired or disabled member, who so wishes, will be considered for an Associate
Membership. The request for Associate member status shall be submitted with a
recommendation of the Department Chief to the Public Safety Committee. The Public
Safety Committee shall review the request and notify the Department Chief of its
decision.
(2) The privileges for an associate member shall be limited as follows:
a. Associate members that have provided twenty-five (25) years of service in good
standing to the Butler Fire Department shall remain eligible for the Life insurance
benefit offered to the active members of the Butler Fire Department.
b. Associate members have no voting rights.
F.
Reviews of member efficiency shall be performed by the Department Chief every month as a
minimum. Results shall be submitted to the Mayor and Council quarterly. In addition, all
candidates seeking election to an officer’s position in the fire department shall be reviewed
prior to the election. Results of candidates seeking election to an office in the fire department
shall be presented to the Mayor and Council one month prior to the election.
G.
During the first 12 months of membership, all new members shall complete a Fire Fighter One
Class as outlined in the NJ Administrative Code.
§ 21-9. Exemptions.
Exemption papers shall be issued in accordance with N.J.S.A. 40A:14-59.
§ 21-10. Alarms; observance of regulations.
A. All active members shall perform the duties set them by the Chief and as ordered by the
Captain and or Lieutenant of the apparatus.
B. Each member shall, at each alarm of fire, report with all expedition to the firehouse. All
members are required to respond to the firehouses to staff apparatus until all apparatus
have been manned and are on the road. Officers may stop at the scene of the alarm if it is
on their way to the firehouse and no higher-ranking officer has established command at
the scene. In all cases where a firefighter has reported to the scene rather than the
firehouse, he or she shall immediately report to his or her superior.
C. At an alarm of fire, no member shall leave his or her post of duty unless so ordered by his
or her superior officer.
D. The first member of the department arriving at the station after an alarm of fire shall be in
command of the department and shall act in that capacity until the arrival of his or her
superior officer.
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§ 21-10 BUTLER CODE § 21-11
E. In the case of a number of active members arriving at headquarters without any officers
present, the member with the most years of service to the department shall take command
aforesaid.
F. After an alarm of fire, every member shall be expected to return with the apparatus and
shall not leave the headquarters until the roll has been called by the officer in charge and
dismissal given.
G. Members may be excused from returning to headquarters by obtaining permission from
the officer in charge of the scene.
H. Under no condition shall a firefighter leave the apparatus or any position in which he or
she may have been placed while on duty without the permission of the officer in
command, except in case of emergency. Any member failing to obey orders or bringing
and/or consuming alcoholic beverage at a fire or otherwise while on duty shall, if found
guilty by the Chief of the Butler Fire Department, be suspended for a period of not less
than thirty (30) days.
I. No property of the Fire Department shall be taken outside the corporate limits of the
borough without permission of the Council, except as hereinafter provided. Upon
receiving a call for help from any of the adjoining communities, the Chief, in his or her
discretion, shall select such apparatus as he or she may deem necessary to go to the aid of
such communities, but in no instance shall the chief allow the borough to be without
competent fire protection, nor shall he or she allow the fire apparatus to be endangered in
any way by giving such aid. Apparatus wishing to participate in festivities outside the
borough shall receive permission from the Department Chief.
§ 21-11. General provisions.
A. All active members of the department shall be expected to perform the duties prescribed
to them by the officer in charge.
B.
Only games of chance with proper permits in place shall be held in the firehouses. All
others shall be forbidden under penalty of expulsion.
C.
Each social company shall be authorized to adopt bylaws, rules and regulations for the
conduct of such company and the discipline of its members as shall be consistent with
any of the provisions of this chapter. Each social company has provided a current copy
of its bylaws, rules, and regulations to the Borough Clerk. All amendments to the
bylaws, rules and regulations shall be filed with the Borough Clerk within ten (10) days
of adoption.
D. Each member of the Department shall be supplied with a printed copy of this chapter.
Each member shall sign a receipt indicating they have received a copy of this chapter.
.
21:16
Chapter 25
HEALTH, BOARD OF
§ 25-1. Establishment; membership.
§ 25-3. Meetings.
§ 25-2. Powers and duties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section
2-17 of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 47. Board of Health legislation — See Part III of this Code.
§ 25-1. Establishment; membership.
There shall be a Board of Health in the Borough of Butler which shall consist of five
members. The members of the Board of Health who shall be residents and legal voters within
the Borough shall be appointed by the Mayor with the advice and consent of the Borough Council.
Members shall be appointed for a term of five years, except that of the members first appointed
two shall hold office for one year, two for two years and one for three years. Appointments to fill
vacancies shall be made in the same manner as original appointments, and all such
appointments shall be for the unexpired term only.
§ 25-2. Powers and duties.
The Board of Health shall have the power and authority to adopt ordinances relating to the
protection of the health of Borough residents, shall employ necessary personnel and fix their
salaries and shall have under its jurisdiction the Bureau of Vital Statistics of the Borough, the
Health Officer and such other employees as are necessary to carry out its duties. The Board of
Health shall have all of the jurisdiction conferred upon boards of health by N.J.S.A. 26:1-1 et seq.
§ 25-3. Meetings.
The members of the Board shall meet at the Council rooms within 10 days of their
appointments for the purpose of organization and the transaction of business.
25:1
Chapter 30
LIBRARY
ARTICLE I
Trustees of the Free Public Library
§ 30-1. Establishment.
§ 30-2. Membership; terms; alternates.
§ 30-3. Powers and duties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
ARTICLE I
Trustees of the Free Public Library
[Adopted 3-14-1989 by Ord. No. 11-89]
§ 30-1. Establishment.
The free public library of the Borough of Butler under the management of a Board of Trustees
was created by referendum on November 8, 1986, effective January 3, 1989.
§ 30-2. Membership; terms; alternates.
The Board of Trustees of the Free Public Library of the Borough of Butler heretofore
established in the Borough shall continue, and the present members thereof shall continue
until their respective terms expire. The Board of Trustees shall consist of seven members, one
of whom shall be the Mayor and one of whom shall be the Superintendent of Schools. The
other five members shall be appointed by the Mayor with the consent of the governing body,
and at least four of the five citizen members must reside within the Borough. The initial
appointments shall be for terms of one, two, three, four and five years, respectively, as they
may be selected by the Mayor. Upon the expiration of the term of office of any Trustee, the Mayor
shall appoint a citizen for a term of five years in the same manner as the original appointment
was made. Vacancies occurring in the Board of Trustees shall be filled for the unexpired term
only, in the same manner as the original appointments are made. The Mayor and Superintendent
may, respectively, appoint an alternate to act in his place and stead with authority to attend
the meetings and vote on matters before the Board.
§ 30-3. Powers and duties.
The Board of Trustees of the Free Public Library of the Borough of Butler shall:
A. Hold in trust and manage all property of the library.
B. Rent rooms or, when proper, construct buildings for the use of the library.
C. Purchase books, pamphlets, documents, papers and other reading matter.
30:1
§ 30-3
BUTLER CODE
§ 30-3
D. Hire librarians and other necessary personnel and fix their compensation.
E. Make proper rules and regulations for the government of the library.
F. Generally do all things necessary and proper for the establishment and maintenance of a
free public library within the Borough.
G. The Board of Trustees shall annually make a report of its transactions, accounts and the
state and condition of the library to the Council.
30:2
Chapter 33
MUSEUM AND HISTORICAL COMMITTEE
§ 33-1. Creation.
§ 33-2. Powers and duties.
§ 33-3. Membership; terms; compensation.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 12-16-1997 by
Ord. No. 1997-27; Amended 7-16-2019 by Ord. No. 2019-14. Amended 4-24-2024 by Ord.
No. 2024-04. Amendments noted where applicable.]
§ 33-1. Creation.
There is hereby created an advisory committee to be known as the "Butler Museum and
Historical Committee."
§ 33-2. Powers and duties.
The mission of the Museum and Historical Committee shall be to advise the Mayor and
Borough Council regarding the operation of the Butler Museum and issues related to the
history of the Borough of Butler.
§ 33-3. Membership; terms; compensation.
A. The Butler Museum and Historical Committee shall be comprised of up to fifteen (15)
members to be appointed by the Mayor with the advice and consent of the Council. The
Committee may provide for mandatory membership obligations and may allow up to four
of its members to serve in a reserve or temporarily inactive capacity under appropriate
circumstances to be established by Committee rules. The quorum for conducting
Committee business may be established by Committee rules.
B. The terms of office of the first members shall be for one, two or three years to be
designated by the Mayor in making his appointments so that the terms of approximately
1/3 of the members will expire each year, and their successors shall be appointed for
terms of three years and until the appointment and qualification of their successors.
C. The members shall serve without compensation.
33:1
Chapter 36
OFFICERS AND EMPLOYEES
ARTICLE I
Defense and Indemnification
§ 36-1. Definitions.
§ 36-2. Defense of actions.
§ 36-2.1. Exceptions.
§ 36-2.2. Methods of providing defense.
§ 36-3. Reimbursement.
§ 36-3.1. Indemnification.
ARTICLE II
Discipline
§ 36-4.
Definitions.
§ 36-5.
Employees subject to discipline.
§ 36-6.
Imposition of discipline.
§ 36-7.
Procedure.
§ 36-8.
Appeals.
ARTICLE III
Residency
§ 36-9.
Domicile and residency requirements.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Interference with Borough officials — See Ch. 85.
Salaries and compensation — See Ch. 47.
ARTICLE I
Defense and Indemnification
[Adopted 4-10-1990 by Ord. No. 1990-81 ]
§ 36-1. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
EMPLOYEE — Includes any officer or employee, whether or not compensated, or part-time
individual member of appointed boards and committees and elected officials, who are
authorized to perform any act or service; provided, however, that the term does not include an
independent contractor.
PUBLIC EMPLOYEE — Any employee or former employee of the Borough.
1. Editor's Note: This ordinance also repealed former Art. I, Defense and Indemnification, adopted 8-18-1981 by Ord.
No. 14-81.
36:1
§ 36-2 BUTLER CODE § 36-2.2
§ 36-2. Defense of actions.
The Borough shall provide for the defense of any civil or criminal action brought against a
public employee for any act directly related to the lawful exercise of official authority in the
furtherance of his or her official duties, and this obligation shall extend to any cross-action,
counterclaims or cross-complaint against such employee.
§ 36-2.1. Exceptions.
The provisions of § 36-2 shall not be applicable when the Borough Council determines that:
A. The act or omission was not directly related to the lawful exercise of official authority in
the furtherance of his or her official duties.
B. The act or failure to act was because of actual fraud, willful misconduct or actual malice.
C. The defense of the action or proceeding is provided for by an insurance policy or
policies, whether obtained by the Borough or by any other person.
D. The public employee failed to deliver to the Borough Clerk, within 10 calendar days
after the time he or she was served with the summons, complaint, process, notice,
demand or pleading, the original or a copy of the same.
E. The public employee has failed to cooperate fully with the defense.
F. The action is a disciplinary proceeding instituted against the employee by the Borough or
is a criminal proceeding instituted as a result of a complaint on behalf of the Borough. If,
however, any such disciplinary or criminal proceeding instituted by or on behalf of the
Borough is dismissed or finally determined in favor of the employee, the employee shall
be reimbursed for the expense of his or her defense.
§ 36-2.2. Methods of providing defense.
The Borough may provide any defense required of it under this Article through the Borough
Attorney or through the retention of another attorney. The cost of retention of an outside
attorney shall be provided when the defense of the action or proceeding creates a conflict of
interest between the Borough and the public employee.
A. When the Borough provides any defense required of it under this Article through the
Borough Attorney, the Borough may assume exclusive control over the representation of
the public employee, and such employee shall cooperate fully with the defense.
B. The Borough Council may approve the retention of an outside attorney in accordance
with the following conditions:
(1) The employee does not have the right to an attorney of his or her choice at
Borough expense. However, the Borough Council may approve of an attorney
requested by the employee.
(2) The attorney retained by the Borough shall provide a written retainer agreement
and shall submit an affidavit of services rendered prior to payment.
36:2
§ 36-2.2
OFFICERS AND EMPLOYEES
§ 36-3.1
(1) Nothing in this section shall prevent an employee from retaining an attorney of the
employee's choice at his or her own expense, without reimbursement from the Borough.
A. Borough Attorney responsibilities; possible conflicts.
(1) When the outside attorney is retained, the Borough Attorney shall be directly
involved with the public employee's attorney concerning any recommendation for
settlement of a civil lawsuit. The Borough Attorney shall then present any
recommendation of settlement, which must be in the best interest of the Borough, to
the Borough Council for its approval.
(2) Where a possible conflict exists between the Borough and the public employee,
acting within the scope of his official Borough duties, and where both are named as
parties in the same civil lawsuit, the Borough Attorney may decline any involvement in
the matter.
(3) In circumstances involving litigation or other legal proceedings between two public
employees qualifying for the privileges granted herein, the Borough Attorney will
not be required to represent or otherwise participate on behalf of either party.
§ 36-3. Reimbursement.
A. Where the employee is not provided with a defense as a result of a determination that the
exceptions set out in Subsection A, B or F of § 36-2.1 are applicable, the employee shall be
entitled to reimbursement of legal expenses when:
(1)
The legal action is dismissed or finally determined in favor of the employee; and
(2)
The Borough Council is notified within 30 days of the termination of the
proceeding and a signed attorney's affidavit of service is provided.
B. The Borough will reimburse only an amount the Borough Council determines to be reasonable,
even if the attorney fees to be paid by the employee are greater than that amount. The
Borough, under no circumstance, will be liable to the private attorney; rather, the
Borough will directly reimburse the employee.
§ 36-3.1. Indemnification.
A. In any case where the Borough is required to provide a defense or where the employee is
entitled to defense reimbursement under this Article, the Borough shall pay or shall reimburse
the public employee for:
(1) Any bona fide settlement agreements entered into by the employee, provided that the
procedures set out in this Article have been complied with.
(2) Any judgments entered against the employee.
B. In addition, in any case where the Borough would be required to provide a defense under this
Article, except for the fact that such defense is provided for by insurance, the
36:3
§ 36-3.1 BUTLER CODE § 36-5
Borough shall provide indemnification as aforesaid, but only to the extent not covered by
insurance. Nothing in this Article shall authorize the Borough to pay for punitive or
exemplary damages or damages resulting from the commission of a crime, except the
Borough may indemnify an employee for exemplary or punitive damages resulting from
the employee's civil violation of state or federal law, if, in the opinion of the Borough
Council, the acts committed by the employee upon which the damages are based did not
constitute actual fraud, actual malice, willful misconduct or intentional wrong.
ARTICLE II
Discipline
[Adopted 3-13-1990 by Ord. No. 1990-7]
§ 36-4. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
DEPARTMENT SUPERVISOR —
The individual charged with the supervision and
monitoring of all activities and employees within a given department.
EMPLOYEE — A person appointed to a permanent position created within a specific
department or position created by the Borough.
MAJOR DISCIPLINARY ACTION — Includes:
A. Removal.
B. Disciplinary action.
C. Suspension or fine for more than five working days at any one time.
D. Suspension or fine for five working days or fewer where the aggregate number of days
suspended or fined in any one calendar year is 15 working days or more.
E. The last suspension or fine where an employee receives more than three suspensions or fines of
five working days or fewer in a calendar year.
MINOR DISCIPLINARY ACTION — Includes:
A. A formal written reprimand.
B. A suspension or fine of five working days or fewer.
§ 36-5. Employees subject to discipline.
Any employee who shall violate any statute of the State of New Jersey or any ordinance, rule or
regulation promulgated by the Borough of Butler regulating the performance and conduct of
Borough employees; or who shall be charged with an act of insubordination; or who shall otherwise
act in a manner inconsistent with that becoming a Borough employee, whether committed on or
off duty, shall be subject to the procedures herein established for the
36:4
§ 36-5
OFFICERS AND EMPLOYEES
§ 36-8
discipline, suspension and termination of Borough employees. Disciplinary action in all cases
will be decided on the merits of each case.
§ 36-6. Imposition of discipline.
A. No discipline shall be imposed on an employee, except through the procedures set out in
this Article, except that nothing contained in this Article shall preclude an immediate
suspension pursuant to N.J.S.A. 11A:2-13.
B. No discipline shall be imposed until such time as all hearings and appeals to which the
employee is entitled under this Article or state law have been concluded.
§ 36-7. Procedure.
A. Before any disciplinary action is taken against an employee, the department supervisor of the
employee shall notify the employee in writing of the charges against him.
B. Every employee is entitled to a hearing prior to the imposition of disciplinary action.
(1) The hearing officer shall be the department supervisor or another person
designated by the Borough Administrator.
(3) The hearing shall be held within 30 days from the date the employee is given
notice, unless the employee and the hearing officer agree to an adjournment.
(4) The hearing shall be informal in nature. The procedure used shall be within the discretion
of the hearing officer. The employee may be represented by an attorney or authorized
union representative.
(4) The hearing officer shall render a decision within 20 days after the hearing and shall
furnish the employee with written notice of the decision.
§ 36-8. Appeals.
A. Appeals of major disciplinary action are to the Merit System Board pursuant to N.J.S.A.
11A:2-14 et seq.
B. An employee subject to minor disciplinary action is entitled to an appeal before the
Borough Administrator.
(1) If the employee wishes to appeal to the Borough Administrator, he or she shall
submit a written request for a hearing to the Borough Administrator within 20 days of
receipt of the hearing officer's decision.
(2) The appeal hearing shall be a de novo review and shall be informal in nature. The
procedure used shall be within the discretion of the Borough Administrator. The
employee may be represented by an attorney or an authorized union representative.
36:5
§ 36-9
BUTLER CODE
§ 36-9
ARTICLE III
Residency
[Adopted 12-11-1990 as Sec. 2 of Ord. No. 1990-27]
§ 36-9. Domicile and residency requirements.
Domicile or residence within the Borough of Butler shall not be required of any officer or
employee of the Borough of Butler except:
A. Where domicile or residence within the Borough is required by state law; or
B. Where the Borough Council, by ordinance creating the position or otherwise, expressly
makes domicile or residence a qualification for the position.
36:6
Chapter 40
POLICE DEPARTMENT
§ 40-1.
Establishment; composition.
§ 40-2.
Use of dogs.
§ 40-3.
Appointment.
§ 40-4.
(Reserved)
§ 40-5.
Qualifications for appointment.
§ 40-6.
Oath of office.
§ 40-7.
Uniforms.
§ 40-8.
Duties and responsibilities of Chief of Police.
§ 40-8.1. Interference with police operations.
§ 40-9.
Members responsible for enforcement.
§ 40-10. Conduct of members.
§ 40-11. Use of liquor; smoking.
§ 40-12. Absences from duty; resignation.
§ 40-13. Discipline.
§ 40-14. Adoption of rules and regulations.
§ 40-15. Chaplain.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as
Section2-11 of the Revised General Ordinances of 1976. Amendments noted where
applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 36.
Interference with Borough officials — See Ch. 85.
Salaries and compensation — See Ch. 47.
Police escort service — See Ch. 173.
Special law enforcement officers — See Ch. 55.
§ 40-1. Establishment; composition. [Amended 8-19-1980 by Ord. No. 80-17; 8-18-1992
by Ord. No. 1992-12; 2-7-2006 by Ord. No. 2006-2; 12-21-2010 by Ord. No. 2010-13A; 3-18-
2014 by Ord. No. 2014-3]
A Police Department be and is hereby established for the Borough to consist of a Chief of
Police, two Lieutenants of Police; up to four Sergeants of Police, who shall be patrol supervisors;
and up to ten patrol officers.
§ 40-2. Use of dogs.
The Council may, from time to time, by resolution authorize the Department to procure one or
more dogs to assist with appropriate police functions. Any such dog shall be properly trained
and tested and approved by the Chief of Police before being actively used by any member of
the Police Department pursuant hereto.
§ 40-3. Appointment. [Amended 8-18-1992 by Ord. No. 1992-12]
All appointments to the Police Department shall be made in conformance with Chapter 4 of
the Revised General Ordinances of the Borough of Butler and the rules and regulations of the
New Jersey Department of Personnel.
40:1
§ 40-4 BUTLER CODE § 40-7
§ 40-4. (Reserved) 1
§ 40-5. Qualifications for appointment. [Amended 12-11-1990 by Ord. No. 1990-27;
8-18-1992 by Ord. No. 1992-12; 4-21-1998 by Ord. No. 1998-12; 5-17--2022 by Ord. No.
2022-19]
Except as otherwise set for the herein, appointments to the Police Department shall be made in
accordance with applicable law from lists of eligible candidates provided to the Borough by the
New Jersey Department of Civil Service.
Appointments of entry level police officers may, in the sole discretion of the appointing authority,
be made in accordance with the provisions of N.J.S.A. 11A:4-1.3 which allows for the hiring of
an entry-level police officer without taking a Civil Service exam if they meet the criteria contained
in N.J.S.A. 11A:4-1.3
Applicants for appointment to positions in the Police Department shall be classified pursuant to
N.J.S.A. 40A:14-123.1a in the following classes:
A. Residents of the Borough of Butler.
B.
Other residents of the County of Morris.
C. Other residents of the State of New Jersey.
D. All other qualified applicants.
§ 40-6. Oath of office.
Every member of the Police Department, before entering upon the performance of his duties, shall
take and subscribe an oath or affirmation to faithfully and impartially discharge the duties of
the office and shall sign the police register. The oath or affirmation shall be filed with the Clerk
of the Borough.
§ 40-7. Uniforms.
Members of the Police Department, while on duty, shall wear full regulation uniform adopted
by the Council, unless detailed in civilian dress by the Chief of Police.
1. Editor's Note: Former § 40-4, Special officers, as amended 8-19-1980 by Ord. No. 80-17, was repealed 5-3-1988 by
Ord. No. 9-88. For current provisions dealing with special law enforcement officers, see Ch. 55.
40:2
§ 40-8 BUTLER CODE § 40-8
§ 40-8. Duties and responsibilities of Chief of Police. [Amended 10-20-1981 by Ord. No.
21-81; 6-21-1983 by Ord. No. 11-83]
A. The Chief of Police shall be the head of the Police Department, shall be responsible to
the Municipal Administrator and the governing body of the Borough of Butler for the
efficiency and day-to-day operations thereof and he shall, pursuant to policies established
by the governing body:
(1) Administer and enforce rules and regulations established by the governing body for
the disposition and discipline of the force and its officers and personnel.
(2) Have, exercise and discharge the functions, power and duties of the force.
(3) Prescribe the duties and assignments of all subordinates and other personnel within
the Department.
(4) Administer the work of the force through the divisions and such other units of
administration as he may find necessary or desirable.
(5) Delegate such of his authority as he may deem necessary for the efficient operation of
the force to be exercised under his discretion and supervision.
(6) Report, at least monthly, to the Municipal Administrator in such form as shall be
prescribed by the Municipal Administrator on the operation of the force during the
preceding month and make such other reports as may be requested by the
Municipal Administrator.
B. In the event of a vacancy in the office of Chief of Police, or in the absence of the Chief, the
duties of Chief shall be performed by a member of the Department designated by the Municipal
Administrator and confirmed by the governing body until the vacancy is filled or the Chief
returns to duty.
40:3
§ 40-8 POLICE DEPARTMENT
§ 40-8.1
C. Special assignments.
(1) The Chief shall have responsibility for the receipt of applications from property
owners or organizations in the Borough who request the assignment of police for the
purpose of extraordinary traffic control or security assistance beyond that which
is regularly provided in the case of carnivals, fairs, sports events, social events or
other special events or functions. Upon their application to the Chief, he shall assign
such members of the Police Department as shall be required for such special detail.
(2) The members of the Police Department so assigned shall be compensated in
accordance with the rate provided for such duty in the Salary Ordinance of the Borough.2
Following completion of the services above-described, the Borough Clerk shall
issue a bill to the property owners or organization utilizing such services. The fee
to be charged by the Borough Clerk shall be the amount required to compensate such
members of the Police Department and pay administrative costs in accordance with
the Salary Ordinance of the Borough of Butler and other applicable laws and
regulations. No member of the Police Department shall undertake any such special
assignment except pursuant to the direction of the Chief of Police.
(3) Upon being assigned to such duty, any member of the Department shall have the right
to refuse the assignment; provided, however, that the Chief may assign any member after
he has determined that no member wishes to serve on a voluntary basis.
§ 40-8.1. Interference with police operations. [Added 10-20-1981 by Ord. No. 21-81;
amended 6-21-1983 by Ord. No. 11-83]
No member of the Council or the Mayor or the Municipal Administrator shall, other than in
the performance of the duties of his office, seek to influence the operations of the police force
or the official acts of any police officer nor attempt to influence the appointment or removal
of any person as a police officer nor attempt to interfere in any way with the performance by
such officers of their duties. The Mayor and Council and the Municipal Administrator and all
executive and administrative officers of the municipality shall deal with the day-to-day operations
of the police force solely through the Chief of Police, and shall not seek to direct individual
police officers, either publicly or privately, except through the established line of authority.
Nothing herein contained shall prevent the appointment by the Mayor and Council of
committees or commissions to conduct investigations of the operations of the police force and
the delegation to such committees or commissions of such power of inquiry as the Mayor and
Council deem necessary. Nothing herein contained shall prevent the Police Committee or any
executive or administrative officer charged with general administrative responsibilities within
the municipality from examining at any time the operations of the police force or the
performance of any officer or member thereof.
2. Editor's Note: See Ch. 47, Salaries and Compensation.
40:4
§ 40-9 BUTLER CODE § 40-12
§ 40-9. Members responsible for enforcement.
The members of the Police Department shall be held responsible for the proper enforcement
of all ordinances of the Borough and laws of the state. They shall arrest, without warrant, any
person or persons who in their presence shall violate any laws or ordinances and shall
promptly execute all warrants and serve all court orders issued to them and such other papers
as required of them to be served within the limits of the Borough; they shall patrol the streets
of the Borough at such times and on such routes and perform such other police duty and
service as may be assigned to them by the Chief of Police.
§ 40-10. Conduct of members.
The members of the Police Department shall be courteous and considerate in all their dealings
with the public at all times and exercise vigilant watchfulness over the safety and welfare of
all persons and property within the limits of the Borough. In enforcing the law, no more force
shall be used than is warranted by the exigencies of each particular case.
§ 40-11. Use of liquor; smoking.
Every member of the police force shall refrain from the use of intoxicating liquors and shall
not smoke while on duty in uniform. They shall not enter any public building or private house
except in the discharge of their official duty.
§ 40-12. Absences from duty; resignation.
A. No member of the Police Department shall leave the Borough without permission of the
Chief of Police or, in his absence, the officer in charge.
B. No member of the Police Department shall be absent from duty without first securing
leave from the Chief of Police or, in his absence, the officer in charge. Failure to secure such
permission shall be deemed "absence without leave," and subject the offender to loss of
pay during absence and charges.
40:5
§ 40-12 POLICE DEPARTMENT § 40-15
C. Unexplained absence of any member of the Police Department for five consecutive days shall
be deemed and held as resignation of such member and recognized as such.
D. No member of the Police Department shall be allowed to resign while charges are
pending against him except by permission of the Mayor and the Police Committee.
§ 40-13. Discipline. [Added 3-13-1990 by Ord. No. 1990-63 ]
A. The appropriate authority for the discipline and removal of members of the Police Department
shall be the Municipal Administrator or his designee. The procedures for discipline of
Borough employees set out in Chapter 36 of the Code of the Borough of Butler shall to
Police Department employees.
B. No member of the Police Department shall be removed from office or employment for
political reasons or for any cause other than incapacity, misconduct or disobedience of
rules and regulations established for the governing of the Police Department.
§ 40-14. Adoption of rules and regulations. [Added 3-13-1990 by Ord. No. 1990-64 ]
The appropriate authority for the promulgation of the rules and regulations of the Police
Department is the Borough Council. The Council, by resolution, from time to time as may be
necessary, shall adopt and amend rules and regulations for the government and discipline of
the Police Department and members thereof. Said rules and regulations shall fix and provide
for the enforcement of penalties for the violation of such rules and regulations. The members
of the Police Department shall be subject to such rules, regulations and penalties and the laws
of this state and the ordinances and regulations of the Borough.
§ 40-15. Chaplain. [Added 12-19-2000 by Ord. No. 2000-29]
There is hereby established the position of Chaplain to the Police Department of the Borough
of Butler. The Mayor may, with the consent of the Council, appoint an ordained clergyman in
good standing in the religious body from which he or she is ordained to serve as Chaplain to
the Police Department. The individual appointed shall serve at the pleasure of the Mayor and
Council. The Chaplain shall become a member of the Butler Police Department, but shall
serve without rank and without salary.
3. Editor's Note: This ordinance also repealed former § 40-13, Removal from office or employment, and § 40-14,
Adoption of rules and regulations.
4. Editor's Note: This ordinance also repealed former § 40-13, Removal from office or employment, and § 40-14,
Adoption of rules and regulations.
40:6
Chapter 42
PUBLIC WORKS, DEPARTMENT OF
§ 42-1. Establishment; purpose and responsibilities.
§ 42-2. Divisions.
§ 42-3. Chain of command.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 8-21-1984 by
Ord. No. 15-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 36.
Sewerage Authority — See Ch. 50.
§ 42-1. Establishment; purpose and responsibilities.
There is hereby established within the Borough of Butler the Department of Public Works.
The purpose of and the responsibility of the Department of Public Works shall be the proper
and safe operation of the electric utility, the water utility and the sanitary sewer system, as
well as the maintenance and upgrading of all streets, storm sewers, Borough-owned property
and all Borough-owned automotive or construction equipment.
§ 42-2. Divisions.
Within the Department of Public Works there shall be the following divisions:
A. Division of Electricity.
B. Division of Water.
C. Division of Sanitary Sewer.
D. Division of Streets and Roads.
§ 42-3. Chain of command.
A. The Department of Public Works shall be under the direction and supervision of the
Director of Public Works, who shall be appointed by the Mayor and Council. The
Director of Public Works shall be responsible to the Mayor and Council for the proper
operation of the Department. All division heads shall be responsible to and report to the
Director of Public Works.
B. The head of the Electric Division shall be the Electric Foreman, and all personnel
assigned to the Electric Division shall be responsible to and report to the Electric
Foreman.
42:1
§ 42-3
BUTLER CODE
§ 42-3
C. The head of the Water Division shall be the Chief Water Treatment Plant Operator, who
shall be licensed by the State of New Jersey to permit his operation of the Borough's
water system, and all personnel assigned to the Water Division shall be responsible
to and report to the Chief Water Treatment Plant Operator.
D. The head of the Sanitary Sewer Division shall be the Chief Sewerage Treatment Plant
Operator, who shall be licensed by the State of New Jersey to permit his operation of the
Borough's sewer system, and all personnel assigned to the Sanitary Sewer Division shall
be responsible to and report to the Chief Sewerage Treatment Plant Operator.
E. The Division of Streets and Roads shall be headed by the Public Works Foreman, and
all personnel assigned to the Division of Streets and Roads shall be responsible to and
report to the Public Works Foreman.
42:2
Chapter 43
BUILDING CONSTRUCTION AND CODE ENFORCEMENT,
DEPARTMENT OF
§ 43-1. Establishment; purpose and responsibility.
§ 43-2. Divisions.
§ 43-3. Organization.
§ 43-4. Establishment of positions.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 11-12-1990 by
Ord. No. 1990-22. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Uniform construction codes — See Ch. 101.
Officers and employees — See Ch. 36.
Land use — See Ch. 143.
§ 43-1. Establishment; purpose and responsibility.
There is hereby established within the Borough of Butler the Department of Building Construction
and Code Enforcement. The purpose of and the responsibility of the Department of Building
Construction and Code Enforcement shall be the enforcement of the Construction Codes, all
subcodes and the Zoning Ordinance of the Borough of Butler.1 The Department of Building
Construction and Code Enforcement shall also be responsible for handling the administrative and
clerical needs of the Planning Board and the Board of Adjustment.
§ 43-2. Divisions.
Within the Department of Building Construction there shall be the following divisions:
A. Fire Subcode.
B. Building Subcode.
C. Plumbing Subcode.
D. Electrical Subcode.
E. Zoning Code Enforcement.
§ 43-3. Organization.
The Construction Official shall be the designated supervisor for the Department of Building
Construction and Code Enforcement. The subcode positions, the Zoning and Code
Enforcement Officer and the Control Officer shall report directly to the Construction Official.
1. Editor's Note: See Ch. 101, Construction Codes, Uniform, and Part 6 of Ch. 143, Land Use.
43:1
§ 43-4
BUTLER CODE
§ 43-4
§ 43-4. Establishment of positions.
A. The positions of Construction Official, Building Subcode Official, Plumbing Subcode Official,
Electrical Subcode Official and Fire Protection Subcode Official have previously
been established in § 101-1 of the Revised Code of the Borough of Butler.
B.
There is hereby established the position of Zoning and Code Enforcement Officer. The
Zoning and Code Enforcement Officer shall have the responsibility for the enforcement
of the Zoning Ordinance of the Borough of Butler.
C.
There is hereby established the position of Control Officer. The Control Officer shall
have the responsibility of handling the administrative duties of the Construction Official
and Subcode Officials.
D. There is hereby established the position of Administrative Officer. The Administrative Officer
shall handle the administrative and clerical responsibilities for the Planning Board, the
Board of Adjustment and the Zoning and Code Enforcement Officer.
43:2
Chapter 44
RECREATION COMMISSIONERS, BOARD OF
§ 44-1.
Establishment.
§ 44-2.
Appointment of members.
§ 44-3.
Term of membership; compensation.
§ 44-4.
Chairman.
§ 44-5.
Acquisition and selection of lands; surveys and maps.
§ 44-6.
Authorization for acquisition of lands.
§ 44-7.
Fund-raising to meet operating costs.
§ 44-8.
Regulation of recreation lands.
§ 44-9.
Budget.
§ 44-10. Money for purchase to be raised by taxation or bonds; maintenance of special
fund.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section
2-20 of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 47. Parks and recreation areas — See Ch. 168.
§ 44-1. Establishment.
Pursuant to N.J.S.A. 40:12-1 et seq. and such subsequent statutes in such case as may from
time to time be provided, there is hereby established a Board of Recreation Commissioners.
§ 44-2. Appointment of members. [Amended 11-18-2014 by Ord. No. 2014-14.]
The Board of Recreation Commissioners shall consist of seven (7) persons appointed
by the Mayor and up to two (2) alternate members appointed by the Mayor.
§ 44-3. Term of membership; compensation.
The Commissioners first appointed shall be appointed for terms of one, two, three, four and
five years, respectively, and thereafter all appointments shall be for the term of five years. The
additional Commissioners appointed to increase the Board from five to seven members shall
be appointed one for a four-year term and one for a five-year term, and thereafter for terms of five
years. Any vacancies shall be filled for the unexpired term only. The members shall serve until
their respective successors are appointed and shall qualify. The members shall receive no
compensation for their services.
44:1
§ 44-4
BUTLER CODE
§ 44-6
§ 44-4. Chairman.
The Board of Recreation Commissioners shall select one of their number as Chairman of the
Board for a term of one year.
§ 44-5. Acquisition and selection of lands; surveys and maps.
A. The Board of Recreation Commissioners may acquire lands for public playgrounds and
recreation places, by gift or purchase only if such acquisition is first approved by the
Mayor and Borough Council, and it shall from time to time select lands for public playgrounds
and recreation places and, when deemed necessary or advisable by such Board, select
lands for an approach or approaches by way of ingress thereto and egress therefrom of
such size and dimensions as they shall think suitable, regard being had to the population
of the neighborhood.
B. They shall cause surveys and maps to be made thereof, together with a careful estimate, as
nearly accurate as may be, of the probable costs of acquiring such lands, and a
statement of the annual rental and duration of term, if it is proposed to lease the same,
together with an estimate of the cost of preparing such lands and suitably equipping the same
by the erection of buildings, stands, seats and other structures and apparatus for such
playgrounds and recreation places.
C. Such surveys, maps and estimates shall be submitted to the Mayor and Borough Council with
a request that an appropriation be made for the purpose of acquiring or leasing such lands,
as the case may be, and suitably preparing and equipping the same.
§ 44-6. Authorization for acquisition of lands.
A. If the Mayor and Borough Council authorize by resolution the acquisition of such lands
and appropriate a sum for the purchase and equipment thereof, or authorize the leasing
thereof and appropriate a sum for the equipment thereof, the Board shall proceed to
acquire the same by purchase, condemnation or lease, as the case may be, and suitably
prepare and equip the same for a playground and recreation place, or approach thereto.
B. If the Board is unable to agree with the owner or owners as to the price and terms of
purchase, or if, by reason of any legal disability, or the absence of any owner or owners
thereof, or for any other cause, and agreement for the purchase of such lands or any part
thereof, or any rights or interest therein cannot be made, the Board may cause such lands
or any rights or interests therein to be condemned and taken on behalf of the Borough,
and the compensation to be made therefor shall be ascertained and paid or tendered in
the manner provided in Chapter I of the title Eminent Domain.1
C. The Board may cause any lands so acquired to be laid out and improved as a public
playground, recreation place or an approach thereto.
D. The title to all lands acquired or taken hereunder shall vest in the Borough, and all leases
of land for such purpose shall be in the name of the Borough of Butler.
1. Editor's Note: See N.J.S.A. 20:1-1 et seq.
44:2
§ 44-7
RECREATION COMMISSIONERS, BOARD OF
§ 44-9
§ 44-7. Fund-raising to meet operating costs.
A. In order to provide the funds, in whole or in part, necessary to improve, maintain and
police the playgrounds or recreation places under its control, the Board of Recreation
Commissioners may arrange and provide for the giving of exhibitions, plays, concerts, games
and contests and may use and employ such playgrounds or recreation places for the purpose
of giving thereon exhibitions, plays, concerts, games and contests.
B. The Board may charge and collect a reasonable admission fee for each person entering
such playground or recreation place as a spectator during the time or times when the
same is being used or employed for such purposes, but shall not use or employ any such
playground or recreation place for such purpose for a greater period than a ratio of one
hour to every two hours in each day during which the playground or recreation places are
utilized nor more than 16 hours in any one calendar week, and when any such
playground or recreation place is used for such purpose, no admission fee shall be
charged or collected from children under 12 years of age.
C. The Board of Recreation Commissioners may charge and collect a reasonable service
charge from persons using, as participants, special areas and facilities which require
special maintenance and the use of which is restricted to relatively few people, in order
to assist in the meeting of the operating costs thereof in whole or in part.
§ 44-8. Regulation of recreation lands.
A. Administration. The Board of Recreation Commissioners shall have full control over all
lands, playgrounds and recreation places acquired or leased pursuant to law and the provisions
of this chapter, and may adopt suitable rules, regulations and bylaws for the use thereof,
and the conduct of all persons while on or using the same. Any persons who shall violate any
of such rules, regulations or bylaws shall be deemed and adjudged to be a disorderly person.
B. Enforcement. The custodians, supervisors and assistants appointed by the Board shall,
while on duty and for the purpose of preserving order and the observance of the rules,
regulations and bylaws of the Board, have all the power and authority to enforce such
rules and regulations.
C. Personnel. The Board may appoint a Secretary or Clerk and such number of custodians,
supervisors and assistants for the several playgrounds and recreation places under its
control as it shall think necessary and fix and determine their salaries, if any.
§ 44-9. Budget.
A. Each year the Board of Recreation Commissioners shall develop a budget for the ensuing
calendar year and present the same to the Mayor and Borough Council on or before
November 1, which budget shall give the details of the moneys considered necessary to
carry out the recreational program and show the amount allocated for the various
required services.
44:3
§ 44-9
BUTLER CODE
§ 44-10
B. The Mayor and Council shall consider the budget and may approve or disapprove the
same, in whole or in part, and shall annually fix, determine and appropriate a sum
sufficient for the care, custody, policing and maintenance of such playgrounds and recreation
places, and for the expenses of the Board of Recreation Commissioners, which shall be raised
by taxation in the same manner as other taxes.
§ 44-10. Money for purchase to be raised by taxation or bonds; maintenance of special
fund.
A. The money necessary to pay for lands purchased or condemned for such playgrounds and
recreation places and for providing and equipping the same, from time to time, may be
raised and provided by the Board or body having control of the finances by general
taxation, as other taxes are raised and levied, or by the issuance of temporary loan bonds, or
by the issuance of permanent bonds. All such bonds or other obligations shall be issued
and paid in the manner provided by N.J.S.A. 40:1-1 et seq.2
B. All moneys received by the Board shall be paid over to the Municipal or County
Treasurer and be by him kept in a special fund, which fund shall be under the control of
the Board and used only for the purpose of defraying the expenses of improving, maintaining
or policing the playgrounds and recreation places and for the other expenses of the Board.
2. Editor's Note: N.J.S.A. 40:1-1 et seq. has been repealed. For current provisions, see N.J.S.A. 40A:2-1 et seq.
44:4
Chapter 47
SALARIES AND COMPENSATION
[The salaries and compensation of the officers and employees of the Borough of Butler
are established by the Mayor and Council in the annual Salary Ordinance, copies of
which are on file in the office of the Borough Clerk and are available for examination
during regular office hours.]
GENERAL REFERENCES
Administration of government — See Ch. 4. Police Department — See Ch. 40.
Fire Department — See Ch. 21.
Board of Recreation Commissioners — See Ch. 44.
Board of Health — See Ch. 25.
47:1
Chapter 49
SENIOR RADIO DISPATCHER
§ 49-1. Establishment.
§ 49-2. Duties.
§ 49-3. Qualifications.
§ 49-4. Appointment.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 3-19-1985 by
Ord. No. 85-4. Amendments noted where applicable.]
§ 49-1. Establishment.
There is hereby established the position of Senior Radio Dispatcher.
§ 49-2. Duties.
The duties of the position of Senior Radio Dispatcher shall be to take charge of the Borough's
dispatchers for the purpose of establishing appropriate work schedules for all dispatchers;
making certain that the procedures established by the Borough for dispatchers is in fact
followed and that all appropriate records and reports are prepared and submitted in a timely
fashion, as well as such other duties as may be assigned.
§ 49-3. Qualifications.
Any person appointed to the position of Senior Radio Dispatcher shall have, as a minimum,
the following qualifications:
A. One year of experience in performing radio dispatching work.
B. Considerable knowledge of the laws, rules, regulations, standards, policies and
procedures of the Federal Communications Commission.
B.
Ability to read, write, speak and understand English sufficiently to perform the duties of
this position; to work harmoniously with others and to organize assigned work and
develop effective work methods; to understand, remember and carry out oral and written
directions; to learn quickly from written and oral explanations and demonstrations.
D. Good health and freedom from disabling physical and mental defects which would impair
the proper performance of the required duties or which might endanger the health and
safety of oneself or others.
§ 49-4. Appointment.
The Borough Council shall, upon the recommendation of the Mayor, appoint one person to fill
the position of Senior Radio Dispatcher.
49:1
Chapter 50
SEWERAGE AUTHORITY
ARTICLE I
Pequannock River Basin Regional Sewerage Authority
§ 50-1. Creation.
§ 50-2. Powers and duties.
§ 50-3. Appointment of members.
§ 50-4 Filling of provisions.
ARTICLE II
Service Contract With Pequannock, Lincoln Park and Fairfield Sewerage Authority
§ 50-5. Adoption of rules and regulations.
§ 50-6. Violations and penalties; Enforcement.
§ 50-7. Disposition of moneys.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 191. Individual sewage disposal systems — See Ch. 260.
ARTICLE I
Pequannock River Basin Regional Sewerage Authority 1
[Adopted as Section 2-21 of the Revised General Ordinances of 1976]
§ 50-1. Creation.
Pursuant to the provisions of N.J.S.A. 40:14A-4, there is hereby created a public body
corporate and politic under the name and style of the "Pequannock River Basin Regional Sewerage
Authority."
§ 50-2. Powers and duties.
The Pequannock River Basin Regional Sewerage Authority is and shall be an agency and
instrumentality of the participants created by parallel ordinances duly adopted by their
governing bodies and is a sewerage authority as contemplated and provided for by the
Sewerage Authorities Law and shall have and exercise all of the powers and perform all of
the duties provided for by the Sewerage Authorities Law and any other statutes heretofore or
hereafter enacted and applicable thereto.
1. Editor's Note: Ordinance No. 16-87, adopted 10-20-1987, provided as follows:
"NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Borough of Butler, County of Morris
and State of New Jersey, that the agreement providing for the operation and maintenance of the various interceptor sewer
lines located in the Boroughs of Butler and Bloomingdale, a copy of which is on file in the Clerk's Office, be executed
by the Mayor and Clerk in accordance with the provisions of the law."
Said ordinance also superseded former Ord. No. 1-85, adopted 3-5-1985, which also authorized the Borough to enter
into a new agreement with the Authority.
50:1
§ 50-3 BUTLER CODE § 50-6
§ 50-3. Appointment of members.
The Pequannock River Basin Regional Sewerage Authority shall consist of six members
thereof, who shall serve without salary, two of such members shall be appointed by the
governing body of each of the participants, all in accordance with the provisions of N.J.S.A.
40:14A-4(c).
§ 50-4. Filling of provisions.
A copy of Ordinance No. 5752 duly certified by the Borough Clerk shall forthwith be filed by
the Borough Clerk in the office of the Secretary of State of the State of New Jersey.
ARTICLE II
Service Contract With Pequannock, Lincoln Park and Fairfield Sewerage Authority
[Adopted 4-15-1986 by Ord. No. 7-86]
§ 50-5. Adoption of rules and regulations.
The Mayor and Council of the Borough of Butler, in the County of Morris, State of New
Jersey, as the governing body thereof, does hereby determine that there exists a need and a
requirement to provide an efficient means for the enforcement of rules and regulations
regulating the making of connection to and regulating the discharge into the primary sewer system
operated by the Pequannock, Lincoln Park and Fairfield Sewerage Authority, pursuant to the
provisions of N.J.S.A. 40:14A-23 and Section 701 of the service agreement between the
Pequannock River Basin Regional Sewerage Authority and the Pequannock, Lincoln Park and
Fairfield Sewerage Authority. The Borough of Butler hereby adopts said rules and regulations
which are enumerated at length in a document entitled "Rules and Regulations Governing the
Discharge of Sewage, Industrial Wastes or Other Wastes Into the Pequannock, Lincoln Park
and Fairfield Sewerage Authority System and All Sewers Tributary Thereto," adopted on
April 5, 1978, and amended January 11, 1984, by the Pequannock, Lincoln Park and Fairfield
Sewerage Authority by resolutions.
§ 50-6. Violations and penalties; enforcement.
Any person, firm, partnership or corporation violating any rules, regulations or emergency
proclamations of the Pequannock, Lincoln Park and Fairfield Sewerage Authority in the
Borough of Butler shall be subject to punishment by imprisonment for not more than 90 days
or a fine not to exceed $500, or both, for each violation, and the Municipal Court of the
Borough of Butler shall have jurisdiction in actions for the violation of such rules and regulations,
which shall be enforced by like proceedings and processes as those provided by law for the
enforcement of ordinances of the municipality. In the event of continuing violation, each
day that the violation continues shall be deemed a separate and distinct violation. The
officers authorized by law to serve and execute processes in the Municipal Court shall be
the officers to serve and execute processes issued out of the Municipal Court
2.
Editor's Note: Ordinance No. 575, adopted 5-6-1974, comprises this Art. I.
50:2
§ 50-6 SEWERAGE AUTHORITY § 50-7
for violations of the rules and regulations of the Authority. The Executive Director of the
Authority is hereby designated as the enforcement officer of this article.
§ 50-7. Disposition of moneys.
All moneys collected, either as fines or penalties, but not court costs, for any violations of the
rules and regulations of the Authority under any provisions of this Article shall be forthwith
paid over to the Authority by the custodian of municipal funds.
50:3
Chapter 54
RESERVED
[Lakeland Regional Solid Waste Management Authority: HISTORY: Adopted by the Mayor
and Council of the Borough of Butler as section 2-22 of the Revised General Ordinances of
1976; amended in its entirety 3-15-1977 by Ord. No. 77-8. Dissolved 11-5-2012 by Ord. No.
2012-15]
Chapter 55
SPECIAL LAW ENFORCEMENT OFFICERS
§ 55-1. Term.
§ 55-2. Qualification requirements; appointment.
§ 55-3. Certification.
§ 55-4. Class One and Class Two officers.
§ 55-5. Carrying of firearms.
§ 55-6. Hours of work per week.
§ 55-7. Number of special law enforcement officers.
§ 55-8. Officers to be Borough residents.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 11-17-1986 by
Ord. No. 22-86. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 36.
Salaries and compensation — See Ch. 47.
Police Department — See Ch. 40.
Vehicles and traffic — See Ch. 225.
§ 55-1. Term.
Special law enforcement officers shall be appointed for terms of one year, said appointment
not to be revoked except for cause after adequate hearing.
§ 55-2. Qualification requirements; appointment. [Amended 5-3-1988 by Ord. No. 9-88]
A. No person shall be appointed as a special law enforcement officer unless such person
meets the qualification requirements of N.J.S.A. 40A:14-146.10. The Chief of Police
shall submit candidates for appointment to the Borough Council. The eligibility and
qualifications of such persons shall be reported to the Borough Council by the Chief of
Police in accordance with N.J.S.A. 40A:14-146.10, Subdivision e.
B. Appointment as a special law enforcement officer shall become effective upon passage of a
resolution to that effect by the Borough Council.
§ 55-3. Certification.
No person shall commence serving as a special law enforcement officer unless he has been
certified by the Police Training Commission as provided by N.J.S.A. 40A:14-146.11. Any special
law enforcement officer appointed and in service on October 1, 1986, may continue in service if
he will have completed training and certification requirements by October 13, 1988.
55:1
§ 55-4 BUTLER CODE § 55-7
§ 55-4. Class One and Class Two officers.
Persons appointed as special law enforcement officers shall, upon appointment, be designated
as either a Class One or Class Two special law enforcement officer. The classifications shall
be based upon the following standards:
A. Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator
control and similar duties and shall have the power to issue summonses for disorderly persons
and petty disorderly persons offenses, violations of municipal ordinances and violations
of Title 39 of the New Jersey Revised Statutes. The use of a firearm by an officer of this
class shall be strictly prohibited, and no Class One officer shall be assigned any duties
which may require the carrying or use of a firearm.
B. Class Two. Officers of this class shall be authorized to exercise full powers and duties
similar to those of a permanent, regularly appointed full-time police officer. The use of a
firearm by an officer of this class may be authorized only after the officer has been fully
certified as successfully completing training as prescribed by the Police Training
Commission.
§ 55-5. Carrying of firearms.
The carrying of firearms by special law enforcement officers shall be strictly governed by
N.J.S.A. 40A:14-146.14, Subdivision b.
§ 55-6. Hours of work per week.
No special law enforcement officer may work more than 20 hours per week, except as
provided as follows:
A. Without limitation as to hours during periods of emergency.
B.
A special law enforcement officer may be assigned for not more than 20 hours per week
to provide public safety and law enforcement services to a public entity, in addition to
not more than 20 hours per week performing the duties pursuant to this chapter.
C. For hours to be determined by the Chief of Police while assigned to public safety duties
for a private entity, pursuant to N.J.S.A. 40A:14-146.14, Subdivision b.
§ 55-7. Number of special law enforcement officers. [Amended 5-3-1988 by Ord. No.
9-88]
The number of special law enforcement officers in the Borough of Butler shall be determined
by the Borough Council on the recommendation of the Chief of Police. The number of
persons designated as Class Two special law enforcement officers shall not exceed 25% of the
total number of regular police officers.
55:2
§ 55-8
SPECIAL LAW ENFORCEMENT OFFICERS
§ 55-8. Officers to be Borough residents.
All special law enforcement officers shall be residents of the Borough of
Butler.
55:3
§ 55-8
Chapter 56
BUTLER ALLIANCE COMMISSION
§ 56-1. Creation; membership.
§ 56-2. Powers and duties.
§ 56-3. Election of officers.
§ 56-4. Reports.
§ 56-5. Compensation.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 6-21-1988 by Ord.
No. 18-88; amended in its entirety 5-16-2006 by Ord. No. 2006-14. Subsequent amendments
noted where applicable.]
§ 56-1. Creation; membership.
A. A Butler Alliance Commission is hereby created in the Borough of Butler and shall
consist of six persons, residents or employees of Butler, to be appointed by the Mayor
with the consent of the Council.
B. Terms.
(1)
The initial terms for said members shall be as follows:
Term of Appointment
Number of Members
(years)
2
1
2
2
2
3
(2)
After the initial appointments, all future appointments shall be for terms of three
years.
§ 56-2. Powers and duties.
The powers and duties vested in the Commission shall include:
A. To serve as a resource body for planning, developing and coordinating the
implementation of programs focused on the problems experienced by our youth.
B. Conduct research, gather information and disseminate results and/or findings.
C. To serve as a liaison to governmental bodies and agencies.
D. To make such recommendations as may be necessary to assist in the elimination of
problems within the municipality.
56:1
§ 56-2
BUTLER CODE
§ 56-5
E.
The Commission will act in a merely advisory capacity and shall not have the power to
bind the municipality in any manner.
F.
Apply for and accept grants.
§ 56-3. Election of officers.
A Chairman, Vice Chairman, Coalition Coordinator and Secretary of the Commission shall be
elected by the members of the Commission at an annual meeting during January of each year.
§ 56-4. Reports.
The Secretary of the Commission shall submit annual reports in writing to the Borough Clerk
on or before October 1 of each year.
§ 56-5. Compensation.
The members of the Commission shall serve without compensation.
56:2
Chapter 58
WATER UTILITY
ARTICLE I
Personnel of Utility
§ 58-1. Creation of positions.
§ 58-2. Appointments.
§ 58-3. Duties and responsibilities.
§ 58-4. Qualifications of Chief Water Treatment Plant Operator.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Water — See Ch. 234.
Department of Public Works — See Ch. 42.
ARTICLE I
Personnel of Utility
[Adopted 6-21-1983 by Ord. No. 10-83]
§ 58-1. Creation of positions.
There is hereby created within the Water Utility of the Borough of Butler the following
positions, and the employment of qualified persons to fill such positions is hereby authorized.
A. Municipal Administrator.
B. Chief Water Treatment Plant Operator.
C. Water Treatment Plant Operator.
D. Public Works Foreman.
D. Assistant Public Works Foreman.
F.
Public Works Repairers and Senior Public Works Repairers.
G. Laborers.
§ 58-2. Appointments.
A. Appointment to the position of Municipal Administrator shall be in accordance with
§ 4-9B, Appointment, of the Code of the Borough of Butler.
B. Appointment to the position of Chief Water Treatment Plant Operator shall be by the
Mayor and Borough Council of the Borough of Butler. Said position shall be an
unclassified position for purposes of civil service.
58:1
§ 58-2
BUTLER CODE
§ 58-4
C. The appointment to the positions of Water Treatment Plant Operator, public works
repairers and laborers shall be in accordance with the rules and regulations as issued by
civil service for said positions and shall be deemed to be classified positions.
§ 58-3. Duties and responsibilities.
A. Municipal Administrator. The Municipal Administrator shall have the powers and duties as
set forth in § 4-9H, Powers and duties, of the Code of the Borough of Butler.
Specifically for purposes of the Water Utility, the Municipal Administrator shall give
directives and orders to the Chief Water Treatment Plant Operator, who in turn shall
report directly to the Municipal Administrator.
B. Chief Water Treatment Plant Operator. The Chief Water Treatment Plant Operator shall
report directly to the Municipal Administrator and shall carry out such directives and
orders as may be given to him by the Municipal Administrator. In turn, the Chief Water
Treatment Plant Operator shall have the authority to give directives and orders to all
other persons employed within the Water Utility and shall have the authority and
responsibility to direct their activities and to recommend to the Municipal Administrator
promotions and disciplinary actions concerning these employees as he or she may deem
appropriate.
C. Water Treatment Plant Operator. The primary responsibility for the Water Treatment
Plant Operator shall be to maintain the water treatment plant in good operating order, and he
shall have immediate authority over all other persons employed by the Water Utility when
they are working at or in connection with the Water Treatment Plant. The Water Treatment
Plant Operator shall report directly to the Chief Water Treatment Plant Operator.
D. The Public Works Foreman shall work in cooperation with the Chief Water Treatment
Plant Operator, providing such resources as manpower and material for carrying out
work determined necessary to the water system by the Chief Operator.
E. The Assistant Public Works Foreman shall report directly to the Public Works Foreman
directing and working with the various crews. The Assistant Public Works Foreman shall
assume all duties of the Foreman in the absence of same.
F. The senior public works repairers and public works repairers shall report directly to the
Public Works Foreman or the Assistant Public Works Foreman, and their duties and functions
shall be as set forth in their job descriptions by Civil Service.
G. Laborers. Laborers shall report directly to the Public Works Foreman or Assistant Public
Works Foreman, and their duties and functions shall be as set forth in their job
description by Civil Service.
§ 58-4. Qualifications of Chief Water Treatment Plant Operator.
The Chief Water Treatment Plant Operator, in order to qualify for the position, shall have
prior to his appointment those New Jersey water licenses referred to as W-1 and T-1.
58:2
Chapter 60
EMERGENCY MANAGEMENT
§ 60-1. Coordinator.
§ 60-2. Deputy Coordinator.
§ 60-3. Duties of Coordinator.
§ 60-4. Council.
§ 60-5. Duties of Council.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 4-19-1988 by
Ord. No. 7-88. Amendments noted where applicable.]
GENERAL REFERENCES
Interference with Borough officials — See Ch. 85.
§ 60-1. Coordinator.
A. The Mayor shall appoint a Municipal Emergency Management Coordinator from among
the residents of the municipality. The Municipal Emergency Management Coordinator
shall serve for a term of three years. The Municipal Emergency Management Coordinator
shall have a minimum of one year's experience in the planning, development and
administration of emergency response activities such as those provided by police, fire, rescue,
medical or municipal emergency management units either in the public or private sector or in
the military service.
B. As a condition of appointment and the right to continue for the full term of the
appointment, the Coordinator shall successfully complete the approved courses within
one year of appointment. The failure of any Municipal Emergency Coordinator to fulfill such
requirements within the period prescribed shall disqualify the Coordinator from continuing
in the office of Coordinator, and thereupon a vacancy in said office shall be deemed to
have been created. The Governor may remove a Municipal Emergency Management
Coordinator at any time for cause. In such event, the Mayor shall appoint a new Municipal
Emergency Management Coordinator with the approval of the Governor. If the Mayor
shall not appoint a Municipal Emergency Management Coordinator within
10 days after such office shall become vacant, the Governor may appoint a temporary
Municipal Emergency Management Coordinator who shall serve and perform all of the duties
of that office until such time as a new Municipal Emergency Management Coordinator shall
be appointed by the Mayor, with the approval of the Governor.
§ 60-2. Deputy Coordinator.
Each Municipal Emergency Management Coordinator shall appoint one and may appoint
more than one Deputy Municipal Emergency Management Coordinator(s) with the approval
of the Mayor. Whenever possible, such Deputy(ies) shall be appointed from among the
salaried officers or employees of the municipality.
60:1
§ 60-3 BUTLER CODE § 60-5
§ 60-3. Duties of Coordinator.
A. The Municipal Emergency Management Coordinator shall be responsible for the
planning, activating, coordinating and the conduct of municipal emergency management
operations within the municipality.
B. Wherever, in the opinion of the Municipal Emergency Management Coordinator, a
disaster has occurred or is imminent in the municipality, the Municipal Emergency
Management Coordinator shall proclaim a state of local disaster emergency within the
municipality.
C. The Municipal Emergency Management Coordinator, in accordance with regulations
promulgated by the State Director of Emergency Management, shall be empowered to
issue and enforce such orders as may be necessary to implement and carry out
emergency management operations and to protect the health, safety and resources of the
residents of the municipality.
D. The County Emergency Management Coordinator shall be immediately advised of the
proclamation of a state or local disaster emergency by the Municipal Emergency Management
Coordinator and the action taken.
E. The Municipal Emergency Management Coordinator shall also perform any of the duties
and functions which may from time to time hereafter be required by statute.
§ 60-4. Council.
There is hereby created a Municipal Emergency Management Council to be composed of not
more than 15 members who shall be appointed by the Mayor and shall hold office at the will
and pleasure of the Mayor. The Municipal Emergency Management Coordinator shall be a
member and shall serve as Chairman of the Municipal Emergency Management Council.
§ 60-5. Duties of Council.
A. The Municipal Emergency Management Council shall:
B. Assist the Borough in establishing the various local volunteer and Borough agencies
needed to meet the requirements of all local municipal emergency management defense
and disaster control activities in accordance with the rules and regulations established by
the Governor of the State of New Jersey.
C. Evaluate the need for resources to develop, implement and exercise the emergency plan.
Make recommendations regarding what resources are required and how they can be
provided.
D. Prepare and submit an emergency plan and annexes in conformance with the guidance
materials provided by the County Coordinator.
E. Provide assistance to the Municipal Emergency Management Coordinator in the preparation
of the emergency operations plans and annexes.
60:2
Chapter 65
(RESERVED)
[Former Ch. 65, Alarm Systems, adopted 7-21-1981 by Ord. No. 11-81, was repealed
3-21-2006 by Ord. No. 2006-4.]
65:1
PART II
GENERAL
LEGISLATION
Chapter 67
ALCOHOLIC BEVERAGES
ARTICLE I
Sales
§ 67-1.
Purpose.
§ 67-2.
Word usage.
§ 67-3.
Licenses.
§ 67-4.
Hours; sale to certain persons.
§ 67-5.
Persons under legal age for consumption.
§ 67-6.
Revocation of licenses.
§ 67-7.
Violations and penalties.
ARTICLE II
Consumption
§ 67-8.
Definitions.
§ 67-9.
Consumption in public streets and places.
§ 67-10. Consumption in automobiles.
§ 67-11. Special permit required.
§ 67-12. Violations and penalties.
ARTICLE III
Consumption by Minors
§ 67-13. Serving to minors prohibited.
§ 67-14. Violations and penalties.
ARTICLE IV
Possession or Consumption of Alcoholic Beverages by Underage Persons on Private
Property Prohibited
§ 67-15. Possession or Consumption of Alcoholic Beverages by Underage Persons on
Private Property Prohibited.
§ 67-16. Violations and Penalties.
§ 67-17. Exceptions.
§ 67-18. Definitions.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Re-Adopted in its entirety 3-25-2018 by Ord. No. 2018-2;
Amendments noted where applicable.]
GENERAL REFERENCES
Licensing generally — See Ch. 150. Parks and recreation areas — See Ch. 168.
67:1
§ 67-1
BUTLER CODE
§ 67-3
ARTICLE I
Sales
[Adopted as Ch. VI of the Revised General Ordinances of 1976]
§ 67-1. Purpose.
This Article is enacted to regulate the sale and transportation of alcoholic beverages in the
Borough of Butler in accordance with the provisions of an Act of the Legislature of the State
of New Jersey, entitled "An Act Concerning Alcoholic Beverages," comprising Chapter 436
of the Laws of 1933, its supplements and amendments, and also comprising N.J.S.A. 33:1-1 et
seq., and in accordance with the rules and regulations of the State Director of Alcoholic Beverage
Control.
§ 67-2. Word usage.
For the purpose of this Article, words and phrases shall have the meanings given in N.J.S.A.
33:1-1 et seq. and the rules and regulations of the Director of Alcoholic Beverage Control.
§ 67-3. Licenses.
A. Laws applicable. All applications for licenses, all licenses issued and all proceedings
under this Article shall be in accordance with the Act, rules and regulations referred to
in § 67-1 and all other applicable laws of the State of New Jersey or of the United States.
B. Issuing authority. The Clerk of the Borough is authorized and empowered to issue
licenses for the sale and distribution of alcoholic beverages in the Borough when such
licenses shall have been approved by the Borough Council.
C. License applications; provisions. No license shall be issued except after written
application presented by the proposed licensee in such form and after such notice as
required by N.J.S.A. 33:1-1 et seq. and upon complying with the provisions of this
article. [Amended 6-19-2001 by Ord. No. 2001-15]
D. License fees; maximum numbers. The annual license fees and maximum number of
licenses for the sale or distribution of alcoholic beverages in the Borough shall be as
follows: [Amended 5-4-1981 by Ord. No. 81-8; 12-15-1992 by Ord. No. 1992-
23; 4-16-2002 by Ord. No. 2002-13; 4-20-2004 by Ord. No. 2004-2; 5-2-2006 by Ord.
No. 2006-12; 11-7-2011 by Ord. No. 2011-19; 11-9-2021 by Ord. No. 2021-20]
Class of Annual Fee License
Plenary Retail Consumption $2,072.90
Plenary Retail Distribution $2,072.90
Club $126.00
67:2
§ 67-4
BUTLER CODE
§ 67-5
§ 67-4. Hours; sale to certain persons.
A. Hours of sale. The holders of licenses in the Borough shall not sell, serve or give away
alcoholic beverages on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday
between the hours of 3:00 a.m. and 7:00 a.m. and on Sunday between the hours of 3:00
a.m. and 11:00 a.m., except as provided in Subsection B.
B. Christmas Day and New Year's Day. The holders of licenses in this municipality shall
not sell, serve or give away any alcoholic beverages on Christmas Day when it is a weekday,
between the hours of 3:00 a.m. and 7:00 a.m.; on Christmas Day when it is a Sunday between
the hours of 3:00 a.m. and 11:00 a.m.; on New Year's Day when it is a Sunday between the
hours of 5:00 a.m. and 11:00 a.m.; but may sell, serve and give away alcoholic beverages
on New Year's Day when it is a weekday at any time.
C. Sale to certain persons. No licensee shall sell, serve or deliver, nor shall any licensee
suffer or permit the sale, service or delivery of any alcoholic beverage, directly or
indirectly, to any minor, mental defective, habitual drunkard or any intoxicated person,
nor permit such persons to congregate in or about the licensed premises.
§ 67-5. Persons under legal age for consumption. [Amended 11-1-1982 by Ord. No.
13-82]
A.
Presence. No person under the legal age for the consumption of alcoholic beverages shall be
allowed in any premises where alcoholic beverages are sold or served for consumption
on the premises, except bona fide restaurants, unless accompanied by his parent or guardian.
B.
Purchase of alcoholic beverages by persons under the legal age. No person under the
legal age for the consumption of alcoholic beverages shall consume purchase, attempt to purchase, or
have another purchase for him any alcoholic beverage on any premises licensed for the sale of
alcoholic beverages.
C.
Purchase of alcoholic beverages for persons under the legal age. No person shall
purchase or attempt to purchase alcoholic beverages for a person under the legal age for the
consumption of alcoholic beverages.
D.
Misstating age. No person shall misrepresent his age or the age of another person for the
purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage
to a person under the legal age for consumption of alcoholic beverages or to permit a person
under the legal age for the consumption of alcoholic beverages to remain on any premises in violation
of Subsection A.
67:3
§ 67-6 ALCOHOLIC BEVERAGES § 67-9
§ 67-6. Revocation of licenses.
A. Any license issued under this Article may be suspended or revoked for violation of any of
the provisions of this article or any provisions of any applicable statute or any of the rules
or regulations of the State Director of Alcoholic Beverage Control.
B. Proceedings for suspension or revocation shall be in accordance with the provisions of
N.J.S.A. 33:1-31 by service of a five-day notice of charges preferred against the licensee and
affording a reasonable opportunity for hearing.
C. Suspension or revocation of a license shall be in addition to any other penalty which may
be imposed for a violation of this Article.
§ 67-7. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 4-18-2006 by
Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this article shall be subject
to such penalties as are provided for in Chapter 230, Violations and Penalties, of the Code of
the Borough of Butler.
ARTICLE II
Consumption
[Adopted as Section 3-8A of the Revised General Ordinances of
§ 67-8. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGES — Any fluid or solid capable of being converted into a fluid
suitable for human consumption and having an alcoholic content of more than 1/2 of 1% by
volume, including alcoholic beer, lager beer, ale, porter, naturally fermented wine, treated wine,
blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any
brewed, fermented or distilled liquors fit for use for beverage purposes or any mixture of
such liquors and fruit juices.
§ 67-9. Consumption in public streets and places.
No person shall consume alcoholic beverages on any of the public streets, sidewalks, parking lots
which are open to the public at large, whether publicly or privately owned, roadways, pathways,
playgrounds, outdoor facilities owned or operated by the Board of Education of the Borough,
parks or shopping plazas at any hour of the day or night unless a special permit is issued as
provided herein.
67:3
§ 67-10
BUTLER CODE
§ 67-12
§ 67-10. Consumption in automobiles.
No person shall consume alcoholic beverages while in any automobile, whether in motion or
parked, on any of the public streets, sidewalks, parking lots which are open to the public at
large, whether publicly or privately owned, roadways, pathways, playgrounds, outdoor
facilities owned or operated by the Board of Education of the Borough, parks, shopping plazas
or other thoroughfares open to general vehicular traffic in the Borough.
§ 67-11. Special permit required.
Notwithstanding the provisions contained in §§ 67-9 and 67-10, a special permit may be
issued by the Mayor and Council of the Borough for the consumption of alcoholic beverages,
which shall include terms and conditions as established by the Mayor and Council and shall
specify the duration of the permit.
§ 67-12. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 4-18-2006 by
Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this article shall be subject
to such penalties as are provided for in Chapter 230, Violations and Penalties, of the Code of
the Borough of Butler.
67:4
§ 67-13
ALCOHOLIC BEVERAGES
§ 67-16
ARTICLE III
Consumption by Minors
[Adopted 8-20-1985 by Ord. No. 85-12]
§ 67-13. Serving to minors prohibited.
A. No person shall offer or serve an alcoholic beverage to a minor in any public or private
place within the Borough, nor shall any person who has ownership or control of any premises,
public or private, or supervision of any event permit, suffer or allow the consumption of an
alcoholic beverage by a minor in or upon any such premises or at any such event within the
Borough. This Article shall not apply to any person who is related to the minor by blood,
marriage or adoption and who has no more remote relationship to such minor than first cousin.
B. For the purposes of this section, "minor" is defined as any person below the legal age to
purchase alcoholic beverages.
§ 67-14. Violations and penalties. [Amended 6-13-1989 by Ord. No. 20-89; 4-18-2006 by
Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this article shall be subject
to such penalties as are provided for in Chapter 230, Violations and Penalties, of the Code of
the Borough of Butler.
ARTICLE IV
Possession or Consumption of Alcoholic Beverages by Underage Persons
on Private Property Prohibited.
[Adopted 3-25-2018 by Ord. No. 2018-2]
§ 67-15. Possession or Consumption of Alcoholic Beverages by Underage Person on Private
Property Prohibited.
It is hereby unlawful for any person under the legal age to, without legal authority, knowingly
possess or knowingly consume an alcoholic beverage on private property.
§ 67-16. Violation and Penalties.
A. Any person found guilty of violating the terms of this ordinance shall be subject to a fine of
$250.00 for the first offense and a fine of $350.00 for any subsequent offense. In addition, the
court may, upon a finding of guilty, in addition to the fine authorized for this offense, suspend or
postpone for six months the driving privileges of the defendant. Upon the conviction of any person
and the suspension or postponement of that person's driver’s license, the court shall forward a
report to the Division of Motor Vehicles stating the first and last day of the suspension or
postponement period imposed by the court pursuant to this section. If a person at the time of the
imposition of a sentence is less than 17 years of age, the period of license postponement, including
a suspension or postponement of the privilege of operating a motorized bicycle, shall commence
on the day the sentence is imposed and shall run for a period of six months after the person reaches
the age of 17 years. If the defendant at the time of the imposition of the sentence has a valid
drivers license issued by this state, the court shall immediately collect the license and forward it
to the Division of Motor Vehicles along with the report. If for any reason the license cannot be
collected, the court shall include in the report the complete name, address, date of birth, eye color,
and sex of the person, as well as the first and last date of the license suspension period imposed
by the court.
67:5
§ 67-16
ALCOHOLIC BEVERAGES
§ 67-18
B. The court shall inform the person orally and in writing that if the person is convicted of
operating a motor vehicle during the period of license suspension or postponement, the person
shall be subject to the penalties set forth in N.J.S.A. 39:3-40. The defendant shall be required to
acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure
to acknowledge in writing the receipt of the written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
C. If the person convicted under this ordinance is not a New Jersey resident, the court shall
suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the
age of the person and submit to the Division the required report. The court shall not collect the
license of a nonresident convicted under this Article. Upon receipt of a report by the court, the
Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or
postponement.
§ 67-17. Exceptions.
A. This ordinance shall not prohibit an underage person from consuming or possession an
alcoholic beverage in connection with a religious observance, ceremony, or rite or consuming or
possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume alcoholic beverages.
B. This ordinance shall not prohibit the possession of alcoholic beverages by any underage person
while actually engaged in the performance of employment by a person who has licensed under
Title 33 of the revised statutes, or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocational school or post-secondary
educational institution; however, this ordinance shall not be construed to preclude the imposition
of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a person who
is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of
alcoholic beverages.
§ 67-18. Definitions.
As used in this section, the following terms shall have the meanings indicated.
GUARDIAN - means a person who has qualified as a guardian of the underage person pursuant
to a testamentary or court appointment.
RELATIVE - means the underage person's grandparent, aunt or uncle, sibling, or any other
person related by blood or affinity.
67:6
Chapter 68
CANNABIS
[Adopted 7-20-2021 by Ord. No. 2021-15; Amended 7-18-2023 by Ord. No. 2023-10 ]
ARTICLE I
Sales
§ 68-1.
Purpose.
§ 68-2.
Word usage.
§ 68-3.
Licenses.
§ 68-4.
Hours; sale to certain persons.
§ 68-5.
Persons under legal age for consumption.
§ 68-6.
Revocation of licenses.
§ 68-7
Violations and penalties.
ARTICLE II
Permitted License Type and Conditions for License
§ 68-8.
License limited to Retail Establishments.
§ 68-9.
Conditions for Issuance and Renewal of License.
§ 68-10.
Taxation.
ARTICLE I
Sales
§ 68-1. Purpose.
This Article is enacted to regulate the sale of cannabis products within the Borough of
Butler in accordance with the provisions of an Act of the Legislature of the State of New
Jersey, entitled "New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act," P.L.2021, c.16 (hereinafter referred to as “Act”) and
its supplements and amendments.
§ 68-2. Word usage.
For the purpose of this Article, words and phrases shall have the meanings given in the
Act.
§ 68-3. Licenses.
A. Laws applicable. All applications for licenses, all licenses issued and all proceedings
under this Article shall be in accordance with the Act, rules and regulations referred
to in § 68-1 and all other applicable laws of the State of New Jersey.
B. Issuing authority. The Clerk of the Borough is authorized and empowered to issue
licenses for the retail sale of cannabis in the Borough in accordance with Chapter
150.
C. License applications; provisions. No license shall be issued except after written
application presented by the proposed licensee in such form and upon complying
with the provisions of this Article.
D. License fees: The initial license fee shall be $1,000.00. The annual license fee shall
be $500.00.
E. No more than three (3) licenses shall be issued and effective during any time period.
No new licenses will be issued once there are three licenses.
68:1
§ 68-4
CANNABIS
§ 68-6
§ 68-4. Hours; sale to certain persons.
A. Hours of sale. The holders of licenses in the Borough shall not sell cannabis between
the hours of 11:00 p.m. and 7:00 a.m.
B. Sale to certain persons. No licensee shall sell, nor shall any licensee suffer or permit
the sale, service or delivery of any cannabis product, directly or indirectly, to any
minor under the age of 21 or any intoxicated person, nor permit such persons to
congregate in or about the licensed premises.
§ 68-5. Persons under legal age for consumption.
A. Presence. No person under the legal age of twenty-one (21) for the purchase of
cannabis products shall be allowed in any premises where cannabis products are sold.
B. Purchase of cannabis products by persons under the legal age. No person under the
legal age for the
consumption of cannabis products shall consume purchase,
attempt to purchase, or have another purchase for
him any cannabis product on
any premises licensed for the sale of cannabis products.
C.
Purchase of cannabis products for persons under the legal age. No person shall
purchase or attempt to purchase cannabis products for a person under the legal age for
the consumption of cannabis products.
D. Misstating age. No person shall misrepresent his age or the age of another person for
the purpose of inducing any licensee or his employee to sell, serve or deliver any
cannabis product to a person under the legal age for
consumption
of
cannabis
products or to permit a person under the legal age for the consumption of cannabis
products to remain on any premises in violation of Subsection A.
§ 68-6. Revocation of licenses.
A. Any license issued under this Article may be suspended or revoked for violation of
any of the provisions of this Chapter or any provisions of any applicable statute or
any of the rules or regulations of the State of New Jersey.
B. Unless the immediate suspension is necessary for preservation of public safety,
proceedings for the suspension or revocation of any license issued under this Article,
shall be commenced by the service of a five-day notice of charges preferred against
the licensee by the Clerk and affording a reasonable opportunity for a hearing before
the Borough Council. Licenses may be suspended or revoked for any violation of
this Chapter.
C. Suspension or revocation of a license shall be in addition to any other penalty which
may be imposed for a violation of this Article.
D. Any license issued by the Borough of Butler under this Article shall be suspended
and/or revoked upon the suspension and/or revocation of the licensee’s license issued
by the State of New Jersey and/or the New Jersey Cannabis Regulatory Commission.
68:2
§ 68-7
CANNABIS
§ 68-9
§ 68-7. Violations and penalties.
Any person, firm, or corporation violating any of the provisions of this article shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of
the Code of the Borough of Butler.
ARTICLE II
Permitted License Type and Conditions for License
§68-8. License limited to Retail Establishments.
The class of cannabis license permitted in the Borough shall be for a Cannabis Retail
Establishments and Medical Cannabis Dispensaries. No license for any other class of
Cannabis establishment, including cannabis cultivators, manufactures, distributors,
wholesalers, testing facilities, or delivery services, shall be available.
§68-9. Conditions for Issuance and Renewal of License.
In addition to the requirements as provided in Article I, the following conditions are
required for the issuance and renewal of a Cannabis Retail Establishment license:
A. Applicant must possess any and all required licenses, permits or authorizations from
the State of New Jersey and/or the New Jersey Cannabis Regulatory Commission for
the operation of a Cannabis retail Establishment.
B. The Cannabis Retail Establishment shall be located in the HC Zone—Highway
Commercial District.
C. The Applicant has received conditional use approval from the Planning Board of the
Borough of Butler.
D. No on-premises consumption or use of cannabis shall be permitted.
E. Only cannabis related products may be sold on-premises.
F. Cannabis Retail Establishments must be equipped with security cameras with coverage of
exterior parking and loading areas, points of entry and egress, areas open to the public,
and cannabis storage areas. Security footage must be maintained for the period required
by State law and be subject to immediate inspection and access by the Borough of Butler
Police Department upon request.
G. Cannabis Retail Establishments must prominently display signage indicating that no
individual under the age of twenty-one is permitted on the premises and that the on-
premises consumption or use of cannabis, food, alcohol, tobacco is prohibited.
H. Any Cannabis Retail Establishment must possess and prominently display all licenses
required by the State of New Jersey and the Borough of Butler for operation.
I. Cannabis Retail Establishments must be equipped with lockable doors and windows and a
security system with audible alarm and direct or third-party notification the Borough of
Butler Police Department.
68:3
§ 68-9
CANNABIS
§ 68-9
J. All cannabis products and cash must be stored and secured in a locked safe or hardened
container securely attached to the premises.
K. Licensee shall be current on all State and municipal tax payments.
L. The licensed premises must be open for business within 60 days of the issuance of a
license.
§ 68-10. Taxation.
All Licensees under this Chapter shall be subject to quarterly remission of municipal taxes as
required set forth in Article II of Chapter 210 and shall be compliant with the requirements
therein.
68:4
Chapter 69
AMUSEMENTS
§ 69-1. Definitions.
§ 69-2. License requirements.
§ 69-3. Fees.
§ 69-4. Display of license; transferability.
§ 69-5. Prohibitions and restrictions.
§ 69-6. Gambling devices prohibited; seizure and destruction of machine.
§ 69-7. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section 4-9
of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo and raffles — See Ch. 82.
Pool and billiards — See Ch. 174.
Licensing generally — See Ch. 150.
§ 69-1. Definitions. [Added 4-11-1990 by Ord. No. 1990-91 ]
As used in this chapter, unless the context otherwise indicates, the following terms shall have
the meanings indicated:
DISTRIBUTOR OF MACHINE JUKEBOXES — Any person, firm, corporation, partnership
or association which sets up for operation by another one or more music jukeboxes, whether
such setting up for operation, leasing or distributing is for a fixed charge or retail or on the
basis of a division of the income derived from such jukeboxes or otherwise.
DISTRIBUTOR OF MECHANICAL AMUSEMENT DEVICES — Any person, firm,
corporation, partnership or association which sets up for operation by another one or more
mechanical amusement devices, whether such setting up for operation, leasing or distributing
is for a fixed charge or retail or on the basis of a division of the income derived from such
mechanical amusement device or otherwise.
JUKEBOX — Any music-vending machine, contrivance or device which, upon the insertion
of a coin, slug, token, plate, disc or key into any slot, crevice or other opening or by the
payment of any price, operates or may be operated for the emission of song, music or similar
amusement.
MECHANICAL AMUSEMENT DEVICE — Any machine which, upon the insertion of a
coin, slug, token, plate or disc, may be operated by the public generally for use as a game,
entertainment or amusement, whether or not registering a score. It shall include such devices
as marble machines, mechanical bowling machines and all games, operations or transactions
similar thereto under whatever name they may be indicated.
1. Editor's Note: This ordinance also repealed former § 69-1, Definitions.
69:1
§ 69-1 BUTLER CODE § 69-2
OPERATOR — Any person in whose place of business any machine, jukebox or mechanical
amusement device is played for public patronage or is placed or kept for operation by the
public.
§ 69-2. License requirements.
A. Distributor of mechanical amusement devices.
(1) License required. No distributor of mechanical amusement devices shall distribute to
any person or to the owner, occupant, lessee or licensee of any premises in the Borough,
for the purpose of operation thereof, any mechanical amusement devices without first
having obtained from the Mayor and Borough Council a license to do so.
(2) Application for license. In addition to the information required in § 150-2,
Applications, of Chapter 150, Licensing, the application for the distributor of mechanical
amusement devices shall contain the following information:
(a) If the applicant is an individual, the age, date and place of birth of the
applicant. If the applicant is a firm, partnership or association, the names and
addresses, ages, places of birth of all members of such firm, partnership or
association. If the applicant is a corporation, the name and address of the
registered agent, the addresses, ages and places of birth of all the
stockholders of the corporation owning 10% or more of all of the issued and
outstanding capital stock of the corporation.
(a) The particular number of mechanical amusement devices which the applicant
will distribute in the Borough.
B.
Distributor of machine jukeboxes.
(1) License required. No distributor of machine jukeboxes shall distribute to any
person or to the owner, occupant, lessee or licensee of any premises in the
Borough, for the purpose of operation thereof, any machine jukeboxes without first
having obtained from the Mayor and Borough Council a license to do so.
(2) Application for license. The application for such license shall contain the
information contained in § 150-2, Applications, of Chapter 150, Licensing, and
Subsection A(1) of this section.
C.
Operators.
(1) License required. No operator shall display for public patronage or keep for
operation any machine jukebox or mechanical amusement device without first
having obtained a license to do so from the Mayor and Borough Council.
(2) Application for license. The application for such license shall contain the
information as required in § 150-2, Applications, of Chapter 150, Licensing, and
Subsection A(1) of this section.
(3)
In addition to these provisions, the application shall also contain:
69:2
§ 69-2
AMUSEMENTS
§ 69-3
(a) The place where machine or devices are to be displayed and a description of
the type of business conducted at that place.
(b) A description of the machine to be covered by the license, mechanical
features, name of manufacturer, serial number and the name and address of
the owner of the machine.
D. Age requirement of licensee. No license or licenses in this section provided for shall be
issued to any applicant unless he is over 21 years of age and a citizen of the United
States.
§ 69-3. Fees. [Added 4-11-1990 by Ord. No. 1990-92 ]
A. Schedule of fees.
(1) Fees for distributors of mechanical amusement devices and machine jukeboxes
shall be fixed in accordance with the number of machines allowed to be distributed under
the license and in accordance with the following schedule of fees:
(a) For each mechanical amusement device, annually: $125.
(b) For each machine jukebox, annually: $20.
(2) Fees for operators of mechanical amusement devices and machine jukeboxes shall be
fixed in accordance with the number of machines allowed under the license and in
accordance with the following schedule of fees:
(a) For each mechanical amusement device, annually: $125.
(b) For each machine jukebox, annually: $10.
(3) All license fees shall be payable upon the filing of the application. In the event that the
application is denied, the fees shall be returned to the applicant, less 10%
thereof, which shall be retained by the Borough to cover the costs of the
investigation.
(4) In the event that the operator of a machine or machines is also the owner thereof,
he shall pay the operator fees as set forth above, and there shall be no distributor
fees for such machines.
B. Exceptions.
(1) There shall be no operator fee charged to veterans, charitable or religious
organizations or service clubs.
(2) If any of the organizations described in Subsection B(1) distribute a machine
jukebox or mechanical amusement, they shall pay the full distributor's fee set forth
in Subsection A(1) for each machine so distributed.
2. Editor's Note: This ordinance also repealed former § 69-3, Fees, as amended 12-6-1982 by Ord. No. 15-82.
69:3
§ 69-3
BUTLER CODE
§ 69-6
(3) Any distributor of a machine jukebox or mechanical amusement to any
organization described in Subsection B(1) shall pay the full distributor's fee set
forth in Subsection A(1).
§ 69-4. Display of license; transferability.
A. All operator's license or licenses herein provided for shall be posted permanently and
conspicuously at the location of the machine in the premises wherein the device is to be
operated or maintained to be operated.
B. Such license may be transferred from one machine or device to another similar machine upon
application to the Borough Clerk to such effect and the giving of a description and the
serial number of the new machine or device. Not more than one machine shall be operated
under one license, and the applicant or licensee shall be required to secure a license for
each and every machine displayed or operated by him.
§ 69-5. Prohibitions and restrictions.
A. No operator holding a license to operate mechanical amusement devices shall permit
persons under 16 years of age to play or operate such mechanical amusement device.
B. No operator holding a license for the operation of a machine jukebox under this chapter
shall permit the playing of jukeboxes between the hours of 3:00 a.m. and 9:00 a.m. on
any day.
C. No operator holding a license for the operation of jukeboxes or mechanical amusement
devices shall permit the playing of jukeboxes or mechanical amusement devices within
200 feet of any church, public or parochial school or playground.
D. No distributor or operator of mechanical amusement devices shall offer or permit to be
offered any prize, free games or other reward to any person playing any machine
required to be licensed by the provisions of this chapter.
§ 69-6. Gambling devices prohibited; seizure and destruction of machine.
A. Nothing in this chapter shall, in any way, be construed to authorize, license or permit any
gambling devices whatsoever, or any mechanism that has been judicially determined to be
a gambling device, or in any way contrary to law or that may be contrary to any future
laws of the State of New Jersey, including any mechanical amusement devices that dispense
any kind of payoff, prize or reward.
B. If the Chief of Police shall have reason to believe that any mechanical amusement device
is used as a gambling device, such machine may be seized by the police and impounded, and,
if upon trial of the operator for allowing it to be used as a gambling device, the operator
is found guilty, such machine shall be destroyed by the police.
69:4
§ 69-7 AMUSEMENTS § 69-7
§ 69-7. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 4-18-2006 by Ord.
No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
69:5
Chapter 72
ANIMALS
ARTICLE I
Rabies Control
§ 72-1.
Quarantine.
§ 72-2.
Destruction of rabid animals.
ARTICLE II
Impoundment Fees
§ 72-3.
Fees.
§ 72-4.
Payment
ARTICLE III
Animal Control Officer
§ 72-5.
Creation of office; term.
§ 72-6.
Duties.
ARTICLE IV
Wildlife Feeding
§ 72-7.
Purpose.
§ 72-8.
Definitions.
§ 72-9.
Prohibited conduct.
§ 72-10. Enforcement; violations and penalties.
ARTICLE V
Pet Waste
§ 72-11. Purpose.
§ 72-12. Definitions.
§ 72-13. Requirement for disposal.
§ 72-14. Exemptions.
§ 72-15. Enforcement; violations and penalties.
ARTICLE VI
Pet Waste
§ 72-16. Definitions.
§ 72-17. License Required.
§ 72-18. Application Information.
§ 72-19. Issuance of License, Expiration Date, Revocation.
§ 72-20. Restriction of Number of Kennels.
§ 72-21. Kennel and Pet Shop License Fees.
§ 72-22. Control of Dogs Off Premise.
§ 72-23. Report to State Health Department.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in article
histories. Amended in its entirety 4-21-2020 by Ord. No. 2020-3; Amendments noted where
applicable.]
GENERAL REFERENCES
Cats — See Ch. 93.
Burial of dead animals — See Ch. 257, § 257-1.
Dogs — See Ch. 108.
72:1
§ 72-1 ANIMALS
§ 72-6
ARTICLE I
Rabies Control
[Adopted as Section 5-12 of the Revised General Ordinances of 1976]
§ 72-1. Quarantine.
Any domestic animal which bites a person shall be quarantined for 10 days. During quarantine, the
animal shall be securely confined and kept from contact with any other animal outside of their
immediate household. At the discretion of the Health Officer or Animal Control Officer the quarantine
may be on the premises of the owner or the Animal Shelter or other approved licensed facility for a fee
of $25.00 per day. If the Health Officer or Animal Control Officer requires other confinement, the
owner shall surrender the animal for the quarantine period to an animal shelter or shall, at his own
expense, place it in a veterinary hospital with approval of the Health Officer.
§ 72-2. Destruction of rabid animals.
If a veterinarian suspects rabies in a domestic animal in quarantine, then the animal shall be humanely
killed, and the head of such animal sent to a laboratory for pathological examination and confirmation
of the diagnosis.
ARTICLE II
§ 72-3 Fees
A fee of $30 shall be charged to the owner of any animal which is picked up by the Animal Control or
police as a stray, and a fee of $5 shall be charged to the owner per day for each night an animal is
boarded at the municipal shelter.
§ 72-4. Payment.
The fees set forth in § 72-3 shall be paid by the owner of an animal prior to return, proof of ownership
must be provided prior to return of said animal.
ARTICLE III
Animal Control Officer
[Adopted 5-5-1987 by Ord. No. 7-87]
§ 72-5. Creation of office; term.
The position of Animal Control Officer is hereby created. The Borough Council may contract for the
services of the Animal Control Office.
§ 72-6. Duties.
The Animal Control Officer shall take into custody and impound or cause to be taken into custody and
impounded and thereafter destroyed or disposed of as provided in this section:
A. Any dog off the premises of the owner of the person keeping or harboring said dog which said
official or his agent or agents have reason to believe is a stray dog.
B. Any dog off the premises of the owner or of the person keeping or harboring said dog without
current registration tag on his collar.
C. Any female dog in season off the premises of the owner or of the person keeping or harboring said
dog.
72:2
§ 72-6 ANIMALS
§ 72-8
D. Any dog or other animal which is suspected to be rabid.
E. Ill, injured or threatening dogs.
(1) Any dog or other animal off the premises of the owner reported to, or observed by, a certified
Animal Control Officer to be ill, injured or creating a threat to public health, safety or welfare or
otherwise interfering with the enjoyment of property.
(2) If any animal so seized wears a collar or harness having inscribed thereon or attached thereto the
name and address of any person or a registration tag of the owner or the person keeping or harboring
said animal is known, any person authorized by the governing body shall forthwith serve on the person
whose address is given on the collar or on the owner or the person keeping or harboring said animal, if
known, a notice in writing stating that the animal has been seized and will be liable to be disposed of
or destroyed if not claimed within seven days after the service of the notice.
(3) A notice under this section may be served either by delivering it to the person on whom it is to be
served, or by leaving it at the person's usual or last known place of abode or at the address given on the
collar, or by forwarding it by post in a prepaid letter addressed to that person at his usual or last known
place of abode or to the address given on the collar.
(4) When any dog so seized has been detained for seven days after notice, when notice can be given as
above set forth, or has been detained seven days after seizure, when no notice has been given as above
set forth, and if the owner or person keeping or harboring said dog has not claimed said dog and paid
all expenses incurred by reason of its detention. No dog or other animal so caught and detained or
procured, obtained, sent or brought to a shelter shall be sold or otherwise made available for the
purpose of experimentation. Any person who sells or otherwise makes available any such dog or other
animal for the purpose of experimentation shall be guilty of a disorderly persons offense.
(5) After observation, any animal seized under this section suspected of being rabid shall be
immediately reported to the Health Officer.
F. The Animal Control Officer shall also have all such duties and authorities held by the Borough's
Dog Warden
ARTICLE IV
Wildlife Feeding
[Adopted 5-20-2003 by Ord. No. 2003-13; amended in its entirety 5-16-2006 by Ord. No.
2006-11]
§ 72-7. Purpose.
The purpose of this article is to prohibit the feeding of unconfined wildlife in any public park
§ 72-8. 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.
72:3
§ 72-8 ANIMALS
§ 72-12
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
§ 72-9. Prohibited conduct.
A. No person shall feed, in any public park or on any other property either public or private in the
Borough of Butler, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos,
parks or rehabilitation centers), or unconfined wildlife at environmental education centers.
B. No person shall feed wild geese, ducks or other waterfowl anywhere in the Borough, either on
public or private property. This shall not be construed to prohibit humane acts in individual cases, such
as the temporary nurturing of a wounded or abandoned waterfowl on one's own premises.
§ 72-10. Enforcement; violations and penalties.
A. This ordinance shall be enforced by Animal Control, the Health Department and the Police
Department of Butler or any other designated official.
B. Any person found to be in violation of this ordinance shall be ordered to cease the feeding
immediately subject to penalties. Any person, firm or corporation who is found to be in violation of
any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $1,000
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 article and each day the same is
violated shall be deemed and taken to be a separate and distinct offense.
ARTICLE V
Pet Waste
[Adopted 5-16-2006 by Ord. No. 2006-11]
§ 72-11. Purpose.
The purpose of this article is to establish requirements for the proper disposal of pet solid waste in
Borough of Butler, so as to protect public health, safety and welfare, and to prescribe penalties for
failure to comply.
§ 72-12. 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.
IMMEDIATE — 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.
72:4
§ 72-12 ANIMALS
§ 72-18
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.
§ 72-13. 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.
§ 72-14. Exemptions.
Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the
provisions of this article while such animal is being used for that purpose.
§ 72-15. Enforcement; violations and penalties.
A. This ordinance shall be enforced by Animal Control, the Health Department and the Police
Department of Butler or any other designated official.
B. Any person, firm or corporation who is found to be in violation of any of the provisions of this
article shall, upon conviction, be punished by a fine not to exceed $1,000 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 article and each day the same is violated shall be
deemed and taken to be a separate and distinct offense.
ARTICLE VI
Kennels, Pet Shops, Shelters and Pounds
§ 72-16. Definitions.
KENNEL — Any establishment wherein or whereon the business of boarding or selling dogs or
breeding dogs for sale is carried on, except a pet shop.
PET SHOP — Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs
and or cats for sale are kept or displayed.
POUND — An establishment for the confinement of dogs and or cats seized either under the
provisions of this chapter or otherwise.
SHELTER — Any establishment where dogs and or cats are received, housed and distributed.
§72-17 License Required.
Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or a pound shall,
in the case of a renewal of the license, apply to the Health Department. Application for the creation of
new establishments shall be made to the Mayor and Council of the Borough. Any person holding such
license shall not be required to secure individual licenses for dogs owned by such licensee and kept at
such establishments. [Amended 12-21-1999 by Ord. No. 1999-27]
72:5
§ 72-18 ANIMALS
§ 72-23
§72-18 Application Information.
Application information. The application shall describe the premises where the establishment is
located or is proposed to be located, the purpose or purposes for which it is to be maintained and shall
be accompanied by the written approval of an Officer of the Borough Health Department, showing
compliance with the local and state rules and regulations governing location of and sanitation at such
establishments.
§72-19 Issuance of License, Expiration Date, Revocation.
All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the
establishment is maintained, and all such licenses shall expire on the last day of January of each year
and be subject to revocation by the Mayor and Council on recommendations of the State Department
of Health or the Board of Health of the Borough for failure to comply with the rules and regulations of
the State Department of Health or the Board of Health of the Borough, governing the same after the
owner has been afforded a hearing by either the State Department of Health or the Board of Health of
the Borough.
§72-20 Restriction of Number of Kennels.
Restriction of the number of kennels in Borough. The number of kennel licenses issued and
outstanding at the same time in the Borough shall not exceed two, provided that this provision shall
not affect presently issued and outstanding licenses as to their renewal, transfer to another person or
the renewal of the same by the transferee. Transfer of a license to different premises by a licensee or
transferee may be effected upon approval by the Mayor and Council, as hereinbefore provided in the
case of original applications relating thereto.
§72-21 Kennel and Pet Shop License Fees.
F. License fees for kennels and pet shops. The annual license fee for a kennel providing
accommodations for five or fewer dogs shall be $10; for more than five dogs, $25. The annual license
fee for a pet shop shall be $10. No fee shall be charged for a shelter or a pound.
§72-22 Control of Dogs Off Premises.
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on a
leash or in a crate or other safe control, ie a physical leash or restraint.
§72-23 Report to State Health Department.
The Health Officer shall forward to the State Department of Health a list of all kennels, pet shops,
shelters and pounds licensed within 30 days after the licenses therefor are issued, which list shall
include the names and addresses of the licensees and the kind of license issued.
[Amended 12-21-1999 by Ord. No. 1999-27]
72:6
Chapter 73
FILMING
§ 73-1.
Definitions.
§ 73-8.
Waiver of requirements of
chapter by Administrator.
§ 73-2.
Permit required.
§ 73-9.
Copies of permit;
inspections.
§ 73-3.
Issuance of permits.
§ 73-10.
Reimbursement of certain
costs.
§ 73-4.
Interference with public
activity; notice of filming.
§ 73-11.
Special regulations for
major motion pictures.
§ 73-5.
Filming in residential zones.
§ 73-12.
Fees.
§ 73-6.
Refusal to issue permit;
employment of patrolmen
and electrician.
§ 73-13.
Violations and penalties.
§ 73-7.
Appeals.
Adopted by the Mayor and Council of the Borough of Butler 4-15-2025 by Ord. No.
2025-02
§ 73-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
FILMING — The taking of still or motion pictures either on film or videotape or similar
recording medium, for commercial or educational purposes intended for viewing on
television, in theaters or for institutional uses. The provisions of this chapter shall not be
deemed to include the "filming" of news stories within the Borough of Butler.
MAJOR MOTION PICTURE — Any film which is financed and/or distributed by a major
motion picture studio, including but not limited to the following:
A.
Universal Pictures.
B.
Warner Brothers, including New Line Cinema, Castle Rock Cinema, Village Road Show
and Bel-Aire.
C.
Paramount, including MTV Films and Nickelodeon Movie.
D.
20th Century Fox, including Fox Searchlight.
E.
Sony/Columbia.
F.
Disney/Miramax.
G.
MGM — United Artists.
H.
Dreamworks.
I.
Any film for which the budget is at least $5,000,000.
J.
Recurrent weekly television series programming.
PUBLIC LANDS — Any and every public street, highway, sidewalk, square, public park or
playground or any other public place within the Borough which is within the jurisdiction and
control of the Borough of Butler.
73-1
§ 73-2 FILMING
§ 73-3
§ 73-2. Permit required.
A.
No person or organization shall film or permit filming on public or private land within the
Borough of Butler without first having obtained a permit from the office of the Municipal Clerk,
which permit shall set forth the approved location of such filming and the approved duration of
such filming by specific reference to date or dates. No permit shall authorize filming for more
than three consecutive days in any one location and in no event shall filming at one location
within the Borough exceed a total of six days in any one calendar year, regardless of the
number of permits utilized in reaching this six-day maximum. Either or both of the three-
consecutive-day and the six- day limitations may be extended only if the filming requested
constitutes a major motion picture as defined by § 73-11 of this chapter. Said permit must be
readily available for inspection by Borough officials at all times at the site of the filming.
B.
All permits shall be applied for and obtained from the office of the Municipal Clerk during
normal business hours. Applications for such permits shall be in a form approved by the
Municipal Clerk and be accompanied by a permit fee in the amount established by this chapter
in § 73-12 herein.
C.
If a permit is issued and, due to inclement weather or other good cause, filming does not in
fact take place on the dates specified, the Municipal Clerk may, at the request of the applicant,
issue a new permit for filming on other dates subject to full compliance with all other provisions
of this chapter. No additional fee shall be paid for this permit.
§ 73-3. Issuance of permits.
A.
No permits will be issued by the Municipal Clerk unless applied for prior to five days before the
requested shooting date; provided, however, that the Borough Administrator may waive the
five-day period if, in his judgment, the applicant has obtained all related approvals and
adjacent property owners or tenants do not need to be notified.
B.
No permit shall be issued for filming upon public lands unless the applicant shall provide the
Borough with satisfactory proof of the following:
(1) Proof of insurance coverage as follows:
(a) For bodily injury to any one person in the amount of $500,000 and any occurrence
in the aggregate amount of $1,000,000.
(b) For property damage for each occurrence in the aggregate amount of $300,000.
(2) An agreement, in writing, whereby the applicant agrees to indemnify and save harmless
the Borough of Butler from any and all liability, expense, claim or damages resulting from
the use of public lands.
§ 73-3 FILMING
§ 73-6
(3) The posting of cash of $500 or a maintenance bond of $500 running in favor of the
Borough and protecting and insuring that the location utilized will be left after filming, in
a satisfactory condition, free of debris, rubbish and equipment, and that due observance
of all Borough ordinances, laws and regulations will be followed. Within 21 days of the
completion of the filming, the Borough will return the bond if there has been no damage
to public property or public expense caused by the filming.
(4) The hiring of an off-duty Butler police officer for the times indicated on the permit.
C.
The holder of the permit shall take all reasonable steps to minimize interference with the free
passage of pedestrians and traffic over public lands and shall comply with all lawful directives
issued by the Butler Police Department with respect thereto.
§ 73-4. Interference with public activity; notice of filming.
A.
The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience
or discomfort to adjoining property owners attributable to such filming and shall, to the extent
practicable, abate noise and park vehicles associated with such filming off the public streets.
B.
The holder shall avoid any interference with previously scheduled activities upon public lands
and limit, to the extent possible, any interference with normal public activity on such public
lands. Where the applicant’s production activity, by reason of location or otherwise, will
directly involve and/or affect any businesses, merchants or residents, these parties shall be
given written notice of the filming at least three days prior to the requested shooting date and
be informed that objections may be filed with the Municipal Clerk, said objections to form a
part of applicant’s application and be considered in the review of the same. Proof of service of
notification to adjacent owners shall be submitted to the Municipal Clerk within two days of
the requested shooting date.
§ 73-5. Filming in residential zones.
Filming in residential zones shall be permitted Monday through Friday between the hours of
7:00 a.m. and 9:00 p.m., provided that all requests for night scenes shall be approved in
the permit to be granted in accordance with § 73-8 hereof. The setup, production and
breakdown required by all filming shall be included in the hours as set forth herein.
§ 73-6. Refusal to issue permit; employment of patrolmen and electrician.
A.
The Borough Administrator may refuse to issue a permit whenever he determines, on the basis
of objective facts and after a review of the application and a report thereon by the Police
Department and by other Borough agencies involved with the proposed filming site, that
filming at the location and/or the time set forth in the application would violate any law or
ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties,
unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the
public’s health, safety or welfare.
73-2
§ 73-6
FILMING § 73-9
B.
Further, the Borough reserves the right to require one or more on-site patrolmen in situations
where the proposed production may impede the proper flow of traffic, the cost of said
patrolman to be borne by the applicant as a cost of production. Where existing electrical power
lines are to be utilized by the production, an on-site licensed electrician may be similarly
required if the production company does not have a licensed electrician on staff.
§ 73-7. Appeals.
A.
Any person aggrieved by a decision of the Borough Administrator denying or revoking a permit
or a person requesting relief pursuant to § 73-8 may appeal to the Borough Council. A written
notice of appeal setting forth the reasons for the appeal shall be filed with the Administrator.
B.
An appeal from the decision of the Administrator shall be filed within 10 days of the
Administrator's decision. The Borough Council shall set the matter down for a hearing within
30 days of the day on which the notice of appeal was filed. The decision of the Borough Council
shall be in the form of a resolution supporting the decision of the Borough Administrator at the
first regularly scheduled public meeting of the Borough Council after the hearing on the appeal,
unless the appellant agrees in writing to a later date for the decision. If such a resolution is not
adopted within the time required, the decision of the Administrator shall be deemed to be
reversed, and a permit shall be issued in conformity with the application or the relief pursuant
to § 73-8 shall be deemed denied.
§ 73-8. Waiver of requirements of chapter by Administrator.
The Borough Administrator may authorize filming other than during the hours herein described.
In determining whether to allow an extension of hours under this section, the Administrator
shall consider the following factors:
A.
Traffic congestion at the location caused by vehicles to be parked on the public street.
B.
Applicant's ability to remove film-related vehicles off the public streets.
C.
When the applicant is requesting restrictions on the use of public streets or public parking
during the course of the filming.
D.
Nature of the film shoot itself; e.g., indoor or outdoor; day or night; on public or private lands.
E.
Prior experience of the film company/applicant with the Borough, if any.
F.
Consultation with the Council-Ward representative wherein the filming is to take place.
§ 73-9. Copies of permit; inspections.
Copies of the approved permit will be sent to the Police and Fire Departments before filming
takes place and to the New Jersey Film Commission. The applicant shall permit the Fire
Prevention Bureau or other Borough inspectors to inspect the site and the equipment to be
used. The applicant shall comply with all safety instruction issued by the Fire Prevention
Bureau or other Borough inspectors.
73-3
§ 73-10 FILMING
§ 73-13
§ 73-10. Reimbursement of certain costs.
In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse
the Borough for any lost revenue, such as parking meter revenue, repairs to public property
or other revenues that the Borough was prevented from earning because of filming.
§ 73-11. Special regulations for major motion pictures.
A.
When filming is requested with respect to a major motion picture, the approved location of
such filming and approved duration of such filming by specific reference to day or dates may
exceed three consecutive days and/or may exceed six days in duration if approved by the
Borough Administrator in his or her discretion following a favorable review of the factors set
forth in § 73-8 herein.
B.
Any days necessary to be used for setup and preparation for a major motion picture filming
may, in the discretion of the Administrator, be counted as a filming day where such setup is
anticipated to involve one or more of the factors set forth in § 73-8 hereof.
§ 73-12. Fees.
The schedule of fees for the issuance of permits authorized by this chapter are as follows:
A.
Basic filming permit: $150. Where an applicant requests a waiver of the provision of § 73-3A
requiring expedited processing of a permit application within 24 hours of the filming date, the
basic filming permit fee for processing the application on an expedited basis shall be $500
B.
Daily filming fee payable in addition to the basic filming permit: $250 per day.
C.
Daily filming fee payable for major motion picture: $500 per day.
D.
Filming permit for nonprofit applicants filming for educational purposes (no daily rate required):
$25.
§ 73-13. Violations and penalties.
Any person who violates any provision of this chapter shall, upon conviction thereof, be
punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a
term not exceeding 90 days, or a period of community service not exceeding 90 days, or any
combination thereof as determined by the Municipal Court Judge. Each day on which a
violation of an ordinance exists shall be considered a separate and distinct violation and shall
be subject to imposition of a separate penalty for each day of the violation as the Municipal
Court Judge may determine.
73-4
Chapter 77
CLOTHING BINS
§ 77-1. Permits Required.
§ 79-2. Issuance of a permit
§ 79-3. Permit Renewal
§ 79-4. Display of information on bin.
§ 79-5. Complaints
§ 79-6. Penalties
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 12-23-2008 by
Ord. No. 2008-18. Amendments noted where applicable.]
§ 77-1 Permit required.
Notwithstanding any other provision to the contrary, no person shall place, use or employ a
donation clothing bin, for solicitation purposes, unless all of the following requirements are met:
A. The donation clothing bin is owned by a charitable organization registered with the
Attorney General of the State of New Jersey pursuant to P.L. 1994, c. 16; and
B. The registered charitable organization has obtained a permit for a period of one year, issued
by the Borough Clerk upon the approval of the Borough Council.
§ 77-2 Issuance of permit.
A. An application for a permit shall include the following information:
1) The location where the bin would be situated, possible; as precisely as possible;
2) The manner in which the charitable organization anticipates any other donations
collected via the bin would be used, sold or dispersed, and the method by which the
proceeds of collected donations would be allocated or spent;
3) The name and telephone number of the bona fide office of the applicant and of
any entity which may share or profit from any clothing or other donations collected
via the bin;
4) The schedule of pick-ups removing the articles from the bins, which can be no less
often than once per week, and the name and telephone number of the person to be
notified if the bin is overflowing prior to the scheduled date of pick-up; and
5) Written consent from the property owner, or the owner's authorized representative, to
place the bin on his/her property; and
6) Proof of registration with the Attorney General as a charitable organization.
B. The Council shall not grant an applicant for a permit to place, use, or
employ a donation clothing bin if it determines that the placement of the bin
could constitute safety hazard. Such safety hazards shall include, but are not
limited to, the placement of a donation clothing bin in parking spaces,
in any area that interferes with pedestrian or vehicular traffic, or
any place which stores large amounts of, or sells, fuel or other
flammable liquids or gases
77:1
§ 77-2
BUTLER CODE
§ 77-5
C. The fee for such application for the permit shall be $10.00 per organization.
§ 77-3 Permit renewal.
An expiring permit for a donation clothing bin may be renewed by a charitable organization on an
annual basis upon payment of $5.00 per organization. The application shall include the following
information:
A. The location where the bin is situated, as precisely as possible, and, if applicant intends to
move it, the new location where the bin would be situated after the renewal is granted;
B. The manner in which the entity has used, sold or dispersed any clothing or other donations
collected via the bin, the method by which the proceeds of collected donations have been
allocated or spent, and any changes the entity anticipates it may make in these processes
during the period covered by the renewal;
C. The name, and telephone number of the bona fide office of the applicant and any entity which
shared or profited from any clothing or other donations collected via the bin, and of any
entities which may do so during the period covered by the renewal;
D. The schedule of pick-ups removing the articles from the bins, which can be no less often than
once per week, and the name and telephone number of the person to be notified if the bin is
overflowing prior to the date of pick-up;
E. Written consent from the property owner, or the owner's authorized representative, to place
the bin on his/her property; and
F. Proof of charitable registration with the Attorney General as a charitable organization.
§ 77-4 Display of information in bin.
The following information shall be clearly and conspicuously displayed on the exterior of the
donation clothing bin:
A. The permit number and expiration date;
B. The information required to be displayed on the bin in N.J.S.A. 40:48-2.61.
§ 77-5 Complaints.
A. The Borough Council shall receive and investigate, within thirty (30)
days, any complaints from the public about a clothing bin.
77:2
§ 77-5
BUTLER CODE
§ 77-6
B. Whenever it appears to the Borough Council that a person or entity has engaged in, or is
engaging in any act or practice in violation of this ordinance, the entity who placed the bin
shall be issued a warning, stating that if the violation is not rectified or if a hearing before the
Borough Council is not requested within forty- five (45) days, the clothing bin will be seized
or removed at the expense of the entity who placed the bin, and any clothing or other
donations collected via the bin will be sold at public auction or otherwise disposed of.
C. In addition to any other means used to notify the person or entity who placed the bin, such
warning shall be affixed to the exterior of the bin itself. In the event that the entity who
placed the bin does not rectify the violation or request a hearing within forty-five (45) days
of the posting of the warning, the Borough Council may order the bin seized, remove
it, or have it removed at the expense of the entity who placed the bin, and sell it at public
auction or otherwise dispose of any clothing or other donations collected via the bin. Any
proceeds from the sale of the donations collected via the bin shall be paid to the Chief
Financial Officer of the Borough.
§ 77-6 Penalties.
In addition to any other penalties or remedies authorized by law, any person or entity who violates any
provision of this ordinance shall be a) subject to a penalty of up to twenty thousand dollars
($20,000.00) for each violation pursuant to N.J.S.A. 40:48-2.60 et seq. The Borough may bring this
action in the Municipal Court or the Superior Court as a summary proceeding under the Penalty
Enforcement Law of 1999. Any penalty moneys collected therefrom shall be paid to the Chief
Financial Officer of the Borough. An entity violating this Chapter shall be deemed ineligible to place,
use, or employ a donation clothing bin for solicitation purposes pursuant to N.J.S.A. 40:48-2.61 et
seq. An entity disqualified from placing, using, or employing a donation clothing bin by violating the
provisions of N.J.S.A. 40:48-2.60 et seq. may apply to the Borough Council to have eligibility
restored. The Borough Council may restore the eligibility of an entity who a) acts within the public
interest; and b) demonstrates that they have made a good faith effort to comply with the provisions of
N.J.S.A. 40:48-2.60 et seq. and all other applicable laws and regulations and has no fraudulent
intentions.
77:3
Chapter 78
FERTILIZER
§ 78-1. Definitions.
§ 78-2. Prohibited Conduct.
§ 78-3. Phosphorus Fertilizer Application.
§ 78-4. Enforcement.
§ 78-5. Violations and Penalties
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 12-19-2010 by
Ord. No. 2010-2. Amendments noted where applicable.]
§ 78-1 Definitions.
For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall
have the meanings stated herein unless their use in the text of this Ordinance 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, except that the buffer may
be reduced to 10 feet in width provided that a drop spreader is used for fertilizer application.
COMMERCIAL FARM - a farm management unit producing agricultural or horticultural
products worth $2,500 or more annually.
FERTILIZER - means 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 P205,
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.
WATERBODY- a surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay
or estuary.
78:1
§ 78-2
BUTLER CODE
§ 78-3
§ 78-2 Prohibited Conduct.
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 waterbody.
D. Apply fertilizer more than 15 days prior to the start of or at any time after the end of the
recognized growing season (March 15 to October
31).
§ 78-3 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, or
b.
re-established 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.
78:2
§ 78-4
BUTLER CODE
§ 78-5
§ 78-4 Enforcement.
This ordinance may be enforced by Police or other Borough Officials.
§ 78-5 Violations and Penalties.
Any person(s) found to be in violation of the provisions of this ordinance shall be subject to
violations and penalties as provided for in Chapter 230.
78:3
Chapter 79
BICYCLES, MOTORIZED
§ 79-1. Definitions.
§ 79-2. Regulations.
§ 79-3. Safety devices.
§ 79-4. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 10-19-1976 by
Ord. No. 76-15. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 160.
Vehicles and traffic generally — See Ch. 225.
Parks and recreation areas — See Ch. 168.
§ 79-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
MOTORIZED BICYCLE — A pedal bicycle having a helper motor characterized in that
either the maximum piston displacement is less than 50 cubic centimeters or said motor is
rated at no more than 1.5 brake horsepower and capable of or designed for a maximum speed
of no more than 25 miles per hour.
§ 79-2. Regulations.
The following regulations shall apply to the operation of motorized bicycles in the Borough of
Butler:
A. Operation.
(1) Every person riding a motorized bicycle upon a public roadway shall be subject to all
of the duties applicable to such vehicles by the laws of New Jersey set forth in N.J.S.A.
39:4-14.3 and 39:4-10 et seq. Motorized bicycles shall not be used upon interstate
and primary highways or upon the railroad or right-of-way of an operating
railroad.
(2) Motorized bicycles shall not be operated by a person under 15 years of age.
(3) Every person operating a motorized bicycle shall at all times operate said
motorized bicycle with due regard for the safety of other persons and vehicles lawfully
upon the streets, highways and public places, as well as for his or her own safety, and
shall at all times and under all conditions yield the right-of-way to pedestrians.
B. Signs.
79:1
§ 79-2
BUTLER CODE
§ 79-2
(1) Any person operating a motorized bicycle shall obey the instructions of official
traffic control signals, signs and other control devices applicable to vehicles, unless
otherwise directed by a police officer.
(2) Whenever authorized signs are erected indicating that no right or left or U-turn is
permitted; no persons operating a motorized bicycle shall disobey the direction of any
such sign, except where such person dismounts from the bicycle to make any such turn,
in which event such person shall then obey the regulations applicable to pedestrians.
C.
Method of riding.
(1) A person propelling a motorized bicycle shall not ride other than astride a
permanent and regular seat attached thereto.
(2) No motorized bicycle shall be used to carry more persons at one time than the
number for which it is designed and equipped.
D. Riding on roadways.
(1) Every person operating a motorized bicycle upon a roadway shall ride as near to the
right-hand side of the roadway as practicable, exercising due care when passing a
standing vehicle or one proceeding in the same direction.
(2) Persons riding motorized bicycles upon a roadway shall ride in single file except on
paths or parts of roadways set aside for the exclusive use of motorized bicycles.
(3) Whenever a usable path for motorized bicycles has been provided adjacent to a roadway,
motorized bicycle riders shall use such path and shall not use the roadway.
E.
No person shall operate a motorized bicycle at a speed greater than is reasonable and prudent
under the conditions then existing.
F.
The operator of a motorized bicycle emerging from an alley, driveway or building shall, upon
approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-
way to all pedestrians approaching on said sidewalk area and, upon entering the roadway, shall
yield the right-of-way to all vehicles approaching on said roadway.
G. No person riding upon any motorized bicycle shall attach the same or himself to any streetcar
or vehicles upon a roadway.
H. No person operating a motorized bicycle shall carry any package, bundle or article which prevents
the rider from keeping at least one hand upon the handle bars, nor shall any person ride with
his feet removed from the pedals or with both hands removed from the handlebars, nor shall any
person engage in trick or fancy riding in the street.
I.
No operator of a motorized bicycle shall leave a motorized bicycle lying or standing upon
the sidewalk in such a manner as to hinder or impede pedestrians.
J.
No person shall operate a motorized bicycle on any sidewalk or on any path or way
designated as a bicycle route.
79:2
§ 79-3 BICYCLES, MOTORIZED § 79-4
§ 79-3. Safety devices.
A. Every motorized bicycle when in use at nighttime shall be equipped with a lamp on the
front which shall emit a white light visible from a distance of at least 500 feet to the
front and with a lamp emitting a red light visible from a distance of 500 feet to the rear. In
addition to the red lamp, a red reflector may be mounted on the rear, of a type
approved by the Division of Motor Vehicles, which shall be visible from all distances
from 50 to 300 feet to the rear when directly in front of lawful upper beams of
headlamps on a motor vehicle.
B. No person shall operate a motorized bicycle unless it is equipped with a bell or other
device capable of giving a signal audible for a distance of at least 100 feet, except that a
motorized bicycle shall not be equipped with, nor shall any persons use upon a motorized
bicycle any siren or whistle.
C. Every motorized bicycle shall be equipped with a brake which will enable the operator to
make the braked wheel skid on dry, level, clean pavement.
§ 79-4. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89; 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
79:3
Chapter 82
BINGO AND RAFFLES
§ 82-1. Purpose; statutory authority.
§ 82-2. Conditions for conducting games.
§ 82-3. Violations and penalties.
§ 82-4. Authority to approve the granting of raffle and bingo licenses.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section 4-8
of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 69. Licensing generally — See Ch. 150.
§ 82-1. Purpose; statutory authority.
The Mayor and Borough Council have licensed various charitable and religious organizations
to conduct raffles and bingo in the Borough in accordance with the provisions of the Bingo
Licensing Law and the Raffles Licensing Law, N.J.S.A. 5:8-31 and 5:8-58.
§ 82-2. Conditions for conducting games.
Games of chance commonly known as "bingo" and "raffles" may be conducted in the
Borough on the first day of the week commonly known and designated as Sunday, provided
that the applicant for the license to conduct such game otherwise qualifies under the
provisions of the aforementioned statutes of the state and the Rules and Regulations of the
Legalized Games of Chance Control Commission, and specifically provided that the
organization conducting the games is a charitable, religious or other organization specifically
qualifying under the provisions of the aforementioned statutes.
§ 82-3. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 4-18-2006 by
Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
§ 82-4. Authority to approve the granting of raffle and bingo licenses. [Added
9-19-2006 by Ord. No. 2006-25]
The Borough Clerk is hereby delegated the authority to approve the granting of raffle and
bingo licenses within the Borough of Butler.
82:1
Chapter 85
BOROUGH OFFICIALS, INTERFERENCE WITH
§ 85-1. Interference prohibited.
§ 85-2. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section
3-12 of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Court — See Ch. 16.
Board of Health — See Ch. 25.
Fire Department — See Ch. 21.
Police Department — See Ch. 40.
§ 85-1. Interference prohibited.
No person shall interfere with, hinder, disturb or obstruct the proceedings, functions or
deliberations of the Borough Council, the Board of Health or any other official body of the
Borough; nor shall any person molest, obstruct, hinder or interfere with any Borough officer
or official engaged in the performance of his duty, or knowingly resist or oppose any person
authorized by law to make arrests or to serve any writ, bill, order or process when the person
so authorized is acting in the performance of his duty.
§ 85-2. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 4-18-2006 by
Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
85:1
Chapter 86
BOROUGH FACILITIES/GROUP USE PERMITS
§ 86-1. Permit required.
§ 86-2. Application.
§ 86-3. Security deposit.
§ 86-4. Alcohol.
§ 86-5. Insurance.
§ 86-6. Granting of permit.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 6-16-1998 by
Ord. No. 1998-8. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 40. Alcoholic beverages — See Ch. 67.
§ 86-1. Permit required.
No private group or organization shall be permitted to utilize any Borough facility for group
use unless and until a group use permit has been obtained from the Borough Clerk.
§ 86-2. Application.
An individual or group requesting a group use permit for Borough facilities shall file with the
Borough Clerk an application seeking approval for the use. The application shall contain the
following information:
A. The name of the applicant.
B. The address of the applicant.
C. The telephone number of the applicant.
D. The facility requested.
E. The date on which the facility is requested.
F. The type of event planned for the facility.
G. The number of participants anticipated at the event.
H. Whether any street will have to be closed in conjunction with the event.
I. Whether special police assistance will be requested for the event.
J. Whether alcohol will be consumed at the event
K. Insurance information.
86:1
§ 86-3 BUTLER CODE § 86-6
§ 86-3. Security deposit. [Amended 10-20-1998 by Ord. No. 1998-34]
A deposit of $200 must accompany an application for a group use permit. The deposit shall be
held as security for the complete clean-up of the facility following the permitted event. The
Borough Clerk may waive the posting of a security deposit for any group which has
established itself as responsible by utilizing the Borough facility on at least five prior
occasions without incident.
§ 86-4. Alcohol.
The consumption of alcohol shall be prohibited in any municipal facility unless specific
permission is obtained in conjunction with the permit and the Borough is provided with a
copy of the applicable liquor license.
§ 86-5. Insurance.
An individual or group seeking a group use permit for the use of Borough facilities must
provide the Borough with an insurance policy evidencing general liability insurance coverage
in an amount of $1,000,000.
§ 86-6. Granting of permit.
The Borough Council may grant a group use permit for the use of Borough facilities upon
finding that the applicant has met the requirements contained in this chapter and that the
issuance of the permit will not interfere with the necessary public use of the facility.
86:2
Chapter 89
BUILDINGS, NUMBERING OF
§ 89-1. Numbering system established.
§ 89-2. Designated numbers to be used.
§ 89-3. Incorrect numbers to be changed.
§ 89-4. Time limit for compliance.
§ 89-5. Determination of numbers.
§ 89-6. Rules for numbering.
§ 89-7. Size and location of number; responsibility for expense.
§ 89-8. Naming and renaming of streets.
§ 89-9. Violations and penalties; enforcement.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 12-1-1987 by
Ord. No. 21-87. Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 143.
§ 89-1. Numbering system established.
There is hereby established a numbering system for buildings in the Borough of Butler, New
Jersey, and any residents located on other private roads as of the effective date of this chapter.
§ 89-2. Designated numbers to be used.
It is hereby declared unlawful to use any new number on any building unless it is a number
designated for use on the Borough Maps for that particular location of any such building.
§ 89-3. Incorrect numbers to be changed.
Any person, firm, association or corporation now the owner of any interest in a building, or
who may hereafter acquire any such interest, is hereby charged with the obligation to change
any number or numbers now in use on any such building if such numbers are inconsistent
with the numbering system hereby established as contained on said maps. Such obligation
shall continue as long as such ownership interest continues to exist, and it is hereby declared
unlawful to use any number inconsistent with said system and maps if such use is continued
for a period of 60 days following the notification as hereafter described.
§ 89-4. Time limit for compliance.
All number changes and assignments are to be made on or before six months following the
effective date of this chapter. Notification shall be mailed, postage prepaid, to the assessed owner
or owners as determined by the last official record of the Tax Assessor, and it shall contain
a statement describing the proper number or numbers assigned to the building or lot, lots or
area of land where the building is located. In the case of conflict as to the proper
89:1
§ 89-4 BUTLER CODE § 89-6
number to be assigned to any building, the Borough Clerk shall determine the number of such
building, and this decision shall be final. The mailed notice shall include an acknowledgement
card to be returned to the office of the Borough Clerk by the owner as his acknowledgement
and notice of compliance with this chapter.
§ 89-5. Determination of numbers.
A. Whenever any house, building or structure shall be erected or located in this Borough
after the establishment of the numbering system, in order to preserve the continuity and
uniformity of members of the houses, buildings and structures, it shall be the duty of the
owner to procure the correct number or numbers as designated from the office of the Borough
Clerk for said property and to immediately affix said number or numbers so assigned for said
buildings as provided by this chapter.
B. No building permit shall be issued for any house, building or structure until the owner
has procured from the office of the Borough Clerk the official number of said house, building
or structure.
C. All subdivisions shall have house numbers assigned prior to final approval. All such
house numbers shall be shown on the site plan submitted for final approval.
D. Any structure erected, repaired, altered or modified after the effective date of this chapter shall
have the certificate of occupancy withheld by the Construction Official until permanent and
proper numbers have been affixed.
§ 89-6. Rules for numbering.
The numbering of buildings shall begin at the base line or origin of the street, and allowance
shall be made for future extension of the street and possible subdivision of lands fronting on
the street. The direction of the street is determined by drawing a line on the map from the
beginning of the street to the end of the street. If this line falls in the quadrant of northwest to
northeast and/or southeast to southwest, the street will be considered as running in a
north/south direction. If this line falls in the quadrant of northeast to southeast and/or
northwest to southwest, the street will be considered as running in an east/west direction. In
general, the following basic rules shall apply:
A. For all streets running in a northerly or southerly direction, even numbers shall be
assigned to the west side of the street and odd numbers to the east side.
B. For all streets running in a westerly or easterly direction, even numbers shall be assigned to
the north side of the street and odd numbers to the south.
C. After issuance of a number, that number shall be used hereafter for the building on that location
and no other number shall apply.
89:2
§ 89-7
BUILDINGS, NUMBERING OF
§ 89-9
§ 89-7. Size and location of number; responsibility for expense.
A. The numbers shall be a minimum of 2 1/2 inches in height, clearly visible on the
background to which they are attached, and shall be located in a prominent place on the
property so that they will be visible from the street.
B. House numbers shall be procured and affixed at the owner's expense.
§ 89-8. Naming and renaming of streets.
The Council, at any time after the adoption of this chapter, may, by resolution, change,
rename or name any street within the jurisdiction of the Borough.
§ 89-9. Violations and penalties; enforcement.
A. Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of
the Code of the Borough of Butler. [Amended 6-13-1989 by Ord. No. 20-89;
4-18-2006 by Ord. No. 2006-7]
B. The Construction Official and the Police Department of the Borough of Butler shall be
authorized to act as enforcement officers of this chapter.
89:3
Chapter 91
CANVASSERS, SOLICITORS AND PEDDLERS
§ 91-1.
Statement of purpose.
§ 91-2.
Definitions.
§ 91-3.
Permit required.
§ 91-4.
Application for permit.
§ 91-5.
Investigation; issuance of permit.
§ 91-6.
Exceptions from permit requirement.
§ 91-7.
Rules and regulations.
§ 91-8.
Expiration of permit.
§ 91-9.
Fees
§ 91-10. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 12-10-1991 by
Section 2 of Ord. No. 1991-18.1. ; amended 7-17-2018 by Ord. No. 2018-14. Amendments
noted where applicable.
GENERAL REFERENCES
Violations and penalties — See Ch. 230.
§ 91-1. Statement of purpose.
This chapter is adopted with the intent to regulate the distribution of certain materials,
peddling, soliciting and canvassing and related activities within the Borough of Butler, and the
registration of individuals and organizations engaged in such activities is hereby deemed to be
necessary so that the identity of persons going from door to door or soliciting within the
municipality 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 practice and fraudulent solicitation of funds.
§ 91-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER — Includes any person, whether a resident of the Borough or not, traveling by
foot, wagon, automotive vehicle or any other type of conveyance from place to place, from
house to house or from street to street, carrying, conveying or transporting goods, wares,
merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions,
offering and exposing the same for sale or making sales and delivering articles to purchasers
or who, without traveling from place to place, shall sell or offer the same for sale from a
wagon, automotive vehicle, railroad car or other vehicle or conveyance, and further provided
that one who solicits orders and as a separate transaction makes deliveries to purchasers as a
part of a scheme or design to evade the provisions of this chapter shall be deemed a
"peddler," subject to the provisions of this chapter. The word "peddler" shall include the
words "hawker" and "huckster."
1. Editor's Note: Section 1 of this ordinance repealed former Code chapters as follows: Ch. 171, Peddling and Hawking;
Ch. 199, Soliciting and Canvassing; and Ch. 218, Transient Merchants.
91:1
§ 91-2 BUTLER CODE § 91-4
SOLICITOR — A person, also known as a "canvasser," whether a resident of the Borough or
not, traveling either by foot, automobile, motor truck or any other type of conveyance from
place to place, from house to house or from street to street, taking or attempting to take orders
for sale of goods, wares and merchandise, personal property of any nature whatsoever for
future delivery or for services to be furnished or performed in the future, whether or not the
individual has, carries or exposes for sale a sample of the subject of the sale, with or without
accepting an advance payment for the goods. The term "solicitor" shall also include any
person who may be taking a poll or a survey from house to house or on the streets or
distributing advertisements or handbills.
§ 91-3. Permit required.
No person shall canvass, solicit or peddle in any public or quasi-public place or call from
house to house in the Borough or sell goods by sample or take orders for future delivery,
whether or not they receive advance payments for goods, unless they first receive a written
permit from the Borough Clerk as provided herein.
§ 91-4. Application for permit.
Every applicant for a permit under this section shall file with the Borough Clerk, at least two
weeks prior to the date of solicitation, a sworn written application, in duplicate, on a form to
be furnished by the Clerk, which shall give the following information:
A. The name and a description of the
applicant.
B. The permanent home address and full local address of the
applicant.
C. A brief statement of the nature of the business and a description of the merchandise
or service to be sold.
D. If employed, the name and address of the employer, together with credentials establishing
the exact relationship.
E. The length of time for which the permit is desired, which shall not exceed one
year. If a vehicle is to be used, a description of such vehicle and its license
number.
F. The place where the goods or property to be sold or offered for sale are manufactured or
produced, where such goods or property are located at the time such application is
filed and the proposed method of delivery.
G. Two photographs of the applicant taken within 60 days immediately prior to the date
of the application, which photographs shall clearly show the head and shoulders of the
applicant and shall measure two inches by two inches.
H. A statement as to whether the applicant has been convicted of any crime,
misdemeanor or violation of any municipal ordinance, the nature of the offense and the
punishment or penalty assessed therefor.
I. Information sufficient to substantiate the identity of the applicant, such as
picture identification, as well as the names of two persons who will certify as to
applicant's good
91:2
§ 91-4
CANVASSERS, SOLICITORS AND PEDDLERS
§ 91-6
character and business respectability or, in lieu of the names of references, such other
available evidence as to the good character and business responsibility of the applicant as
will enable an investigator to properly evaluate such character and business
responsibility.
§ 91-5. Investigation; issuance of permit.
A. The Borough Clerk shall forward a copy of each application to the Chief of Police, who
shall review the application and conduct an investigation of the applicant.
B. The Chief of Police shall, within 14 days of receipt of an application, notify the Borough
Clerk of the results of his investigation.
C. The Borough Clerk shall, upon payment of the fee as set out in § 91-9, issue a permit
unless the investigation by the Chief of Police reveals any of the following:
(1) Fraud, misrepresentation or false statement contained in the application for permit.
(2) Conviction of any crime or misdemeanor involving dishonesty or other actions
directly relevant to the applicant's fitness for a permit.
(3) Prior action taken by any governmental entity against the applicant for conducting
the business of soliciting or canvassing in any unlawful or fraudulent manner.
D. Any applicant denied a permit may appeal the denial to the Borough Administrator by
serving notice on the Borough Clerk of the intent to appeal. The Borough Administrator
shall then conduct a hearing on notice to all interested parties. The Borough
Administrator shall order that a permit be issued to the applicant if he finds that the
issuance of the permit will not compromise the purposes of this section.
E. Each permit shall specify the number of days it shall be effective, and a copy of the
permittee's photograph shall be attached to his permit. The permittee shall carry said
permit and shall exhibit the permit to any policeman or other resident of the Borough of
Butler upon request. The permittee shall advise the Police Department weekly of the
specific location and/or locations that he or she intends to canvass that particular week.
The person giving this information shall do so by telephone or in person to the Police
Department, by giving his or her name, permit number, name of organization, if any, and
specific location and/or locations that he or she or others shall canvass that particular
week.
§ 91-6. Exceptions from permit requirement.
The requirement of obtaining a permit as set forth in § 91-4 shall not apply to the following:
A. Nonprofit organizations.
(1) The permit requirement shall not apply to any charitable, religious, political or
other nonprofit organization holding a tax exempt status under the Federal Internal
Revenue Code of 1954, U.S.C. § 501(c) or (d), provided that there is filled out an
91:3
§ 91-6
BUTLER CODE
§ 91-7
application, in writing, with the Township Clerk containing the following
information:
(a) The name and address of the organization.
(b) The purpose for which the special permit is required.
(c) The names and addresses of the officers and directors of the corporation.
(d) The period during which the solicitation is to be carried out.
(2) Upon the filing of said application, the Borough Clerk shall issue a special permit,
without charge, for the specified period. Persons soliciting on behalf of entities set
forth in this section may do so upon receipt of the special permit, for which there shall
be no charge.
B. Any person honorably discharged from the military services of the United States
possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 45:24-10.
C. Any person who is an exempt fireman of a volunteer fire department, as defined by
N.J.S.A. 45:24-9 and 45:24-10, possessing a license in conformity with said law.
D. Any public utility or its employees, which said public utility is subject to regulation by
the State Board of Public Utility Commissioners; provided, however, that such employee
shall display the identification badge or card issued by his or her employer.
E. Any person engaged in the delivery of goods, wares or merchandise or other articles or
things in the regular course of business to the premises of persons who had previously
ordered the same or were entitled to receive the same by reason of a prior agreement.
§ 91-7. Rules and regulations.
Every person to whom a permit is issued under the terms of this chapter, including
organizations identified in § 91-6A, shall be governed by the following rules and regulations:
A. All circulars, samples, merchandise or other matters 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 peddle, except
during the hours between 10:00 a.m. and 9:00 p.m., Monday through Sunday, unless by
express invitation of the resident.
C. No person subject to the provisions of this chapter shall enter or attempt to enter the
house or apartment of any resident of the Borough of Butler without an express invitation
from the occupant of said house or apartment.
D. No person subject to the terms of this chapter shall have exclusive rights to any location
in the public streets or operate in any congested area where his operation might impede
the public.
E.
No person subject to the terms of this chapter shall make any solicitation within the
Borough limits where solicitors are notified by sign that soliciting is prohibited or which
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§ 91-7 CANVASSERS, SOLICITORS AND PEDDLERS § 91-10
is contained on a list maintained by the Borough of residences not to be solicited. The
Borough Clerk shall provide each person securing a permit or special permit with such
list and shall take suitable steps to inform the residents of the Borough that they may be
included on such list if they so choose.
F. No person subject to the terms of this chapter shall litter the streets, public places or
property within the Borough with any merchandise or printed material.
G. No person shall draw attention to his or her business or to his or her merchandise by
crying out, blowing a horn, ringing a bell other than the doorbell of a building or by any
other loud or unusual noise.
§ 91-8. Expiration of permit.
Upon the expiration of the permit, the holder thereof shall surrender it to the Borough Clerk.
§ 91-9. Fees.
The fees for a permit under this chapter shall be $50 per annum or $15 per day.
§ 91-10. Violations and penalties. [Amended 4-18-2006 by Ord. No. 2006-7]
Any person who engages in any activity regulated under this chapter without obtaining a
required permit or who engages in any activity in contravention of the rules and regulations
contained in this chapter shall be subject to the penalties set out in Chapter 230, Violations
and Penalties.
91:5
Chapter 93
CATS
§ 93-1.
Licensing provisions.
§ 93-2.
Fees.
§ 93-3.
Record book.
§ 93-4.
Failure to obtain license.
§ 93-5.
Restrictions; standards.
§ 93-6.
Impoundment; notice of seizure; destruction of certain cats.
§ 93-7.
Nuisance or Injury to Person or Property prohibited.
§ 93-8.
Enforcing Officer.
§ 93-9.
Violations and Penalties.
§ 93-10. Rabies inoculation.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section
5-11 of the Revised General Ordinances of 1976. Amended in its entirety 4-21-2020 by Ord.
No. 2020-4; Amendments noted where applicable.]
GENERAL REFERENCES
Animals generally — See Ch. 72.
Licensing generally — See Ch. 150.
Housing standards — See Ch. 136.
Littering — See Ch. 153.
§ 93-1. Licensing provisions. [Amended 5-8-1990 by Ord. No. 1990-11]
A. License required. No person shall own, harbor or maintain a cat of more than six months
of age in the Borough unless the owner thereof or the person harboring or maintaining the
cat shall have a valid or subsisting license for such cat.
B. Application for license. Each application for a license under this section shall be signed
by the owner or keeper of the cat and give the following information:
(1) A general description of the cat sought to be licensed, including breed, sex, age,
color and markings.
(2) Name, street and post office address of the owner and of the person who shall keep
and harbor such cat.
(3) Evidence of rabies vaccination in accordance with § 93-11.
§ 93-2. Fees. [Amended 9-24-1978 by Ord. No. 78-13; 9-15-1981 by Ord. No. 16-81;
6-7-1982 by Ord. No. 82-5; 4-17-1984 by Ord. No. 2-84]
A. The annual license fee for cats over six months of age shall be as follows:
(1) For each cat: $10.
93:1
§ 93-2 CATS § 93-6
(A) If accompanying the application for licensing a spayed or altered cat there shall be a
certificate from a licensed veterinary surgeon showing that such cat has been spayed
or altered to prevent procreation, the annual license fee shall be $7. No license shall
be granted for a period exceeding one year. All licenses are due on or before January
31, of the licensing year. No license shall be transferable.
B. All moneys collected will be deposited in the Borough Dog Fund.
§ 93-3. Record book. [Amended 4-17-1984 by Ord. No. 2-84]
License record. The information on the application and the license number issued for the cat
shall be preserved for a period as prescribed by the State of New Jersey. In addition, he/she
shall forward similar information to the State Department of Health, each month, on forms
furnished by the Department. The Licensing Official shall keep a record showing the names
of owners, custodians or harborers of cats, the description of each cat so owned or harbored,
the date of the issuance of the license and the amount of the fee therefor.
§ 93-4. Failure to obtain license.
No cat shall be permitted to remain within the limits of the Borough unless licensed in the
manner aforesaid. Any owner or keeper failing to have a cat or cats licensed in accordance
with the terms of this chapter or otherwise failing to comply with these provisions shall be
subject to the fine or penalty herein provided.
§ 93-5. Restrictions; standards.
No more than five cats shall be sheltered or kept by any one family group. No cat shall be
sheltered or kept that is not domesticated. The quarters where cats are kept shall be clean and
sanitary and such as not to create a health hazard or disturbance by reason of noise, odor or
other causes.
§ 93-6. Impoundment; notice of seizure of certain cats.
A. Impoundment. The Animal Control Officer shall take into custody and impound or
cause to be taken into custody or impounded or released to an owner or adopted or
released to a rescue organization or euthanized at the discretion of Animal Control
Officer.
(1) Any cat off the premises of the owner or of the person keeping or harboring the
cat,
which the Animal Control Officer has reason to believe is a stray cat.
(2) Any female cat in season off the premises of the owner or of the person keeping
or
harboring the cat.
(3) Any cat which, upon complaint by one or more residents, shall be bothering,
disturbing or causing nuisance to such resident.
93:2
§ 93-6 CATS § 93-9
B. Notice of seizure.
(1) If any cat so seized wears a collar or harness or microchip having inscribed
thereon or
attached thereto the name and address of any person or a registration tag, or the
owner or the person keeping or harboring such cat is known, the Animal Control
Officer shall forthwith serve on the person whose address is given on the collar or
on the owner or the person keeping or harboring the cat, if known, a notice in
writing that the cat has been seized and will be liable to be disposed of or
destroyed if not claimed within seven days after the service of the notice. A notice
under this section may be served either by delivering it to the person on whom it
is to be served or by leaving it at the person's usual or last known place of abode
or at the address given on the collar or by forwarding it by mail in a prepaid letter
addressed to that person at his usual or last known place of abode or to the address
given on the collar..
(2) Nothing contained herein shall be deemed to require the placing of a collar on any
cat.
C. Destruction of unclaimed cats. When any cat so seized has been detained for seven days
after notice, when notice can be given as above set forth, or has been detained for seven
days after seizure, when notice has not been and cannot be given as above set forth, and if
the owner or person keeping or harboring such cat has not claimed the cat and paid all
expenses incurred by reason of its seizure and detention, including maintenance at the
prevailing rates charged per night, and if the cat is unlicensed at the time of the seizure
and the owner or person keeping or harboring the cat has not claimed nor produced a
license tag for the cat, and paid for its seizure, detention and maintenance as above set
forth, the Animal Control Officer may cause the cat to be adopted or released to a rescue
organization or euthanized at the discretion of Animal Control Officer
§ 93-7. Nuisance or Injury to Person or Property prohibited.
No person owning, keeping or harboring any cat shall permit or allow it to trespass, causing a
nuisance on private property or do any injury to any person or to do any damage to any lawn,
shrubbery, flowers, grounds or property.
§ 93-8. Enforcing officer.
Any humane or animal control officer shall have the authority in the enforcement of this
chapter, and no person shall interfere with, hinder, molest or abuse any humane or animal
control officer in the exercise of such powers.
§ 93-9. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89; 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
93:3
§ 93-10 CATS § 93-10
§ 93-10. Rabies inoculation. [Added 5-8-1990 by Ord. No. 1990-11]
A. Inoculation required. No person shall own, possess, harbor or keep any cat within the
boundaries of the Borough over six months of age, unless the cat has been inoculated
against rabies. However, any cat may be exempt from the inoculation requirement, for
a specified period of time, by the Board of Health upon the presentation of a
certificate from a duly licensed veterinarian stating that because of infirmity or other
physical condition, the inoculation of the cat for a specified period of time is
contraindicated.
B. Certificate. Any person owning, keeping, harboring or having custody of a cat shall
obtain from the veterinarian who vaccinates the cat against rabies a certificate, within
10 days of the vaccination, or within 10 days after bringing the cat into the Borough if
the cat was vaccinated before being brought into the Borough, deliver the certificate
to the Licensing Department, where it shall remain on file as per the records retention
requirements.
C. Prerequisite to licensing. No license required for the owning and keeping of cats, by
virtue of any state law or Borough ordinance, shall be issued to any person, unless a
certificate issued by a duly licensed veterinarian, as provided in Subsection B, is
presented to and filed with the office of the Licensing Department showing that such
cat has been vaccinated against rabies in the manner provided herein and that the
vaccination is valid through October 31 of the licensing year. A rabies medical
exemption certificate issued by a duly licensed veterinarian may be accepted in lieu of
a rabies vaccination certificate.
D. Free vaccination. The Board of Health is hereby authorized and empowered to
provide free vaccination of a cat at a suitable clinic and place designated by it, to be
conducted by a licensed veterinarian of the State of New Jersey. The Department of
Health is hereby further authorized and empowered to make and adopt such rules and
regulations consistent with the terms and provisions of this section, as it may deem
proper and necessary for its enforcement.
E. Violation. Should any person owning a cat or cats omit or refuse to have the cat or
cats inoculated under the provisions of Subsection A, then each day following the
time when the inoculation should have been made as provided in this section shall
constitute a separate offense.
93:4
Chapter 101
CONSTRUCTION CODES, UNIFORM
§ 101-1. Establishment of enforcing agency; composition; permits.
§ 101-2. Appeals.
§ 101-3. Fee schedule.
§ 101-4. Fire districts.
§ 101-5. Violations and penalties.
§ 101-6. Interpretation.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 3-15-1977 by
Ord. No. 77-7. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 122.
Land use — See Ch. 143.
Housing standards — See Ch. 136.
§ 101-1. Establishment of enforcing agency; composition; permits.
Establishment of the Uniform Construction Code enforcement agency which shall enforce the
terms and conditions of the State Uniform Construction Code as set forth in Chapter 217 of
the Public Laws of 19751 and N.J.A.C. Title 5, Chapter 23, shall be as follows:
A. Pursuant to P.L. 1975, c. 217, known as the "Uniform Construction Code Act of the State of
New Jersey" (hereinafter referred to as "the Act"), there is hereby established in the Borough
of Butler a State Uniform Construction Code enforcing agency to be known as the "Borough
of Butler Building Department," consisting of a Construction Official, Building Subcode
Official, Plumbing Subcode Official, Electrical Subcode Official and Fire Protection
Subcode Official, which positions are hereby created. The Construction Official shall be the
chief administrator of the enforcing agency. He shall have the power to overrule a
determination of a subcode official based on an interpretation of a substantive
provision of the subcode which such Subcode Official administers only if the Construction
Official is qualified to act pursuant to the Act as a Subcode Official for such subcode.
He may serve as Subcode Official of any subcode which he is qualified under the Act to
administer. A Subcode Official or Municipal Engineer may serve as a Construction Official
if otherwise qualified under the provisions of the Act. Subcode Officials or assistance staff
may be employed on a full-time or part-time basis or hold other positions within the
Borough of Butler.
B. Each official position created in Subsection A hereof shall be filled by a person by
resolution of the Mayor and Council in accordance with and as 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
1. Editor's Note: See N.J.S.A. 52:27D-119 et seq.
101:1
§ 101-1
BUTLER CODE
§ 101-2
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 such position.
C. The public shall have the right to do business with the Building Department of the
Borough of Butler at its offices located in the Municipal Building, High Street, Butler,
New Jersey, except for emergencies and unforeseen or unavoidable circumstances during
regular business hours.
D. Approval of applications for permits, expiration or cancellation of permits shall be as follows:
(1) The enforcing agency shall examine each application for a construction permit. If
the application conforms to the Act, the code and the requirements of other applicable
laws, including the Zoning Ordinance,2 administrative regulations and other
ordinances, it shall be deemed a completed application, and the Construction Official
shall approve the application and shall issue a construction permit to the applicant.
Every completed application for a construction permit shall be granted, in whole or
in part, or denied within 20 business days. If a completed application is denied in
whole or in part, the Construction Official shall set forth the reason therefor in writing.
If a construction official fails to grant, in whole or in part, or deny a completed
application for a construction permit within the period of time prescribed herein, such
failure shall be deemed a denial of the application for purposes of an appeal to the
Construction Board of Appeals unless such period of time has been extended with the
consent of the applicant in writing. The enforcing agency may approve changes in
plans and specifications when so changed remain in conformity with law.
(2) A construction permit, issued in accordance with the foregoing provisions, pursuant
to which no construction has been undertaken above the foundation walls within one
year from the time of issuance, shall expire. The Construction Official may suspend,
revoke or cancel a construction permit in case of neglect or failure to comply with the
provisions of the Act or the code, or upon a finding by it that a false statement or
representation has been made in the application for the construction permit.
(3) The enforcing agency shall have all other powers as enumerated in the Act or
administrative regulations, adopted with reference thereto.
§ 101-2. Appeals.
Appeals from the decisions by the enforcing agency shall be made to the Construction Board
of Appeals of the County of Morris.
2. Editor's Note: See Part 6, Zoning, of Ch. 143, Land Use.
101:2
§ 101-3
CONSTRUCTION CODES, UNIFORM
§ 101-3
§ 101-3. Fee schedule. [Amended 2-21-1978 by Ord. No. 3-78; 2-2-1988 by Ord. No.
1-88; 11-18-1991 by Ord. No. 1991-16; 12-21-1999 by Ord. No. 1999-29; 7-16-2024 Ord.
No. 2024-16; 10-15-2024 Ord. No. 2024-20 ]
A. The fee for a construction permit shall be the sum of the subcode fees listed herein and
shall be paid before the permit is issued.
B. Building subcode fees. The fees for the building subcode shall be as follows:
(1) New structure fees. New construction permit fees shall be based upon the volume
of the structure with the fee being $0.07 per cubic foot of building or structure.
The minimum fee shall be $85.00.
(2)
Renovations, alterations, repair and minor work fees.
a) Permit fees for renovations, alterations and repairs shall be based upon the estimated cost of
the work. For the purpose of determining the estimated cost, the applicant shall submit
to the entered agency, if available, cost data produced by the architect or engineer of
record, or by a recognized estimating firm or by the contractor. A bona fide contractor's
bid, if available, shall be submitted. The enforcing agency will make the final decision
regarding estimated cost. The fee shall be as follows:
i. Estimated cost up to $50,000: $30 per $1,000.
ii. Portion of cost over $50,001: $25 per $1,000.
b) For combination of work involving new structures and existing structure work, the
sum of fees are computed separately as renovations/alterations/repairs and volume fees.
c) Installation or replacement of storage tanks up to 550 gallons for R-3/R-4:
$85.
d) Installation of underground storage tank: $85 per tank.
e) Installation or removal of combustible liquid storage tanks over 550 gallons for R uses –
Residential one and two-family dwellings: $100
f) Installation of underground storage tank for all other use groups: $100
g) Taking tank out of service, altering the piping or otherwise modifying any installation: $22 per
$1,000 of estimated cost of removal.
h) Installation of Central Air Conditioning units: $30 per $1,000
i) Installation or removal of Geothermic or Photovoltaic systems: $30 per $1,000
j) Minimum fee shall be $85
101:3
§ 101-3
BUTLER CODE
§ 101-3
C.
Plumbing subcode fees.
(1) Total number of fixtures: $30 per fixture. Fixtures to include all fixtures, pieces of
equipment or appliances connected to the plumbing system and for each appliance
connected to the gas piping or oil piping system, except as indicated below.
(2) Total number of special devices: $85 per device. Special devices include grease
traps, oil separators, refrigeration units, utility service connectors, backflow preventors,
(other than R-3/R-4), steam boilers, hot water boilers (excluding those for domestic
water heating), active solar systems, sewer pumps, interceptors and fuel oil piping.
(3) Installation of central air conditioners: $85 per unit
(4) Minimum fee shall be $85.
101:4
§ 101-3
BUTLER CODE
§ 101-3
D.
Electrical fees.
(1)
Electrical fixtures and devices* (first 25): fee is $70.
(2)
Increments of 10 additional fixtures and devices: fee is $20.
NOTES:
* Fixtures and devices to be counted for these items include lighting outlets,
wall switches, smoke detectors, fluorescent fixtures, convenience receptacles or
similar fixtures and motors or devices of one horsepower (HP) or one kilowatt
(KW) or less.
(3) For calculating the following electrical fees, all motors except those plug-in
appliances shall be counted, including control equipment, generators, transformers,
and all heating, cooking or other devices consuming or generating electrical
current.
a) Each motor or electrical device greater than one HP and less than or equal to 10 HP
and for transformers and generators greater than 1 KW and less than or equal to 10
KW: fee is $30 each.
b) Each motor or electrical device greater than 10 HP and less than or equal to 50 HP for
each service panel, service entrance or subpanel less than or equal to 200 amperes and
for all transformers and generators greater than 10 KW and less than or equal to 45
KW and for each utility load management device: fee is $75 each.
c) Each motor or electrical device greater than 50 HP and less than or equal to 100 HP,
for each service panel, service entrance or subpanel less than or equal to 200
amperes and for all transformers and generators greater than 45KW and less than or
equal to 112.5 KW: fee is $130 each.
d) Each motor or electrical device greater than 100 HP, for each
service panel, service entrance or subpanel greater than 1,000
amperes and for each transformer or generator greater than
112.5 KW: fee is $600.
e) Installation of Central Air Conditioning: $85 per unit
f) Minimum fee shall be $85.
E.
Asbestos abatement fee. The fee shall be $70 plus certificate of occupancy fee of $14.
F.
Standpipe fee. Number of standpipes fee is $229 each.
G. Fire equipment and hazardous equipment.
(1)
Smoke detectors, heat detectors and carbon monoxide detectors:
(a) One to 12 detectors: $75.
(b) Each additional detectors: $25.
101:5
§ 101-3
CONSTRUCTION CODES, UNIFORM
§ 101-3
(2) Sprinkler heads:
a. One to 20 heads: $80.
b. Twenty-one to 100 heads: $160.
c. One hundred one to 200 heads: $320.
d. Two hundred one to 400 heads: $640.
e. Over 400 heads: $1280.
(3) Independent pre-engineered systems: $125 per system.
(4) Gas- or oil-fired appliance which is not connected to plumbing system: $85 per
appliance.
(5) Kitchen exhaust system: $100 per system.
(6) Incinerators: $500 per incinerator.
(7) Crematoriums: $500 per crematorium.
(8) Fireplace installation or wood burning appliance: $80 per appliance
(9) Smoke Control System: $85 per system
(10) Storage Tanks: $85 per storage tank
(11) Flammable/Combustible Tanks: $85 per tank
(12) Minimum fee for fire permit: $85
H.
Demolition or removal permits.
(1)
For a structure less than 5,000 square feet in area and less than 30 feet in height, or
for one- or two-family residences (R-3, R-4 use) and for structures on farms: fee of
$100.
(2)
All other structures: fee of $200.
I.
Signs. Two dollars per square foot of sign. (Double-faced signs fee will be based on one
side of face) Minimum fee is $85.
J.
Certificate of occupancy fees.
(1)
The fee shall be set in the amount of 10% of permit fees for new structures, with
minimum of $35 and maximum of $200.
(2)
The fee for a certificate of occupancy granted pursuant to a change of use group
shall be $200.
(3)
The fee for a certificate of continued occupancy issued for all uses except R-3
under N.J.A.C. 5:23-2.23c shall be $200.
(4) Temporary certificate of occupancy for all uses: $50
K. Variation. The fee for an application for a variation in accordance with N.J.A.C.
5:23-2.10 shall be $594 for Class I structures, $120 for Class II structures, and $65 for
Class III structures.
L.
Lead hazard abatement.
(1)
The fee for lead abatement shall be $140.
(2)
The fee for lead abatement clearance certificate shall be $50.
101:6
§ 101-3
BUTLER CODE
§ 101-3
M. Zoning permits. The fee for zoning permits shall be as follows:
(1) Minor residential alteration.
(a) Sheds under 200 square feet, fences six feet in height or less, air condition condensers,
stand-by generators, and driveways: $10.
(b) Decks, Swimming Pools, Hot Tubs: $25.
(2) Residential additions or alterations, garages and accessory buildings: $35.
(3) New single/two-family dwelling construction: $50.
(4) Minor alterations to nonresidential structures [Signs, Awnings]: $50.
(5) Alterations to nonresidential structures, new accessory buildings: $200.
(6) New nonresidential structure construction, or addition to existing structure: $300.
(7) Change of occupancy.
(a) Nonresidential: $200. Late fee if application not received within thirty days of occupancy:
$25.
(b) Residential, per dwelling unit: $200. Re-inspection fee due to inspection failure: $25 for
each re-inspection.
(c) Residential apartment: $75. Late fee if application not received within thirty days of
occupancy: $15; if not received within ninety days of occupancy: $35.
(9) Certificate of nonconformity.
(a) Zoning Officer issued: $100.
(b) Zoning Board of Adjustment issued: $200.
101:7
§ 101-3 CONSTRUCTION CODES, UNIFORM § 101-6
N.
Miscellaneous fees.
(1) For cross connections, backflow preventors, public swimming pools, public spas
and public hot tubs that are subject to testing and require annual inspections the fee
shall be $80.
(2) In the case of discontinuance of work, all completed work will be computed. Any
excess work will be refunded except 25% of excess for cost of permit fees and
refunding.
(3) All suspensions of permits pursuant to N.J.A.C. 5:23-2.16(b) will not be refundable in
whole or in part.
(4) The replacement of residential one- and two-family dwelling mechanical
equipment shall be a total of $85 total for all subcodes combined.
(5)
Repeated failures by any subcode official that is determined by the Construction Official
to be repetitious in nature for the same work being done may be subject to additional
inspection fees of $85 per inspection after three repeated failures to the work that is being
done that is within that subcode’s jurisdiction.
O.
State training fees. Fees shall be pursuant to current regulations of N.J.A.C. 5:23-4.19.
P.
Engineering fees. Fees for engineering review: cost of work performed up to $200.
Q.
Special off-hours inspection fees. Fees to be determined by the Construction Official prior to
any inspection and to be determined based on request.
§ 101-4. Fire districts.
Pursuant to N.J.A.C. 5:23-47, the fire limits as disclosed on the attached map entitled "Fire
Limit District, Borough of Butler, Morris County, New Jersey, March 1981" prepared by
Hirth Weidener Associates, which map is hereby adopted and incorporated herein,3 are hereby
established.
§ 101-5. Violations and penalties.
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
§ 101-6. Interpretation.
The powers enumerated in the Act shall be interpreted broadly to effectuate the purposes
thereof.
3. Editor's Note: Said map disclosing the fire limits in the Borough of Butler is on file in the office of the Borough Clerk
and may be examined there during regular office hours.
101:8
Chapter 101A
CURFEW, JUVENILE
§ 101A-1. Definitions.
§ 101A-2. Unlawful actions.
§ 101A-3. Exceptions.
§ 101A-4. Violations and penalties.
§ 101A-5. Custody.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 7-19-1994 by
Ord. No. 1994-7. Amendments noted where applicable.]
§ 101A-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
GUARDIAN — A person, other than a parent, to whom legal custody of the juvenile has
been given by court order or who is acting in the place of the parent and is responsible for the
care and welfare of the juvenile.
JUVENILE — An individual who is under the age of 17 years.
PUBLIC PLACE — Any place to which the public has access, including but not limited to a
public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping
area, public transportation facility, vehicle used for public transportation, parking lot or any
other public building, structure or area.
§ 101A-2. Unlawful actions.
A. It shall be unlawful for a juvenile to be on any public street or in any public place
between the hours of 10:00 p.m. and 6:00 a.m. unless accompanied by the juvenile's
parents or guardian or unless engaged in or traveling to or from a business or occupation
which the laws of this state authorize a juvenile to perform.
B. It shall be unlawful for any parent or guardian to allow an unaccompanied juvenile to be
on any public street or in any public place between the hours of 10:00 p.m. and 6:00 a.m.
unless the juvenile is engaged in or traveling to or from a business or occupation which
the laws of this state authorize a juvenile to perform.
§ 101A-3. Exceptions.
This chapter shall not apply to any juvenile who can establish that he or she is:
A. Engaged in an errand involving a medical emergency.
B. Attending an extracurricular school activity.
C. Attending an activity sponsored by a religious or community-based organization.
101A:1
§ 101A-3 BUTLER CODE § 101A-5
D. Attending other cultural, educational and social events that are sponsored by a religious
or community-based organization.
§ 101A-4. Violations and penalties. [Amended 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
§ 101A-5. Custody.
Whenever any juvenile is engaged in conduct in violation of this chapter, the police of the
Borough of Butler are hereby authorized and empowered to take such juvenile into custody in
accordance with the laws of the State of New Jersey.
101A:2
Chapter 102
DISPLAY OF SEXUALLY EXPLICIT MATERIALS
§ 102-1. Purpose.
§ 102-2. Definitions.
§ 102-3. Restrictions.
§ 102-4. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 6-13-1989 by
Ord. No. 22-89. Amendments noted where applicable.]
§ 102-1. Purpose.
The purpose of this chapter is to regulate the public display of sexually explicit obscene
materials, particularly where such materials are likely to be viewed by minors.
§ 102-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
RETAILER — Any person who operates a store, newsstand, booth, concession or similar
business with unimpeded access for persons under 18 years old, who is in the business of
making sales of periodicals or other publications at retail containing pictures, drawings or
photographs.
OBSCENE MATERIAL — Any description, narrative account, display or depiction of a
specified anatomical area or specified sexual activity contained in or consisting of a picture or
other representation, publication, sound recording, live performance or film which, by means
of posting, composition, format or animated sensual details, emits sensuality with sufficient
impact to concentrate prurient interest on the area or activity. It is essential that to be
considered obscene, it must be established that:
A. The dominant theme of the material taken as a whole appeals to the prurient interest;
B.
The material is patently offensive because it affronts contemporary community standards
relating to the description or representation of sexual matters; and
C.
The material is utterly without redeeming social value, or the work taken as a whole
lacks serious artistic, literary, political or scientific value.
§ 102-3. Restrictions.
A. It shall be a violation of this chapter for a retailer to display or permit to be displayed at
his business premises any obscene material, as defined herein, at a height of less than
five feet or without a binder or other covering placed or printed on the front of the
material displayed.
102:1
§ 102-3 BUTLER CODE § 102-4
B. The public display of obscene material as prohibited above on or at the premises of
the retailer shall constitute presumptive evidence that the retailer knowingly
made or permitted the display.
§ 102-4. Violations and penalties. [Amended 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
102:2
Chapter 105
DEALERS IN PRECIOUS METALS, GEMS AND SECONDHAND
GOODS
§ 105-1. Purpose and Intent.
§ 105-2. Definitions.
§ 105-3. Registration and Issuance of License.
§ 105-4. License Fees; Non-Transferability.
§ 105-5. Revocation of License.
§ 105-6. Dealers’ Responsibilities, Requirements and Recordkeeping.
§ 105-7. Non-Applicability.
§ 105-8. Purchases from Minors.
§ 105-9. Violations and Penalties.
§ 105-10. Appendix.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 5-22-2016 by
Ord. No. 2016-5. Amendments noted where applicable.]
§ 102-1. Purpose and Intent.
The purpose and intent of this Chapter is to assist law enforcement officials and victims of crime
in recovering stolen precious metals, gems, gemstones and/or other articles by requiring
reasonable reporting, maintenance and distribution criteria for secondhand and transient Dealers.
No person shall use, exercise or carry on the business, trade or occupation of buying, receiving,
receiving for pawn or selling of any property described in Appendix I of this Chapter, or operate
as a Dealer of said property within the Borough of Butler, without having first obtained a license
from the Borough of Butler Police Department as hereinafter provided.
105-2. Definitions. For the purposes of this Chapter, the following terms, phrases, words and
their derivations shall have the meanings ascribed herein. Words used in the present tense shall
include the future, words in the plural number shall include the singular number and words in the
singular number shall include the plural number. The word “shall” is always mandatory and not
merely directory.
ACCEPTABLE IDENTIFICATION - Acceptable forms of identification include: a current
valid New Jersey Driver’s License or Identification Card issued by the NJ Motor Vehicle
Commission, a current valid photo driver’s license issued by another US state, other verifiable
United States government issued photo identification with address, or valid United States
Passport and evidence of current address. All of the above listed identification procedures
require the Dealer to capture/record evidence of the person’s current address.
ARTICLE - Any article of merchandise, including any portion of such article, whether a
distinct part thereof or not, including every part thereof whether separable or not, and also
including material for manufacture, and as so defined in N.J.S.A. 51:6-1.
CHIEF OF POLICE – The Chief of Police of the Borough of Butler or his
designee/representative.
DATABASE - A computerized internet capable database with hardware and software compliant
with standards set by the Chief of Police.
105:1
§ 105-2 BUTLER CODE § 105-2
DEALER - Any person, partnership, corporation, or other entity, whether permanent or
itinerant, who on one or more occasions (through any means) buys or sells, receives for pawn or
otherwise exchanges or trades any property as described in Appendix I of this Chapter, and
includes anyone advertising the purchase, sale or receipt for pawn of any of the aforementioned
items.
GIFT CARD - Is a restricted monetary equivalent or scrip that is issued by retailers or banks to
be used as an alternative to a non-monetary gift.
ITINERANT BUSINESS - Any business conducted intermittently within the Borough of
Butler at varying locations.
PAWN - A bailment of personal property as security for any debt or engagement redeemable
upon certain terms and with the implied power of sale or default.
PERSON - Any individual natural person, partnership, joint venture, business, society,
associate, club, trustee, trust, corporation, or unincorporated group, or an officer, agent,
employee, servant, factor or any form of personal representative of any thereof, in any capacity,
acting for self or on behalf of another.
PRECIOUS METALS - Comprised of gold, silver, sterling, platinum and/or their alloys as
defined in N.J.S.A. 51:5-1 et seq., N.J.S.A. 51:6-1 et seq. and/or N.J.S.A. 51:6A-1 et seq.; gems,
gemstones, coins and all forms of jewelry herein contained.
PUBLIC - Individuals and other retail sellers, not to include businesses engaged primarily in
wholesale transactions.
PURCHASE - The exchange of money or other consideration for the pledge, sale, conveyance
or trade of any property described in Appendix I of this Chapter.
REPORTABLE TRANSACTION - Every transaction conducted by a Dealer in which
property described in Appendix I of this Chapter is purchased, pawned or exchanged from or
with the public, as that term is defined in this Section.
SECONDHAND GOODS - Any article previously sold, acquired, exchanged, conveyed, traded
or otherwise formerly owned, including but not limited to scrap gold, old gold, silver, jewelry,
home electronics/audio and visual equipment, musical instruments, telephones and telephonic
equipment, scales, computers, computer hardware and software, typewriters, word processors,
scanners, sporting goods of all kinds, antiques, platinum, all other precious metals, tools of all
kinds, televisions, DVRs, GPS, camcorders, car stereos, gift cards, furniture, clothing, other
valuable articles, or as listed in Appendix I .
TRANSIENT BUYER - A Dealer who has not been in any retail business continuously for at
least six (6) months at that address in the municipality where the Dealer is required to register.
The term Transient Buyer will also include a Dealer who intends to close out or discontinue all
retail business in the Borough of Butler within six (6) months. Or as so defined in N.J.S.A.
51:6A-5 and N.J.A.C. 13:47C-1.1. Vendors doing business during a Community Event
sponsored/sanctioned by the Borough of Butler shall not be considered a Transient Buyer.
105:2
§ 105-3 BUTLER CODE § 105-5
105-3. Registration and Issuance of License.
Every Dealer conducting business or intending to conduct business within the jurisdiction of the
Borough of Butler shall first register with the Chief of Police, who shall fingerprint the applicant
and institute such an investigation of the applicant’s moral character and business responsibility
as he deems necessary for the protection of the public welfare. In the event that the Dealer is a
business entity other than a sole proprietorship, the officers in a corporation or the partners in a
partnership (or limited partnership) shall be deemed to be the applicant (s) who shall be
fingerprinted and investigated in accordance with this Chapter. Upon completion of the
investigation, the Chief of Police shall either issue or deny the license based upon the results of
his investigation. Upon issuance of the license, the applicant shall be given a copy of this
Chapter.
105-4. License Fees; Non-Transferability.
1. Prior to final issuance of a license, a fee of $300.00 shall be paid to the Borough of Butler.
2. A license issued under the provisions of this Chapter shall not be transferable and shall
terminate on December 31st of the year in which said license is issued, unless it is renewed
pursuant to the provisions of Paragraph 3 below.
3. On or about November 1st of each year, the Chief of Police shall make available a renewal
application for each licensed Dealer under this Chapter. Upon submission of the renewal
application and required $300 annual fee, the license will be renewed unless the Dealer has
violated provisions of Section 105-5. In such case the Chief of Police will notify the Dealer,
who may request a hearing as described in Section 105-5.
105-5. Revocation of License.
1. Licenses issued under the provisions of this Chapter may be revoked by the Chief of
Police after a hearing, upon notice to the applicant, for any of the following causes:
a. Fraud, misrepresentation, or false statement contained in the application for license;
b. Fraud, misrepresentation, or false statement made in the course of carrying on the business
as a Dealer in property as described in Appendix I of this Chapter;
c. Any violation of this Chapter;
d. Conviction of any crime;
e. Conviction of any disorderly persons offense involving moral turpitude;
f. Conviction of an offense under the laws of the United States or any other state, which is
substantially equivalent to the offenses named in paragraph d. or e. above; or;
g. Conducting the business of soliciting or canvassing in an unlawful manner or in such a
manner as to constitute a breach of the peace or to constitute a menace to the health, safety,
or general welfare of the public.
3. Notice of the hearing for revocation of a license shall be given in writing, setting forth
specifically the grounds of complaint and the time and place of hearing. Such notice shall be
mailed, postage prepaid, to the licensee at his last known address at least ten (10) business days
prior to the date set for the hearing. The hearing shall be conducted by the Chief of Police.
105:3
§ 105-6 BUTLER CODE § 105-6
105-6. Dealers’ Responsibilities, Requirements and Recordkeeping.
Every Dealer within the Borough of Butler shall, upon the purchase, receiving for pawn, or
receiving for consignment, of any property described in Appendix I of this Chapter from the
public, as this term is defined in Section 105-2, be required to:
1. Record using a unique transaction number the name, address and telephone number of the
seller or sellers; the time and date of the transaction; the net weight in terms of pounds Troy,
pennyweight (Troy) or kilograms/grams of the precious metals; fineness in terms of karats for
gold, and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1 et seq. and N.J.S.A.
51:6-1 et seq. and any property containing a serial number.
2. Document, through use of an electronic database software system as designated by the Chief
of Police, the information as required by this Section. These records shall be subject to the
inspection of any sworn police officer acting in the performance of their duties.
3. Through the use of applicably required computer equipment, and using the electronic format
approved by the Chief of Police, enter all transactions into the electronic database within forty-
eight (48) hours from the date of purchase including the following information:
a. The name, address, date of birth, telephone number, and governmental identification
number of the seller;
b. A full description of property sold or pawned by the seller, including but not limited to,
marks, numbers, dates, sizes, shapes, initials, monograms and serial numbers, face value and
identifying numbers of gift cards;
c. The price paid for the property;
d. The entry must include the name of the clerk or the Dealer who made the transaction so as
to readily identify that individual.
e. A color photograph or color image of the seller’s presented governmental photo
identification scanned into the transaction record.
f. A color photograph or color image of all property sold scanned into the transaction record.
When photographing or imaging, all property must be positioned in a manner that makes it
readily and easily identifiable.
4. All of the above described property cannot be sold or disposed of and shall be made available
for inspection by any sworn Police Officer in the performance of their duties for a period of
fifteen (15) business days from the date the information required above is received by the Chief
of Police in the prescribed electronic format. The property shall remain in the same condition as
when purchased and shall not be changed, modified, melted or disposed of by the Dealer until
the fifteen day period has expired. If the property is such that it would create a hardship on the
Dealer by holding the property for such period, the Dealer may present the property to the Chief
of Police in order that it may be photographed and, if deemed necessary by the Chief of Police,
an investigation be implemented. The Chief of Police has the authority to grant the Dealer a
waiver of the requirement under this section.
105:4
§ 105-6 BUTLER CODE § 105-9
5. In the event of a database failure or Dealer’s computer equipment malfunctions, all
transaction information is required to be submitted on paper forms approved by the Chief of
Police. In the event that paper forms are used, the dealer is responsible to enter all required
transaction information described in Section 101-13.3.a-f into the database as soon as possible
upon the Dealer’s equipment being repaired or replaced, or the database coming back into
service. Failure by the Dealer to properly maintain computer equipment in a reasonable
fashion, or failure by the Dealer to replace faulty computer equipment, may result in the Dealer
being cited for a violation of this Chapter and may result in the revocation of the Dealer’s license
under Section 101-12 of this Chapter.
6. It shall be the requisite duty of every Dealer, and of every person in the Dealer’s employ, to
admit to the premises during business hours any member of the Butler Police Department or any
other sworn Police Officer acting in the performance of their duties to examine any database,
book, ledger, or any other record on the premises relating to the purchase of property from the
public as defined in this Chapter. Butler Borough Police Officers are empowered to take
possession of any property known by a police officer or official to be missing or to have been
stolen, or where the officer or official has probable cause to believe the article is missing or
stolen. A receipt will be provided to the Dealer for any property seized by the Butler Borough
Police Department.
105-7. Non-Applicability.
This Chapter shall not apply to purchases made by Dealers from wholesalers or other legitimate
suppliers, but shall only apply to those purchases made from the public which includes other
retail sellers as defined in Section 105-2. The Dealer shall keep records of all wholesale
purchases for a period of six months from the date of such purchase, which records shall be
opened to investigation by the Butler Borough Police Department or any sworn Police Officer in
the performance of their duties.
105-8. Purchases from Minors.
No Dealer within the Borough of Butler shall purchase any property as defined in Appendix I
from any person under the age of 18 years.
105-9. Violations and Penalties.
Violation of any provision of this Chapter shall, upon conviction thereof, be punished by a
minimum fine of $100 or a maximum of $2,000 and/or by imprisonment for a term not
exceeding 90 days and/or by a period of community service not exceeding 90 days. Each and
every violation shall be considered a separate violation. Each day that a violation continues shall
be a separate violation. Each violation shall result in a ten (10) day suspension of the Dealer’s
license under this Chapter.
105:5
§ 105-10 BUTLER CODE § 105-10
105-10.
Appendix.
APPENDIX I PROPERTY AS FOLLOWS:
Scrap gold Tools of all kinds
Old gold Sports memorabilia
Silver Typewriters
Jewelry Paintings
Home electronics/audio and visual equipment Televisions
Musical instruments DVRs
Cellular telephones and accessories MP3
Scales IPods
Computers including: GPS, DVD Players/Recorders
Desktop, laptop, tablets, computer hardware and software
Blue Ray Players/Recorders,
Gaming systems and software Camcorders
Word processors Cameras
Scanners Car stereos
Sporting goods of all kinds Gift cards
Antiques Furniture
Platinum Clothing
All other precious metals
Any and all other articles of value.
Antique weapons both bladed and firearms
105:6
Chapter 108
DOGS
§ 108-1.
Definitions.
§ 108-2.
Licensing provisions.
§ 108-3.
Disposition of fees.
§ 108-4.
Rabies inoculation.
§ 108-5.
Biennial canvass.
§ 108-6.
Impounding.
§ 108-7.
Prohibitions.
§ 108-8.
Potentially dangerous od Vicious dogs.
§ 108-9. Number of dogs per residential structure.
§ 108-10. Enforcement.
§ 108-11. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Sections 5-1
through 5-10 of the Revised General Ordinances of 1976; amended in its entirety
11-17-1997 by Ord. No. 1997-24; Amended in its entirety 4-21-2020 by Ord. No.
2020-5. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 72. Noise — See Ch. 160.
Cats — See Ch. 93.
Violations and penalties — See Ch. 230.
Littering — See Ch. 153.
§ 108-1. Definitions.
The words hereinafter defined shall have the meanings indicated:
DOG — Any dog, bitch or spayed bitch.
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, includes every person having a
right of property in such dog in his keeping or under his dominion. A person shall be deemed
to have a dog in his keeping and under his dominion whenever the ownership or custody of
any dog is in an unemancipated infant or other member of his household.
§ 108-2. Licensing provisions.
A. License required. Any person who shall own, keep or harbor a dog of licensing age shall,
in the month of January and annually thereafter, apply for and procure from the Licensing
Clerk of the Borough a license and official metal registration tag for each such dog so
owned, kept or harbored and shall place upon each such dog a collar or harness with the
registration tag securely fastened thereto. Licenses shall be required of all dogs of licensing
age, including:
108:1
§ 108-2
DOGS
§ 108-2
(1) Any dog acquired by any person during the course of any calendar year and kept
within the Borough for more than 30 days after acquisition of a dog of licensing
age.
(2) Any dog licensed by another state brought into the Borough by any person and
kept within the Borough for more than 90 days.
(3) Any dog currently licensed within the State of New Jersey shall pay a $2.00
transfer for a Borough of Butler dog license for the remainder of the calendar year.
B. Application for license.
1. Each application for a license under this section shall be signed by the owner or
keeper of the dog and shall give the following information:
a) A general description of the dog sought to be licensed, including breed, sex,
age, color and markings and whether such dog is of a long-haired or short-
haired variety.
b) Name, street and post office address of the owner and of the person who
shall keep or harbor such dog.
c) Evidence of rabies vaccination in accordance with § 108-5.
2. Registration numbers shall be issued in the order in which applications are
received.
C. License record. The information on the application and the license number issued for
the dog shall be preserved for a period as prescribed by the State of New Jersey. In
addition, he/she shall forward similar information to the State Department of Health,
each month, on forms furnished by the Department.
D. The person applying for a license tag or for renewal of such license and tag shall pay
to the Borough a fee of $10 for a spayed or neutered dog and a fee of $13 for a non
spayed or non neutered dog (which amounts include fees required by the New Jersey
Department of Health and Senior Services). Dog Licenses are due on or before
January 31, of the licensing year. An additional late fee of $5 shall be charged for the
renewal of an existing dog license obtained on or after the first day of March.
(Effective January 1, 2012). [Amended 11-7-2011 by Ord. No. 2011-19]
E. Exception. Dogs used as guides for blind persons or hearing impaired person
commonly known as “Seeing Eye” or “Hearing Ear” dogs shall be licensed and
registered as other dogs hereinabove provided for, except that the owner or keeper of
such dogs shall not be required to pay any fee therefor.
108:2
§ 108-2
DOGS
§ 108-4
F. Prohibition. No person, except an officer in the performance of his duties, shall remove a
registration tag from the collar of any dog without the consent of the owner, nor shall any
person attach a registration tag to a dog for which it was not issued.
G. Penalty. Any person violating any provision of this section shall be subject to a fine not
exceeding $100 for each offense or imprisonment not exceeding 30 days, or both.
§ 108-3. Disposition of fees.
A. License fees and other moneys collected or received under the provisions of this chapter,
except license tag fees, shall be forwarded to the Treasurer of the Borough within 30 days
after collection or receipt and shall be placed in a special account separate from any of the
other accounts of the Borough and which shall be used for the following purposes only: for
collecting, keeping and disposing of dogs liable to seizure under this chapter; for local
prevention and control of rabies; for providing antirabic treatment under the direction of
the local Health Department for any person known or suspected to have been exposed to
rabies; for all other purposes prescribed by the statutes of New Jersey governing the
subject; and for administering the provisions of this chapter. Any unexpended balance
remaining in such special account shall be retained therein until the end of the third fiscal
year following and may be used for any of the purposes set forth in this section. At the end
of the third fiscal year thereafter, there shall be transferred from such special account to the
general funds of the Borough any amount then in such account which is in excess of the
total amount paid into the special account during the last two fiscal years next preceding.
B. The registration tag fee of $1 for each dog shall be forwarded within 30 days after
collection by the Treasurer to the State Department of Health.
§ 108-4. Rabies Inoculation.
A. Inoculation required. No person shall own, possess, harbor or keep any dog within the
boundaries of the Borough over six months of age, unless the dog has been inoculated
against rabies. However, any dog may be exempt from the inoculation requirement, for a
specified period of time, by the Board of Health upon the presentation of a certificate from
a duly licensed veterinarian stating that, because of infirmity or other physical condition,
the inoculation of the dog for a specified period of time is contraindicated.
B. Certificate. Any person owning, keeping, harboring or having custody of a dog shall obtain
from the veterinarian who vaccinates the dog against rabies a certificate, within 10 days of
the vaccination, or within 10 days after bringing the dog into the Borough if the dog was
vaccinated before being brought into the Borough, deliver the certificate to the office of the
Secretary of the Licensing Department, who shall file it with the records of the Licensing
Department.
108:3
§ 108-4
DOGS
§ 108-6
C. Prerequisite to licensing. No license required for the owning and keeping of dogs, by
virtue of any state law or Borough ordinance, shall be issued to any person, unless a
certificate issued by a duly licensed veterinarian, as provided in Subsection B, is
presented to and filed with the office of the Licensing Department showing that such
dog has been vaccinated against rabies in the manner provided herein and that the
vaccination is valid through October 31 of the licensing year.
D. Free vaccination. The Department of Health is hereby authorized and empowered to
provide free vaccination of dogs at a suitable clinic and place designated by it, to be
conducted by a licensed, veterinarian of the State of New Jersey. The Department of
Health is hereby further authorized and empowered to make and adopt such rules and
regulations consistent with the terms and provisions of this section, as it may deem
proper and necessary for its enforcement.
E. Violation. Should any person owning a dog or dogs omit or refuse to have such dog
or dogs inoculated under the provisions of Subsection A, then each day following the
time when the inoculation should have been made as provided in this section shall
constitute a separate offense.
§ 108-5. Biennial canvass. [Amended 12-21-1999 by Ord. No. 1999-27; 10-16-2001 by
Ord. No. 2001-24]
The Borough of Butler may biennially cause a canvass to be made of all dogs owned, kept or
harbored within the limits of the Borough. The Department of Health of the Borough shall
report to the State Department of Health the results thereof, setting forth in separate columns
the names and addresses of persons owning dogs, keeping or harboring dogs, the number of
unlicensed dogs owned, kept or harbored by each person, together with a complete
description of each unlicensed dog.
§ 108-6. Impounding.
A. Causes for impounding. The Certified Animal Control Officer of the Borough shall
take into custody and impound or cause to be taken into custody and impounded and
thereafter destroyed or disposed of as provided in this section:
(1) Any dog off the premises of the owner or of the person keeping or harboring such
dog
which the official or his agent or agents have reason to believe is a stray dog.
(2) Any dog off the premises of the owner or the person keeping or harboring such
dog
without a current registration tag on his collar.
(3) Any female dog in season off the premises of the owner or of the person keeping
or
harboring the dog.
108:4
§ 108-6
DOGS
§ 108-7
B. Notice of seizure. If any dog so seized wears a collar or harness or microchip having
inscribed thereon or attached thereto the name and address of any person or a
registration tag, or the owner or the person keeping or harboring such dog is known,
the Animal Control Officer shall forthwith serve on the person whose address is given
on the collar or on the owner or the person keeping or harboring the dog, if known, a
notice in writing that the dog has been seized and will be liable to be disposed of or
destroyed if not claimed within seven days after the service of the notice. A notice
under this section may be served either by delivering it to the person on whom it is to
be served or by leaving it at the person’s usual or last known place of abode or at the
address given on the collar or by forwarding it by mail in a prepaid letter addressed to
that person at his usual or last known place of abode or to the address given on the
collar.
C. Destruction of unclaimed dogs. When any dog so seized has been detained for seven
days after notice, when notice can be given as above set forth, or has been detained
seven days after seizure, when notice has not been and cannot be given as set forth in
Subsection B, and if the owner or the person keeping or harboring the dog has not
claimed the dog and paid all expenses incurred by reason of its detention.
§ 108-7. Prohibitions.
A. Habitual barking prohibited. No person shall keep, harbor or maintain any dog which
habitually barks, howls or cries. The habitual barking, howling or crying of a dog in
the Borough is hereby declared to be a disturbing noise within the meaning of
N.J.S.A. 40:48-1, Subsection 8, and Borough of Butler Municipal Code 160-8
Subsection G and is further declared to be a nuisance.
B. Running at large prohibited. No person owning, keeping or harboring any dog shall
allow it to run at large within the Borough; provided, however, that this subsection
shall not apply to hunting dogs while they are in the woods and fields of the Borough
and are under the dominion and control of their owners.
C. Dogs prohibited in public places unless confined to physical leash or restraint.
(1) No person owning, keeping or harboring any dog shall allow it to be upon the
public
streets or in any of the public places of the Borough unless such dog is securely
confined and controlled by an adequate leash not more than six feet long.
108:5
§ 108-7
DOGS
§ 108-10
(2) No person owning, harboring, keeping, walking or in charge of any dog shall
cause, permit or allow such dog to soil, defile, defecate on or commit any nuisance
on any common thoroughfare, street, sidewalk, passageway, road, bypath, play
area, park or any place where people congregate or walk, or upon any boardwalk,
beaches or beachfront in the Borough, or upon any public property whatsoever, or
upon any private property without the permission of the owner of the private
property in the last instance. If any such person shall permit such dog to soil,
defile, defecate on or commit any nuisance on the areas aforesaid, he shall
immediately remove all feces and droppings deposited by such dog. Removal shall
be in a sanitary manner by shovel, container, disposal bag or the like. The feces
and droppings shall be removed by such person from the aforesaid designated
areas and shall be disposed of by such person in a sanitary manner.
D. Injury to Person or Property. No person owning, keeping or harboring any dog shall permit
or allow it to do any injury to any person or to do any damage to any lawn, shrubbery,
flowers, grounds or property.
§ 108-8. Potential Dangerous or Vicious dogs.
Chapter 307 of the Laws of the State of New Jersey, 1989 (N.J.S.A. 4:19-17 through 4:19-35
et seq.) and the amendments and supplements therefor are hereby adopted, enacted and
incorporated herein. Refer to State 4-19-19
§ 108-9. Number of dogs per residential structure.
No person, which shall be defined to include a family unit, shall keep, harbor, have
possession or custody of more than five dogs on any one residential premises within the
Borough. This restriction shall not research include the temporary (until weaned) keeping of
puppies which have been born to a female dog kept on the same premises at the time of the
birth of said puppies. Provided that said dogs shall not be replaced so long as more than five
dogs shall be kept, harbored or possessed or be in such custody at said residential premises.
§ 108-10. Enforcement.
A. Appointment of Certified Animal Control Officer.
(1) The Mayor and Council shall, by resolution, contract for Animal Control Services,
whose duty it shall be to enforce the provisions of this chapter.
(2) All Animal Control Officers and police officers of the Borough, are hereby given
full
power and authority and are charged with the duty to enforce this chapter.
108:6
§ 108-10
DOGS
§ 108-11
B. Access to premises. Any officer or agent authorized or empowered to perform any duty
under this chapter is hereby authorized to go upon any premises to seize for impounding
any dog which he may lawfully seize and impound when such officer is in immediate
pursuit of such dog, except upon the premises of the owner of the dog if the owner is
present and forbids the same.
C. Interference with duties prohibited. No person shall hinder, molest or interfere with anyone
authorized or empowered to perform any duty under this chapter.
§ 108-11. Violations and penalties. [Amended 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
108:7
Chapter 110
DRUGS
ARTICLE I
Drug-Free School Zones
§ 110-1. Adoption of map.
§ 110-2. Map to be official record.
§ 110-3. Notification of changes.
§ 110-4. Map to be kept on file.
§ 110-5. Additional declarations.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
ARTICLE I
Drug-Free School Zones
[Adopted 10-4-1988 by Ord. No. 26-88]
§ 110-1. Adoption of map.
In accordance with and pursuant to the authority of P.L. 1988, c. 44 (N.J.S.A. 2C:35-7), the
Drug-Free School Zone Map produced on or about February, 1988, by Hirth Weidener
Associates, is hereby approved and adopted as an official finding and record of the location
and areas within the Borough of Butler of property which is used for school purposes and
which is owned by or leased to any elementary or secondary school or school board and of
the areas on or within 1,000 feet of such school property.
§ 110-2. Map to be official record.
The Drug-Free School Zone Map approved and adopted pursuant to § 110-1 of this Article
shall continue to constitute an official finding and record as to the location and boundaries of
areas on or within 1,000 feet of property owned by or leased to any elementary or secondary
school or school board which is used for school, purposes, until such time, if any, that this
Article shall be amended to reflect any additions or deletions with respect to the location and
boundaries of school property and Drug-Free School Zones.
§ 110-3. Notification of changes.
The school board or the chief administrative officer, in the case of any private or parochial
school, is hereby directed and shall have the continuing obligation to promptly notify the
Borough Tax Assessment Mapping Engineer and the Borough Attorney of any changes or
contemplated changes in the location and boundaries of any property owned by or leased to
any elementary school or school board and which is used for school purposes.
110:1
§ 110-4 BUTLER CODE § 110-5
§ 110-4. Map to be kept on file.
The Borough Clerk is hereby directed to receive and to keep on file the original of the map
approved and adopted pursuant to § 110-1 of this Article and to provide at a reasonable cost a true
copy thereof to any person, agency or court which may, from time to time, request such a copy,
along with a certification that such copy is a true copy of the map approved and adopted
herein and kept on file. It is hereby further directed that a true copy of such map and of this
chapter shall be provided without cost to the County Clerk and to the office of the Morris
County Prosecutor.
§ 110-5. Additional declarations.
The following additional matters are hereby determined, declared, recited and stated:
A. It is understood that the map approved and adopted pursuant to § 110-1 of this chapter
was prepared and is intended to be used as evidence in prosecutions arising under the criminal
laws of this state, and that pursuant to state law, such map shall constitute prima facie evidence
of the following:
(1)
The location of elementary and secondary schools within the Borough;
(2)
The boundaries of the real property which is owned by or leased to such schools or
a school board;
(3)
That such school property is and continues to be used for school purposes; and
(4)
The location and boundaries of areas which are on or within 1,000 feet of such
school property.
B. Except as is otherwise expressly noted on the face of the approved and adopted map, all of
the property depicted on the map approved and adopted herein as school property was owned
by or leased to a school or school board and was being used for school purposes as of July
9, 1987, that being the effective date of P.L. 1987, c. 101 (N.J.S.A. 2C:35-7).
C. Pursuant to the provisions of P.L. 1988, c. 44, a prosecutor is not precluded from
introducing or relying upon any other evidence or testimony to establish a violation of
the offense defined in that statute, including use of a map or diagram other than the one
approved and adopted pursuant to § 110-1 of this Article. The failure of the map
approved herein to depict the location and boundaries of any property which is, in fact,
used for school purposes and which is owned by or leased to any elementary or
secondary school or school board, whether the absence of such depiction is the result of
inadvertent omission or the result of any changes in the location and boundaries of such
property which have not yet been incorporated into a revised approved map, shall not be
deemed to be an official finding and record that such property is not owned by or leased to
a school or school board or that such property is not used for school purposes.
D. All of the requirements set forth in P.L. 1988, c. 44 concerning the preparation, approval and
adoption of a Drug-Free School Zone Map have been complied with.
110:2
Chapter 112
ELECTRIC SERVICE
§ 112-1. Establishment of rates.
§ 112-2. Effective date.
§ 112-3. Service charge for at-door payment of fee arrearage.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 9-17-1985 by
Ord. No. 85-14, Amended 11-6-2017; 3-17-2026 by Ord. 2026-03. Amendments noted
where applicable.]
§ 112-1. Establishment of rates.
Electric rates and service procedures for customers of the Borough electric utility
located anywhere within its service area shall be uniform and shall be as set forth in
the “Borough of Butler Tariff for Electric Service Applicable in the Territory Served”
dated October 1, 2024 and established by Ordinance 2024-17. In addition to the rates
established by the Tariff there shall be a Levelized Energy Adjustment Charge
(LEAC) which is currently $.099361 per kilowatt hour. The LEAC shall be reviewed
and subject to adjustment quarterly as needed by resolution of the Borough Council.
The LEAC shall be capped at $.151718 per kilowatt hour..1
§ 112-2. Effective date.
This chapter shall be effective in accordance with law, but the rates shall be effective with the
Board of Public Utilities order on August 1, 1985.
§ 112-3. Service charge for at-door payment of fee arrearage. [Added 2-15-2000 by
Ord. No. 2000-1, Amended 11-6-2017 by Ord. No. 2017-13]
There shall be a service charge of $25 added to the electric service fee when the fee is paid
for at the premises to Borough Electric Department personnel to avoid disconnection of
service.
1. Editor's Note: The schedule of rates is on file in the office of the Borough Clerk and may be inspected there during
regular business hours.
112:1
Chapter 114
EMERGENCY FUEL OIL DELIVERY
§ 114-1. Borough Administrator to act as agent of landlord; conditions.
§ 114-2. Billing.
§ 114-3. Violations and penalties.
§ 114-4. Enforcement proceeding; reimbursements.
§ 114-5. Liability of Borough.
§ 114-6. Applicability.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 1-17-1995 by
Ord. No. 1994-24. Amendments noted where applicable.]
§ 114-1. Borough Administrator to act as agent of landlord; conditions.
The Administrator of the Borough of Butler or another officer designated by the
Administrator shall, whenever necessary to protect the health and safety of residential tenants,
act as an agent for a landlord in engaging a fuel oil dealer to deliver fuel oil at a reasonable
price per gallon and to refire the burner to restore the proper heating of any residential
property rented by said landlord; provided, however, that at least 12 hours have elapsed if the
outside air temperature is between 33° F. and 55° F., inclusive, or at least four hours have
elapsed if the outside air temperature is 32° F. or less since the tenant has lodged a complaint
with the municipality, prior to which complaint a bona fide attempt has been made by the
tenant or his representative to notify the landlord of the lack of heat and the landlord has
failed to take appropriate action. Lack of heat means maintaining less heat than required by
N.J.S.A. 26:3-31.
§ 114-2. Billing.
Any fuel oil dealer who delivers fuel oil or refires the burner in accordance with § 114-1 may
bill the landlord directly, or the Borough may issue a voucher to the fuel oil dealer who
delivered the fuel oil for the money amount due on the fuel oil delivered and the service
charge for refiring the burner, if any.
§ 114-3. Violations and penalties.
Any landlord or his agent whose negligence or failure to act results in Borough action
pursuant to § 114-1 shall be liable of a civil penalty of not more than $300 for each affected
dwelling unit in the residential property. Such penalty shall be recovered by the Borough in a
civil action by summary proceedings under the Penalty Enforcement Law (N.J.S.A. 2A:58-1
et seq.). Any action to collect or enforce such penalty may be brought in the Superior Court or
Municipal Court. The amount of such penalty shall be paid to the municipality and be used
for general municipal purposes.
114:1
§ 114-4 BUTLER CODE § 114-6
§ 114-4. Enforcement proceeding; reimbursements.
In any penalty enforcement proceeding brought pursuant to this chapter, the Court shall also
order the landlord or his agent to reimburse the municipality for actual costs for any fuel oil
delivered and the service charge for refiring the burner, if any, and for reasonable attorney's
fees and costs. The Court shall further be empowered to issue any appropriate injunctive
orders and to authorize immediate collection of reimbursable costs due the municipality out of
the goods and chattels of the landlord, including all sums due, or which may come due, as
present or future rents. Any landlord who prevails in such an action shall be entitled to
reimbursement by the municipality for all reasonable costs and expenses. Such landlord,
however, shall still remain responsible for the cost of any fuel oil delivered and any charge for
refiring the burner incurred by the Borough.
§ 114-5. Liability of Borough.
The Borough of Butler and its employees shall not be liable to any person or property in
enforcing this chapter except for gross negligence or malfeasance of any Borough official,
officer or employee, and under no circumstances shall the Borough be held liable for damages
from lack of heat in a residential unit.
§ 114-6. Applicability.
The provisions of this chapter shall not apply to owner-occupied residential rental properties
containing five units or less.
114:2
Chapter 117
EXPLOSIVES
§ 117-1. Storage permit; application.
§ 117-2. Storage prohibitions.
§ 117-3. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section 3-5
of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 21. Fire prevention — See Ch. 122.
§ 117-1. Storage permit; application.
No person shall store or keep any powder, dynamite or other explosives for sale within the
limits of the Borough without having a permit from the Clerk of the Borough. Application for
such permit shall be made to the Borough Clerk and shall not be issued until authorized by
the Borough Council and upon such terms, conditions and regulations as the Borough Council
may by resolution determine proper for the protection of persons and property of the Borough.
Such application shall be accompanied by a fee of $2, and this permit shall be granted for not
more than one year.
§ 117-2. Storage prohibitions.
A. No person shall have or keep any railroad car containing powder, dynamite or other
explosives on any railroad tracks or sidings within the limits of the Borough for more
than one hour on any day.
B. No person shall park any auto or other vehicle containing powder, dynamite or other
explosives on any highway or in any public place within the limits of the Borough for
more than one hour on any day.
§ 117-3. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89; 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
117:1
Chapter 119
FEES
ARTICLE I
Copies of Public Records
§ 119-1. Fees for various municipal publications and services.
§ 119-2. Photocopies of public records.
§ 119-3. Municipal Court discovery.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
ARTICLE I
Copies of Public Records
[Adopted 11-15-1999 by Ord No. 1999-23]
§ 119-1. Fees for various municipal publications and services.
The following fees shall apply for delineated municipal services and publications:
Item
Fee
Tax printouts (includes lien and special
$2.00 per line item per year, plus an
assessment)
additional $2.00 per line item for lien
information and $2.00 per line item for
assessment information
Tax Map copies
$0.50 per page
Utility searches (electric/water/sewer)
$2.00 per account per year
Duplicate tax bills
$5.00
Duplicate tax sale certificates
$100.00
Municipal tax search
$10.00
Municipal assessment search
$10.00
200 feet certified list from Tax Assessor
$10.00
List of properties on well and septic
$10.00
Meter information
$2.00 per meter per year
Prior year tax assessment and billing information $2.00 per line item per year
Lien redemption statement
$2.00 per line item per year
Police record check
$35.00
Zoning Ordinance book (with Map)
$35.00
Zoning Map only
$3.00
119:1
§ 119-1
BUTLER CODE
§ 119-3
Item
Fee
Certified copies of birth, death, marriage, or
$10.00 each
domestic partnership certificates [Amended
4-20-2004 by Ord. No. 2004-3; 7-20-2004 by
Ord. No. 2004-9; 11-7-2011 by Ord. No.
2011-19]
Duplicate certificate of redemption [Added
$50.00
5-16-2000 by Ord. No. 2000-4; amended
12-19-2000 by Ord. No. 2000-30]
Smoke detector certification, resale [Added
$50.00
10-17-2000 by Ord. No. 2000-26]
Smoke detector certification, tenant change
$25.00
[Added 10-17-2000 by Ord. No. 2000-26]
Tax delinquency publication [Added
$25.00 per publication
10-17-2000 by Ord. No. 2000-26]
Motor vehicle accident report obtained other
$5.00 for the first three pages and $1.00
than in person (by mail or facsimile) [Added
per page thereafter
3-20-2007 by Ord. No. 2007-6]
Annual permit for fishing on municipal property
$10.00
[Added 9-18-2007 by Ord. No. 2007-27]
§ 119-2. Photocopies of public records. [Amended 7-19-2011 by Ord. No. 2011-15; 11-7-2011
by Ord. No. 2011-19]
Standard-sized paper documents up to 8 1/2 inches by 14 inches in size shall be made available for
purchase by any citizen during regular business hours according to the following schedule of fees
which shall be based on the total number of pages or parts thereof to be purchased without regard to
the number of separate records being copied:
(a)
Less than five pages: no charge.
(b)
Five or more pages: $0.05 per page, starting with the first page.
(c)
Copies of public meetings on CD - $0.50 per CD
(d)
Copies of Cassette Tapes – Cost of duplication or transcription whichever is available.
§ 119-3. Municipal Court discovery. [Added 10-19-2004 by Ord. No. 2004-16]
A. All requests for discovery in matters pending in the Borough of Butler Municipal Court
shall be submitted through the Municipal Prosecutor.
B. The following fees shall be payable by the requestor to the Borough of Butler for the
discovery provided:
(1)
Seventy-five cents per page for each of the first 10 pages photocopied.
(2)
Fifty cents per page for each of the next 10 pages photocopied.
(3)
Twenty-five cents per page for each of the pages photocopied thereafter.
(4)
Actual postage for any discovery sent by mail.
(5)
Twenty-five cents for the envelope for any discovery sent by mail.
119:2
§ 119-3
FEES
§ 119-3
(6) Photographs will not be photocopied at the rates established herein. If requests are
made for duplicate photographs, the actual cost of making the photographs shall be
charged.
(7) Duplication of videotapes constitute an extraordinary duplication process and will
be charged at the rate of $5 per videotape.
(8) On any item that cannot be photocopied on the Borough's copy machine or not
otherwise provided for in this schedule, the actual cost incurred in making the copy
shall be charged.
C. Where the discovery must be obtained from an entity other than the Borough of Butler,
e.g., another police department, the actual costs paid to the other entity shall be paid by
the requestor.
119:3
Chapter 120
FIREARMS
§ 120-1. Intent.
§ 120-1. Intent.
§ 120-2. Definitions.
§ 120-3. Firing or discharge restricted.
§ 120-4. Exceptions.
§ 120-5. Improper use prohibited.
§ 120-6. Violations and penalties.
§ 120-7. Posting of signs.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 7-19-1994 by
Ord. No. 1994-8. Amendments noted where applicable.]
§ 120-1. Intent.
Due to the density of the population in the Borough of Butler, it is necessary that the use of
firearms be regulated for the protection of the public health and safety and that the
unauthorized discharge of firearms be prohibited.
§ 120-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
FIREARMS — Includes air guns, air pistols, spring guns or pistols, shotguns, rifles, pistols,
revolvers, automatic pistols and/or any handgun of any caliber.
§ 120-3. Firing or discharge restricted.
Except as herein provided, it shall be unlawful to fire or discharge any firearm within the
Borough of Butler.
§ 120-4. Exceptions.
Exceptions to § 120-3 are as follows:
A. The use of firearms is permitted when employed by any duly appointed law officer in the
course of his/her official duty.
B. The use of firearms is permitted when necessary for the preservation of human life, as
authorized in the New Jersey Criminal Codes.
C. The use of firearms is permitted when hunting in conformity with the game laws and
other applicable laws, regulations and ordinances of the State of New Jersey and this
Borough, provided that any person hunting upon the land of another shall have the
written permission of the landowner or lessee of the property and shall have the written
permission upon his or her person. The written permission shall be assigned by the
owner or lessee, shall clearly and legibly state the name and address of the person to
120:1
§ 120-4 BUTLER CODE § 120-7
whom the permission has been granted and shall be dated and shall be valid only for that
period as appears on the face of the permittee's then-current state hunting license.
D. The use of firearms shall be allowed on target ranges, indoor or outdoor, under the
supervision of the owner or occupant of that land or his or her duly appointed
representative, provided that:
(1) All target ranges shall be constructed and operated in a safe and prudent manner. If
standards, regulations or recommended procedures for operation are established or
promulgated by any recognized body, such as the National Rifle Association or the
American Trap Shooting Association, then such standards, regulations or
procedures shall be adhered to.
(2) Such range is registered as such with the Borough by the owner or occupant of the
land on which the range is located, which registration shall specify the area or
areas designated for target range purposes.
§ 120-5. Improper use prohibited.
The careless, reckless or improper use of any firearm tending to imperil or cause danger or
harm to personal security or endanger the property of any person within the Borough of
Butler is prohibited.
§ 120-6. Violations and penalties. [Amended 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
§ 120-7. Posting of signs.
Legible signs giving public notice of this chapter shall be posted at or near the public
highways at the boundaries of the Borough of Butler.
120:2
Chapter 122
FIRE PREVENTION
ARTICLE I
General Standards
§ 122-1. Adoption of standards.
§ 122-2. Definitions.
§ 122-3. Bureau of Fire Prevention.
§ 122-4. Permit fee; expiration date.
§ 122-5. Certificate of occupancy.
§ 122-6. Modifications and amendments to code.
§ 122-7. Violations and penalties.
ARTICLE II
Enforcement of Uniform Fire Safety Code
§ 122-8. Local enforcement.
§ 122-9. Designation of enforcing agency.
§ 122-10. Duties of enforcing agency.
§ 122-10.1. Parking violation enforcement.
§ 122-11. Inspection of life hazard uses.
§ 122-12. Supervision and control of enforcing agency.
§ 122-13. Fire Official.
§ 122-14. Inspectors and other employees.
§ 122-15. Appeals.
§ 122-16. Additional inspections and fees.
ARTICLE III [Added 03-20-2012 by Ord. No. 2012-1]
Rapid Entry Key Lock Boxes
§ 122-17. Rapid Entry Lock Boxes Required.
§ 122-18. Time for Compliance.
§ 122-19. Violations and Penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 21. Housing standards — See Ch. 136.
Uniform construction codes — See Ch. 101.
Fire insurance claims — See Ch. 139, Art. I.
Explosives — See Ch. 117.
122:1
§ 122-1 FIRE PREVENTION § 122-3
ARTICLE I
General Standards
[Adopted 11-11-1980 by Ord. No. 80-20]
§ 122-1. Adoption of standards.
There is hereby adopted by the Mayor and Borough Council of the Borough of Butler, for the purpose
of prescribing regulations governing conditions hazardous to life and property from fire or
explosion, that certain code known as the "BOCA Basic Fire Prevention Code/1978 (Fourth Edition),"
and the whole thereof save and except such portions as are hereinafter deleted, modified or
amended by this Article, of which code not less than three copies have been and are now filed in
the office of the Borough Clerk, and the same are hereby adopted and incorporated as fully as if
set forth at length herein, and from December 1, 1980, the provisions thereof shall be controlling
within the limits of the Borough of Butler.
§ 122-2. Definitions.
Whenever the word "municipality" is used in the Fire Prevention Code, it shall be held to
mean the Borough of Butler.
§ 122-3. Bureau of Fire Prevention.
A. Establishment of enforcing agency. The Fire Prevention Code shall be enforced by the Bureau
of Fire Prevention in the Fire Department of the Borough, which is hereby established and
which shall be operated under the supervision of the Chief of the Fire Department.
B. Membership; term.
(1) The Bureau of Fire Prevention shall consist of the Chief of the Fire Department, all
Assistant Chiefs and one member from each of the four fire companies. The Chief
of the Fire Department shall appoint a member of the Bureau of Fire Prevention
to be Chief of the Bureau of Fire Prevention for a two-year term, whose term shall
continue during good behavior and satisfactory service, and he shall not be removed
from office, except for cause after public trial.
(2) The Chief of the Fire Prevention Bureau may detail such members of the Fire
Department as inspectors as shall from time to time be necessary.
C. Powers; modification of provisions. The Chief of the Bureau of Fire Prevention shall
have power to modify any of the provisions of the Fire Prevention Code, upon
application in writing by the owner or lessee or his duly authorized agent, when there are
practical difficulties in the way of carrying out the strict letter of the code, provided that
the spirit of the code shall be observed, public safety secured and substantial justice
done. The particulars of such modification when granted or allowed and the decision of
the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of
the Department and a signed copy shall be furnished the applicant.
122:2
§ 122-3 FIRE PREVENTION § 122-6
D. Appeals. Whenever the Chief of the Bureau of Fire Prevention shall disapprove an
application or refuse to grant a license or permit applied for, or when it is claimed
that the provisions of the code do not apply or that the true intent or meaning of the
code have been misconstrued or wrongly interpreted, the applicant may appeal from
the decision of the Chief of the Bureau of Fire Prevention to the Board of Appeals,
which Board shall be composed of five members, which members shall be either former
Chiefs or former Assistant Chiefs of the Butler Fire Department appointed by the Mayor
and Borough Council of the Borough of Butler for a term of three years. The terms of the
members first appointed, however, under this Act, shall be staggered so that two
members of the Board of Appeals shall be appointed for one year, two members of
the Board of Appeals for two years and one member of the Board of Appeals for three
years.
§ 122-4. Permit fee; expiration date. [Amended 6-19-2012 by Ord. No. 2012-12;
5/17/2023 by Ord. No. 2023-4 ]
All permits required by the Fire Prevention Code shall be valid for a one year period and shall
be renewable on or before July 1 of each year in the following amounts:
(a)
Type 1
$54.00
(b)
Type 2
$214.00
(c)
Type 3
$427.00
(d)
Type 4
$641.00
(e) Type 5
Reserved Amount
§ 122-5. Certificate of occupancy.
Before a certificate of occupancy may be issued by the proper governmental agency, the Fire
Department shall be notified by application for approval for any change in use or occupancy
of existing business, mercantile or industrial establishment for the purpose of ascertaining and
causing to be corrected any condition liable to cause fire, endanger life from fire, or any
violations of the provisions or intent of this code and of any other ordinance affecting the fire
hazard.
§ 122-6. Modifications and amendments to code.
A. Appendix B of the BOCA Basic Fire Prevention Code/1978 is hereby amended
to provide for the utilization under the category entitled, "Accepted Engineering Practice
Standards, General" the National Fire Codes . . . . NFiPA 80 rather than NFiPA 77.
122:3
§ 122-6 FIRE PREVENTION § 122-7
B. The following additions and supplements are hereby made to the BOCA Basic Fire
Prevention Code/1978 as adopted by the Borough of Butler by way of Ordinance No.
80-20: [Added 4-21-1981 by Ord. No. 81-7]
(1)
Section F-105.1, General, is amended to add the following:
Any building or other structure which, for want of repairs, lack of adequate
exit facilities, automatic or other fire alarm apparatus or fire extinguishing
equipment, or by reason of age or dilapidated condition, or from any other
cause, creates a hazardous condition.
(3) Section F-104.3, Fee, is added as follows:
F-104.3 Fee: The fee for an application for an appeal shall be $25.
§ 122-7. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89; 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this article shall be subject
to such penalties as are provided for in Chapter 230, Violations and Penalties, of the Code of
the Borough of Butler.
122:4
§ 122-8
BUTLER CODE
§ 122-11
ARTICLE II
Enforcement of Uniform Fire Safety Code
[Adopted 8-20-1985 by Ord. No. 85-11]
§ 122-8. Local enforcement. [Amended 8-16-1988 by Ord. No. 23-88]
Pursuant to Section 11 of Uniform Fire Safety Act (P.L. 1983, c. 383),1 the New Jersey
Uniform Fire Code shall be locally enforced in the municipality of the Borough of Butler.
§ 122-9. Designation of enforcing agency.
The local enforcing agency shall be the Bureau of Fire Prevention within the Fire Department of
the Borough of Butler.
§ 122-10. Duties of enforcing agency.
The local enforcing 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 Butler, 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.
§ 122-10.1. Parking violation enforcement. [Added 1-4-1989 by Ord. No. 1-89]
A. The local enforcing agency and its members are hereby authorized and empowered with the
ability to issue summonses and penalties to any individual who violates any laws, ordinances,
rules or regulations promulgated pursuant to the New Jersey Uniform Fire Code regarding fire
zones and the illegal parking of automobiles or other obstacles or obstructions therein.
B. Said agency shall also be empowered with the ability to issue citations for the violation of
any municipal ordinance pertaining to fire prevention.
C. The issuance of any summons or citation by said agency shall be treated in the same
manner as if issued by the Police Department.
§ 122-11. Inspection of life hazard uses.
The local enforcing agency established by § 122-9 of this Article shall carry out periodic
inspections of life hazard uses required by the Uniform Code on behalf of the Commissioner
of Community Affairs.
1. Editor's Note: See N.J.S.A. 52:27D-202.
122:5
§ 122-12 FIRE PREVENTION § 122-16
§ 122-12. Supervision and control of enforcing agency.
The local enforcing agency established by § 122-9 of this Article shall be a part of the Fire
Department of the Borough of Butler and shall be under the direct supervision and control of the
Fire Official, who will supervise the activities of the agency.
§ 122-13. Fire Official. [Amended 6-3-1986 by Ord. No. 11-86]
The Fire Chief shall recommend to the Borough Council an appointment for the position of Fire
Official. The Fire Official shall be selected by the Borough Council and shall serve at the pleasure
of the Borough Council. The Fire Official must be certified to perform the functions of a Fire
Official pursuant to Subchapter 4 of Chapter 18A of Title 5 of the New Jersey Administrative Code.
§ 122-14. Inspectors and other employees.
A. Appointment. Such inspectors and other employees as may be necessary in the local enforcing
agency shall be appointed by the Borough Council of the Borough of Butler upon the
recommendation of the Fire Official. Said inspectors shall be members of the Borough of
Butler Volunteer Fire Department. They shall be entitled to only such benefits as
approved by the Borough Council. They shall be under the direction of the Fire Official.
B. Removal from office. Inspectors and other employees of the enforcing agency shall be
subject to removal by the Borough of Butler for inefficiency or misconduct. Each
inspector or employee to be so removed shall be afforded an opportunity to be heard by the
appointing authority or a designated hearing officer.
§ 122-15. Appeals.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,2 any person aggrieved by an
order of the local enforcement agency shall have the right to appeal to the Construction Board of
Appeals of the Borough of Butler.
§ 122-16. Additional inspections and fees. [Amended 6-3-1986 by Ord. No. 11-86; 6-19-2012
by Ord. No. 2012-12; 12/16/2025 by Ord. No. 2025-11]
The following yearly Registration/Inspection fees shall be required for all non-life-hazard uses:
$75.00 which shall be paid to the Borough of Butler on or before January 31 of each calendar year.
2. Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.
122:6
§ 122-17 FIRE PREVENTION § 122-17
ARTICLE III
Rapid Entry Key Lock Boxes
[Adopted 3-20-2012 by Ord. No. 2012-1]
§ 122-17 Rapid Entry Key Lock Boxes Required.
A. Rapid entry key lock boxes shall be required on the following buildings or structures. The
owner and occupant shall purchase and install a lock box in an accessible location to be
approved by the Fire Official:
(1) Buildings where there is a need for forcible entry during hours in which the structure is
unoccupied;
(2) Buildings equipped with a sprinkler system or other suppression system and/or an
automatic alarm system;
(3) Buildings where there are exit areas that may not be visible from the exterior of the
structure;
(4) All multiple dwelling buildings, which contain more than two (2) units, and which
include any common area between the individual units, and which common area is locked
from the outside of the building.
(5) All day care/nurseries and public and private schools.
(6) All municipal buildings
(7) All community clubhouses and recreation centers.
(8) All places of worship.
(9) When, in the opinion of the Fire Official, access to or within a building or structure
subject to the Uniform Fire Code is unduly difficult because of secured openings or where
immediate access is necessary for lifesaving or firefighting purposes.
B. A building with twenty-four-hour security is exempt from the lock box requirement.
C. The lock box shall be an approved type and shall be uniform within the Borough of Butler.
Access to lock boxes shall be available only to authorized Fire Department personnel and only
by the master key. For security of the lock box, a tamper alarm may be connected to the
building's burglar alarm system.
122:7
§ 122-17 FIRE PREVENTION § 122-19
D. The lock box shall contain the following items:
(1) Updated keys necessary for access to all portions of the premises.
(2) Keys to fire alarm control panels; keys necessary to service fire alarm control panels, and
keys necessary to operate or service fire protection systems.
(3) Electronic entry cards if used in the building.
(4) Elevator control keys.
(5) Emergency Contact Information to include:
a. Off hours Contacts
b. Alarm Company Contacts
E. A current emergency and hazardous chemical inventory list and a binder containing the Material
Safety Data Sheets (MSDS) shall be available to first responders. The location of these items
shall be identified in the lock box.
F. Any lock box required to be installed under this section or any preexisting lock box shall be
maintained by the owner or occupant of the premises.
G. The Borough of Butler and the Bureau of Fire Prevention, their agents and employees shall not
be liable for damages resulting from any break, failure or defect of any key box installed in
accordance with this article, or any accident or injury resulting therefrom.
§ 122-18 Time for Compliance.
All existing buildings shall comply with the requirements of this section within one (1) year from
the effective date of this ordinance. All newly constructed buildings, not yet occupied, or buildings
currently under construction and all buildings or businesses applying for a certificate of occupancy
or continued certificate of occupancy shall comply with the requirements of this section
immediately.
§ 122-19 Violations and Penalties.
Any responsible party in violation of any provision hereof shall receive written notice of violation(s)
and shall be provided thirty (30) days to correct any violation(s) and come into compliance. Any
responsible party, after receiving written notice by the Fire Official and failing to correct the
violation within the thirty (30) day period, shall be subject to a fine of up to five hundred ($500)
dollars for each day of continued noncompliance following the end of the designated thirty (30) day
period to correct any violation(s).
122:8
Chapter 124
FLOOD DAMAGE PREVENTION
§ 124-1.
Title.
§ 124-2.
Scope.
§ 124-3.
Purpose and Objectives.
§ 124-4.
Coordination with Building Codes.
§ 124-5.
Ordinary Building Maintenance and Minor Work.
§ 124-6.
Warning.
§ 124-7.
Other Laws.
§ 124-8. Violations and Penalties for Noncompliance.
§ 124-9. Abrogation and Greater Restrictions.
§ 124-10. General.
§ 124-11. Establishment of Flood Hazard Areas.
§ 124-12. Establishing the Local Design Flood Elevation.
§ 124-13. Floodplain Administrator Designation.
§ 124-14. General.
§ 124-15. Coordination.
§ 124-16. Duties
§ 124-17. Use of Changed Technical Data.
§ 124-18. Other Permits.
§ 124-19. Determination of Local Design Flood Elevations.
§ 124-20. Requirement to Submit New Technical Data.
§ 124-21. Activities in Riverine Flood Hazard Areas.
§ 124-22. Floodway Encroachment.
§ 124-23. Watercourse Alteration.
§ 124-24. Development in Riparian Zones.
§ 124-25. Substantial Improvement and Substantial Damage Determination.
§ 124-26. Department Records.
§ 124-27. Liability.
§ 124-28. Permits Required.
§ 124-29. Application for Permit.
§ 124-30. Validity of Permit.
§ 124-31. Expiration.
§ 124-32. Suspension of Revocation
§ 124-33. Information for Development in Flood Hazard Areas.
§ 124-34. Information in Flood Hazard Areas Without Base Flood Elevations.
§ 124-35. Analyses and Certifications by a Licensed Professional Engineer.
§ 124-36. Submission of Additional Data.
§ 124-37. General.
§ 124-38. Inspections of Development.
§ 124-39. Buildings and Structures.
§ 124-40. Manufactured Homes.
§ 124-41. General.
§ 124-42. Historic Structures.
§ 124-43. Functionally Dependent Uses.
§ 124-44. Restrictions in Floodways.
§ 124-45. Considerations.
§ 124-46. Conditions for Issuance.
§ 124-47. Violations.
§ 124-48. Authority.
§ 124-49. Unlawful Continuance.
§ 124-50. Review Period to Correct Violations.
124:1
§ 124-51. General.
§ 124-52. Definitions.
§ 124-53. General.
§ 124-54. Subdivision Requirements.
§ 124-55. Encroachment in Floodways.
§ 124-56. Sewer Facilities.
§ 124-57. Water Facilities.
§ 124-58. Storm Drainage.
§ 124-59. Streets and Sidewalks.
§ 124-60. Limitations on Placement of Fill.
§ 124-61. Hazardous Materials.
§ 124-62. General.
§ 124-63. Elevation.
§ 124-64. Foundations.
§ 124-65. Anchoring.
§ 124-66. Enclosures.
§ 124-67. Protection of Mechanical Equipment and Outside Appliances.
§ 124-68. Placement Prohibited.
§ 124-69. Temporary Placement.
§ 124-70. Permanent Placement.
§ 124-71. Tanks.
§ 124-72. General Requirements for Other Development and Building Work.
§ 124-73. Requirements for Habitable Buildings and Structures.
§ 124-74. Garages and Accessory Storage Structures.
§ 124-75. Fences.
§ 124-76. Retaining Walls, Sidewalks, and Driveways.
§ 124-77. Swimming Pools.
§ 124-78. Roads and Watercourse Crossings.
§ 124-79. Temporary Structures.
§ 124-80. Temporary Storage.
§ 124-81. Floodway Encroachment.
§ 124-82. Utility and Miscellaneous Group U
§ 124-83. Flood Loads.
§ 124-84. Elevation.
§ 124-85. Enclosures Below Base Flood Elevation.
§ 124-86. Flood-Damage Resistant Materials.
§ 124-87. Protection of Mechanical, Plumbing, and Electrical Systems.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 5-17-1988 by
Ord. No. 11-88.; 8-18-2025 Replaced by Ord. No. 2025-
09]
124:2
ARTICLE I
SCOPE AND ADMINISTRATION
§124-1. Title. These regulations, in combination with the flood provisions of the Uniform
Construction Code (UCC) N.J.A.C. 5:23 (hereinafter “Uniform Construction Code,” consisting
of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the
New Jersey Flood Hazard Area Control Act (hereinafter “FHACA”), N.J.A.C. 7:13, shall be
known as the Floodplain Management Regulations of the Borough of Butler (hereinafter
“these regulations”).
§124-2. Scope. These regulations, in combination with the flood provisions of the Uniform
Construction Code and FHACA shall apply to all proposed development in flood hazard areas
established in Article II of these regulations.
§124-3. Purposes and objectives. The purposes and objectives of these regulations are to
promote the public health, safety and general welfare and to minimize public and private losses
due to flood conditions in specific flood hazard areas through the establishment of
comprehensive regulations for management of flood hazard areas, designed to:
A. Protect human life and health.
L. Prevent unnecessary disruption of commerce, access, and public service during times
of flooding.
M. Manage the alteration of natural floodplains, stream channels and shorelines;
D. Manage filling, grading, dredging and other development which may increase flood damage
or erosion potential.
E. Prevent or regulate the construction of flood barriers which will divert floodwater or increase
flood hazards.
N. Contribute to improved construction techniques in the floodplain.
O. Minimize damage to public and private facilities and utilities.
P. Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas.
Q. Minimize the need for rescue and relief efforts associated with flooding.
R. Ensure that property owners, occupants, and potential owners are aware of property
located in flood hazard areas.
S. Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events.
T. Meet the requirements of the National Flood Insurance Program for community participation
set forth in Title 44 Code of Federal Regulations, §59.22.
124:3
§ 124-4 FLOOD DAMAGE PREVENTION § 124-8
§124-4. Coordination with Building Codes. Pursuant to the requirement established in
N.J.A.C. 5:23, the Uniform Construction Code, that the Borough of Butler administer and
enforce the State building codes, the Mayor and Council of the Borough of Butler does hereby
acknowledge that the Uniform Construction Code contains certain provisions that apply to the
design and construction of buildings and structures in flood hazard areas. Therefore, these
regulations are intended to be administered and enforced in conjunction with the Uniform
Construction Code.
§124-5. Ordinary Building Maintenance and Minor Work. Improvements defined as
ordinary building maintenance and minor work projects by the Uniform Construction Code
including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures,
decks, walls, partitions, new flooring materials, roofing, etc. shall be evaluated by the
Floodplain Administrator through the floodplain development permit to ensure compliance with
the Substantial Damage and Substantial Improvement §124-14 of this ordinance.
§124-6. Warning. The degree of flood protection required by these regulations is considered
reasonable for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur. Flood heights may be increased by man-made or natural causes.
Enforcement of these regulations does not imply that land outside the special flood hazard areas,
or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.
§124-7. Other laws. The provisions of these regulations shall not be deemed to nullify any
provisions of local, State, or Federal law.
§124-8. Violations and Penalties for Noncompliance. No structure or land shall hereafter
be constructed, re-located to, extended, converted, or altered without full compliance with the
terms of this ordinance and other applicable regulations. Violation of the provisions of this
ordinance by failure to comply with any of its requirements (including violations of conditions
and safeguards established in connection with conditions) shall constitute a violation under
N.J.S.A. 40:49-5. Any person who violates this ordinance or fails to comply with any of its
requirements shall be subject to one (1) or more of the following: a fine of not more than
$1250, imprisonment for a term not exceeding ninety(90) days or a period of community service
not exceeding 90 days.
Each day in which a violation of an ordinance exists shall be considered to be a separate and
distinct violation subject to the imposition of a separate penalty for each day of the violation as
the Court may determine except that the owner will be afforded the opportunity to cure or abate
the condition during a 30 day period and shall be afforded the opportunity for a hearing before
the court for an independent determination concerning the violation. Subsequent to the
expiration of the 30 day period, a fine greater than $1250 may be imposed if the court has not
determined otherwise, or if upon reinspection of the property, it is determined that the
abatement has not been substantially completed.
Any person who is convicted of violating an ordinance within one year of the date of a previous
violation of the same ordinance and who was fined for the previous violation, shall be
sentenced by a court to an additional fine as a repeat offender. The additional fine imposed
by the court upon a person for a repeated offense shall not be less than the minimum or exceed
the maximum fine fixed for a violation of the ordinance but shall be calculated separately from
the fine imposed for the violation of the ordinance.
124:4
§ 124-8 FLOOD DAMAGE PREVENTION § 124-11
§124-8.1 Solid Waste Disposal in a Flood Hazard Area. Any person who has unlawfully
disposed of solid waste in a floodway or floodplain who fails to comply with this ordinance or
fails to comply with any of its requirements shall upon conviction thereof be fined not more than
$2500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.
§124-9. Abrogation and greater restrictions. These regulations supersede any ordinance in
effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate
any existing ordinances including land development regulations, subdivision regulations,
zoning ordinances, stormwater management regulations, or building codes. In the event of a
conflict between these regulations and any other ordinance, code, or regulation, the more
restrictive shall govern.
ARTICLE II
APPLICABILITY
§124-10. General. These regulations, in conjunction with the Uniform Construction Code,
provide minimum requirements for development located in flood hazard areas, including the
subdivision of land and other developments; site improvements and installation of utilities;
placement and replacement of manufactured homes; placement of recreational vehicles; new
construction and alterations, repair, reconstruction, rehabilitation or additions of existing
buildings and structures; substantial improvement of existing buildings and structures,
including repair of substantial damage; installation of tanks; temporary structures and
temporary or permanent storage; utility and miscellaneous Group U buildings and structures;
and certain building work exempt from permit under the Uniform Construction Code; and other
buildings and development activities.
§124-11. Establishment of Flood Hazard Areas. The Borough of Butler was accepted for
participation in the National Flood Insurance Program on October 15, 1985.
The National Flood Insurance Program (NFIP) floodplain management regulations encourage
that all Federal, State, and Local regulations that are more stringent than the minimum NFIP
standards take precedence in permitting decisions. The FHACA requires that the effective
Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and
Department delineations be compared to determine the most restrictive mapping. The FHACA
also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in
size and most riparian zones in New Jersey. Because of these higher standards, the regulated
flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA
Special Flood Hazard Area. Maps and studies that establish flood hazard areas are on file at
the office of the Floodplain Administrator located at the Borough of Butler municipal building at
One Ace Road, Butler, New Jersey 07405.
The following sources identify flood hazard areas in this jurisdiction and must be considered
when determining the Best Available Flood Hazard Data Area:
124:5
§ 124-11 FLOOD DAMAGE PREVENTION § 124-11
A.
Effective Flood Insurance Studies.
1. Special Flood Hazard Areas (SFHAs) identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled “Flood Insurance
Study for Morris County, New Jersey (All Jurisdictions), Community No. 340337 dated
August 19, 2025 and an accompanying Flood Insurance Rate Map (FIRM) identified as
34027C0177F whose top level document (appendix map) effective date is August 19,
2025, are hereby adopted by reference.
2. Special flood hazard areas (SFHAs) identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled Flood Insurance Study, Borough
of Butler, Morris County, New Jersey, Community Number 340337, Product ID
340337V000, dated October 15, 1985, and the accompanying Flood Insurance Rate
Map (FIRM) and Flood Boundary and Floodway Map identified in Table 102.2(1) whose
effective date is August 19, 2025, are hereby adopted by reference.
Table 102.2(1)
Map Panel No.
Effective Date
Suffix
Type
340337 0001
8-19-2025
B
Flood Insurance Rate Map
340337 0001
8-19-2025
Flood Boundary and Floodway Map
B. Federal Best Available Information. Borough of Butler shall utilize Federal flood
information that provides more detailed hazard information, higher flood elevations, larger
flood hazard areas, and results in more restrictive regulations. This information may include
but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory
Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM). Additional Federal
Best Available studies issued after the date of this ordinance must also be considered.
These studies are listed on FEMA’s Map Service Center. This information shall be used for
floodplain regulation purposes only.
Table 102.2(2)
Map Panel No. Preliminary
Date
34027C0063F
2-26-2016
34027C0064F
2-26-2016
34027C0176F
2-26-2016
34027C0177F
2-26-2016
124:6
§ 124-11 FLOOD DAMAGE PREVENTION § 124-11
C. Other Best Available Data. Borough of Butler shall utilize high water elevations from
flood events, groundwater flooding areas, studies by federal or state agencies, or other
information deemed appropriate by the Borough of Butler. Other “best available
information” may not be used which results in less restrictive flood elevations, design
standards, or smaller flood hazard areas than described in § 124-11(1) and (2), above.
This information shall be used for floodplain regulation purposes only
D. State Regulated Flood Hazard Areas. For State regulated waters, the NJ Department
of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and
the space above that land, which lies below the “Flood Hazard Area Control Act Design
Flood Elevation”, as defined in § 201, and as described in the New Jersey Flood Hazard
Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every
regulated water that has a drainage area of 50 acres or greater. Such area may extend
beyond the boundaries of the Special Flood Hazard Areas (SFHAs) as identified by
FEMA. The following is a list of New Jersey State studied waters in this community under
the FHACA, and their respective map identification numbers.
Table 104-12(3) List of State Studied Waters
Name of Studied Water Body
§ Studied
File Name
Stream
Project
Sheet No.
Image Type
BDALE009p
Pequannock River - UNT
Bloomingdale
03p
Profile
BDALE010p
Pequannock River
Bloomingdale
04p
Profile
BDALE011p
Pequannock River
Bloomingdale
05p
Profile
BDALE018p
Oakwood Lake Brook
Bloomingdale
12pr
Profile
G0000072p
Stone House Brook
G
07PR
Profile
G0000073p
Stone House Brook
G
06P
Profile
G0000074p
Stone House Brook
G
05P
Profile
G0000075p
Pequannock River
G
04P
Profile
G0000076p
Pequannock River
G
03P
Profile
G0000077p
Pequannock River
G
02PR
Profile
G0000078p
Pequannock River
G
01P
Profile
G0000096p
Pequannock River
G
05P
Profile
G0000097p
Pequannock River
G
04P
Profile
G0000098p
Pequannock River
G
03P
Profile
G0000099p
Pequannock River
G
02P
Profile
J0000083p
Pequannock River
J
42
Profile
124:7
§ 124-12 FLOOD DAMAGE PREVENTION § 124-13
§124-12. Establishing the Local Design Flood Elevation (LDFE).
The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined
in § 124-1, above, using the best available flood hazard data sources, and the Flood Hazard
Area Control Act minimum Statewide elevation requirements for lowest floors in A zones, ASCE
24 requirements for critical facilities as specified by the building code, plus additional freeboard
as specified by this ordinance.
At a minimum, the Local Design Flood Elevation shall be as follows:
E. For a delineated watercourse, the elevation associated with the Best Available Flood
Hazard Data Area determined in § 124-11, above plus one foot or as described by
N.J.A.C. 7:13 of freeboard; or
F. For any undelineated watercourse (where mapping or studies described in 124-11(A)
and (B) above are not available) that has a contributory drainage area of 50 acres or
more, the applicants must provide one of the following to determine the Local Design
Flood Elevation:
1. A copy of an unexpired NJDEP Flood Hazard Area Verification plus one foot of
freeboard and any additional freeboard as required by ASCE 24; or
2. A determination of the Flood Hazard Area Design Flood Elevation using Method 5 or
Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional
freeboard as required by ASCE 24. Any determination using these methods must be
sealed and submitted according to § 124-34C
C. AO Zones – For Zone AO areas on the municipality’s FIRM (or on preliminary flood
elevation guidance from FEMA), the Local Design Flood Elevation is determined from the
FIRM panel as the highest adjacent grade plus the depth number specified plus one foot
of freeboard. If no depth number is specified, the Local Design Flood Elevation is three (3)
feet above the highest adjacent grade.
G. Class IV Critical Facilities – For any proposed development of new and substantially
improved Flood Design Class IV Critical Facilities, the Local Design Flood Elevation must
be the higher of the 0.2% annual chance (500 year) flood elevation or the Flood Hazard
Area Design Flood Elevation with an additional 2 feet of freeboard in accordance with
ASCE 24.
ARTICLE III
DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
§124-13. Floodplain Administrator Designation. The Borough Engineer is designated the
Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate
performance of certain duties to other employees.
124:8
§ 124-14 FLOOD DAMAGE PREVENTION § 124-16
§124-14. General. The Floodplain Administrator is authorized and directed to administer the
provisions of these regulations. The Floodplain Administrator shall have the authority to render
interpretations of these regulations consistent with the intent and purpose of these regulations
and to establish policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies and procedures shall be consistent with the intent and purpose of these
regulations and the flood provisions of the building code and shall not have the effect of waiving
specific requirements without the granting of a variance pursuant to § 1 of these regulations.
§124-15. Coordination. The Floodplain Administrator shall coordinate with the Construction
Official to administer and enforce the flood provisions of the Uniform Construction Code.
§124-16. Duties. The duties of the Floodplain Administrator shall include but are not limited to:
A. Review all permit applications to determine whether proposed development is located in
flood hazard areas established in Chapter II of these regulations.
B. Require development in flood hazard areas to be reasonably safe from flooding and to be
designed and constructed with methods, practices and materials that minimize flood
damage.
C. Interpret flood hazard area boundaries and provide available flood elevation and flood
hazard information.
D. Determine whether additional flood hazard data shall be obtained or developed.
E. Review required certifications and documentation specified by these regulations and the
building code to determine that such certifications and documentations are complete.
F. Establish, in coordination with the Construction Official, written procedures for administering
and documenting determinations of substantial improvement and substantial damage
made pursuant to § 103.14 of these regulations.
G. Coordinate with the Construction Official and others to identify and investigate damaged
buildings located in flood hazard areas and inform owners of the requirement to obtain
permits for repairs.
H. Review requests submitted to the Construction Official seeking approval to modify the strict
application of the flood load and flood resistant construction requirements of the Uniform
Construction code to determine whether such requests require consideration as a variance
pursuant to Chapter VII of these regulations.
I.
Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain the
Flood Insurance Rate Maps when the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations; such submissions shall be made
within 6 months of such data becoming available.
J. Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions
and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the
Federal Emergency Management Agency (FEMA).
124:9
§ 124-16 FLOOD DAMAGE PREVENTION § 124-19
K. Inspect development in accordance with § Chapter VI of these regulations and inspect flood
hazard areas to determine if development is undertaken without issuance of permits.
L. Prepare comments and recommendations for consideration when applicants seek
variances in accordance with Chapter VII of these regulations.
M. Cite violations in accordance with Chapter VIII of these regulations.
N. Notify the Federal Emergency Management Agency when the corporate boundaries of
Borough of Butler have been modified.
O. Permit Ordinary Maintenance and Minor Work in the regulated areas discussed in §124-11
§124-17. Use of changed technical data. The Floodplain Administrator and the applicant
shall not use changed flood hazard area boundaries or base flood elevations for proposed
buildings or developments unless the Floodplain Administrator or applicant has applied for a
Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision
and has received the approval of the Federal Emergency Management Agency. A revision of
the effective FIRM does not remove the related feature(s) on a flood hazard area delineation
that has been promulgated by the NJDEP. A separate application must be made to the State
pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard
area limit, floodway limit, and/or other related feature.
§124-18. Other permits. It shall be the responsibility of the Floodplain Administrator to assure
that approval of a proposed development shall not be given until proof that necessary permits
have been granted by Federal or State agencies having jurisdiction over such development,
including § 404 of the Clean Water Act. In the event of conflicting permit requirements, the
Floodplain Administrator must ensure that the most restrictive floodplain management
standards are reflected in permit approvals.
§124-19. Determination of Local Design Flood Elevations. If design flood elevations are not
specified, the Floodplain Administrator is authorized to require the applicant to:
A. Obtain, review, and reasonably utilize data available from a Federal, State, or other source,
or
B. Determine the design flood elevation in accordance with accepted hydrologic and hydraulic
engineering techniques. Such analyses shall be performed and sealed by a licensed
professional engineer. Studies, analyses, and computations shall be submitted in sufficient
detail to allow review and approval by the Floodplain Administrator. The accuracy of data
submitted for such determination shall be the responsibility of the applicant.
It shall be the responsibility of the Floodplain Administrator to verify that the applicant’s
proposed Best Available Flood Hazard Data Area and the Local Design Flood Elevation in any
development permit accurately applies the best available flood hazard data and methodologies
for determining flood hazard areas and design elevations described in §124-11 and §124-12
respectively. This information shall be provided to the Construction Official and documented
according to §124-27.
124:10
§ 124-20 FLOOD DAMAGE PREVENTION § 124-23
§124-20. Requirement to submit new technical data. Base Flood Elevations may increase
or decrease resulting from natural changes (e.g. erosion, accretion, channel migration,
subsidence, uplift) or man-made physical changes (e.g. dredging, filling, excavation) affecting
flooding conditions. As soon as practicable, but not later than six months after the date of a
man-made change or when information about a natural change becomes available, the
Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by
submitting technical or scientific data in accordance with Title 44 Code of Federal Regulations
§ 65.3. Such a submission is necessary so that upon confirmation of those physical changes
affecting flooding conditions, risk premium rates and floodplain management requirements will
be based upon current data.
§124-21. Activities in riverine flood hazard areas. In riverine flood hazard areas where
design flood elevations are specified but floodways have not been designated, the Floodplain
Administrator shall not permit any new construction, substantial improvement or other
development, including the placement of fill, unless the applicant submits an engineering
analysis prepared by a licensed professional engineer that demonstrates that the cumulative
effect of the proposed development, when combined with all other existing and anticipated flood
hazard area encroachment, will not increase the design flood elevation more than 0.2 feet at
any point within the community.
§124-22. Floodway encroachment. Prior to issuing a permit for any floodway encroachment,
including fill, new construction, substantial improvements and other development or land-
disturbing-activity, the Floodplain Administrator shall require submission of a certification
prepared by a licensed professional engineer, along with supporting technical data, that
demonstrates that such development will not cause any increase in the base flood level.
124-22.1. Floodway revisions. A floodway encroachment that increases the level of the base
flood is authorized if the applicant has applied for a Conditional Letter of Map Revision
(CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.
§124-23. Watercourse alteration. Prior to issuing a permit for any alteration or relocation of
any watercourse, the Floodplain Administrator shall require the applicant to provide notification
of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well
as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A
copy of the notification shall be maintained in the permit records and submitted to FEMA.
§124-23.1. Engineering analysis. The Floodplain Administrator shall require submission of
an engineering analysis prepared by a licensed professional engineer, demonstrating that the
flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained,
neither increased nor decreased. Such watercourses shall be maintained in a manner that
preserves the channel’s flood-carrying capacity.
124:11
§ 124-24 FLOOD DAMAGE PREVENTION § 124-7
§124-24. Development in riparian zones All development in Riparian Zones as described in
N.J.A.C. 7:13 is prohibited by this ordinance unless the applicant has received an individual or
general permit or has complied with the requirements of a permit by rule or permit by
certification from NJDEP Division of Land Resource Protection prior to application for a
floodplain development permit and the project is compliant with all other Floodplain
Development provisions of this ordinance. The width of the riparian zone can range between
50 and 300 feet and is determined by the attributes of the waterbody and designated in the
New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the riparian zone
located outside of a regulated water is measured landward from the top of bank. Applicants
can request a verification of the riparian zone limits or a permit applicability determination to
determine State permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land
Resource Protection.
§124.25. Substantial improvement and substantial damage determinations. When
buildings and structures are damaged due to any cause including but not limited to man-made,
structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as
described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and
structures, including alterations, movement, repair, additions, rehabilitations, renovations,
ordinary maintenance and minor work, substantial improvements, repairs of substantial
damage, and any other improvement of or work on such buildings and structures, the
Floodplain Administrator, in coordination with the Construction Official, shall:
A. Estimate the market value, or require the applicant to obtain a professional appraisal
prepared by a qualified independent appraiser, of the market value of the building or
structure before the start of construction of the proposed work; in the case of repair, the
market value of the building or structure shall be the market value before the damage
occurred and before any repairs are made.
B. Determine and include the costs of all ordinary maintenance and minor work, as discussed
in §124-5, performed in the floodplain regulated by this ordinance in addition to the costs
of those improvements regulated by the Construction Official in substantial damage and
substantial improvement calculations.
C. Compare the cost to perform the improvement, the cost to repair the damaged building to
its pre-damaged condition, or the combined costs of improvements and repairs, where
applicable, to the market value of the building or structure.
D. Determine and document whether the proposed work constitutes substantial improvement
or repair of substantial damage.
E. Notify the applicant in writing when it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood resistant
construction requirements of the building code is required and notify the applicant in writing
when it is determined that work does not constitute substantial improvement or repair of
substantial damage. The Floodplain Administrator shall also provide all letters documenting
substantial damage and compliance with flood resistant construction requirements of the
building code to the NJDEP Bureau of Flood Engineering.
124:12
§ 124-26 FLOOD DAMAGE PREVENTION § 124-28
§124-26. Department records. In addition to the requirements of the building code and these
regulations, and regardless of any limitation on the period required for retention of public
records, the Floodplain Administrator shall maintain and permanently keep and make available
for public inspection all records that are necessary for the administration of these regulations
and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies,
Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP
delineations, records of issuance of permits and denial of permits; records of ordinary
maintenance and minor work, determinations of whether proposed work constitutes substantial
improvement or repair of substantial damage; required certifications and documentation
specified by the Uniform Construction Code and these regulations including as-built Elevation
Certificates; notifications to adjacent communities, FEMA, and the State related to alterations
of watercourses; assurance that the flood carrying capacity of altered waterways will be
maintained; documentation related to variances, including justification for issuance or denial;
and records of enforcement actions taken pursuant to these regulations and the flood resistant
provisions of the Uniform Construction Code. The Floodplain Administrator shall also record
the required elevation, determination method, and base flood elevation source used to
determine the Local Design Flood Elevation in the floodplain development permit.
§124-27. Liability. The Floodplain Administrator and any employee charged with the
enforcement of these regulations, while acting for the jurisdiction in good faith and without
malice in the discharge of the duties required by these regulations or other pertinent law or
ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal
liability for any damage accruing to persons or property as a result of any act or by reason of
an act or omission in the discharge of official duties. Any suit instituted against an officer or
employee because of an act performed by that officer or employee in the lawful discharge of
duties and under the provisions of these regulations shall be defended by legal representative
of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator
and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted
in pursuance of the provisions of these regulations.
ARTICLE IV
PERMITS
§124-28. Permits Required. Any person, owner or authorized agent who intends to conduct
any development in a flood hazard area shall first make application to the Floodplain
Administrator and shall obtain the required permit. Depending on the nature and extent of
proposed development that includes a building or structure, the Floodplain Administrator may
determine that a floodplain development permit or approval is required in addition to a building
permit.
124:13
§ 124-29 FLOOD DAMAGE PREVENTION § 124-32
§124-29. Application for permit. The applicant shall file an application in writing on a form
furnished by the Floodplain Administrator. Such application shall:
A. Identify and describe the development to be covered by the permit.
B. Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and definitively
locate the site.
C. Indicate the use and occupancy for which the proposed development is intended.
D. Be accompanied by a site plan and construction documents as specified in Chapter V of
these regulations, grading and filling plans and other information deemed appropriate by
the Floodplain Administrator.
E. State the valuation of the proposed work, including the valuation of ordinary maintenance
and minor work.
F. Be signed by the applicant or the applicant's authorized agent.
§124-30. Validity of permit. The issuance of a permit under these regulations or the Uniform
Construction Code shall not be construed to be a permit for, or approval of, any violation of this
appendix or any other ordinance of the jurisdiction. The issuance of a permit based on
submitted documents and information shall not prevent the Floodplain Administrator from
requiring the correction of errors. The Floodplain Administrator is authorized to prevent
occupancy or use of a structure or site which is in violation of these regulations or other
ordinances of this jurisdiction.
§124-31. Expiration. A permit shall become invalid when the proposed development is not
commenced within 180 days after its issuance, or when the work authorized is suspended or
abandoned for a period of 180 days after the work commences. Extensions shall be requested
in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to
grant, in writing, one or more extensions of time, for periods not more than 180 days each.
§124-32. Suspension or revocation. The Floodplain Administrator is authorized to suspend
or revoke a permit issued under these regulations wherever the permit is issued in error or on
the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or
code of this jurisdiction.
124:14
§ 124-33 FLOOD DAMAGE PREVENTION § 124-33
ARTICLE V
SITE PLANS AND CONSTRUCTION DOCUMENTS
§124-33. Information for development in flood hazard areas. The site plan or construction
documents for any development subject to the requirements of these regulations shall be drawn
to scale and shall include, as applicable to the proposed development:
A. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood
elevation(s), and ground elevations when necessary for review of the proposed
development. For buildings that are located in more than one flood hazard area, the
elevation and provisions associated with the most restrictive flood hazard area shall apply.
B. Where base flood elevations or floodway data are not included on the FIRM or in the Flood
Insurance Study, they shall be established in accordance with §124-34
C. Where the parcel on which the proposed development will take place will have more than
50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM or
in the Flood Insurance Study, such elevations shall be established in accordance with §124-
34 of these regulations.
D. Location of the proposed activity and proposed structures, and locations of existing
buildings and structures.
E. Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
F. Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose. The applicant shall provide an engineering certification confirming that the
proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.
G. Extent of any proposed alteration of sand dunes.
H. Existing and proposed alignment of any proposed alteration of a watercourse.
I.
Floodproofing certifications, V Zone and Breakaway Wall Certifications, Operations and
Maintenance Plans, Warning and Evacuation Plans and other documentation required
pursuant to FEMA publications.
The Floodplain Administrator is authorized to waive the submission of site plans, construction
documents, and other data that are required by these regulations but that are not required to
be prepared by a registered design professional when it is found that the nature of the proposed
development is such that the review of such submissions is not necessary to ascertain
compliance.
124:15
§ 124-34 FLOOD DAMAGE PREVENTION § 124-35
§124-34. Information in flood hazard areas without base flood elevations (approximate
Zone A). Where flood hazard areas are delineated on the effective or preliminary FIRM and
base flood elevation data have not been provided, the applicant shall consult with the
Floodplain Administrator to determine whether to:
A. Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with
Appendix 1 of the FHACA to determine the required flood elevation.
B. Obtain, review, and reasonably utilize data available from a Federal, State or other source
when those data are deemed acceptable to the Floodplain Administrator to reasonably
reflect flooding conditions.
C. Determine the base flood elevation in accordance with accepted hydrologic and hydraulic
engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such
analyses shall be performed and sealed by a licensed professional engineer.
Studies, analyses, and computations shall be submitted in sufficient detail to allow review and
approval by the Floodplain Administrator prior to floodplain development permit issuance. The
accuracy of data submitted for such determination shall be the responsibility of the applicant.
Where the data are to be used to support a Letter of Map Change (LOMC) from FEMA, the
applicant shall be responsible for satisfying the submittal requirements and pay the processing
fees.
§124-35. Analyses and certifications by a Licensed Professional Engineer. As applicable
to the location and nature of the proposed development activity, and in addition to the
requirements of this §, the applicant shall have the following analyses signed and sealed by a
licensed professional engineer for submission with the site plan and construction documents:
A. For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed
development will not cause any increase in base flood elevations; where the applicant
proposes to undertake development activities that do increase base flood elevations, the
applicant shall submit such analysis to FEMA as specified in §of these regulations and shall
submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and
construction documents.
B. For development activities proposed to be located in a riverine flood hazard area where
base flood elevations are included in the FIS or FIRM but floodways have not been
designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect
of the proposed development, when combined with all other existing and anticipated flood
hazard area encroachments will not increase the base flood elevation more than 0.2 feet
at any point within the jurisdiction. This requirement does not apply in isolated flood hazard
areas not connected to a riverine flood hazard area or in flood hazard areas identified as
Zone AO or Zone AH.
124:16
§ 124-35 FLOOD DAMAGE PREVENTION § 124-39
C. For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices which demonstrates that the flood-carrying capacity of the
altered or relocated portion of the watercourse will not be decreased, and certification that
the altered watercourse shall be maintained, neither increasing nor decreasing the
channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as
specified in §124-36 of these regulations. The applicant shall notify the chief executive
officer of all affected adjacent jurisdictions, the NJDEP’s Bureau of Flood Engineering and
the Division of Land Resource Protection; and shall provide documentation of such
notifications.
D. For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood
hazard zones without base flood elevations (approximate A zones).
§124-36. Submission of additional data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an application, the
applicant has the right to seek a Letter of Map Change (LOMC) from FEMA to change the base
flood elevations, change floodway boundaries, or change boundaries of flood hazard areas
shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be
prepared by a licensed professional engineer in a format required by FEMA. Submittal
requirements and processing fees shall be the responsibility of the applicant.
ARTICLE VI
INSPECTIONS
§124-37. General. Development for which a permit is required shall be subject to inspection.
Approval as a result of an inspection shall not be construed to be an approval of a violation of
the provisions of these regulations or the building code. Inspections presuming to give
authority to violate or cancel the provisions of these regulations or the building code or other
ordinances shall not be valid.
§124-38. Inspections of development. The Floodplain Administrator shall inspect all
development in flood hazard areas authorized by issuance of permits under these regulations.
The Floodplain Administrator shall inspect flood hazard areas from time to time to determine
if development is undertaken without issuance of a permit.
§124-39. Buildings and structures. The Construction Official shall make or cause to be made,
inspections for buildings and structures in flood hazard areas authorized by permit in
accordance with the Uniform Construction Code, N.J.A.C. 5:23.
A. Lowest floor elevation. Upon placement of the lowest floor, including the basement, and
prior to further vertical construction, certification of the elevation required in §124-74 shall
be submitted to the Construction Official on an Elevation Certificate.
B. Lowest horizontal structural member. Upon placement of the lowest floor, including the
basement, and prior to further vertical construction, certification of the elevation required in
§124-74 shall be submitted to the Construction Official on an Elevation Certificate.
124:17
§ 124-39 FLOOD DAMAGE PREVENTION § 124-44
C. Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and
other service equipment) and sanitary facilities elevated as discussed in §124-74.
D. Final inspection. Prior to the final inspection, certification of the elevation required in §124-
74 shall be submitted to the Construction Official on an Elevation Certificate.
§124-40. Manufactured homes. The Floodplain Administrator shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine compliance with the
requirements of these regulations and the conditions of the issued permit. Upon placement of
a manufactured home, certification of the elevation of the lowest floor shall be submitted on an
Elevation Certificate to the Floodplain Administrator prior to the final inspection.
ARTICLE VII
VARIANCES
§124-41. General. The Butler Planning Board shall hear and decide requests for variances.
The Butler Planning Board shall base its determination on technical justifications submitted by
applicants, the considerations for issuance in §124-45, the conditions of issuance set forth in
§124-46, and the comments and recommendations of the Floodplain Administrator and, as
applicable, the Construction Official. The Butler Planning Board has the right to attach such
conditions to variances as it deems necessary to further the purposes and objectives of these
regulations.
§124-42. Historic structures. A variance to the substantial improvement requirements of this
ordinance is authorized provided that the repair or rehabilitation of a historic structure is
completed according to N.J.A.C. 5:23-6.33, §1612 of the International Building Code and R322
of the International Residential Code, the repair or rehabilitation will not preclude the
structure's continued designation as a historic structure, the structure meets the definition of
the
historic
structure
as
described
by
this
ordinance,
and
the
variance
is
the minimum necessary to preserve the historic character and design of the structure.
§124-43. Functionally dependent uses. A variance is authorized to be issued for the
construction or substantial improvement necessary for the conduct of a functionally dependent
use provided the variance is the minimum necessary to allow the construction or substantial
improvement, and that all due consideration has been given to use of methods and materials
that minimize flood damage during the base flood and create no additional threats to public
safety.
§124-44. Restrictions in floodways. A variance shall not be issued for any proposed
development in a floodway when any increase in flood levels would result during the base flood
discharge, as evidenced by the applicable analysis and certification required in §124-34A of
these regulations.
124:18
§ 124-45 FLOOD DAMAGE PREVENTION § 124-46
§124-45. Considerations. In reviewing requests for variances, all technical evaluations, all
relevant factors, all other portions of these regulations, and the following shall be considered:
A. The danger that materials and debris may be swept onto other lands resulting in further
injury or damage.
B. The danger to life and property due to flooding or erosion damage.
C. The susceptibility of the proposed development, including contents, to flood damage and
the effect of such damage on current and future owners.
D. The importance of the services provided by the proposed development to the community.
E. The availability of alternate locations for the proposed development that are not subject to
flooding or erosion and the necessity of a waterfront location, where applicable.
F. The compatibility of the proposed development with existing and anticipated development.
G. The relationship of the proposed development to the comprehensive plan and floodplain
management program for that area.
H. The safety of access to the property in times of flood for ordinary and emergency vehicles.
I.
The expected heights, velocity, duration, rate of rise and debris and sediment transport of
the floodwater and the effects of wave action, where applicable, expected at the site.
J. 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, streets, and bridges.
§124-46. Conditions for issuance. Variances shall only be issued upon:
A. Submission by the applicant of a showing of good and sufficient cause that the unique
characteristics of the size, configuration or topography of the site limit compliance with any
provision of these regulations or renders the elevation standards of the building code
inappropriate.
B. A determination that failure to grant the variance would result in exceptional hardship due
to the physical characteristics of the land that render the lot undevelopable.
C. A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, nor create nuisances,
cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
D. A determination that the variance is the minimum necessary, considering the flood hazard,
to afford relief.
E. Notification to the applicant in writing over the signature of the Floodplain Administrator that
the issuance of a variance to construct a structure below the base flood level will result in
increased premium rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverage, and that such construction below the base flood level increases risks
to life and property.
124:19
§ 124-47 FLOOD DAMAGE PREVENTION § 124-52
ARTICLE VIII
VIOLATIONS
§124-47. Violations. Any development in any flood hazard area that is being performed
without an issued permit or that is in conflict with an issued permit shall be deemed a violation.
A building or structure without the documentation of elevation of the lowest floor, other
required design certifications, or other evidence of compliance required by the building code
is presumed to be a violation until such time as that documentation is provided.
§124-48. Authority. The Floodplain Administrator is authorized to serve notices of violation
or stop work orders to owners of property involved, to the owner’s agent, or to the person or
persons doing the work for development that is not within the scope of the Uniform
Construction Code, but is regulated by these regulations and that is determined to be a
violation.
§124-49. Unlawful continuance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person is
directed to perform to remove or remedy a violation or unsafe condition, shall be subject to
penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.
§124-50. Review Period to Correct Violations. A 30-day period shall be given to the
property owner as an opportunity to cure or abate the condition. The property owner shall
also be afforded an opportunity for a hearing before the court for an independent
determination concerning the violation. Subsequent to the expiration of the 30-day period, a
fine greater than $1,250.00 may be imposed if a court has not determined otherwise or, upon
reinspection of the property, it is determined that the abatement has not been substantially
completed.
ARTICLE IX
DEFINITIONS
§124-51. General. The following words and terms shall, for the purposes of these regulations,
have the meanings shown herein. Other terms are defined in the Uniform Construction Code
N.J.A.C. 5:23 and terms are defined where used in the International Residential Code and
International Building Code (rather than in the definitions section ). Where terms are not
defined, such terms shall have ordinarily accepted meanings such as the context implies.
§124-52. Definitions.
30 DAY PERIOD – The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner
is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation
pertaining to this ordinance has been issued.
100 YEAR FLOOD ELEVATION – Elevation of flooding having a 1% annual chance of being
equaled or exceeded in a given year which is also referred to as the Base Flood Elevation.
500 YEAR FLOOD ELEVATION – Elevation of flooding having a 0.2% annual chance of being
equaled or exceeded in a given year.
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A ZONES – Areas of ‘Special Flood Hazard in which the elevation of the surface water
resulting from a flood that has a 1% annual chance of equaling or exceeding the Base Flood
Elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) zones A,
AE, AH, A1–A30, AR, AR/A, AR/AE, AR/A1– A30, AR/AH, and AR/AO. When used in
reference to the development of a structure in this ordinance, A Zones are not inclusive of
Coastal A Zones because of the higher building code requirements for Coastal A Zones.
AH ZONES– Areas subject to inundation by 1-percent-annual-chance shallow flooding (usually
areas of ponding) where average depths are between one and three feet. Base Flood
Elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
AO ZONES – Areas subject to inundation by 1-percent-annual-chance shallow flooding
(usually sheet flow on sloping terrain) where average depths are between one and three feet.
ACCESSORY STRUCTURE – Accessory structures are also referred to as appurtenant
structures. An accessory structure is a structure which is on the same parcel of property as a
principal structure and the use of which is incidental to the use of the principal structure. For
example, a residential structure may have a detached garage or storage shed for garden tools
as accessory structures. Other examples of accessory structures include gazebos, picnic
pavilions, boathouses, small pole barns, storage sheds, and similar buildings.
AGRICULTURAL STRUCTURE - A structure used solely for agricultural purposes in which the
use is exclusively in connection with the production, harvesting, storage, drying, or raising of
agricultural commodities, including the raising of livestock. Communities must require that new
construction or substantial improvements of agricultural structures be elevated or floodproofed
to or above the Base Flood Elevation (BFE) as any other nonresidential building. Under some
circumstances it may be appropriate to wet-floodproof certain types of agricultural structures
when located in wide, expansive floodplains through issuance of a variance. This should only
be done for structures used for temporary storage of equipment or crops or temporary shelter
for livestock and only in circumstances where it can be demonstrated that agricultural
structures can be designed in such a manner that results in minimal damage to the structure
and its contents and will create no additional threats to public safety. New construction or
substantial improvement of livestock confinement buildings, poultry houses, dairy operations,
similar livestock operations and any structure that represents more than a minimal investment
must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).
AREA OF SHALLOW FLOODING – A designated Zone AO, AH, AR/AO or AR/AH (or VO) on
a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual 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 – see SPECIAL FLOOD HAZARD AREA
ALTERATION OF A WATERCOURSE – A dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-§al area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
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ASCE 7 – The standard for the Minimum Design Loads for Buildings and Other Structures,
referenced by the building code and developed and published by the American Society of Civil
Engineers, Reston, VA. Which includes but is not limited to methodology and equations
necessary for determining structural and flood-related design requirements and determining
the design requirements for structures that may experience a combination of loads including
those from natural hazards. Flood related equations include those for determining erosion,
scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris
impact.
ASCE 24 – The standard for Flood Resistant Design and Construction, referenced by the
building code and developed and published by the American Society of Civil Engineers,
Reston, VA. References to ASCE 24 shall mean ASCE 24-14 or the most recent version of
ASCE 24 adopted in the UCC Code [N.J.A.C. 5:23].
BASE FLOOD ELEVATION (BFE) – The water surface elevation resulting from a flood that
has a 1-percent or greater chance of being equaled or exceeded in any given year, as shown
on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from
FEMA. May also be referred to as the “100-year flood elevation”.
BASEMENT – Any area of the building having its floor subgrade (below ground level) on all
sides.
BEST AVAILABLE FLOOD HAZARD DATA – The most recent available preliminary flood risk
guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but
not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA AREA- The areal mapped extent associated with
the most recent available preliminary flood risk guidance FEMA has provided. The Best
Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard
Area Maps, Work Maps, or Preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION – The most recent available
preliminary flood elevation guidance FEMA has provided. The Best Available Flood Hazard
Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or
Preliminary FIS and FIRM.
BREAKAWAY WALLS – Any type of wall subject to flooding that is not required to provide
structural support to a building or other structure and that is designed and constructed such
that, below the Local Design Flood Elevation, it will collapse under specific lateral loads such
that (1) it allows the free passage of floodwaters, and (2) it does not damage the structure or
supporting foundation system. Certification in the V Zone Certificate of the design, plans, and
specifications by a licensed design professional that these walls are in accordance with
accepted standards of practice is required as part of the permit application for new and
substantially improved V Zone and Coastal A Zone structures. A completed certification must
be submitted at permit application.
BUILDING – Per the FHACA, “Building” means a structure enclosed with exterior walls or fire
walls, erected and framed of component structural parts, designed for the housing, shelter,
enclosure, and support of individuals, animals, or property of any kind. A building may have a
temporary or permanent foundation. A building that is intended for regular human occupation
and/or residence is considered a habitable building.
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CONDITIONAL LETTER OF MAP REVISION – A Conditional Letter of Map Revision (CLOMR)
is FEMA’s comment on a proposed project that would, upon construction, affect the hydrologic
or hydraulic characteristics of a flooding source and thus result in the modification of the
existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood
Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether
the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for
processing a CLOMR to recover the costs associated with the review that is described in the
Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR,
because a CLOMR does not change the NFIP map.
CONDITIONAL LETTER OF MAP REVISION - FILL – A Conditional Letter of Map Revision –
Fill (CLOMR-F) is FEMA’s comment on a proposed project involving the placement of fill
outside of the regulatory floodway that would, upon construction, affect the hydrologic or
hydraulic characteristics of a flooding source and thus result in the modification of the existing
regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard
Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project,
if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a
CLOMR to recover the costs associated with the review that is described in the Letter of Map
Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a
CLOMR does not change the NFIP map.
CRITICAL BUILDING – Per the FHACA, “Critical Building” means that:
B. It is essential to maintaining continuity of vital government operations and/or supporting
emergency response, sheltering, and medical care functions before, during, and after
a flood, such as a hospital, medical clinic, police station, fire station, emergency
response center, or public shelter; or
C. It serves large numbers of people who may be unable to leave the facility through their
own efforts, thereby hindering or preventing safe evacuation of the building during a
flood event, such as a school, college, dormitory, jail or detention facility, day care
center, assisted living facility, or nursing home.
DEVELOPMENT – Any manmade change to improved or unimproved real estate, including
but not limited to, buildings or other structures, tanks, temporary structures, temporary or
permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling
operations and other land-disturbing activities.
DRY FLOODPROOFING – A combination of measures that results in a non-residential
structure, including the attendant utilities and equipment as described in the latest version of
ASCE 24, being watertight with all elements substantially impermeable and with structural
components having the capacity to resist flood loads.
ELEVATED BUILDING – A building that has no basement and that has its lowest elevated
floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings
in V and VE Zones.
ELEVATION CERTIFICATE – An administrative tool of the National Flood Insurance Program
(NFIP) that can be used to provide elevation information, to determine the proper insurance
premium rate, and to support an application for a Letter of Map Amendment (LOMA) or Letter
of Map Revision based on fill (LOMR-F).
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ENCROACHMENT – The placement of fill, excavation, buildings, permanent structures or
other
development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
FEMA PUBLICATIONS – Any publication authored or referenced by FEMA related to building
science, building safety, or floodplain management related to the National Flood Insurance
Program. Publications shall include but are not limited to technical bulletins, desk references,
and American Society of Civil Engineers Standards documents including ASCE 24.
FLOOD OR FLOODING
A. A general and temporary condition of partial or complete inundation of normally dry land
areas from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
3. Mudslides (I.e. mudflows) which are proximately caused by flooding as defined in (a)
(2) of this definition and are akin to a river or liquid and flowing mud on the surfaces of
normally dry land areas, as when earth is carried by a current of water and deposited
along the path of the current.
B. The collapse or subsidence of land along the shore of a lake or other body of water as a
result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an unanticipated force of nature,
such as flash flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in paragraph (a)(1) of this
definition.
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION – Per the FHACA, the peak water
surface elevation that will occur in a water during the flood hazard area design flood. This
elevation is determined via available flood mapping adopted by the State, flood mapping
published by FEMA (including effective flood mapping dated on or after January 31, 1980, or
any more recent advisory, preliminary, or pending flood mapping; whichever results in higher
flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A zone
to a V zone or coastal A zone), approximation, or calculation pursuant to the Flood Hazard
Area Control Act Rules at N.J.A.C. 7:13-3.1 – 3.6 and is typically higher than FEMA’s base
flood elevation. A water that has a drainage area measuring less than 50 acres does not
possess, and is not assigned, a flood hazard area design flood elevation.
FLOOD INSURANCE RATE MAP (FIRM) – The official map on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) – The official report in which the Federal Emergency
Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s)
and the water surface elevation of the base flood.
FLOODPLAIN OR FLOOD PRONE AREA – Any land area susceptible to being inundated by
water from any source. See "Flood or flooding."
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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.
FLOODPROOFING – Any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures, and their contents.
FLOODPROOFING CERTIFICATE – Certification by a licensed design professional that the
design and methods of construction for floodproofing a non-residential structure are in
accordance with accepted standards of practice to a proposed height above the structure’s
lowest adjacent grade that meets or exceeds the Local Design Flood Elevation. A completed
floodproofing certificate is required at permit application.
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.
FREEBOARD – A factor of safety usually expressed in feet above a flood level for purposes
of floodplain management. “Freeboard” tends to compensate for the many unknown factors
that could contribute to flood heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and the hydrological effect of
urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE – A use that cannot perform its intended purpose unless
it is located or carried out in close proximity to water, including only docking facilities, port
facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and
ship repair facilities. The term does not include long-term storage or related manufacturing
facilities.
HABITABLE BUILDING– Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that
is intended for regular human occupation and/or residence. Examples of a habitable building
include a single-family home, duplex, multi-residence building, or critical building; a commercial
building such as a retail store, restaurant, office building, or gymnasium; an accessory structure
that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured
homes, and trailers intended for human residence, which are set on a foundation and/or
connected to utilities, such as in a mobile home park (not including campers and recreational
vehicles); and any other building that is regularly occupied, such as a house of worship,
community center, or meeting hall, or animal shelter that includes regular human access and
occupation. Examples of a non-habitable building include a bus stop shelter, utility building,
storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as
a doghouse or outdoor kennel.
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HARDSHIP – As related to § 107 of this ordinance, meaning the exceptional hardship that
would result from a failure to grant the requested variance. The Butler Planning Board requires
that the variance be exceptional, unusual, and peculiar to the property involved. Mere
economic or financial hardship alone is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the disapproval of one's
neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems
can be resolved through other means without granting a variance, even if the alternative is
more expensive, or requires the property owner to build elsewhere or put the parcel to a
different use than originally intended.
HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface prior to
construction next to the proposed or existing 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.
LAWFULLY EXISTING – Per the FHACA, means an existing fill, structure and/or use, which
meets all Federal, State, and local laws, and which is not in violation of the FHACA because it
was established:
A.
Prior to January 31, 1980; or
B. On or after January 31, 1980, in accordance with the requirements of the FHACA as it
existed at the time the fill, structure and/or use was established.
Note: Substantially damaged properties and substantially improved properties that have not
been elevated are not considered “lawfully existing” for the purposes of the NFIP. This
definition is included in this ordinance to clarify the applicability of any more stringent statewide
floodplain management standards required under the FHACA.
LETTER OF MAP AMENDMENT - A Letter of Map Amendment (LOMA) is an official
amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is
requested through the Letter of Map Change (LOMC) process. A LOMA establishes a
property's location in relation to the Special Flood Hazard Area (SFHA). LOMAs are usually
issued because a property has been inadvertently mapped as being in the floodplain but is
actually on natural high ground above the base flood elevation. Because a LOMA officially
amends the effective NFIP map, it is a public record that the community must maintain. Any
LOMA should be noted on the community's master flood map and filed by panel number in an
accessible location.
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LETTER OF MAP CHANGE – The Letter of Map Change (LOMC) process is a service provided
by FEMA for a fee that allows the public to request a change in flood zone designation in an
Area of Special Flood Hazard on an Flood Insurance Rate Map (FIRM). Conditional Letters of
Map Revision, Conditional Letters of Map Revision – Fill, Letters of Map Revision, Letters of
Map Revision-Fill, and Letters of Map Amendment are requested through the Letter of Map
Change (LOMC) process.
LETTER OF MAP REVISION – A Letter of Map Revision (LOMR) is FEMA’s modification to
an effective Flood Insurance Rate Map (FIRM). Letter of Map Revisions are generally based
on the implementation of physical measures that affect the hydrologic or hydraulic
characteristics of a flooding source and thus result in the modification of the existing regulatory
floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area
(SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes
the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the
modifications. The LOMR is generally accompanied by an annotated copy of the affected
portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map,
it is a public record that the community must maintain. Any LOMR should be noted on the
community’s master flood map and filed by panel number in an accessible location.
LETTER OF MAP REVISION – FILL – A Letter of Map Revision Based on Fill (LOMR-F) is
FEMA’s modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance
Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may
be initiated through the Letter of Map Change (LOMC) Process. Because a LOMR-F officially
revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the
community must maintain. Any LOMR-F should be noted on the community’s master flood map
and filed by panel number in an accessible location.
LICENSED DESIGN PROFESSIONAL – Licensed design professional shall refer to either a
New Jersey Licensed Professional Engineer, licensed by the New Jersey State Board of
Professional Engineers and Land Surveyors or a New Jersey Licensed Architect, licensed by
the New Jersey State Board of Architects.
LICENSED PROFESSIONAL ENGINEER – A licensed professional engineer shall refer to
individuals licensed by the New Jersey State Board of Professional Engineers and Land
Surveyors.
LOCAL DESIGN FLOOD ELEVATION (LDFE) – The elevation reflective of the most recent
available preliminary flood elevation guidance FEMA has provided as depicted on but not
limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM which
is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and
Uniform Construction Codes and any additional freeboard specified in a community’s
ordinance. In no circumstances shall a project’s LDFE be lower than a permit-specified Flood
Hazard Area Design Flood Elevation or a valid NJDEP Flood Hazard Area Verification
Letter plus the freeboard as required in ASCE 24 and the effective FEMA Base Flood
Elevation.
LOWEST ADJACENT GRADE – The lowest point of ground, patio, or sidewalk slab
immediately next a structure, except in AO Zones where it is the natural grade elevation.
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LOWEST FLOOR – In A Zones, the lowest floor is the top surface of the lowest floor of the
lowest enclosed area (including basement). In V Zones and coastal A Zones, the bottom of the
lowest horizontal structural member of a building is the lowest floor. 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 as to render the structure in violation of other applicable non-elevation
design requirements of these regulations.
MANUFACTURED HOME – A structure that is transportable in one or more §s, eight (8) feet
or more in width and greater than four hundred (400) square feet, built on a permanent chassis,
designed for use with or without a permanent foundation when attached to the required utilities,
and constructed to the Federal Manufactured Home Construction and Safety Standards and
rules and regulations promulgated by the U.S. Department of Housing and Urban
Development. The term also includes mobile homes, park trailers, travel trailers and similar
transportable structures that are placed on a site for 180 consecutive days or longer.
MANUFACTURED HOME PARK OR SUBDIVISION – A parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
MARKET VALUE – The price at which a property will change hands between a willing buyer
and a willing seller, neither party being under compulsion to buy or sell and both having
reasonable knowledge of relevant facts. As used in these regulations, the term refers to the
market value of buildings and structures, excluding the land and other improvements on the
parcel. Market value shall be determined by one of the following methods (1) Actual Cash
Value (replacement cost depreciated for age and quality of construction), (2) tax assessment
value adjusted to approximate market value by a factor provided by the tax assessor’s office,
or (3) established by a qualified independent appraiser.
NEW CONSTRUCTION – Structures for which the start of construction commenced on or after
the effective date of the first floodplain regulation adopted by a community; includes any
subsequent improvements to such structures. New construction includes work determined to
be a substantial improvement.
NON-RESIDENTIAL – Pursuant to ASCE 24, any building or structure or portion thereof that
is not classified as residential.
ORDINARY MAINTENANCE AND MINOR WORK – This term refers to types of work excluded
from construction permitting under N.J.A.C. 5:23 in the March 5, 2018 New Jersey Register.
Some of these types of work must be considered in determinations of substantial improvement
and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work
include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets,
plumbing fixtures and piping, HVAC and air conditioning equipment, exhaust fans, built in
appliances, electrical wiring, etc. Improvements necessary to correct existing violations of
State or local health, sanitation, or code enforcement officials which are the minimum
necessary to assure safe living conditions and improvements of historic structures as
discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance
and minor work.
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RECREATIONAL VEHICLE – A vehicle that is built on a single chassis, 400 square feet or
less when measured at the largest horizontal projection, designed to be self-propelled or
permanently towable by a light-duty truck, and designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A
recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices and has no permanently
attached additions.
RESIDENTIAL – Pursuant to the ASCE 24:
D. Buildings and structures and portions thereof where people live or that are used for
sleeping purposes on a transient or non-transient basis;
E. Structures including but not limited to one- and two-family dwellings, townhouses,
condominiums, multi-family dwellings, apartments, congregate residences, boarding
houses, lodging houses, rooming houses, hotels, motels, apartment buildings,
convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-
share properties; and
F. Institutional facilities where people are cared for or live on a 24-hour basis in a
supervised environment, including but not limited to board and care facilities, assisted
living facilities, halfway houses, group homes, congregate care facilities, social
rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals,
nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories,
detention centers, correctional centers, and prerelease centers.
SOLID WASTE DISPOSAL – “Solid Waste Disposal” shall mean the storage, treatment,
utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or
the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater
than 6 months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected,
dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter
the environment or be emitted into the air or discharged into any waters, including
groundwaters.
SPECIAL FLOOD HAZARD AREA – The greater of the following: (1) Land in the floodplain
within a community subject to a one percent or greater chance of flooding in any given year,
shown on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30, AE, A99, or AH; (2) Land and the
space above that land, which lies below the peak water surface elevation of the flood hazard
area design flood for a particular water, as determined using the methods set forth in the New
Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13; (3) Riparian Buffers as determined in
the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the AREA
OF SPECIAL FLOOD HAZARD.
START OF CONSTRUCTION – The Start of Construction is as follows:
For other than new construction or substantial improvements, under the Coastal Barrier
Resources Act (CBRA), this is the date the building permit was issued, provided that the actual
start of construction, repair, 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 building on site, such as the pouring of a slab or footing, the installation of
piles, the construction of columns or any work beyond the stage of excavation; or the
placement of a manufactured (mobile) home on a foundation. For a substantial improvement,
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
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For the purposes of determining whether proposed construction must meet new requirements
when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood
Elevation’s (BFEs) increase or zones change, the Start of Construction includes substantial
improvement, 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 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.
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, 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. Such development must
also be permitted and must meet new requirements when National Flood Insurance Program
(NFIP) maps are issued or revised and Base Flood Elevation’s (BFEs) increase or zones
change.
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.
For determining if new construction and substantial improvements within the Coastal Barrier
Resources System (CBRS) can obtain flood insurance, a different definition applies.
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 before damaged condition would equal or exceed 50 percent of
the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT – Any reconstruction, rehabilitation, addition, or other
improvement of a structure taking place, the cost of which equals or exceeds 50 percent 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 have been identified by the local code
enforcement officer and which are the minimum necessary to assure safe living conditions;
or
B. Any alteration of a "historic structure", provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES – Buildings
and structures of an accessory character and miscellaneous structures not classified in any
special occupancy, as described in ASCE 24.
124:30
§ 124-52 FLOOD DAMAGE PREVENTION § 124-54
VARIANCE – A grant of relief from the requirements of this § which permits construction in a
manner otherwise prohibited by this § where specific enforcement would result in unnecessary
hardship.
VIOLATION – A development that is not fully compliant with these regulations or the flood
provisions of the building code. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in this ordinance is
presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION – the height, in relation to the North American Vertical Datum
(NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and
frequencies in the flood plains of coastal or riverine areas.
WATERCOURSE. A river, creek, stream, channel, or other topographic feature in, on, through,
or over which water flows at least periodically.
WET FLOODPROOFING – Floodproofing method that relies on the use of flood damage
resistant materials and construction techniques in areas of a structure that are below the Local
Design Flood Elevation by intentionally allowing them to flood. The application of wet
floodproofing as a flood protection technique under the National Flood Insurance Program
(NFIP) is limited to enclosures below elevated residential and non-residential structures and to
accessory and agricultural structures that have been issued variances by the community.
ARTICLE X
SUBDIVISIONS AND OTHER DEVELOPMENTS
§124-53. General. Any subdivision proposal, including proposals for manufactured home parks
and subdivisions, or other proposed new development in a flood hazard area shall be reviewed
to assure that:
A.
All such proposals are consistent with the need to minimize flood damage.
B. All public utilities and facilities, such as sewer, gas, electric and water systems are
located and constructed to minimize or eliminate flood damage.
C. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwater around and away
from structures.
§124-54. Subdivision requirements. Where any portion of proposed subdivisions, including
manufactured home parks and subdivisions, lies within a flood hazard area, the following shall
be required:
A. The flood hazard area, including floodways and base flood elevations, as
appropriate, shall be delineated on tentative subdivision plats.
B. Residential building lots shall be provided with adequate buildable area outside the
floodway.
C. The design criteria for utilities and facilities set forth in these regulations and
appropriate codes shall be met.
124:31
§ 124-55 FLOOD DAMAGE PREVENTION § 124-61
ARTICLE XI
SITE IMPROVEMENT
§124-55. Encroachment in floodways. Development, land disturbing activity, and
encroachments in floodways shall not be authorized unless it has been demonstrated through
hydrologic and hydraulic analyses required in accordance with § 105.3(1) of these regulations,
that the proposed encroachment will not result in any increase in the base flood level during
occurrence of the base flood discharge. If § 105.3(1) is satisfied, proposed elevation, addition,
or reconstruction of a lawfully existing structure within a floodway shall also be in accordance
with § 801.2 of this ordinance and the floodway requirements of N.J.A.C. 7:13.
§124-55.1. Prohibited in floodways. The following are prohibited activities:
A.
The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C.
7:13.
B.
Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.
§124-56. Sewer facilities. All new and replaced sanitary sewer facilities, private sewage
treatment plants (including all pumping stations and collector systems) and on-site waste
disposal systems shall be designed in accordance with the New Jersey septic system regulations
contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and
Article 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and
discharge from the facilities into flood waters, or impairment of the facilities and systems.
§124-57. Water facilities. All new and replacement water facilities shall be designed in
accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of
Article 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
§124-58. Storm drainage. Storm drainage shall be designed to convey the flow of surface
waters to minimize or eliminate damage to persons or property.
§124-59. Streets and sidewalks. Streets and sidewalks shall be designed to minimize
potential for increasing or aggravating flood levels.
§124-60. Limitations on placement of fill. Subject to the limitations of these regulations, fill
shall be designed to be stable under conditions of flooding including rapid rise and rapid
drawdown of floodwater, prolonged inundation, and protection against flood-related erosion
and scour. In addition to these requirements, when intended to support buildings and structures
(Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill
and encroachments in flood hazard areas shall comply with the flood storage displacement
limitations of N.J.A.C. 7:13.
§124-61. Hazardous Materials. The placement or storage of any containers holding
hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C.
7:13 which cover the placement of hazardous substances and solid waste is met.
124:32
§ 124-62 FLOOD DAMAGE PREVENTION § 124-67
ARTICLE XII
MANUFACTURED HOM ES
§124-62. General. All manufactured homes installed in flood hazard areas shall be installed
pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards
Program (24 CFR 3280).
§124-63. Elevation. All new, relocated, and replacement manufactured homes to be placed or
substantially improved in a flood hazard area shall be elevated such that the bottom of the
frame is elevated to or above the elevation specified in §124-74.
§124-64. Foundations. All new, relocated, and replacement manufactured homes, including
substantial improvement of existing manufactured homes, shall be placed on foundations as
specified by the manufacturer only if the manufacturer’s installation instructions specify that the
home has been designed for flood-resistant considerations and provides the conditions of
applicability for velocities, depths, or wave action as required by 24 CFR Part 3285-302. The
Floodplain Administrator is authorized to determine whether the design meets or exceeds the
performance necessary based upon the proposed site location conditions as a precondition of
issuing a flood damage prevention permit. If the Floodplain Administrator determines that the
home’s performance standards will not withstand the flood loads in the proposed location, the
applicant must propose a design certified by a New Jersey licensed design professional and in
accordance with 24 CFR 3285.301 (c) and (d) which conforms with ASCE 24, the accepted
standard of engineering practice for flood resistant design and construction.
§124-65. Anchoring. All new, relocated, and replacement manufactured homes to be placed
or substantially improved in a flood hazard area shall be installed using methods and practices
which minimize flood damage and shall be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement. This requirement is in
addition to applicable State and local anchoring requirements for resisting wind forces.
§124-66. Enclosures. Fully enclosed areas below elevated manufactured homes shall comply
with the requirements of §
§124-67. Protection of mechanical equipment and outside appliances. Mechanical
equipment and outside appliances shall be elevated to or above the elevation of the bottom of
the frame required in § 801.2 of these regulations.
Exception. Where such equipment and appliances are designed and installed to
prevent water from entering or accumulating within their components and the
systems are constructed to resist hydrostatic and hydrodynamic loads and stresses,
including the effects of buoyancy, during the occurrence of flooding up to the
elevation required by §124.74, the systems and equipment shall be permitted to be
located below that elevation. Electrical wiring systems shall be permitted below the
design flood elevation provided they conform to the provisions of NFPA 70 (National
Electric Code).
124:33
§ 124-68 FLOOD DAMAGE PREVENTION § 124-72
ARTICLE XIII
RECREATIONAL VEHICLES
§124-68. Placement prohibited. The placement of recreational vehicles shall not be
authorized in floodways.
§124-69. Temporary placement. Recreational vehicles in flood hazard areas shall be fully
licensed and ready for highway use and shall be placed on a site for less than 180 consecutive
days.
§124-70. Permanent placement. Recreational vehicles that are not fully licensed and ready
for highway use, or that are to be placed on a site for more than 180 consecutive days, shall
meet the requirements of §124.74 for habitable buildings and §124-65.
ARTICLE XIV
TANKS
§124-71. Tanks. Underground and above-ground tanks shall be designed, constructed,
installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
ARTICLE XV
OTHER DEVELOPMENT AND BUILDING WORK
§124-72. General requirements for other development and building work. All development
and building work, including man-made changes to improved or unimproved real estate for
which specific provisions are not specified in these regulations or the Uniform Construction
Code (N.J.A.C. 5:23), shall:
A.
Be located and constructed to minimize flood damage;
B.
Meet the limitations of §124-35(A) of this ordinance when located in a regulated
floodway;
C. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding
up to the Local Design Flood Elevation determined according to §124-12;
D.
Be constructed of flood damage-resistant materials as described in ASCE 24 Article 5;
E. Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation
determined according to § 102.3 or meet the requirements of ASCE 24 Article 7 which
requires that attendant utilities are located above the Local Design Flood Elevation unless the
attendant utilities and equipment are:
1.
Specifically allowed below the Local Design Flood Elevation; and
2. Designed, constructed, and installed to prevent floodwaters, including any backflow
through the system from entering or accumulating within the components.
F. Not exceed the flood storage displacement limitations in fluvial flood hazard areas in
accordance with N.J.A.C. 7:13; and
G. Not exceed the impacts to frequency or depth of offsite flooding as required by N.J.A.C.
7:13 in floodways.
124:34
§ 124-73 FLOOD DAMAGE PREVENTION § 124-73
§124.73. Requirements for Habitable Buildings and Structures.
c. Construction and Elevation in A Zones.
d. All new construction and substantial improvement of any habitable building (as
defined in §201) located in flood hazard areas shall have the lowest floor, including
basement, together with the attendant utilities (including all electrical, heating,
ventilating, air-conditioning and other service equipment) and sanitary facilities,
elevated to or above the Local Design Flood Elevation as determined in §124-12,
be in conformance with ASCE Article 7, and be confirmed by an Elevation
Certificate.
2. All new construction and substantial improvements of non-residential structures shall:
a. Have the lowest floor, including basement, together with the attendant utilities
(including all electrical, heating, ventilating, air-conditioning and other service
equipment) and sanitary facilities, elevated to or above the Local Design Flood
Elevation as determined in §12412, be in conformance with ASCE Article 7, and be
confirmed by an Elevation Certificate; or
b. Together with the attendant utility and sanitary facilities, be designed so that below
the Local Design Flood Elevation, the structure:
i.
Meets the requirements of ASCE 24 Articles 2 and 7; and
ii. Is constructed according to the design plans and specifications provided at
permit application and signed by a licensed design professional, is certified by
that individual in a Floodproofing Certificate, and is confirmed by an Elevation
Certificate.
3. All new construction and substantial improvements with fully enclosed areas below the
lowest floor shall be used solely for parking of vehicles, building access, or storage in
an area other than a basement and which are subject to flooding. Enclosures shall:
a. For habitable structures, be situated at or above the adjoining exterior grade along
at least one entire exterior wall, in order to provide positive drainage of the enclosed
area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and
basements) which are below grade on all sides are prohibited;
b. Be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters unless the structure is non-residential
and the requirements of §124-74 are met;
c. Be constructed to meet the requirements of ASCE 24 Article 2;
d. Have openings documented on an Elevation Certificate; and
124:35
§ 124-73 FLOOD DAMAGE PREVENTION § 124-77
e. Have documentation that a deed restriction has been obtained for the lot if the
enclosure is greater than six feet in height. This deed restriction shall be recorded
in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which
the building is located, shall conform to the requirements in N.J.A.C.7:13, and shall
be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or
prior to the start of any site disturbance (including pre-construction earth movement,
removal of vegetation and structures, or construction of the project), whichever is
sooner. Deed restrictions must explain and disclose that:
i.
The enclosure is likely to be inundated by floodwaters which may result in
damage and/or inconvenience.
ii. The depth of flooding that the enclosure would experience to the Flood Hazard
Area Design Flood Elevation;
iii. The deed restriction prohibits habitation of the enclosure and explains that
converting the enclosure into a habitable area may subject the property owner
to enforcement;
§124-74. Garages and accessory storage structures. Garages and accessory storage
structures shall be designed and constructed in accordance with the Uniform Construction Code.
§124-75. Fences. Fences in floodways that have the potential to block the passage of
floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of
§124-35() of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway
shall have sufficiently large openings so as not to catch debris during a flood and thereby
obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no
open area, such as a chain link, lattice, or picket fence, does not meet this requirement.
Foundations for fences greater than 6 feet in height must conform with the Uniform
Construction Code. Fences for pool enclosures having openings not in conformance with this
Section but in conformance with the Uniform Construction Code to limit climbing require a
variance as described in Article VII of this ordinance.
§124-76. Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and
driveways that involve placement of fill in floodways shall meet the requirements of §124-
35(A)of these regulations and N.J.A.C. 7:13.
§124-77. Swimming pools. Swimming pools shall be designed and constructed in accordance
with the Uniform Construction Code. Above-ground swimming pools and below-ground swimming
pools that involve placement of fill in floodways shall also meet the requirements of §124-
35(A)of these regulations. Above-ground swimming pools are prohibited in floodways by
N.J.A.C. 7:13.
124:36
§ 124-78 FLOOD DAMAGE PREVENTION § 124-84
§124-78. Roads and watercourse crossings.
A. For any railroad, roadway, or parking area proposed in a flood hazard area, the travel
surface shall be constructed at least one foot above the Flood Hazard Area Design
Elevation in accordance with N.J.A.C. 7:13.
B. Roads and watercourse crossings that encroach into regulated floodways or riverine
waterways with base flood elevations where floodways have not been designated, including
roads, bridges, culverts, low- water crossings and similar means for vehicles or pedestrians
to travel from one side of a watercourse to the other side, shall meet the requirements of §
124-35(A) of these regulations.
ARTICLE XVI
TEMPORARY STRUCTURES AND TEMPORARY STORAGE
§124-79. Temporary structures. Temporary structures shall be erected for a period of less
than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral
movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood. Fully enclosed temporary structures shall have flood openings that are in
accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.
§124-80. Temporary storage. Temporary storage includes storage of goods and materials for
a period of less than 180 days. Stored materials shall not include hazardous materials.
§124-81. Floodway encroachment. Temporary structures and temporary storage in
floodways shall meet the requirements of §124-35(A) of these regulations.
ARTICLE XVII
UTILITY AND MISCELLANEOUS GROUP U
§124-82. Utility and Miscellaneous Group U. In accordance with §312 of the International
Building Code, Utility and Miscellaneous Group U includes buildings and structures that are
accessory in character and miscellaneous structures not classified in any specific occupancy
in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars
(accessory to a one- or two-family residence), barns, carports, communication equipment
structures (gross floor area less than 1,500 sq. ft.), fences more than 6 feet (1829 mm) high,
grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining
walls, sheds, stables, tanks and towers.
§124-83. Flood loads. Utility and miscellaneous Group U buildings and structures, including
substantial improvement of such buildings and structures, shall be anchored to prevent
flotation, collapse or lateral movement resulting from flood loads, including the effects of
buoyancy, during conditions up to the Local Design Flood Elevation as determined in §124-12.
§124-84. Elevation. Utility and miscellaneous Group U buildings and structures, including
substantial improvement of such buildings and structures, shall be elevated such that the
lowest floor, including basement, is elevated to or above the Local Design Flood Elevation as
determined in § 124-12 and in accordance with ASCE 24. Utility lines shall be designed and
elevated in accordance with N.J.A.C. 7:13.
124:37
§ 124-85 FLOOD DAMAGE PREVENTION § 124-87
§124-85. Enclosures below base flood elevation. Fully enclosed areas below the design
flood elevation shall be constructed in accordance with §124-74 and with ASCE 24 for new
construction and substantial improvements. Existing enclosures such as a basement or
crawlspace having a floor that is below grade along all adjoining exterior walls shall be
abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C.
7:13 when the project has been determined to be a substantial improvement by the Floodplain
Administrator.
§124-86. Flood-damage resistant materials. Flood-damage-resistant materials shall be used
below the Local Design Flood Elevation determined in §124-12
§124-87. Protection of mechanical, plumbing, and electrical systems. Mechanical,
plumbing, and electrical systems, equipment and components, heating, ventilation, air
conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated
to or above the Local Design Flood Elevation determined in §124-12.
Exception: Electrical systems, equipment and components, and heating, ventilating,
air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other
service equipment shall be permitted to be located below the Local Design Flood
Elevation provided that they are designed and installed to prevent water from entering
or accumulating within the components and to resist hydrostatic and hydrodynamic
loads and stresses, including the effects of buoyancy, during the occurrence of
flooding to the Local Design Flood Elevation in compliance with the flood-resistant
construction requirements of ASCE 24. Electrical wiring systems shall be permitted to
be located below the Local Design Flood Elevation provided they conform to the
provisions of NFPA 70 (National Electric Code).
124:38
Chapter 129
GARBAGE, REFUSE AND RECYCLABLES
ARTICLE I
Limits on Collection
§ 129-1. Maximum amounts; exceptions; special arrangements; time of placement.
§ 129-2. Violations and penalties.
ARTICLE II
Separation of Certain Designated Materials and Recyclables
§ 129-3.Definitions.
§ 129-4. Source separation; exemption from source separation requirements.
§ 129-5. Acceptance of the municipal solid waste recycling goal.
§ 129-6. Collection of recyclable materials.
§ 129-7. Residential dwelling compliance requirements.
§ 129-8. Nonresidential establishment compliance requirements.
§ 129-9. New developments of multifamily residential units or commercial, institutional or to
N.J.S.A. 13:1E-99.14a and 13:1E-99.16c).
§ 129-10. Prohibition of the collection solid waste mixed with recyclable materials.
§ 129-11. Enforcement.
§ 129-12. Violations and penalties.
ARTICLE III
Construction, Renovation and Demolition Debris Recovery Plan
§ 129-13. Definitions.
§ 129-14. Construction, renovation and demolition debris recovery plan.
§ 129-15. Review of debris recovery plan.
§ 129-16. Diversion requirement adjustment.
§ 129-17. Debris recovery plan reporting requirements.
§ 129-18. Compliance with diversion requirement.
§ 129-19. Appeal.
§ 129-20. Enforcement.
§ 129-21. Violations and penalties.
ARTICLE IV
Refuse Containers / Dumpsters
§ 129-22. Purpose.
§ 129-23. Definitions.
§ 129-24. Prohibited Conduct.
§ 129-25. Exceptions to Prohibition.
§ 129-26. Enforcement.
§ 129-27. Penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 9-14-1993 by Ord.
No. 1993-17;1 amended in its entirety 10-11-1994 by Ord. No. 1994-13. Subsequent
amendments noted where applicable.]
1. Editor's Note: This ordinance also superseded former Ch. 129, Garbage, Rubbish, Refuse and Recyclables, adopted
6-9-1988 by Ord. No. 12-1988, as amended.
129:1
§ 129-1 GARBAGE, REFUSE AND RECYCLABLES § 129-1
GENERAL REFERENCES
Littering — See Ch. 153.
ARTICLE I
Limits on Collection
§ 129-1. Maximum amounts; exceptions; special arrangements; time of placement.
C. No person shall place more than four refuse receptacles for collection by the Borough's
scavenger on any date designated as a regular pickup date. [Amended 2-20-2007 by
Ord. No. 2007-2]
D. Residents and/or commercial establishments which have a need for collection services
greater than those permitted in this Article shall be required to make individual
arrangements with scavengers to collect the amount of refuse in excess of what is
permitted under this article.
E. Any waste that is prohibited from being included as normal solid waste by a regulation
of the Morris County Transfer Station, the Morris County District Recycling Plan or the
New Jersey State Mandatory Source Separation and Recycling Act2 shall not be collected
and shall either be recycled if so designated, or private arrangements must be made for
its proper disposal.
F. Regulations concerning placement of containers or receptacles. [Added 9-21-1999 by
Ord. No. 1999-19; amended 9-19-2000 by Ord. No. 2000-22]
(1) All owners and tenants of all properties shall not place any containers at the
designated location prior to 6:00 p.m. the evening prior to the scheduled collection
and shall remove all empty containers after collection no later than 8:00 p.m. on
the day of collection. [Amended 12-2-2003 by Ord. No. 2003-25]
(2) Property owners must place garbage, recyclables, etc., on their own property for
pickup.
(3) No one shall place household garbage or recyclables in public receptacles.
(4) Garbage, refuse or recyclables shall be placed for collection in a watertight
container, can, or barrel, made of metal or other durable material with a
tight-fitting cover, constructed to prevent the spillage of its contents. The container
shall be waterproof and shall not exceed 35 gallons in volume or 50 pounds in
weight when filled. [Added 2-20-2007 by Ord. No. 2007-2]
129:2
§ 129-1 GARBAGE, REFUSE AND RECYCLABLES § 129-2
E. Regulations Concerning Hours for Collection of Waste. [Added 3-19-2019 by Ord. No.
2019-2]
(1) Collection services provided by a hauler contracted by the Borough to provide service shall
be conducted only within the hours provided for in the bid specifications for solid waste and
recyclable material collection services promulgated by the Borough. It shall be a violation of
this Chapter for any hauler to engage in collection activities outside of the hours permitted in
the specifications.
(2) Privately contracted waste collection services within the Borough shall be conducted only
between the hours of 7:00 a.m. and sunset, Monday through Friday. It shall be a violation of
this Article for any property owner, owner/operator or lessee to allow collection and/or any
hauler to engage in any collection outside of these hours.
§ 129-2. Violations and penalties. [Amended 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this article shall be subject
to such penalties as are provided for in Chapter 230, Violations and Penalties, of the Code of
the Borough of Butler.
2. Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
129:3
§ 129-3 GARBAGE, REFUSE AND RECYCLABLES § 129-3
ARTICLE II
Separation of Certain Designated Materials and Recyclables
[Amended 2-20-2007 by Ord. No. 2007-2; 3-18-2008 by Ord. No. 2008-3]
§ 129-3. Definitions.
As used in this article, the following terms shall have the meanings indicated:
A. COMMINGLED — A combining of nonputrescible source-separated recyclable materials
for the purpose of recycling.
B. DESIGNATED RECYCLABLE MATERIALS — Those materials designated within
the Morris County District Solid Waste Management Plan to be source separated for the
purpose of recycling. These materials include:
C. ALUMINUM CANS — Cans made from aluminum that was manufactured to hold a
serving of a beverage. Specifically omitted from this definition are aluminum foil and
aluminum pie plates.
D. GLASS BOTTLES AND JARS — Bottles and jars made from glass including clear,
brown and green glass. A "bottle" is defined as a receptacle having a narrow neck and a
mouth that can be corked or capped. A "jar" is defined as a wide-mouthed container that
can be capped. Caps and lids not included. Specifically omitted from this definition are
drinking glasses, windows, mirrors, light bulbs, and anything made of Pyrex® or
ceramic.
E. PLASTIC BOTTLES (CODED 1 AND 2) — Plastic bottles coded to indicate that they
are comprised of the specific types of plastic compounds (polymers) known as
polyethylene terephthalate (PETE) or high density polyethylene (HDPE). See symbols
below. A "bottle" is defined as a receptacle having a narrow neck and a mouth that can
be corked or capped. Caps and lids not included. Any item made of plastic that is not a
bottle, and any plastic bottle without one of the symbols shown below is specifically
omitted from this definition. Empty bottles which contained hazardous materials, such as
motor oil, antifreeze, etc., should not be recycled.
i.
F. STEEL (TIN) CANS — An air-tight container for the distribution or storage of goods,
composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
G. NEWSPAPER — A publication containing news, information and advertising, usually
printed on low-cost paper called newsprint. Newspaper may include glossy inserts which
come with the paper, dependent upon the market conditions at the time.
H. CORRUGATED CARDBOARD — Shipping containers made with kraft paper
linerboard and corrugated medium.
129:4
§ 129-3 GARBAGE, REFUSE AND RECYCLABLES § 129-3
I.
MIXED PAPER — Various categories of recyclable paper including, but not limited
to white and colored paper used in printers, photocopiers and fax machines, white
and colored ledger paper, carbonless copy paper, construction paper, undeliverable
mail, mailed promotional letters/advertisements/circulars, magazines, catalogues,
envelopes, soft cover books.
J.
LEAVES — Vegetative material, typically generated in the autumn when they fall
from trees and then are raked from residents' and/or commercial lawns.
K. GRASS CLIPPINGS — Vegetative material generated when grass (lawns) are cut.
L. BRUSH — Branches, woody plants and other similar vegetative material. Leaves
and grass do not constitute brush.
M. NATURAL WOOD WASTE — Logs, stumps, branches and other wood tree parts.
Dimensional lumber is omitted from inclusion in this
definition.
N. OIL-CONTAMINATED SOIL — Nonhazardous soil that contains petroleum
hydrocarbons (gasoline, diesel, kerosene, jet fuel, #4 and #6 heating oils and certain other
refinery products including coal tar). This type of soil shall be determined to be
nonhazardous in accordance with the standards set forth in N.J.A.C. 7:26.
O. USED MOTOR OIL — Motor oil from motor vehicles, lawn mowers, boats, etc.,
which has served its intended useful purpose.
P. LEAD-ACID BATTERIES — Storage batteries in which the electrodes are grids of
lead containing lead oxides that change in composition during charging and
discharging, and the electrolyte is dilute sulfuric acid. These include starting batteries
such as car batteries that deliver a short burst of high power to start the engine. In
addition, they may include deep cell batteries found on boats or campers used to
power accessories like trolling motors, winches or lights.
Q. HAZARDOUS DRY CELL BATTERIES — Rechargeable batteries, such
as nickel-cadmium, nickel-iron, nickel metal hydride, lithium ion, small sealed lead
acid, etc. These are often used as substitutes for non-rechargeable batteries in standard
sizes such as AAA, AA, C, D and 9V. Rechargeable batteries are commonly found in
cordless tools, cellular and cordless phones, laptop computers, cameras, remote controls,
toys, etc. Also included in this definition are non-rechargeable batteries that are
hazardous as defined by the Resource Conservation Recovery Act ("RCRA"), regardless
of the RCRA exclusion of household waste from the definition of hazardous waste
pursuant to 40
C.F.R. 261.4(b). Non-rechargeable, hazardous batteries include older alkaline and carbon
zinc batteries as well as silver oxide, mercury and magnesium button-type batteries,
etc. It should be noted that domestically manufactured alkaline and carbon zinc
nonrechargeable batteries made after circa 1994 eliminated mercury content to the point
that they should not be considered RCRA hazardous and therefore are not included
in this material category.
R. METAL APPLIANCES — Appliances composed predominantly of metal, and
may include stoves, washing machines and dryers, for example, if the
appliance is predominantly metal. Also included are air conditioners, refrigerators
and dehumidifiers
129:5
§ 129-3 GARBAGE, REFUSE AND RECYCLABLES § 129-4
if they are predominantly metal. If these appliances on the latter list contain refrigerants
that are prohibited by the Clean Air Act from being knowingly vented, the refrigerant
must be recovered accordingly.
S. WHOLE TIRES —
a. Tires that are whole, not chipped into small pieces.
b. Tires are allowed to be recycled and/or incinerated for energy recovery.
T. ELECTRONIC WASTE —
A computer central processing unit and associated
hardware including keyboards, modems, printers scanners and fax machines; a cathode
ray tube, a cathode ray tube device, a flat panel display or similar video display device
with a screen that is greater than four inches measured diagonally and that contains one or
more circuit boards, including a television, and cell phones.
U. 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
hotels, motels, 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.).3
V. MUNICIPAL RECYCLING COORDINATOR — The person or persons appointed by the
governing body to fulfill the requirements of Morris County Solid Waste Management
Plan and the New Jersey Statewide Mandatory Source Separation and Recycling Act and
those rules and regulations promulgated therefor.
W. MUNICIPAL SOLID WASTE (MSW) STREAM — All solid waste generated at residential,
commercial, and institutional establishments within the boundaries of the Borough of Butler.
X. 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 products.
Y. SOURCE-SEPARATED RECYCLABLE MATERIALS — Recyclable materials which are
separated at the point of generation by the generator thereof from solid waste for the purposes
of recycling. Source separation means the process by which recyclable materials are separated
at the point of generation by the generator thereof from solid waste for the purposes
of recycling.
§ 129-4. Source separation; exemption from source separation requirements.
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 not
be limited to retail and other commercial locations, as well as government, schools and
other institutional locations within the Borough of Butler, 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
3. Editor's Note: See N.J.S.A. 55:13A-3(j).
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§ 129-4 GARBAGE, REFUSE AND RECYCLABLES § 129-6
occupants of such premises and shall be placed separately at the curb in a manner and on
such days and times as may be hereinafter established by regulations promulgated by the
Borough of Butler.
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 requires persons
generating municipal solid waste within its municipal boundaries to source separate from
the municipal solid waste stream, the specified recyclable materials if those persons have
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 this purpose. The form shall include, at a minimum, the
following information: the name of the commercial or institutional entity; the street
address location and lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional entity; the
name, address, official contact person and telephone number of the facility which
provides the service of recycling those designated recyclable materials, and 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 Municipal Recycling Coordinator of the total number of
tons collected and recycled for each designated material.
§ 129-5. Acceptance of the municipal solid waste recycling goal.
As set forth in N.J.S.A. 13:1E-99.13b(4)(c), the Borough of Butler accepts the goal of 50%
recycling of municipal solid waste by 2015 and shall monitor its level of recycling and solid
waste disposal and shall strive to achieve the recycling of 50% of the municipal solid waste
generated within its borders.
§ 129-6. Collection of recyclable materials.
The collection of recyclable material shall be in the manner prescribed as follows:
A. All containers and brown paper bags containing recyclable materials shall be placed,
prior to collection, between the curb and the sidewalk, or in the absence of curb and
sidewalk, as near to the street as not to constitute a danger, where such receptacles shall
be readily accessible to the collector without providing obstruction to pedestrians. The
owner or occupant of the premises shall keep all receptacles clean and in safe handling
condition. Receptacles or other items to be disposed of shall be placed as noted above
anytime after 6:00 p.m. of the day immediately preceding the day of collection, but no
later than 6:00 a.m. of the day of collection. After collection, any containers shall be
removed from the curbside by no later than 8:00 p.m. of the day of collection.
B. All receptacles or dumpsters shall be maintained in accordance with the Health Code of
the Borough of Butler. The owner of any property shall be responsible for compliance
with this Ordinance.
129:7
§ 129-7 GARBAGE, REFUSE AND RECYCLABLES § 129-9
§ 129-7. Residential dwelling compliance requirements.
The owner of any property shall be responsible for compliance with this Ordinance. For
multifamily units, the management or owner is responsible for setting up and maintaining the
recycling system, including collection of recyclable materials, in accordance with guidelines
or regulations established by the appropriate municipal office. Violations and penalty notices
will be directed to the owner or management, in those instances where the violator is not
easily identifiable. The management shall issue notification and collection rules to new tenants
when they arrive and every six months during their occupancy.
§ 129-8. Nonresidential establishment compliance requirements.
A. All commercial and institutional generators of solid waste shall be required to comply
with the provisions of this Ordinance.
B. The arrangement for collection of designated recyclables hereunder shall be the
responsibility of the commercial, institutional or industrial property owner or their
designee, unless the municipality provides for the collection of designated recyclable
materials. All commercial, institutional or industrial properties which provide outdoors
litter receptacles and disposal service for their contents shall also provide receptacles for
designated recyclable materials, for those materials commonly deposited, in the location
of the litter receptacle, and shall provide for separate recycling service for their contents.
C. Every business, institution, or industrial facility shall report on an annual basis to the
Recycling Coordinator, on such forms as may be prescribed, on recycling activities at
their premises, including the amount of recycled material, by material type, collected and
recycled and the vendor or vendors providing recycling service.
D. All food service establishments, as defined in the Health Code, shall, in addition to
compliance with all other recycling requirements, be required to recycle grease and/or
cooking oil created in the processing of food or food products, and maintain such records
as may be prescribed, for inspection by any code enforcement officer.
§ 129-9. New developments of multifamily residential units or commercial, institutional
or industrial properties (pursuant to N.J.S.A. 13:1E-99.14a and 13:1E-99.16c).
A. Any application to the Planning Board of the Borough of Butler, for subdivision or site
plan approval for the construction of multifamily dwellings of three or more units, single
family developments of 50 or more units or any commercial, institutional, or industrial
development for the utilization of 1,000 square feet or more of land, must include a recycling
plan. This plan must contain, at a minimum, the following:
(1) A detailed analysis of the expected composition and amounts of solid waste and
recyclables generated at the proposed development and
(2) Locations documented on the application's site plan that provide for convenient recycling
opportunities for all owners, tenants, and occupants. The recycling area shall be of
sufficient size, convenient location and contain other attributes (signage,
129:8
§ 129-9 GARBAGE, REFUSE AND RECYCLABLES § 129-11
lighting, fencing, etc.) in accordance with § 143-91 of the Borough of Butler Land
Use Ordinance.
B. Prior to the issuance of a certificate of occupancy by the Borough of Butler the owner of
any new multifamily housing or commercial, institutional, or industrial development
must supply a copy of a duly executed contract with a hauling company for the purposes
of collection and recycling of source-separated recyclable materials, in those instances where
the municipality does not otherwise provide this service.
§ 129-10. Prohibition of the collection of solid waste mixed with recyclable materials.
A. It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or
contains visible signs of, designated recyclable materials. It is also unlawful for solid
waste collectors to remove for disposal those bags or containers of solid waste which
visibly display a warning notice sticker or some other device indicating that the load of
solid waste contains designated recyclable materials.
B. It shall be the responsibility of the resident or occupant to properly segregate the
uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid
waste and recyclables to accumulate will be considered a violation of this article and the local
sanitary code.
C. Once placed in the location identified by this Ordinance, or any rules or regulations
promulgated pursuant to this Ordinance, no person, other than those authorized by the
municipality, shall tamper with, collect, remove, or otherwise handle designated
recyclable materials.
§ 129-11. Enforcement.
A. The Code Enforcement Official, the Department of Health, the Recycling Coordinator,
the Property Maintenance Official, the Housing Officer, and the Morris County
Department of Health are hereby individually and severally empowered to enforce the
provisions of this Ordinance. An inspection may consist of sorting through containers
and opening of solid waste bags to detect, by sound or sight, the presence of any
recyclable material.
H. The Director of Public Works and/or his designee and the Recycling Coordinator are
hereby authorized and directed to enforce all provisions of section 3-14, Recycling
Program. The Director of Public Works is authorized to delegate authority to the
municipal recycling coordinator to structure the recycling program in the following
manner:
(1) Promulgate necessary schedules and instructions which, as from time to time amended,
become enforceable provisions of this section when approved by the governing body.
(2) Supervise activities at recycling centers and collection points.
(3) Submit to the governing body timely budget estimates to conduct this activity.
129:9
§ 129-11 GARBAGE, REFUSE AND RECYCLABLES § 129-14
(4)
Designate personnel, as necessary, and make available to supervise recycling and
collection sites.
(5)
Plan for and furnish storage facilities for recyclables.
(6)
Record and report, as required, volumes of recyclables collected, stored, sold and
otherwise disposed.
(7)
Maintain supplies of forms and distribute to businesses and collectors respectively
as required.
(8)
Inspect solid waste containers at random times and places to verify compliance
with this ordinance.
§ 129-12. Violations and penalties.
A. Any person, corporation, occupant, or entity that violates or fails to comply with any
provision of this Ordinance or any of the rules and regulations promulgated hereunder
shall, upon conviction thereof, be punishable by a fine not less than $25, nor more than
$1,000. Each day for which a violation of this Ordinance occurs shall be considered a
separate offence.
B. Fines levied and collected pursuant to the provisions of this Ordinance shall be
immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies
in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal
recycling program.
ARTICLE III
Construction, Renovation and Demolition Debris Recovery Plan
[Added 3-18-2008 by Ord. No. 2008-3]
§ 129-13. Definitions.
As used in this article, the following terms shall have the meanings indicated:
COVERED PROJECT — A construction, renovation, or demolition project for which a
building permit or a demolition permit is required, and for which a dumpster or roll
off-container shall be placed on premises for the purpose of placement of solid waste
materials.
§ 129-14. Construction, renovation and demolition debris recovery plan.
A debris recovery plan shall be filed with the municipal recycling coordinator prior to the
commencement of any activity for which municipal approval as further identified above. The
debris recovery plan shall identify the types and estimated quantities of construction and
demolition debris to be generated from the project, how each material will be managed, and
the name of each facility or service provider that the entity will use to manage each material.
The plan shall further detail how the applicant shall ensure that a minimum of 50% of the
materials to be generated will be separated and recycled.
129:10
§ 129-15 GARBAGE, REFUSE AND RECYCLABLES § 129-17
§ 129-15. Review of debris recovery plan.
A. Approval. A debris recovery plan shall be reviewed by the municipal recycling
coordinator, and approved if it provides for all of the information required by this
Ordinance. An approved debris recovery plan shall be marked "Approved" and returned
to the owner of the entity which submitted the plan.
B. Denial. A debris recovery plan shall not be approved if it does not provide all of the
information required by this Ordinance. If a debris recovery plan is not approved, the
owner of the entity which submitted the plan shall be notified in writing that the plan has
been rejected, including the reasons for the rejection. In order to obtain the building or
demolition permit sought, the owner of the entity which will carry out the construction,
renovation, or demolition project shall make the required changes and resubmit the debris
recovery plan to the municipal recycling coordinator.
§ 129-16. Diversion requirement adjustment.
A. Application. If the owner of an entity carrying out a covered project experiences
circumstances that make it infeasible to comply with the diversion requirement cited in
this Ordinance, the owner of the entity may apply for an adjustment. The owner shall
indicate in writing why it is infeasible to divert 50% of the materials being generated
from the covered project and specify what percentage of diversion could be achieved.
Increased costs to the owner of the entity carrying out the covered project will not be an
acceptable justification for an adjustment.
B. Review. The municipal recycling coordinator shall review the information supplied by
the owner. If warranted the municipal recycling coordinator shall attempt to contact the
owner to discuss possible ways of meeting the diversion requirement.
C. Granting of an adjustment. If the municipal recycling coordinator determines that it is
infeasible for the entity carrying out a covered project to divert 50% of the generated
C&D debris from the covered project, the percent of diversion required shall be adjusted.
The owner shall be notified in writing of the adjusted diversion requirement. The owner
of the entity carrying out the covered project shall be required to divert the percent of
C&D debris required by the adjustment.
D. Denial of adjustment. If the municipal recycling coordinator determines that it is feasible
for the owner of an entity carrying out a covered project to meet the diversion
requirement cited in this Ordinance, the owner shall be notified in writing of the denial
of the diversion requirement adjustment.
§ 129-17. Debris recovery plan reporting requirements.
Documentation. Upon completion of the covered project, but before the final inspection, the
owner of the entity carrying out a covered project shall submit in person or by certified mail
to the municipal recycling coordinator, the documentation required to demonstrate that the
applicant has met the diversion requirement. The required documentation shall include the
following:
129:11
§ 129-17 GARBAGE, REFUSE AND RECYCLABLES § 129-21
A. A completed debris recovery report, signed by the owner of the entity carrying out a
covered project, indicating the quantity of each material generated during the covered
project diverted or disposed;
B. Receipts from all facilities or service providers utilized to divert and dispose materials
generated during the covered project; and
C. Any additional information that the owner of the entity carrying out the covered project
believes is relevant to determining compliance with the diversion requirement.
§ 129-18. Compliance with diversion requirement.
The municipal recycling coordinator shall review the information submitted pursuant to this
Ordinance and determine whether the owner of the entity carrying out the covered project has
complied, or failed to comply with the diversion requirement. The determination regarding
compliance will be provided to the owner of the entity carrying out the covered project in
writing.
§ 129-19. Appeal.
An owner of the entity carrying out the covered project may appeal a determination of failure
to comply under this Ordinance to the municipality within 30 days of the decision or
determination. The appeal shall be in writing and shall state the facts and basis for the appeal.
A decision by the Health Officer shall be final.
§ 129-20. Enforcement.
The Code Enforcement Official, the Police Department, the Department of Health, the
Recycling Coordinator, the Property Maintenance Official, and the Housing Officer are hereby
individually and severally empowered to enforce the provisions of this Ordinance. The
respective enforcing official may, in his or her discretion, post warning stickers for a first
offense. An inspection may consist of dumping and opening of solid waste bags or containers
to detect, by sound or sight, the presence of any recyclable material.
§ 129-21. Violations and penalties.
Any person, corporation, occupant, or entity that violates or fails to comply with any
provision of this Ordinance or any of the rules and regulations promulgated hereunder shall,
upon conviction thereof, be punishable by a fine not less than $250, nor more than $1,000.
129:12
§ 129-22 GARBAGE, REFUSE AND RECYCLABLES § 129-23
ARTICLE IV
Refuse Container / Dumpster
[Added 8-2-2010 by Ord. No. 2010-11]
§ 129-22. Purpose.
An ordinance requiring 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, semi-liquids or solids from the containers to
the municipal separate storm sewer system(s) operated by the Borough of Butler 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.
§ 129-23. Definitions.
For the purpose of this ordinance, 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.
a. Municipal separate storm sewer system (MS4)- a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels,
or storm drains) that is owned or operated by the Borough of Butler or other public body, and is
designed and used for collecting and conveying stormwater.
b. Person- any individual, corporation, company, partnership, firm, association, or political subdivision of
this State subject to municipal jurisdiction.
c. Refuse container- any waste container that a person controls whether owned, leased, or operated,
including dumpsters, trash cans, garbage pails, and plastic trash bags.
d. Stormwater- means 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.
e. Waters of the State - means the ocean and its estuaries, all springs, streams and bodies of surface or
ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to
its jurisdiction.
129:13
§ 129-24 GARBAGE, REFUSE AND RECYCLABLES § 129-27
§ 129-24. Prohibited Conduct.
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.
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, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Butler.
§ 129-25. Exceptions to Prohibition.
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)
§ 129-26. Enforcement.
This ordinance shall be enforced by the municipal official designated by the Borough Administrator.
§ 129-27. Penalties.
Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a
fine not to exceed $500.00.
129:14
Chapter 130
CONTAINERIZED YARD WASTE
§ 130-1. Purpose.
§ 130-2. Definitions.
§ 130-3. Prohibited conduct.
§ 130-4. Enforcement and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 5-16-2006 by
Ord. No. 2006-11. Amendments noted where applicable.]
§ 130-1. Purpose.
The purpose of this chapter is to establish requirements for the proper handling of yard waste
in Borough of Butler, so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
§ 130-2. 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.
CONTAINERIZED — The placement of yard waste in a trash can, bucket, bag or other
vessel, such as to prevent the yard waste from spilling or blowing out into the street and
coming into contact with stormwater.
PERSON — Any individual, corporation, company, partnership, firm, association, or political
subdivision of this state subject to municipal jurisdiction.
STREET — Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way,
which is an existing state, county, or municipal roadway, and includes the land between the
street lines, whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE — Leaves and grass clippings.
§ 130-3. Prohibited conduct.
The owner or occupant of any property, or any employee or contractor of such owner or
occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or
otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste
that is not containerized is placed in the street, the party responsible for placement of the yard
waste must remove the yard waste from the street or said party shall be deemed in violation of
this ordinance.
130:1
§ 130-4
BUTLER CODE
§ 130-4
§ 130-4. Enforcement and penalties.
A. The provisions of this ordinance shall be enforced by Police Department of Butler.
B. Any person, firm or corporation who is found to be in violation of any of the provisions
of this chapter shall, upon conviction, be punished by a fine not to exceed $1,000 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 the same is violated shall be deemed and taken to be a separate and distinct offense.
130:2
Chapter 133
HAZARDOUS MATERIALS
§ 133-1. Definitions.
§ 133-2. Purpose.
§ 133-3. Parties responsible for reimbursement.
§ 133-4. Reimbursement for services.
§ 133-5. Period for payment.
§ 133-6. Violations and penalties.
§ 133-7. Conflict with other provisions.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 7-16-1991 by
Ord. No. 1991-6. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 122. Garbage, rubbish, refuse and recyclables — See Ch. 129.
§ 133-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
EMERGENCY ACTION — All of the activities conducted in order to prevent or mitigate
injury to human health or to the environment from a release or threatened release of any
hazardous material into or upon the environment.
EXPENDED RESOURCES — In general, those resources expended that are reasonable,
necessary and allocable to the emergency action. "Expended resources" may include but are
not limited to:
A. Disposable materials and supplies acquired, consumed and expended specifically for the
purpose of the emergency action.
B. Compensation of employees for the time and efforts devoted specifically to the
emergency action.
C. Rental or leasing of equipment used specifically for the emergency action (such as
protective equipment or clothing and scientific and technical equipment).
D. Replacement costs for equipment owned by the Borough that is contaminated beyond
reuse or repair, if the equipment was a total loss and the loss occurred during the
emergency action (such as self-contained breathing apparatus irretrievably contaminated
during the response).
E. Decontamination of equipment contaminated during the response.
F. Special technical services specifically required for the response (such as costs associated
with the time and efforts of technical experts or specialists not otherwise provided for by
the Borough).
G. Other special services specifically required for the emergency action.
133:1
§ 133-1 BUTLER CODE § 133-3
H. Laboratory costs of analyzing samples taken during the emergency action.
I.
Costs of cleanup, storage or disposal of the released material.
J.
Costs associated with the services, supplies and equipment procured for a specific
evacuation.
K. Medical expenses incurred as a result of response activities.
L.
Legal expenses that may be incurred as a result of the emergency action, including
efforts to recover expenses pursuant to this chapter.
HAZARDOUS MATERIAL — Any material, solid, liquid or gas, classified as such by any
federal legislation or regulation, by any state legislation or regulation or by any Borough
ordinance.
RELEASE — Any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping or disposing into or upon the environment which
causes danger or harm to the public health or to the environment, including but not limited to
the release of any material classified as hazardous material by any federal legislation or
regulation, by any state legislation or regulation or by any Borough ordinance.
THREATENED RELEASE — Any imminent or impending event potentially causing but not
resulting in a release, but causing the Borough to undertake any emergency action.
VEHICLE — Any motorized equipment, registered or unregistered, including but not limited
to passenger cars, motorcycles, trucks, tractor-trailers, construction equipment and farm
machinery.
VESSEL — Any container, drum, box, cylinder or tank used to hold or contain or carry or
store any hazardous material.
§ 133-2. Purpose.
A. This chapter provides for the reimbursement for or the replacement of the specialized and
sometimes nonreusable equipment required by state and federal regulations to be made
available in the Borough in case of fire, release or threatened release involving any
hazardous material, as well as the reimbursement of all other costs for expended
resources.
B. This chapter entitles the Borough of Butler to reimbursement for the cost of any
expended resources used by the Borough or any of its agencies in extinguishing any fire,
stopping or containing any release of hazardous material and, in general, taking any
emergency action.
§ 133-3. Parties responsible for reimbursement.
Reimbursement to the Borough for the costs of any expended resources shall be made by the
following parties jointly and severally:
133:2
§ 133-3 HAZARDOUS MATERIALS § 133-7
A. The owner or operator of any vehicle responsible for or contributing to any fire, release
or threatened release of hazardous material.
B. The owner or person responsible for any vessel containing hazardous material involved
in or contributing to any fire, release or threatened release on public or private property,
whether stationary or in transit and whether accidental or through negligence.
C. The owner or person responsible for any property from which any release or threatened
release of hazardous material emanates, whether accidental or through negligence.
D. Any person responsible for or contributing to any fire, release or threatened release of
hazardous material on public or private property, whether accidental or through
negligence.
§ 133-4. Reimbursement for services.
Any person or company responsible for or contributing to any fire, release or threatened
release involving a hazardous material must provide reimbursement directly to the Borough
for services rendered by any recovery company or towing company or other technical
assistance called for by the Borough to handle such incident.
§ 133-5. Period for payment.
Any person, owner or company responsible for or contributing to any fire, release or
threatened release of hazardous material shall reimburse the Borough of Butler for the full
price of any expended resources used to extinguish such a fire or take an emergency action
for any release or threatened release within a period of 45 days after receipt of a bill for such
items from the Borough of Butler.
§ 133-6. Violations and penalties. [Amended 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
§ 133-7. Conflict with other provisions.
Nothing in this chapter shall be construed to conflict with state or federal laws requiring
persons causing or responsible for any release or threatened release of hazardous material
from engaging in remediation activities or paying the costs thereof, or both.
133:3
Chapter 136
HOUSING STANDARDS
ARTICLE I
Findings; Title
§ 136-1. Findings.
§ 136-2. Title.
ARTICLE II
Administration
§ 136-3. Officer in charge.
§ 136-4. Chapter constitutes standards for determining fitness.
§ 136-5. Promulgation of rules and regulations.
§ 136-6. Enforcement officers.
ARTICLE III
Inspection of Dwellings, Dwelling Units, Rooming Units and Premises
§ 136-7. Hours.
§ 136-8. Access to be given upon presentation of identification.
§ 136-9. Interference with inspection.
§ 136-10. Search warrant.
ARTICLE IV
Enforcement
§ 136-11. Notice of violation.
§ 136-12. Application for appropriate permits.
§ 136-13. Service of notice.
§ 136-14. Emergencies.
ARTICLE V
Minimum Standards for Basic Equipment and Facilities
§ 136-15. Compliance required.
§ 136-16. Food storage space.
§ 136-17. Cooking facilities.
§ 136-18. Kitchen sink.
§ 136-19. Toilet facilities.
§ 136-20. Bathrooms.
§ 136-21. Water connections.
§ 136-22. Garbage storage.
§ 136-23. Heat requirements.
§ 136-24. Prohibited heating equipment.
§ 136-25. Water-heating facilities.
§ 136-26. Insect control.
§ 136-27. Rodent control.
§ 136-28. Water service.
§ 136-29. Smoke and carbon monoxide detector devices.
§ 136-30. Fire extinguishers.
ARTICLE VI
Minimum Standards for Light, Electrical Facilities and Ventilation
§ 136-31. Compliance required.
§ 136-32. Lighting.
§ 136-33. Ventilation.
136:1
§ 136-1
BUTLER CODE
§ 136-1
ARTICLE VII
Minimum Space, Use and Location Requirements
§ 136-34. Compliance required.
§ 136-35. Floor space.
§ 136-36. Ceiling height.
§ 136-37. Use.
§ 136-38. Location of sleeping rooms.
§ 136-39. Overcrowding.
§ 136-40. Efficiency unit.
§ 136-41. Exitways.
ARTICLE VIII
Responsibilities of Owners for Maintenance of Dwellings and Dwelling Units
§ 136-42. Responsibility of owner and operator for exterior of premises.
§ 136-43. Occupancy conditions.
§ 136-44. Facilities and equipment.
§ 136-45. Interruption of services.
ARTICLE IX
Responsibilities of Occupants for Maintenance of Dwellings and Dwelling Units
§ 136-46. Cleanliness and sanitation.
§ 136-47. Rubbish and garbage disposal.
§ 136-48. Screens and storm windows.
§ 136-49. Pest extermination.
§ 136-50. Facilities and fixtures.
§ 136-51. Occupancy of dwelling units in violation prohibited.
§ 136-52. Access to premises.
§ 136-53. Security devices.
ARTICLE X
Violations
§ 136-54. Violations and penalties.
§ 136-55. Violation of orders.
§ 136-56. Fines collectible as liens.
§ 136-57. Abatement of nuisances.
ARTICLE XI
Compliance
§ 136-58. Applicability.
§ 136-59. Minimum standards.
§ 136-60. Conformity with Building Code.
§ 136-61. Conflicts.
ARTICLE XII
Definitions
§ 136-62. Terms defined.
§ 136-63. Meanings of certain words.
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§ 136-1
BUTLER CODE
§ 136-4
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section
10-2 of the Revised General Ordinances of 1976; amended in its entirety 11-21-2006 by
Ord. No. 2006-26. Subsequent amendments noted where applicable.]
ARTICLE I
Findings; Title
§ 136-1. Findings.
A. Housing exists within the Borough of Butler, which because of faulty design or
construction, or failure to maintain in a proper state of repair, or lack of proper sanitary
facilities, or lack of adequate lighting or ventilation, or inability to properly heat, or improper
management, or any combination of these factors, has become or is becoming so
dilapidated, so neglected, so overcrowded with occupants, or so unsanitary as to jeopardize
or be detrimental to the health, safety, morals or welfare of the people of the Borough.
B. Such substandard housing is a principal cause of deterioration and blight in residential areas
within the Borough of Butler; and that conditions existing in such blighted areas impair the
efficient and economical exercise of governmental functions and necessitate an excessive and
disproportionate expenditure of Borough funds for health, welfare, public safety, fire
protection and other public services.
C. Persons owning residential property or residing within the Borough of Butler have certain
responsibilities to maintain, improve or repair their dwellings so as to assure that such dwellings
are safe, sanitary and decent and to eliminate and prevent the spread of neighborhood blight and
the resultant problems so created for the Borough at large.
D. There is hereby adopted for the Borough of Butler a Housing Code to establish minimum
standards governing supplied utilities and facilities and other physical things and
conditions essential to make dwellings safe, sanitary and fit for human habitation; to establish
minimum standards governing the condition and maintenance of dwellings and dwelling units; to
fix certain responsibilities and duties of owners and occupants of dwellings; and to provide for
administration, enforcement and penalties for violations.
§ 136-2. Title.
This chapter shall be known and may be cited as the "Housing Code of the Borough of Butler, New
Jersey."
ARTICLE II
Administration
§ 136-3. Officer in charge.
The administrative officer and enforcing authority for the provisions of this chapter shall be the
Code Enforcer.
§ 136-4. Chapter constitutes standards for determining fitness.
The provisions of this chapter shall constitute the standards to guide the Code Enforcer in
determining the fitness of any dwelling, dwelling unit, rooming unit or premises for human
habitation, use or occupancy.
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§ 136-5 BUTLER CODE § 136-8
§ 136-5. Promulgation of rules and regulations.
The Code Enforcer is hereby authorized and empowered to promulgate such written rules and
regulations as (s)he may deem necessary for the proper administration and enforcement of this
chapter; provided, however, that such rules and regulations shall not be in conflict with any of the
provisions of this chapter, nor in any way alter, amend or supersede any of the provisions thereof.
A. The Code Enforcer shall file a certified copy of all rules and regulations which (s)he may
promulgate in his/her office and in the office of the Borough Clerk.
B. Such rules and regulations promulgated and filed by the Code Enforcer pursuant to this
section shall have the same force and effect as the provisions of this chapter, and the
penalty for violation thereof shall be the same as the penalty for violation of the
provisions of this chapter as hereinafter provided.
§ 136-6. Enforcement officers.
The Code Enforcer, Assistant Code Enforcer and their designated representatives shall be charged
with the responsibility for the enforcement of the Housing Code and all other related ordinances
of the Borough. They shall be responsible for and authorized to issue and serve citations and
summonses for violations of the aforesaid ordinances, and to take any other enforcement measures
within the jurisdiction of the Municipal Court. They shall be deemed to be law enforcement
officers of the Borough for the purpose of enforcing the Housing Code and related ordinances
of the Borough. All such persons shall be required to take an oath to faithfully and impartially
perform the duties of their offices.
ARTICLE III
Inspection of Dwellings, Dwelling Units, Rooming Units and Premises
§ 136-7. Hours.
A. The Code Enforcer shall make periodic inspections to determine the condition of
dwellings, dwelling units, rooming units and premises located within this Borough, in
order that (s)he may perform his/her duty of safeguarding the health, safety and welfare
of the occupants of dwellings and of the general public. For the purpose of making
inspections, the Code Enforcer is hereby authorized to enter, examine and survey
between the hours of 9:00 a.m. and 8:00 p.m. all dwellings, dwelling units, rooming units
and premises.
C. Nothing in this section shall be construed to prohibit the entry of the Code Enforcer at
any time when an actual emergency which tends to create an immediate danger to public
health or safety exists, or at any time when such an inspection, examination or survey
may be requested by the owner or occupant.
§ 136-8. Access to be given upon presentation of identification.
The owner or occupant of every dwelling, dwelling unit or rooming unit, or the person in
charge thereof, shall give the Code Enforcer upon presentation of proper identification, free access
to such dwelling, dwelling unit or rooming unit and its premises during such time for the
purpose of inspection, examination and survey.
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§ 136-9 HOUSING STANDARDS § 136-13
§ 136-9. Interference with inspection.
Where the Code Enforcer is refused entry or access, or is otherwise impeded or prevented by
the owner or occupant from conducting an inspection of the premises, such person shall be in
violation of this chapter and subject to the penalties hereunder.
§ 136-10. Search warrant.
In addition to the provisions of § 136-9, the Code Enforcer may, upon affidavit, apply to the
Municipal Judge of the Borough of Butler for a search warrant setting forth factually the
actual conditions and circumstances that provide a reasonable basis for believing that a
nuisance or violation of this chapter exists on the premises and if the Judge is satisfied as to
the manner set forth in the affidavit, (s)he shall authorize the issuance of a search warrant
permitting access to and inspection of that part of the premises on which the nuisance or
violation may exist.
ARTICLE IV
Enforcement
§ 136-11. Notice of violation.
A. Whenever the Code Enforcer determines that there has been a violation, or that there are
reasonable grounds to believe that there has been a violation, of any provision of this
chapter or of any rule or regulation adopted pursuant thereto, (s)he shall serve notice of
such violation, or alleged violation, upon the person or persons responsible therefore. The
notice shall be in writing and shall contain:
(1)
A description of the real estate sufficient for identification.
(2)
A statement of the reason or reasons why it is being issued.
(3)
A provision allowing a reasonable time for the performance of any act it requires.
(4) An explanation of the rights of the person upon whom the notice has been served
to seek modification or withdrawal of the notice by petition to the Code Enforcer
for a hearing.
§ 136-12. Application for appropriate permits.
Whenever repairs, additions, alterations or replacements are required to the building or
facilities, this notice shall direct that the person in violation shall make application to the
Building Inspector, Plumbing Inspector or Electrical Inspector for the appropriate permit to
cover such requirements.
§ 136-13. Service of notice.
A. Notices issued by the Code Enforcer pursuant to this chapter shall be served upon the
owner and parties in interest, or the operator, occupant or any person, as the case may
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§ 136-13 BUTLER CODE § 136-17
require, either personally, or by leaving a copy thereof at his/her usual place of abode in
the presence of a member of the family who shall be informed of the contents thereof, or
if not found, by registered or certified mail, return receipt requested, to his/her last
known address.
B. If the whereabouts of such persons is unknown and the same cannot be ascertained by
the Code Enforcer, the serving of the notice upon such persons may be made by
publishing the same once each week for two successive weeks in a newspaper printed
and published in a legal newspaper of the Borough of Butler. A copy of the notice shall
be posted in a conspicuous place on the premises affected by the notice and a copy of the
notice shall be duly recorded or lodged for record in the office of the Morris County
Clerk.
§ 136-14. Emergencies.
Whenever the Code Enforcer finds that an emergency exists which requires immediate action
to protect the public health, safety or welfare, (s)he may, without notice or hearing, issue an
order reciting the existence of such an emergency and requiring that such action to be taken as
(s)he deems necessary to meet the emergency. Notwithstanding the other provisions of this
chapter, such order shall be effective immediately.
ARTICLE V
Minimum Standards for Basic Equipment and Facilities
§ 136-15. Compliance required.
No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the
purpose of living, sleeping, cooking or eating therein, which does not comply with the
requirements of this article.
§ 136-16. Food storage space.
Every dwelling unit in which the occupants prepare or are intended or permitted to prepare
food for their own consumption shall contain a suitable and convenient receptacle containing
at least four cubic feet of storage space maintained in good repair and in a clean state. Some
part of the storage space required by this section shall be capable of sustaining a temperature
low enough to preserve perishable foods for a reasonable period of time.
§ 136-17. Cooking facilities.
A. Every dwelling unit shall contain at least one supplied kitchen gas or electric stove
providing at least two top burners and an oven, not necessarily in the same unit, in good
order and repair and properly connected to the appropriate utility system.
B. Cooking facilities serving more than one dwelling unit or rooming unit or combination
thereof shall not be permitted; except that nothing herein shall be construed to prohibit
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§ 136-17 HOUSING STANDARDS § 136-23
the operation of hotels, boardinghouses, nursing homes and such establishments subject to
licensing.
§ 136-18. Kitchen sink.
Every dwelling unit shall contain a kitchen sink of nonabsorbent impervious material in good
order and repair and properly connected to the Borough water and sewer system, where
available.
§ 136-19. Toilet facilities.
Every dwelling unit shall contain a room which affords privacy to a person within the room
and which is equipped with a flush water closet and a lavatory basin in good order and repair
and properly connected to the Borough water and sewer system or approved sanity disposal
system.
§ 136-20. Bathrooms.
Every dwelling unit shall contain within a room which affords privacy to a person within the
room, a bathtub or shower in good order and repair and properly connected to the Borough
water and sewer system. These facilities may be situated in the same room as those required
by § 136-19, and shall be accessible from within the building without passing through any
part of any other dwelling unit or lodging unit and in a lodging house shall be located no
farther than one floor above or below the lodging units served.
§ 136-21. Water connections.
Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of
§§ 136-18, 136-19 and 136-20 shall be properly connected with both hot and cold waterlines.
§ 136-22. Garbage storage.
Every dwelling unit shall be provided with a watertight container, provided with a tight-fitting
cover, of metal or other approved material, the type and location of which is approved by the
Code Enforcer.
§ 136-23. Heat requirements.
Every dwelling, business and commercial building shall have supplied heating facilities which
are properly installed, are maintained in safe and good working condition, and are capable of
safely and adequately heating all habitable rooms, bathrooms, and water closet compartments
in every dwelling unit located therein to a temperature of at least 68° F., when the outdoor
temperature is at or above 0° F. The temperature shall read at a height of three feet above
floor level at the center of the room.
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§ 136-24 BUTLER CODE § 136-28
§ 136-24. Prohibited heating equipment.
Portable heating equipment employing flame and the use of solid, liquid or gaseous fuels is
prohibited.
§ 136-25. Water-heating facilities.
Every dwelling unit shall have supplied water-heating facilities which are properly installed,
are maintained in safe and good working condition, are properly connected with the hot water
lines required under the provisions of § 136-21 of this chapter, and are capable of heating
water to such a temperature as to permit an adequate amount of water (not less than one
gallon per minute) to be drawn at every required kitchen sink, lavatory basin, bathtub or
shower at a temperature of not less than 120° F. Such supplied water-heating facilities shall be
capable of meeting the requirements of this section when the dwelling or dwelling unit
heating facilities required under provisions of § 136-23 are not in operation.
§ 136-26. Insect control.
From May 1 to October 1 of each year, and when deemed necessary by the Code Enforcer for
protection against mosquitoes, flies and other insects, every door opening directly from a
dwelling unit to outdoor space, and being used for ventilation purposes, shall have supplied
screens and a self-closing device; and every window or other device with openings to outdoor
space, used or intended to be used for ventilation, shall likewise be supplied with screens of
not less than No. 16 mesh covering at least 11% of the window area; except that such screens
shall not be required during such period in rooms deemed by the Code Enforcer to be located
high enough in the upper stories of buildings as to be free from such insects, or where room
or central air conditioning is installed and operating.
§ 136-27. Rodent control.
Every basement or cellar window used or intended to be used for ventilation, and every other
opening to a basement which might provide for entry of rodents, shall be supplied with a
screen or other such device as will effectively prevent their entrance.
§ 136-28. Water service.
Every dwelling unit shall be provided with water service from the municipal water utility
when available. In the event that a water customer, as defined by Chapter 234, Water, on an
account for a residential property which is occupied by persons whose supply of water is
dependent upon the customer's timely payment of water utility charges fails to pay a water or
sewer bill, or otherwise jeopardizes the continuation of the service of water to such dwelling
unit, such person constituting the water customer shall be in violation of this section and shall
be deemed to have failed to provide such dwelling unit with water, regardless of whether
water service is actually terminated. A customer shall be in violation of this section if notice
of termination of water service is issued to him/her and (s)he fails to cause such notice to be
withdrawn, canceled or extended by making timely payment or other arrangements within the
time period specified in the termination notice. Violations of this section shall be punishable
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§ 136-28 HOUSING STANDARDS § 136-29
in accordance with Chapter 230 of the General Code of the Borough of Butler; provided,
however, that upon the issuance of a citation for a violation of this section, a separate
violation shall be deemed to have occurred for every twenty-four-hour period subsequent to
the issuance of the citation that the customer shall fail to cause such notice of termination to
be withdrawn, canceled or extended.
§ 136-29. Smoke and carbon monoxide detector devices.
No person shall occupy or let to another any dwelling or dwelling unit for the purpose of
occupancy therein which does not comply with the requirements of this section.
A. Definition. As used in this section, the following terms shall have the meanings
indicated:
CARBON MONOXIDE DETECTION DEVICE — A device which is capable of
detecting an invisible, odorless, tasteless, gas produced when fossil fuels do not burn
completely or are exposed to heat (usually fire).
SMOKE DETECTOR — Devices which detect visible and invisible particles of
combustion and meet the listing criteria of UL217.
B. Applicability.
(1) In all dwellings and dwelling units in the Borough, a smoke detection device shall
be installed in accordance with the requirements herein. Battery-powered smoke
detection devices shall be acceptable as meeting the minimum requirements of this
subsection. Electric-powered smoke detectors, whether interconnected or
single-station units, shall also meet the requirements of this subsection.
(2) In all dwelling and dwelling units of the Borough a carbon monoxide detection
device shall be installed in accordance with the requirements herein.
Battery-powered detection devices shall be acceptable as meeting the minimum
requirements of this subsection.
C. Where required.
(1) A smoke detection device shall be installed on each level of all one-and
two-family dwellings and dwelling units, Use Group R-3.
(2) The smoke detection device shall be installed as follows:
(a) On the under side of the header at the bottom of the stairs of the
cellar/basement.
(b) On the first floor in the living room or near the stairs to the second floor.
(c) On the second floor outside of the doors to bedrooms within 10 feet of the
sleeping area.
(d) On the third floor, should this room be finished with interior walls and
ceilings and accessible by fixed stairs, regardless of use.
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§ 136-29
BUTLER CODE
§ 136-29
(3) Nothing in this subsection shall be construed or interpreted to in any way impair
the authority of the Code Enforcer to require additional smoke detectors as may be
deemed necessary.
(4) Except as provided above, all detectors shall be securely mounted on the ceiling
surface at least six inches from the nearest wall, or in accordance with the
manufacturer's specifications.
D. Responsibility.
(1) The owners or managing agents of any dwelling or dwelling unit shall install and
maintain carbon monoxide detectors in full operating condition as described herein.
(2) It shall be the duty of the tenant or occupant of a dwelling unit, at his/her own
expense, to maintain and replace all batteries for battery-operated carbon monoxide
detector devices installed by the owner in such dwelling units. Any tenant or
occupant who fails to so maintain and replace such batteries shall be guilty of violating
this subsection.
E. Interference with operation prohibited. It shall be unlawful for any tenant, occupant,
owner, agent or any other person to tamper with, damage, destroy, steal, paint over or do
anything to cause such smoke detectors or any of its parts to malfunction or fail to
operate.
F. Violations and penalties. Any person guilty of violating the provisions of this section,
upon conviction, shall be subject to the penalties set forth in Chapter 230 of the General
Code of the Borough of Butler.
G. Applicability. In all dwellings and dwelling units of the Borough, a carbon monoxide
detection device shall be installed in accordance with the requirements herein.
Battery-powered detection devices shall be acceptable as meeting the minimum
requirements of this subsection.
H. Where required. A carbon monoxide detection device should be centrally located outside
of each separate sleeping area in the immediate vicinity of the bedrooms. If the bedroom
hallway is longer than 40 feet, the installation of a device shall be required at both ends
of the hallway.
(1) In dwellings containing more than one unit of dwelling space there shall be a
detector required for each dwelling unit of the structure.
(2) Nothing in this subsection shall be construed or interpreted to in any way impair
the authority of the Code Enforcer to require additional carbon monoxide detection
devices as may be deemed necessary.
I. Responsibility.
(1) The owners or managing agents of any dwelling or dwelling unit shall install and
maintain smoke detectors in full operating condition as described herein.
(2) It shall be the duty of the tenant or occupant of a dwelling unit, at his/her own
expense, to maintain and replace all batteries for battery-operated smoke detector
136:10
§ 136-29
HOUSING STANDARDS
§ 136-32
devices installed by the owner in such dwelling units. Any tenant or occupant who
fails to so maintain and replace such batteries shall be guilty of violating this
subsection.
J.
Certificate of smoke detector and carbon monoxide alarm compliance required.
(1) Prior to any change in ownership of any dwelling, inhabited or intended to be
inhabited, a certificate of smoke detector and carbon monoxide alarm compliance
shall first have been obtained from the Code Enforcer, stating that the building and
premises comply with the section.
§ 136-30. Fire extinguishers.
A. Each structure, other than a seasonal rental unit, shall also be equipped with at least one
portable fire extinguisher. Portable fire extinguisher means an operable portable device,
carried and operated by hand, containing an extinguishing agent that can be expelled
under pressure for the purpose of suppressing or extinguishing fire, and which is: [1]
rated for residential use consisting of an ABC type; [2] no larger than a 10 pound rated
extinguisher; [3] mounted within 10 feet of the kitchen area, unless otherwise permitted
by the Code Enforcer.
B. Responsibility. The owners or managing agents of any dwelling or dwelling unit shall
install and maintain fire extinguishers in full operating condition as described herein.
C. Certificate required. Prior to any change in ownership of any dwelling, inhabited or
intended to be inhabited, a certificate of fire extinguisher compliance shall first have been
obtained from the Code Enforcer, stating that the building and premises comply with the
section.
ARTICLE VI
Minimum Standards for Light, Electrical Facilities and Ventilation
§ 136-31. Compliance required.
No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the
purpose of living therein, which does not comply with the requirements of this article.
§ 136-32. Lighting.
A. Every habitable room shall have at least one window or skylight facing directly to the
outdoors. The minimum total window area, measured between stops, for every habitable
room shall be 10% of the floor area of the room. Whenever walls or other portions of
structures face a window of any such room and such light-obstructing structures are
located less than three feet from the window and extend to a level above that of the
ceiling of the room, such a window shall not be deemed to face directly to the outdoors
and shall not be included in calculating the required minimum total window area.
Whenever the only window in a room is a skylight type in the top of such room, the total
window area of the skylight shall equal at least 15% of the total floor area of the room.
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§ 136-32
BUTLER CODE
§ 136-33
B. Every habitable room in any dwelling shall contain at least two separate wall-type
electric convenience outlets, each of which shall be a minimum of a double outlet; or one
such double-convenience outlet and one ceiling- or wall-type electric light fixture.
C. Every bathroom and water closet compartment shall contain at least one ceiling or
wall-type light fixture.
D. Every portion of each staircase, hall, cellar, basement, landing, furnace room, utility
room and all similar nonhabitable space located in a dwelling shall have artificial light
available at all times, with an illumination of at least two lumens per square foot (two
footcandles) in the darkest portion.
E.
Every portion of any interior or exterior passageway or staircase common to three or
more families in a dwelling shall be illuminated at all times with light of at least two
lumens per square foot (two footcandles) in the darkest portion of the normally traveled
stairs and passageways. In dwellings comprising two dwelling units, such illumination
shall not be required at all times if separate switches for the control of such light,
convenient and readily accessible to each dwelling unit, are provided.
F. Every electrical outlet and fixture required by this section shall be properly installed and
maintained in good and safe condition so as not to cause a fire or electrical shock hazard
and shall be properly connected to the source of electric power. Without restricting the
generality of this subsection, no temporary wiring shall be used except extension cords in
good and safe condition which run directly from portable fixtures or appliances to
convenience outlets, and which do not lie under rugs or other floor coverings, nor extend
through doorways, transoms or other openings through structural elements.
§ 136-33. Ventilation.
A. Every habitable room shall have at least one easily operable window or skylight or such
other device as will adequately ventilate the room. The total openable window area in
every habitable room shall be equal to at least 45% of the minimum window area or
minimum skylight-type window size, as required in § 136-32A, except where there is
supplied some other device affording adequate ventilation providing at least two air
changes per hour and approved by the Code Enforcer.
B. Every bathroom and water closet compartment shall comply with the ventilation
requirements for habitable rooms contained in Subsection A, except that no window or
skylight shall be required in adequately ventilated bathrooms and water closet
compartments equipped with a ventilation system providing at least six air changes per
hour which is operated either continuously or automatically when in use and is approved
by the Code Enforcer.
C. Every public hall and stairway in every multiple dwelling and rooming house shall be
adequately ventilated.
D. Utility spaces which contain heat-producing, air-conditioning and other operating
mechanical equipment shall be ventilated to the outer air, and air from such spaces shall
not be recirculated to other parts of the building.
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§ 136-33
HOUSING STANDARDS
§ 136-37
D. Natural ventilation of spaces such as attics and enclosed basementless spaces shall be
provided by openings of sufficient size to overcome dampness and minimize the effect of
conditions conducive to decay and deterioration of the structure, and to prevent excessive
heat in attics.
ARTICLE VII
Minimum Space, Use and Location Requirements
§ 136-34. Compliance required.
No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the
purpose of living therein, which does not comply with the following requirements.
§ 136-35. Floor space.
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, the floor space to be calculated on the basis of total
habitable room area, exclusive of stairways.
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 of floor space. Every room occupied
for sleeping purposes by more than one occupant shall contain at least 50 square feet of
floor space for each occupant thereof. Kitchens and nonhabitable spaces shall not be used
for sleeping purposes.
§ 136-36. Ceiling height.
A. At least 1/2 of the floor area of every habitable room shall have a ceiling height of at
least seven feet; and the floor area of that part of any room where the ceiling height is
less than five 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 the maximum permissible
occupancy thereof.
B. Every bathroom, toilet compartment, utility room, hall and passageway shall have a clear
ceiling height of at least six feet eight inches.
§ 136-37. Use.
A. No cellar space shall be used as a habitable room or dwelling unit.
B. No basement space shall be used as a habitable room or dwelling unit unless:
(1)
The floor and walls are impervious to leakage of underground and surface runoff
water and are insulated against dampness.
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§ 136-37
BUTLER CODE
§ 136-38
(2) The total of the window area in each room is equal to at least the minimum
window area sizes as required by § 136-32 and is located entirely above the grade of
the ground adjoining such window area.
(3) The total of openable window area in each room is equal to at least the minimum as
required under § 136-33, except where there is supplied some other device affording
adequate ventilation and approved by the Code Enforcer.
(4) There are no pipes, ducts or other obstructions less than six feet six inches above
the floor level.
(5) All furnaces or other heating facilities are so located, insulated and separated from
the living area by fireproof partitions or walls necessary pursuant to regulations of
the Fire Chief so that the same does not constitute an undue hazard to the safety
and health of the occupants.
(6) There is a second means of egress conforming to the requirements of § 136-41A.
C. An interior room not having its own source of natural light and ventilation may be used
for living purposes, other than sleeping, only where such room is adjacent to an outside
room which has adequate natural light and ventilation, calculated on the basis of the
combined floor area of the two rooms, and where the separating wall between the two
rooms has a clear horizontal opening, doorway or archway at least six feet wide.
§ 136-38. Location of sleeping rooms.
A. No dwelling or dwelling unit containing two or more sleeping rooms shall have such
rooms so located that access to a bathroom or water closet compartment, intended for use
by occupants of more than one sleeping room, can be had only by going through another
sleeping room; nor shall room arrangements be such that access to a sleeping room can
be had only by going through another sleeping room or bathroom or water closet
compartment.
B. No bed may be located or placed in a basement for sleeping purposes. A bed may be
stored in a basement in a disassembled or upright position only. Where a room is partly
underground and having more than 1/2 of its clear height above finished grade, said
space may be used as a dwelling unit subject to meeting the following criteria in addition
to any other applicable provisions of the Zoning Ordinance or Housing Ordinance of the
Borough of Butler:
(1) The floor level of rooms used for sleeping is less than 3 1/2 feet below the average
grade of ground adjacent to and within 15 feet of the exterior walls of such rooms
and the floors and walls are impervious to leakage of underground and surface
runoff water and are insulated against dampness, and provided that the windows
thereof are at least 15 feet from the nearest building or wall.
(2) The total of window area in each room is equal to at least the minimum window
area size as required in Subsection A of § 136-33.
136:14
§ 136-38
HOUSING STANDARDS
§ 136-40
(3) Such required minimum window area is located entirely above the grade of the
ground adjoining such window area.
(4) The total of openable window area in each room is equal to at least the minimum
as required under Subsection B of § 136-33, except where there is supplied some
other device affording adequate ventilation and approved by the public officer.
§ 136-39. Overcrowding.
Dwelling units shall not be occupied by more occupants than permitted by the minimum area
requirements of Table 136-39.5
Table 136-39.5 — Minimum Area Requirements
Minimum Area in Square Feet
6 or More
Space
1-2 Occupants
3-5 Occupants
Occupants
Living Rooma, b
No requirements
120
150
Dining Rooma, b
No requirements
80
100
Kitchen
50 square feet
50
60
Bedrooms
Shall comply with Section 136-35B
NOTES:
a See Subsection B for combined living room/dining room spaces.
b See Subsection A for limitations on determining the minimum occupancy area for
sleeping purposes.
A. Sleeping areas. The minimum occupancy area required by Table 136-39.5 shall not be
included as a sleeping area in determining the minimum occupancy for sleeping
purposes. All sleeping areas shall comply with Section 136-35B.
B. Combined spaces. Combined living room, dining room and kitchen spaces shall comply
with the requirements of Table 136-39.5 if the total area is equal to that required for
separate rooms and if the space is located so as to function as a combination living
room/dining room and/or kitchen. There must be a kitchen.
§ 136-40. Efficiency unit.
Nothing in this section shall prohibit an efficiency living unit from meeting the following
requirements:
A. A unit occupied by not more than two occupants shall have a clear floor area of not less
than 220 square feet. A unit occupied by three occupants shall have a clear floor area of
not less than 320 square feet. These required areas shall be exclusive of the areas
required by Items 2 and 3.
136:15
§ 136-40
BUTLER CODE
§ 136-41
B. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration
facilities, each having a clear working space of not less than 30 inches in front. Light and
ventilation conforming to this code shall be provided.
C. The unit shall be provided with a separate bathroom containing a water closet, lavatory,
and bathtub or shower.
D. The maximum number of occupants shall be three.
§ 136-41. Exitways.
A. Safe exitway. Every dwelling unit shall have a safe and unobstructed means of exit
leading to a safe and open space at ground level accessible to a street.
B. Secondary exitway.
(1) Buildings containing two or more dwelling units and three or more stories in
height above grade shall have a suitable and separate secondary exit.
(2) This secondary exit shall be made accessible by a doorway or openable window to a
protected stairway or fire escape providing a safe path of escape in case of emergency.
C. Direct access to exitway. Access to any exit required by this section shall not necessitate
passage through any other dwelling unit or part thereof, nor shall any exit be subject to
locking by any device which impedes or prohibits ready exit.
D. Window exits. Where the secondary exit is by means of an openable window, the
opening shall be at least five square feet in area, with a minimum dimension of 20
inches. The bottom of the opening or sill height shall not be more than three feet six
inches above the floor and shall lead directly to the fire escape. Where storm windows,
screens or burglar guards are used, these shall be readily openable from the inside.
E. Applicability. This section shall apply to all existing structures deemed subject to the
provisions of this chapter by the Code Enforcer of the Borough of Butler in accordance
with § 136-123, Applicability.
F. Exceptions. The issuance of a valid certificate of occupancy or continued certificate of
occupancy by the Construction Official with regard to buildings deemed subject to the
provisions of this section shall, in fact, satisfy the intent of this section. The Code
Enforcer shall be empowered to grant reasonable waivers in cases where strict
compliance with the requirements hereof would cause a hardship and where a waiver
would not substantially frustrate the purposes of this section.
136:16
§ 136-42
HOUSING STANDARDS
§ 136-42
ARTICLE VIII
Responsibilities of Owners for Maintenance of Dwellings and Dwelling Units
§ 136-42. Responsibility of owner and operator for exterior of premises.
A. Generally. Owners and operators shall have the duties and responsibilities as described in
this code and the regulations promulgated pursuant thereto and no owner or operator
shall be relieved from any such duty and responsibility nor be entitled to defend against
any charge of violation thereof by reason of the fact that the occupant is also responsible
therefor and in violation thereof.
B. Free of hazards and unsanitary conditions. 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 shall be kept 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 from
hazards which include but are not limited to the following:
(1) Rubbish. Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth,
garbage, trash, refuse and debris, etc., are prohibited upon properties.
(2) Natural growth. Dead and dying trees and limbs or other natural growth which by
reason of rotting or deteriorating condition or storm damage constitute a hazard to
persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such
condition.
(3) 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.
(4) Ground surface hazards and unsanitary conditions. Holes, excavations, breaks,
projections, obstructions, icy conditions, uncleared snow, excretions of pets and
other animals on paths, walks, driveways and other parts of the premises which are
accessible to and are used by persons on the premises of all such holes and excavations
shall be filled and repaired, walks and steps replaced and other conditions
removed where necessary to eliminate hazards or unsanitary conditions with reasonable
dispatch upon their discovery.
(5) Recurring accumulations of stormwater. Adequate runoff drains shall be provided
and maintained to eliminate any such recurrence or excessive accumulation of
stormwater. Such stormwaters shall not be drained to driving, parking or walking
areas.
(6) Inoperable motor vehicles. No inoperable or currently unregistered or uninspected
motor vehicle shall be parked, stored or left on any residential, multifamily or
shopping center property except inside a garage or enclosed building.
(7) Parking of motor vehicles.
(a) The parking of any motor vehicle by an owner, occupant or operator on the
lawn of any residential property is strictly prohibited.
136:17
§ 136-42 BUTLER CODE § 136-45
(c) All vehicles must park on an improved surface, either paved by asphalt or
similar-type material or stoned as a parking area in accordance with the
requirements of Chapter 143, Zoning Ordinance.
(8) Maintenance of sidewalks and curbs. It shall be the duty and responsibility of
the owner of property on which and along which sidewalks and curbs are
located to keep such sidewalks and curbs in a proper condition of
maintenance and good repair, including but not limited to a condition whereby
such sidewalks and curbs are free of obstruction, debris, cracks and crevices or
other unsafe conditions.
§ 136-43. Occupancy conditions.
A. No owner shall occupy or rent to any other person for occupancy or allow any other
person to occupy any vacant dwelling unit unless it is reasonably clean, sanitary and
complies with all the provisions of this chapter and all rules and regulations adopted
pursuant thereto.
B. No owner shall occupy or rent to any other persons for occupancy or allow any other
persons to occupy any dwelling or dwelling unit unless (s)he has informed such persons,
in writing, of the maximum number of occupants that may live in the dwelling or
dwelling unit.
C. No owner shall occupy or rent to any other person for occupancy or allow any other
person to occupy a vacant building which, by virtue of a cited violation, has been
determined to require a certification of the facilities, utilities or structural integrity that
may affect the health, safety and welfare of those persons on or near the premises.
§ 136-44. Facilities and equipment.
A. It shall be the owner's responsibility to supply, unless otherwise provided for under lease
agreement, all of the equipment and facilities required by this chapter, except that in
dwellings containing no more than three units it shall be the responsibility of the
occupant of each dwelling unit to furnish receptacles required for temporary storage of
rubbish and garbage until removal from the premises.
B. Every supplied facility, piece of equipment or utility which is required under this chapter
shall be so constructed or installed that it will function properly and shall be
maintained by the owner in reasonably good working condition.
C. The owner is responsible for all repairs and maintenance to supplied facilities
and equipment required by this chapter regardless of any agreement or lease entered into
between owner and occupant.
§ 136-45. Interruption of services.
No owner or operator shall cause any service, facility, equipment or utility which is required
to be supplied under the provisions of this chapter to be removed from, shut off from, or
discontinued for any occupied dwelling or dwelling unit let or occupied by him/her, except for
136:18
§ 136-45 HOUSING STANDARDS § 136-50
such temporary interruption as may be necessary while actual repairs, replacements or
alterations are in process of being made.
ARTICLE IX
Responsibilities of Occupants for Maintenance of Dwellings and Dwelling Units
§ 136-46. Cleanliness and sanitation.
Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that
part of the dwelling, dwelling unit and premises, including the yard and accessory buildings
thereof, which (s)he occupies and controls.
§ 136-47. Rubbish and garbage disposal.
A. Every occupant of a dwelling or dwelling unit shall dispose of all rubbish in a clean and
sanitary manner by placing it in the rubbish containers required by § 136-22.
B. Every occupant of a dwelling unit in a dwelling containing no more than three dwelling
units shall be responsible, unless provided for otherwise under a lease agreement, for the
periodic removal of all garbage and rubbish from the premises in accordance with such
regulation of the Borough for the collection of garbage and rubbish.
§ 136-48. Screens and storm windows.
Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens and
double or storm windows whenever the same are required under the provisions of this chapter
or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to
supply such service.
§ 136-49. Pest extermination.
Every occupant of a dwelling containing a single dwelling unit shall be responsible for the
extermination of any insects, rodents or other pests therein or on the premises; and every
occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be
responsible for such extermination whenever his/her dwelling unit is the only one infested.
Notwithstanding the provisions of this section, whenever infestation is caused by failure of the
owner to maintain a dwelling in a rat-proof or reasonably insect-proof condition,
extermination shall be the responsibility of the owner.
§ 136-50. Facilities and fixtures.
A. Every occupant of a dwelling unit shall keep all food storage receptacles, cooking
facilities and plumbing fixtures therein in a clean and sanitary condition and shall be
responsible for the exercise of reasonable care in the proper use and operation thereof.
B. Every occupant of a dwelling unit shall be responsible for the exercise of reasonable
care, proper use and proper operation of supplied heating facilities.
136:19
§ 136-50 BUTLER CODE § 136-53
C. Every occupant of a dwelling unit which is let or rented from another shall be
responsible for the exercise of reasonable care and the proper use of the dwelling unit,
and its component parts, and supplied facilities, equipment, fixtures and furnishings.
§ 136-51. Occupancy of dwelling units in violation prohibited.
No occupant shall occupy or permit the occupancy of any dwelling or dwelling unit in
violation of the occupancy standards established in this chapter.
§ 136-52. Access to premises.
Every occupant of a dwelling or dwelling unit, shall give the owner thereof, or his/her agent
or employee, access to any part of such dwelling or dwelling unit, or its premises, at all
reasonable times for the purpose of making such repairs or alterations as are necessary to
effect compliance with the provisions of this chapter or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this chapter.
§ 136-53. Security devices.
A. No landlord shall interfere with or prohibit any lessee from making any modification to
the security device or devices securing the doorway entrances or other accessible
openings to any residential dwelling unit. However, it shall be the obligation of any
lessee to make such modification or addition to existing security devices in a reasonable
and proper manner without damaging or defacing the premises and in strict conformance
with all laws, regulations and ordinances governing buildings, including the Fire
Prevention Code, the Life Safety Code and the Code of the National Fire Protection
Association. Further, the lessee shall be obligated to provide the landlord, or his/her
designee, with the appropriate key or other aid or instruction necessary to enable the
landlord to gain access to such premises in accordance with his/her responsibilities and
authorities as landlord.
B. As used in this subsection the following words shall have the following meanings:
ACCESSIBLE OPENINGS — Any doorway, window or other opening in the premises
through which an adult person could reasonably gain access to the interior of the
premises.
LANDLORD — Any individual, group of individuals, corporation or other business
association which owns any real property which is leased, in whole or in part, to any
person for residential or business purposes, for any term, with or without a formal lease.
SECURITY DEVICE — Any form of lock or locking device which is operated by key
or by lever action or sliding bolt, but excluding combination locks.
136:20
§ 136-54 HOUSING STANDARDS § 136-59
ARTICLE X
Violations
§ 136-54. Violations and penalties.
Any person violating any order of the Code Enforcer based on the provisions of this chapter
or any provision of any rule or regulation adopted for the enforcement or implementation of
this chapter, or violating any provision of this chapter or any provision of such rule or
regulation shall, upon conviction, be subject to the penalty prescribed in Chapter 230, General
Code of the Borough of Butler.
§ 136-55. Violation of orders.
After conviction and punishment for violation of an order of the Code Enforcer based upon
the provisions of this chapter or any provision of any rule or regulation adopted for the
enforcement or implementation of this chapter, if the person shall continue in violation of the
order, then the person shall be liable for further prosecution, conviction and punishment upon
the same order, without any necessity of the Code Enforcer issuing a new order, until the
order has been complied with.
§ 136-56. Fines collectible as liens.
In the event of the imposition of a fine or penalty by the Municipal Court or any other court
of competent jurisdiction against the owner or operator of any dwelling for violation of this
chapter, the fee or penalty shall be collectible as a lien against the premises.
§ 136-57. Abatement of nuisances.
Nothing in this chapter shall be construed or interpreted to in any way impair or limit the
authority of the Code Enforcer to define and declare nuisances and to cause the removal or
abatement of nuisances by appropriate proceedings provided by law.
ARTICLE XI
Compliance
§ 136-58. Applicability.
Every residential structure and premises located within the Borough of Butler, used or
intended to be used for dwelling purposes, shall comply with the provisions of this chapter.
§ 136-59. Minimum standards.
The provisions of this chapter are to establish minimum standards for the continued
occupancy and use of dwellings and dwelling units and shall not abrogate the responsibility of
any person to comply with the provisions of zoning, building, fire, safety, electrical, plumbing
or public health ordinances of the Borough of Butler or of any New Jersey licensing statutes.
136:21
§ 136-60 BUTLER CODE § 136-62
§ 136-60. Conformity with Building Code.
All repairs, additions, alterations, or replacements in dwellings, dwelling units or premises to
bring such dwellings, dwelling units or premises into compliance with this chapter shall
conform to all Borough ordinances governing the construction, replacement, repair or
alteration of such dwellings, dwelling units, premises, facilities and equipment contained
therein.
§ 136-61. Conflicts.
In any case where a provision of this chapter is found to be in conflict with a provision of any
zoning, building, fire, safety, electrical, plumbing or public health ordinance of the Borough
the provision which establishes the higher standard for the promotion and protection of the
health and safety of the people shall prevail.
ARTICLE XII
Definitions
§ 136-62. Terms defined.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING — A building or structure, the use of which is incidental to the
use of a dwelling and which is located in the yard around the dwelling.
AGENT —
A. Any person who alone, jointly or severally with others shall:
(1) By virtue of any agreement, written or oral, with the owner be held, concurrently
with the owner, responsible for the occupancy, charge, care, maintenance or
transfer of title of such property.
(2) Include but not be limited to attorneys, real estate agents, brokers, managers or
salespersons, rental agents or managers, executors, administrators, trustees, or
heirs, persons acting on behalf of a decedent or an incompetent or disabled
individual, or persons acting generally on behalf of another with their expressed or
implied permission in regards to the property.
B. Any such person thus representing the owner shall be bound to comply with the
provisions of this chapter and of the rules and regulations adopted pursuant thereto, to
the same extent as if (s)he were the owner.
ATTIC — Uninhabitable space directly below the roof.
BASEMENT — A portion of a building located partly underground, but having 3 1/2 feet or
more of its floor-to-ceiling height above the average level of the adjacent finished grade.
BEDROOM — See SLEEPING AREA.
136:22
§ 136-62 HOUSING STANDARDS § 136-62
CELLAR — A portion of a building located partly or wholly underground and having less
than 3 1/2 feet or more of its floor-to-ceiling height above the average grade level of the
adjacent finished grade.
CODE ENFORCER — The Code Enforcer of the Borough of Butler or authorized
representative.
DWELLING — Any house or building or portion thereof which is used or intended to be
used in whole or in part as a home, residence or sleeping place of one or more human beings,
either permanently or transiently; and shall include any building that could be or would be
intended to be used for such purposes except for its state of disrepair.
DWELLING UNIT — A single unit providing complete, independent living facilities for one
or more persons, including permanent provisions for living, sleeping, cooking and sanitation.
EXTERMINATION — The control and elimination of insects, rodents or other pests by
eliminating their harborage places; by removing or making inaccessible materials that may
serve as their food; by poisoning, spraying, fumigating or trapping; or by any other recognized
and legal pest-elimination methods approved by the Code Enforcer.
FAMILY — An individual or married couple and children thereof with not more than two
other persons related directly to the individual or married couple by blood or marriage or a
group of not more than five unrelated persons, living together as a single housekeeping unit in
a dwelling unit.
GARBAGE — The animal or vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
HABITABLE ROOM/SPACE — A room or enclosed floor space used or intended to be
used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet
compartments, laundries, pantries, foyers or communicating corridors, closets and storage
spaces.
INFESTATION — The presence, within or around a dwelling, of any insects, rodents or
other pests.
NUISANCE —
A. Any public nuisance known at public law or in equity jurisprudence, or as provided by
the statutes of the State of New Jersey or the ordinances of the Borough of Butler.
B. Any attractive nuisance which may prove detrimental to the health or safety of children
whether in a building, on the premises of a building, or upon an unoccupied lot,
including, but not limited to, abandoned wells, shafts, basements, excavations, abandoned
ice boxes, refrigerators, motor vehicles, any structurally unsound fences or structures,
lumber, trash, fences, debris and vegetation such as poison ivy, oak or sumac, which may
prove a hazard for inquisitive minors.
C. Physical conditions dangerous to human life or detrimental to the health of persons on or
near the premises where the conditions exist.
D. Overcrowding of a room with occupants in violation of this chapter.
136:23
§ 136-62 BUTLER CODE § 136-62
E. Insufficient ventilation or illumination in violation of this chapter.
F. Inadequate or unsanitary sewage or plumbing facilities in violation of this chapter.
G. Unsanitary conditions or anything offensive to the senses or dangerous to health in
violation of this chapter.
H. Whatever renders air, food or drink unwholesome or detrimental to the health of human
beings.
I. Fire hazards.
OCCUPANT — Any person, over one year of age, living, sleeping, cooking or eating in or
having actual possession of a dwelling unit or rooming unit.
OPERATOR — Any person who has charge, care or control of a building, or part thereof, in which
dwelling units or rooming units are let.
OWNER —
A. Any person who, alone or jointly or severally with others, shall have:
(1) Legal equitable title to any dwelling or dwelling unit, with or without
accompanying actual possession thereof.
(2) Charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner,
or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate
of the owner.
B.
Any such person thus representing the actual owner shall be bound to comply with the
provisions of this chapter and of rules and regulations adopted pursuant thereto, to the same
extent as if (s)he were the owner.
PARTIES IN INTEREST — All individuals, associations and corporations who have interest of
record in a dwelling and who are in actual possession of the dwelling.
PERSON — Any individual, firm, corporation, association or partnership.
PLUMBING — All of the following supplied facilities and equipment: gas pipes, gas burning
equipment, water pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs,
shower baths, installed clothes washing machines, catch basins, drains, vents any other similar
supplied fixtures, together with all connections to water, sewer or gas lines.
PREMISES — A lot, piece or parcel of land including the buildings or structures thereon.
REPAIR — To restore to a sound and acceptable state of operation, serviceability or
appearance. Repairs shall be expected to last approximately as long as would the replacement
by new items.
REPLACE — To remove an existing item or portion of a system, and to construct or install a new
item of similar or improved quality as the existing item when new. Replacement will ordinarily take
place where the item is incapable of repair or where repair would be more costly.
136:24
§ 136-62 HOUSING STANDARDS § 136-63
ROOMING HOUSE — Any lodging house, boardinghouse or nursing home, including
hotels, tourist homes, fraternity and sorority houses, or any dwelling, or that part of any
dwelling, containing three or more rooming units each of which is rented by one or more
persons not related to the owner or operator.
ROOMING UNIT — Any room or group of rooms forming a single habitable unit occupied
or intended to be occupied for sleeping or living, but not for cooking purposes.
RUBBISH — Combustible and noncombustible waste materials, except garbage; and the
term shall include the residue from the burning of wood, coal, coke and other combustible
material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard
trimmings, tin cans, metals, mineral matter, glass, crockery and dust.
SLEEPING AREA — Room designed for sleeping purposes only. Sleeping areas cannot be
combined with other uses, such as living room, dining room, kitchen, den, porches, etc.
SUPPLIED — Paid for, furnished or provided by, or under the control of, the owner or
operator.
TENEMENT HOUSE — As defined by state statute, any house or building or portion thereof
which is rented, leased, let or hired out to be occupied or is occupied as the home or residence
of three families or more living independently of each other and doing their cooking upon the
premises. This definition shall not apply to a detached dwelling house of not more than three
stories and having central heating, and which is occupied for occupancy by three families
living independently where the space provided for at least one of such families is not
equipped with full cooking facilities.
YARD — The land, other than publicly owned land, around and appurtenant to the whole or
any part of a dwelling and used or capable of being used in connection with the dwelling,
whether or not the land is owned by the owner of the building.
§ 136-63. Meanings of certain words.
Whenever the words "dwelling," "dwelling unit," "rooming unit," and "premises" are used in
this chapter, they shall be construed as though they were followed by the words "or any part
thereof."
136:25
Chapter 139
INSURANCE
ARTICLE I
Fire Insurance Claims
§ 139-1. Conditions for payment.
§ 139-2. Filing of copy.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
ARTICLE I
Fire Insurance Claims
[Adopted 11-11-1980 by Ord. No. 80-21]
§ 139-1. Conditions for payment.
Pursuant to N.J.S.A. 17:36-8, no insurer issuing fire insurance policies in the State of New
Jersey shall make payment to any claimant of any claim in excess of $2,500 for fire damages
on real property located within the Borough of Butler, County of Morris, pursuant to any fire
insurance policy issued or renewed after the adoption of this Article until such time as all
taxes and assessments and all other municipal liens or charges due and payable appearing on
an official certificate of tax search issued by the Borough's Tax Search Office shall have been
paid either by the owner of such real property or by the insurance company unless the
Borough of Butler shall adopt a resolution providing for the payment of said liens in
installments pursuant to N.J.S.A. 17:36-11.
§ 139-2. Filing of copy.
A certified copy of this Article shall be filed with the State Commissioner of Insurance for the
State of New Jersey.
139:1
Chapter 143
LAND USE
Part 1
General Provisions
ARTICLE I
Title, Purpose, Scope
§ 143-1.
Title.
§ 143-2.
Purpose.
§ 143-3.
Scope.
ARTICLE II
Word Usage and Definitions
§ 143-4.
Word usage.
§ 143-5-5A.
Definitions.
Part 2
Planning Board and Board of Adjustment
ARTICLE III
Planning Board
§ 143-6.
Establishment.
§ 143-7.
Terms.
§ 143-8.
Vacancies.
§ 143-9.
Organization of Board.
§ 143-10.
Planning Board Attorney.
§ 143-11.
Experts and staff.
§ 143-12.
Powers and duties generally.
§ 143-13.
Advisory Committee.
ARTICLE IV
Zoning Board of Adjustment
§ 143-14.
Findings.
§ 143-15.
Abolishment of Zoning Board of Adjustment; discharge of members.
§ 143-16.
Reference to Board of Adjustment.
§ 143-17.
Experts and staff.
§ 143-18.
Rules and regulations.
§ 143-19.
Powers of the Zoning Board of Adjustment.
§ 143-20.
Appeals and applications.
§ 143-21.
Power to reverse or modify decisions.
§ 143-22.
Expiration of variance.
§ 143-23.
Powers granted by law.
§ 143-24.
Additional powers.
§ 143-25.
Time for decision and certification of completeness.
§ 143-26.
Annual review of decisions; annual report.
143:1
§ 143-27
LAND USE
§ 143-59
ARTICLE V
Provisions Applicable to Both the Planning Board and Zoning Board of Adjustment
§ 143-27.
Conflicts of interest.
§ 143-28.
Meetings.
§ 143-29.
Minutes.
§ 143-30.
Fees.
§ 143-31.
Hearings.
§ 143-32.
Notice requirements for hearing.
§ 143-32.1.
Registration by public utilities, cable television companies or local utilities.
§ 143-33.
List of property owners furnished.
§ 143-34.
Decisions.
§ 143-35.
Publication of decision.
§ 143-36.
Payment of taxes.
§ 143-37.
Disclosure of ownership by corporation or partnership.
§ 143-38.
Conditional approval.
§ 143-39.
Default approvals; applicant's obligations.
§ 143-40.
Pending applications.
§ 143-41.
Continuance in office.
Part 3
Development Review
ARTICLE VI
Development Review Fees
§ 143-42.
Application fees.
§ 143-43.
Technical review escrow deposits.
§ 143-44.
Soil permits.
ARTICLE VII
Application Procedures
§ 143-45.
Applicability.
§ 143-46.
Waiver.
§ 143-47.
Informal review of concept plan.
§ 143-48.
Filing.
§ 143-49.
Completeness of application.
§ 143-50.
Combination and separation of applications.
ARTICLE VIII
Review Procedures
§ 143-51.
General.
§ 143-52.
Time period for decision.
§ 143-53.
Amended applications.
§ 143-54.
Exceptions from site plan or subdivision requirements.
§ 143-55.
Submission of approved final plans.
§ 143-56.
Minor subdivision and minor site plan procedure.
§ 143-57.
Preliminary major subdivision and preliminary major site plan procedure.
§ 143-58.
Installation of improvements; performance guarantee.
§ 143-59.
Final major subdivision and final major site plan procedure.
143:2
§ 143-60
LAND USE
§ 143-95
ARTICLE IX
On-Tract and On-Site Improvements
§ 143-60.
Installations for subdivisions.
§ 143-61.
Installation for site plans.
ARTICLE X
Off-Tract Improvements
§ 143-62.
Approval prerequisites.
§ 143-63.
Determination of nature of improvement.
§ 143-64.
Assessment of properties.
§ 143-65.
Developer's share of cost for improvements not installed by developer.
ARTICLE XI
Performance and Maintenance Guarantees; Inspection; Agreement
§ 143-66.
Improvements, guarantees and insurance requirements.
§ 143-67.
Release of guarantees; inspection of improvements.
§ 143-68.
Developer's agreement.
§ 143-69.
Maintenance guaranty.
§ 143-70.
Inspection fees.
§ 143-71.
Development by stages or sections.
ARTICLE XII
Design and Construction Standards for Subdivisions
§ 143-72.
General.
§ 143-73.
Streets.
§ 143-74.
Blocks.
§ 143-75.
Lots.
§ 143-76.
Streetlights.
§ 143-77.
Guard rails.
§ 143-78.
Street signs.
§ 143-79.
Street trees.
§ 143-80.
Monuments.
§ 143-81.
Utilities and drainage.
§ 143-82.
Topsoil protection.
§ 143-83.
Soil removal.
§ 143-84.
Preservation of landscape.
ARTICLE XIII
Design and Construction Standards for Site Plans
§ 143-85.
General.
§ 143-86.
Circulation, parking and loading.
§ 143-87.
Landscaping and buffers.
§ 143-88.
Sight triangles.
§ 143-89.
Lighting.
§ 143-90.
Trash, garbage and waste material.
§ 143-91.
Recycling of recyclable materials in multifamily housing.
§ 143-92.
Building design.
§ 143-93.
Energy conservation.
§ 143-94.
Site plans for planned developments.
§ 143-95.
Open space organization.
143:3
§ 143-96
LAND USE
§ 143-119
ARTICLE XIV
Regulation of Slopes
§ 143-96.
(Reserved)
§ 143-97.
(Reserved)
§ 143-98.
(Reserved)
§ 143-99.
(Reserved)
§ 143-100.
(Reserved)
§ 143-101.
(Reserved)
§ 143-102.
(Reserved)
§ 143-102.01. Regulation of slopes.
Part 4
Soil Removal
ARTICLE XV
Regulations for Soil Removal
§ 143-103.
Permit required.
§ 143-104.
Application requirements.
§ 143-105.
Fees.
§ 143-106.
Review of application.
§ 143-107.
Public hearing; notice.
§ 143-108.
Standards for review of application.
§ 143-109.
Performance bond.
§ 143-110.
Restrictions on soil removal; exception to permit requirements.
§ 143-111.
Streets used for soil transportation.
§ 143-112.
Effect on zoning regulations.
§ 143-113.
Commercial soil removal operations.
§ 143-114.
Enforcement.
Part 5
Zoning Regulations
ARTICLE XVI
Zone Districts and Enforcement
§ 143-115.
Zone districts.
§ 143-116.
Zoning Map.
§ 143-117.
Schedule of Permitted Uses.
§ 143-118.
Schedule of Zoning Requirements.
§ 143-119.
Purposes.
143:4
§ 143-120
LAND USE
§ 143-151
ARTICLE XVII
Special District Regulations
§ 143-120.
Townhouse regulations in the R-2 and R-3 Districts.
§ 143-121.
Apartment regulations in the R-6 Residence District.
§ 143-122.
Townhouse regulations in the R-7 Residence District.
§ 143-123.
Regulations in the SC Senior Citizen Housing District.
§ 143-123.1.
Apartments in the R-8 Townhouse/Apartment District.
§ 143-123.2.
Optional townhouse and apartment development in the R-8
Townhouse/Apartment District.
§ 143-123.3.
Locations of vehicular access in HC Zone Highway Commercial and R-8
Townhouse/Apartment Districts.
§ 143-123.4.
Main Street Redevelopment Area.
§ 143-123.5.
Cannabis Retail and Medical Cannabis Dispensary Conditional Use in HC
Zone.
ARTICLE XVIII
General Provisions
§ 143-124.
Applicability of regulations.
§ 143-125.
Existing platted lots.
§ 143-126.
Subdivision of lot.
§ 143-127.
Required area or space.
§ 143-128.
Prohibited use.
§ 143-129.
Requirements to be met on lot and within zone district.
§ 143-130.
Yards.
§ 143-131.
Front yard setback adjustment.
§ 143-132.
Location of building entrance.
§ 143-133.
Corner lot.
§ 143-134.
Easements excluded.
§ 143-135.
Exceptions to requirements.
§ 143-135.1.
Decks and patios.
§ 143-136.
Principal building.
§ 143-137.
Accessory building.
§ 143-138.
Principal uses in nonresidential districts.
§ 143-139.
Private storage sheds.
§ 143-140.
Swimming pools, hot tubs and SPAS.
§ 143-141.
Fences and walls.
§ 143-142.
Garages in residential districts.
§ 143-143.
Parking and storage of vehicles on residential lots.
§ 143-143.1.
Residential vehicle repair.
§ 143-143.2.
Residential vehicle sales.
§ 143-144.
Parking of vehicles in nonresidential districts.
§ 143-144.1.
Private vehicle sales.
§ 143-145.
Outdoor machines and equipment.
§ 143-146.
Commercial amusements.
§ 143-147.
Temporary permits for certain transportable structures.
§ 143-148
Outdoor storage.
§ 143-148.1
Temporary Exterior Storage Units in Residential Districts.
§ 143-149.
Performance standards.
§ 143-150.
Lot grading.
§ 143-151.
Child care centers.
143:5
§ 143-152
LAND USE
§ 143-178
ARTICLE XIX
Nonconforming Buildings and Uses
§ 143-152.
Continuance of nonconforming use or structure.
§ 143-153.
Restoration of existing buildings.
§ 143-154.
Completion of existing buildings.
§ 143-155.
Unlawful use not authorized.
§ 143-156.
Nonconforming due to reclassification.
§ 143-157.
Date of nonconformance.
§ 143-157.1.
Expansion of existing nonconforming residences.
ARTICLE XX
Conditional Uses
§ 143-158.
Application procedures.
§ 143-158.01. Location requirements.
§ 143-159.
Service stations.
§ 143-160.
Limited service stations.
§ 143-160.1.
Limited service stations with convenience center.
§ 143-161.
Car washes.
§ 143-162.
Health-care facilities.
§ 143-163.
Churches; places of religious worship.
§ 143-164.
Public and private schools teaching academic subjects.
§ 143-165.
Cemeteries.
§ 143-166.
Funeral homes.
§ 143-167.
Adult novelties and adult bookstores.
§ 143-168.
Drive-in banks.
§ 143-169.
Community residences for more than six developmentally disabled persons;
community shelters for more than six victims of domestic violence.
§ 143-170.
Automobile sales establishments.
§ 143-171.
Garden centers and building materials sales.
§ 143-172.
Drive-in and fast-food restaurants.
§ 143-173.
Cannabis Retail and Medical Cannabis Dispensary Establishment.
§ 143-173.1.
Wireless telecommunications antennas and facilities.
§ 143-173.2.
Home occupation.
§ 143-173.3.
Keeping of animals.
§ 143-173.4.
Self Storage Facilities.
ARTICLE XXI
Signs
§ 143-174.
General sign provisions
§ 143-175.
Permitted signs.
ARTICLE XXII
Administration and Enforcement
§ 143-176.
Enforcement.
§ 143-177.
Certificates of occupancy.
§ 143-178.
Violations and penalties.
143:6
§ 143-179
LAND USE
§ 143-190
ARTICLE XXIII
Stormwater Management
§ 143-179.
Scope and purpose.
§ 143-180.
General standards.
§ 143-181.
Stormwater management requirements for major development.
§ 143-182.
Calculation of stormwater runoff and groundwater recharge.
§ 143-183.
Sources for technical guidance.
§ 143-184.
Solids and floatable materials control standards.
§ 143-185.
Safety standards for stormwater management basins.
§ 143-186.
Requirements for a site development stormwater plan.
§ 143-187.
Maintenance and repair.
§143-187A Violations and Penalties:
ARTICLE XXIV
Stormwater Management for Minor Subdivisions and Individual Single-Family Properties
§ 143-188.
Purpose.
§ 143-189.
Applicability.
§ 143-190.
General standards.
Schedule A, Minimum Distances in Feet for Location of Parking and Loading Areas and
Minimum Buffer Widths
Schedule B, Off-Street Parking Space Requirements
Schedule C, Schedule of Permitted Uses
Schedule D, Area and Bulk Regulations
Checklist No. 1, Checklist for Determining Completeness of Application for Development
Checklist No. 2, Checklist for Determining Completeness of Variance or Appeal
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler
by Ord. No. 2006-27. Amended 4-16-2024 by Ord. No. 2024-06. Amended 7-16-2024 by Ord.
No. 2024-16. Amendments noted where applicable.]
143:7
§ 143-1
LAND USE
§ 143-4
Part 1
General Provisions
ARTICLE I
Title, Purpose, Scope
§ 143-1. Title.
Chapter 143 of the Revised General Ordinances of the Borough of Butler otherwise known as
the "Land Use Ordinance of the Borough of Butler" shall be amended to read in its entirety as
follows:
§ 143-2. Purpose.
The purpose of this chapter shall, in general and where applicable to local conditions in the
Borough of Butler, be the purpose of the Municipal Land Use Law, Chapter 291 of the Laws
of 1975, as set forth in Section 2 (N.J.S.A. 40:55D-2) of said law.
§ 143-3. Scope.
A. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or
interfere with existing provisions of other laws or ordinances, except those specifically or
impliedly repealed by this chapter, or any private restrictions placed upon property by
covenant, deed or other private agreement unless repugnant hereto.
B. Where this chapter imposes a greater restriction upon the use of buildings or premises or upon
the height of buildings or lot coverage or requires greater lot area, or longer yards, or other
open spaces than are imposed or required by such rules, regulations, or permits or by such
private restrictions, the provisions of this chapter shall control.
ARTICLE II
Word Usage and Definitions
§ 143-4. Word usage.
For the purposes of this chapter, certain phrases and words are herein defined as follows:
A. Words used in the present tense include the future; words used in the singular number
include the plural number and vice versa.
B. The word "used" includes "arranged, designed, constructed, altered, converted, rented,
leased or intended to be used."
C. The word "lot" includes the words "plot," "premises" and "tract."
D. The word "building" includes the word "structure" or "dwelling" or "residence."
143:8
§ 143-4 BUTLER CODE § 143-5
E. The word "shall" is mandatory and not discretionary. The term "may" indicates a
permissive action. Any relief from a mandatory requirement must be granted through
appropriate variance, exception or waiver procedure, as the case may be.
F. Terms not defined. Whenever a term is not defined in this chapter, it is intended to have
the meaning set forth in P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) or other applicable
statutes. In the event of conflict between the definition in this chapter and that contained
in said statute, the definition in said statute shall apply. Any word or term not defined
herein or in the statute shall be used with a meaning of standard usage.
G. Abbreviations. Certain statutory references used in this Ordinance are abbreviated with initials
and have the following meanings: c = Chapter; N.J.S.A. = New Jersey Statutes Annotated;
P.L. = Public Law; R.S. = Revised Statutes.
§ 143-5. Definitions.
As used in this chapter, terms below shall have the meanings indicated. The terms identified
with an asterisk (*) have specific reference to Article XIV, Stormwater Management, but may
also have application to other provisions of this ordinance.
ABSORPTION — The penetration of a substance into or through another, such as the
dissolving of a soluble gas in a liquid.
ACCESSORY BUILDING, STRUCTURE OR USE — A building, structure or use naturally
and normally incident and subordinate to the principal building, structure or use and located
on the same lot. An accessory building attached to the principal structure in a substantial
manner, common wall and/or roof shall be considered part of the principal building or
structure.
ACRE-FOOT — The volume of water that will cover one acre to a depth of one foot.
ACT — The Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975.
ACTUAL CONSTRUCTION — The placing of construction materials in permanent position
and fastened in a permanent manner, according to architectural and engineering design.
ADMINISTRATIVE OFFICER — The Secretary of the Planning Board, in the case of
application to such Board; the Secretary of the Board of Adjustment, in the case of application
or appeals to such Board; and the Clerk of the governing body, in the case of appeals to such
body, unless a different municipal official or officials are designated by this chapter.
ADULT BOOKSTORE — Any business or business operation which sells, distributes or
otherwise conveys any obscene materials described in the definition of "obscene" herein.
[Added 7-21-2007 by Ord. No. 2007-24]
AGRICULTURAL DEVELOPMENT — Land uses normally associated with the production
of food, fiber and livestock for sale. For purposes of this ordinance, such uses shall not
include the development of land for the processing or sale of food and the manufacture of
agriculturally related products.
143:9
§ 143-5 LAND USE § 143-5
ALLEY — A street, either private or Borough-owned, with a right-of-way not exceeding 30
feet in width and used primarily for vehicular service to properties fronting on local,
secondary or major streets.
ALTERATIONS OR ADDITIONS, STRUCTURAL — A change or rearrangement in the
structural parts, the means of egress, or an enlargement, whether by extending on a side or by
increasing in height of a building or structure, or to change the use of a structure on land or to
move a structure from one location or position to another.
ANNUAL FLOOD — The highest peak discharge which can be expected in any given year.
APARTMENT — A dwelling unit located on the floor of a building containing similar units
or other uses, adjoining said similar units or uses above, below or to the side, which units may
share in common facilities, such as entryways, hallways and utility systems.
APPLICANT — A person submitting an application for development or seeking other action
by a land use agency in the Borough, pursuant to this Ordinance.
APPLICATION FOR DEVELOPMENT — The application form and all accompanying
documents required by ordinance for approval of a subdivision plat, site plan, residential
cluster, conditional use, zoning variance, or any application made to the Board of Adjustment.
AQUIFER — An underground porous, water-bearing geological formation. The term is generally
restricted to materials capable of yielding an appreciable supply of water.
BASE FLOOD — Stream discharge derived from groundwater sources. Sometimes
considered to include flows from regulated lakes or reservoirs. Fluctuates much less than
storm runoff.
BASEMENT — A portion of the building partly underground but having less than 1/2 its
clear height below the average grade of the adjoining ground and having a floor-to-ceiling
height of not less than seven feet. (See "cellar.")
BERM — A narrow shelf or flat area that breaks the continuity of a slope.
BMPS (BEST MANAGEMENT PRACTICES) — Management practices that, based upon
currently available information, appear to have the greatest potential for controlling nonpoint
source pollution and managing stormwater.
BILLBOARD — A sign which directs attention to a business, commodity, service or
entertainment conducted, sold or offered at a location other than the premises on which the
sign is located.
BLOCK — A unit of land bounded by streets or by a combination of streets and public land,
railroad rights-of-way, waterways or any other barrier to the continuity to development.
BOROUGH — The Borough of Butler, Morris County, New Jersey.
BUFFER — An area of land within a lot which may be located within a setback area located
along a property line intended to visibly separate or screen the use and activities or block
noise, lights or other potential nuisances on the lot from adjoining property through the use of
natural vegetation, landscaping, berms, fences, walls, or any combination of same.
(See Appendix to Article II, Typical Buffer Area Diagram).
143:10
§ 143-5 BUTLER CODE § 143-5
BUILDING — Any structure or extension thereof or addition thereto having a roof supported by
such things as columns, posts, piers or walls and intended for the shelter, business, housing or
enclosing of persons, animals or property.
BUILDING COVERAGE — The square footage or other area measurement by which all
buildings occupy a lot, as measured on a horizontal plane around the periphery of the roof
drip line, and including the area under the roof of any structure supported by columns, but not
having walls, as measured around the outside of the outermost extremities of the roof drip line
above the columns.
BUILDING ENVELOPE — The area within a lot defined by the minimum front, rear and
side yard yards. (See Appendix to Article II, Yard Definition Diagrams).
BUILDING HEIGHT — The vertical distance measured from the average ground elevation
of the finished grade along any foundation wall of the building and at any uniform distances
within 10 feet of the foundation to the highest point of the building. Average ground elevation
is the average of the highest and lowest elevations of the finished grade along the foundation
wall at any uniform distance within 10 feet of the foundation.
CELLAR — A portion of the building partly underground, having 1/2 or more than 1/2 of its
clear height below the average grade of the adjoining ground or with a floor-to-ceiling height
of less than seven feet. (See "basement.")
CHANGE IN USE — The use of the building or land which is in any manner different from
the previous use by way of function, operation, extent, products sold or manufactured or the
like, including a change from one permitted use to another kind of permitted use in the same zone.
CHANNEL — A watercourse with a definite bed and banks which confine and conduct
continuously or intermittently flowing water.
CHANNEL STABILIZATION — Erosion preventing and stabilization of velocity
distribution in a channel using riprap, drops, revetments, vegetation, and other measures.
CHILD CARE CENTER — Any facility, by whatever name known, which is maintained for
the care, development and supervision of six or more children under six years of age who
attend the facility for less than 24 hours a day. This terms shall include, but shall not be
limited to, such programs as child care centers, day care centers, drop-in centers, day nursery
schools, play schools, cooperative child centers, centers for children with special needs,
infant-toddler programs, employment related centers, child care centers that have already received
approval from the Department of Human Services Licensing Act, and kindergartens that are
not an integral part of a private educational institutions or system offering elementary education
in grades kindergarten through sixth. The terms shall not include any facility excluded from
the definition of "Child Care Centers," in the Manual of Standards for Child Care Centers,
State of New Jersey, Department of Human Services.
CONVIENCE CENTER - This applies to those non-age restricted convenience stores that are part
of the “Limited service station with convenience center” use. Grocery selection is minimal and
foodservice is typically prepackaged sandwiches. Additional items offered for sale are milk, coffee,
soft drinks, bread, snacks ice cream, candy, gum, cigarettes, magazines, newspapers, paper
products, ATM, state lottery tickets, and similar type items.
143:11
§ 143-5 LAND USE § 143-5
CIRCULATION — The provision for the movement of goods, people, water and sewage or
power by means of streets, highways, railways waterways, airways, pipes, conduits or other means
and including facilities for transportation, transit and communication.
COMMON PROPERTY — A parcel or parcels of land or an area of water, or a combination
of land and water, together with the improvements thereon, designed and intended for the
ownership, use and enjoyment shared by the residents and owners of the development.
"Common property" may contain such complementary structures and improvements as are
necessary and appropriate for the benefit of the residents and owners of the development.
COMMUNITY RESIDENCES FOR THE DEVELOPMENTALLY DISABLED — Any
community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq. providing food,
shelter and personal guidance under such supervision as required, to more than six but not
more than 15 developmentally disabled or mentally ill persons who require assistance temporarily
or permanently in order to live in the community, and shall include but not be limited to; group
homes, halfway houses, intermediate care facilities, supervised apartment living arrangements,
and hostels.
COMMUNITY SHELTERS FOR VICTIMS OF DOMESTIC VIOLENCE — Any shelter
approved for a purchase of service contract and certified pursuant to standards and procedures
established by regulation of the Department of Human Services pursuant to N.J.S.A.
30-40-1.14 providing food, shelter, medical care, legal assistance, personal guidance and other
services to more than six but not more than 15 persons who have been victims of domestic
violence, including any children of such victims who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
COMPACTION — The increase in soil bulk density. [Added 11-20-2007 by Ord. No.
2007-29]
CONDITIONAL USE — A use permitted in a particular zoning district only upon a showing
that such use in a specified location will comply with the conditions and standards for the location
or operation of such use as contained in the zoning regulations and upon the issuance of an
authorization therefore by the Planning Board or the Board of Adjustment.
CONDOMINIUM — A form of ownership of real property under a master deed providing
for ownership by one or more owners of units of improvements, together with an undivided
interest in common elements appurtenant to each such unit.
CORE — A pedestrian-oriented area of commercial and civic uses serving the surrounding
municipality, generally including housing and access to public transportation. [Added
11-20-2007 by Ord. No. 2007-29]
CORNER LOT — (See LOT, CORNER).
COUNTY DRAINAGE FACILITY — Any drainage facility for which the County of Morris
is responsible in whole or in part.
COUNTY REVIEW AGENCY — An agency designated by the Morris County Board of Chosen
Freeholders to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be: A county planning agency; or A county water
resource association created under N.J.S.A 58:143A-55.5, if the ordinance or
143:12
§ 143-5 BUTLER CODE § 143-5
resolution delegates authority to approve, conditionally approve, or disapprove municipal
stormwater management plans and implementing ordinances. [Added 11-20-2007 by Ord.
No. 2007-29]
CURVE NUMBER (CN) — Usually abbreviated CN, also called Hydrologic Soil Center
Complex Number or Runoff Curve Number, is an index developed by the U.S. Department of
Agriculture Soil Conservation Service (SCS) that represents the combined hydrologic effect of
soil, land use, agricultural land treatment class, hydrologic condition, and antecedent soil moisture,
and is used in the estimation of the volume and rate of runoff from a watershed.
DAM (NJDEPE) — Any artificial dike, levee or other barrier together with appurtenant
works, which is constructed for the primary purpose of impounding water on a permanent or
temporary basis and that raises the water level five feet or more above its usual mean low
water height, prior to the construction of the dam, to the emergency spillway crest, or, in the
absence of an emergency spillway, the top of the dam. See also "Low Dam".
DEAD-END STREET — A street used primarily for access to abutting properties whose entrance
and exit is the same.
DELINEATED FLOODWAY — Any floodway designated by the State of New Jersey
Department of Environmental Protection and Energy under the provisions or the Flood Hazard
Area Control Act, N.J.S.A. 58:16A-50.
DELINEATED STREAM — A stream that has a delineated floodway that has been officially
adopted by the New Jersey Department of Environmental Protection and Energy and
published in the New Jersey Register.
DENSITY — The permitted number of dwelling units per gross area or unit of land to be
developed.
DEPARTMENT — The New Jersey Department of Environmental Protection. [Added
11-20-2007 by Ord. No. 2007-29]
DESIGNATED CENTER — A State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional, town, village, or
hamlet. [Added 11-20-2007 by Ord. No. 2007-29]
DESIGN ENGINEER — A person professionally qualified and duly licensed in New Jersey
to perform engineering services that may include, but not necessarily be limited to,
development of project requirements, creation and development of project design and
preparation of drawings and specifications. [Added 11-20-2007 by Ord. No. 2007-29]
DESIGN STORM — A selected rainfall pattern of specified amount, intensity, duration, and
frequency that is used as a basis for design.
DETENTION — Managing stormwater runoff flows through temporary holding and
controlled release.
DETENTION BASIN — A man-made or natural water collector facility designed to collect
surface water runoff in order to attenuate its flow and to gradually release same into natural or
man-made outlets. It can be an embankment and associated space for impoundment of water
143:13
§ 143-5 LAND USE § 143-5
or alternatively, the space for impoundment partially or entirely created by excavation rather
than by embankment, in either case designed to temporarily retain stormwater runoff.
DETENTION FACILITY — A detention basin or alternative structure designed to
temporarily retain stormwater runoff.
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. (See
APPLICANT).
DEVELOPMENT — Any man-made change to improved or unimproved real estate,
including but not limited to the division of a parcel of land into two or more parcels, the
construction, reconstruction, conversion, structural alteration, relocation or enlargement of any
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations located within the Borough of Butler.
DEVELOPMENT REGULATION — A zoning ordinance, subdivision ordinance, site plan
ordinance, official map ordinance or other municipal regulation of the use and development of
land or amendment thereto adopted and filed pursuant to this chapter.
DISCHARGE — Outflow; the flow of a stream, canal, or aquifer. One may also speak of the
discharge of a canal or stream into a lake, river, or ocean. (Hydraulics) Rate of flow,
specifically fluid flow; a volume of fluid passing a point per unit of time, commonly
expressed as cubic feet per second, cubic meters per second, gallons per minute, gallons per
day, or millions of gallons per day.
DISTRICT or ZONE — Any part of the territory of the Borough of Butler to which certain
uniform regulations and requirements apply.
DRAIN — A buried pipe or other conduit (closed drain). A ditch (open drain) for carrying
off surplus surface water or groundwater.
DRAINAGE — The removal of surface water or groundwater from land by drains, grading
or other means, including control of runoff to minimize erosion and sedimentation during and
after construction or development and facilities for water supply preservation or prevention or
alleviation of flooding.
DRAINAGE AREA — A geographic area within which stormwater, sediments, or dissolved
materials drain to a particular receiving waterbody or to a particular point along a receiving
waterbody. [Added 11-20-2007 by Ord. No. 2007-29]
DRAINAGE RIGHT-OF-WAY or DRAINAGE EASEMENT — The land or assignable
rights and restrictions to the land required for the installation and/or maintenance of
stormwater sewers, culverts, drainage ditches or swales, or that which required along a natural
stream or watercourse for preserving the channel and providing for the flow therein in order
to safeguard the public against flood damage, sedimentation or erosion, or for similar or
related storm drainage purposes, including requiring assignable rights and restrictions in
floodplain lands from upstream owners in order to facilitate the impoundment of water in the
floodplain.
143:14
§ 143-5 BUTLER CODE § 143-5
DWELLING or DWELLING UNIT — A room or series of connected rooms containing
living, cooking, sleeping and sanitary facilities intended as the residence of a family.
DWELLING, MULTIFAMILY — A building containing more than two dwelling units, such
as apartment and townhouse buildings.
DWELLING, ONE-FAMILY — A building containing one dwelling unit.
DWELLING, TWO-FAMILY — A building containing two dwelling units.
EMPOWERMENT NEIGHBORHOOD — A neighborhood designated by the Urban
Coordinating Council in consultation and conjunction with the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69. [Added 11-20-2007 by Ord. No. 2007-29]
ENVIRONMENTAL IMPACT STATEMENT — A detailed analysis of the environmental
consequences of a proposed development written in accordance with provisions of this
ordinance.
ENVIRONMENTALLY CONSTRAINED AREA — The following areas where the physical
alteration of the land is in some way restricted, either through regulation, easement, deed
restriction or ownership such as: wetlands, floodplains, threatened and endangered species
sites or designated habitats, and parks and preserves. Habitats of endangered or threatened
species are identified using the Department's Landscape Project as approved by the
Department's Endangered and Nongame Species Program. [Added 11-20-2007 by Ord. No.
2007-29]
ENVIRONMENTALLY SENSITIVE AREAS — An area or feature which is of significant
environmental value, including but not limited to: stream corridors; natural heritage priority
sites; habitat of endangered or threatened species; large areas of contiguous open space or
upland forest; steep slopes; and well head protection and groundwater recharge areas, the
Critical Water Resources Districts as depicted on the Borough Zoning Map, as regulated by
Section 143.28.050 and all other applicable municipal, county, state and federal regulations.
Habitats of endangered or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species Program.
[Added 11-20-2007 by Ord. No. 2007-29]
EROSION — The wearing away of the land surface or the detachment and movement of soil
or rock fragments by water, wind, ice or gravity; usually greatly accelerated by land
disturbing activities of man.
EXCAVATION — Removal or recovery by any means whatsoever of minerals, mineral
substances or organic substances, other than vegetation, from the water, land surface or
beneath the land surface, whether exposed or submerged. Normal agricultural activities shall
not be considered to be excavation.
EXCEPTION — An exemption from or a modification of the literal requirements of Part 3 of
this Chapter 143 pertaining to an improvement or a design standard.
EXTERIOR HYDRONIC HEATING SYSTEMS — Are Hydronic Heating Systems located
exterior to a Principle Building . [Added 8-18-2009 by Ord. No. 2009-10]
FAMILY — A person or any number of persons, having a permanent and stable relationship,
living together as a bona fide single nonprofit housekeeping unit with the intent of
maintaining the prevailing domestic environment.
143:15
§ 143-5 LAND USE § 143-5
FAR — See FLOOR AREA RATIO.
FENCE — A vertical structure erected as a barrier, enclosure or screening and extending or
suspended between posts or other supports. As used in this Chapter, the term "fence" shall include
the term "wall."
FILL — Sand, gravel, earth or other materials of equal quality placed or deposited within the
one-hundred-year floodplain or flood hazard area so as to form an embankment or raise the
elevation of the land surface.
FINAL APPROVAL — The official action of the municipal agency taken on a preliminarily
approved major subdivision or site plan after all conditions, engineering plans and other
requirements have been completed or fulfilled and the required improvements have been
installed or guaranties properly posted for their completion, or approval conditioned upon the
posting of such guaranties.
FINAL PLAT — The final map of all or a portion of the subdivision which is presented for
final approval in accordance with these regulations and which, if approved, shall be filed with
the proper county recording officer.
FIRST FLOOR AREA — The residential portion of a dwelling unit, excluding, basements,
garages, porches, terraces, hallways, stairwells, elevator shafts, sanitary facilities, storage areas
and breezeways, measured by using the outside dimensions of the residential portion of the
building. For a split level, bi-level, or tri-level dwelling, the area shall be considered to be the sum
of the areas of two adjoining levels, excluding basements and garages, provided that both levels
are connected by permanent, built-in stairs in the interior of the building.
FLOOD or FLOODING — A general and temporary condition of partial or complete
inundation of a normally dry area from:
A. The overflow of inland or tidal waters and/or
B. The rapid accumulation of runoff of surface waters from any source.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) — The official map on which the
Federal Emergency Management Agency, Federal Insurance Administration has delineated the
floodway and one-hundred-year floodplain applicable to the municipality.
FLOOD FRINGE — That portion of the flood hazard area not designated as the floodway.
FLOOD HAZARD AREA — Means the floodway and flood fringe areas as determined by
the Department of Environmental Protection and Energy under Section 3 of the Flood Hazard
Area Control Act (P.L. 1979, c. 359).
FLOOD HAZARD AREA DESIGN FLOOD — The one-hundred-year storm in
non-delineated areas and the one-hundred-year storm plus 25% in the delineated areas.
FLOOD INSURANCE RATE MAP (FIRM) — The official map on which the Federal
Emergency Management Agency, Federal Insurance Administration has delineated both the
special flood hazard areas and the risk premium zones applicable to the municipality.
143:16
§ 143-5 BUTLER CODE § 143-5
FLOOD INSURANCE STUDY — The official report in which the Federal Emergency
Management Agency, Federal Insurance Administration has provided flood profiles, as well as
the Flood Boundary and Floodway Map and the water surface elevation of the base flood.
FLOOD LEVEL — The elevation indicated on the flood map.
FLOODPLAIN — The relatively flat area adjoining the channel of a natural stream which
has been or may be hereafter covered by flood water. Flood hazard areas of delineated
streams and areas inundated by the one-hundred-year flood in non-delineated areas.
FLOODWAY — The channel of a natural stream or other watercourse and portions of the
adjacent land areas which are reasonably required and must be reserved to carry and discharge
the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
FLOOR AREA — The area measured by using the outside dimensions of the building, excluding
the area of a garage, attic, open porch or patio. Only those floor areas which have a ceiling height
of seven feet or more and those areas used for storage space in nonresidential uses shall be
included in the "floor area." The "floor area" of a townhouse, apartment or other attached
structure shall be measured from the center of interior walls and the outside of exterior
walls.
FLOOR AREA RATIO — The ratio of gross floor area of all buildings on a lot to the lot
area.
FREQUENCY OF STORM (DESIGN STORM FREQUENCY) — The anticipated period in
years that will elapse, based on average probability of storms in the design region, before a
storm of a given intensity and/or total volume will recur; thus a ten-year storm can be
expected to occur on the average once every 10 years. Sewers designed to handle flows which
occur under such storm conditions would be expected to be surcharged by any storm of
greater intensity.
FRESHWATER WETLANDS — An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and that under normal
circumstances does support, a prevalence of vegetation typically adapted for life in saturated
soil conditions, commonly known as hydrophytic vegetation; provided, however, that the
Department of Environmental Protection and Energy, in a designated wetland, shall use the
three parameter approach (that is hydrology, soils and vegetation) enumerated in the April 1,
1987 interim-final draft "Wetland Identification and Delineation Manual" developed by the
United States Environmental Protection Agency, and any subsequent amendments thereto.
GARAGE, PRIVATE — An accessory building or structure or portion of a main building or
structure only for the parking of vehicles, including but not limited to boats, construction
equipment, recreational vehicles, quads, motorcycles, etc., of the occupants of the principal use,
building or structure on the lot. A private garage as defined must meet the design criteria of the
principle use and may not be constructed of cloth, canvas, plastic vinyl or any similar type
material. [Amended 6-16-2015 by Ord. No. 2015-12]
143:17
§ 143-5 LAND USE § 143-5
GARAGE, PUBLIC — A building or part thereof, other than a private garage, used for the
storage, care or repair of motor vehicles customarily used for private transportation, local
school buses and commercial vehicles.
GROUNDWATER TABLE — The free surface of the groundwater, that surface subject to
atmospheric pressure under the ground, generally rising and falling with the season, the rate of
withdrawal, the rate of restoration, and other conditions. It is seldom static.
HEAD SHOP - is a retailer specializing in paraphernalia used for consumption of cannabis and tobacco
and items related to cannabis culture and related countercultures. Products sold may include
magazines, clothing, posters, wall hangings, hashish pipes, bongs, roach clips, rolling papers. Cannot
be combined with a Smoke Shop.
HEALTH-CARE FACILITIES — Institutions containing beds for four or more patients
where the sick or injured are given medical or surgical care limited to the diagnosis and treatment
of human beings only. For purposes of this chapter, "health-care facilities" are limited to
hospitals, rest homes, nursing homes and convalescent homes.
HEIGHT OF BUILDING — (See BUILDING HEIGHT).
HOME OCCUPATION — Commercial endeavors that are located on the same lot as a residential
dwelling and are compatible with the property and neighborhood in which they are located.
HOMEOWNERS' ASSOCIATION — An incorporated, nonprofit organization operating in a
cluster single-family residential development under recorded land agreements through which:
A.
Each lot owner is automatically a member.
B.
Each occupied dwelling unit is automatically subject to a charge for a proportionate
share of the expenses for the organizations' activities and maintenance,
including any maintenance costs levied against the association by the Borough.
C.
Each owner and tenant has the right to use the common property.
HOT TUB — A plumbing fixture which can be located both inside or outside a residential
dwelling capable of accommodating several persons at the same time and having water circulating
or aerating equipment and having an operational water surface area no greater than
64 square feet.
HOUSING, SENIOR CITIZEN — (See SENIOR CITIZEN HOUSING).
IMPERVIOUS SURFACE — A surface that has been covered with a layer of material so that
it is highly resistant to infiltration by water. [Added 11-20-2007 by Ord. No. 2007-29]
INDUSTRIAL PARK — An area wherein one or more buildings are erected for industrial
purposes in relation to one another as part of an integrated and comprehensively planned total unit,
whether or not the buildings are erected simultaneously or over a period of time.
143:18
§ 143-5 BUTLER CODE § 143-5
INFILTRATION — The process by which water seeps into the soil from precipitation.
[Added 11-20-2007 by Ord. No. 2007-29]
INFILTRATION BASIN — A detention facility designed to infiltrate retained water to the
subsurface and which is not an injection well.
INSTITUTIONAL USE — A nonprofit or quasi-public use or institution such as a church, library,
public, or private school, hospital or municipally owned or operated building, structure or land used
for public purposes.
INVERT — The lowest point of the inside of a sewer or other conduit; as opposed to the
"crown" which is the highest point of the inside of a sewer.
KENNEL — A commercial establishment in which dogs, or domesticated animals are
housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.
LAND — Includes improvements and fixtures on, above or below the surface.
LOADING SPACE — An off-street space or berth on the same lot with a building or group of
buildings for the temporary parking of a commercial vehicle while loading or unloading.
LOT — A designated parcel, tract or area of land established by a plat or otherwise as
permitted by law, and to be used, developed or built upon as a unit, except that, for purposes of
this chapter, contiguous undersized lots under one ownership shall be considered one lot, and
except further that no portion of a street shall be included in calculating the lot boundaries or areas.
LOT AREA — The area contained with the lot lines of a lot, but shall not include any
portion of a street right-of-way.
LOT, CORNER — A lot on the junction of an abutting two or more intersecting streets
where the interior angle of intersection does not exceed 135°.
LOT COVERAGE — (See BUILDING COVERAGE).
LOT DEPTH — The shortest horizontal distance between the front lot line and a line drawn
parallel to the front lot line through the midpoint of the rear lot line.
LOT FRONTAGE — The horizontal distance between the side lot lines measured along the
street line.
LOT, INTERIOR — A lot other than a corner lot.
LOT LINE — Any line forming a portion of the exterior boundary of a lot and the same line as
the street line for that portion of a lot abutting a street.
LOT WIDTH — The straight and horizontal distance between side lot lines at setback points on
each side lot line measured an equal distance back from the street line. The minimum lot width shall
be measured at the minimum required building setback line.
LOW DAM (NJDEPE) — A dam which will not raise the water level of a stream or river by more
than five feet above its usual mean low water height.
143:19
§ 143-5 BUTLER CODE § 143-5
LOW INCOME — Total gross household income equal to 50% or less of the median
household income for households of the same size and using the median income date for household
size prepared by the United States Department of Housing and Urban Development (HUD) or
equally reliable source for the region which includes Butler.
MAINTENANCE GUARANTY — Any security, other than cash, which may be accepted for
the maintenance of any improvements required by this chapter.
MAJOR DEVELOPMENT — That, in addition to the definition of development in the
Municipal Land Use Law, N.J.S.A. 40:55D-4, the activity must satisfy 1 or 2 below:
A. Any site plan or subdivision plan that will ultimately cover land with one or more acres of
additional impervious surfaces;
B. Any construction of one or more of the following uses:
(1) Feeding and holding areas that provide for more than 100 head of cattle or 15,000
hens, 500 swine, 4,000 turkeys, 10,000 ducks; this section shall also apply to all
other equivalent numbers of animal units as determined by the SCS Agricultural
Waste Management Field Manual for measuring BOD (biochemical oxygen
demand) producing potential;
(2)
Pipelines, storage or distribution systems for petroleum products or chemicals;
(3)
Storage, distribution or treatment facilities (excluding individual on-site sewage
disposal systems) for liquid waste;
(4)
Solid waste storage, disposition, incineration or landfill;
(5)
Quarries, mines or borrow pits;
(6)
Storage, distribution or treatment facilities for radioactive waste.
MAJOR DEVELOPMENT – STORMWATER PURPOSES — Any "development" that
provides for ultimately disturbing one or more acres of land or increasing impervious surface
by one-quarter acre or more. Disturbance for the purpose of this rule is the placement of
impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or
removing of vegetation. Projects undertaken by any government agency which otherwise meet the
definition of "major development" but which do not require approval under the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq. are also considered "major development." [Added
11-20-2007 by Ord. No. 2007-29]
MAJOR SITE PLAN — All site plans that do not fall within the definition of "minor site
plan" or "exempt site plan" as determined by the definition herein and the Planning Board.
MAJOR SUBDIVISION — Any subdivision not classified as a minor subdivision.
MASTER PLAN — A composite of one or more written or graphic proposals for the
development of the municipality as adopted pursuant to law.
MINIMUM LIVING FLOOR AREA — The number of square feet, as measured from the
exterior of an apartment, including all walls, toilets, closets, etc.
143:20
§ 143-5 BUTLER CODE § 143-5
MINOR SITE PLAN — A development plan of not more than one lot, conforming to the
requirements of the Butler zoning regulations, having a maximum land area of 20,000 square feet,
a maximum land coverage for principal building of 15,000 square feet, an off-street parking
requirement of not more than 12 spaces, nor involving any variance, planned development, new
street, or extension of any off-tract improvement which is to be prorated pursuant to Section 30
of the Municipal Land Use Act.
MINOR SUBDIVISION — Any subdivision containing not more than three lots fronting on
an existing, accepted street or on a private street approved by the Planning Board or otherwise
approved by the Mayor and Council for purposes of issuing construction permits, nor
involving any new street or the extension of any municipal facilities or the extension of any
off-tract improvement, the cost of which is to be prorated pursuant to Section 30 of N.J.S.A.
40:55D-42.
MODERATE INCOME — Total gross household income equal to more than 50% but less
than 80% of the median household income for households of the same size for the region
which includes Butler, using the median income data for household size prepared by HUD or
equally reliable source.
MUNICIPAL AGENCY — The Municipal Planning Board or Board of Adjustment or
governing body of the Borough when acting pursuant to this chapter.
MUNICIPALITY — Any city, township, town, borough or village. [Added 11-20-2007 by
Ord. No. 2007-29]
NODE — An area designated by the State Planning Commission concentrating facilities and
activities which are not organized in a compact form. [Added 11-20-2007 by Ord. No.
2007-29]
NONCONFORMING LOT — A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to
the requirements of the zoning district in which it is located by reason of such adoption,
revision or amendment.
NONCONFORMING STRUCTURE — A structure the size, dimension or location of which
was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which
fails to conform to the requirements of the zoning district in which it is located by reason of
such adoption, revision or amendment.
NONCONFORMING USE — A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform to the requirements
of the zoning district in which it is located by reason of such adoption, revision or
amendment.
NONPOINT SOURCE POLLUTION — Pollution from any source other than from any
discernible, confined and discrete conveyances, and shall include, but not be limited to,
pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban
runoff sources.
143:21
§ 143-5 BUTLER CODE § 143-5
NUISANCE — An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or
source of annoyance, especially a continuing or repeating invasion or disturbance of another’s
rights; including the actual or potential emanation of any physical characteristics, activity or
use across a property line, which can be perceived by or affect a human being of ordinary
sensibility.
NURSING HOME — A facility, licensed by the New Jersey Department of Health as a
long-term care facility, in which full-time convalescent or chronic care is provided to
individuals, who, by reason of advanced age, chronic illness or infirmity, are unable to care
for themselves.
NUTRIENT — A chemical element or compound, such as nitrogen or phosphorus, which is
essential to and promotes the development of organisms. [Added 11-20-2007 by Ord. No.
2007-29]
OBSCENE — That which to the average person applying contemporary community
standards, when considered as a whole, has as its dominant theme or purpose an appeal to an
inordinate interest in sex. Any magazine, picture, drawing, photograph or other publication
and any mechanical or electronic gadget, implement or device designed to sexually stimulate shall
be obscene within the meaning of this article, if it is established that: [Added
7-21-2007 by Ord. No. 2007-24]
D. The dominant theme of the material taken as a whole appeals to
inordinate sexual interest;
E. The material is patently offensive because it affronts contemporary community
standards relating to the description or representation of sexual matters; and
F. The material is utterly without redeeming social value or the work taken as a
whole lacks serious artistic, literary, political or scientific value.
OFFICIAL COUNTY MAP — The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen Freeholders.
OFFICIAL MAP — A map adopted in accordance with N.J.S.A. 40:55D-32 et seq., or any
prior act authorizing such adoption. Such map shall be deemed to be conclusive with respect
to the location and width of the street and public drainage ways and the location and extent of
flood control baseline and public areas.
OFFICIAL SOILS MAP — The individual map sheets that are part of the Morris County
Soil Survey of the National Cooperative Soil Survey of the Soil Conservation Service
U.S.D.A., published by the County Soil Conservation District.
OFF-SITE — Located outside the lot lines of the lot in question but within the property (of
which the lot is a part) which is the subject of a development application or contiguous
portion of a street or right-of-way.
OFF TRACT — Not located on the property which is the subject of a development
application nor on a contiguous portion of a street right-of-way.
ONE-HUNDRED-YEAR FLOODPLAIN — The area inundated by the one-hundred-year
flood. A one-hundred-year flood is estimated to have a 1% chance in 100 of being equaled or
exceeded in any one year.
143:22
§ 143-5 BUTLER CODE § 143-5
ON-SITE — Located on the lot in question.
ON-TRACT — Located on the property which is the subject of a development application or
on a contiguous portion of a street right-of-way.
OPEN DRAIN — Natural watercourse or constructed open channel that conveys drainage
water.
OPEN SPACE — Any parcel or area of land or water essentially unimproved and set aside,
dedicated, designated or reserved for public or private use or enjoyment or for the use and
enjoyment of owners and occupants of land adjoining or neighboring such "open space," provided
that such areas may be improved with only those buildings, structures, streets and off-street
parking and other improvements that are designed to be incidental to the natural openness of the
land.
Electronic Smoking Device - an electronic device that can be used to deliver an inhaled dose of
nicotine, or other substances including any component, part, or accessory of such a device,
whether or not sold separately. “Electronic smoking device "includes any such device, whether
manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an
electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or
descriptor.
Retail Vaping and Smoking Establishment - a location at which a business entity has been licensed
to sell smoking devices and paraphernalia as an ancillary sale.
Vape Shop - any premises dedicated as a principal business to display, sale, distribution, delivery,
offering, furnishing, or marketing of electronic smoking devices, liquid nicotine containers or
vapor
product
as
defined
by
N.J.S.A.
26:3D-57,N.J.S.A.
2A:170-51.9(a)(2),
N.J.S.A.2A:17051.9(a)(3) and N.J.S.A. 2A:170-51.9(a)(4), including an area for vaping. An "area
for vaping" shall mean inhaling or exhaling smoke or vapor from any electronic smoking device.
Vapor - a retail business that derives more than 50% of its sales from electronic smoking devices,
related accessories, and liquid nicotine.
Container e-liquid - a container of liquid nicotine (i.e., e-liquid bottle) or other liquid sold,
marketed, or intended for use to fill or refill an electronic smoking device. Does not apply to
prefilled cartridges or other canisters sold, marketed, or
intended for use as part of electronic smoking device.
Vehicle, Recreational - A vehicular type of portable structure which may be towed, hauled or
driven and which is primarily designed as a temporary living accommodation for recreational
camping and travel, including, but not limited to travel trailers, truck campers, camping trailers
and self-propelled motor homes. For purposes of regulating boats, ATV’S, snow mobiles, and
similar equipment, including the trailers used to transport the same shall also be included.
Recreational vehicles shall not exceed a bumper-to-bumper length of 36 feet (including trailer) or
a height (including trailer) of 10 feet measured to the top of the roof.
143:23
§ 143-5 BUTLER CODE § 143-5
OUTFALL — The point, location, or structure where wastewater or drainage discharge from
a sewer to a receiving body of water.
OUTLET — Point of water disposal from a stream, river, lake, tidewater, or artificial drain.
OWNER — An individual, firm, association, syndicate, co-partnership or corporation having
sufficient proprietary interest to seek or authorize development of land under this ordinance.
PARKING AREA — An open area, other than a street or other public way, used for the
parking of motor vehicles and available for public use, whether for a fee or as a service or privilege
for clients, customers, suppliers or residents. A "parking area" shall include access drives and
aisles.
PARKING SPACE — An accommodation for the off-street parking of a motor vehicle,
having an area, exclusive of access drives and aisles, as specified in this chapter.
PATIO — A level surfaced area, whether freestanding or directly adjacent to a principal building,
at or within six inches of the finished grade, and not covered by a permanent roof. Such areas
shall be constructed of either gravel or decorative stone, brick, brick pavers, flagstone,
concrete or similar material. Any area constructed of wood, or similar material, shall be
considered a deck.
PERCOLATION TEST — A determination of the rate of percolation or seepage of water through
natural soils expressed as time in minutes for a one inch fall of water in test hole.
PERFORMANCE GUARANTY — Any security, including cash, which may be accepted for
the satisfactory completion of any improvements.
PERMEABILITY — The quality that enables the soil to transmit water on air, measured as
the number of inches per hour that water moves through the soil. Terms describing
permeability are very slow (less than 0.06 inch), slow (0.06 to 0.20 inch), moderately rapid
(2.0 to 6.0 inches), rapid (6.0 to 20 inches), and very rapid (more than 20 inches).
PERMITTED USE — Any use of land or buildings as permitted by this chapter. PERSON
— Any natural individual, firm, trust, partnership, association or corporation. PLANNING
BOARD — The municipal planning board established pursuant to this chapter. PLAT — A
map or maps of a subdivision or site plan.
POLLUTANT — Any dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological
materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction
waste or runoff, or other residue discharged directly or indirectly to the land, ground waters
or surface waters of the State, or to a domestic treatment works. Pollutant includes both
hazardous and nonhazardous pollutants. [Added 11-20-2007 by Ord. No.
2007-29]
143:24
§ 143-5 LAND USE § 143-5
PORCH — A roofed open area directly attached by a common wall to the principal building
and with direct accessed to or from such building. For purposes of regulating setback, porches
shall be considered as part of the principal building.
PRELIMINARY APPROVAL — The conferral of certain rights pursuant to N.J.S.A.
40:55D-46, 48 and 49 prior to final approval after specific elements of a development plan
have been agreed upon by the municipal agency and the applicant.
PREMISES — One or more contiguous parcels of property in single ownership, including
the buildings thereon. Parcels shall not be deemed to be contiguous if separated by a road, railroad,
right-of-way, brook, stream or other natural division.
PRINCIPAL BUILDING OR STRUCTURE — A building or structure arranged, adopted or
designed for the predominant or primary use for which a lot may be dedicated.
PRINCIPAL USE — The main purpose for which a lot or building is used.
PROFESSIONAL OFFICE — The office of a physician, surgeon, dentist, minister, architect,
engineer, surveyor, attorney, optometrist, accountant, veterinarian, planner or similar
professional person.
PUBLIC AREA —
A. Public parks, playgrounds, trails, paths and other recreational areas.
B. Other public open spaces.
C. Scenic and historic sites.
D. Sites for schools and other public buildings and structures.
PUBLIC DRAINAGE WAY — The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or watercourse for preserving
the channel and providing for the flow of water to safeguard the public against flood damage,
sedimentation and erosion.
PUBLIC OPEN SPACE — An open space area conveyed or otherwise dedicated to a
municipality, municipal agency, board of education, state or county agency or other public
body for recreational or conservation uses.
PUBLIC PURPOSE USE — The use of land or buildings by the governing body of the
Borough or any officially created authority or agency thereof.
RAINFALL INTENSITY — The rate at which rain is falling at any given instant, usually
expressed in inches per hour.
RATIONAL METHOD — A means of computing storm drainage flow rates (Q) by use of
the formula Q=CIA, where C is a coefficient describing the physical drainage area, I is the rainfall
intensity and A is the area.
RECHARGE — Replenishment of groundwater reservoirs by infiltration and transmission
from the outcrop of an aquifer or from permeable soil.
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§ 143-5 BUTLER CODE § 143-5
RECHARGE BASIN — A basin provided to increase infiltration for the purpose of
replenishing groundwater supply.
REPAIR — The construction or renewal of any part of an existing building for the purpose
of its maintenance.
RESIDENTIAL DENSITY — The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of a development.
RESTAURANT — Any establishment, however designated, at which food is sold for
consumption on the premises, excluding a snack bar or refreshment stand at a public or community
swimming pool, playground, golf course, playfield or park, operated solely by the agency or group
operating the recreational facility and for the convenience of patrons of the facility.
RESTAURANT, DRIVE-IN — Any fast food restaurant which also provides drive-in
facilities which allow customers to be served directly from the building without leaving their
automobiles.
RESTAURANT, FAST-FOOD — A business or establishment principally engaged in the
over-the-counter and/or drive-thru sale of food, soft drinks, ice cream and/or similar
confections which are offered primarily from a limited, standardized menu of quickly
prepared or pre-prepared foods and are so prepared and packaged in paper or other types of
disposable wrappers or containers, and served at counters or tables, either inside or outside the
confines of a building or motor vehicles, and intended for the immediate consumption either
within the building or in motor vehicles while parked on the premises or elsewhere off-site.
RESUBDIVISION — The further division or relocation of lot lines of any lot or lots within a
subdivision previously made and approved or recorded according to law, or the alteration of
any streets or the establishment of any new streets within any subdivision previously made
and approved or recorded according to law, but does not include conveyances so as to
combine existing lots by deed or other instrument.
RIPRAP — Broken rock, cobbles, or boulders placed on earth surfaces, such as the face of a
dam or the bank of a stream, for protection against the action of water (waves). Also applied
to brush or pole mattresses, brush and stone, or other similar materials used for soil erosion
control.
ROOF LEADER — A drain or pipe that conducts stormwater from the roof of a structure,
downward and thence into a sewer for removal from the property, or onto the ground for
runoff or seepage disposal.
RUNOFF (VOLUME) — That amount or portion of precipitation that flows from a drainage
area on the land surface, in open channels or in stormwater conveyance systems, usually expressed
in cubic feet, acre feet or gallons.
RUNOFF RATE — The volume rate of movement or quantity of stormwater flowing past a
given point with respect to time, expressed in cubic feet per second or gallons per minute.
SCHOOL — Any nonprofit educational facility, including private schools, nursery schools,
day-care facilities, elementary schools and high schools.
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SEDIMENT — Solid material, both mineral and organic, that is in suspension, is being
transported, or has been moved from its site of origin by air, water, gravity, or ice and has
come to rest on the earth's surface either above or below sea level.
SEDIMENTATION — The process of deposition of suspended matter carried by water, air,
gravity, or ice. Accelerated sedimentation rates can destroy water-dwelling organisms and
adversely effect water quality.
SEEPAGE PIT/SEEPAGE TRENCH — Concrete, plastic or other material pits or structures
or an area of excavated earth filled with loose stone or similar material and into which surface
water is directed for infiltration into the ground.
SENIOR CITIZEN HOUSING — Housing as constructed and available to persons or couples
at least 62 years of age and over.
SERVICE STATION — Lands and buildings providing for the sale of typical merchandise,
including fuel, lubricants and automotive accessories. Maintenance and repairs for motor
vehicles may be provided, but no body repairs or painting or the storage of inoperable or
wrecked vehicles shall be permitted.
SERVICE STATION, LIMITED — Land and buildings providing for the sale of automotive
fuel, lubricant and accessories. Maintenance, repairs and accessory installations for motor vehicles
are specifically prohibited.
SETBACK LINE — A line drawn parallel to a street line or lot line and drawn through the
point of a building nearest to the street line or lot line. The term "required setback" means a
line that is established a minimum parallel distance from the street line or the lot line and
beyond which the building or part of a building is not permitted to extend toward the street
line or lot line.
SHOP, RETAIL — A building or part thereof, in which or from which a service is rendered
directly to the ultimate consumer.
SITE — The lot or lots upon which development is to occur or has occurred. [Added
11-20-2007 by Ord. No. 2007-29]
SIGHT TRIANGLE — A triangular area bounded by the intersecting center lines of two
intersecting streets and a straight line which connects sight points, located on each of the
intersecting street center lines at specified distances from the intersecting street center lines
and intended for the purpose of providing sight distances for vehicular and pedestrian traffic.
SIGN — Any announcement, declaration, demonstration, billboard display, illustration or
insignia used to promote or advertise the interests of any person, group of persons, company,
corporation, service or product when the same is placed, erected, attached, painted or printed
where it may be viewed from the outside of any structure on the premises were placed
including flags and pennants.
SIGN, AREA OF — The product of the largest horizontal width and the largest vertical
height of the lettering, illustration, display or background. This shall not be construed to
include the supporting members of any sign which are used solely for such purpose. If the
letter, illustration, display or background is attached directly to the face of a building, the
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§ 143-5 BUTLER CODE § 143-5
height or width of the sign shall be the height or width or the largest letter, illustration,
display or background, whichever is the greater. For signs with two display faces, the
maximum area requirement shall be permitted on each side.
SIGN, BILLBOARD — A sign that directs attention to a business, commodity, service, or
entertainment conducted, sold, or offered at a location other than the premises on which the
sign is located. Billboard signs may either be freestanding or wall mounted, and shall not
exceed 250 square feet.
SIGN, FREESTANDING — Any sign supported by uprights or braces placed upon or in the
ground and not attached to any building.
SINGLE OWNERSHIP — Ownership by one person or by two or more persons, whether
jointly as tenants by the entirety or as tenants in common, of a separate parcel of real property
not adjacent to land in the same ownership.
SITE PLAN — A development plan of one or more lots on which is shown the existing and
proposed conditions of the lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility
services, landscaping, structures and signs, lighting and screening devices; and any other
information that may be reasonably required in order to make an informed determination pursuant
to this chapter.
SOIL — Any earth, sand, clay, loam, gravel, humus, rock or dirt, and include both surface or
topsoil and subsoil.
SOIL PERMIT, MAJOR — A permit for the moving of soil either to or from a property,
wherein the aggregate amount of soil exceeds 500 cubic yards.
SOIL PERMIT, MINOR — A permit for the moving of soil either to or from a property,
wherein the aggregate amount of soil is less than 500 cubic yards.
SPA — See Hot Tub.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1) — An area delineated on the State Plan Policy Map and adopted by the State
Planning Commission that is intended to be the focus for much of the state's future
redevelopment and revitalization efforts. [Added 11-20-2007 by Ord. No. 2007-29]
STATE PLAN POLICY MAP — The geographic application of the State Development and
Redevelopment Plan's goals and statewide policies, and the official map of these goals and
policies. [Added 11-20-2007 by Ord. No. 2007-29]
STORAGE SHED, PRIVATE — An accessory building or structure only for the storage of
tools, implements, appliances and other items incidental to the care and upkeep of the
dwelling unit or structure on the lot. Such sheds shall be firmly anchored to the ground to
keep the building stationary and intact and shall be limited in size by the accessory building
requirements of the individual districts.
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§ 143-5 LAND USE § 143-5
STORE, RETAIL — A building or part thereof in which or from which merchandise is sold
at retail directly to the ultimate consumer.
STORM FREQUENCY — The time interval between major storms of predetermined
intensity and volume, e.g., a five-, ten-, or twenty-year storm. This storm is the highest
intensity which can occur during the specified time interval.
STORM SEWER — A system of pipes or other conduits that carries intercepted stormwater
and surface water, street wash and other wash waters or drainage, but excludes domestic
sewage and industrial wastes. Also called a "storm drain".
STORMWATER — Water resulting from precipitation (including rain and snow) that runs
off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers
or other sewage or drainage facilities, or conveyed by snow removal equipment. [Added
11-20-2007 by Ord. No. 2007-29]
STORMWATER RUNOFF — Surface runoff or flow on the surfaces of roofs, streets,
grounds, etc., resulting from precipitation, which is not absorbed or retained by that surface,
but collects and runs off.
STORY — That portion of a building included between the surface of any floor and the
surface of the next floor above it, or, if there is no floor above it, then the space between the
floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof
shall not be considered a ceiling. A "half story" is the area under a pitched roof at the top of a
building, the floor of which is at least four feet, but no more than six feet, below the plate.
STREAM ENCROACHMENT PERMIT — A permit issued by the NJDEPE or delegated agency
under the provisions of N.J.S.A. 58:16A-50 et seq. and N.J.A.C. 7:13.
STREET — Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way
which is an existing state, county or municipal roadway or a street or way shown upon a plat
heretofore approved pursuant to law or approved by official action pursuant to the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq., as amended) or a street or way on a plat duly filed and
recorded in the office of the county recording officer prior to the appointment of a
Planning Board and the grant to such Board of the power to review plats, and includes the
land between the street lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, sidewalks, parking areas and other areas within the street lines.
Smoke Shop - also called a tobacco shop or a tobacconist, is a retailer of tobacco products in various
forms and the related accoutrements, such as pipes, lighters, matches, pipe cleaners, pipe tampers.
More specialized retailers might sell ashtrays, humidification devices, hygrometers, humidors,
cigar cutters. Cannot be combined with a Head Shop.
Sale - every delivery of smoking devices and paraphernalia, whether the same is by direct sale or
the solicitation or acceptance of an order, including the exchange, barter, traffic in, keeping and
exposing for sale, displaying for sale, delivering for value,
peddling and possessing with intent to sell.
Smoking Device Paraphernalia - cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers,
electronic smoking device batteries, electronic smoking device chargers, bongs, pipes, and any
other item specifically designed for the preparation, charging, or use of electronic smoking devices.
This definition does not apply to tobacco products and products intended for use with tobacco such
as rolling papers.
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§ 143-5 BUTLER CODE § 143-5
STREET LINE — The edge of the existing or future street right-of-way, whichever would
result in the widest right-of-way, as shown on the adopted Master Plan or Official Map
forming the dividing line between the street and a lot.
STRUCTURE — Anything constructed, assembled or erected which requires location on the
ground or attachment to something having such location on the ground, including buildings,
fences, tanks, towers, signs, advertising devices, swimming pools and tennis courts.
STRUCTURE HEIGHT — Same as "building height."
SUBDIVISION — The division of a lot, tract or parcel of land into two or more lots, tracts,
parcels or other divisions of land for sale or development. The following shall not be
considered "subdivisions" within the meaning of this chapter if no streets are created: division
of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman
to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions
of property by testamentary or interstate provisions; divisions of property upon court order,
including but not limited to judgments of foreclosure; consolidation of existing lots by deed
or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found and certified by the
Administrative Officer to conform to the requirements of the development regulations of the
Borough of Butler and are shown and designated as separate lots, tracts or parcels on the tax map
or atlas of the Borough of Butler. The term "subdivision" shall also include the term
"resubdivision."
SURCHARGE — The flow condition occurring in closed conduits when hydraulic grade line
is above the crown of the sewer.
SWALE — An elongated depression in the land surface that is at least seasonally wet, is
usually heavily vegetated, and is normally without flowing water. Swales conduct stormwater
into primary drainage channels and provide some groundwater recharge.
SWIMMING POOL, PRIVATE RESIDENTIAL — Includes artificially constructed pools,
whether located above or below the ground, having a depth of more than 24 inches and/or a water
surface of 250 square feet or more, and/or requires water filtration, circulation and purification;
designed and maintained for swimming and bathing purposes by an individual for use by members
of his household and guests and which is located on a lot as an accessory use and shall include all
buildings, structures, equipment and appurtenances thereto.
TIME OF CONCENTRATION — The time period necessary for surface runoff to reach the
outlet of a sub-basin from the hydraulically most remote point in the tributary drainage area.
TOWNHOUSE — A one-family dwelling attached by a common wall between it and the
adjacent unit or units extending from the basement to the roof together with individual front
and rear entrances and yards designed as an integral part of each unit.
TRACT — An area of land composed of one or more lots adjacent to one another, having
sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter
for the use(s) intended. The original land area may be divided by one existing public street and
still be considered one "tract," provided that the street is not an arterial road and that a linear
distance equal to more than 75% of the frontage of the side of the street having
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§ 143-5 LAND USE § 143-5
the larger street frontage lies opposite an equivalent linear distance of street frontage on the
other side of the street.
TRAVEL TIME — The sum of the time intervals for overland flow, sewer or gutter flow,
and pipe and channel flow from the hydraulically most remote point in the drainage area to
the discharge point of interest.
URBAN COORDINATING COUNCIL EMPOWERMENT
NEIGHBORHOOD —
Neighborhood given priority access to State resources through the New Jersey Redevelopment
Authority. [Added 11-20-2007 by Ord. No. 2007-29]
URBAN ENTERPRISE ZONE — A zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et
seq. [Added 11-20-2007 by Ord. No. 2007-29]
URBAN REDEVELOPMENT AREA — Previously developed portions of areas: [Added
11-20-2007 by Ord. No. 2007-29]
A. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area
(PA1), Designated Centers, Cores or Nodes;
B. Designated as CAFRA Centers, Cores or Nodes;
C. Designated as Urban Enterprise Zones; and
D. Designated as Urban Coordinating Council Empowerment Neighborhoods.
USE — The specific purpose for which land or building is designed, arranged, intended or
for which it is or may be occupied or maintained.
VARIANCE — Permission to depart from the literal requirements of the zoning regulations.
VEHICLE, COMMERCIAL — Any vehicle used or designed to be used for commercial
purposes on the highways, roadways or in construction, whether or not said vehicle is
registered as, or bears commercial-type license plates.
VEHICLES, MAJOR REPAIR — Includes rebuilding of engines and/or transmissions, installing
axles, body work and vehicle painting. Typically not completed in a single day.
VEHICLES, MINOR REPAIR — Includes battery replacement, small part changes, tire
repair, brake servicing, oil change, lubrication, engine tune-ups and minor routine
maintenance. Typically "same day" repair.
VEHICLE, RECREATIONAL — A vehicular type of portable structure which may be
towed, hauled or driven and which is primarily designed as a temporary living
accommodation for recreational camping and travel, including, but not limited to travel
trailers, truck campers, camping trailers and self-propelled motor homes. For purposes of
regulating boats, motorcycles, ATV’S, snow mobiles, and similar equipment, including the
trailers used to transport the same shall also be included. Recreational vehicles shall not
exceed a bumper-to-bumper length of 36 feet (including trailer) or a height (including trailer)
of 10 feet measured to the top of the roof. [Amended 7-16-2019 by Ord. No. 2019-12]
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§ 143-5 BUTLER CODE § 143-5
WAIVER — An exemption from the submission of required documentation or information in
connection with a development application or an exemption from a procedural requirement.
WALL — A vertical structure erected as a barrier, enclosure or screening or for the purpose
of retaining earth and continuously attached to or supported by the ground.
WAREHOUSE — A building used for the temporary storage of goods, materials or merchandise
for later or subsequent distribution of delivery elsewhere for purposes of processing or
sale.
WATERCOURSE — Any natural swale, stream, brook or river which is the natural course
of storm or running water through which water flows ordinarily and frequently, but not necessarily
continuously. This definition includes channels which have been artificially realigned or
improved. Also often referred to as "waterway".
WATER QUALITY — A term used to describe the chemical, physical, and biological
characteristics of water, usually in respect to its suitability for a particular purpose.
WATERS OF THE STATE — The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or ground water, whether natural or artificial, within the boundaries of
the State of New Jersey or subject to its jurisdiction. [Added 11-20-2007 by Ord. No.
2007-29]
WATER TABLE — The upper surface of the free groundwater in a zone of saturation; locus
of points in soil water at which hydraulic pressure is equal to atmospheric pressure.
WET BASIN — A detention basin designed to retain some water on a permanent basis. Also
commonly referred to as "Retention Pond" or "Detention Pond".
WETLANDS or WETLAND — An area that is inundated or saturated by surface water or ground
water at a frequency and duration sufficient to support, and that under normal circumstances does
support, a prevalence of vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation. [Added 11-20-2007 by Ord. No. 2007-29]
WIND ENERGY SYSTEMS — Include wind electrical systems, wind turbines, windmills, wind
generators, wind driven systems and their support structures. [Added 8-18-2009 by Ord. No. 2009-
10]
WIRELESS TELECOMMUNICATIONS ANTENNA — An antenna that is intended for
commercial transmission or reception of personal wireless telephone services communications,
and including commercial mobile services communications (pagers and similar), unlicensed
wireless services communications, and common carrier wireless exchange access services.
WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND — A fenced-in area
which contains the wireless telecommunications equipment buildings, antennas, equipment
and towers.
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§ 143-5 LAND USE § 143-5A
WIRELESS TELECOMMUNICATIONS MICRO-SITE — A site containing the wireless
telecommunications equipment, antennas, and support structure(s). These sites are intended to
provide wireless telecommunication coverage of either full or short range, and/or to provide
gap coverage within areas not adequately serviced. These sites are characteristic of facilities
mounted on existing nonresidential buildings, utility structures (excluding wireless
telecommunication towers) or similar structures and on new towers less than 75 feet in
total height.
WIRELESS TELECOMMUNICATIONS TOWER — A freestanding vertical structure
designed to support one or more wireless telecommunication antennas, including monopoles,
guyed towers, lattice towers and similar structures.
YARDS — (See Appendix to Article II, Yard Definition Diagrams).
A. FRONT YARD — An open space extending across the full width of the lot and lying between
the street line and the closest point of any building on the lot. The depth of the "front yard"
shall be measured horizontally from a line drawn parallel to the center line of the street.
The minimum required "front yard" shall be the same as the required setback.
B. REAR YARD — An open space extending across the full width of the lot and lying
between the rear lot line and the closest point of the principal building on the lot. The
depth of the "rear yard" shall be measured horizontally and at right angles to either a straight
rear lot line or the point of tangent of curved rear lot lines. The minimum required
"rear yard" shall be the same as the required rear setback.
G. SIDE YARD — An open space extending from the front yard to the rear yard and
lying between each side lot line and the closest point of the principal building on
the lot. The width of the required "side yard" shall be measured horizontally
and at right angles to either a straight side line or the point of tangent of curved
side lot lines.
§143A-5 Definitions: [Added 2-16-2021 by Ord. No. 2021-2]
CAFRA CENTERS, CORES OR NODES - those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP - the map used by the Department to identify the location of Coastal
Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map
is available on the Department's Geographic Information System (GIS).
COMMUNITY BASIN - an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is
designed and constructed in accordance with the New Jersey Stormwater Best Management
Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an
infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond
and that complies with the requirements of this chapter.
CONTRIBUTORY DRAINAGE AREA - the area from which stormwater runoff drains to a
stormwater management measure, not including the area of the stormwater management measure
itself.
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§ 143-5A BUTLER CODE § 143-5A
DISTURBANCE - the placement or reconstruction of impervious surface or motor vehicle
surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of
vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
GREEN INFRASTRUCTURE - a stormwater management measure that manages stormwater
close to its source by:
A. Treating stormwater runoff through infiltration into subsoil;
B. Treating stormwater runoff through filtration by vegetation or soil; or
C. Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14 - an area within which water drains to a particular
receiving surface water body, also known as a subwatershed, which is identified by a 14-digit
hydrologic unit boundary designation, delineated within New Jersey by the United States
Geological Survey.
LEAD PLANNING AGENCY - one or more public entities having stormwater management
planning authority designated by the regional stormwater management planning committee
pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
MOTOR VEHICLE - land vehicles propelled other than by muscular power, such as automobiles,
motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor
vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized
wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run
only on rails or tracks.
MOTOR VEHICLE SURFACE - any pervious or impervious surface that is intended to be used
by “motor vehicles” and/or aircraft, and is directly exposed to precipitation including, but not
limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or
BMP MANUAL - the manual maintained by the Department providing, in part, design
specifications, removal rates, calculation methods, and soil testing procedures approved by the
Department as being capable of contributing to the achievement of the stormwater management
standards specified in this chapter. The BMP Manual is periodically amended by the Department
as necessary to provide design specifications on additional best management practices and new
information on already included practices reflecting the best available current information
regarding the particular practice and the Department’s determination as to the ability of that best
management practice to contribute to compliance with the standards contained in this chapter.
Alternative stormwater management measures, removal rates, or calculation methods may be
utilized, subject to any limitations specified in this chapter, provided the design engineer
demonstrates to the municipality, in accordance with §143A-181F of this ordinance and N.J.A.C.
7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design
and performance standards established by this chapter.
PERSON - any individual, corporation, company, partnership, firm, association, political
subdivision of this State and any state, interstate or Federal agency.
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§ 143-5A BUTLER CODE § 143-5A
PUBLIC ROADWAY OR RAILROAD – means a pathway for use by motor vehicles or trains
that is intended for public use and is constructed by, or on behalf of, a public transportation
entity. A public roadway or railroad does not include a roadway or railroad constructed as part
of a private development, regardless of whether the roadway or railroad is ultimately to be
dedicated to and/or maintained by a governmental entity.
PUBLIC TRANSPORTATION ENTITY – means a Federal, State, County, or Municipal
government, an independent State authority, or a statutorily authorized public-private
partnership program pursuant to P.L. 2018, c. 90 (N.J.S.A. 40A:11-52 et seq.), that performs a
public roadway or railroad project that includes new construction, expansion, reconstruction,
or improvement of a public roadway or railroad
REGULATED IMPERVIOUS SURFACE - any of the following, alone or in combination:
A. A net increase of impervious surface;
B. The total area of impervious surface collected by a new stormwater conveyance system (for
the purpose of this definition, a “new stormwater conveyance system” is a stormwater conveyance
system that is constructed where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
C. The total area of impervious surface proposed to be newly collected by an existing stormwater
conveyance system; and/or
D. The total area of impervious surface collected by an existing stormwater conveyance system
where the capacity of that conveyance system is increased.
REGULATED MOTOR VEHICLE SURFACE – any of the following, alone or in combination:
A. The total area of motor vehicle surface that is currently receiving water;
B. A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil,
by an existing stormwater management measure, or by treatment at a wastewater treatment plant,
where the water quality treatment will be modified or removed.
STORMWATER MANAGEMENT BMP – an excavation or embankment and related areas
designed to retain stormwater runoff. A stormwater management BMP may either be normally
dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention
basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE – any practice, technology, process, program, or
other method intended to control or reduce stormwater runoff and associated pollutants, or to
induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or
illegal non-stormwater discharges into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AGENCY – a public body authorized by
legislation to prepare stormwater management plans.
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§ 143-5A BUTLER CODE § 143-5A
STORMWATER MANAGEMENT PLANNING AREA – the geographic area for which a
stormwater management planning agency is authorized to prepare stormwater management plans,
or a specific portion of that area identified in a stormwater management plan prepared by that
agency.
WATER CONTROL STRUCTURE – a structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the
two-, 10-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples
of a water control structure may include a bridge, culvert, dam, embankment, ford (if above
grade), retaining wall, and weir.
MAJOR DEVELOPMENT – STORMWATER PURPOSES – an individual “development,” as
well as multiple developments that individually or collectively result in:
A. The disturbance of one or more acres of land since February 2, 2004;
B. The creation of one-quarter acre or more of “regulated impervious surface” since February 2,
2004;
C. The creation of one-quarter acre or more of “regulated motor vehicle surface” since March 2,
2021 or the effective date of this ordinance, whichever is earlier; or
D. A combination of B and C above that totals an area of one-quarter acre or more. The same
surface shall not be counted twice when determining if the combination area equals one-quarter
acre or more.
Major development includes all developments that are part of a common plan of development or
sale (for example, phased residential development) that collectively or individually meet any one
or more of paragraphs A, B, C, or D above. Projects undertaken by any government agency that
otherwise meet the definition of “major development” but which do not require approval under
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered “major
development.”
143:36
§ 143-6 BUTLER CODE § 143-6
Part 2
Planning Board and Board of Adjustment
ARTICLE III
Planning Board
§ 143-6. Establishment.
A. There is hereby established in the Borough of Butler pursuant to N.J.S.A. 40:55D-1 et
seq., as amended, a Planning Board of nine members consisting of the following classes:
(1)
Class I: The Mayor.
(2) Class II: One of the officials of the municipality other than a member of the
governing body to be appointed by the Mayor; provided that the member of the
Environmental Commission who is also a member of the Planning Board as
required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board
member in the event that there is among the Class IV or alternate members of the
Planning Board both a member of the Zoning Board of Adjustment and a member
of the Board of Education.
(3)
Class III: A member of the governing body to be appointed by it.
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§ 143-6
BUTLER CODE
§ 143-8
(4) Class IV: Six citizens of the municipality to be appointed by the Mayor. The
members of Class IV shall hold no other municipal office, position or employment
except that one such member may be a member of the Zoning Board of
Adjustment or historic preservation commission, if any. A member of the Board of
Education may be a Class IV member. The member of the Environmental Commission
who is also a member of the Planning Board as required by N.J.S.A.
40:56A-1 shall be a Class IV Planning Board member, unless there be among the
Class IV or alternate members of the Planning Board, both a member of the
Zoning Board of Adjustment or historic preservation commission and a member of the
Board of Education, in which case the member common to the Planning Board and the
Environmental Commission shall be deemed a Class II member of the Planning Board.
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 office.
B. There may also be not more than two alternate members appointed to the Planning Board
in the same manner as Class IV members. Alternate members shall be designated by the
Chairman of the Planning Board as "Alternate No. 1" and "Alternate No. 2". Alternate
members may participate in discussion of the proceedings but may not vote except in the
absence or disqualification of a regular member of any class. 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.
§ 143-7. Terms.
A. The term of the member composing Class I shall correspond with his official tenure. The
terms of the members composing Class II and Class II shall be for one year or terminate
at the completion of their respective terms of office whichever occurs first, except for a Class
II member who is also a member of the Environmental Commission. The term of a Class II
or a 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 comes first.
B. The term of a Class IV member who is also a member of the Board of Adjustment or the
Board of Education shall terminate whenever he is no longer a member of such other
body or at the completion of his Class IV term, whichever occurs first.
C. The terms of alternate members shall be for two years except that of the alternate
members first appointed, one shall be appointed for a one-year term and one shall be
appointed for a two-year term, said terms to run from January 1 of the year in which the
appointment is made. Thereafter, all appointments shall be made for a term of two years.
§ 143-8. 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.
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§ 143-9 LAND USE § 143-12
§ 143-9. Organization of Board.
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. The Board shall adopt by-laws setting forth the rules and regulations
pertaining to its operating procedures and organization. Said by-laws shall be ratified
annually at the organization meeting of the Board.
§ 143-10. 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.
§ 143-11. 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.
§ 143-12. Powers and duties generally.
The Planning Board is authorized to adopt by-laws governing its procedural operation. It shall
also have the following powers and duties:
A. To prepare, adopt and from time to time amend a master plan for the physical
development of the municipality including any areas outside its boundaries, which in the
Boards judgment bear essential relation to the planning of the municipality, in
accordance with the provisions of N.J.S.A. 40:55D-28. Said master plan shall be
reexamined every six years in accordance with the provision of N.J.S.A. 40:55D-89. A
reexamination shall be completed at least once every six years beginning in 1982.
B. To administer the provisions of this chapter and the Municipal Land Use Law of 1975,
N.J.S.A. 40:55D-1 et seq. in connection with subdivision and site plan review.
C. To hear applications for conditional uses and in proper cases to approve conditional use
permits in accordance with the provisions of the zoning regulations, pursuant to N.J.S.A.
40:55D-67.
D. To participate in the preparation and review of programs or plans required of the
Planning Board by State or Federal law or regulations.
E. To assemble data on a continuing basis as part of a continuous planning process.
F. To prepare a program of municipal capital improvement projects over a term of six
years, and amendments thereto, and recommend same to the governing body, when so
authorized by the governing body pursuant to N.J.S.A. 40:55D-29.
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§ 143-12 BUTLER CODE § 143-14
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-26(a) which report shall identify any provisions in the proposed
development regulation, revision or amendment which are inconsistent with the master
plan, and shall include recommendations concerning these inconsistencies, and any other
matters the Board deems appropriate; and also pass upon other matters specifically
referred to the Planning Board by the governing body pursuant to provisions of N.J.S.A.
40:55D-26(b).
H. Whenever the proposed development requires approval of a subdivision, site plan, or
conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70(d), to grant to the
same extent and subject to the same restrictions as the Board of Adjustment.
(1)
Variances pursuant to N.J.S.A. 40:55D-70(c).
(2) Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or
structure in the bed of a mapped street or public drainage way, flood control basin
or public area reserved pursuant to N.J.S.A. 40:55D-32.
(3) Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or
structure not related to a street.
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.
To consider and make a report within 45 days of its receipt upon any petition for
annexation submitted to the governing body of the municipality and referred to the
Planning Board pursuant to the provisions of N.J.S.A. 40A:7-12.
K. To review a petition for inclusion of a parcel in a municipality approved Farmland
Preservation Program pursuant to N.J.S.A. 4:1C-21(c).
§ 143-13. 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.
ARTICLE IV
Zoning Board of Adjustment
§ 143-14. Findings.
The Zoning Board of Adjustment was created by ordinance pursuant to the terms of N.J.S.A.
40:55D-69. The aforementioned statute mandates the creation of a Zoning Board of
Adjustment upon the adoption of a zoning ordinance unless the municipality is eligible for,
and exercises, the option of creating a nine-member Planning Board to exercise all of the
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§ 143-14 LAND USE § 143-19
powers and duties of the Board of Adjustments as provided by N.J.S.A. 40:55D-25c. The Borough
meets the criteria established in N.J.S.A. 40:55D-25c and has determined that it is in the public's
best interest to abolish the Zoning Board of Adjustment and allow the Planning Board to
exercise its powers and duties.
§ 143-15. Abolishment of Zoning Board of Adjustment; discharge of members.
A. The Zoning Board of Adjustment is hereby abolished and all of the powers and duties
granted by law to the Board are hereby transferred to the Planning Board pursuant to the
authority established in N.J.S.A. 40:55D-25c.
B. All members, officers and employees of the Zoning Board of Adjustment as of the
effective date of this ordinance shall be discharged from their positions, offices or
employment.
§ 143-16. Reference to Board of Adjustment.
All references to the Board of Adjustment contained in this Chapter shall be deemed to refer
to the Planning Board.
§ 143-17. Experts and staff.
The Zoning Board of Adjustment may also employ or contract for and fix the compensation
of such experts and other staff and services as it may deem necessary. The Board shall not
authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by
the governing body for its use.
§ 143-18. Rules and regulations.
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.
§ 143-19. Powers of the Zoning Board of Adjustment.
A. The powers of the Zoning Board of Adjustment 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.
B. It is further the intent of this chapter to confer upon the Zoning Board of Adjustment as
full and complete powers as may lawfully be conferred upon such Board, including, 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 the Zoning Regulations, or
any term, clause, sentence or word thereof, and the Zoning Map, in accordance with the
general rules of construction, applicable to legislative enactments.
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§ 143-19 BUTLER CODE § 143-21
C. The Board may, in appropriate cases and subject to appropriate conditions and
safeguards, grant variances from the terms of the Zoning Regulations in accordance with
the general or specific rules contained herein, and with the general rules hereby laid
down that equity shall be done in cases where the strict construction of the provisions of
the Zoning Regulations would work undue hardship. The powers and duties of the Board
having been delegated to and imposed upon it by statue, the Board shall in all cases
follow the provisions applicable to it in N.J.S.A. 40:55D-1 et seq., or subsequent statutes
in such cases made and provided, and it shall from time to time furnish to any person
requesting the same a copy of its rules and information as to how appeals or applications may
properly be filed with the Board for its decision thereon.
§ 143-20. Appeals and applications.
A. Appeals to the Board of Adjustment may be taken by any person aggrieved, or by an
officer, department, board or bureau of the municipality or affected by any decision of
the administrative officer. Each appeal shall be taken within the 20 days of the date of
decision prescribed in N.J.S.A. 40:55D-72a by filing a notice of appeal with the officer
from whom the appeal was taken, together with three copies of such notice with the Secretary
of the Board of Adjustment. Such notice of appeal shall specify the grounds for the 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 of Adjustment without
prior application to an administrative officer, shall be filed with the Secretary of the
Zoning Board of Adjustment. 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 hearings, 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 of Adjustment. The
applicant shall obtain all necessary forms from the Secretary of the Zoning Board of
Adjustment. The Secretary of the Board shall inform the applicant of the steps to be
taken to initiate proceedings and of the regular meeting date of the Board.
C. An appeal stays all proceedings in furtherance of the action in respect of which the
decision appealed from was made, unless the officer from whom the appeal is taken
certifies to the Board of Adjustment 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 a case, proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the Board of Adjustment
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.
§ 143-21. Power to reverse or modify decisions.
In exercising the above mentioned power, the Board of Adjustment may, in conformity with
the provisions of 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 appealed from, and make such other requirement, decision or determination
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§ 143-21 LAND USE § 143-23
appealed from, and make such other 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.
§ 143-22. Expiration of variance. [Amended 7-16-2019 by Ord. No. 2019-12]
Any variance from the terms of the Zoning Regulations hereafter granted by the
Planning 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, unless such permitted use has actually been
commenced, or unless an extension of time is granted by the Board, within 36 months
from the date of entry of the judgment or determination of the Planning Board except
as otherwise provided by law; except however, that the running of the period of
limitation herein provided shall be extended from the date of filing an appeal from
the decision of the Planning Board to a court of competent jurisdiction, until the
termination of any manner of such appeal or proceeding, and provided further, that
in the event another agency approval is required and the application is pending before
the other agency at the time of approval, then the thirty-six-month period shall
commence after receipt of that other approval.
§ 143-23. Powers granted by law.
The Board of Adjustment shall have such powers as are granted by law to:
A. Hear and decide appeals where it is alleged by the appellant that there is error in any
order, requirement decision or refusal made by an administrative officer based on or
made in the enforcement of the zoning chapter.
B. Hear and decide requests for interpretation of the map or zoning chapter or for decisions upon
other special questions upon which the Board is authorized to pass by provisions in the
zoning regulations.
C. (1) Where (a) by reason of exceptional narrowness, shallowness or shape of a specific
piece of property, (b) or by reason of exceptional topographic conditions or physical features
uniquely affecting a specific piece of property, or (c) by reason of an extraordinary
and exceptional situation uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation pursuant to the zoning
chapter would result in peculiar and exceptional practical difficulties to, or exceptional and
undue hardship upon the developer of such property, a variance from the strict application
or an appeal relating to such property, a variance from the strict application of such
regulation so as to relieve such difficulties or hardship; (2) where in an application or
appeal relating to a specific piece of property the purposed of this act would be advanced
by a deviation from the zoning regulations requirements and the benefits of the deviation
would substantially outweigh any detriment, grant a variance to allow departure from such
regulations of the zoning chapter; provided, however, that no variance from those departures
enumerated in N.J.S.A. 40:55D-70(d) 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
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§ 143-23
BUTLER CODE
§ 143-24
conjunction with which the Planning Board has power to review a request for a variance
pursuant to N.J.S.A. 40:55D-60(a) of the Municipal Land Use Law.
D. In particular cases and for special reasons, grant a variance to allow departure from regulations
set forth in the zoning regulations to permit (1) a use or principal structure in a district
restricted against such use or principal structure (2) an expansion of a nonconforming use,
(3) deviation from a specification or standard pursuant to N.J.S.A.
40:55D-4 pertaining solely to a conditional use, (4) an increase in the permitted floor
area ratio as defined in N.J.S.A. 40:55D-4 (5) an increase in the permitted density as
defined in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots
for detached one or two dwelling unit buildings, which lot or lots either an isolated undersized
lot or lots resulting from a minor subdivision or (6) a height of a principal structure which
exceeds by 10 feet or 10% the maximum height permitted in the district for a principal
structure. A variance under this subsection shall be granted only by affirmative vote of at
least five members of the Board. If an application for development requests one or more
variances but not a variance for a purpose enumerated in subsection D. of this section, the
decision on the requested variance or variances shall be rendered under subsection C of
this section.
E. No variance or other relief may be granted under the provisions of this section unless
such variance or other relief can be granted without substantial detriment to the public
good and will not substantially impair the intent and purpose of the zone plan and zoning
chapter. In respect of any airport hazard areas delineated under the "Air Safety and
Hazardous Zoning Act of 1983" N.J.S.A. 6:1-80 et seq., no variance or other relief may
be granted under the terms of this section permitting the creation or establishment or a
nonconforming use which would be prohibited under the standards promulgated pursuant
to that act, except upon issuance of a permit by the Commissioner of Transportation. An
application under this section may be referred to any appropriate person or agency other than
the Planning Board for its report; provided that such reference shall not extend the period
of time within which the Zoning Board of Adjustment shall act.
§ 143-24. Additional powers.
The Zoning Board of Adjustment shall in addition to the powers specified in § 143-22 of this
chapter have power given by law to:
A. 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;
B. Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not
related to a street; and
C. To grant, to the same extent and subject to the same restrictions and procedures as the Planning
Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 et seq. or
conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed
development requires approval by the Board of Adjustment of a variance pursuant to
subsection d of Section 57 of the Municipal Land Use Law (N.J.S.A. 40:55D-70). The
developer may elect to submit a separate application requesting approval of the variance
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§ 143-24 LAND USE § 143-26
and a subsequent application for any required approval of a subdivision, site plan or
conditional use. The separate approval of the variance shall be conditioned upon grant of
all required subsequent approvals by the Board of Adjustment. No such subsequent approvals
shall be granted unless such approval can be granted without substantial detriment to
the public good and without substantial impairment of the intent and purpose of the
zone plan and zoning regulations. The number of votes of Board members required to grant
such subsequent approvals shall be as otherwise provided in this chapter for the approval in
question, and the special vote pursuant to the aforesaid subsection d of Section 57 (N.J.S.A.
40:55D-70d) shall not be required.
D. To grant a certificate certifying that a use or structure existed before the adoption of the
zoning ordinance which rendered the use or structure nonconforming, pursuant to
(N.J.S.A. 40:55D-68).
§ 143-25. Time for decision and certification of completeness.
A. The Board of Adjustment shall render its decision not later than 120 days after the date:
(1)
An appeal is taken from the decision of an administrative officer; or
(2) Of certification of completeness of an application for development to the Board of
Adjustment in accordance with the provisions of § 143-49.
B. In the event that a developer elects to submit separate consecutive applications for a use
variance and for approval of a subdivision, site plan or conditional use, the
one-hundred-twenty-day provision shall apply to the variance application only; and the
period for taking action on the subsequent applicant shall be as otherwise provided in this
chapter.
C. The failure of the Board to render a decision within the applicable time period (120 days
for variance applications and specified time periods as provided otherwise for other
subsequent applications), or within such further time as may be consented to by the applicant,
shall constitute a decision favorable to the applicant and the applicant shall comply with the
provisions of § 143-39.
§ 143-26. Annual review of decisions; annual report.
The Board of Adjustment 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 zoning
regulation provisions which were the subject of variance request and its recommendations for
zoning regulation amendment or revision, if any. The Board of Adjustment shall send copies
of the report and resolution to the governing body and Planning Board.
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§ 143-27 BUTLER CODE § 143-29
ARTICLE V
Provisions Applicable to Both the Planning Board and Zoning Board of Adjustment
§ 143-27. Conflicts of interest.
No member of the Planning Board or Zoning Board of Adjustment 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 relating
hereto.
§ 143-28. Meetings.
A. Meetings of both the Planning Board and Zoning Board of Adjustment shall be
scheduled no less than once a month and any meeting scheduled shall be held unless canceled
for lack of applications for development to process.
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 a majority vote of the members present at the meeting
except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq. (See Board
Rules). Failure of a motion to receive the number of votes required to approve an application
for development shall be deemed an action denying the application.
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, N.J.S.A. 10:4-6 et seq. An executive session for the purpose of discussing
and studying any matters to come before either Board shall not be deemed a regular or
special meeting in accordance with the provisions of N.J.S.A. 40:55D-9. Further,
subcommittee meetings of less than a quorum of the Board shall not be required to be
open to the public.
§ 143-29. 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 therefore. 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 or by statute.
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§ 143-30 LAND USE § 143-32
§ 143-30. Fees.
Fees or charges for submission of applications or for rendering of any service by the Planning
Board or Zoning Board of Adjustment or any member of their administrative staffs for review
of an application for development, for inspections or for taking of appeals are as set forth in Article
VI or as established in other Borough ordinances establishing fees. Any fee paid in connection
with an informal review of a concept plan for development for which the developer intends
to prepare and submit an application for development shall be a credit toward fees for
review of the application for development.
§ 143-31. Hearings.
A. Rules. The Planning Board and Zoning Board of Adjustment may make rules governing
the conduct of hearings before such bodies which rules shall not be inconsistent with the
provisions of N.J.S.A. 40:55D-1 et seq. or of this ordinance.
B. Oaths. The officer presiding at the hearing of 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" 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 to 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. Each Board shall provide for the verbatim recording of the proceeding by either
stenographer, 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.
§ 143-32. Notice requirements for hearing.
Whenever a hearing is required on an application for development pursuant to N.J.S.A.
40:55D-1 et seq., or as to any matter coming before the Zoning Board of Adjustment, the applicant
shall give notice thereof, as indicated below; however, applications for minor subdivision
approval, exemption or minor site plan approval, and final subdivision and site plan approval,
shall not be required to provide notice unless the other relief which is requested would require
public notice.
A. 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.
143:47
§ 143-32
BUTLER CODE
§ 143-32
B.
(1) Notice shall be given to the owners of all real property located in this State as
shown on the current tax duplicate or duplicates within 200 feet in all directions of
the property which is the subject of such hearing, and whether located within or
without the municipality. Such notice shall be given by:
(a) Serving a copy thereof on the owner, as shown on the said current tax
duplicates, 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 the current tax duplicate or duplicates.
(2) The above requirements shall be deemed satisfied where condominiums or
horizontal property regimes are within 200 feet of applicant's property, by making
service in the following manner:
(a) If the applicant's property abuts a condominium and the owner of any unit is
within 200 feet of the applicant's property and said unit has a unit above or
below it, by giving notice to the condominium association.
(b) If the applicant's property abuts a horizontal property regime and an
apartment of the co-owner is within 200 feet of the applicant's property and
such apartment has an apartment above or below it, by giving notice to the
horizontal property regime.
(c) If the applicant is the owner of a condominium unit or co-owner of an
apartment, notice shall be given to all other units owners or apartment co-
owners within 200 feet of the unit or apartment owned or co-owned by the
applicant. A return receipt is not required. Notice to a partnership owner may
be made upon any partner. Notice to a corporate owner may be made by
service upon its president, vice president, secretary or other person authorized by
appointment or by law to accept service on behalf of the corporation. Where
a condominium association, horizontal property regime, community trust or
homeowner's association, own grass, landscaped areas, driveways, parking lots,
recreational facilities, etc., which are common elements or areas, that are within
200 feet of the property which is the subject of a hearing, notice may be
made in the same manner as to a corporation, without further notice to unit
owners, co-owners, or homeowners on account of such common elements
or areas.
C. 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 § 143-31B to the owners of lands in such adjoining municipality
which are located within 200 feet of the subject premises.
D. 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 Map or on the County master plan,
adjoining the County land or situated within 200 feet of the municipal boundary.
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§ 143-32
LAND USE
§ 143-32.1
E. 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.
F.
Notice shall be given by personal service or certified mail to the State Planning
Commission 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 N.J.S.A.
40:55D-10(b).
G. In the case of a public utility, cable television company or local utility which possesses a
right-of-way or easement within the Borough of Butler and which has registered with the
Borough pursuant to N.J.S.A. 40:55D-12.1, notice shall be given by (1) serving a copy of the
notice on the person whose name appears on the registration form on behalf of the public
utility, cable television company or local utility or (2) mailing a copy thereof by certified
mail to the person whose name appears on the registration form at the address shown on
that form.
H. All notices hereinabove specified in this section shall be given at least 10 days prior to
the date fixed for hearing and the applicant shall file an affidavit of proof of service with the
board holding the hearing on the application for development.
I. Any notice made by certified mail as hereinabove required shall be deemed to be
complete upon mailing in accordance with the provisions of C. 40:55D-14.
J.
Form of notice. All notices required to be given pursuant to the terms of this ordinance
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.
K. Any maps and documents for which approval is sought at a hearing shall be on file and
available for public inspection at least 10 days before the date of the hearing during
normal business hours in the office of the municipal Clerk.
L. Notice pursuant to paragraphs C, D, E and F of this section shall not be required unless
public notice pursuant to paragraph A and paragraph B of this section is required. Notice
under paragraphs A and B is not required for (1) conventional site plan review, (2) minor
subdivision approval or (3) final approval pursuant to N.J.S.A. 40:55D-50.
§ 143-32.1. Registration by public utilities, cable television companies or local utilities.
A. Every public utility, cable television company and local utility having a right-of-way or
easement within the Borough of Butler desirous of receiving notice of development
applications pursuant to N.J.S.A. 40:55D-12 may register with the Borough Clerk. The
registration shall remain in effect until revoked by the registrant or its successor in
interest.
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§ 143-32.1 BUTLER CODE § 143-34
B. Any public utility, cable television company or local utility seeking to register with the
Borough of Butler pursuant to this Section shall be required to pay a $10 registration fee.
§ 143-33. List of property owners furnished.
Pursuant to the provisions of N.J.S.A. 40:55D-12c the tax assessor of the municipality shall,
within seven days after receipt of a request therefore, and upon receipt of a fee not to exceed
$0.25 per name or $10, whichever is greater, 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 §
143-31B of this chapter.
§ 143-34. 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.
C. The municipal agency shall include findings of fact and conclusions based thereon in
each decision on any application for development and shall reduce the decision to
writing. The municipal agency shall provide the findings and conclusions through:
(1) A resolution adopted at a meeting held within the time period provided in the act
for action by the municipal agency on the application for development; or
(2) A memorializing resolution adopted at a meeting held no later than 45 days after
the date of the meeting at which the municipal agency voted to grant or deny approval.
Only the members of the municipal agency who voted for the action taken may
vote on the memorializing resolution, and the vote of a majority of such members
present at the meeting at which the resolution is presented for adoption shall be
sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting
from the failure of a motion to approve an application) shall be memorialized by
resolution as provided above, with those members voting against the motion for
approval being the members eligible to vote on the memorializing resolution. The
vote on any such resolution shall be deemed to be a memorialization of
the action of the municipal agency and not to be an action of the municipal agency;
however, the date of the adoption of the resolution shall constitute the date of the
decision for purposes of the mailings, filings, and publications required under § 143-
34B and under § 143-35. If the municipal agency fails to adopt a resolution or
memorializing resolution as hereinabove specified, any interested party may apply
to the Superior Court in a summary
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§ 143-34 LAND USE § 143-37
manner for an order compelling the municipal agency to reduce its findings and
conclusions to writing within a stated time and the cost of the application,
including attorneys fees, shall be assessed against the municipality.
D. Failure of a motion to approve an application for development to receive the number of
votes required for approval shall be deemed an action denying the application. An action
resulting from the failure of a motion to approve an application shall be memorialized by
resolution as provided above not withstanding the time at which the action occurs within
the applicable time period for rendering a decision on the application.
§ 143-35. Publication of decision.
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 or Zoning
Board of Adjustment, as the case may be, 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.
§ 143-36. Payment of taxes.
Pursuant to the provisions of N.J.S.A. 40:55D-39e. and N.J.S.A. 40:55D-65h. every
application for development submitted to the Planning Board or to the Zoning Board of
Adjustment shall be accompanied by proof that no taxes or assessments for local
improvements or other monies 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 the property,
any approvals or other relief granted by either 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 municipality will be adequately protected.
§ 143-37. Disclosure of ownership by corporation or partnership.
A. A corporation or partnership applying to a municipal agency for permission to subdivide a
parcel of land into six or more lots, or applying for variance to construct a multiple dwelling
25 or more family units, or for approval of a site to be used for commercial purposes, shall
list the names and addresses of all stockholders or individual partners owning at least 10%
of its stock of any class, or at least 10% of the interest in the partnership, as the case may
be.
B. If a corporation or partnership owns 10% or more of a stock or a corporation, or 10% or
greater interest in a partnership, subject to disclosure pursuant to paragraph a of this
subsection, that corporation or partnership shall list the names and addresses of its
stockholders holding 10% or more of its stock, or of 10% or greater interest in the partnership,
as the case may be, and this requirement shall be followed by every corporate
stockholder or partner in a partnership until the names and addresses of the non-corporate
stockholders and individual partners exceeding the 10% ownership criterion have
been listed.
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§ 143-38 BUTLER CODE § 143-39
§ 143-38. Conditional approval.
A. Conditions precedent. Whenever any application for development is approved subject to
specified conditions, intended to be fulfilled before the approval becomes effective, said
conditional approval shall lapse and become null and void unless all specified conditions
are fulfilled within 90 days of the date of conditional approval.
B. The fulfillment of all conditions precedent shall be reported in writing to the municipal
agency, which may cause such reports to be verified in an appropriate manner. Only
upon fulfillment of all conditions shall any subdivision map or site plan be assigned or
any required building permit, occupancy permit or zoning permit be issued.
C. Conditions subsequent. Whenever any application for development is approved subject to
conditions, which by their terms are incapable of being fulfilled, or are not required to be
fulfilled prior to the final approval of the application, the performance of which are not
guaranteed by bonds or securities of any type, failure to fulfill any such condition within
six month from the date of the final approval of the application for development shall be
grounds for the issuance of a stop work order by the enforcing official and the
withholding of any zoning permit, certificate of occupancy or any other approval until
such condition or conditions are fulfilled.
D. Nothing herein contained shall be construed as preventing the municipal agency from
specifying a longer period of time within which any specific condition must be fulfilled,
or from granting, upon an ex parte application an extension of time for fulfilling a
condition for good cause shown.
E. The fulfillment of all conditions shall be reported in writing to the municipal agency
which may cause such reports to be verified in an appropriate manner. Only upon
fulfillment of all conditions shall any subdivision map or site plan be signed or any
required building permit, occupancy permit, zoning permit or other required approval be
issued.
§ 143-39. Default approvals; applicant's obligations.
An applicant shall comply with the provisions of this section whenever the applicant wishes to
claim approval of his application for development by reason of the failure of a municipal
agency to grant or deny approval with the time periods specified in the municipal land use
law and this chapter.
A. Applicant shall provide notice of the default approval to the municipal agency and to all
those entitled to notice by personal service or certified mail of the hearing on the
application for development; but for purposes of determining who is entitled to notice,
the hearing on the application for development shall be deemed to have required public
notice pursuant to subsection (a) of N.J.S.A. 40:55D-12b. The applicant shall arrange
publication of the notice of the default in the official newspaper of the municipality, if
there be one, or in a newspaper of general circulation in the municipality.
B. The applicant shall file an affidavit of proof of service and publication with the secretary
of the Planning Board or Zoning Board of Adjustment as the case may be.
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§ 143-40 LAND USE § 143-42
§ 143-40. Pending applications.
All applications for development filed prior to the effective date of this chapter may be
continued by any appeals arising out of decisions made on any such application shall be governed
by the provisions of § 143-20.
§ 143-41. Continuance in office.
Members of the Planning Board and Zoning Board of Adjustment on the effective date of this
ordinance shall continue in office until the completion of their terms as provided by law
immediately prior to the effective date of this ordinance. Any new appointments or reappointments
to said boards shall be governed by the provisions of this ordinance.
Part 3
Development Review
ARTICLE VI
Development Review Fees
§ 143-42. Application fees. [Amended 3-17-2017 by Ord. No. 4-2026]
The developer shall, at the time of filing a submission, pay the following nonrefundable
fee to the Clerk of the municipal agency. Proposals involving more than on use shall pay
a fee equaling the sum of the fees for the component elements of the development proposal.
Proposals requiring a combination of approvals, such as subdivision, site plan and/or a
variance, shall pay a fee equal to the sum of the fee for each element. Upon submission of
the application an escrow deposit ranging from $500.00 to $5000.00 shall be required.
This will be credited to the total escrow requirements. The board engineer will review the
application and determine the fee and the escrow requirements. The applicant will then be
advised of the amounts owed.
A. Subdivisions:
(1) Concept Plan - $150
(2) Minor Subdivision - $450
(3) Major Subdivision, Preliminary Plat - $450 + $150 per lot
(4) Amendment to approved Preliminary Plat - 50% of original fee
(5) Major Subdivision, Final Plat - $300 + $75 per lot
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B. Site Plans:
(1) Concept Plan - $200
(2) Minor Site Plan - $600
(3) Preliminary Site Plan
(a) Multi-Family Residential - $450 + $150 per dwelling
(b) Conventional - . $800 + $0.20 per square foot + $0.02 per s.f. of lot area
(4) Amendment to approved Preliminary Site Plan - 50% of original fee
(5) Final
(a) Multi-Family Residential - $250 + $75 per dwelling
(b) Conventional - $300 + $0.10 per s.f. of building + $0.01 per s.f. lot area
(6) Freestanding and wall-mounted signs not included in site plan applications $300
C. Variances:
(1) To hear and decide appeals from the decision of the Zoning Officer $600
(2) Interpretation of Zoning Map $300
(4) Variances related to signs $300
(5) All other use, yard and bulk variances:
(a) One– and two-family dwellings - $300
(b) Multi-Family Residential - $400
(c.) All other uses - $0.10 per s.f. of building + $0.02 per s.f. of lot area with a minimum of
$700
D. Conditional Uses - $800
§ 143-43. Technical review escrow deposits.
A. In addition to the base application fees set forth in § 143-42, the applicant shall also pay
to the Borough of Butler a review fee escrow deposit in the amount set forth below.
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(1)
Subdivisions.
(a) Concept plan:
[1] Minor subdivision: $250.
[2] Major subdivision: $250 + $50 per lot.
(b) Minor subdivision: $500.
(c) Major subdivision, preliminary plat: $1,000 + $100 per lot.
(d) Major subdivision, final plat: $500 + $50 per lot.
(2)
Site plans.
(a) Concept plan: $5,000 or the following (whichever amount is less):
[1] Multifamily residential: $250 + $25 per dwelling unit.
[2] Conventional: $250 + $25 per 100 square feet of lot area.
(b) Preliminary plans: $5,000 or the following (whichever amount is less):
[1] Multifamily residential: $500 + $50 per dwelling unit.
[2] Conventional: $500 + $50 per 100 square feet of building floor area +
$50 per 1,000 square feet of lot area.
(c) Final plans: $5,000 or the following (whichever amount is less):
[1] Multifamily residential: $250 + $25 per dwelling unit.
[2] Conventional: $250 + $25 per 100 square feet of building floor area +
$25 per 1,000 square feet of lot area.
(3)
Variances:
(a) Variances pursuant to N.J.S.A. 40:55D-70c: $2500.
(b) Variances pursuant to N.J.S.A. 40:55D-70d: $3,500.
(4)
Other applications: as estimated by professional person.
B. Deposits received from any developer pursuant to this section shall be deposited in a
banking institution or savings and loan association in New Jersey insured by an agency
of the Federal Government, or any other fund or depository approved for such deposits
by the State of New Jersey:
(1) Deposits under $5,000 received from any developer pursuant to this section will be
placed in one account and monitored by separate ledger.
(2) Deposits in excess of $5,000 received from any developer pursuant to this section
shall be placed in an account bearing interest at the minimum rate currently paid
by the institution or depository on time or savings deposits. The deposits shall be
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§ 143-43
deposited to a review fee trust account identified with the name of the applicant
and the filing number of the application for development. The Borough shall notify the
applicant, in writing, of the name and address of the institution or depository in which
the deposit is made and the amount of the deposit. The Borough shall not refund an
amount of interest paid on a deposit which does not exceed $100 for the year. If the
amount of interest exceed $100 that entire amount shall belong to the applicant and
shall be refunded to him by the Borough annually or at the time the deposit is repaid,
as the case may be; except that the Borough shall retain for administrative expenses a
sum equivalent to no more than 33 1/3 of that entire amount, which shall be in lieu of
all other administrative and custodial expenses.
C. The review fee escrow deposit shall be applied to defray the actual and reasonable
expenses incurred by the Borough for professional services in connection with the processing
of the application for development.
D. An applicant shall be responsible to reimburse the Borough for:
(1) All expenses of professional personnel incurred and paid by it necessary to process
an application for development before a municipal agency, such as, but not by way
of limitation:
(a) Charges for reviews by professional personnel of applications and
accompanying documents.
(b) Issuance of reports by professional personnel to the municipal agency setting
forth recommendations resulting from the review of any documents submitted
by applicant.
(c) Charges for any telephone conference or meeting requested or initiated by
applicant, his attorney or any of his experts.
(d) Review of additional documents submitted by applicant and issuance of
reports relating thereto.
(e) Review or preparation of easements, developers, agreements, deeds or the
like.
(f) Preparation for and attendance at special meetings.
(2) The cost of expert advice or testimony obtained by the municipal agency for the purpose
of corroborating testimony of applicant's experts; provided that the municipal
agency gives prior notice to applicant of its intention to obtain such additional expert
advice or testimony and affords applicant an opportunity to be heard as to the
necessity for such additional advise or testimony and definition of the limitations on
the nature and extent thereof.
E.
No applicant shall be responsible to reimburse the Borough for any of the following:
(1) Attendance by the Borough's professional personnel at any regularly scheduled
meeting of the municipal agency; provided, however, that the Borough shall be entitled
to be reimbursed for attendance of its professional personnel at special
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meetings of a municipal agency which were requested to be called by the applicant
for the applicant's convenience.
(2)
The preparation of a resolution or memorializing resolution setting forth the
findings and conclusions of the municipal agency with respect to an application.
F. The term "professional personnel" or "professional services" as used herein shall include
the services of a duly licensed engineer, surveyor, planner, attorney, realtor, appraiser or
other expert who would provide professional services to insure an application meets
performance standards set forth in the Ordinance and other experts whose testimony is in
an area testified to by applicant's expert.
G. The professional or expert retained by the Borough in connection with its review and
action on such application shall submit itemized vouchers to the Administrative Officer
for all fees and expenses incurred in reviewing the application and submitting reports or
rendering professional services in connection with the application. The professional or expert
shall forward a copy of the voucher to the applicant or the applicant's attorney at the
address listed in the application,
H. The fees and rates charged for expenses incurred in the application review shall not
exceed the fees and rates ordinarily charged the Borough for similar services to the Borough.
If the review of the application necessitates the use of experts whose fees and rates exceed
those usually charged, such expert may be retained with the consent of the applicant and the
applicant shall be charged for the actual fees.
I.
The applicant shall present any objections to the Administrative Officer within 10 days
of the receipt of the voucher, and in the event that reasonableness and necessity of the
voucher.
J.
All vouchers shall follow the same procedures as for all other vouchers or invoices
submitted to the Administrative Office. The Administrative Officer shall determine
whether or not the vouchers submitted represent the actual and reasonable charges, fees,
and expenses which have been incurred in connection with the application, taking into
consideration any objection made by the applicant. The applicant may appeal the
Administrative Officer's determination by notifying the Municipal Agency's Secretary in
writing as to the challenge/question. The applicant will be afforded an opportunity to be
heard at a public meeting.
K. Any unused portion of the Review Fee Trust Account shall be refunded to the applicant
as soon as practicable after Borough action with respect to the application is completed.
L. In the event that the cost of such professional review and processing services shall at any
time exceed the amount remaining in the Review Fee Trust Account, the applicant shall
deposit a supplemental review fee escrow deposit in such amount as is determined by the
Administrative Officer to be sufficient to cover any deficit in such account.
M. No subdivision plat shall be signed, nor shall any building permits, certificates of
occupancy or other permits or approvals be issued with respect to any approved
application for development until all fees as set forth herein are paid and the developer
signs an Escrow Fee Agreement.
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§ 143-44 BUTLER CODE § 143-47
§ 143-44. Soil permits.
The following fees shall accompany an application for a soil permit:
A. Minor soil permit: $10 plus inspection fees required during the course of operation not to
exceed the sum of $35.
B. Major soil permit: $0.01 per cubic yard of soil to be moved with a minimum fee of $10
plus inspection fee as required, not to exceed the sum of $35 per inspection and not more
than two inspections per month.
ARTICLE VII
Application Procedures
§ 143-45. Applicability.
Prior to the subdivision or resubdivision of land and prior to the issuance of a construction
permit or certificate of occupancy for any development, an application shall be submitted to
and approved by the Planning Board in accordance with the requirements of this chapter,
except that subdivision or individual lot applications for detached one-or two-family dwelling
unit buildings shall be exempt from site plan review and approval. Except for detached one-or
two-family dwelling unit buildings and buildings and uses accessory thereto, site plan
approval shall be required for any new building, any addition to any existing building, any
off-street parking area or alteration of such a parking area, any change in use of a building or
part thereof, any change or modification to the exterior design or appearance of a building and
any excavation, removal of soil, clearing of a site or placing of any fill. Whenever the Board
of Adjustment has jurisdiction over an application, it shall act in the same manner and in the same
capacity as the Planning Board as hereinafter provided.
§ 143-46. Waiver.
The Planning Board may, upon receipt of a letter of intent from an applicant, waive the
requirement of site plan review and approval if it determines that the proposed development
meets the requirements of this chapter and would not be subject to any improvements as may
be the subject of this chapter. Said letter of intent shall describe the proposed use or change in use
and operations to be conducted in sufficient detail to allow the Planning Board to make an
informed decision relative to waiver of site plan submission. The standard to be applied by the
Planning Board in making its decision shall be whether the proposed use or change of use changes,
alters or enlarges the previous use or will change, alter, enlarge or affect drainage, traffic, parking,
sidewalks, paving, landscaping, fencing, sanitary disposal or other similar consideration under the
site plan review requirements.
§ 143-47. Informal review of concept plan.
At the request of the developer, the Planning Board shall grant an informal review of a
concept plan for a development for which the developer intends to prepare and submit an
application for development. The developer shall not be bound by any concept plan for which
review is requested, and the Planning Board shall not be bound by any such review.
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§ 143-48 LAND USE § 143-49
§ 143-48. Filing.
An application for development shall be filed with the Secretary of the Planning Board and
shall be accompanied by required fees as provided in Article VI and shall be included or be
accompanied by all data and information listed in the Checklist for Completeness of
Application as provided in § 143-49. Any maps and documents for which approval is sought
at a hearing shall be on file and available for public inspection at least 10 days before the date
of the hearing during normal business hours in the office of the Administrative Officer. The
applicant may produce other documents, records, or testimony at the hearing to substantiate or
clarify or supplement the previously filed maps and documents. Immediately after filing, the
application shall be submitted by the Secretary of the Board to the Subdivision and Site Plan
Committee for preliminary review and recommendation to the full Planning Board.
§ 143-49. Completeness of application.
A. An application for development shall be complete for purposes of commencing the applicable
time period for action by the Planning Board when so certified by the Board or its
authorized committee or designee. In the event that the agency, committee or designee
does not certify the application to be complete within 45 days of the date of its submission,
the application shall be deemed complete upon the expiration of the 45 days period for
purposes of commencing the applicable time period unless a. the application lacks
information indicated on the appropriate checklist for determining completeness of
application and b. the municipal agency or its authorized committee or designee has
notified the applicant, in writing, of the deficiencies in the application within 45 days of
submission of the application. The applicant may request that one or more of the
submission requirements be waived, in which event the agency or its authorized
committee shall grant or deny the request within 45 days. Nothing herein shall be
construed as diminishing the applicant's obligation to prove in the application process
that he is entitled to approval of the application. The municipal agency may subsequently
require correction of any information found to be in error and submission of additional
information not specified in the ordinance or any revisions in the accompanying
documents, as are reasonably necessary to make an informed decision as to whether the
requirements necessary for approval of the application for development have been met.
The application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompany documents so required by the municipal
agency.
B. For the purposes of administering this section, the following checklists for determining
completeness of applications is hereby adopted and made part of this Ordinance (See
Appendix):
(1)
Checklist No. 1. Minor Subdivision, Preliminary Major Subdivision, Final Major
Subdivision, Minor Site Plan, Preliminary Major Site Plan, Final Major Site Plan.
(2)
Checklist No. 2. Variance; Appeal.
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§ 143-50. Combination and separation of applications.
A. Simultaneous review. The Planning Board shall have the power to review and approve or
deny conditional uses or site plans simultaneously with a review for subdivision approval
without the developer being required to make further application or the Board being required
to hold further hearings.
B. Separate application for variances or special permits.
(1) A developer may elect to submit a separate application requesting approval of a
variance or certain permits and a subsequent application for any required approval
of a subdivision, site plan or conditional use in the following instances:
(a) When seeking a variance.
(b) When seeking a permit for building or structure in the bed of a mapped
street, public drainage way, flood control basin or public area reserved on the
Master Plan or Official Map, or shown on a plat which has been filed prior to the
adoption of the Official Map.
(c) When seeking a permit for building or structure not related to a street.
(2) The separate approval of the variance shall be conditioned upon grant of all
required subsequent approvals by the Boards granting the variance approval.
ARTICLE VIII
Review Procedures
§ 143-51. General.
A. Hearing date; notification. Upon receipt of a complete application for preliminary subdivision
or site plan approval, the Board shall schedule a hearing date and notify the applicant who
shall give notice of such hearing as provided in § 143-32.
B. Distribution of copies. The Municipal Agency shall distribute copies of the application to
such Municipal, County, State and Federal officials and agencies as are required by law
and/or necessary to assist the municipal agency in making determinations.
C. Conditional approvals.
(1) In the event that a developer submits an application for development proposing a
development that is barred or prevented, directly or indirectly, by a legal action
instituted by any State agency, political subdivision or other party to protect the public
health and welfare or by a directive or order issued by any State agency, political
subdivision or court of competent jurisdiction to protect the public health and
welfare, the municipal agency shall process such application for development, and, is
such application for development complies with municipal development regulations,
the municipal agency shall approve such application conditioned on removal of such
legal barrier to development.
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(2) In the event that development proposed by an application for development requires
an approval by a governmental agency other than the municipal agency, the
municipal agency shall, in appropriate instances, condition its approval upon the
subsequent approval of such governmental agency; provided that the municipality
shall make a decision on any applications for development within the time period
provided herein or within an extension of such period as has been agreed to by the
applicant unless the municipal agency is prevented or relieved from so acting by
the operation of law.
§ 143-52. Time period for decision.
A. The Planning Board shall grant or deny the application within the times of submission of a
complete application prescribed below, or within such further time as may be consented to
by the applicant.
Period of Time for Action by
Municipal Agency
Type of Application
(days)
Minor subdivision or resubdivision
45
Preliminary plat — 10 lots or less
45
Preliminary plat — more than 10 lots
95
Final plat
45
Minor site plan
45
Preliminary site plan — 10 acres of land or
45
less
Preliminary site plan — more than 10 acres of
95
land
Final plat
45
Final site plan
45
Variance
120
Conditional use
95
Appeal of decision of administrative officer
120
Permit for structure in bed of public street,
120
public drainage way, flood control basin, or
public area reserved on master plan or official
map
Permit for structure not related to a street
120
B. In the event that there is an application for simultaneous review of a site plan,
subdivision, conditional use, variance, etc., the longest time period for action shall apply,
whether site plan, subdivision conditional use or variance.
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§ 143-52 BUTLER CODE § 143-56
C. Failure of the Planning Board to act within the period prescribed shall constitute approval
and a certificate of the Borough Clerk as to the failure of the municipal agency to act
shall be issued on the request of the applicant, and it shall be sufficient in lieu of the
written endorsement or other evidence of approval, herein required, and shall be so
accepted by the County Recording Officer for purposes of filing subdivision plats. The
applicant shall be notified of the municipal agency's action within one week of its action.
§ 143-53. Amended applications.
In the case of preliminary site plans and preliminary major subdivisions, if the Planning Board
requires any substantial amendment in the layout of improvements proposed by the developer that
have been the subject of a hearing an amended application shall be submitted and proceeded
upon, as in the case of the original application for development.
§ 143-54. Exceptions from site plan or subdivision requirements.
The Planning Board, when acting upon applications for preliminary site plan or preliminary or
minor subdivision approval shall have the power to grant such exceptions from the
requirements for site plan or subdivision approval as may be reasonable and within the
general purpose and intent of the provisions of site plan review and approval of this
ordinance, if the literal enforcement of one or more provisions of the ordinance is
impracticable or will exact undue hardship because of peculiar conditions pertaining to the
land in question.
§ 143-55. Submission of approved final plans.
Following approval of an application for final site plan or final subdivision approval, the
developer shall supply sufficient copies of the approved final plat or final plan so that the
Administrative Officer can distribute one copy of each of the following: Borough Clerk, Borough
Engineer, Board of Assessors of Taxes, Planning Board or Zoning Board of Adjustment, and any
other agency or person directed by the municipal agency.
§ 143-56. Minor subdivision and minor site plan procedure.
A. Filing. A minor subdivision or a minor site plan application shall be filed in accordance
with § 143-48 and shall contain all data and information required in Checklist No. 1.
B. Reclassification to major subdivision or major site plan. If it is determined that the
application is a major subdivision or site plan, the applicant will be so notified. No
further Planning Board action on the minor application shall be required and the
developer shall follow the procedures contained herein for preliminary and final
approval.
C. Revision. Should the Planning Board determine that the proposed development may
create, either directly or indirectly, an adverse effect on either the remainder of the
property being developed or nearby property, the municipal agency may require the
developer to revise the plan or plat. Where the remaining portion of the original tract is
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of sufficient size to be developed or subdivided further, the developer may be required to
submit a plat of the entire remaining portion of the tract to indicate a feasible plan
whereby the design of the proposed development, together with subsequent subdivisions
or development, will not create, impose, aggravate or lead to any such adverse effect.
D. Decision, conditions. The Planning Board shall either approve, approve the conditions or
disapprove all minor development proposals. Minor subdivision or minor site plan
approval shall be deemed to be final approval, provided that the Planning Board may
condition such approval on terms ensuring the provision of improvements pursuant to Article
IX. A notation to such effect, including the date of the Planning Board's action, shall be
made on all copies of the plat or plan and shall be signed by the Chairman and Secretary of
the Board, except that plats or plan shall not be signed until all conditions are incorporated
on the plat. All conditions on minor developments shall be complied with within 160
days of the meeting at which conditional approval was granted; otherwise the
conditional approval shall lapse.
E. Filing of approved subdivision plats. Except as provided in C 40:55D-47f., approval of a
minor subdivision shall expire 190 days from the date on which the resolution of
municipal approval is adopted unless within such period a plat in conformity with such
approval and the provisions of the "Map Filing Law," P.L. 1960, c. 141 (C.46:23-9.9 et seq.),
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 accepted for such filing shall have been signed by the Chairman and
Secretary of the Planning Board.
F. Effect of approval. The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision or minor site plan approval was
granted, shall not be changed for a period of two years after the date of approval. The
Planning Board shall grant an extension of this period for a period determined by the
board but not exceeding one year from what would otherwise be the expiration date, if
the developer proves to the reasonable satisfaction of the board that the developer was barred
or prevented, directly or indirectly, from proceeding with the development because
of delays in obtaining legally required approvals from other governmental entities and
that the developer applied promptly for and diligently pursued the approvals. A developer
shall apply for this extension before: (1) what would otherwise be the expiration date, or (2)
the 91st day after the date on which the developer receives the last of the legally required
approvals from the other governmental entities, whichever occurs later.
G. Reapprovals. In the event an applicant fails to comply with the recording requirements
set forth at N.J.S.A. 40:55D-47, he shall be required to reactivate his application and
seek a reapproval of the application. This reapproval shall be as if it is in the first
instance and shall be specifically set forth as an approval on the deed recorded in the
office of the County Clerk.
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§ 143-58
§ 143-57. Preliminary major subdivision and preliminary major site plan procedure.
A. Filing. A preliminary major subdivision or preliminary major site plan application shall
be filed in accordance with § 143-48, and shall contain all data and information required
in Checklist No. 1.
B. Hearing. If the application is found to be complete, a hearing shall be scheduled.
C. Decision. Following the public hearing, the Planning Board shall approve, approve the
conditions or deny the application.
D. Engineer's certification. The Planning Board shall not grant preliminary approval unless
and until the Borough Engineer has certified in writing that in his judgment plans for all
improvements, including stormwater control, are designed in accordance with sound
engineering practices and that the interests of the Borough and adjoining properties are
fully protected.
E. Effect of approval. Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date on which the resolution of preliminary
approval is adopted:
(1) That the general terms and conditions on which preliminary approval was granted
shall not be changed, including but not limited to use requirements; layout and
design standards or streets, curbs and sidewalks; lot size; yard dimensions and
off-tract improvements and any requirements peculiar to site plan approval, except that
nothing herein shall be construed to prevent the municipality from modifying by
ordinance such general terms and conditions of preliminary approval as relate to public
health and safety.
(2) That the applicant may submit for final approval on or before the expiration date
of preliminary approval the whole or a section or sections of the preliminary plat.
(3) That the applicant may apply for and the Planning Board may grant extensions on
such preliminary approval for additional period of at least one year but not to
exceed a total extension of two years, provided that, if the design standards have
been revised by ordinance, such revised standards shall govern.
§ 143-58. Installation of improvements; performance guarantee.
A. Prior to the granting of final subdivision approval, the developer shall have installed the
improvements required or shall have furnished performance guarantees as hereinafter
provided for the ultimate installation of said required improvements, all in accordance
with § 143-60.
B. Prior to the granting of final site plan approval, the developer shall have installed or shall
have furnished performance guarantees for the ultimate installation of any public on-tract
improvements described and provided in § 143-60 as may be required in connection with site
development. Also prior to the granting of final site plan approval, the applicant shall have
installed any on-site improvements specified in § 143-61.
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§ 143-59
C. Off-tract improvements. Also, prior to final subdivision or site plan approval, the
applicant shall have paid his pro rata share of the cost of any off-tract improvements
necessitated by his development as determined in accordance with the requirements of Article
X.
§ 143-59. Final major subdivision and final major site plan procedure.
A. Filing. A final major subdivision or major site plan application shall be filed in
accordance with § 143-48 and shall contain all data and information required in Checklist
No. 1.
B. Decision. The Planning Board shall grant final approval if the detailed drawings, specifications
and estimates of the application for final approval conform to the standards for final approval,
the conditions of preliminary approval and, in the case of a major subdivision, the standards
prescribed by the "Map Filing Law," P.L. 1960, c. 141 (C.46:23-9.9 et seq.)
C. Engineer's statement. The Planning Board shall not grant approval unless it is in receipt
of a letter from the Borough Engineer stating the following:
(1) He is in receipt of a map showing all utilities and other improvements, both in the
development and off-tract improvements, in exact location and elevation.
(2) He has examined the drainage, erosion, stormwater control and excavation plans
and found that the interests of the Borough and of nearby properties are fully protected
and identifying those portions of any improvements already installed.
(3) The subdivider has either installed all improvements in accordance with the
requirements of this chapter and the preliminary plat approval with a maintenance
guarantee accompanying the final plat; or posted a performance guaranty in
accordance with this chapter and the preliminary plat approval for all partially
completed improvements or improvements not yet initiated.
D. Filing of approved subdivision plats. Final approval of a major subdivision shall expire
95 days from the date of 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 signing of the plat. In order for a subdivision plat to
be accepted for filing by the County Recording Officer, such plat shall first have been
approved by the municipal agency as indicated on the instrument by the signature of the
Chairman and Secretary of the Planning Board or a certificate has been issued as to the
failure of the Board to act within the required time. The signatures of the Chairman and
Secretary shall not be affixed until the developer has posted the required guaranties. If
the County Recording Officer records any plat without such approval, such recording
shall be deemed null and void, and, upon request of the Borough, the plat shall be
expunged from the official record.
E. Effect of final approval. The zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the developer as part of preliminary
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§ 143-59
approval, whether conditionally or otherwise, shall not be changed for a period of two
years after the date on which the resolution of final approval is adopted; provided that in
the case of major subdivision the right conferred by this section shall expire if the plat
has not been fully recorded within the time period provided in subsection C. above. If the
developer has followed the standards prescribed for final approval, and, in the case of
subdivision, has duly recorded the plat as required in subsection C. above, the Planning
Board may extend such period of protection for extension of one year but not to exceed three
extensions. The granting of final approval terminates the time period of preliminary approval
for the section granted final approval.
F. Selling before final approval. If, before final subdivision approval has been granted, any
person transfers or sells or agrees to transfer or sell, except pursuant to an agreement
expressly conditioned on final subdivision approval, as owner or agent, any land which
forms a part of a subdivision for which municipal approval is required by ordinance,
such person shall be subject to a penalty not to exceed $1,000, and each lot disposition
so made may be deemed a separate violation.
(1) In addition to the foregoing, the municipality may institute and maintain a civil
action:
(a) For injunctive relief; and
(b) To set aside and invalidate any conveyance made to such a contract of sale if a
certificate of compliance has not been issued in accordance with § 143-59G
below.
(2) In any such action, the transferee, purchaser or grantee shall be entitled to a lien
upon the portion of the land, from which the subdivision was made that remains in
the possession of the developer or his assigns or successors, to secure the return of any
deposits made or purchase price paid, and also, a reasonable search fee, survey expense
and title closing expense, if any. Any such action must be brought within two years
after the date of the recording of the instrument of transfer, sale of conveyance of said
land or within six years, if unrecorded.
G. Certificates showing approval.
(1) Application. The prospective purchaser, prospective mortgagee, or any other
person interested in any land which forms part of a subdivision, or which formed
part of such a subdivision as of August 1, 1978, may apply in writing to the
Administrative Officer of the Municipality, for the issuance of a certificate
certifying whether or not such subdivision has been approved by the Planning
Board or Board of Adjustment. Such application shall contain a diagram showing
the location and dimension of the land to be covered by the certificate and the
name of the owner thereof.
(2) The Administrative officer shall make and issue such certificate with 15 days after
the receipt of such written application and the fees therefore. Said office shall keep
a duplicate copy of each certificate, consecutively numbered, including a statement
of the fee charged, in a binder as a permanent record in his office.
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(3)
Each such certificate shall be designated a "certificate as to approval of subdivision
of land," and shall certify:
(a) Whether there exists in said municipality a duly established Planning Board
or Board of Adjustment and whether there is an ordinance controlling subdivision
of land adopted under the authority of the Municipal Land Use Law (N.J.S.A.
40:55D-1, et seq.).
(b) Whether the subdivision, as it relates to the land shown in said application,
has been approved by the Planning Board or the Board of Adjustment, and, if so,
the date of such approval and any extensions and terms thereof, showing that
subdivision of which the lands are a part is a validly existing
subdivision.
(c) Whether such subdivision, if the same has not been approved, is statutorily exempt
from the requirement of approval as provided in this act.
(4)
The Administrative Officer shall be entitled to demand and receive for such
certificate issued by him a reasonable fee not in excess of those provided in R.S.
54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to
the municipality.
(a) Right of owner of land covered by certificate.
[1] Any person who shall acquire for a valuable consideration an interest in
the lands covered by any such certificate of approval of a subdivision in
reliance upon the information therein contained shall hold such interest free
of any right, remedy or action which could be prosecuted or maintained by
the municipality pursuant to § 143-59F.
[2] Any such application addressed to the Clerk of the municipality shall be
deemed to be addressed to the proper designated officer and the
municipality shall be bound thereby to the same extent as though the
same was addressed to the designated official.
ARTICLE IX
On-Tract and On-Site Improvements
§ 143-60. Installations for subdivisions.
Prior to the granting of final approval, the subdivider shall have installed the improvements listed
below, except that the approving authority may accept performance guarantees as set forth
in Article XI to assure the installation of said improvements. All improvements shall be subject
to approval and inspection by the Borough Engineer, who shall be notified by the developer at
least seven days prior to the start of construction of any improvements. No underground
installation shall be covered until inspected and approved. All improvements shall be
constructed in accordance with Article XII or other applicable Borough standards.
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§ 143-60 BUTLER CODE § 143-61
A. Streets.
B. Curbs.
C. Sidewalks.
D. Monuments.
E. Water main, fire hydrants, culverts, storm sewers including other necessary drainage structures
and installations and sanitary sewers.
F. Street signs.
G. Streetlights.
H. Street trees.
I.
Gas, electric, telephone and cable television lines, as necessary.
J.
Soil erosion and sediment control devices.
K. Culverts, storm sewers and storm drainage collection and detention and/or retention
basins. The storm drainage collection system and the detention and/or retention basin system
installed shall include storm sewers located within the beds of streets, culverts and inlets
and storm sewers running through designated easement areas and drainage pipes attached
thereto, as well as dry wells and swales, regrading, excavation, detention, retention and/or
recharge basins which are required by this Chapter to meet the objectives thereof,
all in accordance with Residential Site Improvement Standards at N.J.A.C. 5:21. Aspects of
residential major developments that are not pre-empted by the Residential Site
Improvement Standards at N.J.A.C. 5:21 shall conform to the requirements of
Article XXIII. The Borough Engineer may require of the Developer additional, reasonable,
drainage improvements in order to correct a drainage problem which develops during
the course of construction of single family homes in a subdivision. All such
drainage problems shall be rectified to the satisfaction of the Borough prior to the final
release of any Performance Guarantee posted as a Condition of Final Subdivision Approval.
[Added 11-20-2007 by Ord. No. 2007-29]
§ 143-61. Installation for site plans.
Prior to the granting of final approval, the applicant shall have installed or furnished
performance guarantees as set forth in Article XI for the ultimate installation of any required
public on-tract improvements as the same are described and under the same conditions established
in § 143-60. In addition, the Planning Board may require the installation of on-site improvements,
as described below prior to the granting of final approval which it finds essential before
the issuance of a building permit. All such improvements shall be subject to approval and
inspection of the Borough Engineer as provided in § 143-67. All improvements shall be
constructed in accordance with Article XIII or other applicable Borough standards.
A. Off-street parking and loading areas and access thereto.
B. Curbing.
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§ 143-61 LAND USE § 143-63
C. Landscaping and screening.
D.
Exterior lighting.
E. Sidewalks and other means of pedestrian access.
F.
On-site utilities, including drainage, water, sanitary sewer, electric and natural gas.
G. Solid waste storage and recycling facilities.
H. Other items of construction including, but not limited to, retaining walls, guard rail,
fencing and traffic control devices, necessary in the interest of public safety and convenience
or for the purpose of protecting adjoining property.
I. Drainage. All parking and loading areas shall be graded and equipped with storm
drainage collection and detention facilities as required in Article XXIII. [Added
11-20-2007 by Ord. No. 2007-29]
J.
Stormwater management. Stormwater Management systems and the maintenance thereof
shall be in conformance with the requirements of Article XXIII. [Added 11-20-2007 by
Ord. No. 2007-29]
ARTICLE X
Off-Tract Improvements
§ 143-62. Approval prerequisites.
Prior to the grant of final approval of any major development or the grant of approval of any minor
development proposal or proposal prior to the issuance of any building permits for any land use,
including any residence or other use of property on an unimproved street, the developer
shall pay his pro rata share of the cost of providing any reasonable and necessary street
improvements and water, sewerage and drainage facilities, and easements therefore, located
outside the property limits of the development but necessitated or required by construction or
improvements within the development. All payments shall be in the manner provided herein, it
being the intent of this Article that the developer bear that portion of the cost which bears a
rational nexus to the needs created by the development and benefits conferred upon such
development.
§ 143-63. Determination of nature of improvement.
A. Consistent with the provisions of this Article, the governing body with the assistance of
the Planning Board and other appropriate Borough departments, shall, prior to the imposition
of any conditions on an applicant for a development, determine whether the off-site
improvement is to be constructed by the Borough as a general improvement or as a local
improvement or whether such development is to be constructed by the developer with a
formula providing for partial reimbursement if the improvement specially benefits properties
other than the development.
B. Once the foregoing determination has been made, the Planning Board shall estimated,
with the aid of the Borough Engineer and such other persons having pertinent
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§ 143-64
information or expertise, the cost of the improvement and the amount by which all properties
to be serviced thereby, including the development property, will be specially benefited
therefrom.
C. Following the aforesaid determinations by the Planning Board, the developer may be
required to provide, as a condition for approval, a performance guarantee to insure
payment to the Borough of one of the following amounts:
(1) If the improvement is to be constructed by the Borough as a general improvement,
an amount equal to the difference between the estimated cost of the improvement
and the estimated total amount by which all properties to be serviced thereby, including
the developer's property, will be specially benefited by the improvement.
(2) If the improvement is to be constructed by the Borough as a local improvement,
then, in addition to the amount referred to in Subsection C(1) above, the estimated
amount by which the development property will be specially benefited by the
improvement.
(3) If the improvement is to be constructed by the applicant, an amount equal to the
estimated cost of the improvement.
D. The amounts of money required pursuant to this Article shall be estimated sums, and
such amounts shall be redetermined by the Borough following the completion of the
improvements to insure that the developer shall pay only his appropriate share of the cost
thereof.
E. Should a developer pay under protest the amount which has been determined as his pro
rata share, legal action shall be instituted within one year of such payment in order to preserve
the right to a judicial determination as to the fairness and reasonableness of such amount.
§ 143-64. Assessment of properties.
A. The Borough shall assess all properties, other than the property of the applicant,
benefiting from installation of any off-site improvements, based upon the actual cost thereof.
However, principal amounts received by the Borough from such assessments, together with
interest from property owners who have elected to pay for said assessments over a period
of years, shall, in the case where the developer is the installer of the off-site
improvements, be credited to the real estate account of the developer's property. In the
case where there has been an apportionment of cost against the Borough for the required off-
site improvements, then the Borough shall pay its portion of the cost to the developer no
more than three months after the completed installations have been approved by the
Borough Engineer.
B. In the event of any default in payment of an assessment levied by the Borough pursuant
to Subsection A above, then the Borough shall exercise its remedies elsewhere provided, and
if thereafter the balance of principal and interest due upon the subject assessment has not
been fully satisfied by the payment to the Borough and credit hereof given to the real
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§ 143-64 LAND USE § 143-66
estate account of the developer's property, then the Borough shall forthwith pay said
balance to the developer or his then successor in interest.
§ 143-65. Developer's share of cost for improvements not installed by developer.
In the event that the developer shall not be required to install off-site improvements by virtue
of the provisions of this Article, then there shall be paid to the Borough Treasurer the amount
of the developer's share of the finally determined cost of the off-site improvement. All
moneys received by the Borough in accordance with the provisions of this Article shall be
deposited in an interest bearing account, and such funds shall be used only for the
improvements for which they are deposited or improvements serving the same purpose. If the
improvements are not initiated for a period of 15 years from the date of payment, or other mutually
agreeable period of time, all deposited funds shall be returned to the developer, together
with accumulated interest.
ARTICLE XI
Performance and Maintenance Guarantees; Inspection; Agreement
§ 143-66. Improvements, guarantees and insurance requirements.
A. Minor subdivision; site plans. Where improvements are required by the Chapter to be
constructed as a condition of approval of a minor subdivision or a site plan, the
developer shall complete all such improvements within one year from the date of
approval of said minor subdivision or site plan. The developer shall also post with the
Borough a performance guarantee acceptable to the Borough Attorney in an amount
equal to 120% of the estimated cost of said improvements of which 10% of the total
amount shall be in cash or certified check. If an extension of time for performance is
granted by a municipal agency, the amount of the performance guarantee shall be reexamined
and, where necessary, shall be increased.
B. Improvements or guarantees required for final approval of major subdivisions; site plans.
(1) Installation of improvements. Before consideration of a final subdivision plat or
final site plan the developer may elect to install all required improvements as
specified in § 143-60 or § 143-61, under the supervision and inspection of the Borough
Engineer or may elect to have installed: (a) the final surface course of the street
pavement; (b) sidewalks; (c) monuments; (d) streetlights; (e) street signs and (f)
shade trees, and post a performance guarantee acceptable to the Borough Attorney
in an amount equal to 120% of the estimated cost of the remaining improvements, of
which 10% of the total amount shall be in cash or certified check for the later
installation of said remaining improvements. Where developer has elected to install
improvements and has posted the required performance guarantees in an amount
equal to 120% of the estimated cost of the balance of improvements estimated by the
Borough Engineer, he shall be entitled to file the final subdivision plat and may also
obtain building permits in the subdivision or section thereof for which final
subdivision approval was obtained.
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§ 143-66
(2) Posting of improvement guarantees. Instead of installing improvements and
guarantees pursuant to paragraph (1) above, a developer may elect to post improvement
guarantees approved by the Borough Attorney in an amount equal to
120% of the estimated cost of all improvements required by the municipal agency,
as determined by the Borough Engineer, and upon filing of said acceptable
performance guarantees, the developer shall be entitled to the signed final plats;
however, no building permits shall be issued until the completion of all
improvements except those specified in items (a) through (e) in paragraph (1)
above on any street for which a building permit is sought, as well as all
improvements required for the benefit or protection of all property owners in the
development, such as drainage facilities, streetlighting and installation of other
necessary utilities. All improvements covered by the performance guarantees shall
be completed within two years of final approval unless and extension of time is granted
by the approving municipal agency.
(3) Where the developer elects to post improvement guarantees, pursuant to this subsection,
the final plat or final site plan shall contain the following statement in bold letters.
Notice
Construction of all required improvements are to be completed within two years
of final approval unless an extension of time has been obtained from the
governing body. The municipality has no obligation to construct any
improvements not commenced, nor to complete any improvements commenced
by developer except to the extent of funds received from the performance guarantees
posed by developer with the municipality.
C. General liability insurance requirements. The Developer shall file with the Borough
Council a general liability insurance policy at the same time that he files any required
performance guarantee provided, however, that the municipal agency may waive this
requirement for good cause when the agency attorney and engineer so advise. The
Borough Attorney shall approve any policy as to form. The policy shall be of the same
term as the performance guarantee and shall be extended in conformance with any
extension of the performance guarantee. The policy shall insure the Borough and the
developer and cover all operations in the development involving existence and
maintenance of property and buildings and contracting operations of every nature
including all public improvements. The policy shall have limits of liability of at least
$100,000 for bodily injury for each person and $300,000 liability on the aggregate for
each accident and $25,000 aggregate property damage liability, provided; however, that such
limit shall be considered minimum and higher liability limits may be required by the
municipal agency or by the Borough Council with respect to specific projects where the
possible liability would warrant such increase.
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§ 143-67
§ 143-67. Release of guarantees; inspection of improvements.
A. The time allowed for installation of the improvements for which the performance
guarantee has been provided may be extended by the Borough Council by resolution. As
a condition as part of any such extension, the amount of any performance guarantee shall
be increased or reduced in accordance with the provisions of N.J.S.A. 40:55D-53 by the
Borough Council by resolution where portions of the improvements have been certified
by the Borough Engineer to have been completed.
B. If the required improvements are not completed or corrected in accordance with any
performance guarantee the obligor insurety, if any, shall be liable thereon to the Borough for
the reasonable cost of the improvements not completed or corrected and the Borough may
either, prior to or after the receipt of the proceeds thereof, complete said
improvement.
C. Upon substantial completion of all required appurtenant utility improvements, and the
connection of same to the public system, the obligor may notify the governing body in
writing, by certified mail addressed in care of the municipal Clerk of the completion or
substantial completion of improvements and shall send a copy thereof to the municipal
engineer. Thereupon the municipal engineer shall inspect all improvements of which such
notice has been given and shall file a detailed report, in writing, with the governing body,
indicating either approval or rejection of such improvements with a statement of reasons
for any rejection. The cost of the improvements as approved or rejected shall be set forth.
D. The Borough Council shall either approve, partially approve or reject the improvements,
on the basis of the report of the Borough Engineer and shall notify the obligor in writing
by certified mail of the contents of the report and the action of the approving authority
with relation thereto, not later than 65 days after receipt of the notice from the obligor of
the completion of the improvements. Where partial approval is granted the obligor shall
be released from all liability pursuant to its performance guarantee except for that portion
adequately sufficient to secure provision of the improvements not yet approved; provided
that 30% of the amount of the performance guarantee may be retained to ensure
completion of all improvements. Failure of the governing body to send or provide such
notification to the obligor within 65 days shall be deemed to constitute approval of the
improvements and the obligor and surety, if any, shall be released from all liability
pursuant to such performance guarantee.
E. If any portion of the required improvements is rejected, the approving authority may
require the obligor to complete such improvements and, upon completion, the same
procedure of notification as hereinabove set forth shall be followed.
F. All improvements which will be subject to acceptance by the Borough Engineer shall be
subject to inspection by the Borough Engineer, who shall be notified by the Developer at
least 24 hours prior to the start of construction. No underground installation shall be
covered until inspected and approved by the Engineer. The obligor shall reimburse the
Borough for all reasonable inspection fees paid to the Borough Engineer for the
foregoing inspection improvements.
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§ 143-68 BUTLER CODE § 143-70
§ 143-68. Developer's agreement.
A. Prior to any construction and coincident with the furnishing of the performance guaranty
by the developer, there shall be drafted an agreement between the developer and the Borough
of Butler incorporating all of the terms and conditions of approval imposed by the Planning
Board. The agreement must contain the following provision: "It is hereby understood and
agreed that in the event the principal shall default in the performance of its obligation
under this agreement, then the Borough shall perform said principal's obligation at the option
of the Borough Council." Any cost incurred by the Borough in performing the principal's
obligation shall be charged to the developer under conditions to be established in the
agreement.
B. Implicit in every preliminary approval and part of each such agreement in connection
with final approval shall be the agreement of the developer to:
(1) Procure any drainage, sight triangle, snow removal and other appropriate
easements as are deemed necessary by the approving authority.
(2) Make such revisions in the development plan as may be reasonably required before
or during construction by the Borough Engineer. All drainage problems shall be
resolved to the satisfaction of the Borough Engineer prior to the acceptance by the
Borough of any road and related improvements in the subdivision.
§ 143-69. Maintenance guaranty.
The agreement shall provide for a maintenance guaranty to be posted with the governing body for
a period to two years after final acceptance of the improvements in an amount not to exceed
15% of the cost of the improvements. In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or the improvements are covered by a
performance or maintenance guaranty to another governmental agency, no performance or
maintenance guaranty, as the case may be, shall be required by the municipality for
such utilities or improvement. The Borough Engineer and the Planning Board shall review the
maintenance bond, and it shall be reviewed by the Borough Attorney as to form, sufficiency
and execution and approved by the governing body. The maintenance bond shall be expressly
conditioned upon the maintenance by the subdivider of all such improvements for a
period of two years and particularly shall guarantee the remedying of any defects in such
improvements which occur during said period. The maintenance guaranty shall further guarantee
the replacement of any dead or diseased shade trees and plantings.
§ 143-70. Inspection fees.
The agreement shall also provide that the obligor reimburse the Borough for all reasonable
inspection fees paid to the Borough Engineer for the foregoing inspection of improvements,
provided that the Borough may require of the developer a deposit for all or a portion of the
reasonably anticipated fees to be paid to the Borough Engineer for such inspection.
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§ 143-73
§ 143-71. Development by stages or sections.
In the event that final approval is by stages or sections of development, the provisions of this
section shall be applied by stage or section.
ARTICLE XII
Design and Construction Standards for Subdivisions
§ 143-72. General.
A. Development pattern. The development shall conform to design standards that will
encourage good development patterns within the Borough.
B. Conformity to master plan and official map. The development shall conform to the
proposals and conditions shown on the Official Map and Master Plan. The streets,
drainage rights-of-way, school sites, public parks and playgrounds shown on an officially
approved Master Plan or Official Map shall be considered in the approval of subdivision
plats.
C. Conformity with statutes. Streets and drainage rights-of-way shall be shown on the final plans
in accordance with the applicable statutes of New Jersey and shall be such as to lend
themselves to the harmonious development of the Borough and enhance in the public
welfare in accordance with the design standards in the following subsections.
§ 143-73. Streets.
A. General. All new streets and roads in the Borough shall be graded to a minimum width
of 50 feet. The road bed shall be thoroughly compacted and the street shall be paved with a
ten-inch thick Bituminous Concrete Pavement, consisting of a four-inch thick Dense Graded
Aggregate Base Course, a four-inch thick Bituminous Stabilized Base Course, Mix 1-
2, and two-inch thick Bituminous Concrete Surface Course, Mix 1-5. All construction
and construction methods shall be in accordance with the "New Jersey Department of
Transportation Standard Specifications for Road and Bridge Construction,
1989", including amendments and supplements, except as modified below:
(1) Four-inch-thick dense graded aggregate base course. No stone shall be laid on the
subgrade until the subgrade has been thoroughly inspected by the Borough
Engineer or his duly authorized representative and meets his approval. Copies of
supplier delivery slips shall be furnished to the Borough Engineer for information
purposes.
(2) Four-inch-thick bituminous stabilized base course, Mix 1-2. Bituminous stabilized
base course shall not be installed until the dense graded aggregate base course has been
thoroughly inspected by the Borough Engineer or his duly authorized representative
and meets his approval. The Borough Engineer shall be given 72 hours' notice of
the intention to install the Bituminous Concrete Surface Course. Copies of supplier
delivery slips shall be furnished to the Borough Engineer for information purposes.
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§ 143-73
B. Arrangement. The arrangement of streets not shown on the Master Plan or Official Map shall
be such as to provide for the appropriate extension of existing streets.
C. Minor streets. Minor streets shall be so designed as to discourage through traffic.
D. Marginal access. Subdivision abutting arterial streets shall provide a marginal service
road or reverse frontage with a buffer strip or planting or some other means of separation
of through and local traffic as the Planning Board may determine appropriate.
E. Right-of-way width. The right-of-way width shall be measured from lot line to lot line
and shall not be less than 50 feet or such greater width as may be shown on the Master
Plan or Official Map.
F. Pavement width. The pavement width of public streets shall be measured from curb to
curb shall be bounded by concrete or granite block curbing and shall not be less than 30
feet unless a greater width is shown on the Master Plan or Official Map.
G. Grades. Grades of all streets in general shall conform to topography and shall not be less
than 1% nor greater than 10% for minor and collector streets and 5% for arterial streets.
H. Reserve strips. No subdivision showing reserve strips controlling access to streets shall
be approved, except where the control and disposal of land comprising such strips has
been placed in the governing body under conditions approved by the Planning Board.
I. Existing streets. Subdivisions that adjoin or include existing streets that do no conform to
the widths as shown on the Master Plan or Official Map or the street width requirement
of this chapter shall dedicate additional width along either one or both sides of said road.
If the subdivision is along one side only, 1/2 of the required extra width shall be
dedicated.
J. Intersections. Street intersections shall be as nearly at right angles as is possible and in
no case shall be less than 60°. The block corners at intersections shall be rounded at the
curbline with a curve having a radius of not less than 35 feet and rounded at the property line
with a curve having a radius of not less than 25 feet. No more than two streets shall meet or
intersect at any one point.
K. Sidewalks. All new streets and roads in the Borough shall be provided with concrete
sidewalks along the entire frontage of the roadway, including both sides and around
culs-de-sac. The sidewalk shall be constructed as follows:
(1) Size. Concrete sidewalks shall be four feet wide where there is no existing
sidewalk and shall be the same width as the sidewalk being replaced where there is
existing sidewalk. Where the Borough finds the existing sidewalk too narrow and
conditions allow for a widening, the sidewalk shall be four feet wide or the
maximum allowable for conditions. The sidewalk shall be four inches thick, except
at driveways. At driveways, including aprons, the sidewalk shall be six inches
thick with reinforcing.
(2)
Strength and reinforcing. The concrete shall be 4,000 psi (pounds per square inch)
strength. Reinforcing shall be 10 gauge, six-inch-by-six-inch welded wire fabric.
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Steel or plastic fillers may be used to provide the equivalent strength as wire
fabric.
(3)
Mixing and placing of concrete. The concrete shall be placed on a firm foundation.
Unstable material shall be removed and replaced with acceptable compacted
material. Immediately before placing the concrete, the underlying materials shall be
thoroughly dampened and the forms given a coating of light oil. Where removed
and used again, the forms shall be thoroughly cleaned and oiled each time before
using.
(4)
Finishing.
(a) The concrete shall be struck off with a transverse template resting upon the
side forms. After the concrete has been struck off the required cross-section,
it shall be finished with floats and straightedges until a smooth surface has
been obtained. When the surface of the concrete is free from water and just
before the concrete attains its initial set, the surface shall be gone over and
finished with a wooden float and brushed with a wet, soft-haired brush. The
surface of the concrete shall be so finished as to drain completely at all times.
All edges shall be finished and rounded with an edging tool having a radius
of 1/4 inch.
(b) The surface shall be divided into blocks by use of a grooving tool. Grooves
shall be so placed as to cause expansion joint to be placed at a groove line.
The grooves shall be cut to a depth of not less than 1/2 inch. The edges of
the groove shall be finished with an edging tool having a radius of 1/4 inch.
(5)
Expansion joints.
(a) Expansion joints shall be 1/2 inch wide, placed at intervals of approximately
20 feet and shall be filled with preformed expansion joint filler. Expansion joints
shall be formed around all appurtenances such as manholes and utility poles
extending into or through the concrete. Preformed expansion joint filler,
1/4 inch thick, shall be installed in these joints. Expansion joint filler shall be
installed between concrete and any fixed structure, such as a building or
bridge. The expansion joint material shall extend for the full depth.
(b) The top and ends of expansion joint material shall be cleaned as concrete,
and the expansion joint material shall be so trimmed as to be slightly below
the surface of the concrete.
(6)
Protection and curing.
(a) Forms may be removed when the removal does not damage the concrete. No
pressure shall be exerted upon the concrete when removing forms. When the
ambient temperature is expected to fall below 40° concrete shall not be
placed. An exception shall be when the Borough determines a delay is a problem.
In such conditions, provisions shall be made to protect the concrete against
freezing.
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Pedestrians will not be permitted upon concrete sidewalks or driveway aprons
until 24 hours after finishing concrete. Vehicles or loads shall not be
permitted on any sidewalk, driveway, or median until the concrete has
attained sufficient strength.
(c)
Such barricades and protection devices as are necessary shall be constructed
and placed to keep pedestrians and other traffic off the sidewalks and
driveway aprons.
(d) Any sidewalk or driveway damaged shall be repaired by removing concrete
within groove limits and replacing it with concrete of the type and finish as is
in the original construction. Damage caused by construction operations or
cold weather shall be repaired.
L.
Street jogs. Street jogs with center-line offsets of less than 125 feet shall be prohibited.
M. Tangents. A tangent at least 50 feet long on minor streets, 100 feet long on collector
streets and 300 feet long on arterial streets shall be introduced between reverse curves.
N. Street line deflection. When connecting street lines deflect from each other at any one
point by more than 10° and not more than 45°, they shall be connected by a curve with a
radius of not less than 100 feet for minor streets and 300 feet for collector and arterial streets.
O. Changes in grade. All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance.
P. Dead-end streets (cul-de-sac). Dead-end streets (cul-de-sac) shall not be longer than 600
feet and shall provide a turnaround at the end with a radius of not less than 50 feet and tangent,
whenever possible, to the right side of the street. If a dead-end street is of a temporary nature,
a similar turnaround may be required. When such provisions are made, the developer shall
also provide for the excess right-of-way to be conveyed to the adjoining property
owners at the time provisions are made for the extension of the street. An easement for snow
removal extending 10 feet beyond the pavement of the cul-de-sac shall be provided unless
the right-of-way extends at least 10 feet beyond the pavement.
Q. Street names. No street shall have a name which will duplicate or nearly duplicate so as
to be confused with the names of existing streets. The continuation of an existing street
shall have the same name.
R. Sight triangles. Sight triangles shall be required at each quadrant of an intersection of
streets and streets with driveways. The area within a sight triangle shall be dedicated
easement by deed as a part of the street right-of-way and shall be maintained as a part of
the lot adjoining the street or site plan as a sight triangle easement. Within a sight
triangle, no grading, planting or structure shall be erected or maintained more than 30
inches above the curb or edge of the roadway or lower than eight feet above the
center-line grade of either intersecting street or driveway, excluding street name signs or any
signs as regulated by the Manual of Uniform Traffic Control Devices. Where any street
or driveway intersection involves earth or rock banks or vegetation, including trees, the
developer shall trim such vegetation and remove the trees as well as establish proper
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excavation and grading at the direction of the Borough Engineer to provide the sight triangle.
The sight points located on each of the two intersecting street center-lines shall be the
following distances away from the intersecting street center lines; arterial streets at
300 feet, collector streets at 200 feet, primary and secondary streets at 90 feet and
driveways at 45 feet. Where the intersection streets are both arterial, both collectors or
one arterial and one collector, two overlapping sight triangles shall be required, formed
by connecting the sight points aforementioned with a sight point 90 feet on the
intersecting street. Any proposed construction requiring site plan approval shall provide
sight-triangle easements at each driveway, with the driveway classified as a secondary
local street for the purpose of establishing distances. A sight-triangle easement dedicated
shall be expressed on the plat as follows: "Sight-triangle easement subject to grading,
planting and construction restrictions as directed by the Borough Engineer." Portions of a lot
set aside for the sight triangle shall be calculated in determining the lot area and may be
included in determining the minimum setbacks required by the Zoning Regulations.
§ 143-74. Blocks.
A. General. Block length and width or acreage within bounding roads shall be such as to
accommodate the size of the lot required in the area by the zoning regulations and to
provide adequately for sewage disposal, convenient access, circulation, control and safety
of street traffic.
B. Size. Blocks shall not be less than 600 feet nor more than 1,200 feet in length and not a lesser
number of feet in width than is necessary to comply with the zoning regulations except where
the municipal agency may deem that the existing conditions or special plans warrant a
variation from such minimum requirements.
C. Commercial. Block sizes for commercial, business or industrial use shall be sufficient to meet
all area and yard requirements for such use.
§ 143-75. Lots.
A. General. Lot dimensions, front, side and rear yards, frontage and total area in square feet
shall not be less than the requirements of the zoning regulations of the Borough.
B. Side lines. Insofar as is practical, side lot lines shall be at right angles to streets and
radial to curved streets.
C. Setbacks. Where extra width has been dedicated for widening of existing streets, lots
shall begin at such extra width line, and all setbacks shall be measured from such line.
D. Substandard suitability. Where there is a question of the suitability of a lot or lots for
their intended use due to factors such as flood conditions, sewage disposal or similar
circumstances, the municipal agency may, after adequate investigation with professional
assistance, if deemed necessary, withhold approval of such lots.
E. Lot grading. A preliminary grading and drainage system plan shall be a part of the
preliminary layout. The drainage system and contouring of the land shall conform to
design criteria furnished upon request by the Borough Engineer. The drainage system
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shall be adequate to discharge or store and discharge the stormwater runoff and natural
drainage water which originate not only within the property boundaries but also upstream
or upland of the property boundaries. No stormwater runoff or natural drainage water
shall be so diverted as to overload existing drainage systems or create flooding or the
need for additional drainage structures on other private properties or public lands without
proper and approved provisions being made for taking care of those conditions.
(1) The lot grading plan shall include the following information.
(a) Existing and proposed grades represented by contours at two-foot intervals
when grades are below 20%, at five-foot intervals when grades are above
20% and by spot elevations when flatness of the plot makes the use of
contours impractical. Existing contours shall be shown for a distance of 25
feet beyond the plot limits.
(b) Existing and proposed elevations at all plot corners, building corners, centers
of swales, disposal bed corners and at the locations of all changes in direction
of stormwater flow.
(c) Cross-sections at driveway entrances and proposed elevations at change in
grade of driveways and walks, as well as the proposed and existing curb,
sidewalk and road elevations at the plot corners and at changes in grades.
(d) Swales and other means for the disposition of all stormwater runoff
originating within the plot and of stormwater originating outside the plot and
which will flow into the plot.
(e) The proposed buildings, including all overhangs, the number of stories and
the proposed elevation of all floors, basements and cellar and the front and
side setback distances.
(f)
All proposed walks, driveways, sidewalks and curbs, with widths shown.
(g) Type and width of existing pavement and width of the right-of-way on the
road on which the plot fronts.
(h) Metes and bounds of all property lines, monumentation at all property
corners and location of any existing fences, hedges, etc., along the property
lines.
(i)
Any changes in grade shall not exceed a slope of 3:1.
(2) If the Borough Engineer finds that in the process of construction or as a result of
changes in grades, risks or problems of soil erosion, drainage or other hazards are
present, he shall require the applicant to submit a soil erosion and sediment control
and/or a drainage study, as applicable.
(3) Following final approval, but prior to the issuance of a building permit, the
applicant shall submit to the Borough Engineer for his approval a separate detailed
plot plan of each lot, in duplicate, prepared by a licensed professional engineer,
showing all information required by Section § 143-75E.(1). Upon receipt of said
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site plan, the Borough Engineer shall review the plan and determine whether or not
it meets the standards set forth in this chapter. Upon making such a determination,
the Engineer shall retain one copy and forward one copy of the site plan to the
Construction Official.
(4) A driveway serving single family residences shall be constructed so that there be a
grade of 2% starting at the curbline and running for a distance of not less than 12
feet. There shall be a standing area in front of the garage a minimum of 25 feet in
length with a grade not to exceed 5% The portion of the driveway connecting to
the standing area of the garage and the 2% grade from the curbline shall be constructed
with smooth transitional curves and shall not exceed a grade of 15%.
§ 143-76. Streetlights.
Streetlights are to be installed by the utility company at each street intersection and at such
other points so that the distance between light shall not exceed 500 feet. The cost of such
installation shall be borne by the developer.
§ 143-77. Guard rails.
Guard rails shall be installed where deemed necessary by the Borough Engineer and to his
specifications.
§ 143-78. Street signs.
Street signs shall conform to already existing street signs in the Borough and shall be placed
at each street intersection, in accordance with applicable Borough ordinances and state statutes
in such manner that the name of each intersecting street is clearly visible to approaching
traffic.
§ 143-79. Street trees.
A. Where required by the Planning Board, not less than two new shade trees shall be
installed on each lot not closer than 25 feet to any existing or proposed streetlight or
street intersection and installed in the front of the lot between the building and the street
right-of-way area, and in a line with other trees planted on the same side of the same
street and shall be installed so as not to interfere with utilities, roadways, schoolways or
sidewalks. Trees shall be nursery-grown stock not less than 2 1/2 inches in diameter,
planted and staked in a manner approved by the municipal agency. Trees shall be of the
following species:
Acer campestre — Hedge Maple
Acer rubrum "October Glory" — October Glory Red Maple
Fraxinus americana "Autumn Purple" Autumn Purple Ash
Fraxinus pennsylvanica — Green Ash (seedless cultivars only)
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Ginkgo biloba — Ginkgo, Maidenhair tree (males only)
Glediotsia triacanthos inermis — Thornless Honeylocust (seedless cultivars only)
Liquidambar styraciflua — Sweetgum
Pyrus calleryana "Bradford" — Bradford Callery Pear (or equivalent)
*Quercus palustris "Sovereign" — Sovereign Pin Oak
*Quercus rubra — Red Oak
Sophora japonica "Regent" — Regent Scholartree
Tilia cordata "Greenspire" — Greenspire Littleleaf Linden
Zelkova serrata "Green Vase" or "Village Green" — Japanese Zelkova
*NOTE: Produces some litter by fruit etc. Should not be used where litter is a concern
(i.e., adjacent to driveways, parking areas, steps, etc.)
B. All trees not surviving after two years shall be replaced by the developer. Other species
may be proposed in writing to the municipal agency for its approval. The municipal
agency may require the subdivider or developer, at his sole expense, to retain a qualified
person to report to the engineer as to what can be done to save the existing trees, etc.
§ 143-80. Monuments.
Monuments shall be of the size and shape required by N.J.S.A. 46:23.9.11 and shall be placed
in accordance with the requirements of the statute and the specifications of the Borough.
§ 143-81. Utilities and drainage.
A. General. All utilities, including water, sewerage, gas, electric, telephone and television
shall be installed underground. All such installations shall be connected with an adequate
approved system and shall be adequate for all present and future development of the
subdivision and surrounding areas and shall be made in accordance with construction and
specification standards of the Borough and Morris County where applicable and as
approved by the Engineer.
B. Inlets and storm drains. Inlets and other drainage structures shall be constructed in
accordance with the construction standards and specifications of the Borough as
approved by the Engineer and located where directed by the Engineer. All stormwater drains
shall have a minimum inside diameter of 15 inches.
C. Drainage design. All methods and facilities relating to stormwater management shall be
in accordance with the provisions of Article XIV.
D. Sanitary sewers.
(1) General. Where a public sanitary sewer system is accessible, each lot shall be
provided with sewage disposal facilities by the required extension of sewer mains
and connections thereto. All such installations of sewer mains shall be made in
accordance with the construction standards of the Borough as approved by the
Engineer and N.J.D.E.P.
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(2) Private disposal system. Where a public sanitary sewer system is not accessible,
the developer may be required to install sewer lines and a sanitary sewage disposal
plant at his own cost and expense and in accordance with the specifications of the
N.J.D.E.P. All such installations shall be subject to the approval of the governing
body, the Board of Health, N.J.D.E.P. and the Borough Engineer.
(3) Installation of sewer lines. Where a public sanitary sewer is not accessible and
where installation of sewer lines and a sanitary sewage disposal plant is not
required, the developer shall install a complete sewer pipe system, including
provision for the connection thereto at each lot, but, in lieu of constructing the sanitary
sewage disposal plant, the developer may install individual sewage disposal
systems for each lot at the time improvements are erected thereon. All such
individual sewage disposal systems shall be constructed in accordance with the
construction standards of the Borough as approved by the Engineer and the local
Board of Health.
(4) House service connection. Where and individual sewage disposal system is
approved for a residence located on an existing street or proposed street, it shall further
be required that a house sewer service connection be extended to the lawn side of
the sidewalk and capped.
E. Water mains. Water mains shall be installed in accordance with the standards and
specifications of the Borough.
F. Fire hydrants, fire-alarm boxes, pumping stations and standpipes. Fire hydrants,
fire-alarm boxes, pumping stations and standpipes shall be installed on water mains at
intervals as directed by the Fire Chief and Fire Commissioner in accordance with the
standards of the National Board of Fire Underwriters. All hydrants and alarm boxes shall
be placed at or near street intersections or at property lines in such a manner as approved
by the municipal agency, so as to least interfere with the use of roads and property. All major
subdivisions without fire hydrants or water lines shall be required to provide pumping
stations or standpipes as required by the municipal agency, fire chief and fire
commissioner. The height of the center of the hydrant nozzle shall be 18 inches.
G. Gas mains. Gas mains shall be installed in accordance with the requirements of the
applicable ordinances of the Borough or the gas supplier.
§ 143-82. Topsoil protection.
No topsoil shall be removed from the site or used as spoil or fill. In addition, topsoil removed
during the course of construction shall be redistributed so as to provide equal distribution of
cover to all areas of the site and shall be stabilized by seeding and planting. At least six
inches of topsoil shall be provided on all portions of lots not occupied by buildings or walks.
§ 143-83. Soil removal.
All soil removal and soil removal operations shall be subject to applicable requirements of
Article XV.
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§ 143-84. Preservation of landscape.
The landscape shall be preserved in its natural state, insofar as is practicable, by minimizing
tree and soil removal. If the development of the site necessitates removal of established trees,
special attention shall be given to the planting of replacement trees. Any grade changes shall
be in keeping with the general appearance of the neighboring developed areas.
ARTICLE XIII
Design and Construction Standards for Site Plans
§ 143-85. General.
In general, site plans shall follow the principles of design relating to subdivisions where
applicable. In reviewing said site development plan, the Planning Board shall ascertain that
the following requirements are complied with:
A. That the provisions of the zoning regulations with respect to height, minimum lot areas,
mandatory open spaces and the like are complied with.
B. That adequate provision is made for off-street parking in accordance with the zoning
regulations and that adequate traffic circulation, traffic safety and protection to adjoining
property is provided.
C. That adequate provision is made for the disposal of stormwater as approved by the
Borough Engineer.
D. That the location, design or construction of any building is not likely to involve risks of
traffic congestion, public safety or hazard.
§ 143-86. Circulation, parking and loading.
A. Access. Access points from any one lot crossing the street line shall be limited to a
maximum of two along the frontage of any single street. The center lines of any separate
access points shall be spaced at least 65 feet apart; shall handle no more than two lanes
of traffic; shall be at least 20 feet from any property line; and shall be set back from the street
of any intersection street at least 50 feet or 1/2 the lot frontage, whichever is greater,
except that in no case need the setback distance exceed 200 feet. Continuous, open
driveways in excess of 16 feet at the street line shall be prohibited, except that for
nonresidential uses, driveways or more than 16 feet may be permitted with the approval
of the municipal agency, giving due consideration to the proposed width, curbing,
direction of traffic flow, radii or curves and method of dividing traffic lanes. Curbing
shall be depressed at the driveway, or the curbing may be rounded at the corners and the
driveway connected with the street in the same manner as another street.
B. Surfacing and curbing. Off-street parking lots and loading areas, together with their
access aisles, driveways and fire lanes shall not occupy more than 50% of the lot area.
All parking and loading areas and access drives shall be paved as outlined below or the
equivalent, as determined by the Borough Engineer and approved as part of the site plan
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approval. All parking areas, regardless of size and location, shall be suitably drained and
maintained.
(1) Areas of ingress and egress, loading and unloading areas, major interior driveways
or access aisles and other areas likely to experience similar heavy traffic shall be
paved with not less than four inches of compacted based course of plant-mixed
bituminous, stabilized base course, constructed in layers not more than two inches
compacted thickness and prepared and constructed in accordance with New Jersey
State Highway Department Standard Specifications for Roads and Bridge
Construction and amendments thereto.
(2) Parking stall areas and other areas likely to experience similar light traffic shall be
paved with not less than three inches of compacted base course of plant-mixed
bituminous, stabilized base course, prepared and constructed in accordance with
the aforesaid New Jersey State Highway Department Specifications and
amendments thereto.
(3) Where subbase conditions of proposed parking and loading areas are wet, springy
or of such a nature that surfacing would be inadvisable without first treating the
subbase, the treatment of the subbases shall be made in the following manner: The
areas shall be excavated to a depth of six to 12 inches below the proposed finished
grade and filled with suitable subbase materials as determined by the Borough
Engineer. Where required by the Borough Engineer, a system of porous concrete
pipe subsurface drains shall be constructed beneath the surface of the parking area
and connected to a suitable drain. After the subbase material has been properly
placed and compacted, the parking area surfacing material, as described heretofore,
shall be spread thereon.
(4) All off-street parking lots shall have adequate designations to indicate traffic flow
and parking spaces.
(5) All paved areas shall be bounded by concrete or granite block curbing meeting
specifications approved by the Borough Engineer.
C. Aisle widths. The provision of parking spaces shall include adequate driveway and
necessary turning areas for handling the vehicles for which provision is made. Parking
areas shall be designed to permit each motor vehicle to proceed to and from the parking
space provided for it without requiring the moving of any other motor vehicles. Aisles
providing access to parking spaces shall have the following minimum dimensions. Where
the angle of parking is different on both side so the aisle, the larger aisle width shall
prevail.
Aisle Width
(feet)
Angle of Parking Space
One-Way Aisle
Two-Way Aisle
(degrees)
90°
25
25
60°
18
—
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Aisle Width
(feet)
Angle of Parking Space
One-Way Aisle
Two-Way Aisle
(degrees)
45°
15
—
30°
12
—
Parallel
12
25
D. Dimensions of parking and loading spaces.
(1)
Each parking space shall be not less than nine feet in width and 18 feet in length.
(2)
Each loading space shall not be less than 12 feet in width, 25 feet in length and 14
feet in height, provided, however, that additional length of up to 55 feet depending
on the length of vehicles using the space may be required.
E. Location of parking and loading. All off-street parking and loading areas, except for
parking which is accessory to one-and two-family dwellings, shall, unless otherwise
provided by this chapter, meet the location requirements prescribed in Schedule "A".
F. Off-street parking space requirements. Except as otherwise provided in this Article, for
all new buildings or uses or additions to existing buildings or uses in all zone districts,
there shall be provided the number of parking spaces required by the specific use as
prescribed in Schedule "B".
G. Off-street loading space requirements. In all districts, for every building or use requiring
the receipt or distribution in vehicles of materials or merchandise, there shall be
maintained on the same premises with such building or use at least one off-street loading
space. Such space shall be located in the side or rear yard only, but in no case in a side
yard adjoining a street.
H. Driveway parking. Nothing shall prohibit private driveways for detached dwelling units
from being considered off-street parking areas, provided that no portion of such private
driveway within the right-of-way line of the street intersected by such driveway shall be
considered off-street parking space. The area is intended to be sufficient to accommodate the
exterior extremities of the vehicle, whether in addition thereto wheel blocks are
installed within this area to prevent the bumper from overhanging one end of the parking
space. The width and length of each space shall be measured perpendicular to each other
regardless of the angle of the parking space to the access aisle or driveway.
I. General requirements. Parking areas and access drives shall be paved and curbed and provided
with adequate systems of storm drainage. Furthermore, each parking space is to be properly
marked by lines. All parking spaces and fire lanes, parking areas and lines on pavement shall
be painted and maintained so as to be visible at all times.
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§ 143-87. Landscaping and buffers.
A. Adequate provisions for landscaping and screening shall be provided as part of the
overall design and shall be integrated into the building arrangement, topography, parking and
buffering requirements. Landscaping shall include grass lawns, trees, bushes,
shrubbery, ground area cover, perennials, annuals, plants, earth berms, sculpture, art and
the use of building and paving materials in an imaginative manner. (See Appendix to
Article II, Typical Buffer Area Diagram).
B. Areas between property lines and buildings and between property lines and parking and
loading areas shall be appropriately landscaped with planted buffers so as to reduce the
visual impact or to obscure the view of building walls, parked vehicles and loading platforms
from any public street, adjoining residential zones and properties or uses and the front
yards of adjacent commercial and industrial uses. Minimum buffer widths are established in
Schedule "A" and may include required building and parking setback areas and such
additional area as may be required by the Planning Board. Screening materials shall be a
vandal- and wind-resistant fence, wall, planting, berming or any combination thereof and
shall be of sufficient height, depth and density to effectively screen the visual impacts of
vehicles and building walls and the impacts of wind, dust, noise and headlight glare.
C. Where appropriate based on the specific conditions on the lot and on adjoining property
in terms of topographic features, existing vegetation, building size and location and
parking arrangement, buffer screening shall meet the following minimum standards.
(1) Buffer screening shall be provided when more-intensive land uses abut
less-intensive land uses, such as, when a nonresidential use abuts a residential use
and when a multi-residential abuts a single-family use. Buffer screening may also
be required when incompatible nonresidential land uses abut one another or when a
multifamily use abuts a nonresidential use and insufficient screening exists on the
nonresidential property so as to adequately protect future residents of the
multifamily development.
(2) When the intent is to screen parking and loading or other outdoor activities, screen
planting shall consist of up to three rows of evergreen materials with staggered centers.
Plant materials shall be sufficiently large and planted in such a fashion that a screen
at least eight feet in height shall be produced within three growing seasons. The
minimum depth of the planting areas, assuming growth to maturity, shall be 25 feet.
(3) The Planning Board may allow modification of the above criteria by reducing the
depth of the planting area and the height of materials and allowing a combination
of plant materials of varying species if said modification will achieve the same end
result, especially where any of the following exist or are employed:
(a) Existing natural vegetation.
(b) Additional setback depth between the property line and the activity to be
screened.
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(c) Use of earthen berms, walls, fences and other vertical installations or a
combination of any of these and plant materials.
(d) Significant changes in elevation or other natural and topographic features
which would reduce or minimize the need for or effectiveness of buffer
screening.
(4) When the intent is to minimize the visual impact of a building, less dense
screening materials may be used. In such instances, more open landscaping
consisting of more widely spaced trees and greater variety of species and heights
may be appropriate depending upon the architectural appeal of the building,
setback, natural vegetation and topographic features and the like.
D. Plant materials shall be of a species common to the area, shall be of nursery stock and
shall be free of insect and disease. Landscaping shall be permanently maintained, and
plant material which does not live shall be replaced within one year or one growing
season. The screen planting shall be so placed that at maturity the plant material will be
no closer than three feet to any street or property line. Maximum use shall be made of
existing vegetation, where appropriate, within landscaped areas.
E. All landscaped areas shall be maintained and kept clear of all debris, rubbish, weeds and
tall grass. No structure, activity, storage of materials or parking or vehicles shall be permitted
in the landscaped area.
F. Each off-street parking area shall have 300 square feet of landscaping for every 30
parking spaces with 1/2 said area having shrubs no higher than three feet and the other
half having trees with branches no lower than seven feet. Such spaces shall be distributed
throughout the parking area in order to break the view of long rows or parked cars in a
manner not impairing visibility.
§ 143-88. Sight triangles.
Sight triangles shall be provided at all roadway and driveway intersections in accordance with the
provisions of § 143-73R and the recommendations of the Borough Engineer.
§ 143-89. Lighting.
Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away
from residential premises and streets. All parking facilities providing five or more parking
spaces shall be lighted. All parking areas and walkways thereto and appurtenant passageways
and driveways serving commercial, public, office, industrial, apartment or other similar uses
having common off-street parking and/or loading areas and building complexes requiring area
lighting shall be adequately illuminated for security and safety purposes. The lighting plan in
and around the parking areas shall provide for non-glare, color-corrected lights focused downward.
The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the
areas to be illuminated, shall average a minimum of 0.5 footcandle over the entire area and shall
be provided by fixtures with a mounting height not more than 25 feet or the height of the
building, whichever is less, measured from the ground level to the center line
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of the light source spaced a distance not to exceed five times the mounting height. Any other
outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent
parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in
sufficient detail to allow determination of the effects to adjacent properties, traffic safety and
overhead sky glow. The objective of these specifications is to minimize undesirable
off-premises effects. No direct lighting shall be permitted. Additionally, no light shall shine
into windows or onto streets and driveways in such manner as to interfere with or distract
driver vision. To achieve these requirements, the intensity of such light sources, the light shielding
and similar characteristics shall be subject to site plan approval by the Planning Board or
Board of Adjustment.
§ 143-90. Trash, garbage and waste material.
A. Any trash, garbage and waste material stored outside a building shall be stored in
suitable containers and in fenced or walled enclosures. Said enclosures shall have four
sides, one side with a gate for access and, unless masonry walls, shall be installed with
steel posts in concrete footings. Enclosure height shall not be less than the height of the
enclosure. All enclosures shall have a clearance of at least two feet around the container. Said
enclosures may adjoin the rear wall of a building, may adjoin a side wall of a building
which does not face on either a street or residential district or may be located in the rear
yard and apart from the building, provided that all accessory building setbacks are met.
Said enclosures shall be screened from view from any adjoining street or property
when deemed necessary by the Planning Board.
B. Any trash, garbage and waste material shall be so contained as to be protected from the
elements and to eliminate the potential for accumulation or scattering of debris. Garbage
of an animal or vegetable nature, any trash or waste material that would attract vermin
and insects and any other waste material which, by its nature, would present a health
hazard if exposed to the elements shall be stored in airtight and/or leakproof, covered
metal containers as may be necessary.
§ 143-91. Recycling of recyclable materials in multifamily housing. [Amended
3-18-2006 by Ord. No. 2008-3]
A. For purposes of this Section, the following terms shall have the following meanings:
MULTIFAMILY HOUSING DEVELOPMENT — A building containing three or more
dwelling units occupied or intended to be occupied by persons living independently of
each other, or a group of such buildings;
RECYCLING AREA — Space allocated for collection and storage of source separated
recyclable materials.
B. There shall be included in any new multifamily housing development that requires
subdivision site plan approval indoor and/or outdoor recycling areas for the collection
and storage of residentially generated recyclable materials. The number of sites and
dimensions of the recycling areas shall be sufficient to accommodate recycling bins or
containers which are of adequate size and number, and which are consistent with
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§ 143-91 BUTLER CODE § 143-92
anticipated usage and with current methods of collection in the area in which the project
is located. The number of sites and dimensions of the recycling areas and the bins or
containers shall be determined in consultation with the municipal recycling coordinator,
and shall be consistent with the district recycling plan adopted pursuant to section 3 of
P.L. 1987, c.102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the
municipal master plan, adopted pursuant to section 26 of P.L. 1987, c.102.
C. The recycling areas shall be conveniently located for the residential disposition of source
separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
D. The recycling areas shall be well lit, and shall be safely and easily accessible by
recycling personnel and vehicles. Collection vehicles shall be able to access the recycling
areas without interference from parked cars or other obstacles. Reasonable measures shall
be taken to protect the recycling areas, and the bins or containers.
E.
The recycling areas or the bins containers placed therein shall be designed so as to
provide protection against adverse environmental conditions which might render the
collected materials unmarketable. Any bins or containers which are used for the
collection of recyclable paper or cardboard, and which are located in an outdoor
recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper
or cardboard dry.
F. Signs clearly identifying the recycling areas and the materials accepted therein shall be
posted adjacent to all points of access to the recycling areas. Individual bins or containers
shall be equipped with signs indicating the materials to be placed therein.
G. Landscaping and/or fencing shall be provided around any outdoor recycling areas and
shall be developed in an aesthetically pleasing manner.
§ 143-92. Building design.
All building shall be harmoniously related to the terrain and to existing buildings and
thoroughfares in the vicinity that have a visual relationship to the proposed building. The
achievement of such relationship shall include consideration of the following:
A.
The height, bulk and area of the buildings.
B. The architectural design.
C. The type, color and quality of exterior materials.
D. All buildings shall be compatibly designed, whether constructed all at one time or in
stages over a period of time. All building walls facing any street or residential district
line shall be suitably finished for aesthetic purposes, which shall not include unpainted or
painted cinder block or concrete block walls.
E. The size, location, design, color, texture, lighting and material of all permanent signs and
advertising fixtures shall not detract from the design of the proposed buildings,
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structures, roads and the surrounding properties and, wherever possible, shall be in
keeping with uniform signage for the area.
F. The use of maintenance free materials, especially brick and stone, is encouraged.
§ 143-93. Energy conservation.
All site plans shall, to the greatest degree possible, follow energy efficient design principles
and maximize the use of renewable energy sources. Within the limits of practicability and
feasibility, the criteria listed below shall be followed:
A. Buildings shall be oriented to maximize solar gain. Where possible, building walls with
the greatest number of window or window area shall face in a southerly direction. The
use of active and passive solar energy gain systems in buildings is encouraged.
B. Buildings shall be arranged to provide maximum protection to each other in terms of
energy consuming elements.
C. The use of energy-efficient building materials and colors is encouraged.
D. Site arrangement shall take advantage of topographic features to maximize solar gain and
afford protection from winter winds.
E. Natural vegetation and landscaping, including fences, walls and earthworks, shall be
utilized to maximize protection from wind and channel breezes and shade buildings and
pavement.
F. The site shall be designed to minimize pavement and afford efficient circulation. The use
of footpaths and bike paths in multifamily housing developments, in order to reduce
motor vehicle use, is encouraged.
§ 143-94. Site plans for planned developments.
In the case of a site plan for a planned development, such as a townhouse or apartment
complex, the following additional design criteria shall be met:
A. That the proposals for maintenance and conservation of the common open space are
reliable, and the amount, locations and purpose of the common open space are adequate.
B. That provision through the physical design of the proposed development for public
services, control over vehicular and pedestrian traffic, and the amenities of light and air,
recreation and visual enjoyment are adequate.
C. That the proposed development will not have an unreasonably adverse impact upon the
area in which it is proposed to be established.
D. Parking spaces shall not be entered directly from a public street.
E. All off-street parking areas and internal roadways shall be paved, bounded by permanent
curbing and constructed in accordance with this and other applicable ordinances.
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F. The arrangement and location of garages, parking areas and internal roadways shall be
subject to approval of the Planning Board and shall be designed to insure maximum
safety, proper circulation and maximum convenience for residents and their guests.
G. All common open space shall be attractively landscaped with grass lawns, trees and
shrubs. Provision shall be made for the preservation of existing trees and natural features.
H. Internal roadways and driveways shall be at least 26 feet in width for two-way traffic and
at least 12 feet in width for one-way traffic; provided, however, that the Planning Board
may require that roadways and driveways be up to 34 feet wide for main entrance roads
and roads serving more than 10 dwelling units or collecting traffic from more than 100
dwelling units. The circulation system shall be designed to safely and efficiently
accommodate emergency vehicles, moving vans, solid waste disposal vehicles and the
like. Roadways and driveways shall not enter a public street within 50 feet of an intersection.
Parking in internal roadways and driveways shall be prohibited.
I. All parking shall be specifically designated on a site plan for that purpose. Off-street
parking areas shall be located beyond the street setbacks for principal buildings. Parking
areas are to be constructed to the rear of principal buildings, but only provided that the
area is adequately serviced by a roadway and not to be considered part of such roadway.
J.
Access drives shall be located at least 50 feet from an intersection. All traffic ingress and
egress to the site shall be from an arterial street and not from a minor street. Such ingress
and egress shall be subject to Planning Board approval.
K. Parking areas and access drives shall be paved and curbed and provided with adequate systems
of storm drainage. Furthermore, each parking space is to be properly marked by lines. All
parking spaces and fire lanes, parking areas and lines on pavement shall be painted and
maintained so as to be visible at all times.
L.
Garages.
(1)
Maximum joint capacity of each group of garage spaces arranged in a row; 12
vehicles.
(2)
Vehicular access to garages shall be from the side or rear of the principal building
unless located in a townhouse unit.
(3)
The entrance to such garages shall not be on any main access street or public
street.
M. Building design must be residential in character, conforming to the established character
of the neighborhood and in keeping with the current residential design. Architectural
design and materials used in construction of garages and accessory buildings shall
conform to those used in the construction of the principal buildings. The floor plan of
each dwelling unit is to be approved by the Planning Board. The approved plan shall not
be altered in any way without the consent of the Planning Board.
N. Sidewalks.
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(1) Concrete, brick or paver block sidewalks, to be constructed in accordance with
Borough specifications to a paved width of not less than four feet, shall be
provided:
(a) To and from buildings and parking areas.
(b) To and from buildings and roads or accessways.
(c) To all service areas.
(d) Wherever else required by the Planning Board at the time of site plan
approval.
(2) No sidewalks, except those leading to and from building entrances and exits, shall
be placed closer to a building than 10 feet, but sidewalks may be placed in
landscaped areas and within required yard setback areas.
O. Landscaping. All areas of the site not used for the construction of buildings, roads, accessways,
parking areas or sidewalks shall be fully and attractively landscaped with trees, shrubs
and grass lawns. Any trees or shrubs in a healthy state at the time the development begins
shall remain and be protected during the construction, provided that they are within areas
designated as "open space" and not subject to extreme grading. At least 10% of the gross
site shall be devoted to common open space for use of residents.
P. Buffers. A minimum buffer area of 50 feet shall be provided within the building setback
area along any common property line with another residential district or residential use.
Within such buffer area, no existing trees, shrubs or planting shall be cut, uprooted, destroyed
or taken away. If no trees, shrubs or other substantial planting exists in the buffer in
natural state before development, a satisfactory approved plan will be developed to provide
a belt of evergreen screening within such buffer. Such screening shall have a minimum
height of six feet at the time of planting. All plantings that die within two years of
installation will be replaced with plantings of the same type and height. Fencing may be used
if approved by the Planning Board.
Q. Solid waste; recycling. Provision shall be made for the storage and collection of trash, garbage
and other waste material in accordance with applicable provisions of § 143-90. Exterior
garbage containers shall be so located as to efficiently service all dwelling units but shall
be clustered so as to have a minimum number of areas. All such areas shall be provided with
sufficient screening on all sides by wood or other similar materials so as to prevent access
to the same by animals, which said screening shall be at least six feet in height and designed
so as to harmonize with the other architectural elements on the site. Garbage containers shall
be a minimum of 25 feet from all property lines. Provisions shall also be made for the
deposit and collection of recyclable materials consistent with the above provisions and in
accordance with the requirements of § 143-91.
R.
Lighting. Interior roads, driveways, private thoroughfares, parking areas, building
entranceways and pedestrian walks shall be provided with sufficient illumination to minimize
hazards to pedestrians and motor vehicles utilizing the same and shall, where necessary,
be shielded to avoid glare to occupants of buildings and adjoining areas. Lighting
shall be so arranged as to reflect away from any adjoining properties. All
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lighting shall be designed in accordance with standards set forth in the IES Lighting
Handbook.
S. Recreational equipment. Recreational equipment shall be provided in such locations as
shown on the approved site plan, but at no time shall such equipment be permitted in
front or side yards.
T. All telephone, electric and community antenna television service facilities on the property
shall be by underground conduit by arrangement with the appropriate utility companies
and in accordance with the latest requirements of the Board of Public Utility Commissioners.
U. Except for service connections to buildings, all water mains and sanitary sewer lines shall be
located within utility easements granted to the Borough where required.
V. Fire hydrants and fire alarm boxes shall be installed in locations specified by the Fire
Prevention Bureau.
W. Site maintenance. All buildings, paved areas and landscaping shall be adequately
maintained at all times. Dead trees or shrubs shall be replaced by the owner. Failure of
the owner to comply with these provisions within six months of notification by the
Borough Engineer shall be considered a violation of this Chapter 143.
§ 143-95. Open space organization.
A. Establishment required. In any residential development providing common open space asan
appurtenance, the developer shall provide for the establishment of a homeowners' association
or other for recreational and common lands and facilities organization for the ownership and
maintenance of any open space, for the benefit of owners or residents of the development
Any such association or organization, shall be in accordance with the following provisions:
(1) Membership in the created homeowners' association by all property owners shall
be mandatory. Such required membership in any created homeowners' association
and the responsibilities upon the members shall be in writing between the
association and the individual in the form of a covenant with each member
agreeing to his liability for his pro rata share of the associations' costs and
providing that the Borough shall be a party beneficiary to such covenant entitled to
enforce its provisions.
(2) Executed deeds shall be tendered to the Borough simultaneously with the granting
of final subdivision approval stating that the prescribed use(s) of the lands in the
common ownership shall be absolute and not subject to reversion for possible
future development.
(3) The homeowners' association shall be responsible for liability insurance, local
taxes, maintenance of land and any facilities that may be erected on any land
deeded to the homeowners' association and shall hold the Borough harmless from
any liability.
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(4) The assessment levied by the homeowners' association may become a lien on the
private properties in the development. The duly created homeowners' association
shall be allowed to adjust the assessment to meet changing needs, and any deeded lands
may be sold, donated or in any other way conveyed to the Borough for public
purposes only.
(5) The homeowners' association initially created by the developer shall clearly
describe in its bylaws the rights and obligations to any homeowner and tenant in
the development, along with the covenant and model deeds and the articles of
incorporation of the association prior to the granting of final approval by the Borough.
(6) Part of the development proposals submitted to and approved by the Borough shall
be provisions to insure that control of the homeowners' association will be
transferred to the individual lot owners in the development based on a percentage
of the dwelling units sold and/or occupied, together with assurances in the bylaws
that the homeowners; association shall have the maintenance responsibilities for all
lands to which they hold title.
B. Restrictions on dissolution and disposal of open space. Such organization shall not be
dissolved and shall not dispose of any open space, by sale or otherwise, except to an
organization conceived and established to own and maintain the open space or the benefit
of such development, and thereafter such organization shall not be dissolved nor dispose
of any of its open space without first offering to dedicate the same to the Borough.
C. Correction of deficiencies. In the event that such organization shall fail to maintain the
open space in reasonable order and condition, the governing body or its designated agent
may serve written notice upon such organization or upon the owners of the development,
setting forth the manner in which the organization has failed to maintain the open space
in reasonable condition, and said notice shall include a demand that such deficiencies of
maintenance be cured within 35 days thereof and shall state the date and place of a
hearing thereon, which shall be held within 15 days of the notice. At such hearing, the
governing body may modify the terms of the original notice as to deficiencies and may
give a reasonable extension of time, not to exceed 65 days, within which they shall be
cured. If the deficiencies set forth in the original notice or in the modification thereof
shall not be cured within said 35 days or any permitted extension thereof, the governing body,
in order to preserve the open space and maintain the same for a period of one year, may enter
upon and maintain such land. Said entry and maintenance shall not vest in the public any
rights to use the open space except when the same is voluntarily dedicated to the public
by the owners. Before the expiration of said year, the governing body shall, upon its
initiative or upon the request of the organization theretofore responsible for the maintenance
of the open space, call a public hearing upon 15 days' written notice to such organization and
to the owners of the development, to be held by the governing body, at which hearing such
organization and the owners of the development shall show cause why such maintenance
by the municipality shall not, at the election of the municipality, continue for a succeeding
year. If the governing body shall determine that such organization is ready and able
to maintain said open space in reasonable condition, the municipality shall cease to
maintain said open space at the end of said year. If the governing body shall determine
that such organization is not ready and able to maintain
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said open space in a reasonable condition, the municipality may, in its discretion,
continue to maintain said open space during the next succeeding year, subject to a similar
hearing and determination in each year thereafter. The decision of the governing body in any
such case shall constitute a final administrative decision, subject to judicial review.
D. Assessment of municipal maintenance costs. The cost of such maintenance by the
municipality shall be assessed pro rata against the properties within the development that
have a right of enjoyment of the open space in accordance with assessed value at the
time of imposition of the lien and shall become a lien and tax on said properties and be added
to and be a part of the taxes to be levied and assessed thereon and shall be enforced
and collected with interest by the same officers and in the same manner as other taxes.
ARTICLE XIV
Regulation of Slopes
[Amended 11-20-2007 by Ord. No. 2007-291 ]
§ 143-96. (Reserved)
§ 143-97. (Reserved)
§ 143-98. (Reserved)
§ 143-99. (Reserved)
§ 143-100. (Reserved)
§ 143-101. (Reserved)
§ 143-102. (Reserved)
§ 143-102.01. Regulation of slopes.
A. Statement of purpose.
(1) It is the purpose of this section to establish regulations for development within
critical areas of steep slopes and to prevent inappropriate development in areas of
excessive slopes.
1. Editor's Note: This ordinance also repealed §§ 143-96 through 143-102 of former Art. XIV, Stormwater Management.
See now Art. XXIII, Stormwater Management, and Art. XXIV, Stormwater Management for Minor Subdivisions and
Individual Single-Family Properties.
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(2) These special development controls are provided in recognition of the potentially
negative impacts associated with the removal of vegetative cover, the disturbance
of the soil by excavation or fill, and the construction of buildings, structures, roadways
and associated site disturbances within these areas of steep slopes in the Borough of
Butler which will cause an increase of surface water runoff, soil erosion and
siltation, with the resultant pollution of streams as well as the potential danger of
flooding and water damage and thereby having the potential of endangering
public and private property and life.
(3) Development on the slopes can create additional hazards to the lives and property
of those having structures on the slopes and below them.
(4) The most appropriate method of alleviating such conditions is through the
regulation of the removal of such vegetation and soil disturbance, construction and
development.
(5) It is determined that the special and immediate public interest in these slopes
justifies the regulation of property located thereon as provided in this subsection which
is the exercise of the police power of the Borough for the protection of persons
and property of its inhabitants and for the preservation of the public health, safety and
general welfare.
(6) It is not the purpose of this section to establish densities but rather to control
development within appropriate areas.
B. Applicability. All development projects, regardless of whether any site plan, subdivision, soil
erosion and sediment control plan, lot grading plan, or other development
application, permit or approval is required, shall be required to prepare a steep slope map
and comply with the restrictions outlined in this section.
C. Definitions. For the purpose of this section, certain terms are defined and shall be
construed as follows:
DEVELOPMENT AREA — That part of the permitted building envelope which is intended
to be used for a structure and is so designated for soil disturbance necessary for the
development of the lot.
EXCESSIVE SLOPE — Any slope which has a grade of 25% or more.
MINOR TOPOGRAPHIC VARIATION — Slopes of 25% or more shall not occur in
more than 10% of any area of the lot.
STEEP SLOPES — Any slope which has a grade greater than or equal to 15% but less
than 25%.
D. Steep slope map details. A steep slope map shall include the following information:
(1) A plan shall be drawn by a licensed professional engineer at a scale of not less
than one inch equals 30 feet.
(2) Existing and proposed grades represented by contours at two-foot intervals when
grades are below 30%, at five-foot intervals when grades are 30% or more, and by
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§ 143-102.01
spot elevations when flatness of the plot makes the use of contours impractical.
Existing contours shall be shown for a distance of 25 feet beyond the plot limits.
(3)
Slope classification map indicating existing grade categories as follows: 0% to
14.99%; 15% to 19.99%; 20% to 24.99%; 25% to 29.99%; and slopes 30% or
more. A table indicating the degree of slope disturbance, pursuant to subsection
§ 143-102.01E.1 of this section shall be provided.
(4) Existing and proposed elevations at all plot corners, building corners, centers of
swales, disposal bed corners, and at the locations of all changes in direction of
stormwater flow.
(5) Proposed elevations at changes in grade of driveways and walks, as well as the
proposed and existing curb, sidewalk, and road elevations at the plot corners and at
changes in grades.
(6) Location and details of swales and other means for the disposition of all
stormwater.
(7) The location of the proposed dwelling including the location of the garage, all
overhangs, the number of stories of the dwelling, and the proposed elevation of all
floors, cellar and garage and all setback distances.
(8) The location of proposed pedestrian and vehicular facilities including walks, roads,
drives or parking areas with both vertical and horizontal alignments properly
dimensioned.
(9) Type and width of existing pavement and width of right-of-way on road on which
plot fronts.
(10) Metes and bounds of all property lines, monuments at all property corners and
location of any existing fences, hedges, etc., along the property lines.
(11) A soil erosion and sediment control plan.
(12) Drainage study as applicable or required by the Planning Board and/or the
Borough Engineer.
(13) Location of all buildings on adjoining lots within 200 feet.
(14) The proposed elevations of the levels of land above and below retaining walls as
well as top of wall elevations.
(15) The location of all existing and proposed landscaping including trees having a
diameter of three inches or greater as measured at a point one foot above the
ground, shrubs and ground covers with type and size of trees or shrubs and
specifications for ground covers.
(16) The disposition and extent of topsoil to be removed or backfilled.
(17) The disposition and extent of all other soil to be removed and backfilled.
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(18) The plans and specifications for any proposed retaining walls, steps, fences or
other protective structures.
E. Development regulations. Within any area of steep or excessive slopes, no soil or
vegetation shall be disturbed nor shall any building or structure be erected, constructed or
substantially enlarged or lot created unless and until it can be demonstrated by
information, plans and studies furnished by the applicant that the following requirements can
be met:
(1) Construction control limitations. Disturbance of steep slopes shall be limited to the
following based on the indicated slope classifications:
Slope
Maximum Permitted Permitted
Disturbance of Slope Development
Area
Activity
Less than 15%
100%
All activities
15% to 19.9%
50%
All activities subject
to review and
approval of individual
grading and site plans
per Subsections D
and E above
20% to 24.9%
30%
All activities subject
to review and
approval of individual
grading and site plans
per Subsections D
and E above.
25% to 30%
15%
Only transitional
grading
30% or more
0%
No disturbance
permitted
(2) No soil shall be excavated, removed, deposited or disturbed within an area of steep
or excessive slopes except as a result of and in accordance with a site plan
approved under the terms of this subsection.
(3) Proposed disturbances of soil shall be for purposes consistent with the intent of
this subsection and it shall be controlled in a manner that will not cause excessive
erosion or other unstable conditions.
(4) Provision shall be made for the proper disposition of surface water runoff, both
during and post construction, so that it will not create unstable conditions. Appropriate
storm drainage facilities shall be constructed as deemed necessary and adequate
protective measures shall be provided for downstream properties.
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(5) Provision shall be made for any structures or protective measures that proposed
slopes may require for the protection of the public safety including but not limited
to retaining walls, headwalls and fences.
(6) Proper facilities have been or will be provided for a safe water supply and for the
disposal of sanitary sewage as approved by the Health Officer.
(7) Any proposed building or structure or attendant protective measures will not
impede the flow of surface waters through any watercourse.
(8) Any proposed building or structure shall be of sound engineering design with
footings designed to extend to stable soil and/or rock with proper lateral support
and that when built may be occupied without peril to the health or safety of the
occupants as approved by the Construction Official.
(9) Any proposed vehicular facilities including roads, driveways or parking areas shall
be so designed that any land disturbances shall not cause excessive erosion. Both
the vertical and horizontal alignment of vehicular facilities shall be so designed
that hazardous circulation conditions will not be created.
(10) All structures shall be constructed in all instances on slopes that do not exceed
25%.
(11) All public and private streets and roadways shall follow, to the extent possible, the
existing natural terrain and slope. Such improvements shall be constructed in all
instances on slopes that do not exceed 25%.
(12) Except for minor topographic variations, driveway grades and the soil cuts/fills in
areas of steep slopes are critical concerns of this subsection and shall not be constructed
unless the Borough Engineer or the Planning Board, as the case may be, is assured
that the design achieves the highest standards established by this subsection. The
connection of any driveway to a street shall be by a vertical curve of sufficient
radius to provide a smooth transition. Said vertical curve and driveway profile
shall be designed to accommodate the Master Plan road width. The maximum
allowable grade for driveways is 15%. A maximum grade of 2% shall be required
for the first 20 feet of driveway, measured from the curbline. The horizontal angle of
intersection of a driveway with a street shall not be less than
60°.
(13) Any fill placed on the lot shall be properly stabilized and, when found necessary
depending upon existing slopes and soil types, supported by retaining walls or
other appropriate structures as approved by the Borough Engineer.
(14) All cuts/fills shall be supported by retaining walls or other appropriate retaining
structures, when, depending upon the nature of the soil characteristics, such
structures are found necessary by the Borough Engineer in order to prevent erosion
and achieve greater soil stabilization.
F.
Steep and excessive slope area regulations take precedence. In the event of any conflict
between any other provision of Chapter 143 and this ordinance, the provisions of this
§ 143-102.01 shall prevail.
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§ 143-104
Part 4
Soil Removal
ARTICLE XV
Regulations for Soil Removal
§ 143-103. Permit required.
No person shall excavate, scrape, dig or otherwise disturb the soil on any premises in the Borough
for use other than on the premises from which it shall be taken, nor shall any person remove or
cause the removal of any soil from any premises in the Borough for use on other premises, whether
such removal is for sale, gift or otherwise, unless a permit therefore is first secured from the
Mayor and Borough Council, as hereinafter provided. No person shall cause soil or like material
to be deposited on any premises to the extent that the existing contours of the premises would
be modified, unless a permit therefore is first secured from the Mayor and Council as hereinafter
provided. Exception to this requirement shall be the addition of less than 50 cubic yards of
soil for lawn, garden improvements and foundation excavations.
§ 143-104. Application requirements.
A. Application for soil permit shall be filed with the Borough Clerk and shall be
accompanied by the fee prescribed in § 143-44. Application shall be made in triplicate on
forms prescribed by the Borough and supplied by the Borough Clerk.
B. The application shall set forth the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner, if other than the applicant.
(3)
The description and location of the land in question, including the Tax Map block
and lot number.
(4)
The purpose or reason for moving the soil.
(5)
The kind and quantity, in cubic yards, of soil to be removed.
(6)
The place to which the soil is to be moved.
(7)
The proposed date of completion of the work.
(8)
The name and address of the person having direct charge or supervision over the
soil removal operation.
(9)
Such other pertinent data as the Borough Council may require.
C. Topographic map required for major soil permit. The application for a major soil permit shall
be accompanied by a topographical map, in triplicate, of the lands in question. Such map
shall be prepared and certified by a licensed professional engineer or a licensed land
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§ 143-104 BUTLER CODE § 143-107
surveyor. The topographic map shall be prepared at a scale of not more than 100 feet to
the inch and shall show the following:
(1)
The present grades on a one-hundred-foot grid layout.
(2)
The proposed finished grades.
(3)
The quantity, in cubic yards, of the soil to be moved.
(4)
The grades of all streets and lots within 100 feet of the property in question.
(5)
Proposed slopes and lateral supports.
(6)
Present and proposed surface water drainage.
(7)
Such other pertinent data as the Borough may require.
§ 143-105. Fees.
Fees in connection with soil permits are established in § 143-44.
§ 143-106. Review of application.
Upon receipt of an application for a soil permit, the Borough Clerk shall forthwith send a
copy of same to both the municipal agency and Borough Engineer, who shall review the
application and submit their report and recommendations to the Borough Council within 30
days of the date of application.
§ 143-107. Public hearing; notice.
A. The Mayor and Council shall grant or deny the application within 45 days after receipt of
the reports and recommendations of the municipal agency and Borough Engineer. On an
application for a major soil permit, the Mayor and Council shall schedule a public
hearing and shall notify the applicant of the date of such hearing. The applicant shall
give all property owners within 200 feet of the extreme limits of the property, as their
names appear on the Borough tax records, at least 10 days written notice of the hearing
on the application. The notice shall be given in person or by registered mail and shall
state the time and place of the hearing, as fixed by the Borough Council; a brief
description of the property; and that a copy of the application and map has been filed
with the Borough Clerk for public inspection. The applicant shall also cause notice of the
hearing to be published in the official newspaper at least 10 days prior to the hearing.
B. At the hearing, the applicant shall present to the Borough Council the following:
(1)
Certification, in the form of an affidavit, signed and sworn by the applicant,
affirming that he has notified all property owners, as required in Subsection A.
(2)
Proof of publication of the newspaper notice required in Subsection A.
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§ 143-108 LAND USE § 143-110
§ 143-108. Standards for review of application.
In considering and reviewing applications for soil permits, the municipal agency, Engineer
and Borough Council shall be guided by the general purpose of municipal planning and shall
take into consideration the following factors:
A. Soil erosion by water and wind.
B. Surface water drainage (no sharp declivities to be formed).
C. Soil fertility.
D. Public health and safety.
E.
Lateral support slopes and grades of abutting streets and land.
F.
Land values and uses.
G. Such other factors as may bear upon or relate to the coordinated, adjusted and
harmonious physical development of the Borough.
§ 143-109. Performance bond.
Prior to the issuance of a major soil permit, the applicant shall have posted with the Borough
a performance bond conditioned upon full compliance with all the terms and conditions of
approval, including the provisions of this Article. The amount of such bond shall be fixed by
the Borough Council and shall be in the form of cash or surety-bond in a form and with
surety acceptable to the Borough Attorney. The performance bond shall not be canceled or
released until all conditions set forth in the permit have been met.
§ 143-110. Restrictions on soil removal; exception to permit requirements.
A. The soil removal operations shall be so conducted that there shall be no sharp declivities,
pits or depressions, and in such manner that the area shall be properly leveled off,
cleared of debris and graded to conform to the finished contour lines and grades as
approved by the Borough Council.
B. The developer or excavator shall not take away the top layer of arable soil for a depth of four
inches, but such top layer of soil shall be set aside on the premises and shall be respread
over the premises when the rest of the soil has been removed, in conformity with the
contour lines approved by the Borough Council.
C. Anything herein to the contrary notwithstanding, no permit shall be required in
connection with the removal of excess soil resulting from the construction or alteration of
a building, structure or off-street loading or parking areas on such premises and new
streets, roadways or driveways and excavation or grading incidental thereto.
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§ 143-111 BUTLER CODE § 143-115
§ 143-111. Streets used for soil transportation.
In connection with the transportation of soil, whether for purposes of removal or for purposes
of filling, only such streets of the Borough shall be used for transportation as may be
designated for that purpose by the Borough Council. The applicant shall cause such streets to
be kept free from dirt resulting from the transportation of soil, whether or purposes of removal
or purposes of filling.
§ 143-112. Effect on zoning regulations.
Nothing contained herein shall be deemed to modify or repeal any of the provisions of the
zoning regulations of the Borough. In the event of any inconsistency between the provisions
of this Article and the provisions of the zoning regulations, such inconsistency shall be
resolved in favor of the enforcement of the provisions of the zoning regulations.
§ 143-113. Commercial soil removal operations.
As to commercial soil removal operations which existed prior to October 20, 1964, the
provisions of this Article shall not normally be applicable. However, in cases where an excavation,
pit or embankment on any such exempt property is deemed to constitute a safety hazard to persons
or property, the Council shall cause a notice to such effect to be served upon the owner or
tenant. Such notice shall fix a time and place when a hearing will be held, and, if as the result
of such hearing it is determined that remedial or preventive action is necessary for the protection
of the health, safety or welfare of the public or adjacent property owners, the Council may require
reasonable compliance with such provisions of this Article as may be appropriate.
§ 143-114. Enforcement.
The Borough Engineer is hereby designated as the officer whose duty is shall be to enforce
the provisions of this Article. He shall from time to time, upon this own initiative, and
whenever directed by the Borough Council, inspect the premises for which permits have been
granted to ensure compliance with the terms of the permit and of this Article.
Part 5
Zoning Regulations
ARTICLE XVI
Zone Districts and Enforcement
§ 143-115. Zone districts.
For the purpose of this chapter, the Borough of Butler is hereby subdivided into 15 zone
districts known as:
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R-1 Residence District
R-2 Residence District
R-3 Residence District
R-4 Residence District
R-5 Residence District
R-6 Residence District
R-7 Residence District
R-8 Townhouse/Apartment Residential District
SC Senior Citizen Housing District
CBD Central Business District
HC Zone Highway Commercial District
LI Light Industrial District
LI/CBD Limited Industrial/Central Business District
§ 143-116. Zoning Map.
The map entitled, "Zoning Map, Borough of Butler, New Jersey"; dated November, 2005,
which accompanies this Article is hereby declared to be part hereof. The zone boundary lines,
shown on the Zoning Map, are intended to coincide with property lines, the center lines of
street, easements, railroads or drainage courses as they existed at the time of adoption of this
chapter, or they are designated on the zoning map by figures or dimensions. In case of uncertainty
as to the location of any zone boundary line, the determination thereof shall be with the
Board of Adjustment.
§ 143-117. Schedule of Permitted Uses.
The schedule entitled, "Schedule "C", Permitted Uses, Borough of Butler, New Jersey", which
accompanies this chapter is hereby declared to be part thereof (See Appendix).
§ 143-118. Schedule of Zoning Requirements.
The schedule entitled, "Schedule "D", Zoning Requirements, Borough of Butler, New Jersey,
which accompanies this chapter, is hereby declared to be part hereof (See Appendix).
§ 143-119. Purposes.
The purposes of the various zone districts enumerated in § 143-108 above are as follows:
A. R-1 Residence District. To provide an area for low-density single-family detached units
which are compatible with the physical development capacity of the land and consistent with
development patters within the zone.
B. R-2 Residence District. To provide an area for low-density single-family detached units
which are compatible with the physical capacity of the land and consistent with
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BUTLER CODE
§ 143-119
development patterns within the zone. Optional townhouse use, as in the R-2 District, is
also permitted.
C. R-3 Residence District. To provide an area for medium-density single-family detached
housing which is compatible with existing development patterns in the zone and the physical
capacity of the land to accept development. Optional townhouse use, is also permitted where
established standards can be met.
D. R-4 Residence District. To provide an area for high-density single-family detached
homes. This District also serves as a transition zone between the medium- and large-lot
single-family zones and the high-density residential-commercial area of the Central Business
District. This will serve to strengthen established development patterns in these areas.
E. R-5 Residence District. To further broaden the variety of housing available in the
community by increasing densities and the types of units permitted. Provisions are made
for single-family detached units and two-family units. This high-density residential zone
surrounds the central business district and will also provide the economic stimulus
necessary for a successful downtown.
F. R-6 Residence District. To provide an area for high-density multiple-family garden
apartment units. This are is located adjacent to highway commercial and light industrial
districts, thereby providing appropriate ready access to shopping facilities and certain
employment opportunities.
G. R-7 Residence District. To provide an area for high-density multiple-family units. This is
located adjacent to the highway commercial district, thereby providing appropriate ready access
to shopping facilities and certain employment opportunities. [Amended 7-16-2019 by Ord. No.
2019-12]
H. R-8 Townhouse/Apartment Residential District. To provide for townhouse and apartment
development. [Amended 7-16-2019 by Ord. No. 2019-12]
I. SC Senior Citizen Housing District. To provide affordable housing opportunities for
citizens of the Borough who have reached an age and limited income status that limits
their ability to maintain comfortable and convenient living standards.
J.
CBD Central Business District. The Butler central business district has traditionally been
recognized as a regional center developed around industrial and related commercial uses. The
purpose of the CBD District is to strengthen the position of the downtown as a vital center
for community activity in terms of providing retail goods and services, a governmental
center, appropriate industrial uses, and an overall focal point for community social
awareness. Foremost, the central business district concept represents a concentrated,
pedestrian-oriented commercial district.
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K. HC Zone - Highway Commercial Districts. The Highway Commercial Districts are
designed to permit retail uses and commercial services which are appropriate to a
high-traffic artery, such as Route 23, and which complement other commercial areas
while being sensitive to the needs of the Borough and the impacts on surrounding areas,
especially on residential neighborhoods. The design standards for these districts are
intended to permit individual buildings on individual lots, in an effort to promote safe
and efficient development in the difficult-to-control strip-type zone. The site planning
and building design occurring in these districts must be completed in a manner
compatible with an overall development plan which coordinates traffic flow, parking
needs, building orientation, landscaping, drainage and similar factors related to
development, especially when implementation occurs cumulatively over a period of
years. Ordinance provisions relating to the HC Zone District is identical except that
additional conditional uses, as specified in Schedule C are permitted. [Amended 2-22-
2016 by Ord. No. 2016-1]
L. LI Light Industrial District. Locational advantages such as access to major transportation
links, sufficient land area to allow attractive site planning and adequate buffers,
accessibility to infrastructural improvements and the proximity to a substantial labor
supply, determine a community's potential for industrial development. Considering these
constraints, the proposed industrial districts attempt to maximize the development
location factors which Butler has in its favor, namely the Route 23 travel corridor and
sites with infrastructure improvements. Additionally, these districts provide acreage
sufficient to allow maximum attention to proper site design, including the location of
structures and parking, proper ingress and egress, architectural design, proper buffer
zones and screening and creative landscaping. The design standards for the district will assure
compatibility of any proposal with the natural foliage, soils, contours, drainage patterns and
the need to avoid visual intrusion and performance nuisances upon adjacent residential
districts. The objective of the LI Light Industrial District is to provide for an expanded tan
and employment base which is compatible with and enhances surrounding uses.
M. LI/CBD Light Industrial/Central Business District. The purpose of the LI/CBD Light
Industrial/Central Business District is to encourage a full mix of commercial/light industrial
land uses to enable the area so designated to redevelop in flexible but controlled fashion.
[Amended 7-16-2019 by Ord. No. 2019-12]
N. RD Redevelopment. The purpose is to provide for a mixed-use commercial, retail and
residential development in an area of downtown Butler Borough which has been determined
to be in need of redevelopment. [Amended 7-16-2019 by Ord. No. 2019-12]
ARTICLE XVII
Special District Regulations
§ 143-120. Townhouse regulations in the R-2 and R-3 Districts.
A. Area and bulk regulations.
(1)
Minimum lot area: five acres.
(2)
Minimum lot frontage: 150 feet.
(3)
Minimum setbacks: 50 feet from public streets, 75 feet from property lines.
(4)
Maximum density: six dwelling units per acre.
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(5)
Maximum building coverage, including accessory buildings: 20% of lot area.
(6)
Maximum height of building: 2 1/2 stories and 35 feet.
(7) Maximum number of dwelling units per building: Townhouses-8; Apartments-16;
Townhouses and Apartments-12. Only low and moderate-income units may be
apartments.
(8) Unit distribution: No dwelling unit shall contain more than three bedrooms. For
purposes of this Ordinance, a bedroom is any habitable room other than a living room,
dining room, dinette or kitchen.
(9)
Maximum length of principal building: 200 feet.
(10) Minimum distance between buildings: 25 feet; provided, however, that said
distance shall be increased to 50 feet if a driveway is located between buildings,
overlap one another, the minimum average distance between buildings shall be the
distance established above plus 1/2 foot for each foot of building wall overlap up
to a maximum of 75 feet.
(11) Location of dwelling units: No dwelling unit shall be located in a basement or in a
cellar.
B. Garage and accessory building requirements.
(1) Accessory buildings shall meet the street and property line setbacks of principal
buildings.
(2) An accessory building shall be located at least 25 feet from a principal building at
least 15 feet from another accessory building.
(3) Swimming pools, tennis courts and other surfaced recreation facilities shall be at
least 100 feet from a residential property line and at least 75 feet from any other
property line.
(4) The maximum height of any accessory building shall be 16 feet. Clubhouses shall
be governed by height limitations for principal buildings.
(5)
No accessory building shall have a ground floor area exceeding 2,500 square feet.
(6)
Each garage space shall have minimum dimensions of 12 feet in width and 22 feet
in length.
C. Open space and recreation. Exclusive of internal roadways and parking areas, there shall
be provided a minimum of 30% of the entire tract for common open space and facilities.
D. General requirements. Townhouse developments in the R-2 and R-3 District shall be
subject to all applicable requirements of § 143-94.
§ 143-121. Apartment regulations in the R-6 Residence District and townhouse regulation in
the R-7 Residence District. [Amended 7-16-2019 by Ord. No. 2019-12]
A. Area and bulk regulations.
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(1)
Minimum lot area: five acres.
(a) If a lot of less than five acres within this zone adjoins and is contiguous to an
apartment development for which a building permit has been issued, and
upon which actual construction has begun, the area of less than five acres
may be approved for garden apartment development.
(b) If a zone boundary line passes through any lot of five acres or more with the
result that the area available for apartment construction is less than five acres,
such area of less than five acres may be approved for apartment
development; provided, however, that all other regulations pertaining to the
erection or construction of such apartments shall be applied to within the area
permitting such construction, except that the calculation of the number of
units to be constructed shall be based upon such acreage available for such
construction.
(2)
Minimum lot frontage: 150 feet.
(3)
Minimum setbacks: 50 feet from public streets, 75 feet from property line.
(4)
Maximum density: 12 dwelling units per acre.
(5)
Maximum building coverage, including accessory building: 20% of lot area.
(6)
Maximum height of building: 2 1/2 stories and 35 feet.
(7)
Maximum number of dwelling units per building: 16
(8) Unit distribution. No dwelling unit shall contain more than two bedrooms and not
more than 20% of the units shall contain two bedrooms. For purposes of this
Ordinance, a bedroom is any habitable room other than a living room, dining
room, dinette or kitchen.
(9)
Maximum length of principal building: 200 feet.
(10) Minimum distance between buildings: 25 feet; provided, however, that said
distance shall be increased to 50 feet if a driveway is located between buildings. In
addition, if buildings overlap one another, the minimum average distance between
buildings shall be the distance established above plus 1/2 foot for each foot of building
wall overlap up to a maximum of 75 feet.
(11) Minimum floor area. The minimum floor area of a building shall be determined on
the basis of the number of bedrooms in accordance with the schedule below:
Unit Type
Minimum Floor Area
(square feet)
0-bedroom (studio) unit
550
1-bedroom unit
700
2-bedroom unit
900
3-bedroom unit
1,000
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§ 143-122
(12) Location of dwelling units. No dwelling unit shall be located in a basement or in a
cellar.
B. Garage and accessory building requirements.
(1) Accessory buildings shall meet the street and property line setbacks of principal
buildings.
(2) An accessory building shall be located at least 25 feet from a principal building at
least 15 feet from another accessory building.
(3) Swimming pools, tennis courts and other surfaced recreation facilities shall be at
least 100 feet from a residential property line and at least 75 feet from any other
property line.
(4) Maximum density: R-6: 12 dwelling units per acre. R-7: six dwelling units per acre.
[Amended 7-16-2019 by Ord. No. 2019-12]
(5)
No accessory building shall have a ground floor area exceeding 2,500 square feet.
(6)
Each garage space shall have minimum dimensions of 12 feet in width and 22 feet
in length.
C. Open space and recreation. Exclusive of internal roadways and parking areas, there shall
be provided a minimum of 30% of the entire tract for common open space facilities.
D. General requirements. Apartment developments in the R-6 District shall be subject to all
applicable requirements of § 143-94.
§ 143-122. Townhouse regulations in the R-7 Residence District. REPEALED. [Amended 7-
16-2019 by Ord. No. 2019-12]
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§ 143-123
§ 143-123. Regulations in the SC Senior Citizen Housing District.
The following regulations apply in the SC District.
A. Area and density requirements.
(1)
Lot area. There shall be a minimum lot area of 80,000 square feet.
(2) Density. There shall be a minimum lot area of 1,000 square feet set aside for each
dwelling unit.
(3)
Building coverage. The total ground floor area of all structures shall not exceed
35% of the total lot area.
B. Setback requirement. No building shall be located within 15 feet of a public street or
within 15 feet of a property line.
C. Distance between buildings. There shall be a minimum distance between dwelling
structures of 50 feet, except that where an end wall of one dwelling structure faces an
end wall of another dwelling structure, there shall be a minimum distance of 25 feet.
This distance shall be increased to at least 35 feet if a driveway is located between structures.
D. Building requirements.
(1)
Height. No building shall exceed a height of five stories.
(2) Building plans and elevations shall show a variation in exterior design to be
achieved by types of roof, heights or eaves and peaks, building materials and
architectural treatment of the building facade.
(3) Interior walls, separating dwelling units shall be fire walls, constructed in
accordance with provisions of the Borough of Butler Building Code.
E.
Dwelling unit requirements.
(1)
Each dwelling unit shall contain, as a minimum, living area as defined by Section
202 Minimum Federal Housing Standards.
(2) Minimum floor area. Each dwelling unit shall have a minimum floor area,
complying with Section 202 Minimum Federal Housing Standards.
(3) No room within the dwelling unit intended for human habitation shall be located in
a cellar or attic.
(4)
Each dwelling unit shall have at least one window in each exposure.
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§ 143-123.4
(5) Floor and ceilings and partitions between dwelling units shall be constructed so as to
have a minimum airborne sound transmission loss classification of 50 decibels. The
Code Official shall ascertain that reasonable measures are taken in floor and ceiling
construction to avoid disturbing levels of impact sound.
F.
Accessory buildings.
(1) Setbacks. Accessory buildings shall meet the street and property line setbacks of
the principal building. Clubhouses, swimming pools and recreational facilities shall be
at least 10 feet from a principal building or property line.
(2)
Height. The maximum height of an accessory building shall be 16 feet.
(3) Design. Architectural design and materials used in the construction of accessory
buildings shall conform to those used in the construction of principal buildings.
(4) Garages. Garages may be built into the structure or separately constructed as
hereinafter provided. Each garage space shall be at least 12 feet in width and 22
feet in depth. Each group of attached garages shall have a joint capacity of not
more than 10 automobiles, and there shall be a minimum distance of 10 feet
between structures.
§ 143-123.1. Apartments in the R-8 Townhouse/Apartment District. REPEALED
[Amended 7-16-2019 by Ord. No. 2019-12]
§ 143-123.2. Optional townhouse and apartment development in the R-8 Townhouse/Apartment
District. REPEALED [Amended 7-16-2019 by Ord. No. 2019-12]
§ 143-123.3. Locations of vehicular access in HC Zone Highway Commercial and R-8
Townhouse/Apartment Districts.
In the HC Zone and R-8 Districts all vehicular access shall be located on State Highway
Route 23, unless the opposite side of the abutting street is located in a nonresidential district,
unless a controlled, emergency access has been approved by the Planning Board in connection
with site plan approval. Within the R-8 district, additional vehicular egress only shall be
permitted to Maple Lake Road. Within the HC Zone district, additional vehicular ingress
and egress shall be permitted to Morse Avenue. [Amended 2-22-2016 by Ord. No. 2016-1]
§ 143-123.4. Main Street Redevelopment Area.
The purpose of the Main Street Redevelopment Zone is to provide for a mixed-use
commercial, retail and residential development in an area of downtown Butler Borough which has
been determined to be in need of re-development.
A. Principal permitted uses.
(1)
Neighborhood retail uses, consisting of such uses as: [Amended 4-17-2007 by
Ord. No. 2007-9; 1-22-2008 by Ord. No. 2008-1]
(a) Drugstore/pharmacy.
(b) Personal service establishments.
(c) Professional and business offices.
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§ 143-123.4
(d) Bank.
(e) Restaurants.
(f)
Hardware store.
(g) Convenience store.
(h) Ice cream/flavored ice shop with or without walk-up window.
(i) Drive-through windows in accordance with the provisions of § 143-172
except § 143-172D shall read "No entrance or exit shall be located within 10 feet
of an adjoining property."
(j)
Other comparable uses appropriate to a traditional downtown retail center.
(2)
Medical and dental offices.
(3)
Child care center.
(4)
Government and public utility buildings.
(5)
Community buildings, clubs and activities of quasi-public, social or fraternal
character, including Churches and Synagogues.
(7) Residential.
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§ 143-123.4
(8) Mixed uses on a single lot are to be permitted. Mixed uses within a single structure
along Main Street are to be encouraged (i.e. Residential uses over first floor mixed
retail/office use.
B. Permitted accessory uses.
(1) Uses customarily incidental to the principal, permitted uses including, but not
limited to trash enclosures, recycling areas, storage sheds, detached garages and
maintenance/leasing office.
(2)
Private and public parking, including parking garages.
(3)
Signs.
(4)
Awnings.
(5)
Balconies.
(6)
Fencing.
C. Supplemental regulations for principal permitted uses.
(1) Minimum tract size. Entire trace area of at least five acres which may be
subdivided into lots having at least 1/3 acre in area. As a planned development, the
tract shall include the entire redevelopment zone as a single entity; however, the project
may be phased or subdivided after approval if done in accordance with the
development plan.
(2) Coverage for the entire tract shall be limited to 90% provided that the coverage on
any individual lot may exceed 90% in the event that the entire tract is subdivided
in accordance with sections C(1) above.
(3) Maximum building height (excluding mechanical penthouse which shall be limited
to 10 feet above the roofline) is 3 1/2 stories and/or 55 feet.
(4)
Minimum tract front yard: zero feet from the tract line to the building.
(5)
Minimum tract side yard: 10 feet from the tract line to the nearest building.
(6)
Minimum tract rear yard: 10 feet from tract line to the nearest building.
(7) Minimum building setback to Pequannock River: 50 feet excluding existing
structures.
(8) Off-street parking lots and loading areas, together with their access aisles,
driveways and fire lanes shall not occupy more than 60% of the tract area.
(9) Where off-street parking is provided in the form of angled (including 90°) parking
accessed by any aisle, the aisle, the aisle shall not be less than 22 feet in width
where traffic movement is two-way.
(10) Parking stall size shall be nine feet by 18 feet.
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BUTLER CODE
§ 143-123.4
(11) Parking shall be permitted in the front yard setback, but not closer than five feet
from a structure, with the exception of driveway spaces.
(12) Parking shall be permitted a minimum of five feet from property lines.
(13) Parking spaces located in residential driveways and in private garages shall be
counted as one space each.
(14) Angular parking along Main Street is permitted as a key element of the
revitalization of the Main Street corridor.
(15) Parking requirements for residential elements of the Development Plan shall be in
accordance with the Residential Site Improvement Standards (RSIS) requirements
for each use. Commercial parking shall be provided at a rate of one parking space
per 250 square feet of gross nonresidential use. Notwithstanding the foregoing parking
requirements, shared parking between the commercial and residential uses shall be
encouraged provided that such shared parking shall not result in greater than a
30% reduction in the project's overall required parking count.
(16) Parking in excess of the base requirements as outlined in #15 above shall be
provided as may be readily accommodated within the Development Plan to the benefit
of the redevelopment effort by enhancing business viability through improved
convenience and parking availability.
(17) At least one off street loading space shall be provided.
(18) Access shall be set back from the street line of any intersection street at least 50
feet.
D. Supplemental regulations for residential housing.
(1)
The following dwelling unit types are permitted:
(a) Multifamily dwellings.
(b) Apartments.
(c) Townhouses.
(d) Mixed use residential/retail buildings.
(2) Common open space if there is multiple ownership. Maintenance of common open
space shall be regulated by a management association.
(3)
Maximum gross density: 12 dwelling units per acre.
(4)
Site and building design.
(a) The site plan shall be in substantial general conformance with the approved
Development Plan and as specified herein.
E.
Nonresidential parking access.
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(1) Parking location. On-street angled parking shall be allowed for retail and
commercial uses.
(2) All off-street parking shall be screened from public roadways by landscaping, to
the extent feasible and reasonable.
(3) One parking space, exclusive of any access drive or aisles, shall be provided for
every 250 square feet of gross floor area, or any fraction thereof, of commercial
retail or office uses. Shared parking shall be allowed as approved by the Planning
Board.
F.
Signs.
(1) Signage shall comply with Article XXI, Sections 143-174 and 143-175 with the
following exceptions:
(a) The minimum setback from the property line shall be zero feet and a
freestanding sign shall have a minimum of three feet vertical clearance
between the average ground level and the bottom edge of said sign, so long
as the sign does not obstruct the visibility of the driver.
(b) Project identification signs may be erected or located on, within or over any
public right-of-way directly associated with the tract subject to the review
and approval of the Planning Board.
G. Buffering and landscaping.
(1) A minimum landscaping buffer, 10 feet wide, wherever possible, shall be provided
along all property lines, including public streets, except for frontage along the
Pequannock River, where a minimum 25 feet wide buffer within the setback shall
be provided.
(2) The river walk buffer shall consist of a mix of walkways, sitting areas, and
plantings and is not intended to be a visual "buffer" to prevent visual access to the river
from the on site uses.
H. Definitions.
(1) A Development Plan shall mean a master site plan for review and approval by the
Planning Board showing the general location and distribution of the uses for the
tract, their interrelationship, the potential subdivision into lots and the phasing of the
development. The Development Plan may be amended from time to time with approvals
from the parties.
§143-123.5 Cannabis Retail and Medical Cannabis Dispensary Conditional Use in HC Zone.
[Amended 7-20-2021 by Ord. No. 2021-16]
The operation of Cannabis Retail Establishments as defined by P.L.2021, c. 16, and
Medical Cannabis Dispensaries shall be a conditional use in the HC Zone—Highway
Commercial District as provided in Article XX of this Chapter.”
143:116
143-124 BUTLER CODE § 143-128
ARTICLE XVIII
General Provisions
§ 143-124. Applicability of regulations.
No land or premises shall be used and no building or structure shall be erected, raised, moved,
extended, enlarged, altered or used for any purpose other than a purpose permitted herein, for
the zone district in which it is located, and all construction shall be in conformity with the
regulations provided for the zone district in which such building or premises is located. Each
of the sections and provisions of this Article shall apply to all zone districts unless otherwise
stated.
§ 143-125. Existing platted lots.
Any lot or plot as recorded at the time of passage of this Chapter that fails to comply with the
minimum requirements of this Part 5 (Zoning Regulations) of this Chapter 143 may be used
for any use not otherwise prohibited in such district in which it lies; provided all of the
following requirements are complied with.
A. Said lot is in single ownership as defined in this § 143-5.
B. All yard requirements are complied with except that where the average lot width is less
than its zone district requirements the side yards may be reduced by the percentage that
the lot width bears to the zone district requirements; provided, however, no side yard
shall be less than 1/2 the required side yard.
§ 143-126. Subdivision of lot.
When a new lot or lots are formed from part of a parcel of land, the separation must be
effected in such a manner as not to impair any of the provisions of this Part 5 (Zoning Regulations)
of this Chapter 143. Subdivision shall be effected in accordance with Part 3 (Development
Review) of this Chapter 143.
§ 143-127. Required area or space.
No lot, yard, parking area or other space shall be so reduced in area or dimension as to make
said area or dimension less than the minimum required under this Part. If already less than the
minimum required under this Part, said area or dimension shall not be further reduced.
§ 143-128. Prohibited use. [Amended 7-20-2021 by Ord. No. 2021-16]
A. Where a use is not specifically permitted in a zone district, it is prohibited.
B. No dwelling unit shall be located in a basement or cellar.
C. Except as otherwise provided in Articles XVII and XX of this Chapter, the operation of all
classes of cannabis establishments as defined by P.L.2021, c. 16, including but not limited
to, cannabis retailers, cultivators, manufactures, distributors, wholesalers, testing facilities,
or delivery services, are expressly prohibited uses within the jurisdictional boundaries of the
Borough of Butler.”
143:117
§ 143-129 LAND USE § 143-129
§ 143-129. Requirements to be met on lot and within zone district.
A. Unless otherwise provided herein, all yards, open space, vehicular access and off-street
parking must be contained on the lot and within the zone district in which the use is
located.
B. Required off-street parking and loading requirements as regulated in § 143-86 shall be
provided on-site.
143:118
§ 143-130 LAND USE § 143-134
§ 143-130. Yards.
Every lot must provide front, rear and side yards as required by its zone district. All front
yards must face upon a dedicated public street or a private street approved by the Planning
Board.
§ 143-131. Front yard setback adjustment. [Amended 7-16-2019 by Ord. No. 2019-12]
A. Minimum front yard setbacks, as regulated and provided in Schedule “D”, may be modified
so that the minimum setback shall be established by utilizing one (1) existing principal
structure on either side of the subject site, on the same side of the street. The front yard
setback adjustment for corner lots shall be that setback associated with the main front
entrance to that structure.
B. Existing conforming one and two-family uses may extend to the 35’ height limitation, the
front yard setback notwithstanding. The new structure must conform to the minimum side
and rear setbacks, and may not exceed the existing front yard setback of the dwelling.
Section 143-135B, “Extensions into yards,” shall not be applicable to this provision.
§ 143-132. Location of building entrance.
The main entrance to a building may be located in any building wall except in the wall of a
building which faces a rear yard.
§ 143-133. Corner lot.
Where a lot is bounded by more than one street, the front yard setback requirements from
each abutting street shall be met. On a corner lot, either street frontage which meets the minimum
frontage required for the zone may be considered the lot frontage. The yard opposite the
front of the lot shall be considered the rear yard for purposes of meeting the minimum rear yard
requirement. If a lot becomes a corner lot either (1) as the result of the dedication of a street
right-of-way in connection with approval for the development or adjacent land or (2) as
the result of the establishment or acquisition of a public street right-of-way by any
governmental entity, whenever such dedication, establishment or acquisition occurred
subsequent to the erection of a principal structure on such lot, the minimum setback
requirement shall be the same as the setback of the principal building, but in no event less than
the minimum required side yard for an interior lot. On a corner lot, the provisions of § 143-73R
regarding the erection and maintenance of structures and plantings shall apply to any area that
would be subject to the established of a sight triangle easement. The provisions of Chapter 223
of the Borough Code concerning vegetation shall also apply.
§ 143-134. Easements excluded.
Easements for natural watercourses shall not be deemed part of any lot for the purpose of
complying with area, frontage and yard requirements.
143:119
§ 143-135
BUTLER CODE
§ 143-136
§ 143-135. Exceptions to requirements.
A.
Height exceptions. With the exception of residential uses as permitted by this chapter,
penthouses or roof structures for the housing of stairways, tanks, ventilating fans,
air-condition equipment or similar equipment required to operate and maintain the
building, skylights, spires, cupolas, flagpoles, chimneys or similar structures may be
erected above the height limits prescribed by this chapter but in no case more than 25% more
than the maximum height permitted for the use in the district.
B. Extensions into yards. No part of any building shall extend more than one foot beyond
the foundation into any required yard except the following which shall not extend more
than two feet beyond the foundation into any required yard:
(1)
Roof overhangs (drip line).
(2)
Bay or bow windows.
(3)
Steps, except that front steps shall not extend more than five feet into the required
front yard. Such steps may be covered with a roof.
(4) Chimneys.
§ 143-135.1. Decks and patios.
A. Within all one and two family residential zones, decks and platforms, whether
freestanding or attached to a building, shall meet the following yard setback requirements as
follows: The setbacks for decks and platforms may be reduced by 25% from the requirements
in Schedule "D".
B. Within all multifamily residential and nonresidential zones, decks and platforms, whether
freestanding or attached to a building, shall meet the side and rear yard setback
requirements for the particular zone.
C. Decks and platforms, whether freestanding or attached to a building are prohibited within
the front yard.
D. Porches, as defined herein are permitted within the front yard but must meet the front
yard setback requirements for principal buildings in that zone provided however, they are
attached to principal building by a common wall.
§ 143-136. Principal building.
Only one principal building may be erected on a lot except for related buildings forming one
principal use in the same ownership and limited to the following:
A. Public or institutional building complexes.
B. Research, industrial, manufacturing, office or retail shopping complexes.
C. Multifamily dwelling complexes.
D. Unless otherwise regulated in this Part, no principal building shall be located closer to another
building than the height of the taller building.
143:120
§ 143-137 LAND USE § 143-139
§ 143-137. Accessory building.
Except as otherwise provided in this Article, buildings which are accessory to a principal use
or building are permitted in all zones as follows:
A. Attachment to principal buildings. Any accessory building attached to a principal
building shall be considered part of the principal building, and the total structure shall adhere
to the yard requirements for the principal building regardless of the technique of connecting
the principal and accessory buildings.
B. Construction prior to principal building. No building permit shall be issued for
construction of any accessory building prior to the issuance of a building permit for the
construction of the main building does not precede or coincide with the construction of
the accessory building, the Building Inspector shall revoke the building permit for the
accessory building until construction of the main building has proceeded substantially toward
completion.
C. Distance between adjacent buildings. The minimum distance between an accessory
building and any other building(s) on the same lot shall be as prescribed in Schedule D.
D. Height. The height of accessory buildings shall be as prescribed in Schedule D.
E. Location. An accessory building may be erected in side and rear yard areas only and
shall be set back from side and rear lot lines as prescribed in the individual district
regulations, except that if erected on a corner lot, the accessory building shall be set back
from the side street to comply with the setback line applying to the principal building for
that side street.
F. A maximum of two accessory structures and two private storage sheds as regulated in
§ 143-139 shall be permitted. No more than one detached garage shall be permitted per
residential lot. Playsets, gym and swing sets and similar structures shall be included in
the number of allowable accessory structures. Swimming pools are not to be included in
the total number of allowable accessory structures. The total of all accessory structures
shall not exceed the lot coverage as provided for in Schedule "D".
§ 143-138. Principal uses in nonresidential districts.
In the nonresidential districts a principal building may contain more than one use provided
that the total building coverage of the combined uses does not exceed the maximum building
coverage specified for the zone district and further, that each use occupies a minimum gross
floor area of 750 square feet.
§ 143-139. Private storage sheds.
A. No private residential storage shed shall be constructed or installed on any lot unless the
lot contains a residence building. Storage sheds shall be located in rear yard areas only
and shall meet the setback distances for accessory buildings as specified for each
particular zoning district.
143:121
§ 143-139 BUTLER CODE § 143-141
B. Storage sheds shall meet the maximum lot coverage for accessory buildings as specified for
each particular zoning district in Schedule D and no individual storage shed shall exceed an
area of 200 square feet. Storage shed must meet the design criteria of the principle use and
may not be constructed of cloth, canvas, or similar type material.
C. Storage sheds shall be firmly anchored to the ground to insure stability.
D. No residential uses shall contain more than two storage sheds on any one lot.
§ 143-140. Swimming pools, hot tubs and SPAS.
A. No private residential swimming pool, shall be constructed or installed on any lot unless
the lot contains a residence building. Pools shall be located in rear yard areas only and
shall in no case be located closer than 10 feet to any lot line.
B. A swimming pool shall occupy no more than 50% of the available rear yard area in
which it is located.
C. A private residential swimming pool area must be surrounded by a suitable fence with a
self-latching, self-closing, opening-out gate at least four feet, but no more than six feet,
in height, and said fence shall not require a minimum setback from any lot line.
D. No private residential hot tub or spa, either fixed or portable, shall be constructed or
installed on any lot unless the lot contains a residential dwelling. Exterior hot tubs shall
be permitted within the rear yard only and shall not be located closer than 10 feet to the
property line.
§ 143-141. Fences and walls.
On any lot in any district, no wall or fence shall be erected or altered so that said wall or
fence shall be over four feet in height in front yard areas except where otherwise restricted in
a sight triangle easement pursuant to § 143-73R, and six feet in height in side and rear yard
areas, except that:
A. Dog Runs shall be located in rear yard areas only and shall be set back from any lot line
at least 10 feet. A dog run shall not exceed 200 square feet and will be counted as one of
two sheds allowed under 143-139D. Dog Houses must first be approved by the Animal
Control Officer to assure that it is in compliance with the State Code.
B. A private residential swimming pool area must be surrounded by a fence at least four
feet, but no more than six feet, in height. Swimming pool areas shall be located in rear
yard areas only and said fence shall not require a minimum setback from any lot line.
C. A tennis court area, located in rear yard areas only, may be surrounded by a fence a
minimum of 15 feet in height, said fence to be set back from any lot line the distances
required for accessory buildings in the individual zoning districts.
143:122
§ 143-141
LAND USE
§ 143-141
D. Where fences are located within 10 feet of a driveway or street intersection they shall not
exceed three feet for a distance of 15 feet beginning from the street property line.
E. Any fence shall have the front, or "finished" side of the fence facing the adjoining
property line and/or street right-of-way. All structural supporting mechanisms of the
fence structure shall face the interior of the subject lot.
F. In any residential or mixed-use district, fences within a required front yard shall consist of no
more than 50% solid material and shall be equally distributed throughout the entire length of
fence. The ordinance requires solid fences in the front yard to be setback at least four feet
from the front property line and a landscape buffer must be planted in front of the fence. The
buffer should consist of plants such as compact juniper, forsythia, compact euonymus, or an
approved equal. The plants are to be installed three feet on center and at a minimum height
of 24 inches. A fence that is 50% open (such as picket) can be installed at the front property
line without a landscape buffer.
G. All solid and semi-solid fences shall be of a substantial wood, composite, vinyl, iron or
aluminum construction and be structurally sound and able to withstand wind and
weather. Solid and semi-solid fences shall be of stock, basket weave, picket or shadow board
design. No fence shall be erected or contain barbed-wire, topped with spikes, or constructed
of any material or in any manner which may create dangers to public health and safety.
H. Chain-link fences (minimum 11 gauge) are permitted within the side and rear yards only.
I.
No fence shall be constructed of materials, or combination of materials which are likely
to collapse under a person or animal of 100 pounds or less.
J. All fences, including supporting posts or structures, must be located on the inside of the
property line.
K. Hedge rows, or similar vegetation planted for purposes of creating a full or partial barrier shall
not exceed four feet in height where located within 15 feet of the street right-of-way, nor three
feet in height where such plantings are located within a designated sight easement/triangle or
within 25 feet of a street intersection. Vegetation shall be planted no closer than four feet to
the property line and shall not encroach over a sidewalk or beyond a property line and shall
be maintained in a neatly trimmed condition.
L. For purpose of applying height limits, multiple, staggered or tiered walls, and/or
wall/fence combinations shall be considered single units unless the minimum horizontal
distance between the top of any section or tier shall be 10 feet.
M. The following fences and fencing materials are specifically prohibited:
(1)
Barbed wire.
(2)
Short, pointed fences less than 48 inches in height.
(3)
Canvas.
(4)
Cloth.
(5)
Electrically charged.
(6)
Poultry fences.
(7)
Turkey wire.
(8)
Temporary fences, such as snow fences, unless on construction sites.
143:123
§ 143-141 BUTLER CODE § 143-143
(9)
Expandable or collapsible fences, except during construction of a building.
(10) Concrete blocks larger than the Standard Cored Concrete Block which is 12”wide
x 8” high x 16” long.
N.
No fence shall be multi-colored.
O. All entrances or gates shall open onto the property.
P. All fences/walls shall conform to residential standards. All fences and walls shall be uniform in
construction and appearance and shall be properly maintained so as not to be unsightly or in
any way offensive or detrimental to adjoining or nearby properties and property owners. Walls
may be constructed out of brick or stone or other maintenance-free material, subject to review
and approval by the Zoning officer. Concrete block, painted or unpainted, shall not be
permitted, unless treated with facing such as stucco.
§ 143-142. Garages in residential districts.
No building permit shall hereinafter be granted for the erection of a new one- or two-family
dwelling unless provision is made for the construction of a garage, connected by an
adequately surfaced driveway to the adjacent street. Driveway surfacing shall be asphalt or
equal for the total distance from the garage apron to the street pavement.
§ 143-143. Parking and storage of vehicles on residential lots.
A. All vehicles must be owned or used by a resident of the premises. Only one vehicle used
for commercial purposes may be parked on a property.
B. Parking in front yards shall be in a paved driveway or in a paved area served by a
driveway in accordance with § 143-133. The total paved area shall not exceed 35% of
the front yard area.
C. No truck or other vehicle with a registered gross vehicle weight exceeding 15,000
pounds, having a height measured from the ground exceeding eight feet, or having a
length measured bumper-to-bumper exceeding 24 feet shall be parked on a residential lot
unless stored in a completely enclosed garage at all times.
D. All parking for motor vehicles and trailers shall be paved.
E. All parking and storage shall be located at least five feet from a property line, except when
on a driveway on a residential property.
F. Asphalt or other hard surfacing is limited to driveways, parking areas, storage
areas, walkways and patios. The total of all hard surfacing shall not exceed
25% of the available lot area.
G. Any motor vehicle parked or stored shall have a valid DMV registration except those
vehicles stored in a fully enclosed garage.
H. A total of two recreation vehicles, as defined herein may be stored or parked on a single
lot within a residential district provided that the following requirements are met:
(1) Such recreational vehicles shall be parked, stored within the side or rear yard (and on
a corner lot the non-address side shall be considered a side yard for purposes of this
Section) only of the subject premises, when possible, upon which the owner of said
vehicle(s) reside. Only one such vehicle may be parked in the front yard when necessary
and it cannot exceed 22 feet in length. A total of two recreation vehicles, as defined herein
may be stored or parked within a residential district provided that the following
requirements are met: (1) Such recreational vehicles shall be parked, stored within the
side or rear yard only of the subject premises upon which the owner of said vehicle(s)
reside;
143:124
§ 143-143 LAND USE § 143-144.1
(2) Recreational vehicles as defined herein must be kept licensed, registered and in proper repair
and may not be used for living purposes, or for storage of materials other than those which are
customarily used in conjunction with said vehicle.
(3) Commercial vehicles, except for those identified in §143-143A, as defined by this chapter are
prohibited from being stored within a residential district.
(4) Storage and/or parking of recreational vehicles shall be on an asphalt paved, concrete or concrete
paver surface and must meet the minimum required setbacks for accessory structure per the
particular residential zone, but in no case shall it be less than 10 feet when stored or parked in
the side yard.
(5) Only one self-propelled motor home is allowed which shall not exceed a bumper-to-bumper
length of 36 feet (including trailer) or a height of 10 feet measured to the top of the roof.
[Added 7-16-2024 by Ord. No. 2024-16]
§ 143-143.1. Residential vehicle repair.
A. Vehicle(s) owned by a resident of the property may do vehicle repairs.
B. Repairs shall be limited to minor vehicle repairs only. Major vehicle repairs are strictly
prohibited.
C. Inoperable vehicles can only be stored on the driveway for 72 hours (three days). If the vehicle
is not repaired by then, the inoperable vehicle shall be stored in the garage, out of public
view.
D. Vehicle repair is not allowed on the public right-of-way (street, parkways (the area
between the sidewalk and the curb) or sidewalk), or the front lawn. All work must be
done on the driveway or inside the garage.
§ 143-143.2. Residential vehicle sales.
A. Vehicle sales from an occupied residential lot is permitted. Commercial auto sales and/or
auto brokering is prohibited.
B. Vehicles may be displayed on the driveway and not within the public right-of-way (street
and sidewalk).
C. No more than one vehicle may be for sale at any one time.
§ 143-144. Parking of vehicles in nonresidential districts.
Commercial vehicles, recreational vehicles, buses, ambulances, vans, limousines, trucks and
construction equipment and similar vehicles shall not be permitted to be stored in any
nonresidential district unless owned by the occupant of a permitted use in the zoning district
and used as an integral part of the principal use of the site. Storage and/or parking of all
vehicles shall be on an asphalt paved, concrete or concrete paver surface and must meet the
minimum required setbacks for accessory structure per the particular zone.
§ 143-144.1. Private vehicle sales.
A. Privately owned vehicles shall only be offered for sale from property owned, rented or
leased by the owner or lessee of the vehicle.
B.
Privately owned vehicles for sale from property not owned, rented or leased by the
owner or lessee shall be prohibited.
143:125
§ 143-145 BUTLER CODE § 143-148.1
§ 143-145. Outdoor machines and equipment.
Outdoor use of machines, mechanical tools, earthmoving and yard maintenance equipment
incidental but necessary to serve the principal use in any business or industrial district shall be
conducted so as not to transmit undue noise or nuisance in terms of intensity or duration
beyond the boundary of said district into any residential district. The Planning Board, at its
discretion, during Site Plan Review may restrict the type, size and times of usage of such
equipment to assure compliance with this requirement.
§ 143-146. Commercial amusements.
Pinball machines, electronic video games and similar electronic games shall be permitted as
accessory uses to restaurants, taverns, delicatessens and coffee shops only.
§ 143-147. Temporary permits for certain transportable structures.
No transportable or wheel based structure or other temporary structure used as an office,
storage shed or other use incidental to and in connection with a permitted construction project
or building shall be placed on the site unless the Construction Official shall first have issued a
temporary permit therefore, such structure shall not be located so as to be detrimental to any
adjoining property and shall be removed from the site prior to the issuance of a certificate of
occupancy for the permitted construction project or building.
§ 143-148. Outdoor storage.
A. Prohibition on outdoor storage. In the HC District, no article or material shall be kept,
stored or displayed outside the confines of a building unless the same is screened by
special planting or a fence as approved by the Planning Board. No storage shall be
located in a front or in a side yard adjoining a street. Said storage area shall meet the location
requirements for accessory buildings. In the CBD, LI and CBD/LI Districts, outdoor storage
is prohibited except as stated hereafter.
C.
Exception for temporary outside display in CBD Zone. The temporary outside display of
nonperishable merchandise and/or promotional items by merchants during daily hours of
operation shall be permitted as accessory to a permitted retail use. This outside display
shall be permitted provided that the display shall be located in an area not to exceed 18 inches
from the front of the building and further provided that at least 48 inches of sidewalk
shall remain open and passable.
§ 143-148.1. Temporary Exterior Storage Units in Residential Districts [Added 10-16-2018
by Ord. No. 2018-15]
A.
Temporary Exterior Storage Units shall be permitted as an accessory use in the R1, R2, R3,
R4 and R5 zones.
B.
It shall be unlawful for any person to park, place or suffer placement of a temporary exterior
storage unit which:
1. Exceeds one hundred thirty (130) square feet in size, and exceeds eight (8) feet in height;
2. A maximum of one unit per property at any one time;
143:126
§ 143-148.1 BUTLER CODE § 143-148.1
3. Is not secured or which is accessible to others not using the unit;
4. Lacks vermin proof floors or otherwise permits rat and vermin harborage;
5. Is not in a state of good repair and alignment and free from nuisance; or
6. Is placed on an undeveloped lot.
C.
It shall be unlawful for any person to park, place or suffer placement of a temporary exterior
storage unit:
1. In or upon any street, highway, roadway, designated fire lane or sidewalk in the Borough;
2. On any lot or property in the Borough other than on concrete, asphalt or other improved
surface;
3. On any lot or property in the Borough used for commercial purposes or containing three or
more dwelling units in such a way as to block or interfere with access to a garage or off-
street parking areas;
4. In a manner that interferes with sight lines for motorists on adjoining streets or the
driveways of adjacent properties;
5. In a manner that obstructs safe means of access to or from any dwelling;
6. In a manner that creates fire or safety hazards; or
7. That display advertising, other than the identification of the manufacturer or operator of
the unit.
D.
No temporary exterior storage unit shall be used to store solid waste, construction debris,
demolition debris, recyclable materials, business inventory, commercial goods, goods for
property other than at the residential property where the temporary exterior storage unit is
located, or any illegal or hazardous material.
E.
Permits; fees. No person shall park, place or suffer placement of a temporary exterior
storage unit for more than five (5) days without first obtaining a permit from the Zoning
Officer. The permit shall specify the time period, not exceeding sixty (60) days, during
which time the unit may be kept on the property.
1. No more than two (2) permits, including one (1) extension, may be issued for any lot or
parcel of property in any twelve (12) month period. An extension may be denied at the
discretion of the Zoning Officer;
2. The application fee for the permit shall be ten ($10) dollars for each sixty (60) day period
143:127
§ 143-149
LAND USE
§ 143-149
§ 143-149. Performance standards.
The performance standards set forth below are for all nonresidential uses permitted in this chapter.
An application for a permit shall provide documentation that the intended use will comply with
the performance standards enumerated below. In the case of a structure being built where the
future use is not known, a building permit may be issued with the condition that no certificate
of occupancy will be issued until such time as this documentation is
submitted with respect to the particular occupant. A new application and a new certificate of
occupancy shall be required in the event of a change in the use of any structure.
A. Fire and explosion hazards. All activities shall be carried on only in structures which
conform to the standards of the National Board of Fire Underwriters or the Borough Building
Code or Fire Ordinance, whichever is more restrictive. All operations shall be carried on,
and all combustible raw materials, fuels, liquids and finished products shall be stored, in
accordance with the standards of said Board of Fire Underwriters.
B. Radioactivity. No activities shall be permitted which emit dangerous radioactivity at any
point.
C. Electricity. Electric or electronic equipment shall be shielded so that there is no
interference with any radio or television reception at the lot line as the result of the operation
or such equipment.
D. Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be
permitted which would cause the temperature to rise or fall in any body of water.
E. Air pollution. There shall be no dissemination of smoke, fumes, gas, dust, odor or any
other atmospheric pollutant beyond the boundary of the lot occupied by such use. Every
industrial operation shall conform to the standards for air pollution as set forth in the
New Jersey Administrative Code, Title 7, Chapter 27.
F. There shall be no vibration which is discernible to the human sense of feeling beyond the
immediate site on which such use is conducted.
G. Noise.
(1) There shall be no noise defined as follows: The sound pressure level radiated
continuously from a facility between the hours of 10:00 p.m. and 7:00 a.m. shall
not exceed the following in any octave band of frequency:
Octave Band Center Frequency
(hertz)
Sound Pressure Level1
(decibels)
31.5
67
63
62
125
52
250
46
500
40
1,000
36
2,000
33
4,800
30
8,000
27
NOTE:
143:128
§ 143-149 BUTLER CODE § 143-151
1 According to the following formula, sound pressure level in decibels equals 20
log P/P2 where P2 equals 0.0002 dynes/square centimeter.
(2) If the noise is not smooth and continuous and is not radiated at nighttime, one or
more of the following corrections shall be added to or subtracted from each of the
decibel levels given above.
Correction
Type of Operation or Character of Noise
(decibels)
Daytime operation only
+5
Noise source operates less than 20% of the time
+51
Noise source operates less than 5% of the time
+101
Noise source operates less than 1% of the time
+151
Noise of impulsive character (hammering, etc.)
–5
Noise of periodic character (hum, screech, etc.)
–5
NOTE:
1
Apply one of these corrections only.
(3) The foregoing measurements shall be made at a point 25 feet distant from the
building wherein the noise originates or at the nearest boundary line of the
property, whichever is further away, and shall be measured with a sound-level
meter and an octave band analyzer that conforms to the specifications published by the
American Standards Association, Incorporated, New York, New York.
§ 143-150. Lot grading.
Prior to the alteration of any site elevations in excess of one foot a lot grading plan shall be
submitted to the Construction Official and approved by the Borough Engineer. The
requirement for a lot grading plan may be waived by the Borough Engineer if, in his opinion,
the proposed land disturbance will not present any risks or problems of soil erosion, drainage
or other hazards.
§ 143-151. Child care centers.
Other regulations of this Ordinance to the contrary notwithstanding, child care centers for
which, upon completion, a license is required from the Department of Human Services
pursuant to P.L. 1983, c.492 (C.30:5 B-1 et seq.) shall be permitted in all nonresidential
zones. Childcare centers are also permitted as secondary uses in conjunction with institutional
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§ 143-151 LAND USE § 143-153
uses located in any zone district. Childcare centers shall be subject to the following
requirements:
A. Time of operation. Childcare centers, except childcare centers operated by an industry
during the work hours as a service to its employees, shall be limited to daytime
operations between the hours of 6:00 a.m. to 7:00 p.m.
B. Setbacks. Any building containing a child care center shall meet the yard requirements of
the zone district, provided that no such building shall be located within 35 feet of a
residential property.
C. Outdoor play areas. Outdoor play areas shall be located in side and rear yards only, shall
be enclosed by a fence and shall be located at least 35 feet from a residential property
line and at least 20 feet from a nonresidential property line.
D. Parking. Off-street parking shall be provided in accordance with Schedule "B" and shall
be subject to the location requirements applicable to the zone district as provided in Schedule
"A". Pickup and delivery of children shall take place on the site with safe means of
ingress and egress as approved by the Planning Board.
E. Screening. All parking areas and play areas that adjoin residential properties shall be
effectively screened by appropriate landscaping as approved by the Planning Board.
F. Minimum lot size. Unless a greater area is required by the zone district in which the use
is located, there shall be a minimum lot area of 12,500 square feet for the first 10
children for which the facility is licensed to accommodate at any one time plus 500
square feet for each additional child for which the facility is so licensed.
G. Other conditions. Any childcare center shall be subject to site plan approval by the
Planning Board in accordance with Part 3.
ARTICLE XIX
Nonconforming Buildings and Uses
§ 143-152. Continuance of nonconforming use or structure.
Any nonconforming use or structure existing at the time of the passage of an ordinance may
be continued upon the lot or in the structure so occupied and any such structure may be
restored or repaired in the event of partial destruction thereof. All nonconforming uses and
structures shall be subject to the provisions of N.J.S.A. 40:44D-68 and other applicable provisions
of law.
§ 143-153. Restoration of existing buildings.
Nothing in this chapter shall prevent the restoration of a nonconforming building partially
destroyed by fire, explosion, act of God or act of public enemy, provided that any building
partially destroyed in the manner aforesaid may be reconstructed and thereafter used only in
such a manner as to not further violate the reasons for nonconformity. Any building
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§ 143-153 BUTLER CODE § 143-158
substantially or totally destroyed in the manner aforesaid may only be rebuilt as a conforming use.
§ 143-154. Completion of existing buildings.
Nothing in this chapter shall require any change in plans, construction or designated use of a
building for which a building permit has been heretofore issued and construction diligently
pursued within 12 months of the date of such permit.
§ 143-155. Unlawful use not authorized.
Nothing in this chapter shall be interpreted as authorization for or approval of the continuance
of the use of a structure or premises in violation of zoning regulations in effect at the time of
the effective date of this chapter.
§ 143-156. Nonconforming due to reclassification.
The foregoing provisions of this section shall also apply to buildings, structures, land or uses
which hereafter become nonconforming due to any reclassification of zone districts under this
chapter or any subsequent change in the regulations of this chapter.
§ 143-157. Date of nonconformance.
In all existing residences which encroach upon minimum setback requirements for side and
rear yards, second story additions shall be allowed if those setback requirements are not more
than 30% from the requirements in Schedule “D”. In addition, such expansions shall not
exceed the square feet of the first floor.
§ 143-157.1. Expansion of existing nonconforming residences.
Expansion of existing nonconforming residences. In all existing residences which encroach upon
minimum setback requirements for side and rear yards, second story additions shall be allowed if
those setback requirements are not more than 30% from the requirements in Schedule “D”. In
addition, such expansions shall not exceed the square feet of the first floor.
ARTICLE XX
Conditional Uses
§ 143-158. Application procedures.
Pursuant to P.L. 1975, c.291, the Planning Board may grant conditional uses wherever
permitted in this chapter. Application for a conditional use shall be made in accordance with
the procedures set forth in Part 3 of this chapter for preliminary subdivision plat approval, and the
Planning Board shall act on the application in accordance with said procedures for preliminary
subdivision plat approval. Requirements for conditional uses provided for in this chapter shall
be as follows.
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§ 143-158.01 LAND USE § 143-160
§ 143-158.01. Location requirements.
Properties containing a conditional use shall be separated by a minimum of 1,000 feet,
measured in a straight line, from the nearest property line of the same conditional use. This
separation requirement shall not apply to the following conditional uses:
Apartments over businesses
§ 143-167
Home occupations
§ 143-173.2
Keeping of animals
§ 143-173.3
§ 143-159. Service stations.
A. Minimum lot size shall be 40,000 square feet, and shall meet the minimum lot
dimensions to those required in the HC Highway Commercial Districts.
B. Minimum building setback from a front street line shall be 100 feet. All pump islands
shall be set back a minimum of 30 feet from any street line. Minimum width of each side
yard shall be 30 feet. On corner lots, the side street setback line shall conform to that existing
or required on the side street. Minimum rear yard depth for service stations shall be 50 feet.
C. Parking and paved area setbacks shall be those established for the HC Highway
Commercial Districts.
D. Parking on the site shall be limited to those vehicles of employees, those which are
involved in repairs or servicing at the station and those commercial vehicles accessory
and necessary to the operation of the service station. No other parking shall be permitted. No
parking shall be permitted on unpaved areas.
E. There shall be a minimum of 1,500 feet between service stations and limited service
stations, which distance shall be measured from the nearest property lines; provided,
however, that this restriction shall not apply to stations located along opposite side lines
of a dual highway with traffic lanes divided by a permanent median strip.
F. No service station shall be located within 300 feet of any school, theater, church, public
park or playground, fire station, health-care facility, first-aid station, public building or
institution.
G. All appliances, pits and storage areas other than gasoline filling pumps and air pumps
shall be within a building. All lubrication, repair or similar activities shall be performed
in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed
building.
§ 143-160. Limited service stations.
Limited service stations shall be permitted in accordance with following regulations:
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§ 143-160
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§ 143-160.1
A. Minimum area and yard requirements.
(1)
Principal building minimum.
(a) Lot area: 40,000 square feet.
(b) Lot frontage: 150 feet.
(c) Lot width: 150 feet.
(d) Lot depth: 125 feet.
(e) Side yard (each): 25 feet.
(f)
Front yard: 50 feet.
(g) Rear yard: 50 feet.
(2)
Maximum building coverage of principal building: 10%.
(3)
Maximum building height. No building shall exceed 15 feet in height and shall
consist of no more than one story.
B. Parking and paved area setback shall be those established for the HC Highway
Commercial Districts.
C. Parking on the site shall be limited to those vehicles of employees, those which are
involved in gasoline servicing at the station and those commercial vehicles accessory and
necessary to the operation of the service station. No other parking shall be permitted. No
parking shall be permitted on unpaved areas.
D. There shall be a minimum of 1,500 feet between service stations, which distance shall be
measured from the nearest property lines; provided, however, that this restriction shall
not apply to stations located along opposite side lines of a dual highway with traffic
lanes divided by a permanent divider.
E. No service station shall be located within 300 feet of any school, theater, public park or
playground, fire station, health care facility, first-aid station, public building or
institution.
F. There shall be only one principal building permitted on the site for limited storage,
business transaction and rest room facilities.
G. All vehicular access, whether ingress or egress, shall be limited to the Route 23
right-of-way only.
§ 143-160.1. Limited service stations with convenience center. [Amended 10-18-2011 by
Ord. No. 2011-16]
A. All regulations for Limited Service Stations apply with the following exceptions:
(1)
Minimum lot area: two acres.
(2)
One parking space for each 200 square feet of the GFA of the principal building.
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§ 143-161
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§ 143-163
§ 143-161. Car washes.
A. Minimum lot size shall be two acres, and shall meet the minimum lot dimensions to
those required in the HC Highway Commercial Districts.
B.
Minimum building setback from the front street line, side lines and rear line shall
conform to those required in the HC Highway Commercial Districts.
C. Parking and paved area setbacks shall be those established for the HC Highway
Commercial Districts.
D. The following parking shall be provided and satisfactorily maintained by the owner of
the property:
(1)
Entrance lanes: 12 spaces per lane for each lane at the entrance to the car wash
structures.
(2)
Exit lanes: four spaces per lane for each lane at the exit of the car wash structures.
(3)
Employees: one space for each employee.
(4)
Special services: one space for each waxing, upholstery cleaning or similar
specialized service area.
E. All operations, including but not limited to washing and drying, shall be conducted
within the structure; provided, however, that the lining up and waiting of vehicles may
take place outside said structure, but only within the confines of the proposed site.
F. All car washes shall tie directly into a municipal sanitary or storm sewer and must first
receive approval of the health officer and any agency of the state or county having jurisdiction
over the treatment of the effluents created by the car washes.
G. This use shall not include a self-service or coin-operated car wash area in any form.
H. All provisions, standards and requirements for the HC Highway Commercial District,
except as herein modified, shall apply to car washes.
§ 143-162. Health-care facilities.
A. The minimum lot size shall be three acres. Minimum building setback from a front street
line shall be 100 feet. Minimum width of each side yard shall be 50 feet.
B. The lot shall front on a collector or arterial road as specified in the Borough Master Plan, and
all ingress and egress shall be limited to such road.
C. A landscaped area at least 20 feet wide shall be provided along any property line.
§ 143-163. Churches; places of religious worship.
A. The lot shall front on a collector or arterial road as specified in the Borough Master Plan,
and all ingress and egress shall be limited to such road.
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§ 143-167
B. A landscaped area at least 20 feet wide shall be provided along any property line.
C. Minimum lot size shall be five acres.
§ 143-164. Public and private schools teaching academic subjects.
A. The minimum lot size shall be three acres. Minimum building setback from a front street
line shall be 100 feet. Minimum width of each side yard shall be 50 feet.
B. The lot shall front on a collector or arterial road as specified in the Borough Master Plan, and
all ingress and egress shall be limited to such road.
C. A landscaped area at least 20 feet wide shall be provided along any property line.
D. All recreational equipment and play areas shall be located in rear and side roads only.
§ 143-165. Cemeteries.
A. The minimum lot size shall be five acres.
B. The lot shall front on a collector or arterial road as specified in the Borough Master Plan, and
all ingress and egress shall be limited to such road.
C. A landscaped area at least 20 feet wide shall be provided along any property line.
§ 143-166. Funeral homes.
A. Minimum lot size shall be two acres, and shall meet the minimum lot dimensions to
those required in the HC Zone, Highway Commercial Districts.
B. The lot shall front on a collector or arterial road as specified in the Borough Master Plan, and
all ingress and egress shall be limited to such road.
C. A landscaped area at least 20 feet wide shall be provided along any property line.
§ 143-167. Adult novelties and adult bookstores. [Added 7-21-2007 by Ord. No. 2007-24]
A. Minimum lot dimensions shall conform to those required in the HC Zone, Highway
Commercial District.
B. Adult novelties and adult bookstores shall not operate within 1,000 feet of any church,
synagogue, temple or other place of religious worship, or any elementary or secondary school
or any school bus stop, or any municipal or county playground or place of public resort and
recreation, or within 1,000 feet of any residential use.
C. The minimum front yard shall be 100 feet.
D. There shall be only one principal building on the lot.
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§ 143-169
E.
No outdoor display of merchandise.
F. A landscaped perimeter of at least 50 feet in width with plantings, fence or other physical
divider along the outside of the perimeter sufficient to impede the view of the interior of
the premises in which the business is located.
G. The perimeter buffer shall meet the setback requirements established in this section and in
§ 143-118 Schedule D for Principal Buildings.
H. One exterior identification sign, not exceeding 40 square feet in size, attached flat against the
front of the building.
I. One sign giving notice that the premises are off limits to minors, not exceeding 10 square
feet may be attached to the front door.
J.
No entertainment, video booths, etc. are permitted.
§ 143-168. Drive-in banks.
A. Minimum lot dimensions shall conform to those required in the HC Highway
Commercial Districts.
B. The lot shall front on a collector or arterial road as specified in the Borough Master Plan, and
all ingress and egress shall be limited to such road.
C. A landscaped area at least 20 feet wide shall be provided along any property line.
D. All other regulations of the HC Highway Commercial Districts, except as herein
modified, shall apply.
§ 143-169. Community residences for more than six developmentally disabled persons;
community shelters for more than six victims of domestic violence.
Pursuant to N.J.S.A. 40:55D-66.1 et seq.:
A. There shall be a minimum lot size of 25,000 square feet with a maximum depth of
measurement of 200 feet.
B. The setback requirements of the zone district in which the use is located shall be met.
C. All other requirements applicable to one family dwellings in the R-1 Residence District
shall be met.
D. No more than 15 persons, exclusive of the resident staff, shall be housed in a single community
residence for developmentally disabled persons or in a single community shelter for
victims of domestic violence located in any residence zone.
E. No property devoted to a community residence for developmentally disabled persons and
no property devoted to a community shelter for victims of domestic violence shall be located
within 1,500 feet of another property devoted to either of such uses.
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§ 143-169
BUTLER CODE
§ 143-171
F. A conditional use permit for a community residence for developmentally disabled
persons or for a community shelter for victims of domestic violence shall not be issued if the
total number of persons currently residing at such facilities within the Town exceeds,
exclusive of resident staff, 50 persons or 0.5% of the population of the Town, whichever
is greater.
G. Any shelter created for victims of domestic violence be approved and certified by the
Department of Human Services pursuant to P.L. 1979, Chapter 337 (30:14-1), et. seq.).
§ 143-170. Automobile sales establishments.
A. There shall be a minimum lot area of five acres. A minimum lot frontage of 200 feet, a
minimum lot width of 300 feet and a minimum lot depth of 400 feet.
B. Minimum building setbacks shall be:
(1)
Front: 100 feet.
(2)
Rear: 50 feet (100 feet from a residence district boundary).
(3)
Side: 50 feet (100 feet from a residence district boundary).
C. Accessory buildings shall meet the building setback requirements for principal buildings.
An accessory building shall be located at least 50 feet from another building.
D. There shall be only one principal building. Showroom, sales area, office space and
service facilities shall all be considered principal uses.
E.
The total ground coverage of all buildings shall not exceed 20% of the lot area.
F.
Building and paved surfaces combined shall not exceed 70% of the lot area.
G. Outdoor display and storage areas shall meet setback requirements applicable to parking
areas.
H. The minimum aggregate ground floor area of all buildings shall be 10,000 square feet.
I.
All other provisions of this ordinance applicable to the zone district in which the use is
located shall be met.
§ 143-171. Garden centers and building materials sales.
A. There shall be a minimum lot area of five acres. A minimum lot frontage of 200 feet, a
minimum lot width of 300 feet, and a minimum lot depth of 400 feet.
B. Minimum building setbacks shall be:
(1)
Front: 100 feet.
(2)
Rear: 50 feet (100 feet from a residence district boundary).
(3)
Side: 50 feet (100 feet from a residence district boundary).
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§ 143-171
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§ 143-172
C. Accessory buildings shall meet the building setback requirements for principal buildings.
An accessory building shall be located at least 15 feet from another building.
D. There shall be only one principal building. Showroom sales area and office space shall
all be considered principal uses.
E.
The total ground coverage of all buildings shall not exceed 20% of the lot area.
F.
Building and paved surfaces combined shall not exceed 70% of the lot area.
G. Outdoor display and storage areas shall meet the setback requirements applicable to
parking areas. Except for live plant material, stored materials and merchandise shall not
exceed a height of 10 feet if located within 25 feet of a property line nor a height of 15
feet if stored anywhere on the site.
H. The minimum aggregate ground floor area of all buildings shall be 10,000 square feet.
I. All other provisions of this ordinance applicable to the zone district in which the use is
located shall be met.
§ 143-172. Drive-in and fast-food restaurants.
A. There shall be a minimum lot area of one acre. Except as provided below, all other yard
and bulk requirements of the zone in which the use is located shall be met.
B. The lot shall be at least 1,000 feet, measured in a straight line, from the nearest property
line of another drive-in or fast-food restaurant which is located on either the same or opposite
side of the street.
C. The ground floor area of the building shall be at least 2,000 square feet.
D. Separate entrance and exit driveways and one-way traffic circulation on the lot shall be
maintained. Driveway openings shall be at least 24 feet in width with a radius at the curbline
of at least three feet. There shall be a safety zone of at least 50 feet between driveway
openings and no entrance or exit shall be located with 25 feet of an adjoining property.
E. Corner lots shall have a curb radius of at least 25 feet and driveway openings shall be at
least 50 feet from the radius tangent points.
F. Off-street parking shall be provided in accordance with the requirements of this
Ordinance. In addition, no parking area shall be located within 10 feet of an adjoining
property.
G. Sidewalks, at least five feet in width, shall be provided along front and side building
walls.
H. Appropriate fire lanes adjoining the building shall be maintained where required.
I. Trash receptacles for customer use shall be provided adjacent to the parking area
conveniently located for all parking spaces. There shall be at least one receptacle for
each six parking spaces, but in no event less than four receptacles. Such receptacles shall
143:138
§ 143-172
BUTLER CODE
§ 143-173.1
be of appropriate design which will not detract from the general appearance of the site
and shall be well secured to the ground surface.
J.
An area shall be provided for the orderly and convenient deposit and pickup of trash in
accordance with § 143-90. Said area shall be located in the rear yard, shall be enclosed
on all four sides and shall be designed to conform in appearance to the principal
building. Said area shall be at least 20 feet from an adjoining property line.
§143-173. Cannabis Retail and Medical Cannabis Dispensary Establishment.
[Amended 7-20-2021 by Ord. No. 2021-16]
A. Cannabis Retail Establishments and Medical Cannabis Dispensaries shall only be
permitted in the HC Zone—Highway Commercial District.
B. Minimum setback and bulk requirements shall be as set forth in §143-118 Schedule
D, except as to existing structures.
C. No drive-through window shall be permitted.
D. Minimum useable floor area of 1,200 square feet.
E. No Cannabis Retail Establishment or medical cannabis dispensary shall be located
within 2,000 linear feet of another Cannabis Retail Establishment or medical
cannabis dispensary as measured from the property lines.
F. No Cannabis Retail Establishment or medical cannabis dispensary shall be located
within 1,000 linear feet in any direction of a school, licensed daycare facility, church,
synagogue, or religious worship center, public park, library or a licensed substance
abuse disorder clinic or facility, as measured from the property lines.
G. Hours of operation shall be limited to 7 a.m. through 11 p.m. daily.”
§ 143-173.1. Wireless telecommunications antennas and facilities.
A. Purpose. The purpose of this section is to establish general guidelines for the siting of wireless
telecommunication facilities, towers and antennas. These goals are as follows:
(1) To protect residential areas and land uses from potentially adverse impacts of
wireless telecommunication towers and antennas;
(2) To the extent that towers are proven necessary, to require their location in
appropriate locations as conditional uses;
(3)
To minimize the total number of towers throughout the community;
(4) To strongly encourage the siting of wireless telecommunication facilities on
existing buildings, structures; the use of micro-sites; and the collocation of new
facilities on existing tower sites, rather than the construction of additional
single-use towers;
(5) To encourage users of wireless telecommunication sites to construct and configure
them in a way that minimizes the adverse visual impact of the support structures
and antennas through careful design, siting, landscape screening, and innovative
camouflaging techniques;
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§ 143-173.1
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§ 143-173.1
(6) To enhance the ability of the providers of telecommunications services to provide
such services to the community effectively and efficiently;
(7) To avoid potential damage to adjacent properties from antenna support structure
failure through engineering techniques and the careful siting of these structures;
and
(8) To provide additional antenna sites for the Borough of Butler operational and
emergency services.
B. Locational priority. In accordance with an overall comprehensive plan for the provision
of complete wireless telecommunications service within the Borough of Butler area, wireless
telecommunication facilities, where permitted as a conditional use, shall be located in
accordance with the following prioritized locations:
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§ 143-173.1
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§ 143-173.1
(1)
The first priority locations shall be as follows:
(a) The use of micro-sites, provided that such site does not include support
structures (towers) greater than 75 feet in total height.
(b) Collocation on existing wireless telecommunications towers;
(c) Existing water tanks, utility structures, billboards, and nonresidential building
and structures provided that the new installation does not increase the height
by more than 20%; and
(2) The second priority location shall be on lands or structures owned by Borough
entities; and
(3) The third priority location shall be within such nonresidentially zoned locations as
the applicant proves are essential to provide the required service to the Borough of
Butler area.
C. Collocation policy.
(1) An applicant to construct a wireless telecommunications tower shall present
documentary evidence regarding the need for cellular antennas within the Borough
of Butler. This information shall identify the wireless network layout and coverage
areas to demonstrate the need for such equipment within the Borough.
(2) An applicant proposing to erect a new wireless telecommunications tower shall
provide documentary evidence that a legitimate attempt has been made to locate
the antennas on existing buildings or structures or collocation sites. Such evidence
shall include a radio frequency engineering analysis of the potential suitability of
existing buildings or structures or collocation sites in the search area for such antennas.
Efforts to secure such locations shall be documented through correspondence
between, the wireless telecommunications provider and the property owner(s)
of the existing buildings or structures or collocation sites. The Borough reserves the
right to engage a professional radio frequency engineer to review such documentation.
(3) Applicants proposing to construct new wireless telecommunications towers shall
document the locations of all existing telecommunications towers within the
Borough of Butler Borough surrounding areas with coverage in the Borough and
any changes proposed within the following twelve-month period including plans
for new locations and the discontinuance or relocation of existing facilities. Applicants
shall provide competent testimony by a radio frequency engineer regarding the
suitability of potential locations in light of the design of the wireless
telecommunications network. Where a suitable location on an existing tower is
found to exist, but an applicant is unable to secure an agreement to collocate its
equipment on such tower, the applicant shall provide written evidence of
correspondence with the owner of such tower verifying that suitable space is not
available on the existing tower(s). Where an applicant to construct a new tower is
not a wireless service provider, the applicant shall prove that adequate wireless
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§ 143-173.1
BUTLER CODE
§ 143-173.1
telecommunications services, sufficient to meet the requirements of the
Telecommunications Act of 1996, cannot be provided without the proposed tower.
(4) Site location alternative analysis. Each application shall include a site location alternative
analysis describing the location of other sites considered, the availability of
those sites, the extent to which other sites do or do not meet the provider's service or
engineering needs and the reason why the subject site was chosen. The analysis shall
address the following issues:
(a) How the proposed location of the wireless telecommunications tower relates to
the objective of providing complete wireless telecommunication services within
the Borough of Butler area at the time full service is provided by the applicant
throughout the Butler Borough area.
(b) How the location of the proposed wireless telecommunications tower relates
to the location of any existing antennas within the Borough and within three
miles of the Butler Borough area.
(c) How the proposed wireless telecommunications facility relates to the
anticipated need for additional facilities within and near the Butler Borough
area by the applicant and by other providers of wireless communication
services within the Borough and within three miles of the Butler Borough
area.
(d) How the location of the proposed wireless telecommunications tower relates
to the objective of collocating the antennas of the different providers of
wireless telecommunication services on the same structure.
(e) How the collocation of the proposed antennas on other existing antenna structures,
or that a location of less visibility, or that the use of micro-cells, providing
more numerous antennas at lower heights, either within or outside the Borough
of Butler, is not practical in order to provide adequate communication or that
the visual impact to the community on the proposed site is less than would
exist at such alternative locations; and,
(f) How the applicant's plan specifically relates to and is coordinated with the
needs of all other providers of wireless communication services within the
Borough of Butler area.
(5) The Planning Board or Zoning Board, as is appropriate, may retain technical
consultants as it deems necessary to provide assistance, in the review of the site
location alternatives analysis. The service provider (applicant) shall bear the
reasonable costs associated with such consultation.
D. Visual compatibility requirements for the installation of wireless telecommunications
antennas and towers. Wireless telecommunications antennas may be erected on existing
buildings or structures, and an equipment compound may be constructed in support of
such antennas consistent with the following requirements:
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§ 143-173.1
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§ 143-173.1
(1) Antenna arrays may be mounted on existing buildings or structures but shall not
extend beyond the overall height of any such building or structure by more than 15
feet.
(2) Any equipment building, any wireless telecommunications tower and any related
structures and equipment shall be located within an equipment compound as
provided in subsection 3 below. Said compound shall be enclosed within a solid
wooden fence, or chain link fence at least seven feet and no more than eight feet
high as approved by the Borough Engineer and shall include a locking security
gate.
(3) An equipment compound consisting of no more than 1,500 square feet in area may
be erected in support of such antenna arrays provided it is:
(a) Situated to ensure that significant viewscapes, streetscapes and landscapes are
protected. The views of and vistas from significant structures should not be
impaired or diminished by the placement of telecommunication facilities. To
the greatest extent possible, equipment compounds should be situated behind
existing structures, building or terrain features which will shield the
compound from public views; or
(b) When a location out of public view is not possible, a landscape buffer of 20
feet in width shall be provided around the compound to shield the facility
from public view. Landscaping shall include evergreen trees at least eight
feet high at the time of planting and planted in staggered double rows at 12
feet on center, or equivalent, and as approved by the Borough Engineer.
(c) In locations adjacent to residential zones and/or property lines where chain
link fencing is utilized, a landscaped berm with a minimum height of three
feet shall be provided. Such berms shall also be landscaped with evergreen
plantings with a minimum at planting height of six feet and approved by the
Borough Engineer. Additional fencing, (for screening purposes) outside the
compound area shall be provided, as deemed necessary by the Board.
(4) Antennas installed according to these provisions shall be suitably finished and/or painted
so as to minimize their visual impact on the landscape. Depending on the placement
of this equipment, color should be selected to be consistent with the color scheme
of the building or structure on which they are mounted, in order to blend with their
surroundings. When this is not possible, color selection shall be designed to minimize
the visual impact of the antenna arrays.
(5) Wireless telecommunications towers shall be located to minimize visual impact on
residential areas and the public way. Equipment buildings and equipment
compounds shall comply with subsection D.2 and 3 above.
E. Height and setbacks. When an application to construct a wireless telecommunications
tower demonstrates to the satisfaction of the reviewing agency that suitable locations on
existing buildings or structures either do not exist or are not available, the applicant may
erect a new telecommunications tower according to the following requirements:
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(1) Minimum setback of tower: Limited to side and rear yards with a minimum
setback equal to the height of the tower structure.
(2) Maximum tower height: Not higher than as demonstrated to be essential according to
a radio frequency analysis and to encourage collocation, when visually
appropriate, but in no case shall exceed 125 feet in total height.
(3)
Location of telecommunications equipment buildings:
(a) Where existing telecommunication facilities are utilized within nonresidential
buildings, such new proposed equipment shall also be located within the
building.
(b) Where new equipment building(s) are required, the compound setback shall
meet the setbacks for principal buildings within the particular nonresidential
zone.
(c) Where an equipment compound adjoins a residential zone or property, a
minimum setback of 75 feet shall be provided.
(4)
Maximum equipment building height: 14 feet.
F. Distance between facilities. The following minimum distances between wireless
telecommunications facilities shall be as follows:
(1) Towers shall not be erected within 5,280 feet (one mile) of any other existing or approved
telecommunication tower.
(2) Where micro-site and/or building/structure mounted antennas are utilized, the
minimum distance between all facilities shall not be greater as deemed minimally
necessary to provide adequate wireless telecommunications service, but in no case,
shall be less than 1/4 of a mile.
G. Antenna modifications, and tower certification. Wireless telecommunication towers must
be constructed to the Electronic Industries Association/Telecommunications Industries
Association (EIA/TIA) Revision F Standard entitled "Structural Standards for Steel
Antenna Towers and Antenna Supporting Structures" (or equivalent) as it may be
updated or amended. Operators of wireless telecommunications towers shall provide to
the Borough of Butler a bi-annual report from a licensed professional engineer certifying
the structural integrity of the tower, together with all antennas mounted thereon, and that
they meet applicable minimum safety requirements. Such report shall also be provided
whenever antenna arrays are modified, and shall include a detailed listing of all antennas and
equipment so certified. Vendors shall also be required to notify the Borough when the
use of such antennas and equipment is discontinued. If the bi-annual report discloses that
the condition of any tower presents an imminent hazard to the public health, safety and
welfare, the Borough Engineer shall order the owner of the tower to take appropriate
corrective action including, if necessary, the removal of the tower to protect the public health,
safety and welfare. Wireless telecommunication towers shall be maintained to assure
their continued structural integrity. The owner of the tower shall also perform such other
maintenance of the structure and of the site as to assure that it does not create a visual
nuisance.
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H. Abandonment and removal. Wireless telecommunications towers and equipment which
are not operated for wireless telecommunications purposes for a continuous period of six
months shall be considered abandoned and shall be removed by the facility owner at its
cost. This removal shall occur within 90 days of the end of such six-month period. If
such wireless telecommunication tower is not removed within said 90 days, the
municipality may remove such tower at the owner's expense. If the facility is to be
retained, the owner shall provide proof that the facility will be reused within one year of
such discontinuance. If a facility is not reused within one year, a demolition permit shall
be obtained and the facility removed. Upon removal, the site shall be cleaned, restored,
and re-vegetated to blend with the existing surrounding vegetation at time of
abandonment. The facility owner shall post a bond at the time that a construction permit
is issued to cover the costs of tower removal and site restoration. The amount of the bond
shall have taken into consideration cost escalations.
I.
Collocation required. Authorization for the construction for a new wireless
telecommunications tower shall be conditioned on agreement by the tower owner that
other wireless service providers will be permitted to collocate on the proposed tower
within the limits of structural and radio frequency engineering requirements and at rates
which reflect the fair market price for such service. As part of the application for tower
approval, the applicant shall document the extent to which additional equipment could be
mounted on the tower and the types of equipment which could be accommodated. Ordinance
limitations on the number of structures on a lot shall not apply when wireless
telecommunication towers and equipment are located on a lot with buildings or structures
already thereon.
J.
Monopole construction. Monopole tower construction shall be utilized in all cases except
where it can be conclusively demonstrated that monopole construction is not suitable for a
specific location or application or that a different type of tower is necessary for the
collocation of additional antennas on the tower.
K. Fencing and other safety devices. Wireless telecommunication towers, equipment
buildings and compounds shall meet the requirements of § 143-173.01D.2 and 3 above.
All towers shall be designed with anti-climbing devices in order to prevent unauthorized
access. Additional safety devices shall be permitted or required, as needed, and as
approved by the Planning or Zoning Board as may be deemed necessary.
L. Landscaping. Landscaping shall be provided along the perimeter of the security fence to
provide a visual screen or buffer for adjoining private properties and the public
rights-of-ways. All equipment buildings and compounds shall be screened in accordance with
§ 143-173.01D.2 and 3 above.
M. Signs. Signs shall not be permitted except for signs displaying owner contact
information, warnings, equipment information, and safety instructions. Such signs shall
not exceed two square feet each in area. No commercial and/or noncommercial
advertising shall be permitted on any wireless telecommunication tower or equipment
building.
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N. Color. Wireless telecommunication towers shall be of a color appropriate to the tower's
locational context and to make it as unobtrusive as possible, unless otherwise required by the
Federal Aviation Administration (FAA).
O. Activity and access. To the greatest extent possible, all equipment shall be designed to be
as automated as possible in order to reduce the need for onsite maintenance and thereby
to minimize the need for vehicular trips to and from the site. Access shall be limited to
locations designated on an approved site plan. Whenever possible, access shall be from
established site access points. Minimal off-street parking shall be permitted as needed
and as approved by the Planning or Zoning Board.
P. Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as
unobtrusive as possible and in no case shall the diameter of a dish antenna exceed two
feet.
Q. Lighting. No lighting is permitted except as follows:
(1) Equipment buildings and compounds may have security and safety lighting at the
entrance, provided that the light is attached to the equipment building, is focused
downward and is on timing devices and/or sensors so that the light is turned off
when not needed for safety or security purposes; and
(2) No lighting is permitted on a wireless telecommunications tower except for
lighting that is specifically required by the Federal Aviation Administration (FAA).
Any such required lighting shall be focused and shielded from adjacent and nearby
properties.
R. Site plan application requirements for the installation of wireless telecommunications
towers.
(1) All site plan details required by § 143-85 shall be provided and shall include the
site boundaries; tower location; existing and proposed structures, including
accessory structures; existing and proposed ground-mounted equipment; vehicular
parking and access; structures; and land use designations on the site and adjoining
parcels.
(2) A landscape plan drawn to scale of one inch equals 10 feet showing the proposed
landscaping, including species type, number, size, spacing, other landscape
features, and existing vegetation to be retained, removed or replaced. A note shall
be included on the plan indicating a minimum two-year plant replacement
guarantee.
(3)
A report from a qualified expert containing the following:
(a) A description of the tower and the technical and other reasons for the tower
design and height.
(b) Documentation to establish that the tower has sufficient structural integrity
for the proposed use and for the anticipated future collocated antennas at the
proposed location and meets the minimum safety requirements and margins
according to FCC requirements in their current adopted Standards and
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revisions and the structural standards developed for antennas by the
Electronic Industries Association (EIA) and/or the Telecommunications Industry
Association (TIA) have been met.
(c) The general capacity of the tower in terms of the number and type of antenna
it is designed to accommodate.
(d)
A statement detailing current FCC information concerning wireless
telecommunication towers and radio frequency emission standards as well as
information on the projected power density of the proposed facility and how
it meets the FCC standards.
(4) A letter of commitment by the applicant as approved by the Board Attorney, to
lease excess space on the tower to other potential users at prevailing rates and standard
terms. The letter of commitment shall be recorded in the Office of the Morris
County Clerk prior to issuance of a building permit. The letter shall commit the tower
owner and successors in interest.
(5) A visual impact study, graphically simulating through computer-enhanced
graphics, or similar techniques, the appearance of any proposed tower and
indicating its view from at least eight locations around and within one mile of the
proposed wireless telecommunication towers where the wireless telecommunication
towers will be most visible. Elevations of the proposed tower and accessory
building generally depicting all proposed antennas, platforms, finish materials, and
all other accessory equipment shall also be provided. Aerial photograph(s) of the
impact area shall also be submitted.
S.
Preexisting and nonconforming wireless telecommunication towers and facilities.
Wireless telecommunication towers in existence on the date of the adoption of this ordinance
(nonconforming wireless telecommunication towers) are subject to the following
provisions:
(1) Nonconforming wireless telecommunication towers may continue for the purpose
now used, but may not be expanded without complying with this ordinance.
(2) Nonconforming wireless telecommunication towers which are partially damaged or
destroyed due to any reason or cause may be repaired and restored to their former
use, location and physical dimensions subject to obtaining a building permit
therefore, but without otherwise complying with this ordinance. If this destruction
requires complete tower replacement, the telecommunications facility will require
compliance with this ordinance.
(3) The owner of any preexisting, nonconforming wireless telecommunication towers
may repair, rebuild and/or upgrade (but not expand such wireless
telecommunication towers or increase its height or reduce its setbacks), in order to
improve the structural integrity of the facility, to allow the facility to accommodate
collocated antennas or facilities, or to upgrade the facilities to current engineering,
technological or communications standards, without having to conform to the
provisions of this ordinance.
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§ 143-173.2. Home occupation.
A. Home occupations as defined herein are permitted as conditional accessory uses within
residential districts as indicated in Schedule C, and are also subject to the following
regulations:
(1) The home occupation is practiced only by a member or members of the household or
individuals in permanent occupancy of the subject premises.
(2) The area consumed by the home occupation (business) shall be located within the
principal dwelling and limited in area to not more than one-room, or 20% of the
floor area of the floor level (exclusive of basement) in which use is located, or 300
square feet of floor area, whichever is less.
(3) There shall be no signs, displays, or activity that will indicate from the exterior
that the structure is being used, in part, for any purpose other than that of a
residence. The public display of goods visible from the public street or abutting
properties shall be prohibited.
(4) The home occupation use and all related activity, including storage, shall be
conducted completely within the confines of the dwelling unit or permitted
accessory structure.
(5) There shall be no commodities sold, or direct services rendered that require receipt
or delivery of merchandise, goods, or equipment by other than a passenger motor
vehicle or by parcel or letter carrier mail service.
(6) There shall be no special structural alterations or constructed features to the
residence or permitted accessory structure, nor the installation of special equipment
attached to walls, floors, or ceilings.
(7) The home occupation and any related activity shall not create any traffic hazards or
nuisances within the public streets and other public rights-of-way and all vehicle
parking generated by such operations shall be located on the subject property to which
the home occupation is a permitted conditional accessory use.
(8) There shall be no perceptible noise, odor, smoke, electrical interference, vibration, or
other nuisance emanating from the structure in which the home occupation is located
in excess of that normally associated with a residential use.
B. Prohibited home occupation uses. The following uses shall be not be deemed home occupation
uses and are prohibited in all residential zones and in all dwelling units located within
nonresidential zones:
(1) The operation of clinics, hospitals, alcohol rehabilitation facilities and outpatient
dispensaries;
(2) The services of a doctor, dentist, veterinarian, psychiatrist, psychologist, nursing or
convalescent care or other health-care service which involves patient or client
visitation;
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(3) The services of any professional, including but not limited to lawyers, accountants,
real estate sales, insurance agents, etc., which involves client visitation;
(4) Barber shops, beauty parlors, massage parlors, tanning salons, tattoo parlors, or any
similar personal services;
(5) Pet-care/grooming, kennels, animal hospitals or animal recuperation/rehabilitation
services, or any similar services for animals;
(6)
Music or dance lessons other than for individual instruction of one pupil at a time;
(7)
The dispensing of food for consumption on and/or off the premises;
(8) The operation of a taxi service, or the operation of a limousine service having
more than one limousine parked on the premises;
(9) The operation of a business which results in the storage or maintenance of
construction equipment such as, but not limited to, backhoes, dump trucks, flatbed
trucks, equipment trailers, tractors, compressors, cement mixers and similar equipment
on the residential premises;
(10) The storage, maintenance, repair or sale of motor powered equipment such as, but
not limited to automobiles, trucks, motorcycles, motor bikes or lawn mowers, provided
however, that such activities if otherwise lawful may be conducted by residents of the
property in connection with motorized equipment owned by such residents for their
own personal use;
(11) The assembly or storage of motor vehicles for shipment; and,
(12) Assembly or manufacturing of any kind.
C. All home based businesses, as defined herein, shall be required to register with the
Borough. A renewable permit shall be issued by the Borough and shall be renewed by
the property owner on an annual basis on or before January 31 each year. A $50
registration fee shall accompany each application each year.
§ 143-173.3. Keeping of animals.
A. The keeping of animals, both domestic and livestock, shall be permitted in all residential
districts as an accessory use. The keeping of animals in other districts shall require a
conditional use approval by the Planning Board.
B. The following standards shall regulate the keeping of animals:
Number
Required
Minimum Lot
Permitted Per
Housing Space
Size
Acre or Per
Per Animal
Animals
Horse or pony
(acres)
5
Residence
1 per acre
(square feet)
100
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Animals
Minimum Lot
Size
(acres)
Number
Permitted Per
Acre or Per
Residence
Required
Housing Space
Per Animal
(square feet)
Cattle
5
1 per acre
100
Sheep
5
1 per first acre
20
3 per second acre
5 per third or more
acre
Goats
5
1 per first acre
30
3 per second acre
5 per third or more
acre
Swine
5
1 per acre
60
Poultry
5
1 per acre
60
C. The keeping of any animal not specifically listed above is prohibited. Not withstanding
the foregoing, the owner of a residential dwelling may continue to keep the same number
of dogs and cats that the owner possessed on the date of the passage of this chapter in
circumstances where the number exceeds the limits imposed by this chapter.
D. Any area for the keeping of animals, other than a dog or cat, shall be located as follows: (1)
At least 100 feet from a neighboring dwelling and at least 50 feet from the
dwelling on the lot.
(2)
At least 25 feet from any side and rear lot line.
(3) No stable or outdoor containment area for the keeping of animals shall be located
closer than 75 feet from the street line.
(4) All corral and stable areas must be at least 50 feet from any stream, well, water
body or watercourse. Setback shall be increased to 300 feet to any Category One
watercourse as defined by NJDEP.
E. All animals on the property shall be owned by and for the sole and exclusive use of the
residents on the lot upon which they are located.
F. The keeping of one particular kind of animal shall preclude the keeping of other types of
animal and counting the same lot area more than once.
G. The following maintenance standards shall be enforced by the Borough Zoning Officer in
connection with the Health Department, and failure to abide by these entities shall result
in the revocation by the Borough to keep such animals:
(1) Manure must be collected daily and stored in fly and rodent proof containers
which are to be removed from the property at least once per week.
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(2) Stables must be cleaned daily and kept dry with periodic treatment for flies and
other insect larvae, to prevent breeding or areas of infestation.
(3) Buildings, barns, stables and similar structures must be rodent proofed. Such
facilities must also be kept in good repair and properly ventilated.
(4) Adequate water facilities must be provided for drinking, cleaning and fire
protection.
(5) The use must be maintained so as to not become a source of odor or noise
pollution.
(6) Animals shall be physically controlled at all times within an approved structure or
fence.
§ 143-173.4. Self Storage Facilities [Added 10-16-2018 by Ord. No. 2018-15]
A.
A minimum lot area of eighty thousand (80,000) square feet is required for self-
storage warehouses, and shall meet the minimum lot dimensions to those required in
the HC Highway Commercial Districts.
B.
Storage facilities shall be contained within a single principal building.
C.
The minimum floor rental storage area shall be 30,000 square feet.
D.
The maximum Floor Area Ratio is 40%.
E.
All building walls facing any street or residential zoning district line shall be
suitably finished for aesthetic purposes, which shall not include metal, unpainted
or painted cinder block walls. The applicant shall provide architectural building
elevations which indicate the color, texture and material(s) to be utilized in the
building construction. The Planning Board shall use its discretion to determine
whether the proposed structures are compatible with the surrounding
neighborhood.
F.
No building shall exceed a height of five stories or 60 feet with a minimum of
three stories.
G.
There shall be no storage of food products, illegal materials, controlled
substances or hazardous chemicals or materials of any kind. Further, there shall
be no storage of firearms or animals, no operation of any machinery or
generation of any operational noise, and no manufacturing process, wholesale
operation, no business activity of any kind, including retail sales, or used for
sleeping/habitation purposes. The facility shall agree to include in each lease a
list of the prohibitions.
H.
No storage of any kind shall be conducted out of doors.
I. Chain link fences are specifically prohibited.
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J. Such facility shall maintain an operational manager’s office within the principal
building.
K. Any self-storage facility shall operate only during the hours of 6:00 a.m. and 8:00 p.m.
L. There shall be at least one parking space per 2,500 square feet of storage area.
M. Storage or parking of vehicles beyond the allowed business hours is strictly prohibited.
N. Accessory buildings are not permitted.
ARTICLE XXI
Signs
§ 143-174. General sign provisions [Amended 6-16-2015 by Ord. No. 2015-12]
A. No sign shall be constructed or displayed without first obtaining a permit from the
Zoning Officer, unless specifically exempted.
B. If there is any question as to the suitability of any sign or it's meeting the requirements of
this chapter, either the Construction Code Official or Zoning Officer may refer said sign
application to the Planning Board Site Plan Committee. The Site Plan Committee shall
submit a report of its findings to the Construction Code Official or Zoning Officer, as the
case may be, no later than one week after the receipt of the sign application by the Site
Plan Committee Chairman or designee.
C. Signs shall not be accepted or exempted from the limitations of any other section of this
ordinance unless specifically stated. If there is a conflict, this Article shall prevail.
D. The following shall be exempted only from the requirement for a sign permit. This shall
not be construed as relieving the owner of the sign from the other requirements of this
Article, nor its erection and maintenance in good and safe conditions.
(1) Memorial tablets or signs, names of buildings and date of erection when out into
any masonry surface or when constructed of bronze or other noncombustible materials.
(2) Traffic or other municipal signs, legal notices, railroad crossing signs, danger
signs, and such temporary emergency signs as may be erected by governmental or
public utility employees in carrying out their work.
(3)
Names on mailboxes.
(4) Occupant names on private residences; either, dwellings or property providing that
the sign does not exceed 72 square inches.
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(5)
Street number(s) on buildings providing that the sign does not exceed 72 square
inches.
(6)
Signs used on property warning the public against hunting, trapping and/or
trespassing thereon.
(7)
Signs attached to the inside of a window.
(8)
Seasonal decorations on private residences.
(9)
Sale or rental signs on residences, but not to be placed on any tree and not to
exceed four square feet.
E. No sign, including billboards as defined in this chapter shall exceed 250 square feet. For
free standing signs, this shall apply to each side.
F.
Overhanging signs are prohibited.
G. Banners or banner type signs, streamers, pennants and similar displays are prohibited.
H. Signs shall be either freestanding, or attached to buildings or structures, in an approved
manner. All freestanding signs shall be permanently anchored by footings.
I. Any sign that uses the word "stop" or "danger" or otherwise presents or implies the need
for requirement of stopping or caution or the existence of danger or which is likely to be
confused with any sign displayed by public authority is prohibited. Exception: Items B,
C, and D of section, § 143-175.
J.
No sign shall be placed as to interfere with or be mistaken for a traffic control, or similar
safety device. Exception: Items B, C, and D of section, § 143-175.
K. No sign shall be placed as to interfere with traffic visibility.
L. No sign shall be permitted which, in the opinion of the Traffic Safety Officer or
designee, is considered a distraction or hazard to vehicular traffic.
M. No sign shall be placed on, erected on, or attached to the roof or rooftop of any building
or structure. Exception: Signs may be attached to a Mansard roof or Mansard roof type
building facade; but may not project above the highest elevation of the Mansard roof or
Mansard roof type building facade.
N. No sign shall extend or project above the highest elevation of the wall to which it is
attached.
O. All illuminated signs shall be either, indirectly lighted or of the diffused lighting type.
P. All lights used for the illumination of any use, or building or the areas surrounding them;
or for the illumination or display of merchandise or products of business establishments; shall
be shielded from the direct view of vehicular traffic using the road or roads abutting such
properties. Exception: Neon signs may be directly viewed by vehicular traffic.
Q. All floodlights, or floodlight type of illumination, used for the illumination of said
premises, or of any sign thereon, whether or not such floodlights are attached to or
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separate from the building, shall not project light above the highest elevation of the
illuminated area of the building.
R. Signs attached to the exterior of windows are prohibited.
S. No sign shall be attached to trees, fence posts, stumps, utility poles, bridges, culverts or
other signs. Exception: Signs used on property warning the public against hunting,
trapping and/or trespassing thereon.
T.
Customary warning or No Trespassing signs may be displayed in any zone. Not more
than four signs shall be allowed and said signs, each, shall not exceed one square foot in area.
Signs used on property warning the public against hunting, trapping and/or
trespassing thereon shall comply with State Laws.
U. A freestanding sign shall have a vertical clearance between the average ground level
beneath the sign and the bottom edge of said sign of eight feet or greater or the top of the
sign shall not extend more than three feet above the average ground elevation.
V. No freestanding sign shall exceed a height of 25 feet above the average ground level
beneath the sign.
W. No advertising sign shall be erected or located on, within or over a public right-of-way.
X. No sign or advertising structure shall be erected which directs attention to a business,
commodity, service or entertainment conducted, sold or offered elsewhere than on the
premises. Example: Billboards. [Amended 6-16-2015 by Ord. No. 2015-12]
Y. Not more than four signs advertising the sale and price of seasonal farm produce shall be
allowed. Said signs shall not exceed a total of 24 square feet in combined area.
Z. Uses on corner lots have frontage on both streets and signs shall be permitted
accordingly.
§ 143-175. Permitted signs. [Amended 12-1-2009 by Ord. No. 2009-14]
The following signs are permitted for uses as specified:
A. Signs, as part of an awning, canopy or marquee are permitted within the CBD and HC
zones and shall be included when calculating the total sign area.
B. Temporary safety, traffic, directional and warning signs, approved by the governing body
shall be permitted in all zones.
C. Traffic directional, traffic control and traffic safety signs containing such wording as
"one-way", "do not enter", "no outlet", "stop", "enter" and "exit" may be located on any
property, in any zone, provided the locations and sizes are approved by the Planning
Board or designee.
D. A temporary sign advertising the prospective sale or rental of the premises upon which it
is located, not exceeding four square feet in area and provided that it shall be maintained
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and removed within seven days after consummation of a lease or sale transaction is
permitted in any zone.
E. Non-illuminated, temporary signs on new construction sites, not exceeding 75 square feet
in total area and provided they shall be maintained and removed within seven days after
completion of the construction work, are permitted in any zone.
F. Churches, places of worship: One freestanding sign not exceeding 12 square feet in area
and 10 feet in height and set back at least 25 feet from all street rights-of-way and lot
lines, plus one attached sign not exceeding 25 square feet in area.
G. Health-care facilities: One freestanding sign not exceeding 12 square feet in area and 10
feet in height and set back at least 25 feet from all street rights-of-way and lot lines, plus
one attached sign not exceeding 50 square feet in area.
H. Public libraries, buildings used exclusively by Federal, State, County and local
government for public purposes, public, private and parochial schools, public recreational
and community center buildings and grounds: There shall be permitted one wall or
freestanding ground identification sign not exceeding 25 square feet located on the premises.
No such sign shall be located closer than 25 feet to a property line or street right-of-
way line.
I.
Residential uses.
(1) A name plate sign, situated within the property lines and bearing only the name
and address of the principal occupant providing that the sign does not exceed 72 square
inches in total area.
(2) One sale or rent sign erected only on the property to be sold or rented, and shall
not exceed four square feet in area.
(3) Not more than two temporary or ground signs for, and located within, any
subdivision which has been approved by the Planning Board, provided that such
sign does not exceed 24 square feet in area. In no case shall any such sign be
located closer than 20 feet to any street or side lot line. Any such sign shall be
moved within 30 days after 80% of the lots in the subdivision have been either
sold or residence built thereon.
(4) Approved multifamily housing developments may have one sign along each
arterial or collector road which the tract in question abuts, provided that there
exists at least 150 feet of unbroken frontage. Such sign(s) shall not exceed 40
square feet in area and 10 feet in height. In addition, each sign shall be set back
from all street rights-of-way and lot lines a minimum of 30 feet and shall display
only the development's name.
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J.
Central Business District and Redevelopment Zone Uses: Amended 6-21-2011 by Ord. No. 2011-13; Amended
10-18-2011 by Ord. No. 2011-16; Amended 7-16-2024 by Ord. No. 2024-16]
(1) Each use may have one (1) lighted or unlighted sign displaying the name of the use, attached flat against the front
of the building or an integral part of an awning or canopy which is attached to the front of the building not exceeding
an area equivalent to five percent (5%) of the front of the building or fifty (50) square feet, whichever is smaller.
(2) Each use occupying the corner of the building may have one (1) unlighted sign displaying the name of the use,
attached flat against the side of the building. The sign bottom shall be no higher than 10 feet from the ground level.
The total signage shall be no larger than the signage permitted, by ordinance, in the front of the building. The sign
shall only display the name of the uses occupying the building.
(3) Where the building is designed for rear or side entrances, one (1) unlighted sign may be attached flat against the
building at said entrance. The sign size shall not to exceed an area equivalent to half that of the sign, permitted by
ordinance, on the front of the building.
(4) Each use may have one (1) two sided, unlighted, blade sign no larger than 18 inches wide by 36 inches high. The
bottom of the sign shall be between eight (8) feet and ten feet from the ground level. The signs shall be supported
by a uniform bracket design which was approved by the Planning Board and on file in the Borough Clerk’s office.
(5) Signs may be displayed on the inside of the front windows of the first floor portion of the building.
(6) One (1) freestanding easel may be placed against the building. This sign shall be 18 inches wide by 36 inches high
in size. The easel shall not block the sidewalk and a four (4) foot sidewalk clearance must be maintained.
K. Retail sale of goods and services (other than CBD).
1. The following specific uses, retail sale of goods and services, restaurants, bars, taverns, banks, theaters, bowling
alleys, automobile sales and car washes in the HC Highway Commercial District shall comply with the following
sign requirements.
a. For grouped uses (shopping centers), on a single property: One freestanding sign advertising the center and the
tenants shall be permitted not exceeding a total of 150 square feet. No sign shall exceed 25 feet in height at its
uppermost edge.
b. For one use on a single property: One freestanding sign shall be permitted not exceeding 75 square feet in area. No
sign shall exceed 25 feet in height at the uppermost edge.
c. For one use on a single property. Attached to the front of the building a sign not exceeding an area equivalent to 5%
of the building front or 50 square feet, whichever is smaller. An identical size sign may be attached to the side of
the building facing the oncoming traffic on Route 23.
2. In addition, each use may have one attached flat or an integral part of an awning or awning canopy, attached to the
front of the sign not exceeding an area equivalent to 5% of the building front or 50 square feet, whichever is smaller.
Where the buildings are designed for rear or side entrances, one unlighted sign may be attached flat against the
building at the rear and side entrances, each sign not to exceed an area equivalent to ½ that of the sign on the front
of the building.
143:156
§ 143-175
LAND USE
§ 143-175
L. Office buildings and motels: one sign used only to display the name of the office
complex or motel and not exceeding an area equivalent to 5% of the first floor portion of the
front facade or 100 square feet, whichever is smaller. Such sign may be either freestanding
or attached, and, if freestanding, shall be set back at least 25 feet from all street rights-
of-way and lot lines. Where an individual office unit has direct access from the outside, a
sign not exceeding six square feet, identifying the name of the office, may also be attached
to the building at the office entrance. No sign shall exceed 25 feet in height at its
uppermost edge.
M. Service stations: One freestanding sign and one attached sign are permitted. The
freestanding sign shall not exceed 20 square feet in area and shall be setback at least 10
feet from all street right-of-way and lot lines and shall be subject to the limitations of any
sight triangle pursuant to § 143-73R. The attached sign shall not exceed 30 square feet in
area. In addition, the following special signs shall be permitted:
(1) Directional signs of lettering over individual entrance doors or bays, consisting
only of the words "washing," "lubrication," "repairs," "mechanic on duty" or other
words closely similar in import, provided that there shall be not more than one
such sign over each entrance or bay, the letters thereof not exceeding 12 inches in
height, and the total area of each sign shall not exceed six square feet.
(2) Customary lettering on, or other insignia which are a structural part of, a gasoline
pump, consisting only of the brand name of gasoline sold, lead-warning sign, a
price indicator and any other sign required by law, and not exceeding a total of
three square feet on each pump, and, if illuminated, such signs shall be non-
flashing and shall not in any manner constitute a traffic hazard with respect to adjacent
streets or intersections.
(3)
A non-illuminated credit card sign not exceeding eight square feet in area, which may
be placed on or near the gasoline pump.
N. Laboratories, industrial and manufacturing plants, wholesale distribution centers and
warehouses: One sign not larger than the equivalent of 5% of the area of the front wall of the
building or 100 square feet, whichever is smaller. If attached, the sign shall be
attached flat against the building and shall not be higher than the roof line; if
freestanding, the sign shall not exceed 10 feet in height shall be set back from all street rights-
of-way and lot lines at least 50 feet.
O. Reserved
P. Electronic Signs [Added 10-16-2018 by Ord. No. 2018-15]
(1) Definitions
(a)
Static Sign - A sign which does not change its message or copy automatically by
electronic or mechanical means.
(b)
Digital Sign - A sign which changes message or copy electronically. The term
“digital” is intended to encompass all electronic message signs, including L.E.D. and
similar lighting technology.
143:157
§ 143-175
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§ 143-175
(2) Location
(a)
Static signs shall be permitted in the CBD, LI, LI/CBD and the HC zones.
(b)
Digital signs shall be permitted in the HC zone only.
(c)
Static signs shall maintain a minimum distance of one hundred and fifty (150) feet
from the closest residential zone boundary.
(d)
Digital signs shall maintain a minimum distance of two hundred (200) feet from the
closest residential zone boundary. The required distance from the closest residential
zone boundary up to fifty percent where it can be demonstrated that the sign face of
the sign will not be visible to the adjacent residential zone district.
(3) Standards
(a) Multiple message signs shall contain a default design that will either freeze the sign in
one position or cause the sign area to go blank if a malfunction occurs.
(b) The change from one display to the next shall be completely accomplished within one
second or less.
(c) All displays shall remain fixed for an interval of at least eight seconds.
(d) Multiple message signs shall not display any image that is flashing, animated, moves,
or appears to move. No multiple message sign shall be illuminated by intermittent or
moving light.
(e) Maximum brightness levels shall not exceed 0.2 foot candles over ambient light levels
as measured within one hundred and fifty (150) feet of the sign. Certification from a
qualified expert shall be provided to demonstrate the sign is designed to automatically
adjust the brightness so as to not exceed these levels.
143:158
§ 143-176
LAND USE
§ 143-176
ARTICLE XXII
Administration and Enforcement
§ 143-176. Enforcement.
A. This Part 5 Zoning Regulations of Chapter 143 shall be enforced by an agent appointed
by the governing body who shall be known as the Zoning Officer.
B. No land shall be occupied and no building or structure or part thereof shall be erected,
constructed, reconstructed, structurally altered or moved until such use or development
has been approved by the Zoning Officer and any necessary site plan approval has been
obtained as required in § 143-45.
C. The erection, construction, reconstruction, structural alteration or moving of any building
or structure or part thereof shall not be approved by the Zoning Officer unless the plans
and intended use indicate that such building or structure is designed and intended to conform
in all respects to the provisions of this Article.
D. The Zoning Officer shall revoke any approval if he finds that actual conditions or construction
does not adhere either to the plans or specifications submitted to him or to any other
applicable municipal or State Regulations.
E. Any change in use, including a change from one permitted use to another kind of
permitted use in the same zone, or any additional use, will be treated as a new use, and
approval by the Zoning Officer shall be required. Prior to the approval of said change in
use, all provisions of this chapter shall be complied with the same as if the new use were
a new structure or a new use of land.
F. A record of all zoning approvals shall be kept on file in the office of the Zoning Office
and copies shall be furnished upon request of any person having a proprietory or
leasehold interest in the building or land affected.
G. It shall be the further duty of the Zoning Officer to investigate any violations of this Part
5 coming to his attention whether by complaint or arising from his own personal knowledge,
and if a violation is found to exist he shall take such action as it seem appropriate in the
circumstances.
143:159
§ 143-177
BUTLER CODE
§ 143-177
§ 143-177. Certificates of occupancy. [Amended 7-16-2024 by Ord. No. 2024-16]
A. No land shall be occupied or used and no buildings hereafter erected or altered shall be
occupied or used in whole or in part of any purpose whatsoever until a certificate of
occupancy shall have been issued by the Construction Code Official, stating that the premises
or building complies with all provisions of this Chapter.
B. No change or extension of use and no alteration of use shall be made in a nonconforming use
of premises without a certificate of occupancy having first been issued by the Construction
Code Official, indicating that such change, extension or alteration is in conformity with the
provisions of this chapter.
C. Certificates of continuing occupancy for commercial, industrial and residential premises. (1)
No person shall sell, occupy, or use any portion of a commercial, industrial or
residential building after such building or portion thereof has been vacated or sold,
or which there shall have been a change in the use or occupancy, until the
owner/landlord shall have applied for and secured a certificate of continuing
occupancy therefore from the Enforcement Officer of the Borough of Butler.
(2) Upon receipt by the Enforcement Officer of an application for a certificate of continuing
occupancy and payment of the requisite fee, the Enforcement Officer shall conduct
an inspection of the premises.
(3) The Enforcement Officer shall issue a certificate of continuing occupancy upon his
inspection and satisfaction that no violations of the Borough of Butler Property
Maintenance Code, Land Use Ordinance, State of New Jersey Housing Code, State
of New Jersey Smoke Detector regulations, or other Ordinances of the Borough of
Butler exist.
(4) If violations are found to exist, there shall be no new occupancy or use of the
premises until compliance with this section has been obtained. If compliance is not
obtained within a reasonable time after inspection and notice, the Enforcement Officer
is authorized to take appropriate legal action.
(5) The Enforcement Officer shall provide a form to be completed by each applicant
seeking a certificate of continued occupancy. The Enforcement Officer may waive
the inspection and fee if any inspection of the same premises has been made within
60 days.
(6) There is hereby created the position of Enforcement Officer who shall have the authority
to make inspections for building, health, fire and safety violations as required by this
section, and to otherwise carry out the purpose and intent of this section. The
Enforcement Officer shall be appointed by the Borough Administrator.
D. Any change in use, including a change from one permitted use to another kind of
permitted use in the same zone, as well as any change in tenancy in the nonresidential
143:160
§ 143-177
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§ 143-179
zones, which changes, alters or enlarges the previous use or which will affect drainage,
traffic, parking, sidewalks, paving, landscaping, fencing, sanitary disposal or other
similar considerations under the site plan review requirements will be treated as a new
use, and a new certificate of occupancy shall be required.
§ 143-178. Violations and penalties.
A. In case any building or structure is erected, constructed, altered, repaired, converted or
maintained, or any building, structure or land is used in violation of this chapter, the
proper local authorities as contained herein or an interested party may institute any
appropriate action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or
abate such violation, to prevent the occupancy of said building, structure or land, or to
prevent any illegal act, conduct, business or use in or about such premises. Each and
every day such violation continues after the expiration of an abatement notice or after
initial construction as the case may be shall be deemed a separate and distinct violation.
B. The owner or user of any building or structure, lot or land or part thereof, where
anything in violation of the zoning regulations of this chapter shall be place or shall exist
and any architect, builder, contractor, agent, person or corporation employed in
connection therewith and who assists in the commission of such violation shall each be
guilty of a separate misdemeanor and, upon conviction thereof, shall each be liable to a
fine of not more than $1,000 and/or imprisonment or community service for not more
than 90 days.
ARTICLE XXIII
Stormwater Management
[Added 11-20-2007 by Ord. No. 2007-29; amended 2/16/2021 by Ord. No. 2021-2;
Amended 4-16-2024 by Ord, No. 2024-06]
§143-179 Scope and Purpose:
A.
Policy Statement. Flood control, groundwater recharge, and pollutant reduction shall be
achieved through the use of stormwater management measures, including green infrastructure
Best Management Practices (GI BMPs) and nonstructural stormwater management strategies.
GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining
natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration
and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based
upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of
potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the
established performance standards for water quality, quantity, and groundwater recharge.
B.
Purpose. The purpose of this ordinance is to establish minimum stormwater management
requirements and controls for “major development,” as defined below in §143-4.
C.
Applicability
1. This ordinance shall be applicable to the following major developments:
(a) Non-residential major developments; and
(b) Aspects of residential major developments that are not pre-empted by the Residential
Site Improvement Standards at N.J.A.C. 5:21.
2. This ordinance shall also be applicable to all major developments undertaken by the
Borough of Butler
143:161
§ 143-179
BUTLER CODE
§ 143-179
3. An application required by ordinance pursuant to (b)1 above that has been submitted
prior to the adoption date of this ordinance, shall be subject to the stormwater
management requirements in effect one day prior to the adoption date of this
ordinance.
4. An application required by ordinance for approval pursuant to (b)1 above that has been
submitted on or after March 2, 2021, but prior to the adoption date of this ordinance,
shall be subject to the stormwater management requirements in effect one day prior to
the adoption date of this ordinance.
5. Notwithstanding any rule to the contrary, a major development for any public roadway
or railroad project conducted by a public transportation entity that has determined a
preferred alternative or reached an equivalent milestone before July 17, 2023, shall be
subject to the stormwater management requirements in effect prior to July 17, 2023.
143:162
§ 143-179
BUTLER CODE
§ 143-181
D. Compatibility with Other Permit and Ordinance Requirements. Development approvals issued
pursuant to this ordinance are to be considered an integral part of development approvals and do
not relieve the applicant of the responsibility to secure required permits or approvals for activities
regulated by any other applicable code, rule, act, or ordinance. In their interpretation and
application, the provisions of this ordinance shall be held to be the minimum requirements for the
promotion of the public health, safety, and general welfare. This ordinance is not intended to
interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this ordinance imposes restrictions different
from those imposed by any other ordinance, rule or regulation, or other provision of law, the more
restrictive provisions or higher standards shall control.
§143-180 Design and Performance Standards for Stormwater Management Measures
A. Stormwater management measures for major development shall be designed to provide erosion
control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff
quality treatment as follows:
(1) The minimum standards for erosion control are those established under the Soil and
Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.
(2) The minimum standards for groundwater recharge, stormwater quality, and stormwater
runoff quantity shall be met by incorporating green infrastructure.
B.
The standards in this ordinance apply only to new major development and are intended to
minimize the impact of stormwater runoff on water quality and water quantity in receiving water
bodies and maintain groundwater recharge. The standards do not apply to new major
development to the extent that alternative design and performance standards are applicable
under a regional stormwater management plan or Water Quality Management Plan adopted in
accordance with Department rules.
§143-181 Stormwater Management Requirements for Major Development
A. The development shall incorporate a maintenance plan for the stormwater management
measures incorporated into the design of a major development in accordance with §143-187.
B.
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat
for threatened and endangered species as documented in the Department’s Landscape Project
or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150,
particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
C.
The following linear development projects are exempt from the groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity requirements of §143-181P, Q and
R:
(1) The construction of an underground utility line provided that the disturbed areas are
revegetated upon completion;
(2) The construction of an aboveground utility line provided that the existing conditions are
maintained to the maximum extent practicable; and
(3) The construction of a public pedestrian access, such as a sidewalk or trail with a maximum
width of 14 feet, provided that the access is made of permeable material.
143:163
§ 143-181
BUTLER CODE
§ 143-181
D. A waiver from strict compliance from the green infrastructure, groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity requirements of §143-181O, P, Q
and R may be obtained for the enlargement of an existing public roadway or railroad; or the
construction or enlargement of a public pedestrian access, provided that the following
conditions are met:
(1) The applicant demonstrates that there is a public need for the project that cannot be
accomplished by any other means;
(2) The applicant demonstrates through an alternatives analysis, that through the use of
stormwater management measures, the option selected complies with the requirements of
§143-181O, P, Q and R to the maximum extent practicable;
(3) The applicant demonstrates that, in order to meet the requirements of §143-181O, P, Q and
R, existing structures currently in use, such as homes and buildings, would need to be
condemned; and
(4) The applicant demonstrates that it does not own or have other rights to areas, including the
potential to obtain through condemnation lands not falling under 143-181D (3) above within
the upstream drainage area of the receiving stream, that would provide additional
opportunities to mitigate the requirements of §143-181O, P, Q and R that were not
achievable onsite.
E.
Tables 1 through 3 below summarize the ability of stormwater best management practices
identified and described in the New Jersey Stormwater Best Management Practices Manual to
satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and
stormwater runoff quantity standards specified in §143-181.O, P, Q and R. When designed in
accordance with the most current version of the New Jersey Stormwater Best Management
Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables
5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing
stormwater controls for the design and performance standards as outlined in the tables below.
Upon amendments of the New Jersey Stormwater Best Management Practices to reflect
additions or deletions of BMPs meeting these standards, or changes in the presumed
performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual,
the Department shall publish in the New Jersey Registers a notice of administrative change
revising the applicable table. The most current version of the BMP Manual can be found on the
Department’s website at: https://njstormwater.org/bmp_manual/
143:164
§ 143-181
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§ 143-181
F.
Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or
amendments with the tables in this ordinance the BMP Tables in the Stormwater Management
rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff
Quality, and/or Stormwater Runoff Quantity
Best
Manage
ment
Practice
Stormwater
Runoff
Quality
TSS Removal
Rate
(
)
Stormwater
Runoff
Quantity
Groundwat
er
Rechar
Minimum
Separatio
n
from
Seasonal
High
W
Cistern
0
Yes
No
--
Dry Well(a)
0
No
Yes
2
Grass Swale
50 or less
No
No
2(e)
1(f)
Green Roof
0
Yes
No
--
Manufactured
Treatmen
t
( )
50 or 80
No
No
Dependent
upon the
device
Pervious
Paving
System(a)
80
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-Scale
Bioretent
ion
80 or 90
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-Scale
Infiltratio
n Basin(a)
80
Yes
Yes
2
Small-Scale
Sand
80
Yes
Yes
2
Vegetative
Filter
60-80
No
No
--
(Notes corresponding to annotations (a) through (g) are found below Table 3)
143:165
§ 143-181
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§ 143-181
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best
Management
Practice
Stormwater
Runoff
Quality
TSS Removal
Rate
(
)
Stormwater
Runoff
Quantity
Groundwater
Recharge
Minimum
Separation
from
Seasonal
High
W
T bl
Bioretention
System
80 or 90
Yes
Yes(b)
No©
2(b)
1©
Infiltration Basin
80
Yes
Yes
2
Sand Filter(b)
80
Yes
Yes
2
Standard
Constructed
Wetland
90
Yes
No
N/A
Wet Pond(d)
50-90
Yes
No
N/A
(Notes corresponding to annotations (b) through (d) are found below Table 3)
143:166
§ 143-181
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§ 143-181
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best
Management
Practice
Stormwater
Runoff
Quality
TSS Removal
Rate
(
)
Stormwater
Runoff
Quantity
Groundwater
Recharge
Minimum
Separation
from
Seasonal
High
W
T bl
Blue Roof
0
Yes
No
N/A
Extended
Detention
Basin
40-60
Yes
No
1
Manufactured
Treatment
Device(h)
50 or 80
No
No
Dependent
upon the
device
Sand Filter(c)
80
Yes
No
1
Subsurface
Gravel
Wetland
90
No
No
1
Wet Pond
50-90
Yes
No
N/A
Notes to Tables 1, 2, and 3:
(a) subject to the applicable contributory drainage area limitation specified at §143-181O (2);
(b) designed to infiltrate into the subsoil;
(c) designed with underdrains;
(d) designed to maintain at least a 10-foot wide area of native vegetation along at least 50 percent of
the shoreline and to include a stormwater runoff retention component designed to capture
stormwater runoff for beneficial reuse, such as irrigation;
(e) designed with a slope of less than two percent;
(f) designed with a slope of equal to or greater than two percent;
(g) manufactured treatment devices that meet the definition of green infrastructure at §143-4;
(h) manufactured treatment devices that do not meet the definition of green infrastructure at §143-4.
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§ 143-181
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§ 143-181
G. An alternative stormwater management measure, alternative removal rate, and/or alternative
method to calculate the removal rate may be used if the design engineer demonstrates the
capability of the proposed alternative stormwater management measure and/or the validity of
the alternative rate or method to the municipality. A copy of any approved alternative
stormwater management measure, alternative removal rate, and/or alternative method to
calculate the removal rate shall be provided to the Department in accordance with §143-183B
Alternative stormwater management measures may be used to satisfy the requirements at §143-
181O only if the measures meet the definition of green infrastructure at §143-4. Alternative
stormwater management measures that function in a similar manner to a BMP listed at Section
O(2) are subject to the contributory drainage area limitation specified at Section O(2) for that
similarly functioning BMP. Alternative stormwater management measures approved in
accordance with this subsection that do not function in a similar manner to any BMP listed at
Section O(2) shall have a contributory drainage area less than or equal to 2.5 acres, except for
alternative stormwater management measures that function similarly to cisterns, grass swales,
green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are
not subject to a contributory drainage area limitation. Alternative measures that function
similarly to standard constructed wetlands or wet ponds shall not be used for compliance with
the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or
a waiver from strict compliance in accordance with §143-181.D is granted from §143-181.O.
H. Whenever the stormwater management design includes one or more BMPs that will infiltrate
stormwater into subsoil, the design engineer shall assess the hydraulic impact on the
groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential
adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally
high water table, so as to cause surficial ponding, flooding of basements, or interference with
the proper operation of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference with the proper
functioning of the stormwater management measure itself.
I.
Design standards for stormwater management measures are as follows:
(1) Stormwater management measures shall be designed to take into account the existing site
conditions, including, but not limited to, environmentally sensitive areas; wetlands; flood-
prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone carbonate rocks
(limestone);
(2) Stormwater management measures shall be designed to minimize maintenance, facilitate
maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at
the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch
spacing between the bars to the elevation of the water quality design storm. For elevations
higher than the water quality design storm, the parallel bars at the outlet structure shall be
spaced no greater than one-third the width of the diameter of the orifice or one-third the
width of the weir, with a minimum spacing between bars of one inch and a maximum
spacing between bars of six inches. In addition, the design of trash racks must comply
with the requirements of §143-185C;
(3) Stormwater management measures shall be designed, constructed, and installed to be
strong, durable, and corrosion resistant. Measures that are consistent with the relevant
portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5
shall be deemed to meet this requirement;
(4) Stormwater management BMPs shall be designed to meet the minimum safety standards
for stormwater management BMPs at §143-185; and
(5) The size of the orifice at the intake to the outlet from the stormwater management BMP
shall be a minimum of two and one-half inches in diameter.
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§ 143-181
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§ 143-181
J.
Manufactured treatment devices may be used to meet the requirements of this subchapter,
provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced
Technology and certified by the Department. Manufactured treatment devices that do not meet
the definition of green infrastructure at §143-4 may be used only under the circumstances
described at §143-181O (4).
K. Any application for a new agricultural development that meets the definition of major
development at §143-4 shall be submitted to the Soil Conservation District for review and
approval in accordance with the requirements at §143-181O, P, Q and R and any applicable Soil
Conservation District guidelines for stormwater runoff quantity and erosion control. For
purposes of this subsection, "agricultural development" means land uses normally associated
with the production of food, fiber, and livestock for sale. Such uses do not include the
development of land for the processing or sale of food and the manufacture of agriculturally
related products.
L.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality,
and stormwater runoff quantity standards at §143-181P, Q and R shall be met in each drainage
area, unless the runoff from the drainage areas converge onsite and no adverse environmental
impact would occur as a result of compliance with any one or more of the individual standards
being determined utilizing a weighted average of the results achieved for that individual
standard across the affected drainage areas.
M. Any stormwater management measure authorized under the municipal stormwater management
plan or ordinance shall be reflected in a deed notice recorded in the Morris County Clerk’s
Office. A form of deed notice shall be submitted to the municipality for approval prior to filing.
The deed notice shall contain a description of the stormwater management measure(s) used to
meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater
runoff quantity standards at §143-181O, P, Q and R and shall identify the location of the
stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet
or Latitude and Longitude in decimal degrees. The deed notice shall also reference the
maintenance plan required to be recorded upon the deed pursuant to §143-187B (5). Prior to
the commencement of construction, proof that the above required deed notice has been filed
shall be submitted to the municipality. Proof that the required information has been recorded
on the deed shall be in the form of either a copy of the complete recorded document or a receipt
from the clerk or other proof of recordation provided by the recording office. However, if the
initial proof provided to the municipality is not a copy of the complete recorded document, a
copy of the complete recorded document shall be provided to the municipality within 180
calendar days of the authorization granted by the municipality.
N. A stormwater management measure approved under the municipal stormwater management
plan or ordinance may be altered or replaced with the approval of the municipality, if the
municipality determines that the proposed alteration or replacement meets the design and
performance standards pursuant to §143-181 of this ordinance and provides the same level of
stormwater management as the previously approved stormwater management measure that is
being altered or replaced. If an alteration or replacement is approved, a revised deed notice
shall be submitted to the municipality for approval and subsequently recorded with the Morris
County Clerk’s Office and shall contain a description and location of the stormwater
management measure, as well as reference to the maintenance plan, in accordance with M
above. Prior to the commencement of construction, proof that the above required deed notice
has been filed shall be submitted to the municipality in accordance with M above.
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§ 143-181
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§ 143-181
O. Green Infrastructure Standards
(1) This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the
groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.
(2) To satisfy the groundwater recharge and stormwater runoff quality standards at §143-181P and
Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at §143-
181F and/or an alternative stormwater management measure approved in accordance with §143-
181G. The following green infrastructure BMPs are subject to the following maximum
contributory drainage area limitations:
Best Management
Practice
Maximum Contributory Drainage
Area
Dry Well
1 acre
Manufactured Treatment Device
2.5 acres
Pervious Pavement Systems
Area of additional inflow cannot
exceed three times the area
occupied by the BMP
Small-scale
Bioretention
Systems
2.5 acres
Small-scale Infiltration Basin
2.5 acres
Small-scale Sand Filter
2.5 Acres
(3) To satisfy the stormwater runoff quantity standards at §143-181R, the design engineer shall
utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management
measure approved in accordance with §143-181G.
(4) If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in
accordance with §143-181D is granted from the requirements of this subsection, then BMPs
from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in
accordance with §143-181G may be used to meet the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards at §143-181P, Q and R.
(5) For separate or combined storm sewer improvement projects, such as sewer separation,
undertaken by a government agency or public utility (for example, a sewerage company), the
requirements of this subsection shall only apply to areas owned in fee simple by the government
agency or utility, and areas within a right-of-way or easement held or controlled by the
government agency or utility; the entity shall not be required to obtain additional property or
property rights to fully satisfy the requirements of this subsection. Regardless of the amount of
area of a separate or combined storm sewer improvement project subject to the green
infrastructure requirements of this subsection, each project shall fully comply with the
applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff
quantity standards at §143-181P, Q and R, unless the project is granted a waiver from strict
compliance in accordance with §143-181D.
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P.
Groundwater Recharge Standards
(1) This subsection contains the minimum design and performance standards for groundwater
recharge as follows:
(2) The design engineer shall, using the assumptions and factors for stormwater runoff and
groundwater recharge calculations at §143-182, either:
(a) Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater
management measures maintain 100 percent of the average annual pre-construction
groundwater recharge volume for the site; or
(b) Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater
runoff volume from pre-construction to post-construction for the projected 2-year
storm, as defined and determined pursuant to Chapter 143-182 of this ordinance, is
infiltrated.
(3) This groundwater recharge requirement does not apply to projects within the “urban
redevelopment area,” or to projects subject to (4) below.
(4) The following types of stormwater shall not be recharged:
(a) Stormwater from areas of high pollutant loading. High pollutant loading areas are
areas in industrial and commercial developments where solvents and/or petroleum
products are loaded/unloaded, stored, or applied, areas where pesticides are
loaded/unloaded or stored; areas where hazardous materials are expected to be present
in greater than “reportable quantities” as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be
inconsistent with Department approved remedial action work plan approved pursuant
to the Administrative Requirements for the Remediation of Contaminated sites rules,
N.J.A.C. 7:26C, or Department landfill closure plan and areas; and areas with high
risks for spills of toxic materials, such as gas stations and vehicle maintenance
facilities; and
(b) Industrial stormwater exposed to “source material.” “Source material” means any
material(s) or machinery, located at an industrial facility, that is directly or indirectly
related to process, manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products; final products;
waste materials; by-products; industrial machinery and fuels, and lubricants, solvents,
and detergents that are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
Q. Stormwater Runoff Quality Standards
(1) This subsection contains the minimum design and performance standards to control
stormwater runoff quality impacts of major development. Stormwater runoff quality
standards are applicable when the major development results in an increase of one-quarter
acre or more of regulated motor vehicle surface.
(2) Stormwater management measures shall be designed to reduce the post-construction load
of total suspended solids (TSS) in stormwater runoff generated from the water quality
design storm as follows:
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(a) Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be
achieved for the stormwater runoff from the net increase of motor vehicle surface.
(b) If the surface is considered regulated motor vehicle surface because the water quality
treatment for an area of motor vehicle surface that is currently receiving water quality
treatment either by vegetation or soil, by an existing stormwater management measure, or by
treatment at a wastewater treatment plant is to be modified or removed, the project shall
maintain or increase the existing TSS removal of the anticipated load expressed as an annual
average.
(3) The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated
under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt
under a NJPDES permit from this requirement. Every major development, including any that
discharge into a combined sewer system, shall comply with 2 above, unless the major
development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or
the NJPDES permit to which the major development is subject exempts the development from
a numeric effluent limitation for TSS.
(4) The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations
shall take into account the distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take into account the
implementation of stormwater management measures.
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Table
4
-
Water
Quality
Design
Storm
Distribution
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(5) If more than one BMP in series is necessary to achieve the required 80 percent TSS reduction
for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R = A + B – (A x B) / 100,
Where
R = total TSS Percent Load Removal from application of both BMPs, and
A = the TSS Percent Removal Rate applicable to the first BMP
B = the TSS Percent Removal Rate applicable to the second BMP.
(6) Stormwater management measures shall also be designed to reduce, to the maximum extent
feasible, the post-construction nutrient load of the anticipated load from the developed site in
stormwater runoff generated from the water quality design storm. In achieving reduction of
nutrients to the maximum extent feasible, the design of the site shall include green infrastructure
BMPs that optimize nutrient removal while still achieving the performance standards in §143-
181P, Q and R.
(7) In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management
measures shall be designed to prevent any increase in stormwater runoff to waters classified as
FW1.
(8) The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian
zones along Category One waters, as designated in the Surface Water Quality Standards at
N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not
undertake a major development that is located within or discharges into a 300-foot riparian zone
without prior authorization from the Department under N.J.A.C. 7:13.
(9) Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from
the water quality design storm that is discharged within a 300-foot riparian zone shall be treated
in accordance with this subsection to reduce the post-construction load of total suspended solids
by 95 percent of the anticipated load from the developed site, expressed as an annual average.
(10) This stormwater runoff quality standards do not apply to the construction of one individual
single-family dwelling, provided that it is not part of a larger development or subdivision that
has received preliminary or final site plan approval prior to December 3, 2018, and that the
motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.
R.
Stormwater Runoff Quantity Standards
(1) This subsection contains the minimum design and performance standards to control
stormwater runoff quantity impacts of major development.
(2) In order to control stormwater runoff quantity impacts, the design engineer shall, using the
assumptions and factors for stormwater runoff calculations at §143-4, complete one of the
following:
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(a) Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site,
post-construction runoff hydrographs for the 2-, 10-, and 100-year storm events, as defined
and determined in Subsections 143-182 C and D, respectively, of this ordinance, do not
exceed, at any point in time, the pre-construction runoff hydrographs for the same storm
events;
(b) Demonstrate through hydrologic and hydraulic analysis that there is no increase, as
compared to the pre-construction condition, in the peak runoff rates of stormwater leaving
the site for the current and projected 2-, 10-, and 100-year storm events, as defined and
determined pursuant to Subsections 143-182 C and D, respectively, of this ordinance, and
that the increased volume or change in timing of stormwater runoff will not increase flood
damage at or downstream of the site. This analysis shall include the analysis of impacts of
existing land uses and projected land uses assuming full development under existing zoning
and land use ordinances in the drainage area;
(c) Design stormwater management measures so that the post-construction peak runoff rates for
the current and projected 2-, 10-, and 100-year storm events, as defined and determined in
Subsections 143-182 C and D, respectively, of this ordinance, are 50, 75 and 80 percent,
respectively, of the pre-construction peak runoff rates. The percentages apply only to the
post-construction stormwater runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed.
(3) The stormwater runoff quantity standards shall be applied at the site’s boundary to each abutting
lot, roadway, watercourse, or receiving storm sewer system.
§143-182 Calculation of Stormwater Runoff and Groundwater Recharge:
A. Stormwater runoff shall be calculated in accordance with the following:
(1) The design engineer shall calculate runoff using one of the following methods:
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(a) The design engineer shall calculate runoff using the following method:
The United States Department of Agriculture Natural Resources Conservation Service
(NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit
Hydrograph, as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology National
Engineering Handbook, incorporated herein by reference as amended and supplemented.
This methodology is additionally described in Technical Release 55, Urban Hydrology for
Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended
and supplemented. Information regarding the methodology is available from the Natural
Resources Conservation Service website at: https://directives.sc.egov.usda.gov/22162.wba or
at United States Department of Agriculture Natural Resources Conservation Service, 220
Davison Avenue, Somerset, New Jersey 08873.
(b) For the purpose of calculating curve numbers and groundwater recharge, there is a presumption
that the pre-construction condition of a site or portion thereof is wooded land use with good
hydrologic condition. The term “curve number” applies to the NRCS methodology above. A
curve number or a groundwater recharge land cover for an existing condition may be used on
all or a portion of the site if the design engineer verifies that the hydrologic condition has
existed on the site or portion of the site for at least five years without interruption prior to the
time of application. If more than one land cover has existed on the site during the five years
immediately prior to the time of application, the land cover with the lowest runoff potential
shall be used for the computations. In addition, there is the presumption that the site is in good
hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the
land use type is woods), or with good hydrologic condition and conservation treatment (if the
land use type is cultivation).
(c) The precipitation depths of the current two-, 10-, and 100-year storm events shall be
determined by multiplying the values determined in accordance with items 1 and 2 below:
1. The applicant shall utilize the National Oceanographic and Atmospheric Administration
(NOAA), National Weather Service’s Atlas 14 Point Precipitation Frequency Estimates: NJ,
in accordance with the location(s) of the drainage area(s) of the site. This data is available
at:https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj; and
2. The applicant shall utilize the Current Precipitation Adjustment Factors below, which sets
forth the applicable multiplier for the drainage area(s) of the site:
2-year Design Storm – 1.01
10-year Design Storm – 1.03
100-year Design Storm – 1.06
(d) The precipitation depth of the projected two-, 10-, and 100-year storm events of a site shall
be determined by multiplying the precipitation depth of the two-, 10-, and 100-year storm
events determined from the National Weather Service’s Atlas 14 Point Precipitation
Frequency Estimates pursuant to (c)1 above, by the change factors below:
2-year Design Storm – 1.23
10-year Design Storm – 1.28
100-year Design Storm – 1.46
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(2) For the purpose of calculating runoff coefficients and groundwater recharge, there is a
presumption that the pre-construction condition of a site or portion thereof is a wooded
land use with good hydrologic condition. The term “runoff coefficient” applies to both
the NRCS methodology above at §143-182A (1) (a) and the Rational and Modified
Rational Methods at §143-182A (1) (b). A runoff coefficient or a groundwater recharge
land cover for an existing condition may be used on all or a portion of the site if the design
engineer verifies that the hydrologic condition has existed on the site or portion of the site
for at least five years without interruption prior to the time of application. If more than
one land cover have existed on the site during the five years immediately prior to the time
of application, the land cover with the lowest runoff potential shall be used for the
computations. In addition, there is the presumption that the site is in good hydrologic
condition (if the land use type is pasture, lawn, or park), with good cover (if the land use
type is woods), or with good hydrologic condition and conservation treatment (if the land
use type is cultivation).
(3) In computing pre-construction stormwater runoff, the design engineer shall account for
all significant land features and structures, such as ponds, wetlands, depressions,
hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and
volumes.
(4) In computing stormwater runoff from all design storms, the design engineer shall consider
the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces
separately to accurately compute the rates and volume of stormwater runoff from the site.
To calculate runoff from unconnected impervious cover, urban impervious area
modifications as described in the NRCS Technical Release 55 – Urban Hydrology for
Small Watersheds or other methods may be employed.
(5) If the invert of the outlet structure of a stormwater management measure is below the
flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall
take into account the effects of tailwater in the design of structural stormwater
management measures.
B. Groundwater recharge may be calculated in accordance with the following:
(1) The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as
amended and supplemented. Information regarding the methodology is available from
the New Jersey Stormwater Best Management Practices Manual; at the New Jersey
Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail
Code 29-01, Trenton, New Jersey 08625-0420.
§143-183 Sources for Technical Guidance:
A. Technical guidance for stormwater management measures can be found in the documents listed
below,
which
are
available
to
download
from
the
Department’s
website
at:
https://dep.nj.gov/stormwater/bmp-manual/
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(1) Guidelines for stormwater management measures are contained in the New Jersey
Stormwater Best Management Practices Manual, as amended and supplemented.
Information is provided on stormwater management measures such as, but not limited to,
those listed in Tables 1, 2, and 3.
(2) Additional maintenance guidance is available on the Department’s website at:
https://www.njstormwater.org/maintenance_guidance.htm.
B.
Submissions required for review by the Department should be mailed to:
The Division of Water Quality, New Jersey Department of Environmental Protection, Mail
Code 501-02A, PO Box 420, Trenton, New Jersey 08625-0420.
§143-184 Solids and Floatable Materials Control Standards:
A. Site design features identified under §143-181F above, or alternative designs in accordance with
§143-181G above, to prevent discharge of trash and debris from drainage systems shall comply
with the following standard to control passage of solid and floatable materials through storm
drain inlets. For purposes of this paragraph, “solid and floatable materials” means sediment,
debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard
see §143-184A (2) below.
(1) Design engineers shall use one 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:
(a) 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; or
(b) A different grate, if each individual clear space in that grate has an area of no more
than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest
dimension. 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 system floors used to collect stormwater from the surface into a storm drain
or surface water body.
(c) For curb-opening inlets, including curb-opening inlets in combination inlets, 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 (7.0) square inches, or
be no greater than two (2.0) inches across the smallest dimension.
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(2) The standard in A (1) above does not apply:
(a) Where each individual clear space in the curb opening in existing curb-opening inlet
does not have an area of more than nine (9.0) square inches;
(b) Where the municipality agrees that the standards would cause inadequate hydraulic
performance that could not practicably be overcome by using additional or larger storm
drain inlets;
(c) Where flows from the water quality design storm as specified in N.J.A.C. 7:8 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:
[1] A rectangular space four and five-eighths (4.625) inches long and one and one-half
(1.5) inches wide (this option does not apply for outfall netting facilities); or
[2] A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement of requirements in the
Residential Site Improvement Standards for bicycle safe grates in new residential
development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
(d) Where flows are conveyed through a trash rack that has parallel bars with one-inch (1
inch) spacing between the bars, to the elevation of the Water Quality Design Storm as
specified in N.J.A.C. 7:8; or
(e) 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.
§143-185 Safety Standards for Stormwater Management Basins:
A. This section sets forth requirements to protect public safety through the proper design and
operation of stormwater management BMPs. This section applies to any new stormwater
management BMP.
B.
The provisions of this section are not intended to preempt more stringent municipal or county
safety requirements for new or existing stormwater management BMPs. Municipal and county
stormwater management plans and ordinances may, pursuant to their authority, require existing
stormwater management BMPs to be retrofitted to meet one or more of the safety standards in
§143-185C (1), C (2), and (3) for trash racks, overflow grates, and escape provisions at outlet
structures.
C.
Requirements for Trash Racks, Overflow Grates and Escape Provisions
(1) A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet
structures. Trash racks shall be installed at the intake to the outlet from the Stormwater
management BMP to ensure proper functioning of the BMP outlets in accordance with the
following:
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(a) The trash rack shall have parallel bars, with no greater than six-inch spacing between the
bars;
(b) The trash rack shall be designed so as not to adversely affect the hydraulic performance
of the outlet pipe or structure;
(c) The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per
second under the full range of stage and discharge. Velocity is to be computed on the
basis of the net area of opening through the rack; and
(d) The trash rack shall be constructed of rigid, durable, and corrosion resistant material and
designed to withstand a perpendicular live loading of 300 pounds per square foot.
(2) An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet
structure has an overflow grate, such grate shall meet the following requirements:
(a) The overflow grate shall be secured to the outlet structure but removable for emergencies
and maintenance.
(b) The overflow grate spacing shall be no greater than two inches across the smallest
dimension
(c) The overflow grate shall be constructed and installed to be rigid, durable, and corrosion
resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds
per square foot.
(3) Stormwater management BMPs shall include escape provisions as follows:
(a) If a stormwater management BMP has an outlet structure, escape provisions shall be
incorporated in or on the structure. Escape provisions include the installation of
permanent ladders, steps, rungs, or other features that provide easily accessible means
of egress from stormwater management BMPs. With the prior approval of the
municipality pursuant to §143-185C, a free-standing outlet structure may be exempted
from this requirement;
(b) Safety ledges shall be constructed on the slopes of all new stormwater management
BMPs having a permanent pool of water deeper than two and one-half feet. Safety ledges
shall be comprised of two steps. Each step shall be four to six feet in width. One step
shall be located approximately two and one-half feet below the permanent water surface,
and the second step shall be located one to one and one-half feet above the permanent
water surface. See §143-185C for an illustration of safety ledges in a stormwater
management BMP; and
(c) In new stormwater management BMPs, the maximum interior slope for an earthen dam,
embankment, or berm shall not be steeper than three horizontal to one vertical.
D. Variance or Exemption from Safety Standard
(1) A variance or exemption from the safety standards for stormwater management BMPs may
be granted only upon a written finding by the municipality that the variance or exemption
will not constitute a threat to public safety.
E.
Safety Ledge Illustration
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Elevation View –Basin Safety Ledge Configuration
§143-186 Requirements for a Site Development Stormwater Plan:
A. Submission of Site Development Stormwater Plan
(1) Whenever an applicant seeks municipal approval of a development subject to this
ordinance, the applicant shall submit all of the required components of the Checklist for
the Site Development Stormwater Plan at §143-186C below as part of the submission of
the application for approval.
(2) The applicant shall demonstrate that the project meets the standards set forth in this
ordinance.
(3) The applicant shall submit four copies of the materials listed in the checklist for site
development stormwater plans in accordance with §143-186C of this ordinance.
B.
Site Development Stormwater Plan Approval
(1) The applicant's Site Development project shall be reviewed as a part of the review process
by the municipal board or official from which municipal approval is sought. That
municipal board or official shall consult the engineer retained by the Planning Board
and/or Zoning Board of Adjustment (as appropriate) to determine if the project meets the
standards set forth in this ordinance.
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C.
Submission of Site Development Stormwater Plan. The following information shall be required:
(1) Topographic Base Map. The reviewing engineer may require upstream tributary drainage
system information as necessary. It is recommended that the topographic base map of the
site be submitted which extends a minimum of 200 feet beyond the limits of the proposed
development, at a scale of one inch equals to 200 feet or greater, showing 2-foot contour
intervals. The map as appropriate may indicate the following: existing surface water
drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams
that drain into or upstream of the Category One waters, wetlands and flood plains along
with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative
surfaces, existing man-made structures, roads, bearing and distances of property lines,
and significant natural and manmade features not otherwise shown.
(2) Environmental Site Analysis. A written and graphic description of the natural and man-
made features of the site and its surroundings should be submitted. This description
should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation
on the site. Particular attention should be given to unique, unusual, or environmentally
sensitive features and to those that provide particular opportunities or constraints for
development.
(3) Project Description and Site Plans. A map (or maps) at the scale of the topographical base
map indicating the location of existing and proposed buildings roads, parking areas,
utilities, structural facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where alterations will
occur in the natural terrain and cover, including lawns and other landscaping, and seasonal
high groundwater elevations. A written description of the site plan and justification for
proposed changes in natural conditions shall also be provided.
(4) Land Use Planning and Source Control Plan. This plan shall provide a demonstration of
how the goals and standards of Sections §143-180 through §143-182 are being met. The
focus of this plan shall be to describe how the site is being developed to meet the objective
of controlling groundwater recharge, stormwater quality and stormwater quantity
problems at the source by land management and source controls whenever possible.
(5) Stormwater Management Facilities Map. The following information, illustrated on a map
of the same scale as the topographic base map, shall be included:
(a) Total area to be disturbed, paved or built upon, proposed surface contours, land area
to be occupied by the stormwater management facilities and the type of vegetation
thereon, and details of the proposed plan to control and dispose of stormwater.
(b) Details of all stormwater management facility designs, during and after construction,
including discharge provisions, discharge capacity for each outlet at different levels of
detention and emergency spillway provisions with maximum discharge capacity of
each spillway.
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(6) Calculations
(a) Comprehensive hydrologic and hydraulic design calculations for the pre-development
and post-development conditions for the design storms specified in §143-181 of this
ordinance.
(b) When the proposed stormwater management control measures depend on the
hydrologic properties of soils or require certain separation from the seasonal high
water table, then a soils report shall be submitted. The soils report shall be based on
onsite boring logs or soil pit profiles. The number and location of required soil borings
or soil pits shall be determined based on what is needed to determine the suitability
and distribution of soils present at the location of the control measure.
(7) Maintenance and Repair Plan
(a) The design and planning of the stormwater management facility shall meet the
maintenance requirements of §143-187.
(8) Waiver from Submission Requirements
(a) The municipal official or board reviewing an application under this ordinance may,
in consultation with the municipality’s review engineer, waive submission of any of
the requirements in §143-186C (1) through §143-186C (6) of this ordinance when it
can be demonstrated that the information requested is impossible to obtain or it would
create a hardship on the applicant to obtain and its absence will not materially affect
the review process.
§143-187 Maintenance and Repair:
A. Applicability
Projects subject to review as in §143-1C of this ordinance shall comply with the requirements of
§143-187B and §143-187C.
B.
General Maintenance
(1)
The design engineer shall prepare a maintenance plan for the stormwater management
measures incorporated into the design of a major development.
(2)
The maintenance plan shall contain specific preventative maintenance tasks and
schedules; cost estimates, including estimated cost of sediment, debris, or trash removal;
and the name, address, and telephone number of the person or persons responsible for
preventative and corrective maintenance (including replacement). The plan shall contain
information on BMP location, design, ownership, maintenance tasks and frequencies, and
other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific
to the type of BMP, as described in the applicable chapter containing design specifics.
(3)
If the maintenance plan identifies a person other than the property owner (for example, a
developer, a public agency or homeowners' association) as having the responsibility for
maintenance, the plan shall include documentation of such person's or entity’s agreement
to assume this responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or regulation.
143:183
§ 143-187
BUTLER CODE
§ 143-187
(4)
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant
of an individual property in a residential development or project, unless such owner or
tenant owns or leases the entire residential development or project. The individual
property owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these tasks; however, the
individual cannot be legally responsible for all of the maintenance required.
(5)
If the party responsible for maintenance identified under §143-187B (3) above is not a
public agency, the maintenance plan and any future revisions based on §143-187B (7)
below shall be recorded upon the deed of record for each property on which the
maintenance described in the maintenance plan must be undertaken.
(6)
Preventative and corrective maintenance shall be performed to maintain the functional
parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.).of the
stormwater management measure, including, but not limited to, repairs or replacement to
the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation; and repair or
replacement of non-vegetated linings.
(7)
The party responsible for maintenance identified under §143-187B (3) above shall
perform all of the following requirements:
(a) maintain a detailed log of all preventative and corrective maintenance for the
structural stormwater management measures incorporated into the design of the
development, including a record of all inspections and copies of all maintenance-
related work orders;
(b) evaluate the effectiveness of the maintenance plan at least once per year and adjust
the plan and the deed as needed; and
(c) retain and make available, upon request by any public entity with administrative,
health, environmental, or safety authority over the site, the maintenance plan and the
documentation required by §143-187B (6) and §143-187B (7) above.
(d) Beginning on January 1, 2020, persons responsible for maintenance under Subsection
B (2) above shall make annual submissions to the municipality, by January 1,
containing excerpts of the detailed log of all preventative and corrective maintenance
that was performed for the calendar year that just ended for all structural stormwater
measures incorporated into the design of the development, including a record of all
inspections and copies of all maintenance related work orders.
(8) The requirements of §143-187B (3) and §143-187B (4) do not apply to stormwater
management facilities that are dedicated to and accepted by the municipality or another
governmental agency, subject to all applicable municipal stormwater general permit
conditions, as issued by the Department.
(9) In the event that the stormwater management facility becomes a danger to public safety
or public health, or if it is in need of maintenance or repair, the municipality shall so notify
the responsible person in writing. Upon receipt of that notice, the responsible person shall
have fourteen (14) days to effect maintenance and repair of the facility in a manner that
is approved by the municipal engineer or his designee. The municipality, in its discretion,
may extend the time allowed for effecting maintenance and repair for good cause. If the
responsible person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall bill the cost thereof
to the responsible person. Nonpayment of such bill may result in a lien on the property.
143:184
§ 143-187
BUTLER CODE
§ 143-188
(10) Nothing in this subsection shall preclude the municipality in which the major
development is located from requiring the posting of a performance or maintenance
guarantee in accordance with N.J.S.A. 40:55D-53
§143-187A Violations and Penalties:
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building,
structure or land in violation of this ordinance shall be subject to a fine of up to $500.00 for
each violation.
ARTICLE XXIV
Stormwater Management for Minor Subdivisions and Individual Single-Family
Properties
[Added 11-20-2007 by Ord. No. 2007-29]
§ 143-188. Purpose.
It is the purpose of this article to establish minimum stormwater management requirements
and controls for development not regulated by Chapters 143.28 or 143.35.
§ 143-189. Applicability.
This ordinance shall be applicable to:
A. All the development pertaining to minor subdivisions approved by the Planning Board or
Zoning Board of Adjustment.
B. All applications of building permits for enlargement or addition to an existing single
family residence.
C. Any application whereby additional impervious surfaces are being added, or the grade of
the property is being altered or modified, or which involves soil movement including, but
not limited to, porches, decks, driveways, retaining walls, swimming pools, etc.
143:185
§ 143-190
BUTLER CODE
§ 143-190
§ 143-190. General standards.
A. All applications for building permits or grading plan approval for properties applicable to
this ordinance shall contain a plan or certification providing for a zero increase in stormwater
runoff for the completed project.
B. Stormwater runoff quantities shall be calculated based on the criteria contained in the
Residential Site Improvement Standards at N.J.A.C. 5:21.
C. Zero increase in stormwater runoff shall be accomplished by implementing Stormwater
management techniques as contained in the Residential Site Improvement Standards at
N.J.A.C. 5:21 and/or the New Jersey Department of Environmental Protection
Stormwater Best Management Practices Manual available at www.njstormwater.org.
143:186
LAND USE
Borough of Butler
Typical Buffer Area
APPENDIX TO ARTICLE II
Appendix Article II 1:1
LAND USE
Borough of Butler
Yard Definition Diagrams
APPENDIX TO ARTICLE II
Appendix Article II 1:2
LAND USE
143 Attachment 1
Borough of Butler
Schedule A, B, C, D
Use this link to see Schedules A – B – C - D
REPLACEMENT
PAGE
LAND USE
143 Attachment 5
Borough of Butler
Checklist No. 1
Checklist for Determining Completeness of Application for Development
Name of Applicant
Application No.
Block
Lot(s)
Date Filed
Please indicate in the LAST COLUMN
if the required information is
Complete, Incomplete, Not Applicable
or
Waiver Requested
Minor
Site
Plan
Minor
Subdiv
Prelim.
Site
Plan
Prelim.
Major
Subdiv
Final
Site
Plan
Final
Major
Subdiv
1.
Completed application form (15)
copies
X
X
X
X
X
X
2.
Filing Fee (See Article VI)
X
X
X
X
X
X
3.
15 black or blue on white prints of
all maps
X
X
X
X
X
X
4.
15 copies of all other documents
X
X
X
X
X
X
5.
1 copy of this checklist completed
by the applicant
X
X
X
X
X
X
6.
Completed County Planning Board
application form (in triplicate) and
County filing fee if the County
Planning Board approval is required
X
X
X
X
X
X
7.
All maps signed and sealed by
appropriate New Jersey Licensed or
registered professional person.
X
X
X
X
X
X
8.
All maps signed and sealed by New
Jersey licensed Land Surveyor
X
9.
Certified list of property owners and
block and lot number of properties
located within 200 feet of the tract
boundary
X
X
10. Name of tract or development
X
X
X
X
X
X
11. Tax map sheet, with date of
revision, block and lot numbers
X
X
X
X
X
12. Tax map sheet, date prepared and
date(s) of revisions, block and lot
numbers as assigned by Tax
Assessor
X
143 Attachment 5:1
BUTLER CODE
Please indicate in the LAST COLUMN
if the required information is
Complete, Incomplete, Not Applicable
or
Waiver Requested
Minor
Site
Plan
Minor
Subdiv
Prelim.
Site
Plan
Prelim.
Major
Subdiv
Final
Site
Plan
Final
Major
Subdiv
13. Certification that applicant is owner
or his authorized agent or his
authorized agent or that owner has
given consent to file under an option
agreement
X
X
X
X
X
X
14. Plat scale not less than 1" = 50' nor
more than 1" = 10'
X
X
X
X
X
15. Plat scale not less than 1" = 30' nor
more than 1" = 10'
X
16. Plan and profile maps to have scales
of 1" = 50' horizontal and 1" = 5'
vertical
X
17. Graphic scale
X
X
X
X
X
X
18. Reference meridian
X
X
X
X
X
X
19. Signature block for Board
Chairman, Secretary and Board
Engineer
X
X
X
X
X
X
20. Maximum sheet size: 24" x 36"
X
X
X
X
X
X
21. Name, address and license number
of person preparing plan
X
X
X
X
X
X
22. Name and address or record owner
X
X
X
X
X
X
23. Name and address of applicant if
other than owner
X
X
X
X
X
X
24. Key map (scale: not less than 1" =
400') showing entire tract and its
relation to surrounding area,
including locations and names of
principal roads.
X
X
X
X
X
25. Existing property lines and other site
lines, with bearings and distances
X
X
X
X
X
X
26. Tract boundary line with bearings
and distances
X
X
27. Zone district(s) and identification of
zone boundaries located on or
adjoining property
X
X
X
X
X
X
28. Area of the lot in square feet and
acres
X
X
X
X
X
X
29. Total area of each lot in square feet
and the area of each lot located
within the maximum depth of
measurement
X
X
143 Attachment 5:2
LAND USE
Please indicate in the LAST COLUMN
if the required information is
Complete, Incomplete, Not Applicable
or
Waiver Requested
Minor
Site
Plan
Minor
Subdiv
Prelim.
Site
Plan
Prelim.
Major
Subdiv
Final
Site
Plan
Final
Major
Subdiv
30. Names of owners of adjoining
properties
X
31. Front, rear and side building setback
lines as required by the zoning
regulations
X
X
X
X
32. All structures located within 100
feet of the tract
X
X
X
X
33. All existing and proposed structures
on the tract with setback distances
X
X
X
X
X
X
34. Right-of-way lines, widths and the
names of all existing streets
adjoining the property
X
X
X
X
35. Location and widths of all other
existing and proposed rights-of-way
and easements, the purpose of any
easement and the text of any
restrictions applicable to same
X
X
X
X
X
X
36. Table indicating all requirements
applicable to the zone in accordance
with the Schedule D of Zoning
Regulations with proposed
dimensions, areas setbacks etc.
indicating variances requested
X
X
37. Location and widths of all other
existing and proposed rights-of-way
and easements including sight
triangle easements defined by metes
and bounds, the purpose of any
easement and the text of any
restrictions applicable to same
X
38. Right-of-way lines, widths, and
names of all existing streets on and
within 100 feet of the property
X
X
39. Location on and within 100 feet of
the property of existing and
proposed:
a. watercourses and other drainage
courses
b. bridges
c. culverts, and/or storm drains
with sizes and gradients
d. wooded areas
e. rock outcroppings
X
X
X
X
X
143 Attachment 5:3
BUTLER CODE
Please indicate in the LAST COLUMN
if the required information is
Complete, Incomplete, Not Applicable
or
Waiver Requested
Minor
Site
Plan
Minor
Subdiv
Prelim.
Site
Plan
Prelim.
Major
Subdiv
Final
Site
Plan
Final
Major
Subdiv
40. Existing wells and septic systems
X
X
41. Certification from the Tax Collector
that all taxes and assessments for
local improvements on the property
have been paid through the most
recent installment date
X
X
X
X
X
X
42. Existing and proposed contours at
minimum 2 feet intervals when new
buildings or parking areas are
proposed. Contours shall extend at
least 50 feet beyond the property
X
X
X
43. Elevations at corners of all proposed
buildings and paved areas and at
property corners
X
X
X
44. All flood hazard areas, lakes, ponds,
marshes, bogs, swamps and streams
X
X
X
X
45. Freshwater wetlands including
transition areas delineation or an
affidavit by a qualified person
stating that no wetlands on the
property exist.
X
X
X
X
X
46. All zoning requirements in
accordance with the schedule
referred to in 143-118 and the
relationship of the proposed site
plan to those requirements.
Calculation of existing and proposed
building and impervious coverage
on the lot shall be included
X
X
X
47. If wetlands or transition areas are
located on the property, the
applicant shall submit one of the
following:
a. A Freshwater Wetlands Permit
from D.E.P.
b. A Letter of Exemption from
DEP.
c. A Letter of Interpretation from
DEP.
X
X
X
X
X
48. Copies of any existing or proposed
protective or restrictive covenants
and deed restrictions
X
X
X
X
49. A Soil and Sediment Control Plan
X
X
X
X
143 Attachment 5:4
LAND USE
Please indicate in the LAST COLUMN
if the required information is
Complete, Incomplete, Not Applicable
or
Waiver Requested
Minor
Site
Plan
Minor
Subdiv
Prelim.
Site
Plan
Prelim.
Major
Subdiv
Final
Site
Plan
Final
Major
Subdiv
50. Location and area described in
bearings and distances and purpose
of any open space to be dedicated to
public use
X
X
X
51. Environmental impact statement
X
52. Soil data per Morris County Soil
Survey (USDA, SCS) as follows:
a. Map showing each soil type and
soil symbol
b. Maps, charts and tables
reflecting interpretations of soil
types including seasonable
water table within 3 1/2 feet of
the surface and bedrock within
3 1/2 feet of the surface
X
X
53. Parking and loading spaces, with
dimensions; width of traffic aisles
and direction of traffic flow
X
X
X
54. Specifications and construction
detail sheet of existing and proposed
paving and curbing
X
X
X
55. Tentative/Final building floor plans.
Scale: not less than 1/8 inch = 1 foot
X
X
X
56. Front, rear and side building
elevation drawings showing
building materials. Scale: not less
than 1/8 inch = 1 foot
X
X
X
57. Three-dimensional artist’s rendering
of proposed building
X
58. Utility systems showing connections
to existing and proposed systems
including, but not limited to:
a. Plans and profiles of storm
drainage facilities (ditches,
pipes, detention facilities, etc.)
showing materials, sizes,
elevations and the like
b. Drainage area map and drainage
calculations
c. Plans and profiles of existing
and proposed sanitary sewers
and appurtenant facilities
X
X
X
X
143 Attachment 5:5
BUTLER CODE
Please indicate in the LAST COLUMN
if the required information is
Complete, Incomplete, Not Applicable
or
Waiver Requested
Minor
Site
Plan
Minor
Subdiv
Prelim.
Site
Plan
Prelim.
Major
Subdiv
Final
Site
Plan
Final
Major
Subdiv
d. Existing and proposed water
mains, showing sizes and
materials
e. Location of any proposed
individual sewage disposal
system along with percolation
test results approved by the
Board of Health
f.
Existing electric and natural gas
lines and proposed connections
thereto
g. Location of existing and
proposed water wells
h. Letters of intent to serve the
property from utilities (gas,
electric, telephone, etc.)
59. Location and description of all
existing and proposed fuel and
liquid storage facilities; and all solid
waste storage facilities
X
X
X
60. A listing of all products sold,
manufactured and used in
connection with any industrial
operation including any and all
chemicals and fluids used along
with a description of the methods of
storing and disposing of said
chemicals and fluids
X
X
X
61. An affidavit by the applicant for any
industrial use acknowledging his
understanding of the performance
standards in § 143-149 and his
agreement to conform to same at all
time
X
X
X
62. Location of existing and/or proposed
fences, walls and sidewalks
X
X
X
63. Generalized plan of landscaping
showing basic treatment of all
unpaved areas and buffers
X
X
64. As-built plan of landscaping
showing treatment of all unpaved
areas and buffers including plant
species, sizes and members
X
143 Attachment 5:6
LAND USE
Please indicate in the LAST COLUMN
if the required information is
Complete, Incomplete, Not Applicable
or
Waiver Requested
Minor
Site
Plan
Minor
Subdiv
Prelim.
Site
Plan
Prelim.
Major
Subdiv
Final
Site
Plan
Final
Major
Subdiv
65. In multifamily residential
developments containing 25 or more
units and in non-residential
developments utilizing 1,000 square
feet or more of land area the
location and description of
provisions for the recycling of
recyclable materials in accordance
with the municipal recycling
ordinance. The plan shall be
accompanied by a description of:
a. The size, shape, materials of
construction of the recycling
area
b. Name and address of the
collector of recycled materials
c. If recycled materials will be
transferred to the Borough’s
recycling center of taken to
some other location
d. Frequency of collection
X
X
X
66. Present status and contemplated use
of all existing and proposed
buildings
X
X
X
67. Size, location and details of existing
and proposed signs
X
X
X
68. Location, nature of construction,
height and area and direction of
illumination measured in
footcandles of existing and proposed
lighting
X
X
X
69. Dedications for public parks,
playgrounds or other public uses
X
X
X
70. Location and use of all property
reserved by covenant in the deed for
the common use of all property
owners
X
X
X
71. Topography: Existing and proposed
two-foot contours including high
and low points on the property
X
72. The following items should be
indicated on the preliminary plat:
a. Street signs
b. Curbs and cutters
X
143 Attachment 5:7
BUTLER CODE
Please indicate in the LAST COLUMN
if the required information is
Complete, Incomplete, Not Applicable
or
Waiver Requested
Minor
Site
Plan
Minor
Subdiv
Prelim.
Site
Plan
Prelim.
Major
Subdiv
Final
Site
Plan
Final
Major
Subdiv
c. Sidewalks
d. Monuments
e. Dry sewer systems
f.
Storm drains
g. Street lights and lighting plan
h. Shade trees
i.
Fire alarm box, fire hydrants
j.
Water mains
73. Profile of existing and future
continuing street within 200 feet of
subdivision
X
74. Central angles of arcs and curves
along street lines
X
75. Percolation test results if individual
sewage disposal systems are
proposed
X
76. Plans; cross sections, centerline
profiles and grades of all proposed
streets. Minimum scale: 1 inch = 50
feet horizontal and 1 inch = 5 feet
vertical
X
77. Site grading plan showing existing
and proposed contours, spot
elevations, first floor elevations,
garage floor elevations, driveway
grades, house corner elevations, etc.
X
78. Plan for storm water management
including all details required in
§ 143-101B
X
79. For all property lines, accurate
distances, bearings, radii, arc lengths
and central angles of all curve
X
80. Location and description of all
monuments
X
81. As-built plans, cross-section and
profiles of all streets, utility systems
and appurtenant facilities
X
82. As-built grading plan within two-
foot contours
X
83. Final submissions (to be submitted
following approval of the final plat
by the Planning Board)
X
143 Attachment 5:8
LAND USE
Please indicate in the LAST COLUMN
if the required information is
Complete, Incomplete, Not Applicable
or
Waiver Requested
Minor
Site
Plan
Minor
Subdiv
Prelim.
Site
Plan
Prelim.
Major
Subdiv
Final
Site
Plan
Final
Major
Subdiv
a. The original, one cloth print and
one Mylar of the final plat for
the signatures of appropriate
borough officials
b. One cloth print, one Mylar and
15 prints of the final plat after it
has been filed with the Morris
County Clerk’s office
84. Ownership disclosure in accordance
with N.J.S.A. 40:55D-48.1
X
X
X
X
X
X
85. Separate application and fee filed
for any conditional use or variance
involved
X
X
X
X
X
86. Performance guarantee posted
X
An application for development shall not be considered complete until all the material and information specified above has been
submitted unless, upon receipt of a written request from the applicant, a specific requirement is waived by the municipal agency. The
request for waiver shall accompany the application and shall be granted or denied within 45 days of receipt of said request.
[ ] Application declared complete
Date
Authorized Signature
[ ] Application declared complete
Date ___________________
Authorized Signature
143 Attachment 5:9
LAND USE
143 Attachment 6
Borough of Butler
Checklist No. 2
Checklist for Determining Completeness of Variance or Appeal
Name of Applicant
Application No.
Block
Lot(s)
Date Filed
Please indicate in the LAST COLUMN if the required information is Complete, Incomplete,
Not Applicable or Waiver Requested.
1.
Completed application form (15) copies
2.
Filing fee (See Article VI)
3.
15 black or blue on white prints of all maps
4.
15 copies of all other documents
5.
1 copy of this checklist completed by the applicant
6.
All maps signed and sealed by appropriate New Jersey Licensed or registered
professional person
7.
Certification that applicant is owner or his authorized agent or his authorized agent or
that owner has given consent to file under an option agreement
8.
A proposed form of notice to be published in the newspaper and to adjoining land owners
in accordance with N.J.S.A. 40:55D-12. The notice shall state the lot and block numbers
of the property, the specific use or uses proposed, the variances being sought so far as
known, together with the number of the ordinances from which the variances are sought,
stating the time and place of hearing and the date after which the application
may be inspected and other approvals sought (e.g. site plan, conditional use, subdivision,
appeals, interpretations, etc
9.
List of names, address, lot and block numbers as appearing on the official tax records of
the Borough of Butler, of owners of property within 200’ of the subject premises and
municipal, county and State agencies upon whom notice must be served in the manner
provided by law (3 copies)
10. If application is an appeal from a decision of the construction official or zoning officer,
date of decision or order appealed from
11. If there has been a previous application involving the premises in question, the date of
filing, the nature of the request and the disposition made
12. Unless an application for subdivision or site plan is concurrently filed with the variance
or appeal application, a concept plan shall be submitted and shall show, where
applicable to the relief being sought, the following information:
a.
Key map (scale; not less than 1 inch = 400 feet) showing entire tract and its
relation to surrounding area including locations and names of principal roads
b.
Tract boundary line
c.
Existing and proposed property lines and other site lines
d.
Zone district(s) and identification of zone boundaries located on or adjoining the
property
e.
Total area of the tract in square feet and acres
143 Attachment 6:1
BUTLER CODE
f.
Total area of each lot in square feet and area of each lot located within the
maximum depth of measurement
g.
Table indicating all requirements applicable to the zone in accordance with the
Schedule D of Zoning Regulations with proposed dimensions, areas, setback, etc.
indicating variances requested
h.
All existing and proposed lot numbers
i.
Front, rear and side building setback lines as required by the zoning regulations
j.
All structures located on adjacent property
k.
All structures located on the tract with setback distances
l.
Right-of-way lines, widths, and names of all existing streets on and within 100 feet
of the property
m.
Location and widths of all other existing and proposed rights-of-way and
easement, the purpose of any easement and the text of any restrictions applicable
to same
n.
Location on and within 100 feet of the property of existing and proposed:
(a)
watercourses and other drainage courses
(b)
bridges
(c)
culverts and/or storm drains with sizes
(d) wooded areas
(e)
rock outcroppings
o.
Existing wells
p.
Existing septic systems
13. Certification from the Tax Collector that all taxes and assessments for local
improvements on the property have been paid through the most recent installment date
14. Copies of any existing or proposed protective or restrictive covenants and deed
restrictions
15. List of the specific sections of the Ordinance from which relief is sought and the specific
nature of the relief being sought on the specific nature of the appeal
16. A written statement establishing the basis for the appeal or relief and the justification for
said relief, addressing, as appropriate, special reasons and/or negative criteria as
provided in N.J.S.A. 40:55D-70
17. Ownership disclosure in accordance with N.J.S.A. 40:55D-48.1
An application for development shall not be considered complete until all the material and
information specified above has been submitted unless, upon receipt of a written request from
the applicant, a specific requirement is waived by the municipal agency. The request for waiver
shall accompany the application and shall be granted or denied within 45 days of receipt of said
request.
[ ] Application declared complete Date
Authorized Signature
[ ] Application declared complete
Date
Authorized Signature
143 Attachment 6:2
Chapter 145
§ 145-1.
Lead-Based Paint Inspections for Residential Rental Dwellings.
§ 145-2.
Requirement for Lead-Based Paint Inspection.
§ 145-3.
Exemptions from the Requirement for Lead Based Paint Inspections.
§ 145-4.
Reporting Requirements for Owners/Landlords and Contractors.
§ 145-5.
Violations and Penalties.
§ 146-6.
Fees.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section 145
of the Revised General Ordinances of 18-2024. Amendments noted where applicable.]
§ 145-1 Lead-Based Paint Inspections for Residential Rental Dwellings.
New Jersey law (P.L. 2021, c. 182) requires that a certified lead evaluation contractor
perform inspections of certain single-family, two-family, and multi-family residential
rental dwellings for lead-based paint hazards. The dwelling owners/landlords are
required by State law to have the inspection performed by either an inspector retained
by the Borough or by directly hiring a certified lead evaluation contractor for this
purpose. The fee for an inspection by a Borough retained inspector is set forth in
Chapter 152, Section 152-48.
§ 145-2 Requirement for Lead-Based Paint Inspection
A. All residential rental dwelling units required to be inspected under State law
must initially be inspected for lead-based paint upon tenant turnover, but the
first inspection must take place no later than July 22, 2024 in the event there
has been no tenant turnover before that date.
B. After the initial inspection, all units required to be inspected shall be inspected
for lead-based paint hazards every three years, or upon tenant turnover,
whichever is earlier. An inspection upon tenant turnover is not required if the
owner has a valid lead-safe certificate. Lead-safe certificates are valid for two
years. If the lead-safe certificate has expired, and there will be a tenant
turnover, an inspection will be necessary before the three-year inspection.
145:1
§ 145-3 BUTLER CODE § 145-5
§ 145-3 Exemptions from the Requirement for Lead Based Paint Inspections
All single-family, two-family, and multiple rental dwellings must be inspected except
for the following dwellings which are exempt:
A. Dwellings that were constructed during or after 1978.
B. Single-family and two-family seasonal rental dwellings which are rented for
less than six-months duration each year by tenants that do not have consecutive
lease renewals.
C. Dwellings that have been certified to be free of lead-based paint pursuant to
N.J.A.C. 5:17-3.16(b).
D. Multiple rental dwellings that have been registered with the Department of
Community Affairs for at least ten years and have no outstanding lead
violations from the most recent cyclical inspection performed on the multiple
dwelling under the “Hotel and Multiple Dwelling Law” (N.J.S.A. 55:13A-1).
E. Dwellings with a valid lead-safe certificate issued pursuant to P.L.2021, c.182.
Lead-safe certificates are valid for two years from the date of issuance.
§ 145-4 Reporting Requirements for Owners/Landlords and Contractors
A. Owners/Landlords of all dwellings subject to the inspection requirements
under this Chapter shall register their unit(s) with the Borough and provide the
Borough with up-to-date information on inspection schedules, inspection
results, and tenant turnover.
B. A copy of all lead-safe certifications issued for property located in the Borough
of Butler shall be provided to the Borough by the evaluation contractor.
C. An Owner/Landlord shall provide the Borough with a completed copy of the
Borough’s form titled Submission of Lead-Safe Certificate (ZON Form LBP-
1001) along with a copy of any lead-free certifications issued pursuant to
N.J.A.C. 5:17 for their unit(s)
§ 145-5 Violations and Penalties
A. A property owner/landlord within the Borough of Butler shall comply with the
requirements of P.L.2021, c.182 and this Chapter. If a Borough Official
determines that a property owner has failed to comply with the inspection
requirements of this Chapter, the property owner shall be given a thirty-day
notice to cure any violation by ordering the necessary inspection or by initiating
remediation. If the dwelling owner has not cured the violation within 30 days,
the owner shall be subject to a penalty not to exceed $1,000 per week until the
required inspection has been conducted or remediation efforts initiated.
B. Any other violation of the provisions of this Chapter shall be subject to a fine
of not less than $50 nor more than $500 for each offense.
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§ 145-6 BUTLER CODE § 145-6
§ 145-6 Fees
The fees for lead-based paint inspections in residential rental dwellings shall be:
A. The Borough of Butler’s New Jersey Certified Lead Evaluation Contractor
inspection - $600 per residential unit. In addition, if Lead Wipe Sample Analysis
is required by the State of New Jersey the fee per Wipe Sample Analysis is $50 for
each analysis.
B. NJ DCA Required Inspection Fee is $20.00 per inspection of each residential unit
C. The Landlord/Owner is allowed to directly hire a lead evaluation contractor to
perform the required inspections. The fee for such inspections, payable to the
Borough of Butler, is $30 per residential unit. In 2025 that fee will be $40 per
residential unit.
These fees include the NJ DCA Required Inspection Fee.
145:3
Chapter 150
LICENSING
§ 150-1.
Purpose.
§ 150-2.
Applications.
§ 150-3.
Investigation of applicants.
§ 150-4.
Contents of license.
§ 150-5.
Keeping of records.
§ 150-6.
Display of license.
§ 150-7.
Transferability.
§ 150-8. Expiration; renewal; proration.
§ 150-9. Revocation of licenses.
§ 150-10. Notice of hearing.
§ 150-11. Hearing; determination.
§ 150-12. Reinstatement of revoked license.
§ 150-13. Establishment of character of business; filing of bond.
§ 150-14. Bond forfeiture.
§ 150-15. Power to make rules and regulations.
§ 150-16. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section 4-1
of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 67. Dogs — See Ch. 108.
Amusements — See Ch. 69.
Pool and billiards — See Ch. 174.
Bingo and raffles — See Ch. 82.
Special sales — See Ch. 184.
Cats — See Ch. 93. Taxicabs — See Ch. 213.
§ 150-1. Purpose.
The purpose of this chapter is to provide a uniform set of procedures for administering the
issuance, renewal and revocation of all licenses issued by the Borough, except alcoholic
beverage licenses, dog licenses and taxicab licenses.
§ 150-2. Applications.
All applications for licenses shall be made to the Borough Clerk upon forms provided by him
and shall contain the following information:
A. Name and description and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent.
B. If the licensed activity is to be carried on at a fixed location, the address and description
of the premises.
C. If a vehicle is to be used, its description, including the license number.
D. If the applicant is employed by another, the name and address of the employer, together
with credentials establishing the exact relationship.
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§ 150-2 BUTLER CODE § 150-4
E. The days of the week and the hours of the day during which the licensed activity will be
conducted.
F. A description of the nature of the business and the goods, property or services to be sold
or supplied.
G. A statement as to whether the applicant has been convicted of any crime or the violation
of any municipal ordinance other than traffic offenses and, if so, the date and place of
conviction, the nature of the offense and the punishment or penalty imposed.
H. Appropriate evidence as to the good character and business responsibility of the applicant
so that an investigator may properly evaluate his character and responsibility.
I. The applicant shall be fingerprinted if the Chief of Police determines that fingerprints are
necessary for proper identification. Fingerprint records shall be immediately processed
for classification and identification.
J. Applications by partnerships will be signed by all partners with the information required
by this section supplied in detail as to each partner, and applications of corporations shall
have attached individual statements containing all of the information required by this
section relating to each employee or agent who shall engage in the licensed activity, and
shall be signed by each employee or agent.
§ 150-3. Investigation of applicants.
Each application shall be referred to the Chief of Police or a police officer designated by him,
who shall immediately institute whatever investigation of the applicant's business
responsibility, moral character and ability to properly conduct the licensed activity as he
considers necessary for the protection of the public. He shall communicate his findings in
writing to the Borough Clerk within a reasonable time after the application has been filed. If
the investigator decides that the applicant's character, ability or business responsibility is
unsatisfactory, or the products, services or activity are not free from fraud, he shall disapprove
the application, and the Clerk shall refuse to issue the license and shall so notify the applicant.
Otherwise, the Borough Clerk shall issue the license immediately, provided that the required
license fees have been paid, except in cases where approval of the Mayor and Council is
required. In the case of an application for a solicitor's, peddler's or canvasser's license, the
license may be issued immediately subject to the investigation.
§ 150-4. Contents of license.
Licenses shall be in a form which the Mayor and Council shall prescribe by resolution and
shall contain the following information:
A. The name and address of the licensee.
B. The number and type of the license and the nature of the licensed activity.
C. The address at which the licensed activity is conducted, if the activity is carried on at a
fixed location.
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§ 150-4 LICENSING § 150-9
D. If the licensed activity is conducted from a vehicle, the make, model and license number
of the vehicle.
E. The expiration date of the license.
F. Any other appropriate information which the Mayor and Council may, by resolution,
require.
§ 150-5. Keeping of records.
The Borough Clerk shall keep a record of all licenses issued under this chapter. The record
shall be in a form prescribed by resolution of the Mayor and Council and shall contain the
same information as is required by § 150-4 to be contained in the license. It shall also indicate
the amount of the fee paid for the licenses, the date upon which payment was received, the
date of the issuance of the license, whether the license is a new license or a renewal and any
other information which the Mayor and Council may, by resolution, require.
§ 150-6. Display of license.
When the licensed activity is conducted at a fixed location or from a vehicle, the license shall
be prominently displayed at the location or on the vehicle. In all other cases, the licensee shall
have the license in his possession at all times and shall display it upon the request of any
police officer or any person with whom he is doing business.
§ 150-7. Transferability.
Every license shall apply only to the person to whom it was issued and shall not be
transferable to another person. Licenses may be transferred from place to place in cases where
the licensed activity is conducted at a fixed location, but only with the approval, by resolution,
of the Mayor and Council.
§ 150-8. Expiration; renewal; proration.
A. Except where expressly provided otherwise, all licenses shall expire on December 31 of
the year of issue at 12:00 midnight local time. Applications for the renewal of licenses
shall be made not later than December 1 of the year of issue.
B. When an application for a license is made during the course of any calendar year, the fee
shall be prorated to the nearest month. Any period of time greater than 1/2 a month shall
be considered as a full month for this purpose.
§ 150-9. Revocation of licenses.
Any license or permit issued by the Borough may be revoked by the Mayor and Council after
notice and a hearing for any of the following causes:
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§ 150-9 BUTLER CODE § 150-13
A. Fraud or misrepresentation in any application for a permit or license.
B. Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
C.
A violation of any provision of this chapter.
D. Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or
disorderly person's offense involving moral turpitude.
E. Conduct of the licensed activity whether by the licensee himself or his agents or
employees in an unlawful manner or in a manner that constitutes a breach of the peace or
a menace to the public health, safety or general welfare.
F. Whenever a license has been issued immediately upon an application, pending the results
of the investigation provided for by this chapter, such license may be summarily revoked
if the result of the investigation is such as would have resulted in denial of the
application.
§ 150-10. Notice of hearing.
Notice of a hearing for the revocation of a license or permit shall be given in writing by the
Borough Clerk. The notice shall specifically set forth the grounds upon which the proposed
revocation is based and the time and place of the hearing. It shall be served by mailing a copy
to the licensee at his last known address by certified mail, return receipt requested, at least
five days prior to the date set for the hearing.
§ 150-11. Hearing; determination.
At the hearing the licensee shall have the right to appear and be heard, to be represented by an
attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to
have a permanent record made of the proceedings at his own expense. The Mayor and
Council shall revoke or suspend the license if they are satisfied by a preponderance of the
evidence that the licensee is guilty of the acts charged.
§ 150-12. Reinstatement of revoked license.
The Mayor and Council may issue another license to a person whose license has been revoked
or denied as provided in this chapter if, after hearing, they are satisfied by clear and
convincing evidence that the acts which led to the revocation or denial will not occur again;
otherwise, no person whose license has been revoked or denied, nor any person acting for
him, directly or indirectly, shall be issued another license to carry on the same activity.
§ 150-13. Establishment of character of business; filing of bond.
The licensing officer is directed to establish the character of any new business application by:
A. Eliciting a declaration of intention of all new businessmen as to whether they intend to
remain within the Borough temporarily or longer than a period of one year.
150:4
§ 150-13 LICENSING § 150-16
B. Requiring a filing of a bond in an amount equal to 25% of the value of the applicant's
stock, and in no event shall the bond be less than $1,000 in amount.
§ 150-14. Bond forfeiture.
A. The bond shall be declared forfeit upon conclusive proof of:
(1)
Falsification in application for a license.
(2)
Willful violation of an ordinance, state or federal law.
(3) Removal from the Borough within a year after opening the business premises
without payment of the license fee or fees required of itinerant and transient
vendors as established in § 218-3, Fee; license period, of Ch. 218, Transient
Merchants, of this code.
B. The bond of every merchant continuously conducting a vending business for more than
one year shall be surrendered, and no further license shall be required of him under this
chapter.
§ 150-15. Power to make rules and regulations.
The Mayor and Council may, by resolution, make rules and regulations which interpret or
amplify any provision of this chapter or for the purpose of administering the provisions of this
chapter or making them more effective. No regulation shall be inconsistent with or alter or
amend any provision of this chapter, and no regulations shall impose any requirement which
is in addition to or greater than the requirements that are expressly or by implication imposed
by any provision of this chapter.
§ 150-16. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89; 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
150:5
Chapter 153
LITTERING
§ 153-1. Definitions.
§ 153-2. Public places.
§ 153-3. Placement in receptacles; open burning.
§ 153-4.
Sweeping into gutters.
§ 153-5.
Duty of merchants.
§ 153-6.
Litter thrown by persons in vehicles.
§ 153-7. Truck loads causing litter.
§ 153-8. Parks.
§ 153-9. Lakes and fountains.
§ 153-10. Handbills.
§ 153-11. Newspapers.
§ 153-12. Posting of notices on lampposts and other structures.
§ 153-13. Occupied private property.
§ 153-14. Responsibility of owner.
§ 153-15. Vacant lots.
§ 153-16. Animal feces.
§ 153-17. Defense.
§ 153-18. Sanitary disposal.
§ 153-19. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section 3-3
of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Cats — See Ch. 93.
Parks and recreation areas — See Ch. 168.
Dogs — See Ch. 108.
§ 153-1. Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall
have the meanings given herein:
GARBAGE — Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
LITTER — Garbage, refuse and rubbish as defined herein, and all other waste material
which, if thrown, deposited or stored as herein prohibited, tends to create a danger to public
health, safety and welfare.
PRIVATE PREMISES — Any dwelling, house, building or other structure designed or used
either wholly or in part for private residential purposes, whether inhabited or temporarily or
continuously uninhabited or vacant, and shall include any yard, ground, walk, driveway,
porch, steps or vestibule belonging or appurtenant to such dwelling, house, building or other
structure.
PUBLIC PLACE — Any street, sidewalk, alley or other public ways and any and all public
parks, squares, spaces, grounds and buildings.
153:1
§ 153-1 BUTLER CODE § 153-5
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.
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.
§ 153-2. 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, or in official Borough dumps, provided that public receptacles shall not be used by
persons owning or occupying property in the vicinity of public receptacles for the deposit of
domestic, commercial and industrial litter arising from the conduct of such activities.
§ 153-3. Placement in receptacles; open burning.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in
such a manner as to prevent it from being carried or deposited by the elements upon any
street, sidewalk or other public place. No person shall burn in the open any rubbish or garbage
or refuse, including leaves, wood and building debris, except by special permit of the Fire
Department, obtained from the Borough Clerk. This shall not be construed to prohibit outdoor
cooking and the use of normal fuel therefor.
§ 153-4. Sweeping into gutters.
A. 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 the
sidewalk in front of their premises free of litter.
B. Nothing in this section shall be construed to prohibit the deposit of leaves in a neat and
careful manner in the gutter of any street when the Road Department is collecting same.
§ 153-5. Duty of merchants.
No person owning or occupying a place of business shall sweep into or deposit in any gutter,
street or 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 places of
153:2
§ 153-5 LITTERING § 153-10
business within the Borough shall keep the sidewalk and gutter in front of their business
premises free of litter.
§ 153-6. Litter thrown by persons in vehicles.
No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street
or other public place within the Borough.
§ 153-7. Truck loads causing litter.
No person shall drive or move any truck or other vehicle within the Borough unless such
vehicle is so constructed or loaded as to prevent any load or contents of litter from being
blown or deposited upon any street, alley or other public place. Nor shall any person drive or
move any vehicle or truck within the Borough the wheels or tires of which carry onto or
deposit in any street, alley or other public place mud, dirt, sticky substances or foreign matter
of any kind.
§ 153-8. Parks.
No person shall throw or deposit litter in any park within the Borough except in public
receptacles and in such a manner that the litter will be prevented 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 such litter shall be carried away from the park
by the person responsible for its presence and properly disposed of elsewhere.
§ 153-9. Lakes and fountains.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other
body of water in a park or elsewhere within the Borough.
§ 153-10. Handbills.
A. Throwing or distributing commercial handbills in public. No person shall throw or
deposit any commercial or noncommercial handbill in or upon any sidewalk, street or
other public place within the Borough. Nor shall any person hand out or distribute or sell
any commercial handbill in or upon any sidewalk, street or other public place within the
Borough, provided that it shall not be unlawful on any sidewalk, street or other public
place within the Borough for any person to hand out or distribute, without charge to the
receiver thereof, any noncommercial handbill to any person willing to accept it.
B. Placing commercial and noncommercial handbills on vehicles. No person shall throw or
deposit any commercial or noncommercial handbill in or upon any vehicle, provided that
it shall not be unlawful in any public place for a person to hand out or distribute without
charge to the receiver thereof a noncommercial handbill to any occupant of a vehicle
who is willing to accept it.
153:3
§ 153-10
BUTLER CODE
§ 153-11
C. Depositing commercial and noncommercial handbills on uninhabited or vacant premises.
No person shall throw or deposit any commercial or noncommercial handbill in or upon
any private premises which are temporarily or continuously uninhabited or vacant.
D. Prohibition of distribution of handbills where properly posted. No person shall throw,
deposit or distribute any commercial or noncommercial handbill upon any private
premises if requested by anyone thereon not to do so, or if there is placed on the
premises in a conspicuous position near the entrance thereof, a sign bearing the words:
"No Peddlers or Agents," "No Advertisement" or any similar notice, indicating in any
manner that the occupants of such premises do not desire to be molested or have their
right of privacy disturbed, or to have any such handbills left upon such premises.
E.
Distribution of commercial and noncommercial handbills at inhabited private premises.
No person shall throw, deposit or distribute any commercial or noncommercial handbill
in or upon private premises which are inhabited, except by handling or transmitting any
such handbill directly to the owner, occupant or other person then present in or upon
such private premises. In case of inhabited private premises which are not posted, as
provided in this section, such person, unless requested by anyone upon such premises not
to do so, shall have the authority to place or deposit any such handbill in or upon such
inhabited private premises, if such handbill is so placed or deposited as to secure or
prevent such handbill from being blown or drifted about such premises or sidewalks,
streets or other public places, and except that mailboxes may not be used when so
prohibited by federal postal law or regulations.
§ 153-11. Newspapers. [Added 12-18-1990 by Ord. No. 1990-301 ]
A. It shall be unlawful for any person to deliver or deposit or for any person, firm or
corporation to cause the delivery or deposit of any unsolicited newspapers, shoppers and
other like printed matter to or upon any private premises within the Borough of Butler
except in accordance with the terms hereof. For the purposes of this section, "unsolicited"
shall mean the printed matter referred to herein which has not been ordered, subscribed
to or requested by the recipient.
B. Such printed matter shall be placed only within a permanently installed appurtenance to
the premises designed and designated for the receipt of such printed matter or, if there is
none, on the ground or floor at a point beneath the place where such premises receives its
mail or within a three-foot radius of that point.
C. Excepted from the provisions of Subsection B hereof shall be such printed matter which
plainly bears upon it, either in the masthead or on the front page, the name and address
of a person responsible for its circulation to whom may be addressed a written notice by
any recipient indicating the recipient's desire to cease future delivery of the particular
item of printed matter.
D. There shall be no intentional delivery whatsoever of any such unsolicited printed matter
to premises after the owner or tenant of such premises has notified the publisher or the
delivery person or, in the case of printed matter referred to in Subsection C hereof, after
1. Editor's Note: This ordinance also repealed former § 153-11, Newspapers.
153:4
§ 153-11 LITTERING § 153-17
the owner or tenant of the premises has notified that person indicated in the printed
matter to be the person having authority to cease further delivery of the same, by
certified mail, return receipt requested, at the address so indicated, that such delivery
shall cease or be suspended for a stated period of time.
E. Any person, firm or corporation convicted of a violation of any provision of this section
shall be subject to a fine of not more than $100. Each delivery in violation of the terms
hereof shall be deemed a separate offense.
§ 153-12. Posting of notices on lampposts and other structures.
No person shall post or affix any notice, poster or other paper or device, calculated to attract
the attention of the public, to any lamppost, public utility pole or shade tree, or upon any
public structure or building, except as may be authorized by the owners thereof or required by
law.
§ 153-13. Occupied private property.
No person shall throw, deposit or store litter on any occupied private property within the
Borough, whether owned by such person or not, except that the owner or person in control of
private property may maintain authorized private receptacles for collection and removal of
same in such manner that same shall not be unsightly and detrimental to the surrounding
neighborhood.
§ 153-14. Responsibility of owner.
The owner or person in control of any private property shall at all times maintain the premises
free of litter. This section, however, shall not prohibit the storage of litter in authorized private
receptacles for collection.
§ 153-15. Vacant lots.
No person shall throw or deposit litter on any open or vacant private property within the
Borough, whether owned by such person or not.
§ 153-16. Animal feces. [Added 12-1-1980 by Ord. No. 80-23]
No person shall permit any animal owned or under his control to defecate upon any public
property and/or any street within the Borough of Butler or on any private property without the
expressed consent of the owner of said property.
§ 153-17. Defense. [Added 12-1-1980 by Ord. No. 80-23]
It shall be a defense for the violation of § 153-16 of this chapter that a person shall have
immediately removed such defecation and disposed of it in a sanitary manner.
153:5
§ 153-18 BUTLER CODE § 153-19
§ 153-18. Sanitary disposal. [Added 12-1-1980 by Ord. No. 80-23]
Disposal in a sanitary manner shall include taking the feces or dung home for disposal or
wrapping the feces and placing it in a trash can. It shall not include burial, dispersal (unless
such burial or dispersal is upon the property of the person doing the burying or dispersing),
placement in a storm sewer or placing unwrapped feces in a trash can.
§ 153-19. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89; 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
153:6
Chapter 155
(RESERVED)
[Former Ch. 155, Loitering, adopted as Section 3-1 of the Revised General Ordinances of
1976, as amended, was repealed 5-20-2008 by Ord. No. 2008-6.]
155:1
Chapter 156
(RESERVED)
[Former Ch. 156, MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENTS. HISTORY:
Adopted by the Mayor and Council of the Borough of Butler 6-19-2007 by Ord. No. 2007-8.
Repealed 6-18-2013 by Ord. No. 2013-5. See N.J.S.A. 45:11-78]
Chapter 158
NEWSRACKS
§ 158-1. Definitions.
§ 158-2. Intent and purpose.
§ 158-3. General prohibition.
§ 158-4. Only modular newsrack box assemblies (MNBA) permitted.
§ 158-5. Location of newsracks.
§ 158-6. Location and installation criteria.
§ 158-7. Request for locations.
§ 158-8. Selected locations.
§ 158-9. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 2-20-2007 by
Ord. No. 2007-5. Amendments noted where applicable.]
§ 158-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
MODULAR NEWSRACK BOX ASSEMBLY (MNBA) — A unit that has assembled
together two or more newsrack boxes in a housing that is supported by one or more pedestals.
The modular newsrack box assembly is then permanently attached to a sidewalk or concrete
pad by bolts or other such fasteners. Newspapers are distributed by placing such newspapers
in the various newsrack boxes by various newspaper vendors. Two or more newspaper
vendors may distribute newspapers from a modular newsrack box assembly.
NEWSPAPER VENDOR — Any person or other legal entity distributing publications by the
use of a newsrack box in the Borough of Butler.
NEWSRACK BOX or NEWSRACK — A rectangular cube-type box that has a windowed
door on its front for the purposes of viewing inside the cube-shaped box and also to gain
access to the box. Newspapers or other news periodicals are placed in the newsrack box for
the purposes of distribution. One gains access to the interior of the newsrack box by opening
the front widowed door. The newsrack box may be, but need not be, accessed by inserting
coined money to unlock the access door.
§ 158-2. Intent and purpose.
A. Findings.
(1) The uncontrolled placement of newsracks in public rights-of-way and semipublic
rights-of-way presents an inconvenience and danger to the safety and welfare of
persons using such rights-of-way, including pedestrians, persons entering and
leaving vehicles and buildings, and persons performing essential utility, traffic
control and emergency services.
158:1
§ 158-2
BUTLER CODE
§ 158-3
(2) Newsrack so located as to cause an inconvenience or danger to persons using
public rights-of-way and semipublic rights-of-way, and unsightly newsracks
located therein, constitute public nuisances.
(3) These factors constitute an unreasonable interference with and obstruction of the
use of public rights-of-way and semipublic rights-of-way, are injurious to health,
offensive to the senses, and constitute such an obstruction of the free use of
property as to interfere in the comfortable enjoyment of life and property by the
entire community.
(4) The Borough Council recognizes, however, that the use of such rights-of-way is so
historically associated with the sale and distribution of newspapers and
publications that access to the areas for such purposes should not be absolutely
denied. The Borough Council further finds that these strong and competing
interests require a reasonable accommodation which can only be satisfactorily
achieved through the means of this chapter which is designed to accommodate
such interests regulating the time, place and manner of using such newsracks.
B. Purpose. The provisions and prohibitions hereinafter continued and enacted are in
pursuance of securing and promoting the general welfare of persons in the Borough in
their use of public rights-of-way and semipublic rights-of-way through the regulation of
placement, appearance, number, size, and servicing of newsracks on such rights-of-way
so as to:
(1)
Provide for pedestrian and driving safety and convenience;
(2) Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic
including ingress to, or egress from, any place of business or from the street to the
sidewalk;
(3) Provide reasonable access for the use and maintenance of sidewalks, poles, traffic
signs and signals, hydrants, mailboxes, and similar appurtenances, and access to
locations used for public transportation purposes;
(4) Reduce visual blight on the public rights-of-way and semipublic rights-of-way,
protect the aesthetics and value of surrounding properties, and protect the quiet of
residential areas; and
(5) Reduce exposure of the Borough to personal injury or property damage claims and
litigation.
§ 158-3. General prohibition.
No person shall install, use or maintain any newsrack within the Borough of Butler except as
specifically provided in this chapter.
158:2
§ 158-4
NEWSRACKS
§ 158-4
§ 158-4. Only modular newsrack box assemblies (MNBA) permitted.
A. Only MNBA units shall be permitted to be installed on the public sidewalks, public
property, and on the exterior of any building on private property in the Borough of Butler
(hereafter "Butler") within the areas identified in Section 158.08(B). No other newsrack
boxes, MNBA units, or other such newspaper vending units shall be permitted to be
placed anywhere in Butler, except as is provided in this chapter.
B. The newspaper vendor shall be obligated to purchase at its expense its own newsrack
boxes and also to share in the cost of the purchase of the MNBA unit with other
newspaper vendors sharing the MNBA unit in question. In the event Butler purchases
either the newsrack box and/or the MNBA unit for and on behalf of a newspaper vendor
or vendors, such newspaper vendor or vendors shall reimburse Butler its out-of-pocket
expense for such purchases, wherein each vendor shall pay its proportionate share of
such out-of-pocket expenses. Butler shall not receive any additional money above and
beyond that which it expended for the newsrack boxes and/or the MNBA unit. Butler
prefers that the newspaper vendors purchase the newsrack boxes and the MNBA units.
C. Maintenance, repair, and service of each newsrack box and MNBA unit shall be the
obligation of the newspaper vendors respectively. In the event the Borough of Butler
expends any moneys for such, the Borough of Butler shall be reimbursed its expenditures
by the newspaper vendors who were obligated to make such expenditures. Prior to Butler
performing any maintenance, repairs or service to the newsrack boxes and/or MNBA
units, Butler will take reasonable steps and efforts to cause the responsible newspaper
vendors to perform such maintenance, repair and/or service.
D. The style, color, size, material, and design of the newsrack box and the MNBA unit, as
well as its location, shall be determined by Butler.
E. The installation locations of the MBNA units on the public property or public sidewalks
within Butler shall be selected by Butler as described in more detail herein. The
newspaper vendors shall be obligated to arrange for the installation work for each
MNBA unit installed on the public sidewalks or public property, at the newspaper
vendor's own expense.
F. The MNBA units can accommodate from two to six single newsrack boxes. There is no
limit on the reasonable number of MNBA units that can be located in the Borough of
Butler in compliance with this chapter.
G. There is no limit to the reasonable number of newsrack boxes that a particular newspaper
vendor can utilize, except that a newspaper vendor is permitted to have only one
newsrack box per MNBA unit whenever other newspaper vendors wish to utilize a
newsrack box in such MNBA unit. For the purposes of this chapter, a double newsrack
box is considered as one newsrack box.
H. There are no time restrictions as to when the public may access the newsracks to obtain
newspapers; that is, such access may occur 24 hours per day, seven days per week, since
the MNBA's are not located in the residential districts.
I. Any other type of individual freestanding newspaper vending machines, boxes,
newsracks, etc., whether coin-operated or otherwise, are prohibited in the Borough of
158:3
§ 158-4
BUTLER CODE
§ 158-6
Butler. Any such prohibited units existing after the adoption of this chapter shall be
removed by the particular owner of such unit no later than 90 days after the effective
date of this chapter or at an earlier date when such newspaper vendor has been afforded
the opportunity of replacement distribution by utilization of a newsrack box in an MNBA
unit or units from which to distribute newspapers in accordance with this chapter. The
failure of an owner to remove a prohibited unit after the expiration of the ninety-day
period will result in the Borough removing the unit. The Borough will store the unit and
give the owner of the unit notice that the unit has been removed and brought to storage.
The owner shall have a period of 10 days for to retrieve the unit and reimburse the
Borough for any expenses in connection with the removal and storage of the unit. In the
event the owner does not retrieve the unit and reimburse the Borough, the unit will be
disposed of by the Borough.
J.
After the adoption of this chapter, newspaper vendors shall take timely action to comply
with the terms of this chapter. A newspaper vendor may seek, in writing, an extension of
the ninety-day removal time limit, for just cause, stating the newspaper vendor's reasons
why such extension should be granted; provided that such newspaper vendor had taken
timely action to comply with this chapter and its reasons for noncompliance are due to
reasons other than the actions or inactions of the newspaper vendor requesting the
extension Butler will not unreasonably deny such requests for an extension.
§ 158-5. Location of newsracks.
A. A newspaper vendor desiring a general location for a newsrack box within a MNBA unit
shall submit such request in writing to Butler as required in this chapter. Butler shall
make available a location or locations to each newspaper vendor who requests a location
or locations. Butler will seek to identify a location as close as practicable to that which
had been requested by the newspaper vendor, taking into account the criteria of this
chapter. In the event the Borough of Butler is unable to grant the vendor's request for a
specific location, the Borough of Butler will identify its reasons for such a decision based
on the criteria of this chapter and in such event the Borough of Butler will identify an
alternative location or locations that is available to the applying newspaper vendor. In no
event shall the newspaper vendor be denied the right to distribute its papers. The
newspaper vendor's right to distribute shall not be abridged by Butler in that the Borough
of Butler shall make available a location or locations to each newspaper vendor who
requests a location or locations.
B. Butler, in its discretion, shall determine the specific location of each MNBA unit. The
determination of the place and manner of installation of such MNBA unit shall be made
by the Borough of Butler in its discretion wherein its discretion shall not be exercised
unreasonably, capriciously or arbitrarily, and shall be made in accordance with the
criteria of this chapter, as governed by federal and state law.
§ 158-6. Location and installation criteria.
The MNBA units located on public sidewalks, public property, and on the exterior of any
building on private property shall be installed in accordance with the following criteria:
158:4
§ 158-6
NEWSRACKS
§ 158-7
A. No MNBA unit shall be installed wherein it impedes the flow of pedestrian or vehicular
traffic.
B. No MNBA unit shall be installed wherein it endangers the public safety of persons or
property.
C. No MNBA unit shall be installed where it interferes with the ingress and egress from any
residence or place of business.
D. No MNBA unit shall be located wherein its location interferes with the use of traffic
signs, traffic signals, fire hydrants, utility poles, mailboxes, and other such police, fire,
and/or traffic control devices.
E. The content of the newspaper publication shall not be considered in determining the
manner of and place of location of the MNBA unit.
F. The newspaper vendor does not need a license, permit or other such approval to
distribute its newspaper in Butler.
G. The MNBA unit shall be placed in a location in keeping with the character and zoning in
Butler so as to minimize the visual appearance and clutter of newsracks, but not at the
expense of the newspaper vendor's First Amendment right to distribute its newspaper.
H. No MNBA unit shall be installed above or within a proximity to interfere with the use,
maintenance, and/or repair of any gas line, water line, sewer line or other such utility
line.
I. No MNBA unit shall be located so as to impede the lawful use of any buildings or access
thereto.
J.
No MNBA unit shall be located so as to interfere with the growth of any municipally
owned shade trees, plants, and shrubs existing in the right-of-way sidewalk area.
K. No MNBA unit shall be located to interfere with the use of municipally installed public
benches and seating.
§ 158-7. Request for locations.
A. A newspaper vendor seeking to distribute its newspapers in Butler, in accordance with
this chapter, shall make a request in writing to the Borough of Butler for a location or
locations within Butler.
B. The newspaper vendor is to identify the location by designating a corner of a particular
intersection and/or by reciting dimensions from some fixed identifiable structure or
object, and/or by some other method of identifying the location so as to clearly inform
Butler of the location requested.
C. Butler shall review the request and shall make the final determination as to the location
of the MNBA unit. Butler must take into account the requests of other newspaper
vendors, in an effort to coordinate the location of the MNBA units with the requests of
all newspaper vendors, in an effort to establish the necessary number of two or more
158:5
§ 158-7
BUTLER CODE
§ 158-8
newsrack boxes in MNBA units. In the event several newspaper vendors select a
particular intersection and/or location and identify different corners and/or locations.
Butler will consolidate those requests into the MNBA unit and identify the specific
location where the MNBA should be placed in accordance with the criteria in this
chapter.
D. Butler shall inform the newspaper vendor no later than 20 business days of receipt of its
request as to the location of the MNBA unit wherein such vendor may place its papers
for distribution from a newsrack box. In the event Butler selects an alternative location or
locations to the one requested by the vendor, Butler will recite its reasons as to why the
alternate location or locations in question had been selected.
E. A newspaper vendor is permitted to make as many requests as is reasonably necessary
for the distribution of its newspapers in the Borough of Butler. There is no limitation on
the reasonable number of requests or on the reasonable number of locations that a
particular newspaper vendor may utilize in accordance with this chapter.
F. At the adoption of this chapter, freestanding newsracks exist at various locations in the
Borough of Butler. In the event one or more of such locations are requested by
newspaper vendors who presently have a freestanding newsrack at such locations, such
newspaper vendor's request shall receive preference as to a newsrack box in an MNBA
unit at such location or the alternative to such location.
G. The earliest received location request shall have a preference over subsequent requests
for the same location or alternate to that location.
H. In the event the newspaper vendor disagrees with Butler's decision concerning its request
for a location or any other decision related to this chapter, such newspaper vendor may
request to Butler, in writing, a reconsideration of Butler's decision, stating its position
concerning its request for reconsideration. Butler shall respond to such requests for
reconsideration within 30 days of its receipt by Butler.
§ 158-8. Selected locations.
A. Butler has selected the general locations recited hereinbelow as locations for the MNBA
units to be installed in accordance with this chapter. The below listed locations are not
exhaustive or exclusive. Others may be added by the Borough of Butler on its own
and/or at the request of newspaper vendors by resolution without the need to amend this
chapter.
B. The following locations as shown on the plan entitled "Newsrack Vending Machine
Program Map" are permissible general locations for the installation of MNBA units,
wherein the specific location shall be determined by Butler in accordance with this
chapter:
(1) Harmon Lot on Boonton Avenue between the sidewalk and parking lot.
(2)
Main Street (southerly side) directly across from the intersection of Arch Street
and Main Street.
158:6
§ 158-8
NEWSRACKS
§ 158-9
(3)
Route 23 Southbound beside the Bus Stop Platform located in the Meadtown
parking lot.
§ 158-9. Violations and penalties.
A. Any person or entity who violates any provision of this chapter shall be notified in
writing of such violation and shall have 15 days from the date of the notice to correct the
violation.
B. Any person or entity who violates any provision of this chapter and continues such
violation for more than 15 days after having received the above notice shall, upon
conviction, be subject to a fine of not more than $250; each day may be considered a
separate offense.
158:7
Chapter 160
NOISE
§ 160-1. Definitions.
§ 160-2. Applicability.
§ 160-3. Exceptions.
§ 160-4. Enforcement Officers.
§ 160-5. Measurement Protocols.
§ 160-6. Maximum Permissible Levels.
§ 160-7. Sound Production Devices.
§ 160-8. Restricted Uses and Activities.
§ 160-9. Motor Vehicles.
§ 160-10. Enforcement.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section 3-2
of the Revised General Ordinances of 1976. Amended X-XX-XXXX by Ord. No. 2019-01.
Amendments noted where applicable.]
GENERAL REFERENCES
Motorized bicycles — See Ch. 79. Land use — See Ch. 143.
Dogs — See Ch. 108. Parks and recreation areas — See Ch. 168.
§ 160-1 Definitions
The following words and terms, when used in this ordinance, shall have the following meanings,
unless the context clearly indicates otherwise. Terms not defined in this ordinance have the same
meaning as those defined in N.J.A.C. 7:29.
"Construction" means any site preparation, assembly, erection, repair, alteration or similar
action of buildings or structures.
"dBC" means the sound level as measured using the "C" weighting network with a sound level
meter meeting the standards set forth in ANSI S1.4-1983 or its successors. The unit of reporting is
dB(C). The "C" weighting network is more sensitive to low frequencies than is the "A" weighting
network.
"Demolition" means any dismantling, destruction or removal of buildings, structures, or
roadways.
"Department" means the New Jersey Department of Environmental Protection.
"Emergency work" means any work or action necessary at the site of an emergency to restore
or deliver essential services including, but not limited to, repairing water, gas, electricity, telephone,
sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way,
dredging navigational waterways, or abating life-threatening conditions or a state of emergency
declared by a governing agency.
"Impulsive sound" means either a single pressure peak or a single burst (multiple pressure
peaks) that has a duration of less than one second.
160:1
§ 160-1
NOISE
§ 160-1
“Minor Violation” means a violation that is not the result of the purposeful, reckless or criminally
negligent conduct of the alleged violator; and/or the activity or condition constituting the violation has
not been the subject of an enforcement action by any authorized local, county or state enforcement
agency against the violator within the immediately preceding 12 months for the same or substantially
similar violation.
"Motor vehicle" means any vehicle that is propelled other than by human or animal power on
land.
"Muffler" means a properly functioning sound dissipative device or system for abating the
sound on engines or equipment where such device is part of the normal configuration of the equipment.
"Multi-dwelling unit building" means any building comprising two or more dwelling units,
including but not limited to, apartments, condominiums, co-ops, multiple family houses, townhouses,
and attached residences.
"Multi-use property" means any distinct parcel of land that is used for more than one category
of activity. Examples include, but are not limited to:
1.
A commercial, residential, industrial or public service property having boilers,
incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or
health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior
of the building, which may be a source of elevated sound levels at another category on the same distinct
parcel of land; or
2.
A building, which is both commercial (usually on the ground floor) and residential
property, located above, below or otherwise adjacent to.
"Noise Control Officer" (NCO) means an employee of a local, county or regional health agency
which is certified pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.) to
perform noise enforcement activities or an employee of a municipality with a Department-approved
model noise control ordinance. All NCOs must receive noise enforcement training as specified by the
Department in N.J.A.C. 7:29 and is currently certified in noise enforcement. The employee must be
acting within his or her designated jurisdiction and must be authorized to issue a summons.
“Noise Control Investigator” (NCI) means an employee of a municipality, county or regional
health commission that has a Department-approved model noise control ordinance and the employee
has not received noise enforcement training as specified by the Department in N.J.A.C. 7:29. However,
they are knowledgeable about their model noise ordinance and enforcement procedures. A Noise
Control Investigator may only enforce sections of the ordinance that do not require the use of a sound
level meter. The employee must be acting within his or her designated jurisdiction and must be
authorized to issue a summons.
"Plainly audible" means any sound that can be detected by a NCO or an NCI using his or her
unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a
portable or vehicular sound amplification or reproduction device, the detection of the rhythmic bass
component of the music is sufficient to verify plainly audible sound. The NCO or NCI need not
determine the title, specific words, or the artist performing the song.
160:2
§ 160-1 NOISE § 160-1
"Private right-of-way" means any street, avenue, boulevard, road, highway, sidewalk, alley or
easement that is owned, leased, or controlled by a non-governmental entity.
"Public right-of-way" means any street, avenue, boulevard, road, highway, sidewalk, alley or
easement that is owned, leased, or controlled by a governmental entity.
"Public space" means any real property or structures thereon that are owned, leased, or
controlled by a governmental entity.
"Real property line" means either (a) the vertical boundary that separates one parcel of property
(i.e., lot and block) from another residential or commercial property; (b) the vertical and horizontal
boundaries of a dwelling unit that is part of a multi-dwelling unit building; or (c) on a multi-use property
as defined herein, the vertical or horizontal boundaries between the two portions of the property on
which different categories of activity are being performed (e.g., if the multi-use property is a building
which is residential upstairs and commercial downstairs, then the real property line would be the
interface between the residential area and the commercial area, or if there is an outdoor sound source
such as an HVAC unit on the same parcel of property, the boundary line is the exterior wall of the
receiving unit). Note- this definition shall not apply to a commercial source and a commercial receptor
which are both located on the same parcel of property (e.g., a strip mall).
“Sound production device” means any device whose primary function is the production of
sound, including, but not limited to any, musical instrument, loudspeaker, radio, television, digital or
analog music player, public address system or sound-amplifying equipment.
“Sound reduction device” means any device, such as a muffler, baffle, shroud, jacket, enclosure,
isolator, or dampener provided by the manufacturer with the equipment, or that is otherwise required,
that mitigates the sound emissions of the equipment.
"Weekday" means any day that is not a federal holiday, and beginning on Monday at 7:00 a.m.
and ending on the following Friday at 6:00 p.m.
"Weekends" means beginning on Friday at 6:00 p.m. and ending on the following Monday at
7:00 a.m.
160:3
§ 160-2 NOISE § 160-3
§ 160-2 Applicability
(A)
This noise ordinance applies to sound from the following property categories:
1. Industrial facilities;
2. Commercial facilities;
3. Public service facilities;
4. Community service facilities;
5. Residential properties;
6. Multi-use properties;
7. Public and private right-of-ways;
8. Public spaces; and
9. Multi-dwelling unit buildings.
(B)
This noise ordinance applies to sound received at the following property categories:
1. Commercial facilities;
2. Public service facilities;
3. Community service facilities (i.e. non-profits and/or religious facilities)
4. Residential properties;
5. Multi-use properties;
6. Multi-dwelling unit buildings.
I
Sound from stationary emergency signaling devices shall be regulated in accordance
with N.J.A.C. 7:29-1.4, except that the testing of the electromechanical functioning of a stationary
emergency signaling device shall not meet or exceed 10 seconds.
§ 160-3 Exemption
(A)
Except as provided in Sections 160- 8 and 9 below, the provisions of this ordinance
shall not apply to the exceptions listed at N.J.A.C. 7:29-1.5.
(B)
Sound production devices required or sanctioned under the Americans with Disabilities
Act (ADA), FEMA or other government agencies to the extent that they comply with the noise
requirement of the enabling legislation or regulation. Devices which are exempted under N.J.A.C. 7:29-
1.5 shall continue to be exempted.
I
Construction and demolition activities are exempt from the sound level limits set forth
in tables I and II and III except as provided for in. Section 160-8 below.
160:4
§ 160-4
NOISE § 160-6
§ 160-4 Enforcement Officers
(A)
Noise Control Officers shall have the authority within their designated jurisdiction to
investigate suspected violations of any section of this ordinance and pursue enforcement activities.
(B)
Noise Control Investigators shall have the authority within their designated jurisdiction
to investigate suspected violations of any section of this ordinance that do not require the use of a sound
level meter (i.e., plainly audible, times of day and/or distance determinations) and pursue enforcement
activities.
(C)
Noise Control Officers and Investigators may cooperate with NCOs and NCIs of an
adjacent municipality in enforcing one another’s municipal noise ordinances.
§160-5 Measurement Protocols
(A)
Sound measurements made by a Noise Control Officer shall conform to the procedures
set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the
procedures set forth in Section 160-5 (B) of this ordinance and with the definition of "real property line"
as contained herein.
(B)
When conducting indoor sound level measurements across a real property line the
measurements shall be taken at least three feet from any wall, floor or ceiling and all exterior doors and
windows may, at the discretion of the investigator, be closed. The neighborhood residual sound level
shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound level, the
configuration of the windows and doors shall be the same and all sound sources within the dwelling
unit must be shut off (e.g., television, stereo). Measurements shall not be taken in areas which receive
only casual use such as hallways, closets and bathrooms.
§160-6 Maximum Permissible Sound Levels
(A)
No person shall cause, suffer, allow, or permit the operation of any source of sound on
any source property listed in. 160-2 (A) above in such a manner as to create a sound level that equals or
exceeds the sound level limits set forth in Tables I, II or III when measured at or within the real property
line of any of the receiving properties listed in Tables I, II or III except as specified in 160-5 B.
(B)
Impulsive Sound
Between 7:00 a.m. and 10:00 p.m., impulsive sound shall not equal or exceed 80 decibels.
Between 10:00 p.m. and 7:00 a.m., impulsive sound which occurs less than four times in any hour shall
not equal or exceed 80 decibels. Impulsive sound which repeats four or more times in any hour shall be
measured as continuous sound and shall meet the requirements as shown in Tables I and II.
160:5
§ 160-6 NOISE § 160-6
TABLE I
MAXIMUM PERMISSIBLE A-WEIGHTED SOUND LEVELS
WHEN MEASURED OUTDOORS
RECEIVING
PROPERTY
CATEGORY
Residential property, or residential
portion of a multi-use property
Commercial facility, public service facility,
non-residential portion of a multi-use
property, or community service facility
TIME
7 a.m.-10 p.m.
10 p.m.-7 a.m.
24 hours
Maximum A-
Weighted sound
level standard, dB
65
50
65
160:6
§ 160-6 NOISE § 160-6
TABLE II
MAXIMUM PERMISSIBLE A-WEIGHTED SOUND LEVELS
WHEN MEASURED INDOORS
RECEIVING
PROPERTY
CATEGORY
Residential property, or residential
portion of a multi-use property
Commercial facility, public service facility,
non-residential portion of a multi-use
property, or community service facility
TIME
7 a.m.-10 p.m.
10 p.m.-7 a.m.
24 hours
Maximum A-
Weighted sound
level standard, dB
55
40
55
Note: Table II shall only apply when the source and the receptor are separated by a real property
line and they also share a common or abutting wall, floor or ceiling, or are on the same parcel of
property.
160:7
§ 160-6 NOISE § 160-7
TABLE III
MAXIMUM PERMISSIBLE OCTAVE BAND
SOUND PRESSURE LEVELS IN DECIBELS
Receiving
Property
Category
Residential property, or
residential portion of a
multi-use property
OUTDOORS
Residential property, or
residential portion of a
multi-use property
INDOORS
Commercial facility, public
service facility, non-
residential portion of a
multi-use property, or
community service facility
OUTDOORS
Commercial facility
or non-residential
portion of a multi-
use property
INDOORS
Octave
Band Center
Frequency,
Hz.
Octave Band
Sound Pressure Level,
dB
Octave Band
Sound Pressure Level,
dB
Octave Band
Sound Pressure Level,
dB
Octave Band
Sound Pressure
Level,
dB
Time
7a.m.-
10p.m.
10p.m.-
7a.m.
7a.m.-
10p.m.
10p.m.-
7a.m.
24 hours
24 hours
31.5
96
86
86
76
96
86
63
82
71
72
61
82
72
Note: When octave measurements are made, the sound from the source must be constant in level and
character. If octave band sound pressure level variations exceed plus or minus 2 dB in the bands
containing the principal source frequencies, discontinue the measurement.
§160-7 Sound Production Devices
No person shall cause, suffer, allow, or permit the operation of any sound production device in
such a manner that the sound crosses a property line and raises the total sound levels above the
neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV
when measured within the residence of a complainant according to the measurement protocol in 160-5
(B) of this ordinance. These sound level measurements shall be conducted with the sound level meter
set for "C" weighting, "fast" response.
160:8
125
74
61
64
51
74
64
250
67
53
57
43
67
57
500
63
48
53
38
63
53
1,000
60
45
50
35
60
50
2,000
57
42
47
32
57
47
4,000
55
40
45
30
55
45
8,000
53
38
43
28
53
43
§ 160-7 NOISE § 160-8
TABLE IV
MAXIMUM PERMISSIBLE INCREASE IN TOTAL SOUND LEVELS
WITHIN A RESIDENTIAL PROPERTY
Week Nights
10:00 p.m. – 7: a.m.
Weekend nights
11:00 p.m. and 9:00 a.m.
All other times
3 dB(C)
6 dB(c)
§160-8 Restricted Uses and Activities
The following standards shall apply to the activities or sources of sound set forth below:
A.
Excluding emergency work, power tools, home maintenance tools, landscaping and/or
yard maintenance equipment used by a residential property owner or tenant shall not be operated
between the hours of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable limits set
forth in Tables I, II or III. At all other times the limits set forth in Tables I, II or III do not apply. All
motorized equipment used in these activities shall be operated with a muffler and/or sound reduction
device.
B.
Excluding emergency work, power tools, landscaping and/or yard maintenance
equipment used by nonresidential operators (e.g. commercial operators, public employees) shall not be
operated on a residential, commercial, industrial or public (e.g. golf course, parks, athletic
fields) property between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between the hours of
6:00 p.m. and 9:00 a.m. on weekends or federal holidays, unless such activities can meet the limits set
forth in Tables I, II or III. At all other times the limits set forth in Tables I, II or III do not apply. All
motorized equipment used in these activities shall be operated with a muffler and/or sound reduction
device.
160:9
§ 160-8 NOISE § 160-9
C.
All construction and demolition activity, excluding emergency work, shall not be
performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00
p.m. and 9:00 a.m. on weekends and federal holidays, unless such activities can meet the limits set forth
in Tables I, II or III. At all other times the limits set forth in Tables I, II or III do not apply. All motorized
equipment used in construction and demolition activity shall be operated with a muffler and/or sound
reduction device.
D.
Motorized snow removal equipment shall be operated with a muffler and/or a sound
reduction device when being used for snow removal. At all other times the limits set forth in Tables I,
II or III do not apply.
E.
All interior and exterior burglar alarms of a building or motor vehicle must be activated
in such a manner that the burglar alarm terminates its operation within five (5) minutes for continuous
airborne sound and fifteen (15) minutes for intermittent sound after it has been activated. At all other
times the limits set forth in Tables I, II or III do not apply.
F.
Self-contained, portable, non-vehicular music or sound production devices shall not be
operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance
of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between
the hours of 10:00 p.m. and 8:00 a.m., sound, operated on a public space or public right-of-way, from
such equipment shall not be plainly audible at a distance of 25 feet in any direction from the operator;
G.
It shall be unlawful for any property owner or tenant to allow any domesticated or caged
animal to create a sound across a real property line which unreasonably disturbs or interferes with the
peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the unreasonable
noise when ordered to do so by a Noise Control Officer or Noise Control
Investigator. Prima facie evidence of a violation of this section shall include but not be limited to:
(1)
Vocalizing (howling, yelping, barking, squawking etc.) for five (5) minutes without
interruption, defined as an average of four or more vocalizations per minute in that period; or,
(2)
Vocalizing for twenty (20) minutes intermittently, defined as an average of two
vocalizations or more per minute in that period.
It is an affirmative defense under this subsection that the dog or other animal was intentionally
provoked to bark or make any other noise.
§160-9 Motor Vehicles
Violations of each paragraph of this section shall be considered purposeful and therefore non-
minor violations.
(A)
No person shall remove or render inoperative, or cause to be removed or rendered
inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair,
or replacement, of any device or element of design incorporated in any motor vehicle for the purpose
of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A
vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated
stationary or in motion in any public space or public right-of-way.
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§ 160-9 NOISE § 160-10
(B)
No motorcycle shall be operated stationary or in motion unless it has a muffler that
complies with and is labeled in accordance with the Federal Noise Regulations under 40 CFR Part 205.
(C)
Personal or commercial vehicular music amplification or reproduction equipment shall
not be operated in such a manner that it is plainly audible at distance of 25 feet in any direction from
the operator between the hours of 10:00 p.m. and 8:00 a.m.
(D)
Personal or commercial vehicular music amplification or reproduction equipment shall
not be operated in such a manner that is plainly audible at a distance of 50 feet in any direction from the
operator between the hours of 8:00 a.m. and 10:00 p.m.
§160-10 Enforcement
(A)
Violation of any provision of this ordinance shall be cause for a Notice of Violation
(NOV) or a Notice of Penalty Assessment (NOPA) document to be issued to the violator by the Noise
Control Officer or Noise Control Investigator.
(B)
Any person who violates any provision of this ordinance shall be subject to a civil
penalty for each offense of not more than the maximum penalty pursuant to N.J.S.A. 40:49-5, which is
$2,000 as of December 2014. If the violation is of a continuing nature, each day during which it occurs
shall constitute an additional, separate, and distinct offense.
(C)
Upon identification of a violation of this Ordinance the Noise Control Officer or Noise
Control Investigator shall issue an enforcement document to the violator. The enforcement
document shall identify the condition or activity that constitutes the violation and the specific provision
of this Ordinance that has been violated. It shall also indicate whether the violator has a period of time
to correct the violation before a penalty is sought.
(D)
If the violation is deemed by the Noise Control Officer or Noise Control Investigator
to be a minor violation (as defined in Section 160-1 of this ordinance) a NOV shall be issued to the
violator.
1.
The document shall indicate that the purpose of the NOV is intended to serve as a notice
to warn the responsible party/violator of the violation conditions in order to provide them with an
opportunity to voluntarily investigate the matter and voluntarily take corrective action to address the
identified violation.
2.
The NOV shall identify the time period (up to 90 days), pursuant to the Grace Period
Law, N.J.S.A. 13:1D-125 et seq. where the responsible party’s/violator’s voluntary action can prevent
a formal enforcement action with penalties issued by the Health Department. It shall be noted that the
NOV does not constitute a formal enforcement action, a final agency action or a final legal
determination that a violation has occurred. Therefore, the NOV may not be appealed or contested.
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§ 160-10
NOISE § 160-10
(E)
If the violation is deemed by the Noise Control Officer or Noise Control Investigator
to be a non-minor violation, the violator shall be notified that if the violation is not immediately
corrected, a NOPA with a civil penalty of not more than the maximum penalty allowed pursuant to
N.J.S.A. 40:49-5, which is $2,000 as of December 2014, will be issued. If a non-minor violation is
immediately corrected, a NOV without a civil penalty shall still be issued to document the violation. If
the violation occurs again (within 12 months of the initial violation) a NOPA shall be issued regardless
of whether the violation is immediately corrected or not.
(F)
The violator may request from the Noise Control Officer or Noise Control Investigator,
an extension of the compliance deadline in the enforcement action. The Noise Control Officer or Noise
Control Investigator shall have the option to approve any reasonable request for an extension (not to
exceed 180 days) if the violator can demonstrate that a good faith effort has been made to achieve
compliance. If an extension is not granted and the violation continues to exist after the grace period
ends, a NOPA shall be issued.
(G)
The recipient of a NOPA shall be entitled to a hearing in a municipal court having
jurisdiction to contest such action.
(H)
The Noise Control Officer or Noise Control Investigator may seek injunctive relief if
the responsible party does not remediate the violation within the period of time specified in the NOPA
issued.
(I)
Any claim for a civil penalty may be compromised and settled based on the following
factors:
1.
Mitigating or any other extenuating circumstances;
2.
The timely implementation by the violator of measures which lead to compliance;
3.
The conduct of the violator; and
4.
The compliance history of the violator.
1. Editor's Note: See Part 6, Zoning, of Ch. 143, Land Use.
160:12
Chapter 165
OUTDOOR MARKETS
§ 165-1. Definitions.
§ 165-2. License required.
§ 165-3. Applications for licenses.
§ 165-4. Proprietor licensing and responsibility.
§ 165-5. Display of license.
§ 165-6. Hours of operation.
§ 165-7. Limitation to public right-of-way.
§ 165-8. Cancellation of events.
§ 165-9. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 8-20-2002 by
Ord. No. 2002-38. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 150.
§ 165-1. Definitions.
As used in this chapter, the following terms shall have the following meanings indicated:
BOROUGH — The Borough of Butler.
MARKET — A place where goods are sold to the public.
OUTDOOR MARKET — A market, out of doors, where new or used items are sold from
individual locations, with each location being operated independently from the other locations.
Items sold include but are not limited to sale of food and beverages, household items,
antiques, rare items, decorations, clothing, used books and magazines.
PROPRIETOR — Any person, persons, firms, association, partnership, corporation or any
other entity which operates an outdoor market as defined herein.
§ 165-2. License required.
No proprietor shall operate an outdoor market without having first obtained a license.
§ 165-3. Applications for licenses.
Application for a license hereunder shall be filed in writing with the form to be provided by
the Municipal Clerk. The application shall specify:
A. The name, address and telephone number of the applicant, and if a firm, corporation,
partnership or association, the principal officers, the registered agent's name and address
and owners of an interest in excess of 10% and their addresses;
165:1
§ 165-3
BUTLER CODE
§ 165-8
B. A general description of the type of merchandise being offered for sale by the proprietor;
and
C. The date, time and place of the proposed sale of the merchandise.
§ 165-4. Proprietor licensing and responsibility.
A. The proprietor of any event shall apply to the municipality for authorization to conduct
an outdoor market. The fee for each license shall be $250.
B. Insurance. As a condition precedent to obtaining a license, the proprietor shall, at no
expense to the municipality, secure and maintain during the full term of the license
general comprehensive liability insurance issued by one or more companies authorized to
do business in the state, which insurance shall fully protect the Borough from any and all
claims and risks in connection with the operation of an outdoor market and provide at a
minimum $1,000,000 per person, per occurrence. The policy must specifically name the
Borough of Butler as an additional insured party, and shall contain substantially the
following language:
"The coverage provided by this policy to the Borough of Butler shall not be terminated,
reduced, or otherwise changed in any respect without providing at least 30 days' prior
written notice to the Borough."
C. The proprietor shall, as a condition precedent to obtaining a proprietor's license, enter
into an agreement with the Mayor and governing body detailing the mutual obligations
and responsibilities of the respective parties.
§ 165-5. Display of license.
The license issued shall be prominently displayed by the proprietor at his location for the sale
of tangible personal property at all times during the conduct of any such sale.
§ 165-6. Hours of operation.
Outdoor market hours shall be as designated in the license.
§ 165-7. Limitation to public right-of-way.
There shall be a limitation to the public right-of-way or other designated area as the Mayor
and Council shall direct by a duly adopted resolution of approval.
§ 165-8. Cancellation of events.
The Borough Administrator or his designee or the proprietor of the outdoor market shall have
the authority to affect closure of said outdoor market.
165:2
§ 165-9 OUTDOOR MARKETS § 165-9
§ 165-9. Violations and penalties. [Amended 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
165:3
07-01-2008
Chapter 168
PARKS AND RECREATION AREAS
§ 168-1. Rules and regulations.
§ 168-2. Permits for special events.
§ 168-3. Enforcement.
§ 168-4. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section 3-8
of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Recreation Commissioners — See Ch. 44.
Explosives — See Ch. 117.
Alcoholic beverages — See Ch. 67.
Land use — See Ch. 143.
Motorized bicycles — See Ch. 79.
Littering — See Ch. 153.
Cats — See Ch. 93.
Noise — See Ch. 160.
Dogs — See Ch. 108.
§ 168-1. Rules and regulations.
A. Restrictions. No person in public parks or recreation areas shall:
(1) Willfully mark, deface, disfigure, injure, tamper with or displace or remove any
building, bridges, tables, benches, fireplaces, railings, paving or paving material,
waterlines or other public utilities or parts or appurtenances thereof, signs, notices
or placards, whether temporary or permanent, monuments, stakes, posts or other
boundary markers, or other structures or equipment, facilities or park property or
appurtenances whatsoever, either real or personal.
(2) Fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary
condition. No person over the age of six years shall use the rest rooms and
washrooms designated for the opposite sex.
(3) Dig or remove any beach sand, whether submerged or not, or any soil, rock,
stones, trees, shrubs or plants, down-timber or other wood or materials, or make
any excavation by tool, equipment, blasting or other means or agency.
(4) Construct or erect any building or structure of whatever kind, whether permanent
or temporary in character, or run or string any public service utility into, upon or
across such lands, except on special written permit issued hereunder.
(5) Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or
pick the flowers or seeds, of any tree or plant. Nor shall any person attach any
rope, wire or other contrivance to any tree or plant. A person shall not dig in or
otherwise disturb grass areas, or in any other way injure or impair the natural
beauty or usefulness of any area.
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BUTLER CODE
§ 168-1
(6) Climb any tree or walk, stand or sit upon monuments, vases, fountains, railings,
fences or upon any other property not designated or customarily used for such
purposes.
(7)
Tie or hitch an animal to any tree or plant.
(8) Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any
animal, reptile or bird; nor shall be remove or have in his possession the young of
any wild animal or the eggs or nest or young of any reptile or bird; nor shall be
collect, remove, have in his possession, give away, sell or offer to sell or buy or
offer to buy or accept as a gift any specimen, alive or dead, of any of the group of
tree snails. [Amended 2-14-1989 by Ord. No. 8-89]
(9) Throw, discharge or otherwise place or cause to be placed in the waters of any
fountain, pond, lake, stream, bay or other body of water in or adjacent to any park
or any tributary, stream, storm sewer, or drain flowing into such water, any
substance, matter or thing liquid or solid, which shall or may result in the pollution
of the waters.
(10) Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes,
paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. No such
refuse or trash shall be placed in any waters in or contiguous to any park, or left
anywhere on the grounds thereof, but shall be placed in the proper receptacles
where these are provided. Where receptacles are not so provided, all such rubbish
or waste shall be carried away from the park by the person responsible for its
presence, and properly disposed of elsewhere.
(11) Drive any vehicle on any area except the paved park roads or parking areas, or
such other areas as may on occasion be specifically designated as temporary
parking areas by the Recreation Commission.
(12) Park a vehicle in other than an established or designated parking area, and such use
shall be in accordance with the posted directions thereat and with the instructions
of any attendant who may be present.
(13) Leave a vehicle standing or parked at night in established parking areas or
elsewhere in park areas.
B. Recreation areas. In areas of parks and public lands designated as recreation areas, no
person shall:
(1) Hunt, trap or pursue wildlife at any time. No person shall use, carry or possess
firearms of any description, or air-rifles, spring-guns, bow-and-arrows, slings or
any other forms of weapons potentially inimical to wildlife and dangerous to
human safety, or any instrument that can be loaded with and fire blank cartridges,
or any kind of trapping device. Shooting into park areas from beyond park
boundaries shall be forbidden.
(2) Picnic or lunch in a place other than those designated for that purpose. Attendants
shall have the authority to regulate the activities in such areas when necessary to
prevent congestion and to secure the maximum use for the comfort and
168:2
§ 168-1
PARKS AND RECREATION AREAS
§ 168-1
convenience of all. Visitors shall comply with any directions given to achieve this
end.
(3) Violate the regulation that use of tables and benches follows generally the rule of
first come, first served.
(4) Use any portion of the picnic areas or of any of the buildings or structures therein
for the purpose of holding picnics to the exclusion of other persons, nor shall any
person use such area and facilities for an unreasonable time if the facilities are
crowded.
(5) Leave a picnic area before a 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.
(6) Set up tents, shacks or any other temporary shelter for the purpose of overnight
camping, nor shall any person leave in a park after closing hours any movable
structure or special vehicle to be used or that could be used for such purpose, such
as a house trailer, camp trailer, camp wagon, or the like.
(7) Take a part in or abet the playing of any games involving thrown or otherwise
propelled objects such as balls, stones, arrows, javelins or model airplanes, except
in areas set apart for such forms of recreation. The playing of rough or
comparatively dangerous games such as football, baseball and quoits is prohibited
except on the fields and courts or areas provided therefor. Roller skating shall be
confined to those areas specifically designated for such pastime.
C. Rules of conduct. While in a public park or recreation area, all persons shall conduct
themselves in a proper and orderly manner, and, in particular, no person shall:
(1) Bring alcoholic beverages, drink the same at any time nor shall any person be
under the influence of intoxicating liquor in a park or recreation area, provided,
however, permission to serve and consume alcoholic beverages at group functions
held on or in the public park, or recreation areas may be permitted upon specific
request and at the discretion of the recreation commission. Such specific request
shall be made in writing to the Recreation Commission and, if approved, a special
permit shall be issued to the applicant specifying the date and time which the
permit will cover.
(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 of
inflammable material, or discharge them or throw them into any such areas from
land or highway adjacent thereto. This prohibition includes any substance,
compound, mixture or article that in conjunction with any other substance or
compound would be dangerous from any of the foregoing standpoints. At the
discretion of the recreation commission, permits may be given for conducting
properly supervised fireworks in designated areas.
168:3
§ 168-1
BUTLER CODE
§ 168-1
(3) Be responsible for the entry of a dog or other domestic animal into areas other than
automobile parking concourses and walks immediately adjacent thereto, and in
such other areas as may be clearly marked by signs bearing the words "Domestic
Animals Permitted In This Area." Nothing herein shall be construed as permitting
the running of dogs at large. All dogs in those areas where such animals are
permitted shall be restrained at all times on adequate leashes not greater than six
feet in length.
(4) Occupy any seat or bench, or enter into or loiter or remain in any pavilion or other
park structure or section thereof which may be reserved and designated by the
Recreation Commission for the use of the opposite sex. Exception is made for
children under six years of age.
(5)
Appear at any place in other than proper clothing.
(6)
Solicit alms or contributions for any purpose, whether public or private.
(7) Build or attempt to build a fire except in those specifically designated areas, using
the proper facilities that are provided.
(8) 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.
(9)
Gamble, or participate in or abet any game of chance.
(10) Go onto the ice on any of the waters, except such areas as are designated as
skating fields and provided a safety signal is displayed.
(11) 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.
(12) Fail to produce and exhibit any permit from the Recreation Commission he claims
to have upon request of any authorized person who shall desire to inspect the same
for the purpose of enforcing compliance with any ordinance or rule.
(13) Disturb or interfere unreasonably with any person or party occupying any area, or
participating in any activity, under the authority of a permit.
(14) 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 recreation commission.
(15) 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.
(16) Smoke tobacco products in any and all municipal operated recreation areas to
include, but not be limited to, playgrounds, parks, ballfields, and public
recreational swimming areas leased or owned by the Borough of Butler. [Added
12-19-2006 by Ord. No. 2006-29]
168:4
§ 168-1
PARKS AND RECREATION AREAS
§ 168-1
D. Bicycles. No person in a public park or recreation area shall:
(1) Ride a bicycle on other than a paved vehicular road or path designated for that
purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over
any grassy area or wooded trail or on any paved area reserved for pedestrian use.
(2) Ride a bicycle other than on the right-hand side of the road paving as close as
conditions permit, and bicycles shall be kept in single file when two or more are
operating as a group. Bicyclists shall at all times operate their machines with
reasonable regard to the safety of others, signal all turns, pass to the right of any
vehicle they are overtaking, and pass to the right of any vehicle they may be
meeting.
(3)
Ride any other person on a bicycle.
(4) Leave a bicycle in a place other than a bicycle rack when such is provided and
there is a space available.
(5) Leave a bicycle lying on the ground or paving, or set against trees, or in any place
or position where other persons may trip over or be injured by it.
(6) Ride a bicycle on any road or bicycle path between 15 minutes after sunset or 15
minutes before sunrise.
E.
Hours of operation.
(1) All public parks and recreation areas shall be officially declared closed between
the hours of 30 minutes after sundown and 30 minutes before sunrise. All
reference to night time, after hours, dark, before opening, after closing, etc., shall
refer to the closing hours of those public parks and recreation areas as described in
this subsection.
(2) Permission to use the public parks and recreation areas after designated closing
hours may be granted at the discretion of the Recreation Commission upon specific
request.
F.
Additional regulations. Additional regulations shall be as follows:
(1) 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 therein for public information, and shall be
determined from time to time by resolution of the Borough Council.
(2) Any section or part of any park may be declared closed to the public by the
Recreation Commission 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 Recreation Commission shall find reasonably necessary.
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§ 168-2
BUTLER CODE
§ 168-2
§ 168-2. Permits for special events.
A. Application procedures. Permits for special events in parks shall be obtained by
application to the Recreation Commission in accordance with the following procedure. A
person seeking issuance of a permit hereunder shall file an application with the
Recreation Commission stating:
(1)
The name and address of the applicant.
(2)
The name and address of the person sponsoring the activity, if any.
(3)
The day and hours for which the permit is desired.
(4)
The park or portion thereof for which such permit is desired.
(5)
An estimate of the anticipated attendance.
(6) Any other information which the Recreation Commission shall find reasonably
necessary to a fair determination as to whether a permit should issue hereunder.
B. Standards for issuance. The Recreation Commission shall issue a permit hereunder when
it finds:
(1) That the proposed activity or use of the park shall not unreasonably interfere with
or detract from the general public enjoyment of the park.
(2) That the proposed activity and use shall not unreasonably interfere with or detract
from the promotion of public health, welfare, safety and recreation.
(3) That the proposed activity or use is not reasonably anticipated to incite violence,
crime or disorderly conduct.
(4) That the proposed activity will not entail unusual, extraordinary or burdensome
expense or police operation by the Borough.
(5) That the facilities desired have not been reserved for other use at the day and hour
required in the application.
C. Appeal. Within five days after receipt of an application, the Recreation Commission shall
apprise an applicant in writing of its reasons for refusing a permit, and any aggrieved
persons shall have the right to appeal, in writing within five days to the Borough
Council, which shall consider the application under the standards set forth in Subsection
B hereof and sustain or overrule the Recreation Commission's decision within five days.
The decision of the Borough Council shall be final.
D. Compliance with all rules and regulations required.
(1) A permittee shall be bound by all park rules and regulations and all applicable
ordinances fully as though the same were inserted in the permits.
(2) The person or persons to whom a permit is issued shall be liable for any loss,
damage or injury sustained by any person whatever by reason of the negligence of
the person to whom such permit shall have been issued.
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§ 168-2 PARKS AND RECREATION AREAS § 168-4
E. Revocation. The Recreation Commission shall have the authority to revoke a permit upon
a finding of violation of any rule or ordinance, or upon good cause shown.
§ 168-3. Enforcement.
A. The Recreation Commission and park attendants shall, in connection with their duties
imposed by law, diligently enforce the provisions of this chapter.
B. The Recreation Commission and any park attendant shall have the authority to eject from
the park any person acting in violation of the provisions of this chapter.
C. The Recreation Commission and any park attendant shall have the authority to seize and
confiscate any property, thing or device in the park, or used, in violation of the
provisions of this chapter.
D. This chapter shall also be enforced by the Police Department.
§ 168-4. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89; 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
168:7
Chapter 171
(RESERVED)
[Former Ch. 171, Peddling and Hawking, adopted as Section 4-3 of the Revised General
Ordinances of 1976, as amended, was repealed 12-10-1991 by Section 1 of Ord. No.
1991-18. See now Ch. 91, Canvassers, Solicitors and Peddlers.]
171:1
Chapter 172
PEACE AND GOOD ORDER
§ 172-1. Public Urination.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 8-10-2010 by
Ord. No. 2010-8.]
§ 172-1. Public Urination.
It shall be unlawful to urinate outdoors upon any property whether public, quasi-public or private with
the Borough of Butler.
172:1
Chapter 173
POLICE ESCORT SERVICE
§ 173-1. Authorization to provide service.
§ 173-2. Scheduling.
§ 173-3. Fee.
§ 173-4. Billing.
§ 173-5. Failure to pay bill.
§ 173-6. Exemption from fees.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 4-4-1983 by
Ord. No. 3-83. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 40.
§ 173-1. Authorization to provide service.
The Police Department of the Borough of Butler may provide police escort service to any
person, firm or corporation residing in the Borough of Butler or having a place of business
located within the Borough of Butler at the request of said person, firm or corporation for the
transportation of money or other valuables within the Borough. Police escort service outside
the Borough of Butler, not to exceed a ten-mile radius, may also be provided.
§ 173-2. Scheduling.
Police escort service shall be scheduled and provided by the Chief of Police of the Borough of
Butler so as not to interfere with the duties of the Police Department of the Borough of
Butler.
§ 173-3. Fee.
The Borough shall be paid a fee of $10 for each police escort service provided within the
Borough.
§ 173-4. Billing.
The Chief of Police shall advise the Borough Administrator weekly as to the persons, firms or
corporations to be billed and the amounts. The Borough Administrator shall bill weekly for
the service, and amounts billed shall be paid within 10 days of billing.
§ 173-5. Failure to pay bill.
Any person, firm or corporation failing to pay any billing for police escort within 30 days of
billing shall not be provided further police escort service until full payment of all arrears is
made to the Borough Administrator.
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BUTLER CODE
§ 173-6
§ 173-6. Exemption from fees.
No fees for police escort service shall be charged to charitable or religious associations or
corporations.
173:2
Chapter 174
POOL AND BILLIARDS
§ 174-1.
License required.
§ 174-2.
Application.
§ 174-3.
Fees; forfeiture upon revocation.
§ 174-4.
Condition of premises cause for denial.
§ 174-5.
Location restrictions.
§ 174-6.
Hours.
§ 174-7.
Age limitation.
§ 174-8.
Card playing; alcoholic beverages.
§ 174-9.
Premises to be on first floor; illumination of interior.
§ 174-10. Display of license and other regulations.
§ 174-11. Exceptions.
§ 174-12. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section 4-6
of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 67.
Housing standards — See Ch. 136.
Fire prevention — See Ch. 122.
Licensing generally — See Ch. 150.
§ 174-1. License required.
No person shall maintain, operate, conduct or pursue the business or occupation of keeping
any public room or place wherein the games commonly known as pool or billiards are played
without having first obtained a license therefor from the Borough Council as hereinafter
provided.
§ 174-2. Application.
An application for a license shall be filed with the Borough Clerk on forms to be furnished by
him. In addition to the requirements set forth in § 150-2, Applications, of Chapter 150,
Licensing, such forms shall include the following information:
A. In the case of a corporation, the names and addresses of all officers, directors and all
stockholders presently holding stock and all who for six months prior to the making of
the application have been officers, directors or stockholders.
B. In the case of clubs or associations, the names and addresses of all officers.
C. The number of pool tables and billiard tables to be located upon the premises to be
licensed.
174:1
§ 174-3 BUTLER CODE § 174-9
§ 174-3. Fees; forfeiture upon revocation.
A. The annual fees to be paid for such license are hereby fixed as follows:
(1)
For the first pool or billiard table located upon the premises to be licensed, $100. (2)
For each additional pool or billiard table located upon the premises to be licensed,
$5.
B. In the event that any license is suspended, or revoked, the licensee shall not be entitled to
the return of any portion of the license fee.
§ 174-4. Condition of premises cause for denial.
Premises which shall be declared to be unsafe or a fire hazard under any ordinance, law or
regulation shall be deemed to be ineligible for a license.
§ 174-5. Location restrictions.
No license shall be issued for the operation of any pool or billiard room which is located
within 200 feet of any school, church or publicly owned building.
§ 174-6. Hours.
The hours of operation of such pool or billiard rooms shall be between 10:00 a.m. and 2:00
a.m. on weekdays and Saturdays, and between 11:00 a.m. and 2:00 a.m. on Sundays.
§ 174-7. Age limitation.
No person under the age of 16 years shall be admitted to or permitted to play pool or billiards
in any licensed premises or to frequent or lounge or congregate or gather in such room or
place unless accompanied by his or her parent or guardian.
§ 174-8. Card playing; alcoholic beverages.
In no event shall card playing be permitted on premises licensed under this chapter, nor shall
alcoholic beverages be permitted on the premises.
§ 174-9. Premises to be on first floor; illumination of interior.
All premises in which the games of pool and billiards are played shall be on the street floor of
any building and shall be so arranged and so lighted that a full view of the interior may be
had from the public thoroughfare or from adjacent rooms to which the public is admitted at all
hours.
174:2
§ 174-10 POOL AND BILLIARDS § 174-12
§ 174-10. Display of license and other regulations.
There shall be conspicuously posted and displayed in any premises licensed under the
provisions of this chapter:
A. The license issued pursuant to this chapter.
B. A copy of the provisions of this chapter which shall be supplied to the licensee by the
Borough Clerk.
C. Not less than one sign giving notice that no person under the age of 16 years shall be
permitted upon the licensed premises unless accompanied by his or her parent or
guardian.
§ 174-11. Exceptions.
This chapter shall not apply to any religious, charitable, benevolent or nonprofit association or
corporation which operates or maintains any pool or billiard table solely for the recreation and
amusement of its members, provided that such organization is bona fide in character and is
not intended as a means or device for evading the terms and provisions of this chapter, nor
shall the provisions of this chapter apply to the keeping of any pool or billiard table in private
residences or coin-operated pool or billiard tables which are covered under a separate
ordinance.
§ 174-12. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 4-18-2006 by
Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
174:3
Chapter 180
PROPERTY MAINTENANCE
§ 180-1.
Purposes.
§ 180-2.
Definitions.
§ 180-3.
Compliance with provisions.
§ 180-4.
Minimum standards; compliance with other regulations.
§ 180-5.
Owner, operator and occupant to comply independently.
§ 180-6.
Applicability of Uniform Construction Codes.
§ 180-7.
Zoning.
§ 180-8.
Existing remedies.
§ 180-9.
Duties of owners, operators and occupants.
§ 180-10. Unlawful conditions.
§ 180-11. General responsibility.
§ 180-12. Enforcement officer.
§ 180-13. Enforcement procedure.
§ 180-14. Emergency conditions.
§ 180-15. Violations and penalties.
§ 180-16. Abatement of Violations.
§ 180-17. Cost of Abatement a Lien on the Property.
§ 180-18. Certificates of Necessity, Who May Apply.
§ 180-19. Hearing.
§ 180-20. Conditions for Issuance of Certificate.
§ 180-21. Refusal to Comply with Certificate.
§ 180-22. Vacant Storefront.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 12-19-2000 by
Ord. No. 2000-32. Amended 6-26-2016 by Ord. No. 2016-15. Amendments noted where
applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 89.
Housing standards — See Ch. 136.
Uniform Construction Codes — See Ch. 101.
Littering — See Ch. 153.
Fire prevention — See Ch. 122.
Snow removal — See Ch. 196.
Flood damage prevention — See Ch. 124.
Vegetation — See Ch. 223.
Garbage, refuse and recyclables — See Ch. 129.
§ 180-1. Purposes.
The purposes of this chapter are to:
A. Provide for the public health, safety and welfare.
B. Avoid, prevent and eliminate the maintenance and creation of hazards to the public
health and safety.
C. Avoid, prevent and eliminate conditions which, if permitted to exist or continue, will
depreciate or tend to depreciate the value of adjacent or surrounding properties.
D. Prevent the creation, continuation, extension or aggravation of blight.
180:1
§ 180-1 BUTLER CODE § 180-2
E.
Preserve property values in the Borough.
F.
Prevent the physical deterioration or progressive downgrading of the quality of
residential dwellings in the Borough.
G.
Maintain the value and economic health of the commercial properties and businesses that
serve and help to support the Borough and its citizens.
H. Prevent and eliminate physical conditions in or on property which constitute nuisances
and are thereby potentially dangerous or hazardous to the life, health or safety of persons
on or near the premises where such conditions exist.
I. Establish minimum standards governing the maintenance and condition of lands,
buildings, structures and premises in the Borough.
J.
Fix responsibilities and duties therefor upon owners, lessees, operators and occupants of
property.
K. Provide for administration and enforcement.
L.
Fix penalties for the violation of this chapter.
§ 180-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
BLIGHT — A condition of deterioration because of structures or improvements which are
dilapidated or characterized by disrepair, lack of ventilation or light or sanitary facilities,
faulty arrangement, location or design or other unhealthful or unsafe conditions.
EXTERIOR OF PREMISES — Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including all outside surfaces and
appurtenances thereto; and the open land space of any premises outside of any building or
structure erected thereon.
180:2
§ 180-2 BUTLER CODE § 180-2
NUISANCE —
A. Any public or private condition that would constitute a nuisance according to the statutes,
laws and regulations of the State of New Jersey, its governmental agencies or the
ordinances of the Borough.
D. Any physical conditions existing in or on the exterior of any premises which is
potentially dangerous, detrimental or hazardous to the life, health or safety of persons on,
near or passing within the proximity of premises where such conditions exist.
OCCUPANT — Any person residing, living or sleeping in or on the premises or having
actual possession, use or occupancy of a dwelling premises or unit, or operating a business
therein, or any person or entity in possession of or using any premises, or part thereof,
whether or not the owner thereof and regardless of the duration of time of such possession,
use or occupancy.
OPERATOR — Any person, persons or entity not the owner, who has charge, care or control
of a dwelling or premises, or a part thereof, with or without the knowledge, consent or
authority of the owner.
OWNER — Any person, persons or entity who shall have legal or equitable title in any form
whatsoever to any premises or part thereof with or without accompanying actual possession
thereof; or who shall have charge, care or control of any lot, premises, building, structure or
part thereof, as owner or agent of the owner or as a fiduciary, trustee, receiver, guardian,
lessee or mortgagee in possession, regardless of how such possession was obtained. Any
person, group of persons or entity who is a lessee, sublessee or assignee of a lease of any part or
all of any building, structure or land shall be deemed to be a co-owner with the lessor for the
purposes of this chapter and shall have responsibility over the portion of the premises so sublet,
leased or assigned.
PREMISES — A lot, plot or parcel of land, right-of-way or multiples thereof, including the
buildings or structures thereon.
REFUSE or RUBBISH — All discarded, useless, unusable, unused or worthless solid waste
matter or materials, combustible or noncombustible, including, but not limited to, garbage;
trash; ashes; paper, paper goods and products; wrappings; cans; bottles; containers; yard clippings;
garden refuse; brush and containers of waste materials, chemicals or oil other than garbage
containers used and intended to be picked up in the normal weekly scavenger collection
service; debris; junk; glass; boxes, crockery; wood; mineral matter; plastic; rubber; leather;
furniture; household goods; appliances; fixtures; bedding; scrap lumber; scrap metal, construction
material, inoperable machinery or parts thereof; dead or rotting vegetation, excluding compost piles
which are not otherwise prohibited in this chapter; abandoned, inoperative, unused or unusable
automobiles and vehicles, or parts or components of automobiles, motor vehicles, motorcycles or
vehicles of any kind; and solid commercial or industrial waste.
180:3
§ 180-3 BUTLER CODE § 180-4
§ 180-3. Compliance with provisions.
Every residential and nonresidential building, structure, lot and the premises or part of the
premises on which it is situated in the Borough, previously or presently used or intended to be
used for dwelling, commercial, business, recreation, service, transportation, institutional,
religious, charitable, quasi-public, professional or industrial occupancy and uses accessory
thereto, shall comply with the provisions of this chapter whether or not any such building or
structure shall have been constructed, altered or repaired before or after the enactment of this
chapter and irrespective of any permits or licenses which may have been issued for the use or
occupancy of such building or for the installation or repair of equipment or facilities prior to
the effective date of this chapter. Vacant lots, land and premises are also required to comply
with the provisions of this chapter.
§ 180-4. Minimum standards; compliance with other regulations.
A. In any case where the provisions of this chapter impose a higher or stricter standard than
set forth in any other ordinance or regulation of the Borough of Butler or under the laws
or regulations of the State of New Jersey or any of its agencies, then the standards as set
forth herein shall prevail, but if the provisions of this chapter impose a lower or lesser
standard than any other regulation or ordinance of the Borough of Butler or of the laws
and regulations of the State of New Jersey, or any of its agencies, then the higher
standard contained in any such other ordinance, regulation or law shall prevail.
B. Compliance with this chapter shall not constitute a defense against any violation of
any other ordinance of the Borough of Butler applicable to any structure or
premises, nor shall any one act of compliance constitute a defense against any
subsequent or other violation of this chapter.
180:4
§ 180-5 BUTLER CODE § 180-10
§ 180-5. Owner, operator and occupant to comply independently.
Owners, operators and occupants shall have all the duties, obligations and responsibilities
prescribed in this chapter, and no such person or entity shall be relieved of any such duty,
obligation or responsibility hereunder nor be entitled to assert as a defense against any charge
made against him or them for violation of this chapter the fact that another owner, operator or
occupant or any other third person or entity is also responsible therefor and in violation
thereof.
§ 180-6. Applicability of Uniform Construction Codes.
Any alterations to buildings, structures or appurtenances thereto or changes of use therein,
which may be caused directly or indirectly by the enforcement of this chapter, shall be done
in accordance with all applicable sections of the Uniform Construction Code of the Borough.1
§ 180-7. Zoning.
Nothing contained in this chapter or any requirement of compliance herewith shall be deemed
to alter, impair or affect the application of the Zoning Ordinance or zoning laws of the
Borough.
§ 180-8. Existing remedies.
Nothing in this chapter shall be deemed to abolish or impair existing remedies of the
municipality or its officers or agencies relating to the removal or demolition of any buildings
or structures which are deemed to be dangerous, unsafe or unsanitary.
§ 180-9. Duties of owners, operators and occupants.
In furtherance of the purposes of this chapter, it shall be the duty and responsibility of the
owner, operator or occupant of the premises to comply with any or all of the requirements and
standards of this chapter, to keep the premises free of conditions which constitute violations
hereof and to promptly remove, prevent or abate such conditions.
§ 180-10. Unlawful conditions.
The exterior of all premises shall be kept free of the following matter, materials or conditions:
A. Refuse, as hereinabove defined.
B. Rubbish, as hereinabove defined.
1. Editor's Note: See Ch. 101, Construction Codes, Uniform.
180:5
§ 180-10
PROPERTY MAINTENANCE
§ 180-10
C. Abandoned, uncovered or structurally unsound wells, shafts, towers, exterior cellar
openings, basement hatchways, foundations or excavations.
D. Abandoned iceboxes, refrigerators, heaters, television sets and other similar major
appliances.
E.
Structurally unsafe or unsound buildings, structures or fences or parts thereof.
F.
Rodents, vermin, pest infestation and rodent harborages.
G. Animal excrement piles or manure piles within 100 feet of a property line.
H. Buried refuse or rubbish.
I. Stagnant surface or ground water accumulations which create or are likely to create
mosquito or other insect breeding areas.
J.
Nuisances, as hereinabove defined.
K. Vehicles, or parts thereof, including construction equipment, boats or trailers, motorized
or not, licensed or unlicensed, registered or unregistered, which vehicles or parts thereof
are or have been junked, abandoned, dismantled or are in a state of visible disrepair for a
period of more than two weeks. This subsection shall take effect only where the
conditions described herein are visible from surrounding or adjoining properties. No part
of this subsection, however, shall be applicable to properties upon which the business of
an automobile body shop or automobile dealership is conducted.
L. Dangerously loose and overhanging objects, including, but not limited to, dead trees or
tree limbs, accumulations of ice or any object, natural or man-made, which could
threaten the health and safety of a person if caused to fall, or other similar dangerously
loose and overhanging objects, which, by reason of their location above ground level,
constitute an actual hazard to persons or vehicles in the vicinity thereof.
M. Inadequate or unsafe foundations, walls, piers and columns and other similar structurally
unsound, damaged or defective load-bearing components which are incapable of bearing
imposed loads safely at all points.
N. Structurally unsound, loose, dangerous, crumbling, missing, broken, rotten or unsafe
exterior portions of buildings or structures, including, but not limited to, porches;
landings; balconies; stairways; handrails; steps; walls; overhangs; roofs; fences;
supporting members; timbers; abutments; fire escapes; signs; loose, crumbling or falling
bricks, stones, mortar or plaster.
O. Exterior surfaces or parts of buildings or structures containing sharp, rough or projecting
surfaces or objects which might cause injury to persons coming in contact therewith.
P. Broken glass or windows; rotten, missing or substantially destroyed window frames and
sashes; door frames; exterior component parts of buildings or structures.
Q. Weeds, brush, stumps, roots which are obnoxious, noxious or detrimental to public health
and safety. This includes, but is not limited to, poison ivy, poison oak, poison sumac and
ragweed growth. This shall also include dead and dying trees and limbs or other natural
180:6
§ 180-10 BUTLER CODE § 180-12
growth, including compost heaps or piles which, by reason of rotting or deteriorating
conditions, create obnoxious odors or blighting and unsightly factors for adjoining
properties of the Borough of Butler. Under no circumstances are compost heaps or piles
permitted within 25 feet from any property line. The provisions of this subsection shall
not apply to farm land, pasture land, grazing land, natural or unlandscaped areas and
undeveloped tracts.
R. Garbage or trash dumpsters shall not be maintained in the front yard unless permitted by
site plan approval from the Planning Board or Board of Adjustment or municipal
approval for temporary construction or renovation purposes.
S. In all zone districts and upon all properties used for residential purposes in whole or in
part, parking spaces shall be on paved or gravel driveways, constructed and installed and
located pursuant to the provisions of the Zoning Ordinance and other applicable codes,
rules and regulations of the Borough of Butler. Parking of motor vehicles on front lawns,
yards or landscaped front yards is prohibited, except for the purpose of temporary
emergency or necessity not to exceed a period of 24 hours.
T.
The exterior of all premises, the exterior of structures and condition of accessory
structures, including fences and walls of any type, shall be kept structurally sound, in
good repair and free from defect, and shall be maintained so that the appearance of the
premises and structures shall not constitute a blighting factor for adjoining properties or
the Borough of Butler, such as, but not limited to, structural collapse, excessive peeling
paint, graffiti, rotting or decay.
U. Properties with landscaping, lawns, hedges and bushes shall be kept from becoming
overgrown and unsightly where exposed to public view, and from becoming a blighting
factor for adjoining properties of the Borough of Butler.
V. General maintenance. The exterior of every structure or accessory structure, including
signs and fences, shall be maintained in good repair. The same shall be maintained free
of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other
conditions reflective of deterioration or inadequate maintenance to the end that the
property itself may be preserved, safety and fire hazards eliminated and adjoining
properties and the Borough of Butler be protected from blighting influences.
§ 180-11. General responsibility.
Without limitation by the foregoing, it shall also be the duty and responsibility of owners,
occupants or operators to keep the exterior of all premises structurally sound, in good general
repair and sufficiently maintained to an extent so as to prevent and avoid conditions that
violate the purposes of this chapter as hereinabove set forth in § 180-1.
§ 180-12. Enforcement officer.
The Zoning Officer, or any other person appointed by the Borough Administrator, of the
Borough of Butler is hereby designated as the officer charged with enforcement of this code
and is hereinabove referred to as the "enforcement officer."
180:7
§ 180-13 PROPERTY MAINTENANCE § 180-15
§ 180-13. Enforcement procedure. [Amended 6-26-2016 by Ord. No. 2016-15]
Whenever an enforcement officer determines that there is or has been a violation of any
provision of this code, he shall give notice of such violation to the person, persons or entities
responsible therefor under this chapter. Such notice shall be in writing and shall include a concise
statement of the reasons for its issuance. Such notice shall be deemed to be properly and
sufficiently served if a copy thereof is sent by mail to the last known address of the person or
entity upon which the same is served, as shown by the most recent tax lists of the Borough of
Butler, or a copy thereof handed to such person or persons; or a copy thereof left at the usual
place of abode or office of such persons or entities. Notice shall be given as aforesaid within or
without the Borough. The notice shall also state that unless the violation is abated, removed,
cured, prevented or desisted from within 10 days of the date of service of such notice (exclusive
of the date of service) a summons shall issue for such violation. The enforcement officer may
extend the period for compliance with the violation stated in the notice for a period in excess of
the aforesaid 10 days if, in his judgment, the abatement, removal, prevention, cessation of or cure
of the condition violated cannot reasonably be effected within the ten-day period. In the event
the violation is not abated, removed, cured, prevented or desisted from or otherwise fully
remedied within the ten-day period or within such extended period pursuant to the foregoing, a
summons shall then issue against the person, persons, entity or entities so notified.
§ 180-14. Emergency conditions. [Amended 6-26-2016 by Ord. No. 2016-15]
Whenever the enforcement officer finds that an emergency condition in violation of this chapter
exists, which condition requires immediate attention in order to protect the public health or
safety, he may issue an order by service of notice as set forth in § 180-13, reciting the existence
of such an emergency condition and requiring that such action be taken by the violator as soon as
is reasonably necessary to meet the emergency.
§ 180-15. Violations and penalties. [Amended 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
180:8
§ 180-16 PROPERTY MAINTENANCE § 180-18
§ 180-16. Abatement of Violations. . [Added: 8-2-2010 by Ord. No. 2010-7]
In the event that the Enforcement Officer finds that it is necessary and expedient for the preservation of
the public health, safety or general welfare, or to eliminate a fire hazard, to destroy, remove, or maintain
any grass, brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or
debris, the Enforcement Official, with consent of the Administrator, is hereby authorized to arrange
for the destruction, removal, or maintenance of the property. In the event the property owner has not
been previously notified of the violation in accordance with this Chapter, the Enforcement Officer shall
notify, in writing, the owner and, if occupied by a tenant, the tenant or tenants thereof, to remove or
destroy the same. The notice shall contain a copy of this chapter. If the owner or tenant does not remove
or destroy the same within 10 days after written notice from the Enforcement Officer, the Enforcement
Officer is hereby authorized to cause the offending material to be removed or destroyed.
§ 180-17. Cost of Abatement a Lien on the Property. [Added: 8-2-2010 by Ord. No. 2010-7]
A. In the event that any grass, brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash or debris is destroyed, removed or maintained by the Borough, the
Enforcement Official shall certify the costs thereof to the Borough Administrator, which shall
review the cost and if found correct, shall cause the cost as shown thereon to be charged as a lien
against said lands.
B. The amount so charged shall become a lien upon the lands and shall be added to and become and
form part of the taxes next to be assessed and levied upon said lands and shall 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.
§ 180-18. Certificates of Necessity, Who may apply.
Any owner, operator or occupant who is required to make repairs or otherwise improve a premises and is
unable to comply with this Code without having a right of access to the premises through or across
adjoining premises not owned by such person or under such person's control or if a right of access has
been refused or if the person empowered to grant such access cannot be found or located, may file an
affidavit with the enforcement officer setting forth the applicable facts and applying for a certificate of
necessity. The enforcement officer shall give written notice of a hearing on said application to the
applicant for such certificate and to the person empowered to grant access by certified or registered mail,
return receipt requested. At least ten days notice of such hearing shall be given where the address of the
person empowered to grant access is known by the enforcement officer. If the address of the person
empowered to grant access is not known by the enforcement officer or cannot be ascertained in the
exercise of reasonable diligence, at least thirty days notice of such hearing shall be given.
180:9
§ 180-19 PROPERTY MAINTENANCE § 180-22
§ 180-19. Hearing.
On the day fixed for the hearing, the enforcement officer shall provide opportunity for the person
empowered to grant access to state why such access should not be granted.
§ 180-20. Conditions for issuance of certificate.
If the enforcement officer determines that access through or across adjoining premises is necessary to
accomplish or complete repairs or improvements for compliance with this Code then the enforcement
officer shall issue a certificate of necessity granting and ordering access and setting forth therein the
person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect
adjoining premises, reasonable time limits during which such certificate shall be in effect. Precautions to
be taken to avoid damage, and when the enforcement officer deems appropriate. The procurement of a
bond at the expense of the person seeking access to secure the adjoining property owner against damage
to person or property arising out of such right of access may be required. In setting the amount for a bond,
the enforcement officer shall take into consideration the extent, nature, and duration of the repairs and
improvements, the proximity thereof to the premises over which access has been sought and the potential
risk of damage thereto. Said bond, if required, shall be filed with the enforcement officer.
§ 180-21. Refusal to comply with certificate.
Any refusal to comply with a certificate issued hereunder or any interference with the purpose for which a
certificate is issued shall be a violation of this Code and, in addition to the penalties provided hereunder,
the enforcement officer may, upon affidavit setting forth the facts, apply to a court of competent
jurisdiction for a warrant authorizing access.
§ 180-22. Vacant storefront.
The owner of any commercial building which has a display window facing the street and which becomes
vacant shall install a temporary drop screen located a minimum of three feet and a maximum of ten feet
back from the window surface in order to obscure the vacant interior of the premises. Such location shall
be determined by the availability of places where such screen can be supported. If there are no such
supports, the screen can be placed directly in the windows. Such screens shall be opaque and dark in color
and may be constructed of cloth, sheetrock, or other similar material but shall not be of plastic or paper.
The owner of the premises may install a public service display or other decorative material in the space
between the window and the screen.
180:10
Chapter 181
REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED
RESIDENTIAL PROPERTIES IN FORECLOSURE
§ 181-1. Definitions.
§ 181-2. Registration of Vacant and Abandoned Properties.
§ 181-3. Fee Schedule.
§ 181-4. Creditor Responsibility for Vacant and Abandoned Properties.
§ 181-5. Notice.
§ 181-6. Violations and Penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 6-26-2016 by
Ord. No. 2066-16; Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CREDITOR - a State chartered bank, savings bank, savings and loan association or credit union, any person or
entity required to be licensed under the provisions of the “New Jersey Residential Mortgage Act,” P.L. 2009, c.53
(C.17:11C-51 et seq.), any foreclosing entity subject to the provisions of C.46:10B-51 (P.L. 2008, c.127, Sec. 17),
as amended from time to time) and any entity acting on behalf of the creditor named in the debt obligation
including, but not limited to, servicers.
VACANT AND ABANDONED RESIDENTIAL PROPERTY - consistent with Section 1 of P.L. 2010, c.70
(C.2A:50-73), residential real estate, where a notice of violation has been issued pursuant to Paragraph e. 1 of this
Section and subsection b. of section 1 of P.L.2014, c.35 (C.40:48-2.12s). Residential property shall further be
deemed Vacant and Abandoned where a mortgaged property is not occupied by a mortgagor or tenant and at least
two of the following conditions exist:
(a)
overgrown or neglected vegetation;
(b)
the accumulation of newspapers, circulars, flyers or mail on the property;
(c)
disconnected gas, electric, or water utility services to the property;
(d)
the accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
(e)
the accumulation of junk, litter, trash or debris on the property;
(f)
the absence of window treatments such as blinds, curtains or shutters;
(g)
the absence of furnishings and personal items;
(h)
statements of neighbors, association management, delivery persons, or government employees indicating
that the residence is vacant and abandoned;
(i)
windows or entrances to the property that are boarded up or closed off or multiple windowpanes that are
damaged, broken and unrepaired;
(j)
doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
181:1
§ 181-1 BUTLER CODE § 181-2
(k)
a risk to the health, safety or welfare of the public, or any adjoining or adjacent property owners, exists
due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the
property;
(l)
an uncorrected violation of a municipal building, housing, or similar code during the preceding year, or
an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
(m)
the mortgagee or other authorized party has secured or winterized the property due to the property being
deemed vacant and unprotected or in danger of freezing;
(n)
a written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the
property;
(o)
any other reasonable indicia of abandonment.
§ 181-2. Registration of Vacant and Abandoned Properties.
A. A Creditor filing a summons and complaint in an action to foreclose on a Vacant and Abandoned Property,
or a Creditor who has previously filed a summons and complaint to foreclose on a residential property which
subsequently becomes Vacant and Abandoned, shall within thirty (30) calendar days after the building
becomes Vacant and Abandoned or within thirty (30) calendar days after assuming ownership of the of the
Vacant and Abandoned property, whichever is later; or within ten (10) calendar days of receipt of notice
from the Borough, and annually thereafter, file a registration statement for such Vacant and Abandoned
property with the municipal clerk on forms provided by the Borough for such purposes. Any failure to
receive notice from the Borough shall not constitute grounds for failing to register the Vacant and
Abandoned property.
B. Each Vacant and Abandoned property having a separate block and lot number as designated in the official
tax maps of the Borough shall be registered separately.
C. The registration statement shall include the name, street address, telephone number, and email address (if
applicable) of a person twenty-one (21) years or older, designated by the Creditor as the authorized agent for
receiving notices of code violations and for receiving process in any court proceeding or administrative
enforcement proceeding on behalf of such Creditor in connection with the enforcement of any applicable
code.
D. The registration statement shall include the name, street address, telephone number, and email address (if
applicable) of the firm and the actual name(s) of the firm’s individual principal(s) responsible for
maintaining the Abandoned and Vacant property. The individual or representative of the firm responsible
for maintaining the Abandoned and Vacant property shall be available by telephone or in person on a
twenty-four-hour per day, seven-day per week basis. The two entities may be the same or different persons.
Both entities shown on the statement must maintain offices in the State of New Jersey or reside within the
State of New Jersey.
E. The registration shall remain valid for one year from the date of registration except for the initial registration
which shall be valid through December 31st of the year in which it was filed. The Creditor shall be required
to renew the registration annually as long as the building remains Vacant and Abandoned and shall pay a
registration or renewal fee in the amount prescribed in Paragraph c. of this Section for each Vacant and
Abandoned property registered.
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§ 181-2 BUTLER CODE § 181-5
F. The annual renewal shall be completed by January 1st each year. The initial registration fee shall be pro-
rated for registration statements received less than ten (10) months prior to that date.
G. The Creditor shall notify the municipal clerk within thirty (30) calendar days of any change in the
registration information by filing an amended registration statement on a form provided by the municipal
clerk for such purpose.
H. The registration statement shall be deemed prima facie proof of the statements therein contained in any
administrative enforcement proceeding or court proceeding instituted by the Borough against the Creditor.
§ 181-3. Fee Schedule. [Amended 2-21-2023 by Ord. No. 2023-01]
The annual fee for a creditor required to register a property pursuant to this ordinance shall be:
A. $500 per property annually for any property that is required to be registered because a summons and complaint
in an action to foreclose was filed by the creditor; and
B. an additional $2,000 per property annually if the property is vacant or abandoned pursuant to the definition in
the ordinance when the summons and complaint in an action to foreclose is filed or becomes vacant and
abandoned at any time thereafter while the property is in foreclosure.
§ 181-4. Creditor Responsibility for Vacant and Abandoned Properties.
A. A Creditor filing a summons and complaint in an action to foreclose on a residential property within the
Borough shall be immediately responsible for the care, maintenance, security and upkeep of the exterior of
the property, after the property becomes Vacant and Abandoned as defined in this Section.
B. Where a Creditor is located out-of-state, the Creditor shall be responsible for appointing an in-State
representative or agent to act on the Creditor’s behalf for the purpose of satisfying the requirements of this
Section. Notice of said representative or agent shall be provided to the municipal clerk.
§ 181-5. Notice.
A. Enforcement officers as designated by the Borough Administrator shall be authorized to issue a notice to a
Creditor that has filed a summons and complaint in an action to foreclose on a residential property within the
Borough, if the enforcement officer determines that the Creditor has violated this Section by failing to
provide for the care, maintenance, security, and upkeep of the exterior of a Vacant and Abandoned property.
Where a Credit is an out-of-State Creditor, the notice shall be issued to the representative or agent that has
been identified by the Creditor pursuant to Section 181-4.
B. The notice shall require the Creditor to correct the violation(s) within thirty (30) days of receipt of the notice,
or within ten (10) days of receipt of the notice if the violation presents an imminent threat to public health
and safety.
C. The issuance of a notice pursuant to this Section shall constitute proof that a residential property is Vacant
and Abandoned for the purposes of this Section.
181:3
§ 181-6 BUTLER CODE § 181-6
§ 181-6.
Violations and Penalties.
A. A Creditor subject to this Chapter that is found by the municipal court of the Borough, or by any other court of
competent jurisdiction, to be in violation of the requirement to correct a care, maintenance, security, or upkeep
violation cited in a notice issued pursuant to this Section shall be subject to a fine of one thousand five hundred
($1,500.00) dollars for each day of the violation. Any files imposed pursuant to this paragraph shall commence
thirty-one (31) days following the receipt of the notice, except if the violation presents an imminent risk to public
health and safety, in which case any fines shall commence eleven (11) days following receipt of the notice.
B. An out-of-state Creditor subject to this Section that is found by the municipal court of the Borough, or by any
other court of competent jurisdiction, to be in violation of the requirement to appoint an in-State representative or
agent pursuant to this Section shall be subject to a fine of two thousand five hundred ($2,500.00) for each day of
the violation. Any fines imposed on a Creditor for the failure to appoint an in-State representative or agent shall
commence on the day after the ten (10) days period set forth in paragraph (1) of subjection a. of section 17 of
P.L.2008, c. 127 (C.46:10B-51) for providing notice to the municipal clerk that a summons and complaint in an
action to foreclose on a mortgage has been served.
C. A Creditor subject to this Section that is found by the municipal court of the Borough, or by any other court of
competent jurisdiction, to be in violation of the requirement to register a vacant and Abandoned property pursuant
to this chapter shall be subject to a fine not exceed two thousand ($2,000.00) dollars. Any fines imposed on a
Creditor under this paragraph shall commence eleven (11) days following receipt of notice from the Borough.
D. No less than twenty (20%) percent of any money collected to the Borough pursuant to this Section shall be
utilized by the Borough for municipal code enforcement purposes.
181:4
Chapter 182
RENTAL OR LEASE OF RESIDENTIAL PROPERTY
§ 182-1. Permit required for rental or lease of property.
§ 182-2. Form of registration and application.
§ 182-3. Application requirements.
§ 182-4. Inspection.
§ 182-5. Duration of permit.
§ 182-6. Responsibility of owner or agent.
§ 182-7. Fees.
§ 182-8. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 4-18-2006 by
Ord. No. 2006-6; Amendments noted where applicable.]
§ 182-1. Permit required for rental or lease of property.
It shall be unlawful for any owner or persons having possession and control of premises, or
their agents, to use, establish, maintain, operate or let any premises subject to the provisions
of this chapter or Chapter 136, Housing Standards, entirely or partially for residence
occupancy, where any rent is paid or charge is made for such use and occupancy, without first
having registered the premises with the Zoning Officer and obtaining a permit therefor.
Failure or refusal to register the premises or to procure a permit hereunder shall be deemed a
violation of this chapter.
§ 182-2. Form of registration and application.
Registration and application for such permit shall be made in writing to the Zoning Officer on
forms provided therefor and shall contain the name of the applicant, owner, the location of the
premises and the number of dwelling units and persons to be accommodated.
§ 182-3. Application requirements
Each application shall be accompanied by a plot plan or sketch showing the size and location
of the premises, all buildings and structures and showing the floor plan to scale of each
dwelling unit and accommodation. Each application shall be executed and sworn to by the
owner of the premises or such other person authorized by him to operate the premises. The
submission of an application, or a renewal thereof, for a rental permit is an authorization to
the Borough of Butler, its agents or employees, to inspect the subject premises for the health
and safety of the unit and its occupants.
§ 182-4. Inspection.
Before any permit is issued, the Zoning Officer or any other person authorized pursuant to
this Chapter shall have an opportunity to inspect the premises and shall determine that the
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§ 182-4 BUTLER CODE § 182-8
same comply with the provisions of this chapter and Chapter 136, Housing Standards, and
Chapter 180, Property Maintenance.
§ 182-5. Duration of permit.
The permit shall be issued for a calendar year with all permits expiring on December 31. The
owner shall have until January 31 of each year to obtain a permit.
§ 182-6. Responsibility of owner or agent.
Every owner or person or their agents, having possession or control of any premises subject to
this chapter for which rent is paid or a charge is made for such use and occupancy at the
effective date of this chapter, shall register the premises and apply for a permit, which the
Zoning Officer may issue as provided in this chapter.
§ 182-7. Fees.
Each registration and application for permit shall be accompanied by a fee in the amount of
$50 if there are one or two units on the property; $100 if there are three to six units on the
property, or $200 if there are more than six units on the property.
§ 182-8. Violations and penalties.
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
182:2
Chapter 184
SALES, SPECIAL
ARTICLE I
Going-Out-of-Business Sales
§ 184-1.
Definitions.
§ 184-2.
License required; fee; time limitations.
§ 184-3.
Filing of merchandise list; prohibitions.
§ 184-4.
Verification of information.
§ 184-5.
Exceptions.
§ 184-6.
Display of license.
§ 184-7.
Violations and penalties.
ARTICLE II
Garage Sales
§ 184-8.
Definitions.
§ 184-9.
License required; fee; display.
§ 184-10. Filing of information.
§ 184-11. Hours.
§ 184-12. Exceptions.
§ 184-13. Enforcement.
§ 184-14. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing generally — See Ch. 150.
ARTICLE I
Going-Out-of-Business Sales
[Adopted as Section 4-5 of the Revised General Ordinances of 1976]
§ 184-1. Definitions.
For the purpose of this article, the following terms shall have the meanings indicated:
CLOSING-OUT SALE — Shall include all sales advertised, represented or held forth under
the designation of "going out of business," "discontinuance of business," "selling out,"
"liquidation," "lost our lease," "must vacate," "forced out," "removal," "fire sale," "damaged
stock" or any other designation of like meaning indicating the forced sale of merchandise.
§ 184-2. License required; fee; time limitations.
No person shall conduct a closing-out sale in the Borough without first filing with the
Borough Clerk the information hereinafter specified and obtaining from such Clerk a license
so to do, to be known as a "closing-out sale license." The fee for such license shall be fixed as
follows: for a period not exceeding 10 consecutive calendar days, $25; for a period not
exceeding 20 consecutive calendar days, $35; for a period not exceeding 30 consecutive
calendar days, $50, provided that only one such license shall be issued to any one person
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§ 184-2 BUTLER CODE § 184-6
within a thirty-six-month period, and no such license shall be issued for more than 30
consecutive calendar days. The preceding thirty-six-month limitation shall apply to any person
who is conducting a closing-out sale as of March 3, 1975, or to a corporation owned or
controlled by any such person, or to a corporation owned or controlled by a person to whom a
license under the provisions of this Article has been previously issued.
§ 184-3. Filing of merchandise list; prohibitions.
A. The information to be filed with the Borough Clerk, pursuant to § 184-2, shall be a
complete and accurate list or a written statement of the current retail value of the stock of
goods, wares and merchandise to be sold at any sale for which a license is hereby
required and shall be signed by the person seeking the license, or by a resident agent
thereunder authorized, and, by affidavit, at the foot thereof, the person so signing shall
swear or affirm that the information therein given is full and true and known by him to
be so.
B. No person shall sell, offer or expose for sale at any such sale, or list on such inventory or
on the statement of the current retail value, any goods, wares or merchandise which are
not the regular stock of the store or other place, the business of which is to be closed out
by such sale, or make any replenishments or additions to such stock for the purposes of
such sale, or during the time thereof, or fail, neglect or refuse to keep accurate records of
the articles or things sold, or of the cash receipts therefor, from which records the
Borough Clerk may ascertain the kind and quantity or number sold.
§ 184-4. Verification of information.
The Borough Clerk may, at his discretion, either himself or by such person as he may
designate, verify the details of the information filed for the purpose of obtaining a closing-out
sale license, and he may make a check and verify the items of merchandise sold during the
sale. No person to whom a closing-out sale license has been issued shall fail or refuse to give
the Borough Clerk or any person designated by him for that purpose all the facts connected
with the stock on hand or the proper information of goods sold or any other information that
he may require in order to make a thorough investigation of all phases of the sale.
§ 184-5. Exceptions.
The provisions of §§ 184-1 through 184-4 shall not be applicable to trustees in bankruptcy,
executors, administrators, receivers or public officers under judicial process.
§ 184-6. Display of license.
Each license issued under the provisions of this chapter must be prominently displayed in the
establishment for the purpose of advising the public that such sale has been licensed, and the
license number shall be prominently shown on the show window or front of the establishment
throughout the entire period of the licensed sale.
184:2
§ 184-7 SALES, SPECIAL § 184-10
§ 184-7. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89; 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this article shall be subject
to such penalties as are provided for in Chapter 230, Violations and Penalties, of the Code of
the Borough of Butler.
ARTICLE II
Garage Sales
[Adopted as Section 4-7 of the Revised General Ordinances of 1976; amended in its
entirety 4-12-1994 by Ord. No. 1994-3]
§ 184-8. Definitions.
For the purposes of this article, the following terms shall have the meanings indicated:
GARAGE SALE — Shall include all sales entitled "garage sale," "lawn sale," "attic sale,"
"rummage sale," "yard sale," "craft 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 such sale.
GOODS — Shall include any goods, warehouse merchandise or other property capable of
being the object of a sale regulated hereunder.
§ 184-9. License required; fee; display.
A. No person shall conduct a garage sale in the Borough without first filing with the
Borough Clerk the information hereinafter specified and obtaining from the Clerk a
license so to do, to be known as a "garage sales license." The fee for such license shall
be and the same is hereby fixed at $5, except that if it is a group sale consisting of more
than five tables the fee shall be $25.
B. Only two such licenses shall be issued to any one household within a twelve-month
period, and each license shall be effective for four calendar days within a one-month
time.
C. Each license issued under this Article must be prominently displayed on the premises
upon which the garage sale is conducted throughout the entire period of the licensed sale.
§ 184-10. Filing of information.
The information to be filed with the Borough Clerk pursuant to the provisions of this Article
shall be as follows:
A. The name of the person, firm, group, corporation, association or organization conducting
such sale.
B. The name of the owner of the property on which such sale is to be conducted, and
consent of owner if applicant is other than the owner.
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§ 184-10 BUTLER CODE § 184-13
C. The location at which the sale is to be conducted.
D. The dates of the sale.
E. The date of any past sale.
F. A sworn statement or affirmation by the person signing that the information therein given
is full and true and known by him to be so.
§ 184-11. Hours.
All garage sales shall be conducted between the hours of 8:00 a.m. and 8:00 p.m. only.
§ 184-12. Exceptions.
The provisions of this Article 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 or 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 Article
have not been complied with.
E. Any sale regulated under any other provisions of this Code.
F. Any sale conducted by any merchant or mercantile or other business establishment from
or at a place of business wherein such sale would be permitted by the zoning regulations
of the Borough or under the protection of the nonconforming use section thereof any
other sale conducted by a manufacturer, dealer or vendor and which sale would be
conducted from properly zoned premises and not otherwise prohibited in this Code.
G. Any bona fide charitable, eleemosynary, educational, cultural or governmental institution
or organization, provided that the burden of establishing the exemption under this section
shall be on the organization or institution claiming such exemption.
§ 184-13. Enforcement.
This Article shall be enforced by the Borough Clerk. It shall be the duty of the Borough Clerk
to investigate any violations of this Article coming to her attention, whether by complaint or
arising from her own personal knowledge, and, if a violation is found to exist, she shall
prosecute a complaint before the local Municipal Court pursuant to the provisions of this
Article. It shall be the duty of the Police Department of the Borough to bring to the attention
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§ 184-13 SALES, SPECIAL § 184-14
of the Borough Clerk for further investigation any violations of this Article of which the
Police Department becomes aware during the course of its normal duties.
§ 184-14. Violations and penalties. [Amended 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this article shall be subject
to such penalties as are provided for in Chapter 230, Violations and Penalties, of the Code of
the Borough of Butler.
184:5
Chapter 187
SCHOOL EXERCISES, DISTURBANCE OF
§ 187-1. Prohibition.
§ 187-2. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section
3-11 of the Revised General Ordinances of 1976. Amendments noted where applicable.]
§ 187-1. Prohibition.
No person shall disturb the exercises of any school or molest or give annoyance to children
attending such school or any teacher therein.
§ 187-2. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89; 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
187:1
Chapter 191
SEWERS
ARTICLE I
General Provisions
§ 191-1.
Purpose and policy.
§ 191-2.
Word usage and definitions.
ARTICLE II
Sewers
§ 191-3.
Certain wastes and discharges prohibited; connection required.
§ 191-4.
Connections; standards.
§ 191-5.
Use.
§ 191-6.
Protection from damage.
ARTICLE III
Waste and Wastewater
§ 191-7.
Limitations on wastewater strength.
§ 191-8.
Disposal of unacceptable wastes.
ARTICLE IV
Wastewater Volume
§ 191-9.
Metered water supply.
§ 191-10.
Metered wastewater volume and metered divisions.
§ 191-11.
Estimated wastewater volume.
ARTICLE V
Permits, Reports and Administration
§ 191-12.
Sewer connection permits.
§ 191-13.
Discharge reports.
§ 191-14.
Wastewater discharge permits.
§ 191-15.
Monitoring facilities.
§ 191-16.
Pretreatment.
§ 191-17.
Protection from accidental discharge.
§ 191-18.
Confidential information.
§ 191-19.
Special agreements.
ARTICLE VI
Wastewater Charges and Fees
§ 191-20.
Sewer rates.
§ 191-20.1. Security deposit for sewer service.
§ 191-20.2. Sewer line cleaning and inspection charges.
§ 191-20.3. Sewer connection fee.
§ 191-21.
Classification of users.
§ 191-22.
Types of charges and fees.
§ 191-23.
Basis for determination of charges.
191:1
§ 191-1
BUTLER CODE
§ 191-1
ARTICLE VII
Enforcement
§ 191-24.
Accidental discharges.
§ 191-25.
Issuance of cease and desist orders.
§ 191-26.
Submission of time schedule.
§ 191-27.
Appeals.
ARTICLE VIII
Abatement
§ 191-28.
Public nuisance.
§ 191-29.
Injunction.
§ 191-30.
Damage to facilities.
§ 191-31.
Correction of violations; collection of costs.
§ 191-32.
Violations and penalties.
§ 191-33.
Falsifying of information.
§ 191-34.
Inspection and maintenance of facilities; termination of services.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 10-19-1976 by
Ord. No. 76-17. Amendments noted where applicable.]
GENERAL REFERENCES
Sewerage Authority — See Ch. 50.
Individual sewage disposal systems — See Ch.
260.
ARTICLE I
General Provisions
§ 191-1. Purpose and policy.
A. An attempt has been made throughout this chapter to employ standard or common
definitions and terms which are in common usage among dischargers or regulatory
agencies. Whenever possible, wording used in the 1972 Amendments to the Federal
Water Pollution Control Act (PL 92-500) have been used. In addition, extensive wording
relating to pretreatment standards and effluent limitations has been extracted from the
Federal Guidelines, Pretreatment of Pollutants Introduced Into Publicly Owned Treatment
Works, published by the Environmental Protection Agency in October 1973.
B. This Wastewater Discharge Ordinance sets uniform requirements for discharges into the
wastewater collection and treatment system and enables the Borough to comply with
applicable effluent limitations, national standards of performance and other criteria which
are required or authorized by state or federal law, and to derive the maximum public
benefit by regulating the quality and quantity of wastewater discharged into the sewer
system. This chapter provides a means for determining wastewater volumes, constituents
and characteristics, the setting of charges and fees and the issuance of permits to certain
users. Revenues derived from the application of this chapter shall be used to defray the
cost of operating and maintaining adequate wastewater collection and treatment systems
and to provide sufficient funds for capital outlay, bond service costs, capital
improvements and depreciation. Charges and fees, as hereinafter referred to, have been
established pursuant to Borough ordinances.
191:2
§ 191-2
SEWERS § 191-2
§ 191-2. Word usage and definitions.
A. Unless otherwise defined herein, terms shall be as adopted in the latest edition of
Standard Methods for the Examination of Water and Wastewater, published by the
American Public Health Association, the American Water Works Association and the
Water Pollution Control Federation. Waste constituents and characteristics shall be
measured by Standard Methods unless expressly stated, or as established by federal or
state regulatory agencies.
B.
As used in this chapter, the following terms shall have the meanings indicated:
BENEFICIAL USES — Uses of the waters of the state that may be protected against
quality degradation, including domestic, municipal, agricultural and industrial supply,
power generation, recreation, aesthetic enjoyment, navigation and the preservation and
enhancement of fish, wildlife and other uses, both tangible or intangible as specified by
federal or state law.
BOROUGH — The Borough of Butler, Morris County, New Jersey.
BOROUGH SEWER — A sewer owned and operated by the Borough tributary to a
treatment facility operated by the Borough or an authority incorporating the Borough.
BUILDING CONNECTION — A sewer conveying wastewater from the premises of a
user to the Borough sewer.
BUILDING PLUMBING SYSTEM — All the plumbing work within the building and to
a point five feet outside of the building which conveys sewage from within the
building to the sewer connection outside of the building.
COMBINED SEWER — A sewer receiving both surface runoff and wastewater.
COMPATIBLE POLLUTANT — Biochemical oxygen demand, suspended solids, pH
and fecal coliform bacteria, plus additional pollutants identified in the Borough's National
Pollutant Discharge Elimination System (NPDES) permit if the treatment works were
designed to treat such pollutants, and in fact do remove such pollutants to a substantial
degree.
CONTAMINATION — An impairment of the quality of the waters of the state by waste to
a degree which creates a hazard to the public health through poisoning or through the spread
of disease. "Contamination" shall include any equivalent effect resulting from the disposal of
wastewater, whether or not waters of the state are affected.
FEDERAL ACT — The Federal Water Pollution Control Act, PL 92-500, and any
amendments thereto; as well as any guidelines, limitations and standards promulgated by the
Environmental Agency pursuant to the Act.
GARBAGE — Solid wastes from the preparation, cooking and dispensing of food and
from the handling, storage and sale of produce.
HOLDING TANK WASTE — Any waste from holding tanks such as vessels, chemical
toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
191:3
§ 191-2
SEWERS § 191-2
INCOMPATIBLE POLLUTANT — Any pollutant which is not a "compatible
pollutant," as defined in this section.
INDUSTRIAL WASTES — The wastes from industrial processes as distinct from domestic
waste.
MAIN SEWER — The sewers laid longitudinally along the center line or other part of the
streets or other rights-of-way and to which all owners of abutting properties have equal
rights and which is controlled by public authority.
MAJOR CONTRIBUTING INDUSTRY — Any wastewater contributor identified in the
Standard Industrial Classification (SIC) Manual in any of Divisions A, B, C, E and I that:
(1) Has a discharge flow of 50,000 gallons or more per average work day (If seasonal, the
average shall be computed on the period of use.);
(2) Has a flow or pollutant loading greater than 2% of the design capacity of the
treatment works;
(3) Has in its wastes toxic pollutants in toxic amounts as defined in the standards
issued under Section 307(a) of the Federal Water Pollution Control Act
Amendments of 1972; or
(4) Is found by the Borough's authorized representative to have significant impact,
either singly or in combination with other contributing industries, on the treatment works or
upon the quality of effluent from the treatment works.
MANAGER — The designated Borough representative, e.g., the Superintendent of
Sewers for the Borough of Butler.
MASS EMISSION RATE — The weight of material discharge to the Borough sewer system
during a given time interval. Unless otherwise specified, the "mass emission rate" shall mean
pounds per day of a particular constituent or combination of constituents.
PERSON — Any individual, firm, company, partnership, association, and private, public and
municipal corporations responsible corporate officer, the United States of America, the State
of New Jersey, districts and all political subdivisions, governmental agencies and
mandatories thereof.
POLLUTION — An alteration of the quality of the waters of the state by waste to a
degree which unreasonably affects such waters for beneficial use or affects the facilities which
serve such beneficial uses. "Pollution" may include contamination.
PREMISES — A parcel of real estate or portion thereof, including any improvements thereon
which is determined by the Borough to be a single user for purposes of receiving, using
and paying for service.
RECLAIMED WATER — Water which, as a result of treatment of waste, is suitable for direct
beneficial use or a controlled use that would not otherwise occur.
SANITARY SEWER — A sewer which carries wastewater and to which storm-, surface and
ground waters are not intentionally admitted.
191:4
§ 191-2
SEWERS
§ 191-2
SEWER EXTENSION — That part of the sewer system that runs from the main sewer to the
curbline, and includes all necessary fittings.
STORM SEWER OR STORM DRAIN — A sewer which carries storm- and surface
waters and drainage, but excludes wastewater and polluted wastes.
TREATMENT WORKS — Any devices and systems used in the storage, treatment, recycling
and reclamation of municipal sewage or industrial wastes of a liquid nature or necessary to
recycle or reuse water at the most economical cost over the useful life of the works, including
interceptor sewers, outfall sewers, sewage collection systems, pumping, power and other
equipment and appurtenances; extensions, improvements, remodeling, additions and alterations
thereof; elements essential to provide a reliable recycled supply such as standby treatment units
and clear well facilities; and any works, including site acquisition of the land that will be an
integral part of the treatment process or is used for ultimate disposal of residues resulting
from such treatment; or any other method or system for preventing, abating, reducing,
storing, treatment, separating or disposing of municipal waste, including stormwater runoff, or
industrial waste, including waste in combined stormwater and sanitary sewer systems.
UNPOLLUTED WATER — Water to which no constituent has been added, either intentionally
or accidentally, which would render such water unacceptable to the agency having jurisdiction
thereof for disposal to storm or natural drainages or directly to surface waters.
USER — Any person that discharges, causes or permits the discharge of wastewater into a
community sewer.
USER CLASSIFICATION — A classification of user based on the 1972 Edition of the
Standard Industrial Classification (SIC) Manual prepared by the Executive Office of
Management and Budget.
WASTE — Includes sewage and any and all other waste substances, liquid, solid,
gaseous or radioactive, associated with human or animal origin, or from any producing,
manufacturing or processing operation of whatever nature, including such waste placed within
containers or whatever nature prior to, and for purposes of, disposal.
WASTEWATER — Waste and water, whether treated or untreated, discharged into or permitted
to enter a community sewer.
WASTEWATER CONSTITUENTS AND CHARACTERISTICS — The individual chemical,
physical, bacteriological and radiological parameters, including volume and flow-rate and
such other parameters that serve to define, classify or measure the contents, quality, quantity and
strength of wastewater.
WATERS OF THE STATE — Any water, surface or underground, including saline
waters within the boundaries of the state.
191:5
§ 191-3
SEWERS
§ 191-4
ARTICLE II
Sewers
§ 191-3. Certain wastes and discharges prohibited; connection required.
A. It shall be unlawful for any person to place, deposit or permit to be deposited in an
unsanitary manner upon public or private property within the Borough of Butler or in any
area under the jurisdiction of said Borough any human or animal excrement, garbage or
other objectionable waste.
B. It shall be unlawful to discharge to any waters of the state or in any area under the
jurisdiction of the Borough any wastewater, industrial wastes or other polluted waters,
except where suitable treatment has been provided in accordance with subsequent
provisions of this chapter.
C. Except as hereinafter provided, it shall be unlawful to construct or maintain any
privy, privy vault, septic tank, cesspool or other facility intended or used for the
disposal of sewage.
D. The owner of all houses, buildings or properties used for human occupancy,
employment, recreation or other purpose, situated within the Borough and abutting on
any street, alley or right-of-way in which there is now located or may, in the future
be located a public sanitary sewer of the Borough, is hereby required at his expense to
install suitable toilet facilities directly with the proper public sewer, in accordance with
the provisions of this chapter, within 90 days after date of official notice to do so,
provided that said public sewer is within 100 feet of the property line.
§ 191-4. Connections; standards.
A. All costs and expenses incident to the installation and connection to a public sewer
shall be borne by the owner. The owner shall indemnify the Borough from any loss or
damage that may, directly or indirectly, be occasioned by the installation of a building
connection.
B. A separate and independent building connection shall be provided for every
building, except where one building stands at the rear of another on an interior lot and
no private sewer is available or can be constructed to the rear building through an
adjoining alley, court, yard or driveway, in which case the building connection
from the front building may be extended to the rear building and the whole
considered as one building connection.
C. A portion of the existing outside piping of the building plumbing system may be used
in connection with the building connection only when it is found, upon examination
and test by the Manager, to meet all requirements of this chapter.
D. The building connection pipe shall be made of extra heavy cast-iron pipe or
asbestos-cement rubber-ring pipe properly jointed. Cast-iron pipe shall be jointed
with lead, sulphur or equal jointing compounds, except that lead joints shall
be used exclusively where the pipe is located within 10 feet of a water-service pipe or
where it is exposed to damage by tree roots. Only cast-iron pipe shall be used where
the pipe passes under a driveway or other areas where, in the opinion of the Manager,
its preference over asbestos-cement pipe is warranted.
191:6
§ 191-4
SEWERS § 191-4
E. The diameter of the building connection pipe shall be not less than four inches and
not greater than six inches, unless otherwise approved by the Manager. The
building connection shall be laid on a uniform grade, wherever practicable, at a
straight grade of at least 1/4 inch per foot. Where, in special cases, a minimum grade
on 1/4 inch per foot cannot be maintained, a grade of 1/8 inch per foot will be
permitted, but only after the Manager is amply notified and gives his approval.
F. Wherever possible, the building connection shall be brought to the building at an
elevation below the basement floor. No building connection shall be laid parallel to or
within three feet of any bearing wall which might thereby be weakened. The depth shall
be sufficient to afford protection from frost. The building connection shall be laid at
uniform grade in the direction of the main sewer to the building and in straight alignment
insofar as possible. Change in direction shall be made only with properly curved pipe
and fittings.
G. In all structures in which the building plumbing is too low to permit gravity flow to the
Borough sewer, wastewater carried by such drain shall be lifted by approved artificial
means and discharged to the building connection.
H. When installing the building connection, the trenches shall be dug in a careful manner
and properly sheathed where required. The road materials shall be placed in a separate
pile and not mixed with the rest of the excavated materials which must be piled in a
compact heap, so placed as to cause the least possible inconvenience to the public.
Proper barricades and lights must be maintained around the trench to guard against
accidents.
(1) In backfilling, the material for the two feet immediately over the pipe shall be
selected so that it contains no stones. This must be carefully tamped, the balance of
the trench to be backfilled in a workmanlike manner, tamping and filling in
eight-inch layers so as to avoid any settlement. When the trench has been filled to
the proper height, the road material is to be replaced and heavily tamped or rolled.
(2) Where the trench is excavated in rock, the rock must be carefully excavated to a
depth of six inches below the grade line of the sewer and the trench brought to the
proper elevation with gravel or other material satisfactory to the Manager. The
remainder of the trench must be backfilled with suitable material.
(3) Nothing in this section shall be construed as abrogating any of the existing
requirements of the Borough relating to the excavation and backfilling of trenches,
but the requirements herein contained shall be in addition thereto.
(4) Where subsoil conditions are bad, such special precaution must be taken to secure
a watertight job as may be directed by the Manager. In quicksand, all pipes must
be laid out on planking, two inches thick by at least 12 inches wide.
I.
All joints and connections shall be made gastight and watertight.
(1) Cast-iron pipe joints shall be firmly packed with jute, hemp or equal yarning
material and hot-poured with a melted lead or sulfur compound to a depth of not
less than one inch. The jointing compound shall be run in one pouring and caulked
tight. No paint, varnish or other coatings shall be permitted on the jointing material
until after the joint has been tested and approved by the Manager. Material for
hot-poured joints shall not soften sufficiently to destroy the effectiveness of the
joint when subjected to a temperature of 160° F., nor be soluble in any of the
wastes carried by the drainage system.
191:7
§ 191-4
BUTLER CODE
§ 191-4
(2) Joints for asbestos-cement pipe shall be the standard rubber-ring coupling type and
installed in accordance with the manufacturer's instructions.
(3)
Other jointing materials and methods may be used only upon approval by the
Manager.
J.
Connection to sewer extension or main sewer.
(1) The connection of the building connection to the main sewer shall be made at the
sewer extension at the curbline or, if no sewer extension exists, connection shall be
made at the nearest available Y-connection on the main sewer. The Manager will
designate the position of the end of the sewer extension at the curbline or the
Y-connection on the main sewer, whichever is appropriate. If it becomes necessary
to cut into the main sewer, since no other source of connection is available, then
such connection shall be made as directed by and under the supervision of the
Manager. The dead ends of all pipes not immediately connected with the house
plumbing system must be securely closed by a watertight cover of imperishable
material. No building connection shall be made to a manhole of the sewer system.
(2) Prior to any connection to the sewer extension or to the main sewer, the Manager
must be given ample notice in order that he may supervise such work. If the
Manager has not been given ample notice, he may require the completed work to
be uncovered for examination, at the owner's own expense.
K. The use of cleanouts on the building connection shall be made by installing a Y- and
one-eighth bend. The cleanouts shall ordinarily be installed at the point of construction
between the building connection and outside part of the building plumbing system, at all
curves on the building connection and on the straight part of the building sewer. The
cleanout shall be brought up from the building connection to eight inches below ground
level and be properly capped. Where the distance from the building to a point connection
at the main sewer is less than 50 feet, and there are no curves in this distance, the
cleanout in the building will be sufficient if it is at least six inches above the basement
floor. Where the distance exceeds 50 feet, at least one cleanout 20 feet from the building
shall be provided.
L. Where a connection is made between the portion of the building plumbing system
outside of the structure and the building connection, a long-radius bend shall
appropriately be installed at this connection, along with a cleanout as described above.
This connection shall be subject to the approval of the Manager, who shall be given
ample notice prior to such work.
M. Before any portion of the existing plumbing system outside of the building is connected
to the building connection, the owner shall prove, to the satisfaction of the Manager, that
it is clean and conforms in every respect to these rules and regulations.
N. Where extra-heavy cast-iron pipe is installed for house connections, such work shall be
performed by a plumber licensed and approved by the Borough.
191:8
§ 191-4
SEWERS
§ 191-5
O. The Manager may apply any appropriate test to the pipes, and the plumber and
contractor, at his own expense, shall furnish all necessary tools, labor, materials and
assistants for such tests and shall remove any defective materials when so ordered by the
Manager.
P. Each contractor or other person performing work on Borough public property for the
purpose of installing building connections shall post a bond acceptable to the Borough.
All work shall be adequately guarded with barricades, lights and other measures for
protection to the public from hazard. Streets, sidewalks, curbs and other public property
disturbed in the course of the work shall be restored in a manner satisfactory to the
Borough.
Q. The owner of any house, building or property who hooks into the sanitary sewer where
there is an existing septic system must fill in the existing septic system within 30 days of
making connection to the sanitary sewer.
R. If a building is served by an individual sewage disposal system, which ceases to function
properly, and if any replacement or addition of septic tanks, seepage pits or leaching
fields and trenches are necessary, in the opinion of the Borough Sanitarian, to cause the
system to function properly or it is not in the public interest to permit a minor repair to
said system, the owner of the building and property must connect to the sanitary sewer
system of the Borough, if said sewer system is located within 100 feet of the property.
[Added 5-8-1990 by Ord. No. 1990-101 ]
§ 191-5. Use.
A. Prohibitions of discharges. No person shall discharge wastes to a Borough sewer which
cause, threaten to cause, or are capable of causing, either alone or by interaction with
other substances, the following:
(1)
A fire or explosion.
(2)
Obstruction of flow or injury to the treatment works.
(3)
Danger to life or safety of personnel.
(4) A strong offensive odor or prevention of the effective maintenance or operation of
the treatment works.
(5) Air pollution by the release of toxic or malodorous gases or malodorous
gas-producing substances.
(6)
Interference with the wastewater treatment process.
(7) The effluent or any other product of the treatment process, residues, sludges or
scums, to be unsuitable for reclamation and reuse or to interfere with the
reclamation process.
1. Editor's Note: This ordinance also repealed former § 191-4R dealing with the same subject matter.
191:9
§ 191-5
BUTLER CODE
§ 191-5
(8) A detrimental environmental impact or a nuisance in the waters of the state or a
condition unacceptable to any public agency having regulatory jurisdiction over the
Borough.
(9) Discoloration or any other condition in the quality of the treatment works effluent,
such that receiving water quality requirements established by law cannot be met.
(10) Conditions at or near the treatment works which violate any statute or any rule,
regulation or ordinance of any public agency or state or federal regulatory body.
(11) The treatment works to be overloaded or cause excessive Borough collection or
treatment costs, or may use a disproportionate share of the Borough facilities.
(12) Any waters or wastes containing a toxic or poisonous substance in sufficient
quantity to injure or interfere with any wastewater treatment process, constitute a
hazard to humans or animals or create any hazard in the receiving waters of the
treatment works.
B. Prohibitions on storm drainage and groundwater.
(1) Stormwater, groundwater, rain water, street drainage, subsurface drainage or yard
drainage shall not be discharged through direct or indirect connections to a
Borough sewer unless a permit is issued. The Borough may approve the discharge
of such water only when no reasonable alternative method of disposal is available.
(2) If a permit is granted for the discharge of such water into a Borough sewer, the
user shall pay the applicable charges and fees and meet such other conditions as
required by the Borough.
C. Prohibition on unpolluted water.
(1) Unpolluted water, including but not limited to cooling water, process water or
blow-down from cooling towers or evaporative coolers, shall not be discharged
through direct or indirect connection to a Borough sewer unless a permit is issued.
The Borough may approve the discharge of such water only when no reasonable
alternative method of disposal is available.
(2) If a permit is granted for the discharge of such water into a Borough sewer, the
user shall pay the applicable charges and fees and shall meet such other conditions
as required by the Borough.
D. Limitations on radioactive wastes. No person shall discharge or cause to be discharged
any radioactive waste into a Borough sewer except when:
(1) The person is authorized to use radioactive materials by the State Department of
Health or other governmental agency empowered to regulate the use of radioactive
material;
(2) The waste is discharged in strict conformity with current New Jersey regulations
and the United States Nuclear Regulatory Commission regulations and
recommendations for safe disposal; and
191:10
§ 191-5 SEWERS § 191-6
(3) The person is in compliance with all rules and regulations of all other applicable
regulatory agencies.
E. Limitations on the use of garbage grinders.
(1) Waste from garbage grinders shall not be discharged into a Borough sewer except:
(a) Wastes generated in preparation of food normally consumed on the premises;
or
(b) Where the user has obtained a permit for that specific use from the Borough
and agrees to undertake whatever self-monitoring is required to enable the
Borough to equitably determine the charges and fees based on the waste
constituents and characteristics.
(2) Such permitted grinders must shred the waste to a degree that all particles will be
carried freely under normal flow conditions prevailing in the Borough sewer with
no particle greater than 1/2 inch in any dimension.
F. Holding tank waste. No person shall discharge any holding tank waste into a Borough
sewer unless he has been issued a permit. Unless otherwise allowed by the Borough
under the terms and conditions of the permit, a separate permit must be secured for each
separate discharge. This permit will state the specific location of discharge, the time of
day the discharge is to occur, the volume of the discharge and the wastewater
constituents and characteristics. If a permit is granted for discharge of such waste into a
Borough sewer, the user shall pay the applicable charges and fees and shall meet such
other conditions as required. An exception to the above is that no permit will be required
for discharge of domestic wastes from mobile home holding tanks, provided that such
discharges are made into a Borough-approved facility designed to receive such wastes.
G. Grease, oil and sand interceptors.
(1) Grease, oil and sand interceptors shall be provided and maintained at the owner's
expense when, in the opinion of the Manager, they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts or any flammable
wastes, sand and other harmful ingredients; except that such interceptors shall not
be required for private living quarters or dwelling units. All interceptors shall be of
a type and capacity approved by the Manager and shall be located as to be readily
and easily accessible for cleaning and inspection.
(2) Grease and oil interceptors shall be constructed of impervious materials capable of
withstanding abrupt and extreme changes in temperature. They shall be of
substantial construction, watertight and equipped with easily removable covers
which, when bolted in place, shall be gastight and watertight.
§ 191-6. Protection from damage.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance or equipment which is part of the
treatment works.
191:11
§ 191-7
BUTLER CODE
§ 191-7
ARTICLE III
Waste and Wastewater
§ 191-7. Limitations on wastewater strength.
A. No person shall discharge wastewater containing in excess of:
(1)
One-tenth milligram per liter of arsenic.
(2) Two-tenths milligram per liter of cadmium.
(3) Two and zero-tenths milligrams per liter of copper.
(4) One and zero-tenths milligram per liter of cyanide.
(5) One and zero-tenths milligram per liter of lead.
(6) One-hundredth milligram per liter of mercury.
(7)
One and zero-tenths milligram per liter of nickel.
(8)
Two-tenths milligram per liter of silver.
(9)
Five-tenths milligram per liter of total chromium.
(10) Three and zero-tenths milligrams per liter of zinc.
(11) Three hundred milligrams per liter of biochemical oxygen demand.
(12) Three hundred fifty milligrams per liter of suspended solids.
B. No person shall discharge any wastewater:
(1) Having a temperature higher than 150° F. [65.5° C.].
(2)
Containing more than 100 milligrams per liter of oil or grease of animal or
vegetable origin.
(3)
Containing more than 100 milligrams per liter of oil or grease of mineral or
petroleum origin.
(4) Having a pH lower than 6.0 or higher than 9.0.
(5)
Containing in excess of 0.02 milligram per liter of total identifiable chlorinated
hydrocarbons which cannot be removed by the wastewater treatment process.
(6)
Containing in excess of 1.0 milligram per liter of phenolic compounds which
cannot be removed by the wastewater treatment process.
C. Effluent limitations promulgated by the Federal Act shall apply in any instance where
they are more stringent than those in this chapter. Under Section 3-7(b) of the Act,
federal pretreatment standards are designed to achieve two purposes: to protect the
operation of publicly owned treatment works and to prevent the discharge of pollutants
which pass through such works inadequately treated. Users in industrial categories
191:12
§ 191-7 SEWERS § 191-9
subject to effluent guidelines issued under Section 304(b) of the Act which are
discharging incompatible pollutants to publicly owned treatment works are required to
adopt best practicable control technology currently available, as defined by the
Administrator pursuant to Section 304(b) of the Act. Where the treatment works was
designed to and does achieve substantial removal of pollutants other than the four
pollutants listed in the definition for compatible pollutants in § 191-2 (BOD, suspended
solids, pH and fecal coliform bacteria), the Borough may, at its discretion, not require the
user to achieve the best practicable control technology currently available, since this
would lead to an uneconomical duplication of treatment facilities. While the term
"substantial removal" is not subject to precise definition, it generally contemplates
removals in the order of 80% or greater. Minor incidental removals in the order of 10%
to 30% are not considered "substantial." For some industrial categories, it may be
necessary to define pretreatment guidelines for problems that may arise as a result of the
discharge into the Borough treatment works. However, any adjustments required for
particular industrial categories should be considered in connection with the Borough
requirements rather than in the national pretreatment standard. Limitations on wastewater
strength in § 191-7A and B of this chapter may be supplemented with more stringent
limitations pursuant to § 191-14D:
(1) If the Borough determines that the limitations in § 191-7A and B may not be
sufficient to protect the operation of the treatment works; or
(2) If the Borough determines that the limitations in § 191-7A and B may not be
sufficient to enable the treatment works to comply with water quality standards of
effluent limitations specified in the National Pollutant Discharge Elimination
System (NPDES) permit issued for the wastewater treatment facility.
§ 191-8. Disposal of unacceptable wastes.
Wastes not permitted to be discharged into the Borough sewer must be transmitted to a state
approved disposal site. The required Waste Haulers Report must be completed and a copy
furnished within 30 days to the Borough by the discharger.
ARTICLE IV
Wastewater Volume
§ 191-9. Metered water supply.
When charges and fees are based upon the water usage, such charges and fees shall be applied
against the total amount of water used from all courses unless, in the opinion of the Borough,
significant portions of water received are not discharged to a Borough sewer. The total
amount of water used from public and private sources will be determined by means of public
meters or private meters, installed and maintained at the expense of the user and approved by
the Borough.
191:13
§ 191-10 BUTLER CODE § 191-12
§ 191-10. Metered wastewater volume and metered divisions.
When charges and fees are based upon water usage and where, in the opinion of the Borough,
a significant portion of the water received from any metered source does not flow into the
Borough sewer because of the principal activity of the user or removal by other means, the
charges and fees will be applied against the volume of water discharged from such premises
into the Borough sewer. Written notification and proof of the diversion of water must be
provided by the use and approved by the Borough, if the use is to avoid the application of the
charges and fees against the total amount of water used from all sources. The user may install
a meter of a type and at a location approved by the Borough and at the user's expense. Such
meters shall measure either the amount of sewage discharged or the amount of water
delivered. Such meters shall be maintained at the expense of the user and be tested for
accuracy at the expense of the user when deemed necessary by the Manager.
§ 191-11. Estimated wastewater volume.
A. Users without source meters. For users where, in the opinion of the Borough, it is
necessary or impractical to install meters, the charges and fees may be based upon an
estimate of the volume to be discharged, prepared by the Borough. A rational method
will be used to estimate the quantity of wastewater discharged and may consider such
factors as the number of fixtures, seating capacity, population equivalent, annual
production of goods and services or such other determinations of water use necessary to
estimate the wastewater volume discharged.
B. Users with source meters. For users who, in the opinion of the Borough, divert a
significant portion of their flow away from the Borough sewer, charges and fees may be
based upon an estimate of the flow and volume to be discharged, prepared by the user
and approved by the Borough, provided that the user obtains a wastewater discharge
permit and pays the applicable charges and fees. The estimate must include the method
and calculations used to determine the wastewater volume and may consider such factors
as the number of fixtures, seating capacity, population equivalents, annual production of
goods and services, or such other determinations of water use necessary to estimate the
wastewater volume discharged.
ARTICLE V
Permits, Reports and Administration
§ 191-12. Sewer connection permits. [Amended 12-15-1987 by Ord. No. 17-87;
9-20-1988 by Ord. No. 25-88; 2-13-1990 by Ord. No. 1990-4; 2-9-1993 by Ord. No.
1992-28]
A. No unauthorized person shall uncover, make any connections with or opening into, use,
alter or disturb any Borough sewer or appurtenance thereof without first obtaining a
written permit from the Construction Official.
B. There shall be two classes of public sewer connection permits, for residential and
commercial services and for service to establishments producing industrial wastes. In
either case, the owner or his or her agent shall make application on a special form
191:14
§ 191-12 SEWERS § 191-14
provided by the Borough. The permit applications shall be supplemented by any plans,
specifications or other information considered pertinent in the judgment of the Borough
Engineer.
C. The current permit and inspection fee for a residential, a commercial or an industrial
public sewer connection, as well as the sewer connection charge, shall be paid to the
Construction Official at the time the application is filed.
§ 191-13. Discharge reports.
The Borough may require that any person discharging or proposing to discharge wastewater
into a Borough sewer file a periodic discharge report. The discharge report may include, but
not be limited to, nature of process, volume, rates of flow, mass emission rate, production
quantities, hours of operation, number and classification of employees, or other information
which relates to the generation of waste, including wastewater discharge. Such reports may
also include the chemical constituents and quantity of liquid or gaseous materials stored on
site even though they are not normally discharged. In addition to discharge reports, the
Borough may require information in the form of wastewater discharge permit applications and
self-monitoring reports.
§ 191-14. Wastewater discharge permits.
A. Mandatory permits. Each "major contributing industry" as defined in § 191-2, or other
users with a discharge equivalent to that of a major contributing industry, if not
connected to a Borough sewer, must obtain a wastewater discharge permit before
connecting to or discharging into a Borough sewer. Each currently connected "major
contributing industry" or equivalent user must obtain a wastewater discharge permit
within 90 days after the effective date of this chapter.
B. Optional permits. The Manager may issue a wastewater discharge permit to any user,
upon application, in accordance with the terms of this section in the following categories:
(1) A user who requests charges and fees to be based on an estimate of wastewater
flow; or
(2) Any user whose wastewater strength is less than the normal range for the user
classification to which he is assigned because of pretreatment, process changes or
other reasons.
C. Permit application.
(1) Users seeking a wastewater, discharge permit shall complete and file with the
Manager an application in the form prescribed by the Manager and accompanied
by the applicable fees. The applicant may be required to submit, in units and terms
appropriate for evaluation, the following information:
(a) Name, address and Standard Industrial Classification (SIC) number of
applicant.
191:15
§ 191-14
BUTLER CODE
§ 191-14
(b) Volume of wastewater to be discharged.
(c) Wastewater constituents and characteristics, including but not limited to those
mentioned in § 191-7 as determined by a laboratory approved by the
Borough.
(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 process on the premises,
including all materials, processes 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 approval of all the data required, the
Manager may issue a wastewater discharge permit subject to terms and conditions
provided herein.
D. Permit conditions. Wastewater discharge permits shall be expressly subject to all
provisions of this chapter and all other ordinances, regulations, charges and fees
established by the Borough. The conditions of wastewater discharge permits shall be
uniformly enforced by the Manager in accordance with this chapter, and applicable state
and federal regulations. Permits may contain the following:
(1) The unit charge or schedule of charges and fees for the wastewater to be
discharged to a Borough sewer.
(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) Specifications for monitoring programs which may include sampling locations,
frequency and method of sampling, number, types, and standards for tests and
reporting schedule.
(7)
Requirements for submission of technical reports or discharge reports.
191:16
§ 191-14
SEWERS
§ 191-15
(8) Requirements for maintaining plant records relating to wastewater discharge as
specified by the Borough, and affording Borough access thereto.
(9) Mean and maximum mass emission rates, or other appropriate limits when
incompatible pollutants (as defined by § 191-2) are proposed or present in the
user's wastewater discharge.
(10) Other conditions as deemed appropriate by the Borough to ensure compliance with
this chapter.
E. Duration of permits. Wastewater discharge permits shall be issued for a specified time
period, not to exceed five years. A permit may be issued for a period less than a year or
may be stated to expire on a specific date. If the user is not notified by the Borough 30
days prior to the expiration of the permit, the permit shall be extended one additional
year. The terms and conditions of the permit may be subject to modification and change
by the Borough during the life of the permit as limitations or requirements as identified
in § 191-7 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 change. Any changes
or new conditions in the permit shall include a reasonable time schedule for compliance.
F.
Transfer of a 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.
G. Revocation of permit. Any user who violates the conditions of the wastewater drainage
permit, any provisions of this chapter, applicable state and federal regulations, or any of
the following, is subject to having his permit revoked:
(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; or
(3) Refusal of reasonable access to user's premises for the purpose of inspection or
monitoring.
§ 191-15. Monitoring facilities.
A. Users who propose to discharge or who, in the judgment of the Borough, could discharge
now or in the future wastewater with constituents and characteristics different from those
produced by a domestic premises (see § 191-23) will be required to install a monitoring
facility.
B. When more than one user can discharge into a common building sewer, the Borough
may require installation of a separate monitoring facility for each user. Also when, in the
judgment of the Borough, there is a significant difference in wastewater constituents and
characteristics produced by different operations of a single user, the Borough may require
that separate monitoring facilities be installed for each separate discharge.
191:17
§ 191-15 BUTLER CODE § 191-16
C. Monitoring facilities that are required to be installed shall be constructed, operated and
maintained at the user's expense. The purpose of the facility is to enable inspection,
sampling and flow measurement of wastewaters produced by a user. If sampling or
metering equipment is also required by the Borough, it shall be provided, installed and
separated at the user's expense. The monitoring facility will normally be required to be
located on the user's premises, outside of the building. The Borough may, however, when
such a location would be impractical or cause undue hardship on the user, allow the
facility to be constructed in the public street or sidewalk area, with the approval of the
Borough, and located so that it will not be obstructed by landscaping or parked vehicles.
D. If the monitoring facility is inside the user's fence, there shall be accommodations to
allow safe and immediate access for Borough personnel, such as a gate secured with a
Borough lock. There shall be ample room in or near such facility to allow accurate
sampling and compositing of samples for analysis. The entire facility and the sampling
and measuring equipment shall be maintained at all times in a safe and proper condition
by and at the expense of the user.
E. Whether constructed on public or private property, the monitoring facilities shall be
constructed in accordance with the Borough requirements and all applicable local agency
construction standards and specifications.
F. When, in the judgment of the Borough, an existing user requires a monitoring facility,
the user will be so notified in writing. Construction must be completed within 90 days
following written notification unless a time extension is otherwise granted by the
Borough.
G. The Borough may inspect the facilities of any user to ascertain whether the purpose of
this chapter is being met and all requirements are being complied with. Persons or
occupants of premises where wastewater is created or discharged shall allow the Borough
or its representative ready access at all reasonable times to all parts of the premises for
the purpose of inspection or sampling or in the performance of any of their duties. The
Borough shall have the right to set up on the user's property such devices as are
necessary to conduct sampling or metering operations. Where a user has security
measures in force which would require proper identification and clearance before entry
into their premises, the user shall make necessary arrangements with their security guards
so that, upon presentation of suitable identification, personnel from the Borough will be
permitted to enter without delay for the purpose of performing their specific
responsibilities.
§ 191-16. Pretreatment.
Users shall cause wastewater to be acceptable under the limitations established herein before
discharging into any Borough sewer. Any facilities required to pretreat wastewater to a level
acceptable to the Borough shall be provided and maintained at the user's expense. Detailed
plans showing the pretreatment facilities and operating procedures shall be submitted to the
Borough for review and shall be approved by the Borough before construction of the facility.
The review and approval of such plans and operating procedures will in no way relieve the
user from the responsibility of modifying the facility as necessary to produce an effluent
191:18
§ 191-16 SEWERS § 191-19
complying with the provisions of this chapter. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to and be approved by the Borough.
§ 191-17. Protection from accidental discharge.
A. Each user shall provide protection from accidental discharge of prohibited materials or
other wastes regulated by this chapter. Facilities to prevent accidental discharge of
prohibited materials shall be provided and maintained at the user's expense. Detailed
plans showing facilities and operating procedures to provide this protection shall be
submitted to the Borough for review and shall be approved by the Borough before
construction of the facility.
B. The review and approval of such plans and operating procedures will in no way relieve
the user from the responsibility of modifying the facility as necessary to provide the
protection to meet the requirements of this chapter.
§ 191-18. Confidential information.
A. All information and data on a user obtained from reports, questionnaires, permits and
monitoring programs and from inspections shall be available to the public or any other
governmental agency without restriction unless the user specifically requests and is able
to demonstrate to the satisfaction of the Borough that the release of such information
would divulge information, processes or methods which would be detrimental to the
user's competitive position.
B. When requested by the person furnishing a report, the portions of a report which might
disclose 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,
however, that such portions of a report shall be available for use by the state or any state
agency in judicial review or enforcement proceedings involving the person furnishing the
report. Wastewater constituents and characteristics will not be recognized as confidential
information.
C. Information accepted by the Borough as confidential shall not be transmitted to any
governmental agency or to the general public by the Borough until and unless prior and
adequate notification is given to the user.
§ 191-19. Special agreements.
Special agreements and arrangements between the Borough and any persons or agencies may
be established when, in the opinion of the Borough, unusual or extraordinary circumstances
compel special terms and conditions.
191:19
§ 191-20
BUTLER CODE
§ 191-20
ARTICLE VI
Wastewater Charges and Fees
§ 191-20. Sewer rates. [Amended 1-17-1989 by Ord. No. 3-89; 6-13-1989 by Ord. No.
21-89; 6-18-2019 by Ord. No. 2019-11]
A. There are hereby established rates or charges for the use of the sewer system of the
Borough of Butler. For users within the Borough of Butler, such rate shall be based upon
the amount of water supplied by the water system of the Borough as determined by
meter readings of the fourth quarter of the previous year and the first quarter of the
succeeding year, using these quarters as the basis for also billing the second and third
quarters of each year.
B. For users outside the Borough of Butler who have water supplied by a water system on a
metered basis, such rate shall be a base rate plus a rate based upon the amount of the
water supplied by the water system as determined by meter readings of the fourth quarter
of the previous year and the first quarter of the succeeding year, using these quarters as
the basis for also billing the second and third quarters of each year.
C. For users within the Borough of Butler who are not supplied by a metered water system, there
will be a flat annual sewer charge of Four Hundred Sixty Five Dollars ($465.00) per year.
[Amended 9-23-1997 by Ord. No. 1997-22; 4-19-2005 by Ord. No. 2005-5; 12-20-2011
by Ord. No. 2011-20; 6-18-2019 by Ord. No. 2019-11]
D. For users outside the Borough of Butler who are not supplied by a metered water system,
there will be a flat annual sewer charge of Nine Hundred Thirty Dollars and Zero Cents
($930.00) per year. [Amended 9-23-1997 by Ord. No. 1997-22; 4-19-2005 by Ord. No.
2005-5; 12-20-2011 by Ord. No. 2011-20; 6-18-2019 by Ord. No. 2019-11]
E.
For all users of the sewer system outside the Borough of Butler who are serviced by a
metered water supply system, the base rate shall be determined by the meter size of the water
supply pipe as follows: [Amended 9-23-1997 by Ord. No. 1997-22; 4-19-2005 by Ord.
No. 2005-5; 12-20-2011 by Ord. No. 2011-20; 6-18-2019 by Ord. No. 2019-11 ]
Size of Meter
(inches)
Annual Base Rate
5/8
$465.00
3/4
$670.60
1
$1028.00
1 1/2
$2,503.00
2
$4291.00
3
$8,940.00
4
$16,092.00
6
$32,183.00
191:20
§ 191-20
SEWERS
§ 191-20.1
F. The sewer rate based upon a metered water supply shall be Six Dollars and Fifty Five
Cents ($6.55) per one thousand (1,000) gallons of water supplied to the user as
determined from the meter readings of the fourth quarter of the previous year and the
first quarter of the succeeding year, using these quarters as the basis for also billing the
second and third quarters of each year. [Amended 9-23-1997 by Ord. No. 1997-22; 4-
19-2005 by Ord. No. 2005-5; 12-20-2011 by Ord. No. 2011-20; 6-18-2019 by Ord.
No. 2019-11]
G. The charges for sewer service shall be made in quarterly bills rendered in the month
of January, April, July and October following each quarter for which sewer service
has been supplied and shall be due and payable on the date the bill is rendered..
[Amended ; 12-20-2011 by Ord. No. 2011-20]
H. If bills are not paid within 30 days of the date they are rendered, they shall be delinquent
and shall bear interest on the delinquent amount at a rate as established by the Borough
for delinquent real estate taxes.
I. Amounts due on delinquent bills shall become a lien upon the real estate for which the
sewer service has been supplied, as provided by law.
§ 191-20.1. Security deposit for sewer service. [Added 12-6-1988 by Ord. No. 30-88;
Repealed 12-20-2011 by Ord. 2011-20]
RESERVED
191:21
§ 191-20.2
SEWERS
§ 191-20.3
§ 191-20.2. Sewer line cleaning and inspection charges. [Added 5-8-1990 by Ord. No.
1990-13; amended 12-20-2005 by Ord. No. 2005-27; 12-20-2011 by Ord. No. 2011-20 ]
A. There are hereby established charges for the cleaning and inspection of sanitary sewer
lines outside the limits of the Borough of Butler.
(1) Sewer jet vac truck: $140 per hour.
(2) Operation of jet vac: $60 per hour.
(3) Laborer: $60 per hour.
B. The above charges are for an eight-hour work period. Time in addition to that period will
be billed at a time-and-one-half rate. Saturdays, Sundays and holidays will also be billed
at time and one-half. Outside normal business hours at time and one-half and holidays
are billed at two times the specified hourly rates.
§ 191-20.3. Sewer connection fee. [Added 2-9-1993 by Ord. No. 1992-28; amended
9-23-1997 by Ord. No. 1997-22]
A connection fee shall be charged for each connection of any property with the sewer supply
system. The connection fee shall be $1,500.
191:22
§ 191-21 BUTLER CODE § 191-23
§ 191-21. Classification of users.
All users are to be classified by the Borough either by assigning such one to a user
classification category according to the principal activity conducted on the user's premises, by
individual user analyzation, or by a combination thereof. The purpose of such collective
and/or individual classification is to facilitate the regulation of wastewater discharges based on
wastewater constituents and characteristics to provide an effective means of source control
and to establish a system of charges and fees which will ensure an equitable recovery of the
Borough cost.
§ 191-22. Types of charges and fees.
The charges and fees as established in the Borough schedules of charges and fees may
include, but not be limited to:
A. User classification charges.
B. Fees for monitoring.
C. Fees for permit applications.
D. Appeal fees.
E. Charges and fees based on wastewater constituents and characteristics, to include cost
recovery provisions of the Federal Act.
§ 191-23. Basis for determination of charges.
A. Charges and fees shall be based upon a minimum basic charge for each premises,
computed on the basis of wastewater from a domestic premises with the following
characteristics:
(1)
Biochemical oxygen demand: 250 milligrams per liter.
(2)
Chemical oxygen demand: 375 milligrams per liter.
(3)
Suspended solids: 250 milligrams per liter.
(4)
Oil and grease: 40 milligrams per liter.
(5)
Volume: 224 gallons per day per domestic premises.
B. The charges and fees for all classifications of users other than the basic domestic
premises shall be based upon the relative difference between the average wastewater
constituents and characteristics of that classification as related to those of a domestic
premises.
C. The charges and fees established for permit users shall be based upon the measured or
estimated constituents; and characteristics of the wastewater discharge of that user may
include, but not limited to, biochemical oxygen demand, chemical oxygen demand,
suspended solids, oil and grease, chlorine demand, and volume.
191:23
§ 191-24 SEWERS § 191-26
ARTICLE VII
Enforcement
§ 191-24. Accidental discharges.
A. Notification of discharge.
(1) Users shall notify the Borough immediately upon accidentally discharging wastes
in violation of this chapter to enable counter measures to be taken to minimize
damage to the community sewer, treatment facility, treatment processes and the
receiving waters.
(2) This notification shall be followed, within 15 days of the date of occurrence, by a
detailed written statement describing the causes of the accidental discharge and the
measures being taken to prevent future occurrence.
(3) Such notification will not relieve users of liability for any expense, loss or damage
to the sewer system, treatment plant or treatment process, or for any fines imposed
on the Borough on account thereof for violations of state and federal regulations.
B. Notice to employees. In order that employees of users be informed of Borough
requirements, users shall make available to their employees copies of this chapter,
together with such other wastewater information and notices which may be furnished by
the Borough from time to time directed toward more effective water pollution control. A
notice shall be furnished and permanently posted on the user's bulletin board advising
employees whom to call in case of an accidental discharge in violation of this chapter.
C. Preventive measures. Any direct or indirect connection or entry point for persistent or
deleterious wastes to the user's plumbing or drainage system should be eliminated. Where
such action is impractical or unreasonable, the user shall appropriately label such entry
points to warn against discharge of such wastes in violation of this chapter.
§ 191-25. Issuance of cease and desist orders.
When the Borough finds that a discharge of wastewater has taken place in violation of
prohibitions of limitations of this chapter or the provisions of a wastewater discharge permit,
the Manager may issue an order to cease and desist and direct that those persons not
complying with such prohibitions, limits, requirements or provisions to comply forthwith,
comply in accordance with a time schedule set forth by the Borough or take appropriate
remedial or preventive action in the event of a threatened violation.
§ 191-26. Submission of time schedule.
When the Borough finds that a discharge of wastewater has been taking place, in violation of
prohibitions or limitations prescribed in this chapter, or wastewater source control
requirements, effluent limitations or pretreatment standards, or the provisions of a wastewater
discharge permit, the Borough may require that user to submit for approval, with such
modifications as it deems necessary, a detailed time schedule of specific actions which the
user shall take in order to prevent or correct a violation of requirements.
191:24
§ 191-27 BUTLER CODE § 191-31
§ 191-27. Appeals.
A. Any user, permit applicant or permit holder affected by any decision, action or
determination, including cease and desist orders, made by the Manager, interpreting or
implementing the provisions of this chapter or in any permit issued herein, may file with
the Manager a written request for reconsideration within 10 days of such decision, action
or determination, setting forth in detail the facts supporting the user's request for
reconsideration.
B. If the ruling made by the Manager is unsatisfactory to the person requesting
reconsideration, he may, within 10 days after notification of Borough action, file a written
appeal to the Borough's governing body. The written appeal shall be heard by the
governing body within 30 days from the date of filing. The Borough's governing body
shall make a final ruling on the appeal within 15 days of the close of the meeting. The
Manager's decision, action or determination shall remain in effect during such period of
reconsideration.
ARTICLE VIII
Abatement
§ 191-28. Public nuisance.
Discharges of wastewater in any manner in violation of this chapter or of any order issued by
the Manager as authorized by this chapter, is hereby declared a public nuisance and shall be
corrected or abated as directed by the Manager. Any person creating a public nuisance shall
be subject to provisions of Borough codes or ordinances governing such nuisance.
§ 191-29. Injunction.
Whenever a discharge of wastewater is in violation of the provisions of this chapter or
otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the
Borough may petition the Superior Court for the issuance of a preliminary or permanent
injunction, or both, as may be appropriate in restraining the continuance of such discharge.
§ 191-30. Damage to facilities.
When a discharge of wastes causes an obstruction, damage, or any other impairment to
Borough facilities, the Borough may assess a charge against the user for the work required to
clean or repair the facility and add such charge to the user's sewer service charge.
§ 191-31. Correction of violations; collection of costs.
In order to enforce the provisions of this chapter, the Borough may correct any violation
hereof. The cost of such correction may be added to any sewer service charge payable by the
person violating this chapter or the owner or tenant of the property upon which the violation
occurred, and the Borough shall have such remedies for the collection of such costs as it has
for the collection of sewer service charges. The Borough may also petition the Superior Court
191:25
§ 191-31 SEWERS § 191-34
for the issuance of a preliminary or permanent injunction, or both, as may be appropriate,
restraining any person from the continued violation of this chapter.
§ 191-32. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89; 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
§ 191-33. Falsifying of information.
Any person who knowingly makes any false statement, representation, record, report, plan or
other document filed with the Borough or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required under this chapter is hereby declared to
be in violation of this chapter and subject to the civil liabilities imposed under this chapter.2
§ 191-34. Inspection and maintenance of facilities; termination of services.
A. In order to effect its powers, the Borough may enter upon private property for the
purpose of inspection and maintenance of sanitary and waste disposal facilities and may
terminate service to property in which a violation of any rule, regulation, or this chapter
is found to exist.
B. In the event that a sewer bill remains unpaid for a period of 30 days after the bill is
rendered and mailed, the water supply and sewer service to said premises may be
terminated upon notice as provided hereafter. [Amended 12-6-1988 by Ord. No. 29-88]
C. Notice of termination of service for nonpayment shall be forwarded by certified mail to
the customer and the owner of the premises, as listed on the last tax duplicate in the
Borough Tax Assessor's Office, on two occasions, once each week for two consecutive
weeks. [Added 12-6-1988 by Ord. No. 29-88]
D. The notice of termination shall state the date of the proposed termination of service and
the reason therefor. [Added 12-6-1988 by Ord. No. 29-88]
2. Editor's Note: See § 191-32, Violations and penalties.
191:26
Chapter 192
ILLICIT CONNECTION TO STORMWATER SYSTEM
§ 192-1. Purpose.
§ 192-2. Definitions.
§ 192-3. Prohibited conduct.
§ 192-4. Enforcement and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 5-16-2006 by
Ord. No. 2006-11. Amendments noted where applicable.]
§ 192-1. Purpose.
The purpose of this chapter is to prohibit illicit connections to the municipal separate storm
sewer system within the Borough of Butler, so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
§ 192-2. 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. 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 Butler, 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 Borough
of Butler or other public body, and is designed and used for collecting and conveying
stormwater. MS4s do not include combined sewer systems, which are sewer systems that are
192:1
§ 192-2 BUTLER CODE § 192-4
designed to carry sanitary sewage at all times and to collect and transport stormwater from
streets and other sources.
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, byproduct, 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.
§ 192-3. Prohibited conduct.
No person shall discharge or cause to be discharged through an illicit connection to the
municipal separate storm sewer system within the Borough of Butler any domestic sewage,
noncontact cooling water, process wastewater, or other industrial waste (other than
stormwater).
§ 192-4. Enforcement and penalties.
A. This ordinance shall be enforced by the Police Department of Butler.
B. Any person, firm or corporation who is found to be in violation of any of the provisions
of this chapter shall, upon conviction, be punished by a fine not to exceed $1,000 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 the same is violated shall be deemed and taken to be a separate and distinct offense.
192:2
Chapter 193
IMPROPER DISPOSAL OF WASTE IN MUNICIPAL STORM
SEWER SYSTEM
§ 193-1. Purpose.
§ 193-2. Definitions.
§ 193-3. Prohibited conduct.
§ 193-4. Exceptions to prohibition.
§ 193-5. Enforcement and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 5-16-2006 by
Ord. No. 2006-11. Amendments noted where applicable.]
§ 193-1. Purpose.
The purpose of this chapter is to prohibit the spilling, dumping, or disposal of materials other
than stormwater to the municipal separate storm sewer system within the Borough of Butler,
so as to protect public health, safety and welfare, and to prescribe penalties for the failure to
comply.
§ 193-2. 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.
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 Borough
of Butler or other public body, and is designed and used for collecting and conveying
stormwater. MS4s do not include combined sewer systems, which are sewer systems that are
designed to carry sanitary sewage at all times and to collect and transport stormwater from
streets and other sources.
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.
§ 193-3. Prohibited conduct.
The spilling, dumping, or disposal of materials other than stormwater to the municipal
separate storm sewer system within Borough of Butler is prohibited. The spilling, dumping, or
193:1
§ 193-3
BUTLER CODE
§ 193-5
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.
§ 193-4. Exceptions to prohibition.
A. Water line flushing and discharges from potable water sources.
B. Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps,
foundation or footing drains, rising ground waters).
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.
Deicing materials properly applied to sidewalks, streets, roadways etc.
J.
Flows from rinsing of the following equipment with clean water:
(1) Beach maintenance equipment immediately following their use for their intended
purposes; and
(2) 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.
K. Discharges authorized under a NJPDES permit other than the Tier A Municipal
Stormwater General Permit (NJPDES Permit Number NJ0141852).
§ 193-5. Enforcement and penalties.
A. This ordinance shall be enforced by the Police Department of Butler.
B. Any person, firm or corporation who is found to be in violation of any of the provisions
of this chapter shall, upon conviction, be punished by a fine not to exceed $1,000 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 the same is violated shall be deemed and taken to be a separate and distinct offense.
193:2
Chapter 194
SKATES AND SKATING
§ 194-1. Helmets required.
§ 194-2. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 1-17-1995 by
Ord. No. 1994-25. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 168.
§ 194-1. Helmets required.
A person under 17 years of age shall not ride upon in-line skates, roller blades, roller skates,
skateboards or similar devices unless that person is wearing a properly fitted and fastened
helmet which meets the standards of the American National Standards Institute (ANSI Z 90.4
Bicycle Helmet Standard) or the Snell Memorial Foundation's 1984 Standard for Protective
Headgear for Use in Bicycling or a helmet which is designed specifically for use with the
particular device being used.
§ 194-2. Violations and penalties. [Amended 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
194:1
Chapter 196
SNOW REMOVAL
§ 196-1. Statutory authority.
§ 196-2. Removal required; time limit.
§ 196-3. Snow or ice from private property.
§ 196-4. Failure to remove.
§ 196-5. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section 3-6
of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic generally — See Ch. 225.
§ 196-1. Statutory authority.
The provisions of this chapter are adopted pursuant to the authority conferred by N.J.S.A.
40:65-12.
§ 196-2. Removal required; time limit. [Amended 3-15-2011 by Ord. No. 2011-1]
The owner of premises abutting or bordering upon any street in the Borough shall remove all
snow and ice from the abutting paved sidewalks of such streets within 48 hours of the time
the precipitation falls.
§ 196-3. Snow or ice from private property.
No person, firm or corporation, the owner, tenant or occupant of any premises abutting on any
street shall throw, place or deposit any snow or ice into or upon any street in the Borough, it
being the intent and purpose of this provision to prohibit all persons from throwing, casting,
placing or depositing snow and ice, which accumulated within the private property belonging
to the person, upon the paved sidewalks or streets of the Borough.
§ 196-4. Failure to remove.
In case such snow or ice shall not be removed from such paved sidewalks or shall be cast,
deposited thereon or placed upon the paved sidewalks or the street by the owner, tenant or
196:1
§ 196-4 BUTLER CODE § 196-5
occupants of any premises, as provided in §§ 196-1 and 196-2 hereof, the same may be
removed under the direction of the Superintendent of Public Works, and the cost of such
removal, as nearly as can be ascertained, shall be certified by him to the Borough Council.
The Borough Council shall examine such certification and, if found to be correct, shall cause
such cost to be charged against such real estate so abutting or bordering upon such sidewalks,
and the amount so charged shall forthwith become a lien and a tax upon such real estate and
be added to, recorded and collected in the same way and manner as the taxes next to be levied
and assessed upon such premises and shall bear interest and be enforced and collected by the
same officers and in the same manner as other taxes. The imposition and collection of a fine
or fines imposed by the provision of this chapter shall not constitute any bar to the right of the
Borough to collect the cost as certified for the removal of the snow and ice in the manner
herein authorized.
§ 196-5. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89; 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
196:2
Chapter 199
PRIVATE STORM DRAIN INLET
RETROFITTING
§ 199-1. Purpose.
§ 199-4. Design Standard.
§ 199-2. Definitions.
§ 199-5. Enforcement.
§ 199-3. Prohibited Conduct.
§ 199-6. Penalties.
[HISTORY: Adopted by the Mayor and Council on 8-2-2010 by Ord. No. 2010-12.]
§ 199-1. Purpose.
An ordinance requiring 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 operated by the
Borough of Butler so as to protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
§ 199-2. Definitions
For the purpose of this ordinance, 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.
a. Municipal separate storm sewer system (MS4)- a conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough
of Butler or other public body, and is designed and used for collecting and conveying
stormwater.
b. Person - any individual, corporation, company, partnership, firm, association, or political
subdivision of this State subject to municipal jurisdiction.
c. 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.
[Former Ch. 199, Soliciting and Canvassing, adopted as Section 4-2 of the Revised
General Ordinances of 1976, as amended, was repealed 12-10-1991 by Section 1 of Ord.
No. 1991-18. See now Ch. 91, Canvassers, Solicitors and Peddlers.]
199:1
§ 199-2 BUTLER CODE § 199-4
d. Waters of the State - means the ocean and its estuaries, all springs, streams and bodies of
surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or
subject to its jurisdiction.
§ 199-3. 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 asphatt 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:
1. Already meets the design standard below to control passage of solid and floatable materials; or
2. Is retrofitted or replaced to meet the standard in Section 199-4 below prior to the completion of the
project.
§ 199-4. Design Standard.
Storm drain inlets identified in Section 199-3 shall comply with the following standard to control
passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid
and floatable materials" means sediment, debris, trash, and
other floating, suspended, or settleable solids.
1. 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:
a. 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
b. A different grate, if each individual clear space in that grate has an area of no more than
seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.
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.
2. 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 (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.
199:2
§ 199-4 BUTLER CODE § 199-6
3. This standard does not apply:
a. Where the municipal 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;
b. 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:
i. A rectangular space four and five-eighths inches long and one and one-half inches wide
(this option does not apply for outfall netting facilities); or
ii. A bar screen having a bar spacing of 0.5 inches.
c. Where flows are conveyed through a trash rack that has parallel bars with one-inch (1")
spacing between the bars; or
d. 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.
§ 199-5. Enforcement.
This ordinance shall be enforced by a municipal official designated by the Borough
Administrator.
§ 199-6. Penalties.
Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a
fine not to exceed $500.00 for each storm drain inlet that is not retrofitted to meet the design standard.
199:3
Chapter 200
PRIVATELY OWNED SALT STORAGE
§ 200-1. Purpose.
§ 200-4. Exemptions.
§ 200-2. Definitions.
§ 200-5. Enforcement.
§ 200-3. Deicing Material Storage Requirements. § 200-6. Violations and Penalties.
[HISTORY: Adopted by the Mayor and Council on 10-17-2023 by Ord. No. 2023-11.]
§ 200-1. Purpose.
The purpose of this ordinance is to prevent stored salt and other solid de-icing materials from being
exposed to stormwater.
This ordinance establishes requirements for the storage of salt and other solid de-icing materials on
properties not owned or operated by the municipality (privately-owned), including residences, in Borough
of Butler to protect the environment, public health, safety and welfare, and to prescribe penalties for
failure to comply.
§ 200-2. Definitions.
For the purpose of this ordinance, 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 consistent 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.
A.
“De-icing materials” means any granular or solid material such as melting salt or any other granular
solid that assists in the melting of snow.
B.
“Impervious surface” means a surface that has been covered with a layer of material so that it is
highly resistant to infiltration by water.
C.
“Storm drain inlet” means the point of entry into the storm sewer system.
D.
“Permanent structure” means a permanent building or permanent structure that is anchored to a
permanent foundation with an impermeable floor, and that is completely roofed and walled (new
structures require a door or other means of sealing the access way from wind driven rainfall).
200-1
§ 200-2 BUTLER CODE § 200-3
A fabric frame structure is a permanent structure if it meets the following specifications:
(1)
Concrete blocks, jersey barriers or other similar material shall be placed around the interior
of the structure to protect the side walls during loading and unloading of de-icing
materials;
(2)
The design shall prevent stormwater run-on and run through, and the fabric cannot leak;
(3)
The structure shall be erected on an impermeable slab;
(4)
The structure cannot be open sided; and
(5)
The structure shall have a roll up door or other means of sealing the access way from wind
driven rainfall.
E. “Person” means any individual, corporation, company, partnership, firm, association, or political
subdivision of this State subject to municipal jurisdiction.
F. “Resident” means a person who resides on a residential property where de-icing material is stored.
§ 200-3. Deicing Material Storage Requirements.
A. Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed
between October 15th and April 15th:
(1)
Loose materials shall be placed on a flat, impervious surface in a manner that prevents
stormwater run-through;
(2)
Loose materials shall be placed at least 50 feet from surface water bodies, storm drain
inlets, ditches and/or other stormwater conveyance channels;
(3)
Loose materials shall be maintained in a cone-shaped storage pile. If loading or unloading
activities alter the cone-shape during daily activities, tracked materials shall be swept back
into the storage pile, and the storage pile shall be reshaped into a cone after use;
(4)
Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter to prevent
removal by wind; and
200-2
§ 200-3 BUTLER CODE § 200-5
(e)
Weight shall be placed on the cover(s) in such a way that minimizes the potential
of exposure as materials shift and runoff flows down to the base of the pile.
[1]
Sandbags lashed together with rope or cable and placed uniformly over the
flexible cover, or poly-cord nets provide a suitable method. Items that can
potentially hold water (e.g., old tires) shall not be used;
(5)
Containers must be sealed when not in use; and
(6)
The site shall be free of all de-icing materials between April 16th and October 14th.
B. De-icing materials should be stored in a permanent structure if a suitable storage structure is available.
For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and
thus not restricted to October 15 -April 15.
C. All such temporary and/or permanent structures must also comply with all other Borough of Butler
ordinances, including building and zoning regulations.
D. The property owner, or owner of the de-icing materials if different, shall designate a person(s)
responsible for operations at the site where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions of this ordinance are met. Inspection
records shall be kept on site and made available to the municipality upon request.
(1)
Residents who operate businesses from their homes that utilize de-icing materials are required to
perform weekly inspections.
§ 200-4. Exemptions.
Residents may store de-icing materials outside in a solid-walled, closed container that prevents
precipitation from entering and exiting the container, and which prevents the de-icing materials from
leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or
replacement of damaged or inadequate containers shall occur within 2 weeks.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are
not subject to the storage and inspection requirements in § 200-3 above. Piles of deicing materials are
not exempt, even if stored in a permanent structure.
This ordinance does not apply to facilities where the stormwater discharges from de-icing material storage
activities are regulated under another NJPDES permit.
§ 200-5. Enforcement.
This ordinance shall be enforced by the Butler Police Department and/or the Property Maintenance
Officer or another person designated by the Borough Administrator during the course of ordinary
enforcement duties.
200-3
§ 200-6 BUTLER CODE § 200-6
§ 200-6. Violations and Penalties.
Any person(s) who is found to be in violation of the provisions of this ordinance shall have 72 hours to
complete corrective action. Repeat violations and/or failure to complete corrective action within 72 hours
after notice is received shall subject such person(s) to fines and penalties in accordance with Chapter 230
of the Revised General Ordinances..
.
200-4
Chapter 202
STREETS AND SIDEWALKS
ARTICLE I
Obstructions
§ 202-1.
Obstructions prohibited; exception.
§ 202-2.
Construction for recreational facilities prohibited; exception.
§ 202-3.
Violations and penalties.
ARTICLE II
Street Openings
§ 202-4. Permit required.
§ 202-5.
Application; fee.
§ 202-6.
Issuance of permit; time limit to complete work.
§ 202-7.
Restoration after excavation.
§ 202-8.
Deposit to be returned.
§ 202-9.
Application to public utilities.
§ 202-10. Excavations to be guarded.
§ 202-11. Standards and materials.
§ 202-12. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Street and sidewalk specifications — See Ch. 143, Part 4.
Vehicles and traffic generally — See Ch. 225.
Snow removal — See Ch. 196.
ARTICLE I
Obstructions
[Adopted as Section 3-10 of the Revised General Ordinances of 1976]
§ 202-1. Obstructions prohibited; exception.
No person shall unnecessarily obstruct any street, avenue, road, highway, alley or public place
with any kind of vehicle or vehicles or with box or boxes, lumber, wood or any other thing.
The provisions of this Article shall not prevent persons who are building from occupying,
until notified by any Borough official to cease such occupancy, 1/2 of the street in front of the
place where they are so building, unless another person is building on the opposite side of the
street; in which case, neither shall occupy more than 1/4 of the street. No person who is
building shall continue such occupancy of any street after notice from any Borough official or
police officer to discontinue the same.
§ 202-2. Construction for recreational facilities prohibited; exception.
Except as provided under the provisions of N.J.S.A. 40:67-16.7, as amended and
supplemented, which permits the temporary closing of streets for the provision of recreational
facilities, no person shall construct, erect or maintain any device, structure, equipment or other
202:1
§ 202-2 BUTLER CODE § 202-6
thing in or within 10 feet of the edge of any street, road, lane, alley or other public
thoroughfare in the Borough, the purpose of which is to encourage, facilitate or assist in the
utilization of any such street, road, lane, alley or other public thoroughfare for any sport,
athletic or other recreational activity which shall obstruct or have the potential effect of
obstructing vehicular traffic.
§ 202-3. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89; 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this article shall be subject
to such penalties as are provided for in Chapter 230, Violations and Penalties, of the Code of
the Borough of Butler.
ARTICLE II
Street Openings
[Adopted 12-2-1986 by Ord. No. 23-86]
§ 202-4. Permit required.
It shall be unlawful to dig, excavate, open or in any manner interfere with or disturb the
surface of any street or sidewalk area within the Borough of Butler for any purpose
whatsoever without first securing a permit therefor as hereinafter provided.
§ 202-5. Application; fee. [Amended 11-18-1991 by Ord. No. 1991-17]
Application for permission to make an excavation in any street between the curblines or in
any sidewalk area shall be made to the Construction Department on forms approved by the
Borough. Such application shall be signed by the owner of the premises and shall specify the
length and width of such excavation, the purpose for which the excavation is to be made and
the estimated time required to complete the work and restore the surface. Each application
shall first be submitted to the Borough's Engineer, who shall determine the amount of the
deposit to be accompanied with the application when submitted to the Construction
Department. The amount of the application fee shall be a minimum of $100. The fee shall be
increased by $2 for each additional linear foot beyond 20 feet.
§ 202-6. Issuance of permit; time limit to complete work.
The Borough Clerk shall, upon receipt and examination of the application and the deposit and
fee referred to in § 202-5 hereinabove, issue a permit under his hand and Seal of the Borough
for the excavation in any street or sidewalk area. The Borough Clerk shall specify on the
permit that such work shall be completed and the road or sidewalk surface restored within 48
hours after work is commenced.
202:2
§ 202-7 STREETS AND SIDEWALKS § 202-11
§ 202-7. Restoration after excavation.
The applicant to whom such permit is issued shall, within the time limit in such permit,
replace the earth and pavement in the excavation in such manner that the same shall be left in
as good condition as it was before the excavation was commenced. By the acceptance of such
permit, the applicant shall be deemed to have agreed to comply with the terms hereof and,
upon his failure to do so, to pay, on demand, any cost or expense that the Borough may incur
by reason of any shrinkage or settlement in the excavated area resulting from such excavation
if such shrinkage or settlement shall occur within three months from the time the surface
thereof is restored.
§ 202-8. Deposit to be returned.
Upon the expiration of three months from the time of the satisfactory restoration of the
surface of any such excavation, the Borough Clerk shall return to the applicant any portion of
the initial deposit as determined to be required by the Borough Engineer, less the amount
deducted by the Borough for inspection fees and services related thereto and/or the costs of
any restoration incurred by the Borough relative to the excavated area.
§ 202-9. Application to public utilities.
Nothing in this Article shall apply to any public utility as defined in N.J.S.A. 48:2-13 nor to
any of its employees or agents in the conduct of its business upon the posting of a bond of
$10,000, which shall be a continuing bond to the Borough of Butler.
§ 202-10. Excavations to be guarded.
The applicant to whom a permit is granted shall keep the excavations properly guarded and
shall place lights there at night. At all times, such excavations shall be made so as to allow
the safe passage of pedestrians and vehicles in and along the public way. The Borough shall
not be responsible for any injury or damage to person or property resulting from the
negligence of the applicant or his servants, agents or employees in making, grading or filling
any excavation permitted under the terms of this Article.
§ 202-11. Standards and materials.
All work shall be in accordance with the latest Standard Specifications for Road and Bridge
Construction of the New Jersey Department of Transportation. Sidewalks should have a
minimum thickness of four inches, and driveway aprons, eight inches. Pavement should
consist of a minimum of:
A. Four-inch thickness: bituminous stabilized base course, Mix I-2.
B. Two-inch thickness: bituminous concrete surface course, Mix I-5.
202:3
§ 202-12 BUTLER CODE § 202-12
§ 202-12. Violations and penalties. [Amended 6-13-1989 by Ord. No. 20-89; 4-18-2006
by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this article shall be subject
to such penalties as are provided for in Chapter 230, Violations and Penalties, of the Code of
the Borough of Butler.
202:4
Chapter 207
SWIMMING POOLS
§ 207-1. Title.
§ 207-2. Term defined.
§ 207-3. Conformance.
§ 207-4. Permits.
§ 207-5. Standards.
§ 207-6. Enforcement.
§ 207-7. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Ch. IX of
the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 25.
Housing standards — See Ch. 136.
Uniform construction codes — See Ch. 101.
Land use — See Ch. 143.
§ 207-1. Title.
This chapter may be referred to and be known as the "Swimming Pool Ordinance of the
Borough of Butler."
§ 207-2. Term defined.
For the purpose of this chapter, a private swimming pool established or maintained upon any
premises by any individual for his own or his family's use, or guests of his household, shall
mean:
A. All such artificially constructed swimming or wading pools or tanks, some part or all of
which require a permanent installation and are more than 24 inches in depth and have a
volume of more than 200 cubic feet.
B. All portable, collapsible or temporary swimming or wading pools if any part thereof shall
require a permanent installation and if the water edge thereof is higher than 36 inches
from the ground on which it is situated.
§ 207-3. Conformance.
No person shall establish or construct or alter a private swimming pool which is not in
conformity with the requirements of this chapter.
§ 207-4. Permits. [Amended 6-7-1982 by Ord. No. 82-5]
A. Plans and specifications required. An application for a permit to construct a private
swimming pool shall be made to the Construction Code Official and shall include the
final plans and specifications therefor.
207:1
§ 207-4 BUTLER CODE § 207-5
B. Issuance; fee. Upon compliance with all provisions of this chapter and upon approval by
the Construction Code Official of the final plans, specifications and reports, together with
the data contained therein, a permit shall be issued for the location and construction of
the private swimming pool as requested upon payment of a fee as set forth in Subsection
10-1.4.1
§ 207-5. Standards. [Amended 6-7-1982 by Ord. No. 82-5]
No private swimming pool shall be located and constructed or altered until a building permit
for the same shall be issued by the Construction Code Official and shall meet the following
requirements:
A. Design and location. The pool shall be suitably designed and located so as not to become
a nuisance or hazard to adjacent property owners or the public.
B. Location. No swimming pool shall be constructed or installed nearer than 10 feet to any
property line or structure nor nearer to the street line on which the premises fronts than
the main rear wall of the dwelling erected thereon. No private swimming pool or wading
pool shall be constructed or installed on any lot unless upon such lot shall be located a
residence building or unless such lot is part of a residence curtilage.
C. Surface area. The surface area of the water shall not exceed 50% of the rear yard area.
D. Appearance. All areas surrounding the pool shall be made and kept neat and attractive so
as to be in conformity with surrounding property, and no rubbish, debris or litter shall be
permitted to remain or accumulate in or about the pool.
E. Material or construction. All material used in the construction of swimming pools shall
be waterproof and easily cleaned. Aluminum paint shall not be used as a finish. Sand or
earth bottoms shall not be used.
F. Water supply. There shall be no physical connection between a potable public or private
water supply system and such pools or their circulating systems, unless the same is
approved by the officials of the Borough.
G. Discharge system. No pool drain shall be connected directly to the municipal sanitary
sewer system.
H. Disinfection, infiltration, recirculation and bacteriological standards. All swimming pools
shall be constructed, installed and maintained so as to provide equipment necessary for
the chlorination or other disinfection, filtration and recirculation of the pool water so as
to comply with approved bacteriological standards, as may be promulgated by regulations
issued by the Board of Health.
I. Fencing. All private swimming pools constructed or installed shall be completely
surrounded by fencing. The fencing shall not be less than 36 inches in height and be of
1. Editor's Note: "Subsection 10-1.4," Fees, refers to original Section 10-1, Building Code, of the Revised General
Ordinances of 1976. Said section was superseded 8-15-1977 by Ord. No. 77-7. For current provisions, see Ch. 101,
Construction Codes, Uniform.
207:2
§ 207-5 SWIMMING POOLS § 207-7
the type of a chain link fence or similar secure enclosure of durable construction and
self-closing gates. Every gate of such fence shall be kept securely locked at all times
when the pool is not in use. No barbed wire shall be used as fencing.
§ 207-6. Enforcement. [Amended 6-7-1982 by Ord. No. 82-5]
Every private swimming pool constructed or to be constructed in the Borough shall at all
times comply with the requirements of all health authorities having jurisdiction in the
premises, and any nuisance or hazard to health which may exist or develop in any such
swimming pool shall forthwith be abated and removed by the person in possession of such
pool upon receipt of notice from the Construction Code Official, health officer or other
designated person so requiring.
§ 207-7. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89]
See Chapter 230, Violations and Penalties.
207:3
Chapter 210
TAXATION
ARTICLE I
Exemption for Home Improvements
§ 210-1. Amount of exemption.
§ 210-2. Approval pursuant to statutory provisions.
ARTICLE II
Taxation of Cannabis Sales
§ 210-3. Taxation of Cannabis Sales and Transfers.
§ 210-4. Rates.
§ 210-5. Remission of taxes.
§ 210-6. Delinquent taxes.
§ 210-7. Liability for taxes owed.
§ 210-8. Audit.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
ARTICLE I
Exemption for Home Improvements
[Adopted 8-19-1980 by Ord. No. 80-16]
§ 210-1. Amount of exemption.
The first $4,000 in the Assessor's full and true value of home improvements for each dwelling
unit primarily and directly affected by a home improvement in any single or multiple-dwelling
property, more than 20 years old, shall be regarded as not increasing the value of such
property for a period of five years, notwithstanding that the value of the dwelling to which
such improvements are made is increased thereby; provided, however, that during said period,
the assessment on such dwelling shall, in no case, except that of damage through action of the
elements sufficient to warrant a reduction, be less than the assessment thereon existing
immediately prior to such home improvement.
§ 210-2. Approval pursuant to statutory provisions.
Any such exemption authorized pursuant to § 210-1 shall be approved and determined in
accordance with the provisions of Public Law 1975, Chapter 104,1 as amended, and any
applicable rules and regulations promulgated by the Commissioner of the Department of
Community Affairs.
210:1
§ 210-3 TAXATION § 210-8
ARTICLE II
Taxation of Cannabis Sales
[Adopted 7-20-2021 by Ord. No. 2021-17]
§ 210-3. Taxation of Cannabis Sales and Transfers.
There is hereby imposed a sale and transfer tax on all cannabis products sold by cannabis
retailers within the Borough of Butler. Such tax will be imposed at time of sale or transfer
and shall further be imposed upon the value of cannabis products transferred by any
concurrent license holder operating more than one establishment of any class, to or from the
license holder’s establishment located within the Borough of Butler to any or from the
license holder’s other establishments, whether or not such establishment is located within
the Borough of Butler.
§ 210-4. Rates.
The tax rate for the retail sale of any cannabis product shall be 2% of the value of each
receipt or transaction of sale. The tax rate for any transfer by concurrent license holder of
cannabis products shall be 1% of the market value of the transferred cannabis product.
§ 210-5. Remission of taxes.
Every cannabis establishment and/or licensee shall remit taxes collected and due and owing
on a quarterly basis to the municipal chief fiscal officer, along with certified copies of sales
receipts and product transfer ledgers or documentation. The dates of tax remission shall be
on or before April 1, July 1, October 1 and January 2, or as established by the chief fiscal
officer. Each licensee shall certify to the truth and accuracy of the receipts and product
transfer ledgers or documentation, and shall remit a return in a form determined by the chief
fiscal officer.
§ 210-6. Delinquent taxes.
All unpaid taxes as required under this Article shall be subject to the accrual of interest and
penalties at rates and penalties set forth and established for delinquent ad valorem taxes
within the Borough of Butler.
§ 210-7. Liability for taxes owed.
Each cannabis establishment owner and/or licensee shall be personally liable for any and all
taxes imposed under this Article and any interest and penalty accruing thereon. In addition,
any unpaid balance and interest and penalties accruing thereon shall constitute a lien on the
real property in which the cannabis establishment is located and such liens shall be enforced
in the same manner as municipal tax liens.
§ 210-8. Audit.
Every cannabis establishment and/or licensee within the Borough of Butler is subject to audit,
no greater than once per annum, of the establishment’s or licensee’s business records, receipts
and accounting books, such audit to be performed at the chief fiscal officer’s discretion, by a
certified public accountant. Every cannabis establishment and licensee shall be obligated to
fully comply with the requirements of an auditor. Failure to cooperate with the audit, or any
misrepresentation or fraud committed by the establishment or licensee, shall result in the
immediate suspension of the license.
1. Editor's Note: See N.J.S.A. 54:4-3.72 et seq.
210:2
Chapter 213
TAXICABS AND LIMOUSINES
§ 213-1.
Definitions.
§ 213-2.
Unlicensed soliciting.
§ 213-3.
Types of licenses; transferability.
§ 213-4.
Owner's license.
§ 213-5.
Driver's license.
§ 213-6.
Licensing.
§ 213-7.
General provisions.
§ 213-8.
Provision for overall service; maintenance of central place of business.
§ 213-9.
Enforcement.
§ 213-10. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Ch. VII of
the Revised General Ordinances of 1976; Amended 10-16-2012 by Ord. No. 2012-14.
Amendments noted where applicable.]
GENERAL REFERENCES
Licensing generally — See Ch. 150. Vehicles and traffic generally — See Ch. 225.
§ 213-1. Definitions.
As used in this chapter, the following words shall have the meanings indicated:
CRUISING — The driving of an empty taxicab along a public street or public place for the
purpose of soliciting passengers.
PUBLIC TAXICAB STAND — A section of a public street or of a public place set apart by
ordinance of the Borough of Butler for the exclusive use of a taxicab or a limited number of
taxicabs.
TAXICABS — Any motor vehicle commonly called taxi, auto car, public hack, omnibus or
by whatever name or designation any such vehicle may now or hereafter be known or
designated, engaged in the business of carrying passengers for hire, which is held out,
announced or advertised to operate or run, or which is operated or run over any of the streets
or highways of the Borough, and particularly into which are accepted and discharged such
persons as may offer themselves for transportation from points or places to points or places,
within and without the Borough, upon the terms, provisions or conditions prescribed in this
chapter, or by the day or by the hour or other fixed period, or for a fare, provided that nothing
contained in this definition shall be construed to include any motor vehicle by whatever name
or designation used in transporting school children or school teachers or any autobus, jitney or
other vehicles which are hired by charter or for a particular contract, or such public
conveyances as are by law subject to state or federal regulation exclusively.
213:1
§ 213-1 BUTLER CODE § 213-3
LIMOUSINES - Limousine or Livery Services means and includes any automobile or motor car
used in the business of carrying passengers for hire to provide prearranged passenger
transportation at a premium fare on a dedicated non-scheduled, charter basis that is not
conducted on a regular route and with a seating capacity in no event of more than 14 passengers,
not including the driver, provided that such a vehicle is certified by the manufacturer of the
original vehicle and the second-stage manufacturer, if applicable, to conform to all applicable
Federal Motor Vehicle Safety Standards promulgated by the United States Department of
Transportation pursuant to 49 CFR Part 571 (49 CFR 571.1 et seq.) and 49 CFR Part 567 (49
CFR 567.1 et seq.), as defined in N.J.S.A. 48:16-13.
§ 213-2. Unlicensed soliciting.
No vehicle for the conveyance of passengers, other than duly licensed taxicabs, for the use of
which a fare is charged, except any vehicle used and employed in transporting school children
or school teachers, and except any vehicle which is subject to the exclusive jurisdiction of state
or federal regulation, shall stand on or along any public street or public place, within the
Borough, waiting for prospective passengers.
§ 213-3. Types of licenses; transferability.
A. Driver's license. A taxicab driver's license shall entitle the person mentioned therein to
operate within the Borough any taxicab duly licensed hereunder until such license either expires
or is surrendered, suspended or revoked. Such license shall not be transferable.
B. Owner's license. A taxicab owner's license shall entitle the taxicab therein described to be
operated in the Borough by a driver duly licensed hereunder until the license either expires
or is surrendered, suspended or revoked. Such license shall not be transferable, except as
hereinafter set forth.
213:2
§ 213-4 BUTLER CODE § 213-4
§ 213-4. Owner's license. [Amended 10-16-2012 by Ord. No. 2012-14.]
A. Application.
(1)
Applicant requirements. Every licensee of a taxicab shall be:
(a) In the case of an individual, a citizen of the United States, over the age of
eighteen (18) for a taxicab, twenty-one (21) for a limousine and who shall
have been a bona fide resident of the State of New Jersey for at least one (1)
year immediately prior to the date of the application for such license and
who has never been convicted of a crime involving moral turpitude including
but not limited to those offenses listed in N.J.S. 48:16-22.3a subsection (1).
(b) In the case of a copartnership, each of the members thereof shall be a citizen
of the United States and each of the members of which shall have been a
bona fide resident of the State of New Jersey for at least one year
immediately prior to the date of application for such license and who has
never been convicted of a crime involving moral turpitude.
(c) In the case of a corporation, each of the officers and stockholders thereof
shall be a citizen of the United States and each of the officers and
stockholders of which shall have been a bona fide resident of New Jersey for
at least one-year prior to the date of application for such license and who has
never been convicted of a crime involving moral turpitude.
(d) Any person who owns a limousine service shall require an applicant for
employment as a limousine operator or driver to be tested, at the applicants
expense, for dangerous controlled substances as defined in N.J.S. 2C:35-2.
Upon the advice of the State Limousine Advisory Committee, the Chief
Administrator of the New Jersey Motor Vehicle Commission shall adopt
regulations, pursuant to the “Administrative Procedure Act” P.L. 1968, c.
410(c.52:14B-1 et seq.), for the licensing and testing of applicants for
employment as limousine operators or drivers. The regulations shall be
substantially similar to the regulations of New York City concerning the testing
of an applicant for a for-hire vehicle driver’s license section 6-15 of Title 35 of
the New York City Rules and Regulations [35 RCNY § 6-15].
(2) Information required. All applications for a taxicab owner's license shall be made
by the owner, lessee or bailee thereof, and every application shall set forth therein
the name and type of vehicle for which such license is desired, the length of time
the vehicle has been in use, the number of persons the vehicle is suitable for
carrying, the motor number and serial number of the vehicle and also the
following:
(a) If the owner, lessee or bailee of the vehicle is an individual, the full name
and place of residence of the applicant and the length of time during which
he has resided in the State of New Jersey, his place of birth, whether he is a
213:3
§ 213-4
TAXICABS
§ 213-4
citizen of the United States, the names and addresses of all employers by
whom, and all of the places of employment in which, he has been employed
during the period of five years immediately prior to the date of the
application, his marital status, whether he has been charged with, arrested for
or convicted of any crime or other violation, whether he has been previously
licensed to operate a taxicab and, if so, when and where, and whether any
license for the operation of a taxicab previously issued to him has ever been
suspended or revoked and, if so, for what cause.
(b) If the owner, lessee or bailee of the vehicle is a copartnership, the firm name
and the location of its main office and any branch offices. Each partner shall
submit all of the personal information required under Subsection A(2)(a)
above.
(c) If the owner, lessee or bailee of the vehicle is a corporation, the corporate
name and the location of the main office and any branch offices. Each of the
officers and stockholders shall submit all of the personal information required
under Subsection A(2)(a) above.
(3) Verification of application. No application for a taxicab owner's license shall be
considered unless the contents of the same shall have been verified, by an affidavit
annexed thereto, of the individual, a copartner of the copartnership or an officer of
the corporation seeking the license.
B. Insurance requirement. No taxicab owner's license shall be issued until the applicant shall
submit the insurance policy, or certificate in lieu thereof, and the power of attorney
required by N.J.S.A. 48:16-1 et seq., and the revisions or amendments thereto.
C. Vehicle inspection required. No vehicle covered by the terms of this chapter shall be
licensed until it has been carefully inspected by the Police Department of the Borough
and found to be in a thoroughly safe, clean and fit condition for the transportation of
passengers.
D. Refusal to license; suspension; revocation; enforcement of standards. The Borough
Council may refuse to approve a taxicab owner's license for or, if already issued, may
suspend or revoke the license of any such vehicle found to be unsafe or unfit for the
transportation of passengers. The Borough Council is hereby authorized and empowered
to establish reasonable rules and regulations in respect to the construction and condition
or fitness of taxicabs for the safe, proper and adequate transportation of passengers and
to enforce any such rule or regulation by suspension or revocation of licenses.
E. Approval prior to issuance of license. No taxicab owner's license to operate a taxicab
shall be issued by the Borough Clerk until the application has been approved by the
Borough Council.
F. Issuance; display of license required. If, upon inspection, a taxicab is found to be in a
safe, proper and fit condition for the transportation of passengers and to conform to the
provisions of this chapter and to the rules and regulations established hereunder, and
upon approval of the Borough Council and upon payment of the proper license fee, the
taxicab shall be licensed by the delivery by the Borough Clerk to the applicant therefor
213:4
§ 213-4
BUTLER CODE
§ 213-4
of a card in such form as may be prescribed by the Borough Council. Such card shall set
forth the location of the public taxicab stand to be used by the vehicle, if any stand has
been assigned for the use thereof, and the name of the owner of the vehicle. The card
shall be conspicuously displayed within the taxicab.
G. Expiration date; fees. Every taxicab owner's license granted for each taxicab shall expire
on December 31 next succeeding the date of issuance thereof, unless sooner suspended or
revoked by the Borough Council. The annual fee for such license shall be the sum of
$25.
H. Transferability of license. A taxicab owner's license may be transferred to another vehicle
owned by the licensee, upon approval thereof by the Borough Council, after inspection
thereof has been made. Such transfer shall be limited to equipment that is replaced. Such
transfer shall be made by filing a notice with the Borough Clerk for approval of the
Borough Council at its next meeting, and the licensee shall have the right to temporarily
operate the replaced equipment until such next meeting of the Borough Council.
I. Compliance with laws mandatory. No owner, lessee or bailee of any taxicab shall
operate, or cause or permit the operation of such taxicab, nor shall any taxicab owner's
license for the taxicab be issued or permitted to be in effect, until and unless the owner,
lessee or bailee shall have fully complied, and shall continue to comply, with all the rules
of the State of New Jersey in respect to such vehicle and the operation thereof.
J.
Revocation of license. Any taxicab owner's license granted under the provisions of this
chapter may be suspended or revoked at any time by the Borough Council if the vehicle
for which such license shall have been granted shall be used for any improper, unlawful
or illegal business or purpose, if the vehicle shall not be kept in a clean, safe and proper
condition for the transportation of passengers, if the vehicle shall not be kept in
conformity with the terms of this chapter or laws of the State of New Jersey, or for any
violation of any of the provisions of the rules or regulations established by the Borough
Council.
K. Number of licenses issued restricted. No more than eight taxicab owners' licenses shall
be issued and in force at any one time in the Borough.
L. Applicant must present at time of application to the Municipal Clerk a “Letter of
Qualification” from the State of New Jersey Department of Motor Vehicles for the
applicant and each driver. This certifies drivers based on the results of a fingerprint live
scan for a State of New Jersey criminal background check. Application must include a
Corp Code Certificate issued by DMV. If vehicles are not parked in the Borough of Butler,
applicant must present the Municipal Clerk Zoning Certificates from the municipality
where the vehicles will be parked. Any limousine parked or stored overnight within the
Borough are subject to the Zoning rules and regulations; approval from the Zoning Officer
is required at time of application for a license. The Borough of Butler seasonal off-street
parking rules must be adhered to. A complete copy of the Insurance Policy in the correct
company name with all vehicles covered included must be submitted with the application.
Copies of registrations for licensed limousines must be provided to the Municipal Clerk
after licensing. Failure to provide any of the required documentation will result in delay or
denial of the license.
213:5
§ 213-5
BUTLER CODE
§ 213-5
§ 213-5. Driver's license.
A. Application. No person shall drive a taxicab without first having obtained a taxicab driver's
license. Every applicant for such license to drive a taxicab shall furnish satisfactory
evidence that he has received a driver's license from the Motor Vehicle Department of the
State of New Jersey. Each applicant for such license to drive a taxicab must:
(1)
State the name of the licensee of a taxicab by whom or which he will be employed.
(2)
Be no less than 21 years of age, a citizen of the United States, and a bona fide
resident of the State of New Jersey for at least one year next preceding the date of
such application. The Borough Council may, in a specific case, waive the age
requirement.
(3) Be able to read and write the English language.
(4) Present, if required by the Borough Council, evidence that he is of sound physique, good
eyesight, is not afflicted with any infection of body or mind which might render
him unfit to safely and properly drive a taxicab.
(5) Be clean and neat in dress and person.
(6) Not be addicted to the use of intoxicating liquors or narcotics. No taxicab driver's
license shall be issued by the Borough Clerk unless and until the application
thereof has been approved by the Borough Council.
B. Expiration date; fee. Every such taxicab driver's license shall expire not later than December 31
next succeeding the date of issuance thereof, unless sooner suspended or revoked by the
Borough Council. The annual fee to be paid for each driver's license, and for any renewal
thereof, shall be the sum of $2.
C. Issuance of badge; deposit required. Every such licensed driver shall deposit with the Borough
Clerk, before the issuance of a license to him, the sum of $3, and, upon the making of
such deposit, the Clerk shall issue to such licensed driver a badge of such form and style
as the Borough Council may direct, bearing the license number of the driver, which
badge, under penalty of suspension or revocation of the license of such driver, shall be
constantly and conspicuously displayed on the driver's outer garment when he is engaged
in his employment. Such deposit shall be returned upon expiration, suspension or revocation,
provided that the badge is surrendered in good condition. In the event that such badge is not
returned within three months from expiration, suspension or revocation of such driver's
license, the deposit shall be considered forfeited, and the moneys shall become the general
funds of the Borough.
F.
Temporary licenses. The Borough Clerk shall be empowered to issue a temporary driver's
license, provided that the approval of the Chief of Police is obtained, but in no event
shall such temporary license be granted for a period longer than 30 days. Any person to whom
any such temporary license to drive a taxicab shall have been issued shall be furnished by the
Clerk with a badge of the type hereinbefore described upon deposit of the sum of $3, which
sum shall be refunded upon the surrender of the badge in good condition. The fee for any
temporary permit shall be the sum of $1.
213:6
§ 213-5
BUTLER CODE
§ 213-7
E. Revocation of license. Taxicab drivers' licenses may be suspended or revoked at any time by
the Borough Council.
§ 213-6. Licensing.
A.
Applications to include written consent. Every applicant for any of the licenses
to be granted under this chapter shall attach a written consent to the application
for such license whereby the applicant agrees to abide by all of the provisions of
this chapter and the rules and regulations to be established hereunder agreeing that
the issuance of such license is a privilege and that the same is subject to
revocation or suspension for any violation of the terms of this chapter or the rules
and regulations thereunder.
B.
Selling, loaning or disposing of license prohibited. No person shall sell, loan or
otherwise dispose of any license, badge, card, plate or other thing delivered by
the Borough Council with any such license issued under the provisions of this
chapter.
§ 213-7. General provisions.
A.
Taxicab stands; prohibitions.
(1) Cabs at designated stands only. No taxicab shall occupy any public taxicab
stand other than the stand designated in the license issued for the occupation by such
taxicab. Such licensee shall not permit his taxicabs to stand in any other place
in the Borough.
(2) Repairs and painting prohibited. No person shall make any repairs on any
taxicab or paint any such vehicle while occupying space in any such public taxicab
stand.
B.
Refusal of hire. No driver of any taxicab shall refuse to transport any orderly
person applying for a taxicab who agrees to pay the proper rate of fare.
C. Soliciting prohibited. No driver of any taxicab shall solicit employment in
the transportation of passengers by driving upon or along any street or highway or
other such places within the Borough.
D. Found articles. Every driver of any taxicab shall, within a reasonable time,
after termination of any hiring or employment, carefully search such taxicab for any
property lost or left within and, unless any such property shall be sooner delivered
to the owner thereof, shall within 24 hours after finding any such property deliver
such property to the Police Department of the Borough.
213:7
§ 213-8 BUTLER CODE § 213-10
§ 213-8. Provision for overall service; maintenance of central place of business. [Added
11-21-1978 by Ord. No. 78-17]
All persons engaged in the taxicab business in the Borough of Butler operating under the
provisions of this chapter shall render an overall service to the public desiring to use taxicabs
and shall maintain a central place of business and shall keep the same open from 6:00 a.m. to
6:00 p.m. They shall answer all calls received by them for services inside the Borough limits
of the Borough of Butler as soon as they can do so, and, if said service cannot be rendered
within a reasonable time, they shall notify the prospective passenger as to how much longer it
will be until said call can be answered and give the reason therefor. Any holder of a license
who shall refuse to accept a call anywhere within the limits of the Borough of Butler at any
time when such holder has taxicabs available or who shall fail or refuse to give overall service
shall be deemed to have violated this chapter.
§ 213-9. Enforcement.
A. Power of Council to make regulations. The Borough Council may make such rules and
regulations in relation to the operation of the taxicabs and the conduct of the operators thereof
as it may, from time to time, determine to be necessary and proper in the best interest of the
citizens of the Borough.
B. Notice of suspension or revocation; right to hearing. Every licensee shall be entitled to five
days' notice in writing of the intended action of the Borough Council to suspend or revoke
such license. Such notice shall state the reasons for such intended revocation or suspension.
The hearing on such intended revocation or suspension shall be conducted by the Borough
Council at the Municipal Building. Every licensee affected shall have the right to be heard
in person or by counsel.
§ 213-10. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89]
A. Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler. [Amended 4-18-2006 by Ord. No. 2006-7]
B. The imposition of the foregoing penalties shall not bar the right of the Borough Council to
revoke or suspend the license of such offender.
213:8
Chapter 216
TOWING AND STORAGE OF VEHICLES
§ 216-1.
Purpose.
§ 216-2.
License required.
§ 216-3.
Application for license.
§ 216-4.
Investigation and inspection.
§ 216-5.
Requirements for approval.
§ 216-6. Duration of licenses.
§ 216-7.
Minimum standards for wreckers or tow trucks.
§ 216-8. Insurance policies.
§ 216-9. Display of identification card.
§ 216-10. Rotating call list.
§ 216-11. Service rates.
§ 216-12. Reports and receipts.
§ 216-13. Conduct of owners and operators.
§ 216-14. Records and impoundment license.
§ 216-15. Suspension and revocation of license.
§ 216-16. Abandoned or unclaimed vehicles.
§ 216-17. Sale of unclaimed or abandoned vehicles.
§ 216-18. Fees.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 1-19-1993 by
Ord. No. 1992-26. Amendments noted where applicable.]
§ 216-1. Purpose.
A. It is the purpose of this chapter to establish the minimum requirements for a contractor to
do towing work and/or vehicle removal and/or impoundment of vehicles, four wheels or
less, for the Borough of Butler when determined necessary by the Butler Police
Department.
B. This work includes but is not limited to vehicles that are impounded for illegal parking;
vehicle found to be stolen or vehicles that are abandoned or found to be unregistered
and/or uninsured; vehicles involved in accidents that must be removed from the streets;
and vehicles which have become disabled and in need of removal and the Butler Police
Department has been asked by the motorist to call for towing or road service or that have
to be towed and/or impounded for any other reason at the discretion of the Butler Police
Department.
§ 216-2. License required. [Amended 5-17-2005 by Ord. No. 2005-9; 2-20-2007 by Ord.
No. 2007-4]
No person, firm or corporation who or which wishes to engage in municipal towing at police
request shall engage in the business of operating wreckers or tow trucks for the
aforementioned purpose within the Borough without first obtaining the necessary license, as
hereinafter provided, from the Mayor and Council. There shall be a limitation of three in the
number of licenses issued annually for police towing. Current licensees shall be given the
opportunity to renew their license for the following year prior to any new applications being
216:1
§ 216-2 BUTLER CODE § 216-5
considered. In the event that there are less than three renewals, new applications will be
considered. Application for a new license shall be considered on a first-come first-serve basis.
The Mayor and Council may designate one alternate tower who shall be appointed for a
one-year period and shall be contacted in the event the tower who is currently scheduled on
the towing rotation is unavailable or unable to respond when contacted by the police. Current
alternate tower licensee shall be given an opportunity to renew prior to new alternate
applications being considered and shall be given the first opportunity to fill a permanent tower
slot if one becomes available. An alternate tower applicant must file an application but there
shall be no license fee charged to the designated alternate.
§ 216-3. Application for license.
The application for a license issued under this chapter shall be upon forms prepared and made
available by the Borough Clerk.
§ 216-4. Investigation and inspection. [Amended 2-20-2007 by Ord. No. 2007-4]
Upon receipt of a completed application, the Borough Clerk shall forward the application to
the Chief of Police. The Chief of Police shall obtain the following information and report this
information to the Borough Council within 30 days after receipt of any application:
A. A criminal history check with the New Jersey State Police Bureau of Investigation. The
Borough may disqualify anyone that has been convicted of a crime within the past 10
years, which crime would indicate that the contractor or his employees may not be
responsible to perform in the best interest of others. Such crimes would include, but not
be limited to, car theft, stealing of car parts, break-in, thefts, etc.
B. The condition of all vehicles which are to be utilized in the business.
C. The condition of the proposed storage facility.
§ 216-5. Requirements for approval.
The Mayor and Council shall not issue a license unless they find
that the following requirements have been met by the application:
A. The insurance policies as required have been procured and supplied.
B. The applicant and proposed operators are qualified to operate the wrecker and conduct a
wrecker service in the Borough. Permit holders will be required to submit a list of
operators and their legal addresses and to keep the Borough Clerk informed of any
changes.
C. The requirements of this chapter and all other laws, statutes and ordinances have been
met.
D. The vehicles have been properly licensed and conform to the state motor vehicle laws.
216:2
§ 216-5 TOWING AND STORAGE OF VEHICLES § 216-7
E. The wrecker or tow truck to be approved, on inspection, meets the required minimum
standards set forth herein.
F. The applicant has demonstrated sufficient trustworthiness.
G. The applicant has available space within the Borough of Butler or within 1 1/2 miles of
the border of the Borough of Butler for properly accommodating and protecting all
disabled motor vehicles to be towed from the place where they are disabled. A letter
must be obtained from the Zoning Officer in the municipality where the storage facility
is located indicating that such facility complies with municipal zoning laws. [Amended
3-13-2001 by Ord. No. 2001-9]
H. The applicant is able to provide twenty-four-hour-a-day service with a maximum
response time of not more than 20 minutes.
§ 216-6. Duration of licenses.
Upon this chapter's becoming effective, applications shall be received during the thirty-day
period immediately following and shall be acted upon in accordance with the other provisions
of this chapter. Thereafter, applications for an annual license shall be received prior to
November 1 for processing prior to January 1.
§ 216-7. Minimum standards for wreckers or tow trucks.
The following shall serve as minimum standards for wreckers:
A. A wrecker shall be able to handle all makes of passenger cars and small trucks, such as
pickups and small panel trucks up to three tons, and must have or be equipped with the
following:
(1)
All wreckers shall be a minimum of one ton according to the manufacturer's
specifications and shall have dual rear wheels or the equivalent.
[Amended
6-20-2006 by Ord. No. 2006-18]
(2)
A power-takeoff-controlled winch with a minimum cable thickness of 3/8 inch or
equivalent.
(3)
Gross weight equal to the vehicles to be towed, with a minimum of 5,500 pounds.
(4)
A three-eighths-inch safety chain. The lift chain and the safety chain are not to be
attached in any form or manner to the same part of the wrecker.
(5)
Front and rear hazard flashing lights.
(6)
A three-hundred-sixty-degree rotating amber beacon light mounted over the cab or
an approved light bar.
(7)
All lights shall be of such candlepower in intensity as to be visible 1/4 mile away.
(8)
All towing company drivers will carry their business cards and must give one to
the owner/driver of the vehicle to be towed.
216:3
§ 216-7 BUTLER CODE § 216-10
(9) All companies will have the company name, address and phone number
permanently affixed in letters and numbers on both sides of the wrecker prior to
said wrecker being used on any Borough rotation calls. The letters and numbers
shall be a minimum of three inches in height.
(10) The wrecker shall be equipped with sufficient equipment to clean up the debris on
the highway. The operators must clean away the debris at the scene. All wreckers
shall be equipped with a fire extinguisher.
§ 216-8. Insurance policies.
A. No wrecker shall be issued a license unless the wrecker has been approved and the
following insurance policies or certificates of insurance specifically naming the Borough
as an insured party are filed with the Borough Clerk.
(1) Garagekeeper's policy: a garagekeeper's legal liability policy covering fire, theft
and explosion in the minimum amount of $100,000 and collision coverage subject
to a deductible of $500, with each accident deemed a separate claim.
(2) Garage liability policy: a garage liability policy covering the operation of the
applicant's equipment or vehicles for any bodily injury or property damage. This
policy shall be in the amount of $1,000,000.
B. Each policy required herein must contain an endorsement providing 10 days' notice to the
Borough in the event of any material change or cancellation for any cause.
C. In the event that the policy is changed so as to fail to conform to the above requirements
or if any policy of any approved wrecker is canceled for any reason, the Borough Clerk
shall notify the person responsible for the policy, and it shall be corrected or reinstated or
replaced with a conforming policy within 10 days after the notice is received and before
the date of cancellation. If the policy or certificate is not corrected, reinstated or replaced
within the required time, the Borough Clerk shall immediately suspend the wrecker's
license.
§ 216-9. Display of identification card.
The Borough Clerk shall issue to the person holding a license a card, in such form as may be
set by the Borough Clerk, which shall at all times be displayed on the passenger side of the
rear window of each wrecker. The card shall bear the name of the owner, the rate of the
charges and a notice that, in case of complaint, the complainant may notify the Borough
Clerk, giving the license number of the wrecker.
§ 216-10. Rotating call list.
Wreckers licensed to perform towing service under this chapter shall perform on a rotation
basis, which rotating list shall be limited to those wreckers having an approved facility. The
Chief of Police is hereby authorized to establish a system of rotation in the assignment of
wreckers in the area. Wreckers shall be assigned from the rotating list only. No person shall
216:4
§ 216-10
TOWING AND STORAGE OF VEHICLES
§ 216-11
respond to the scene of any accident except upon notification by the officer in charge of
police headquarters or upon request of the driver or owner of the disabled vehicle.
§ 216-11. Service rates. [Amended 5-19-1998 by Ord. No. 1998-18; 3-13-2001 by Ord.
No. 2001-9; 6-20-2006 by Ord. No. 2006-16; 11-4-2013 by Ord. No. 2013-18; 1-21-2018 by
Ord. No. 2018-1; 3/25/2018 by Ord. No. 2018-3; 02/18/2020 by Ord. No. 2020-1]
Charges for transportation, hauling or service of disabled vehicles by an approved wrecker or
operator of any approved wrecker shall not exceed the following rates:
A. The towing and storage fee schedule shall be as follows:
6. The following is the fee schedule for towing services:
(a) Cars (Light Duty) First mile or less: $150.00
(b) Trucks (Medium Duty 10,001 to 26,000 GVW) $250.00 per hour
(c) Trucks (Heavy Duty 26,001 and over GVW) $500.00 per hour
(d) Each additional mile: $6.00
7. Recovery winching (in addition to towing – per truck including driver)
(a) Light/Medium Duty $350.00 per hour
(b) Heavy Duty $600.00 per hour
8. The following is the fee schedule for storage services. The fee shall be charged for each 10 x
20 foot space utilized:
(a) Inside building: $90. per day.
(b) Outside storage: $45. per day.
(c) Trucks (Dual Wheels)/ Single Axle: $90.00 per day
(d) Tractor/Dump Truck/Tractor and Trailer Combo/Trailers: $125.00 per unit per day
(e) Buses: $150.00 per day
(f) Roll-Off: $125.00 per day
(g) Cargo/Accident Debris/Load Storage/Vehicle Components
10’ x 20’ space $45.00 per space used per day
(h) Rental of any Tow Company Supplied Trailer Post Incident: $500.00 per day
Storage billed per calendar day
B. Mileage rate. The mileage rate shall be calculated based on the total distance traveled from
the tow vehicle's base of service to the job site and return by way of the shortest available route.
The tow operator will transport the vehicle anywhere in the Borough at the request of the
owner/operator.
(1) If the owner/operator requests that the vehicle be transported out of town, the towing service
shall receive payment for the additional miles traveled.
(2) On request, towers shall provide this service for a minimum of five miles beyond the
Borough line. Towing beyond this point may be refused if service to the Borough could be
affected.
216:5
§ 216-11 TOWING AND STORAGE OF VEHICLES
§ 216-11
C. Additional charges.
(1) There shall be an administrative charge of $40.00 for vehicles involved in a motor vehicle
accident.
(2) There shall be a fee of $90. for window wrap.
(3) There fees are as follows:
(a) Accident Minor Clean-Up and Disposal of Debris: $ 75.00 per hour
Plus materials used
(b) Recovery Supervisor and/or Level III Recovery Specialist: $225.00 per hour
(c) Certified Towing Operators: $125.00 per hour per person
(d) Manual Laborers: $100.00 per
(4) There shall be a fee of $50. For transmission disconnection.
(5) There shall be a fee of $75. For after hour vehicle release.
(6) Specialized Recovery Equipment
(a)
Rotator Crane Recovery Unit: $1,200.00 per hour
(b)
Tractor with Landoll Trailer or Detach Trailer: $450.00 per hour
(c)
Tractor Transport Hauler Only: $250.00 per hour
(d)
Refrigerated Trailer with Tractor: $450.00 per hour
(e)
Box Trailer with Tractor: $400.00 per hour
(f)
Air Cushion Unit: $1,000.00 per hour
(g)
Light Tower: $250.00 per hour
(h)
Pallet Jack: $200.00 flat rate
(i)
Rollers: $200.00 flat rate
(j)
Any other specialized equipment: $250.00 per hour
(k)
Loader/Backhoe/Telescopic Handler/
Bulldozer/Bobcat: $300.00 each per hour
(l)
Forklift: $300.00 per hour
(m)
Dump Truck/Dump Trailer with
Tractor: $350.00 per hour
(n)
Roll Off with Container: $350.00 per hour plus disposal
(o)
Recovery Supervisor Vehicle: $150.00 per hour
216:6
§ 216-11 TOWING AND STORAGE OF VEHICLES
§ 216-11
(p)
Scene Safety Equipment, Communication Equipment, Traffic
Management Equipment, Etc.: $250.00 per hour per type used
(q)
Recovery Support Vehicle/Trailer Additional Recovery
Equipment: $350.00 per hour
(8) Labor – All Labor Min of 1 Hour
(a)
Accident Minor Clean-Up and Disposal of Debris: $ 75.00 per hour
Plus materials used
(b)
Recovery Supervisor and/or Level III Recovery Specialist: $225.00 per hour charges
limited to 1 per incident
(c)
Certified Towing Operator: $125.00 per hour per person
(d)
Manual Laborers: $100.00 per hour
(9) Additional Services
Fuel/Haz-Mat/ Cargo Spills Clean-Up and Disposal
(a)
Hazmat and Trash Recovery Surcharged 10%
(b)
Subcontractor Mark-Up: 10%
(c)
Administrative charge only after 3rd visit to vehicle Cars only: $50.00
(d)
Administrative Charge Medium/Heavy Truck: $200.00
(e)
Notification Documentation Fee: $50.00
(f)
Tarping/Wrapping Vehicle: $90.00 per car $250.00 per truck
(g)
Fuel Surcharge Reserved for future need.
D. Special circumstances.
(1) If the owner of an unattended vehicle to be towed appears on the scene, and provided that the
vehicle does not need to be towed or impounded, the towing contractor shall make no charge.
However, if the vehicle is hooked up to the towing truck, the vehicle shall be released at the
scene of impound upon the payment of 50% of the authorized towing charge (decoupling fee).
(2) There shall be no charge for towing, storage or impoundment if it is determined by the Police
Chief or his or her designee that such vehicles have been towed, stored or impounded due to an
error by the tow truck operator or the Police Department. This determination shall be at the sole
discretion of the Police Chief or his or her designee and is binding upon the contractor. The
contractor shall make no claims for payment upon the owner of the vehicle, and if payment has
already been received, the payment shall be returned.
(3) There shall be no charge for the towing of police vehicles.
216:7
§ 216-12
TOWING AND STORAGE OF VEHICLES § 216-13
§ 216-12. Reports and receipts. [Amended 3-13-2001 by Ord. No. 2001-9; 2-20-2007 by
Ord. No. 2007-4]
A. Every license holder shall give the owner of the vehicle a written receipt for the fee paid,
in a form approved by the Chief of Police. Copies of receipts shall be maintained by the
license holder for two years.
B. Every license holder shall file with the Chief of Police a report in a form acceptable to
the Chief of Police within 30 days after the end of a rotation. Said report shall contain
the following information as a minimum:
(1)
Identification of the vehicle towed, location of the vehicle towed and destination.
(2)
The number of calls per month and a breakdown of the charges applied per call.
(3) A complete list of all unclaimed vehicles from prior months, including the vehicle
identification number and the date of tow.
(4)
Copies of all written receipts issued to vehicle owners during the rotation period.
C. Any license plates removed by the contractor shall be returned to the Division of Motor
Vehicles; receipts shall then be returned to the Chief of Police.
§ 216-13. Conduct of owners and operators.
A wrecker license hereunder shall be issued subject to the following conditions:
A. No person shall seek employment by driving his or her wrecker to and fro in a short
space in front of any disabled vehicle or by otherwise interfering with the proper and
orderly progress of traffic along the public highways.
B. No person owning or operating a wrecker shall engage in cruising.
216:8
§ 216-13
TOWING AND STORAGE OF VEHICLES
§ 216-14
C. No person owning or operating a wrecker licensed under this chapter shall permit or
invite loitering within or near the wrecker.
D. No person shall solicit or attempt to divert prospective patrons of another wrecker nor
shall be or she solicit or divert prospective patrons of a given garage in the Borough to
another garage.
E. No person shall solicit, demand or receive from any person any commission or fee
except the proper fee for transporting the disabled vehicle in accordance with this
Chapter 216.
F. No person shall pay any gratuity, tip or emolument to any third person not involved in
the accident or to any police officer for any information as to the location of any accident
or for soliciting the employment of the operator's services nor give any gratuities, fees or
other compensation or gifts to any member of the Police Department.
G. No wrecker which happens to be passing by is permitted to solicit business from any of
the drivers involved in the accident. Any wrecker at the scene may be used by the
investigator to clear the scene if traffic conditions preclude waiting for the authorized
wrecker; however, this may not authorize him or her to tow the vehicle from the scene.
§ 216-14. Records and impoundment rules.
A. Regular towing service.
(1) Every person holding a license shall keep a record of all details of each disabled
vehicle towed, serviced or transported, together with full information concerning
the service and the fee charged.
(2) This record shall indicate the date of towing, the location and the name and
address of the owner and/or driver of the disabled vehicle. The record book herein
described shall be kept open for inspection at all times by the Chief or any duly
authorized representative of the Chief.
B. Vehicles impounded by the Police Department.
(1) All companies on the towing list shall maintain a record regarding all vehicles
impounded at the request of the Butler Police Department, for example, abandoned
vehicles, recovered stolen vehicles or vehicles held for investigation by the
Department. This record shall be made available to any police officer for
inspection upon request and shall contain the following information:
(a) The date, time, location and name of the wrecker driver who towed the
vehicle at the Department's request.
(b) The name of the police officer who requested that the vehicle be impounded.
(c) The physical location of the vehicle after being towed.
216:9
§ 216-14 BUTLER CODE § 216-17
(d) Identification of the impounded vehicle, to include the make, year, model,
vehicle identification number, license number and name of registered owner,
if known.
(2) A vehicle impounded by the police shall not be released without a written tow
order release form authorizing said release.
(3) A written record shall be kept or maintained by the towing service indicating the
name of the person releasing the vehicle, the type of proof of ownership presented
and the name of the person receiving said vehicle.
C. It shall be the responsibility of the towing company to obtain proper proof of ownership
and identification prior to the release of any vehicle. Release of any vehicle to an
unauthorized person by the towing company shall result in liability against such
company. An owner must obtain a release from the Police Department prior to the
vehicle being released by the towing company. [Amended 6-20-2006 by Ord. No.
2006-18]
§ 216-15. Suspension and revocation of license.
The Chief of Police may temporarily suspend the license of any license holder who fails to
comply with the rules and standards set forth in this chapter if he or she deems it necessary to
suspend the license in order to protect the public interest. Any license suspension shall be
immediately reported to the Borough Clerk who shall notify the Mayor and Council of the
action. The Mayor and Council may continue the suspension, order the suspension to be lifted
or revoke the license for good cause after a public hearing.
§ 216-16. Abandoned or unclaimed vehicles. [Amended 3-17-2026 by Ord. No. 2026-2]
A. A towing contractor storing an abandoned, unclaimed or impounded vehicle shall notify the
Police Department of any vehicle not removed within seven (7) days of taking possession. The
Police Department shall be responsible for notifying the owner or any other party with a
documented legal interest in vehicle impounded under this chapter that their vehicle has been
towed to the impound area within fifteen (15) days of impoundment or as soon thereafter as is
practicable by certified mail (the “Notice”).
B. The notification shall indicate that the vehicle will remain impounded until the payment of the
costs of towing and removal, together with applicable storage charges for each and every day
the vehicle remains impounded, as allowable by any and all New Jersey laws governing such
fees and consistent with the Borough Code.
C. The Notice shall also inform the interested party of their right to request a hearing on the papers,
with respect to establishing their legal entitlement to take possession of the vehicle by service
of a written claim notarized by the interested party providing proof of a right to possession
(“Claim”). Any claim shall be directed to and served on the Borough Clerk in person or by
mail to the Borough address or email as shown on the Borough website within fifteen (15) days
of receipt of the notification. The subject matter of the hearing on the papers shall be limited
to determining: (a) the possessory interests in the vehicle; and/or (b) the party who will take
and/or retain possession of the vehicle. The Police Chief or his/her designee shall be
responsible for conducting any requested hearing and shall respond within seven (7) days of
receipt of a Claim.
216:10
§ 216-17
TOWING AND STORAGE OF VEHICLES
§ 216-18
D. The vehicle shall remain impounded until the Borough Police Department is contacted and
presented with satisfactory proof of legal entitlement to take possession of the vehicle.
§ 216-17. Sale of unclaimed or abandoned vehicles.
A. The Borough of Butler Police Department shall, at its sole judgment and uncontrolled
discretion, arrange for public sale of any vehicle which has been the subject of
impoundment, or when the owner has failed to receive the same. Such public sale shall
be in accordance with New Jersey State law.
B. The Borough of Butler will not sell any vehicle without having first received the proper
authorization for the sale as required by the New Jersey Division of Motor Vehicles in
accordance with state law.
C. The proceeds from the sale of each vehicle shall be applied to the payment of any towing
and storage charges due per said vehicle sold. Any surplus funds per each vehicle shall
be disposed of according to law. If the proceeds from such sale of a vehicle are
insufficient to pay the accrued towing or service charges for that vehicle, the contractor
agrees that there shall be no further liability of the Borough of Butler to pay the same
(and any excess amounts which may be due shall be waived).
D. If no bids are received on a vehicle, then the contractor shall receive title of such vehicle
in lieu of any fees.
§ 216-18. Fees.[Amended 6-20-2006 by Ord No. 2006-18; 2-20-2007 by Ord. No.
2007-4]
A nonrefundable fee in the amount of $150 shall be paid with the filing of the application for a
license under this chapter.
216:11
Chapter 218
(RESERVED)
[Former Ch. 218, Transient Merchants, adopted as Section 4-4 of the Revised General
Ordinances of 1976, as amended, was repealed 12-10-1991 by Section 1 of Ord. No.
1991-18. See now Ch. 91, Canvassers, Solicitors and Peddlers.]
218:1
Chapter 220
Tree Removal and Replacement
§ 220-1.
Purpose.
§ 220-2.
Definitions.
§ 220-3.
Regulated Activities.
§ 220-4.
Exemptions.
§ 220-5.
Non-Approval Species.
§ 220-6.
Enforcement.
§ 220-7.
Violations and Penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler April 16,
2024. Amendments noted where applicable.]
§ 220-1. Purpose:
An ordinance to establish requirements for tree removal and replacement in the Borough of Butler to
reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the
environment, public health, safety, and welfare.
§ 220-2. Definitions:
For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have
the meanings stated herein unless their use in the text of this ordinance clearly demonstrates a
different meaning. When consistent 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 use of the word "shall" means the requirement is always
mandatory and not merely directory.
A. “Applicant” means any “person”, as defined below, who applies for approval to remove
trees regulated under this ordinance.
B. “Critical Root Radius (CRR)” – means the zone around the base of a tree where the
majority of the root system is found. This zone is calculated by multiplying the diameter
at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a 6” DBH would
have a CRR = 6”x1.5’ = 9’.
C. “Diameter at Breast Height (DBH)” means the diameter of the trunk of a mature tree
generally measured at a point four and a half feet above ground level from the uphill side
of the tree. For species of trees where the main trunk divides below the 4 ½ foot height,
the DBH shall be measured at the highest point before any division.
220:1
§ 220-2 BUTLER CODE § 220-2
D. “Hazard Tree” means a tree or limbs thereof that meet one or more of the criteria below.
Trees that do not meet any of the criteria below and are proposed to be removed solely for
development purposes are not hazard trees.
1. Has an infectious disease or insect infestation;
2. Is dead or dying;
3. Obstructs the view of traffic signs or the free passage of pedestrians or vehicles,
where pruning attempts have not been effective;
4. Is causing obvious damage to structures (such as building foundations, sidewalks,
etc.); or
5. Is determined to be a threat to public health, safety, and/or welfare by a certified
arborist or LTE.
E. “Person” means any individual, resident, corporation, utility, company, partnership, firm,
or association.
F. “Planting strip” means the part of a street right-of-way between the public right-of-way
adjacent to the portion of the street reserved for vehicular traffic the abutting property line
and the curb or traveled portion of the street, exclusive of any sidewalk.
G. “Resident” means an individual who resides on the residential property or contractor hired
by the individual who resides on the residential property where a tree(s) regulated by this
ordinance is removed or proposed to be removed.
H. “Street Tree” means a tree planted in the sidewalk, planting strip, and/or in the public
right-of-way adjacent to (or specified distance from) the portion of the street reserved for
vehicular traffic. This also includes trees planted in planting strips within the roadway
right-of-way, i.e., islands, medians, pedestrian refuges.
I. “Tree” means a woody perennial plant, typically having a single stem or trunk growing to
a considerable height and bearing lateral branches at some distance from the ground.
J. “Tree Caliper” means the diameter of the trunk of a young tree, measured six (6) inches
from the soil line. For young trees whose caliper exceeds four (4) inches, the
measurement is taken twelve (12) inches above the soil line.
K. “Tree removal” means to kill or to cause irreparable damage that leads to the decline
and/or death of a tree. This includes, but is not limited to, excessive pruning, application
of substances that are toxic to the tree, over-mulching or improper mulching, and
improper grading and/or soil compaction within the critical root radius around the base of
the tree that leads to the decline and/or death of a tree. Removal does not include
responsible pruning and maintenance of a tree, or the application of treatments intended to
manage invasive species.
220:2
§ 220-3 TREE REMOVAL AND REPLACEMENT § 220-3
§ 220-3. Regulated Activities:
A. Application Process:
1. Any person planning to remove a street tree with DBH of 2.5” or more or any non-street
tree with DBH of 6” or more on their property shall submit a Tree Removal Application
to the Borough Administrator or their Designee. A copy of the Tree Removal Application
is available from the Property Maintenance Officer, Municipal Clerk or Borough
Administrator. No tree shall be removed until municipal officials have reviewed and
approved the removal. For larger scale clearing projects, a tree survey shall be submitted
as part of the application to the land use Board to determine number, sizes, and
exemptions of trees covered under this ordinance.
2. Applicants will be subject to an application fee as per the Table below.
1 – 5 trees
$15 per application
6-10 trees
$30 per application
Over 10 trees
$150 per application
B. Tree Replacement Requirements
1. Any person who removes one or more street tree(s) with a DBH of 2.5” or more, unless
exempt under § 220-4, shall be subject to the requirements of the Tree Replacement
Requirements Table in § 220-3.
2. Any person who removes one or more tree(s) with a DBH of 6” or more per acre, unless
exempt under § 220-4, shall be subject to the requirements of the Tree Replacement
Requirements Table § 220-3.
3. The species type of replacement trees to avoid shall be in accordance with § 220-5 of this
Chapter.
Replacement tree(s) shall:
1. Be replaced in kind with a tree that has an equal or greater DBH than tree removed or
meet the Tree Replacement Criteria in the table below;
2. Be planted within twelve (12) months of the date of removal of the original tree(s) or at
an alternative date specified by the municipality;
3. Be monitored by the applicant for a period of two (2) years to ensure their survival and
shall be replaced as needed within twelve (12) months; and
4. Shall not be planted in temporary containers or pots, as these do not count towards tree
replacement requirements.
220:3
§ 220-3 BUTLER CODE § 223-4
Tree Replacement Requirements Table:
Category
Tree Removed (DBH)
Tree Replacement Criteria (See Appendix A)
1
DBH of 2.5” (for street trees) or 6”
(for non-street trees) to 12.99”
Replant 1 tree with a minimum tree caliper of
1.5” for each tree removed
2
DBH of 13” to 22.99”
Replant 2 trees with minimum tree calipers of
1.5” for each tree removed
3
DBH of 23” to 32.99”
Replant 3 trees with minimum tree calipers of
1.5” for each tree removed
4
DBH of 33” or greater
Replant 4 trees with minimum tree calipers of
1.5” for each tree removed
C. Replacement Alternatives:
1. If the municipality determines that some or all required replacement trees cannot be
planted on the property where the tree removal activity occurred, then the applicant shall
do one of the following:
a. Plant replacement trees in a separate area(s) approved by the municipality.
b. Pay a fee of $125 per tree removed. This fee shall be placed into a fund dedicated
to tree planting and continued maintenance of the trees in the Borough.
§ 220-4. Exemptions:
All persons shall comply with the tree replacement standard outlined above, except in the cases
detailed below. Proper justification shall be provided, in writing, to the municipality by all persons
claiming an exemption. Proper justification shall be photos or statements from a NJ licensed tree
expert as per NJ Statue 45:15C-11 or an arborist:
A. Residents who remove less than four (4) trees per acre that fall into category 1, 2, or 3 of the
Tree Replacement Requirements Table within a five-year period. The number of trees
removed is a rolling count across a five-year period. For example, if 3 trees from category 1
are removed in July 2024, the ‘count’ resets to zero in July 2029. However, if 1 tree from
category 1 is removed in July 2024 and another in July of 2025 the first tree will come off the
count in July 2029 and the second in July 2030.
B. Tree farms in active operation, nurseries, fruit orchards, and garden centers;
C. Properties used for the practice of silviculture under an approved forest stewardship or
woodland management plan that is active and on file with the municipality;
D. Any trees removed as part of a municipal or state decommissioning plan. This exemption only
includes trees planted as part of the construction and predetermined to be removed in the
decommissioning plan.
220:4
§ 220-4 TREE REMOVAL AND REPLACEMENT § 223-5
E. Any trees removed pursuant to a New Jersey Department of Environmental Protection
(NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up,
or NJDEP approved habitat enhancement plan;
F. Approved game management practices, as recommended by the State of New Jersey
Department of Environmental Protection, Division of Fish, Game and Wildlife;
G. Hazard trees may be removed with no fee or replacement requirement.
§ 220-5. Non-Approved Species:
A. Invasive Trees
•
Amur corktree (Phellodendron amurense)
•
Birchleaf pear (Pyrus betulifolia)
•
Black locust (Robinia pseudoacacia)
•
Bradford pear (Pyrus calleryana)
•
Callery pear (Pyrus calleryana)
•
Chinese elm (Ulmus parvifolia)
•
Kousa dogwood (Cornus kousa)
•
Empress tree (Paulownia tomentosa)
•
False acacia (Robinia pseudoacacia)
•
Golden raintree (Koelreuteria biopinnata, K. elegans, and K. paniculata)
•
Gray poplar (Populus x canescens)
•
Japanese angelica tree (Aralia elata)
•
Japanese maple (Acer palmatum)
•
Japanese zelkova (Zelkova serrata)
•
Kobus magnolia (Magnolia kobus)
•
Mimosa (Albizia julibrissin)
•
Norway maple (Acer platanoides)
•
Princess tree (Paulownia tomentosa)
•
Siberian elm (Ulmus pumila)
•
Sweet cherry (Prunus avium)
•
Sycamore maple (Acer pseudoplatanus)
•
Tree-of-heaven (Ailanthus altissima)
•
English elm (Ulmus procera)
•
Weeping Higan cherry (Prunus subhirtella var. pendula)
•
White poplar (Populus alba)
220:5
§ 220-5 BUTLER CODE § 220-7
B. Do Not Plant– Other tree concerns (pests, diseases, poor growth habits, etc.)
•
Black ash (Fraxinus nigra) – susceptible to Emerald Ash Borer
•
Black oak (Quercus velutina) – susceptible to Oak wilt
•
Green ash (Fraxinus pennsylvanica) – susceptible to Emerald Ash Borer
•
Northern red oak (Quercus rubra) – susceptible to Oak wilt
•
Pin oak (Quercus palustris) – susceptible to Oak wilt
•
Scarlet oak (Quercus coccinea) – susceptible to Oak wilt
•
Silver maple (Acer saccharinum) – susceptible to storm damage
•
Tulip tree (Liriodendron tulipifera) – susceptible to storm damage
•
White ash (Fraxinus americana) – susceptible to Emerald Ash Borer
§ 220-6. Enforcement:
This ordinance shall be enforced by the Police Department and/or other Municipal Officials of the
Borough of Butler during the course of ordinary enforcement duties.
§ 220-7. Violations and Penalties:
Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a
fine of $200 per tree. This fine can be reduced to $25 per tree if the trees removed in violation are
replaced according to the Tree Replacement Requirements Table in § 220-3 of this Chapter.
220:6
Chapter 222
Vandalism of Public Property
§ 222-1.
Purpose.
§ 222-2.
Definitions.
§ 222-3.
Regulated Activities.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler October 21,
2025. Amendments noted where applicable.]
§ 222-1. Purpose
The purpose of this Chapter is to protect Borough-owned property, including but not limited to
security cameras and related equipment, from vandalism, destruction, tampering, or other willful
damage or tampering, and to establish penalties for violations.
§ 222-2. Purpose
It shall be unlawful for any person to:
A. Vandalize, deface, destroy, tamper with, or otherwise damage any public property owned,
leased, or maintained by the Borough of Butler or any other public entity.
B. Interfere with, damage, or disable any Borough or publicly owned security camera,
surveillance system, or related equipment.
§ 222-3. Purpose.
Any person violating this ordinance shall be subject any or all to the following:
A.
A minimum fine of one hundred dollars ($100.00) and up to two thousand dollars
($2,000.00); and
B.
Restitution for the full cost of repair or replacement of the damaged property, including
cameras or related equipment.
C.
Such other penalties as may be authorized by law, including community service or
imprisonment, in accordance with N.J.S.A. 40:49-5.
222:1
(CHAPTER
18
RESERVED)
[Former Ch. 218, Transient Merchants, adopted as Section 4-4 of the Revised General
Ordinances of 1976, as amended, was repealed 12-10-1991 by Section 1 of Ord. No.
1991-18. See now Ch. 91, Canvassers, Solicitors and Peddlers.]
218:1
Chapter 223
VEGETATION
§ 223-1. Certain growth prohibited.
§ 223-2. Notice to owners or tenants.
§ 223-3. Service of notice.
§ 223-4. Compliance with notice.
§ 223-5. Failure to comply.
§ 223-6. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section 3-4
of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 136. Land use — See Ch. 143.
§ 223-1. Certain growth prohibited. [Added 6-7-1982 by Ord. No. 82-5]
It is hereby prohibited for any owner or tenant of lands abutting upon the public highways,
streets and avenues of the Borough to permit grass, weeds, hedges, bushes, low hanging
branches or other impediments higher than three feet above curb level which shall be a
hindrance in or obstruct the view of operations of vehicles using the highways.
§ 223-2. Notice to owners or tenants.
The written notice directing the removal of grass, weeds, hedges, bushes, low hanging
branches or other impediments abutting upon the public highways, streets and avenues of the
Borough shall be prepared by the Superintendent of Public Works over his signature and shall
identify the lands abutting on the highways, streets or avenues and shall contain a short
statement relating in detail and identifying such grass, weeds, hedges, bushes, low hanging
branches or other impediments which are directed to be removed. The notice shall also
contain a statement that the violation of the terms of this chapter is punishable by fine.
§ 223-3. Service of notice.
The notice may be served upon the owner or owners, tenant or tenants, residents of the
Borough in person, or by leaving the same at their homes or places of residence with a
member of their family above the age of 14 years. In such case, any such notice may be
served upon him personally or mailed to his last known post office address or it may be
served upon the occupant of the property, or upon the agent in charge thereof. In case the
owner of any such property is unknown or service cannot for any reason be made as above
directed, notice thereof shall be published at least once in a newspaper circulating in the
Borough, and a copy of the notice shall be posted in a conspicuous place upon the premises.
223:1
§ 223-4 BUTLER CODE § 223-6
§ 223-4. Compliance with notice.
The owner or owners, tenant or tenants of land abutting upon the public highways, streets and
avenues of the Borough shall remove from the abutting sidewalks or sidelines of such
highways, streets and avenues abutting such lands, within 30 days after written notice to
remove, all grass, weeds, hedges, bushes, low hanging branches or other impediments higher
than three feet above curb level which shall be a hindrance in or obstruct the view of
operations of vehicles using the highway.
§ 223-5. Failure to comply.
If the owner or owners, tenant or tenants of land abutting upon the public highways, streets
and avenues of the Borough shall neglect or refuse to remove all grass, weeds, hedges,
bushes, low hanging branches and other impediments which shall be a hindrance to or
obstruct the view of operators of vehicles using the highway from the abutting sidewalks of
such highways, streets or avenues abutting such lands within 30 days after service of the
written notice to remove the same, as hereinabove provided, such grass, weeds, hedges,
bushes, low hanging branches and other impediments may be removed by the direction of the
Superintendent of Public Works. After such removal, the Superintendent of Public Works
shall certify the costs thereof to the Mayor and Council of the Borough, which shall examine
the certificate and, if found correct, shall cause the costs as shown thereon to be charged
against the lands abutting on the public highways, streets and avenues, and the amount so
charged shall forthwith become a lien upon such lands and shall 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 officer in the same manner as taxes.
§ 223-6. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89; 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
223:2
Chapter 225
VEHICLES AND TRAFFIC
ARTICLE I
General Provisions
§ 225-1.
Definitions.
§ 225-2.
Repealer.
§ 225-3.
Severability.
§ 225-4.
Violations and penalties.
§ 225-5.
Vehicular repair prohibited.
ARTICLE II
Parking
§ 225-6.
Regulations not exclusive.
§ 225-7.
Overnight parking.
§ 225-8.
Parking on certain municipally owned lands.
§ 225-9.
Parking prohibited at all times.
§ 225-10.
Parking prohibited during certain hours.
§ 225-11.
Stopping or standing prohibited.
§ 225-12.
Parking time limited.
§ 225-12.1.
(Reserved)
ARTICLE III
§ 225-13.
Trucks over certain weight excluded.
ARTICLE IV
One-Way Streets
§ 225-14.
One-way streets designated.
ARTICLE V
Through Streets; Stop and Yield
§ 225-15.
Through streets designated.
§ 225-16.
Stop intersections designated.
§ 225-17.
Yield intersections designated.
ARTICLE VI
Special Zones and Areas
§ 225-18.
Parking prohibited in special areas.
§ 225-18.1.
Parking restricted in special areas.
§ 225-18.2.
Handicapped parking.
§ 225-18.3.
(Reserved)
§ 225-19.
Loading zones designated.
§ 225-19.1.
Temporary loading zones.
§ 225-20.
(Reserved)
§ 225-21.
(Reserved)
225:1
§ 225-1 VEHICLES AND TRAFFIC § 225-1
ARTICLE VII
Municipal Parking Lots
§ 225-22.
Restrictions. Truck Exclusions.
§ 225-23.
Parking limit on certain lots.
ARTICLE VIII
Turn Prohibitions and Lane Reservations
§ 225-24.
U-turns.
§ 225-25.
Turns at intersections.
§ 225-26.
Prohibited right turns on red signal.
§ 225-27.
Lane use reservations.
ARTICLE IX
Emergency No Parking
§ 225-28.
Designation of snow emergency no-parking areas.
§ 225-29.
Posting of signs.
§ 225-30.
Removal of vehicles.
§ 225-31.
Effectiveness of article.
ARTICLE X
Speed Limits
§ 225-32.
Limits established.
§ 225-33.
Posting of signs.
§ 225-33.1. Low-speed vehicles.
ARTICLE XI
Traffic Control Signals
§ 225-34.
Traffic signals established.
§ 225-35.
Installation of signals.
ARTICLE XII
No-Passing Zones
§ 225-36.
No-passing zones established.
ARTICLE XIII
Regulation of Private Property
§ 225-37.
Application of Subtitle 1 of Title 39 to private property.
ARTICLE XIV
Schedules
§ 225-38.
Schedule I: No Parking.
§ 225-39.
Schedule II: No Parking Certain Hours.
§ 225-40.
Schedule III: No Stopping or Standing.
§ 225-41.
Schedule IV: Time Limit Parking.
§ 225-42.
Schedule V: Trucks Over Certain Weight Excluded.
§ 225-43.
Schedule VI: One-Way Streets.
§ 225-44.
Schedule VII: Through Streets.
§ 225-45.
Schedule VIII: Stop Intersections.
§ 225-46.
Schedule IX: Yield Intersections.
225:2
§ 225-1 VEHICLES AND TRAFFIC § 225-1
§ 225-47.
Schedule X: Loading Zones.
§ 225-48.
(Reserved)
§ 225-49.
(Reserved)
§ 225-50.
Schedule XIII: U-Turn Prohibitions.
§ 225-51.
Schedule XIV: Prohibited Turns at Intersections.
§ 225-52.
Schedule XV: Prohibited Right Turns on Red Signals.
§ 225-53.
Schedule XVI: Lane Use Reservations.
§ 225-54.
Schedule XVII: Snow Emergency No-Parking Areas.
§ 225-55.
Schedule XVIII: Speed Limits.
§ 225-56.
Schedule XIX: Traffic Control Signals.
§ 225-57.
Schedule XX: No-Passing Zones.
§ 225-58.
Schedule XXI: Regulation of Private Property.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 6-19-1979 by
Ord. No. 79-7 as Ch. VIII of the Revised General Ordinances of 1976; readopted
10-4-1988 by Ord. No. 27-88. Amendments noted where applicable.]
GENERAL REFERENCES
Motorized bicycles — See Ch. 79. Taxicabs — See Ch. 213.
ARTICLE I
General Provisions
§ 225-1. 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.
§ 225-2. Repealer.
All former traffic ordinances of the Borough of Butler 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.
§ 225-3. 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.
§ 225-4. Violations and penalties. [Amended 12-16-1986 by Ord. No. 21-86; 12-18-1990 by Ord.
No. 1990-28]
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
more than $50 or imprisonment for a term not exceeding 15 days, or both. Violations of any
provision of this chapter with regard to parking shall be punishable by a fine of not less than $10.
In addition, state-mandated Automated Traffic System Fund surcharges shall be imposed.
225:3
§ 225-5 BUTLER CODE § 225-9
§ 225-5. Vehicular repair prohibited.
No general repair and maintenance work shall be permitted to be undertaken on vehicles located
in the streets or along the curb of any streets in the Borough publicly maintained and open to the use of
the public for purposes of vehicular traffic, other than simple emergency remedial repairs. Any disabled
vehicle requiring more extensive repair shall be removed from the street as soon as possible after
such disablement and, if not so removed, may be towed away by the Borough at the owner's
expense, and the owner shall be fined under the provisions of this chapter.
ARTICLE II
Parking
§ 225-6. 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.
§ 225-7. Overnight parking. [Amended 6-19-1984 by Ord. No. 7-84; 3-
17-2026 by Ord. No. 01-2026]
A. Limitations.
(1) Vehicles in general. No vehicle shall be parked on any street in the Borough
between the hours of 2:00 a.m. and 6:00 a.m. during the months of December 1 through
March 1, except for Main Street, Kiel Avenue, Bartholdi Avenue, Boonton Avenue and
Kakeout Road, where the parking prohibition will be in effect all year.
(2) Trucks (3/4 ton) parking restriction. No person shall park any truck, bus, trailer or tractor,
the gross carrying weight of which exceeds 3/4 ton, upon any street or portions thereof
within the Borough between the hours of 2:00 a.m. and 6:00 a.m.
B. Removal of vehicle; penalty. In addition to the penalties provided by this chapter for the
violation thereof, and not in limitation of the same, whenever any member of the Police
Department finds a vehicle parked in violation of this subsection, such police officer may
move or secure the removal of such vehicle to such garage or other place as may be designated
by the Borough Council as a garage or place for the impounding of such vehicles, and the
vehicle shall be there retained and impounded until the person owning the vehicle shall
pay the reasonable costs of the taking and removing, together with a garage charge of $10
for each and every day the vehicle is retained and impounded.
§ 225-8. Parking on certain municipally owned lands. [Added 7-15-1980 by Ord. No.
80-15]
No person shall park any vehicle at any time upon the area shaded on the map entitled "Municipally
Owned Lands," prepared by Hirth Weidener Associates, L.S., P.P., and dated June 1980,
which map is hereby incorporated by reference and is on file in the Borough Clerk's office.
§ 225-9. 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 (§ 225-38), attached to and made a part of this chapter.
225:4
§ 225-10 VEHICLES AND TRAFFIC § 225-14
§ 225-10. Parking prohibited during certain hours. [Amended 4-6-1981 by Ord. No.
81-1]
No person shall park a vehicle between the hours specified in Schedule II (§ 225-39) 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.
§ 225-11. Stopping or standing prohibited.
No person shall stop or stand a vehicle during the times specified in Schedule III (§ 225-40)
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.
§ 225-12. Parking time limited. [Amended 4-6-1981 by Ord. No. 81-1; 2-20-2007 by
Ord. No. 2007-3]
No person shall park a vehicle for longer than the time limit shown in Schedule IV (§ 225-41)
at any time between the hours listed in said Schedule IV of any day, except Sundays and
public holidays unless otherwise provided for in § 225-41, upon any of the streets or parts of
streets described in said Schedule IV, attached to and made a part of this chapter.
§ 225-12.1. (Reserved) 1
ARTICLE III
Truck Exclusions
§ 225-13. Trucks over certain weight excluded.
Trucks over the gross weight indicated are hereby excluded from the street or parts of streets
described in Schedule V (§ 225-42) except for the pickup and delivery of materials on such
streets, said Schedule V being attached to and made a part of this chapter.
ARTICLE IV
One-Way Streets
§ 225-14. One-way streets designated.
The streets or parts of streets described in Schedule VI (§ 225-43), attached to and made a
part of this chapter, are hereby designated as one-way streets in the direction indicated.
1. Editor's Note: Former § 225-12.1, Exception for vehicles responding to emergencies, added 9-16-1986 by Ord. No.
17-86, was repealed 3-14-1989 by Ord. No. 9-89.
225:5
§ 225-15 BUTLER CODE § 225-18
ARTICLE V
Through Streets; Stop and Yield Intersections
§ 225-15. Through streets designated.
Pursuant to the provisions of N.J.S.A. 39:4-140, the streets or parts of streets described in Schedule
VII (§ 225-44), 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.
§ 225-16. Stop intersections designated.
Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described in Schedule VIII
(§ 225-45), attached to and made a part of this chapter, are hereby designated as stop intersections.
Stop signs shall be installed as provided therein.
§ 225-17. Yield intersections designated.
Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described in Schedule IX
(§ 225-46), 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
§ 225-18. Parking prohibited in special areas.
Parking shall be prohibited in the areas adjacent to the following structures:
A. 1200 Route 23 Building.
(1) That area consisting of the entire length, 150 feet, of the front of the premises
known as 1200 Route 23, and extending from the building a distance of 20 feet.
(2) That area consisting of the entire length, 60 feet, of both the northerly and
southerly sides of the premises, and extending 20 feet from the building.
(3) That area consisting of the length, 20 feet, of the rear entrance to the structure, and
extending 20 feet from the building.
B. Butler Ridge Apartments. That area consisting of the entire length, 552 feet, and the
entire width, 32 feet, of the main roadway extending from Route 23 to the rear of the
apartment complex.
C. Butler Plaza. [Added 7-15-1980 by Ord. No. 80-10]
(1) That area consisting of the entire length, 171 feet, of the front of the premises
presently occupied as a retail food market in the shopping center known as "Butler
Plaza," Route 23, in the Borough of Butler, and extending from the building a distance
of 20 feet.
225:6
§ 225-18
VEHICLES AND TRAFFIC
§ 225-18.1
(2) That area beginning at a point distant 39 feet six inches from the southerly side of
said retail food store and running thence 95 feet along the remaining length of the front
of the premises, and extending from the building a distance of 20 feet, with the
remaining distance between the southerly end of said retail food store and the
beginning point of the zone described herein to be utilized for parking areas for
vehicles.
(3) That area consisting of the entire length, 222 feet, of the rear of the structure
presently occupied as a bowling alley, and extending 20 feet from the building;
and that area consisting of the length, 30 feet, of the front entrance to said structure
and extending 20 feet from the building.
D. Butler Bowl. That area consisting of the entire length, 222 feet, of the rear of the
structure presently occupied as a bowling alley, and extending 20 feet from the building; and
that area consisting of the length, 30 feet, of the front entrance to said structure, and extending
20 feet from the building. [Added 5-17-1983 by Ord. No. 4-83]
E. Woodland Acres Apartment Complex, main entrance. That area consisting of the entire
front of the structure, 60 feet by 18 feet, and the side by the fire escape, 30 feet by 18
feet, to be designated as a no-parking fire zone. [Added 7-21-1987 by Ord. No. 13-87;
amended 3-14-1989 by Ord. No. 9-89]
F. Aaron Decker School. Between the hours of 7:00 a.m. and 3:00 p.m. in the circular
driveway in front of Aaron Decker School. [Added 7-19-1994 by Ord. No. 1994-10]
§ 225-18.1. Parking restricted in special areas. [Added 6-21-1983 by Ord. No. 13-83]
A. The parking of vehicles in and around the Carey Avenue Firehouse shall be limited and
restricted as follows:
(1) Vehicles, when permitted to be parked at the Carey Avenue Firehouse, shall only
be parked within the areas specifically provided for parking and not within areas
reserved for ingress and egress of fire lanes.
(2) There shall be no parking of any vehicles at the Carey Avenue Firehouse between
the hours of 3:00 a.m. and 6:00 a.m., except vehicles driven by members of the
fire companies of the Borough of Butler, provided that the vehicles have been
parked as the result of firemen reporting for duty to fight a fire or some related activity.
(3) No person other than a member of the fire companies of the Borough of Butler
shall park a vehicle at any time within those parking stalls designated for firemen only
and striped in yellow.
(4) Persons other than members of the fire companies of the Borough of Butler may
park in the parking stalls not designated for firemen only and striped in white
during those times when the drivers of said vehicles are participating in or
attending functions at the Carey Avenue Firehouse, only.
225:7
§ 225-18.1
BUTLER CODE
§ 225-18.3
B. Every person convicted of a violation of the provisions of this section or any supplement
thereto shall be liable for a penalty of not more than $50.
C. The parking of vehicles in and around the Butler Police Headquarters shall be limited
and restricted as follows: [Added 7-21-1998 by Ord. No. 1998-28]
(1) Visitor parking "for police business only" in parking stalls marked as same located
on the north side of the main parking lot running for 65 feet from High Street east
to the bridge leading into the park.
(2) There shall be no public or visitor parking in parking stalls marked "police
vehicles only" which are located in front of the garage bays, along with the two
stalls marked "communication specialist" which are located on the east and the
south portion of the main lot.
(3)
There shall be no visitor or public parking in the center apron area of the lot.
§ 225-18.2. Handicapped parking. [Added 11-18-1985 by Ord. No. 23-85; amended
2-14-1989 by Ord. No. 6-89; amended 2/16/2021 by Ord. No. 2021-1; amended 3-15-2022 by
Ord. No. 2022-02]
A. There are hereby established the following handicapped parking spaces which shall be
utilized only by those persons to whom a handicapped permit has been issued by the
Department of Motor Vehicles:
(1)
On Main Street, a handicapped parking space located on the north side of Main
Street approximately 318 feet from Short Street.
(2) On West Belleview Avenue, two handicapped spaces located on the south side of
West Belleview Avenue adjacent to Tax Lot 26, Block 40, on the Tax Maps of the
Borough of Butler, approximately 560 feet from Gifford Street.
(3) On Cook Street, one handicapped parking space located on the west side of Cook
Street in front of Lot29, Block 10 as shown on the Tax Map of the Borough of Butler.
(4) On Arch Street, a handicapped parking space located on the westerly side in front of
Block 16, Lot 16.01 on the Tax Map of the Borough of Butler, also known as 103
Arch Street.
B. It shall be unlawful for any unauthorized vehicle to park in a space designated for
handicapped parking on any private or public property within the Borough of Butler.
[Added 10-9-1990 by Ord. No. 1990-212 ]
C. Any person violating the terms of this section shall be subject to a fine of $250 for a first
offense. For any subsequent violation of this section, a fine of at least $250 and up to 90
days of community service shall be imposed. [Added 10-9-1990 by Ord. No. 1990-213 ;
amended 10-7-2003 by Ord. No. 2003-23]
§ 225-18.3. (Reserved) 4
2. Editor's Note: This ordinance also repealed former § 225-18.2B concerning violations and marking of spaces.
3. Editor's Note: This ordinance also repealed former § 225-18.2C concerning violations and marking of spaces.
4. Editor's Note: Former § 225-18.3, Museum parking lot, added 12-17-1985 by Ord. No. 22-85, was repealed 7-21-1992
by Ord. No. 1992-13. For current provisions, see § 225-23.
225:8
§ 225-19
VEHICLES AND TRAFFIC
§ 225-22
§ 225-19. Loading zones designated.
The locations described in Schedule X (§ 225-47), attached to and made a part of this chapter,
are hereby designated as loading zones.
§ 225-19.1. Temporary loading zones. [Added 1-21-1986 by Ord. No. 1-86]
A. There are hereby established two loading zones, which loading zones are located as
follows: beginning at a point 100 feet in an easterly direction on Main Street, from the
intersection of Main Street and Manning Avenue, and beginning at a point 440 feet in an
easterly direction on Main Street, from the intersection of Main Street and Manning
Avenue, which loading zones encompass an area normally utilized for parking, but which
shall be treated as loading zones for utilization by trucks when appropriate signs are
posted in the area giving clear notice that the area is about to be utilized or is being
utilized as a loading zone for commercial vehicles.
B. During those periods of time that the area described above is posted with signs indicating
that it is to be used for a loading zone, no one shall park a vehicle in that area or use the
area other than for a loading zone for commercial vehicles.
C. Any person convicted of utilizing the above-described loading zone when properly
posted as a loading zone for uses other than a loading zone shall be fined the sum of $50.
§ 225-20. (Reserved) 5
§ 225-21. (Reserved) 6
ARTICLE VII
Municipal Parking Lots
§ 225-22. Restrictions.
A. Type of vehicle prohibited. Parking of all trucks over two tons gross weight is hereby
prohibited in the municipal parking lots of the Borough.
B. Repair and maintenance work prohibited. No general repair and maintenance work shall
be permitted to be undertaken on vehicles parked in the municipal parking lots of the
Borough other than simple emergency remedial repairs. Any disabled vehicle requiring
more extensive repair shall be removed from the lot within two hours of such
disablement and, if not so removed, may be towed away by the Borough at the owner's
expense, and the owner shall be fined under the provisions of § 225-4.
5. Editor's Note: Former § 225-20, Taxi stands designated, was repealed 2-20-2007 by Ord. No. 2007-3.
6. Editor's Note: Former § 225-21, Bus stops designated, was repealed 10-18-2005 by Ord. No. 2005-23.
225:9
§ 225-23 BUTLER CODE § 225-25
§ 225-23. Parking limit on certain lots. [Amended 6-2-1980 by Ord. No. 80-8; 7-21-1992
by Ord. No. 1992-13; 10-16-2001 by Ord. No. 2001-19; 2-19-2002 by Ord. No. 2002-5;
2-24-2002 by Ord. No. 2007-1; 5-15-2007 by Ord. No. 2007-10; 2-19-2008 by Ord. No.
2008-2]]
A.
Harmon lot. Parking at the Harmon parking lot located near the intersection of Boonton
Avenue and Carey Avenue shall be limited as follows:
(1)
Spaces designated as "permit parking only" shall be limited to parking by
vehicles which have obtained a permit from the Borough Clerk and shall
include permitted overnight parking.
(2)
All other parking shall be limited to 6:00 a.m. to 11:00 p.m., and there
shall be no overnight parking.
B.
Permit parking at the Harmon lot. The following provisions apply to permit parking in the
Harmon lot:
(1)
Fees for a permit to park in the lot will be issued as available for an annual fee of
$600 per person or a six-month permit for $300. The permits will be available in six-
month increments beginning January 1 of each calendar year.
(2)
Permit parking shall be available for noncommercial vehicles only.
(3)
Permit parking shall be limited to residents of Butler.
(4)
There shall be no more than two permits permitted per family.
(5)
Permits shall be nonrefundable and nontransferable.
(6) The Borough Administrator, with the consent of the Borough Council, shall
determine on an annual basis the total number of spaces which shall be designated for
permit parking.
(7) Permit parking shall be prohibited during such times when snow plowing on the lot is
necessary or when parking lot maintenance is required.
(8)
Each application must include all applicant information and vehicle identification.
ARTICLE VIII
Turn Prohibitions and Lane Reservations
§ 225-24. U-turns.
No person shall make a U-turn on any of the streets or parts of streets described in Schedule
XIII (§ 225-50), attached to and made a part of this chapter.
§ 225-25. Turns at intersections.
No person shall make a turn of the kind designated (left, right, all) at any of the locations
described in Schedule XIV (§ 225-51), attached to and made a part of this chapter.
225:10
§ 225-26 VEHICLES AND TRAFFIC § 225-30
§ 225-26. Prohibited right turns on red signal.
No person shall make a right turn when facing a steady red signal (stop indication) at any of
the locations described in Schedule XV (§ 225-52), attached to and made a part of this
chapter, whenever official signs are present prohibiting such turn.
§ 225-27. Lane use reservations.
The lane locations described in Schedule WI (§ 225-53), attached to and made a part of this
chapter, are designated as lane use reservations and traffic shall move only as indicated.
ARTICLE IX
Emergency No Parking
§ 225-28. 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 (§ 225-54), 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.
§ 225-29. 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 emergency no-parking signs when weather
conditions, accidents, fires, public celebrations or such other situations or occasions
dictate or require the avoidance of hazards or other conditions which interfere with the
free flow of traffic.
B.
Notification that 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.
§ 225-30. Removal of vehicles.
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 removal
and storage which may result from such removal before regaining possession of the vehicle.
225:11
§ 225-31 BUTLER CODE § 225-35
§ 225-31. Effectiveness of article.
The effectiveness of this article is contingent upon signs being erected as required by law.
ARTICLE X
Speed Limits
§ 225-32. Limits established.
The speed limit for both directions of traffic along the streets or parts thereof described in
Schedule XVIII (§ 225-55), attached to and made a part of this chapter, is hereby established
at the rate of speed indicated.
§ 225-33. 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.
§ 225-33.1. Low-speed vehicles. [Added 5-16-2006 by Ord. No. 2006-15]
A. Definitions. Unless specifically provided, the following words and terms shall be
construed and defined as follows:
LOW-SPEED VEHICLE — A motor vehicle:
(1)
That is four-wheeled;
(2) Whose speed attainable in 1.6 km (one mile) is more than 32 kilometers per hour
(20 miles per hour) and not more than 40 kilometers per hour (25 miles per hour)
on a paved level surface; and
(3)
Whose GVWR is less than 1,134 kilograms (2,500 pounds).
B. It shall be a violation of this chapter to operate a low-speed vehicle upon any public road
or highway under the jurisdiction of the Borough of Butler.
ARTICLE XI
Traffic Control Signals
§ 225-34. Traffic signals established.
Traffic control signals shall be installed and operated at the intersection of those streets
described in Schedule XIX (§ 225-56), attached to and made a part of this chapter.
§ 225-35. 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
225:12
§ 225-35 VEHICLES AND TRAFFIC § 225-37
conform to the design and shall be maintained in operation as authorized by the Department
of Transportation of the State of New Jersey.
ARTICLE XII
No-Passing Zones
§ 225-36. No-passing zones established.
No-passing zones are hereby established and maintained along those streets or parts of streets
described in Schedule XX (§ 225-57), 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 XIII
Regulation of Private Property
§ 225-37. Application of Subtitle 1 of Title 39 to private property.
A. Pursuant to N.J.S.A. 39:5A-1, the Motor Vehicle and Traffic Regulations of Subtitle 1 of
Title 39 of the New Jersey Statutes shall apply to the private properties listed in Schedule
XXI (§ 225-58), attached to and made a part of this chapter.
B. Meadtown Shopping Center. [Added 3-4-1986 by Ord. No. 3-867 ]
(1) Upon the placing of the notice hereinafter described, no person shall stand or park
any vehicle on the lands or premises commonly known as the "Meadtown
Shopping Center" in the Borough of Butler without the permission of the owner,
occupant, lessee or licensee thereof. Such notice shall consist of a sign not less
than 18 inches by 24 inches upon which there shall be written the words
"Three-Hour Parking for Customers Only," together with a statement that parking
on said premises without the permission of the owner or occupant constitutes a
violation of this section.
(2) Said sign shall be posted upon said land or premises by the owner or occupant,
lessee or licensee, and, upon such posting, the provisions of this section shall apply
thereto.
C. Butler Ridge Apartment Complex. [Added 4-12-1994 by Ord. No. 1994-4]
(1)
All vehicles must park only in designated areas and between the lines provided.
(2) Handicapped parking. All stalls shall be 12 feet wide as shown on the attached site
plan and signed with R7-8 (reserved parking sign and penalty plat) in the
designated parking areas for persons who have been issued the handicapped
parking permits by the Division of Motor Vehicles.
7. Editor's Note: This ordinance also provided that it shall take effect as provided by law and upon the approval thereof
by the Commissioner of Transportation of the State of New Jersey.
225:13
§ 225-37
BUTLER CODE
§ 225-37
(3) Through street. The following 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 have been provided for in
the designation:
Name of Street
Limits
Center Court
Entire length
Edgemere Court
Entire length
(4)
Speed limits.
(a) The speed limits for both directions of traffic in the parking lots shall be 15
miles per hour.
(b) The speed limits for both directions of travel on the following roads are:
Speed Limit
Name of Street
All courts
(mph)
15
Location
Entire length
(c) Regulatory and warning signs shall be erected and maintained to effect the
above designated speed limits authorized by the Department of
Transportation.
(5) Tow-away. Any vehicle parked or standing as to obstruct or impede normal flow
of traffic, block entrances or exitways, loading zones, oil fills, any grass area,
pedestrian walkway or present in any way a safety or traffic hazard may be
removed by towing the vehicle at the owner's or operator's expense.
(6) Restricted parking. No person shall stop or stand a vehicle any time upon any of
the streets or parts of streets described:
Name of Street
Side
Hours
Location
Center Court
Both
All
Entire length
Edgemere Court
Both
All
Entire length
(7) All signs, posts or other necessary materials shall be installed and paid for by the
applicant. Work shall be checked by the Police Department to ensure installations
meet state and federal specifications, and all signing shall conform to the current
Manual on Uniform Traffic Control Devices.
(8) Unless another penalty is expressly provided by New Jersey State statute, every
person convicted of a violation of this subsection or any supplement thereto shall
be liable to a penalty of not more than $50 or imprisonment for a term not
exceeding 15 days, or both.
225:14
§ 225-37
VEHICLES AND TRAFFIC
§ 225-37
(9) Effect of regulations. If any part of this regulation is for any reason held to be
invalid, such decision shall not affect the validity of the remaining portion of the
regulation.
D. Cambridge Heights. [Added 10-18-2005 by Ord. No. 2005-22]
(1)
General parking.
(a) All vehicles must park in designated areas and between the lines provided.
(b) No person shall stop or stand a vehicle upon any of the streets or parts of
streets described below, except in areas covered by other parking restrictions.
Name of Street
Sides
Hours
Location
All roads and
aisles
Both
All
As indicated on the site
plan 8
(c) Handicapped parking. All stalls shall be 12 feet wide as shown on the
attached site plan9 and signed with the R7-8 and R7-8P (Reserved Parking
Sign and Penalty Plate), in the designated parking areas for persons who have
been issued a handicapped parking permit by the Motor Vehicle Commission.
(2)
Through streets and stop intersections.
(a) Through streets. The following 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 designation.
Name of Street
Limits
Cambridge Drive
Entire length
(b) Stop intersections. The following described intersections are hereby
designated as stop intersections. Stop signs shall be installed as provided
therein.
Intersection
Stop Sign On
Exit "A" and Maple Lake Road
Exit "A"
(3)
One-way streets. The following described streets or parts of streets are hereby
designated as one-way streets in the direction indicated.
8. Editor's Note: The site plan is on file in the Borough offices.
9. Editor's Note: The site plan is on file in the Borough offices.
225:15
§ 225-37
BUTLER CODE
§ 225-37
Name of Street
Direction
Limits
Exit "A"
West
Entire length
(4)
Speed limits.
(a) The speed limit for both directions of travel on the following roadways are:
Speed Limit
Name of Roadway
All roads and aisles
(mph)
15
Limits
Entire length
(b) Regulatory and warning signs shall be erected and maintained to effect the
above-designated speed limits authorized by the Department of
Transportation.
(5) Tow-away zones. Any vehicle parked or standing as to obstruct or impede a
normal flow of traffic, block entrances or exitways, loading zones, oil fills, any
grassy area pedestrian walkway, or present in any way a safety or traffic hazard
may be removed by towing the vehicle at the owner's or operator's expense.
(6)
Loading zone(s). The locations described are hereby designated as loading zones.
No person shall park a vehicle in said location during the times indicated other
than for the loading or unloading of goods and materials.
Name of Street
Sides
Hours
Location
Cambridge Drive
Both
All
As indicated on the site plan 10
(7) Authorized vehicles only. The following streets or parts of streets shall be
designated as use for authorized vehicles only. No vehicle other than an authorized
vehicle shall enter upon the below roadway.
Name of Street
Limits
Winthrop Road
Between Lakeside Avenue and Terrace Lake
Drive
(8) All signs, posts, or other necessary materials shall be installed and paid for by the
applicant. All signing shall conform to the current Manual on Uniform Traffic
Control Devices, pursuant to N.J.S.A. 39:4-198 and N.J.S.A. 39:4-183.27.
(9) Unless another penalty is expressly provided for by New Jersey Statute, every
person convicted of a violation of this subsection or any supplement thereto shall
10. Editor's Note: The site plan is on file in the Borough offices.
225:16
§ 225-37
VEHICLES AND TRAFFIC
§ 225-38
be subject to a penalty of not more than $50 or imprisonment for a term not
exceeding 15 days, or both.
ARTICLE XIV
Schedules
§ 225-38. Schedule I: No Parking.
In accordance with the provisions of § 225-9, no person shall park a vehicle at any time upon
any of the following described streets or parts of streets:
Name of Street
Ace Road [Added 4-13-1993 by
Side
Both
Location
Entire length
Ord. No. 1993-6]
Argonne Road [Added 5-18-2010 by
Ord. No.2010-3]
Both
Entire Length
Bartholdi Avenue [Added
7-15-1986 by Ord. No. 14-86]
West
From the intersection of Washington
Avenue and Bartholdi Avenue 210 feet
to telephone pole No. BMP616
Boonton Avenue
Both
From Carey Avenue to West Belleview
Avenue
Boonton Avenue
Both
From Hasbrouck Avenue to Valley Road
Boonton Avenue
Both
From 200 feet south of Route 23 to 200
feet north of Route 23
Boonton Avenue [Added
East
From the intersection of Hasbrouck
7-15-1986 by Ord. No. 14-86]
Avenue and Boonton Avenue to the
intersection of Belleview Avenue and
Boonton Avenue
Boonton Avenue
East
From Main Street south for 170 feet
Boonton Avenue
West
From 65 feet south of Kiel Avenue to
Carey Avenue
Carey Avenue
North
From Boonton Avenue to Robert Street
Cook Street [Added 10-21-1997
by Ord. No. 1997-23]
East
From Boonton Avenue to Belleview
Avenue for a distance of 390 feet
Decker Road [Added 5-12-1992
by Ord. No. 1992-6]
Northeast
From Debow Terrace to the Nire
Building driveway, approximately 900
feet
Decker Road [Added 5-20-2008
by Ord. No. 2008-5; Amended
11-17-2008by Ord. No. 2008-15]
Northeast
Beginning at the exit of the Aaron
Decker School running west 120.
Decker Road [Added 4-6-1981
by Ord. No. 81-1]
West
From Leonard Road to driveway exit of
Aaron Decker School parking lot
Elm Street [Added 10-21-1997
by Ord. No. 1997-23]
South
From Beech Street West for a distance
of 145 feet
Homestead Avenue [Added
10-21-1997 by Ord. No. 1997-23]
East
From Kiel Avenue to end of Homestead
Avenue for a distance of 550 feet
225:17
§ 225-38
BUTLER CODE
§ 225-38
Name of Street
John Street [Added 4-6-1981 by
Ord. No. 81-1]
Side
East
Location
Entire length
High Street [Added 1-19-2010 by
Ord. No. 2010-1]
North
From Robert Street to Park Place (a
distance of 596 feet)
Kiel Avenue
Both
From Boonton Avenue west for 165 feet
Kiel Avenue [Added 4-13-1993
by Ord. No. 1993-6]
North
From the intersection of Whitteck Street
and Kiel Avenue 75 feet in both the
easterly and westerly directions
Kiel Avenue [Added 7-15-1986
by Ord. No. 14-86]
Northwest
From the intersection of Maple Court
and Kiel Avenue 575 feet to the
intersection of Boonton Avenue and
Kiel Avenue
Lafayette Avenue [Added
8-21-2001 by Ord. No. 2001-20]
South
East of Bartholdi Avenue
Lincoln Road [Added 6-19-2007
by Ord. No. 2007-16]
Both
250 feet in a westerly direction from the
intersection of Lincoln Road and Route
23
Mabey Lane
South
From Bartholdi Avenue to Boonton
Avenue
Mabey Lane [Added 7-19-1994
by Ord. No. 1994-10]
South
554 feet from the intersection of
Bartholdi Avenue to the east curb on
Pearl Place
Main Street [Amended 5-7-1984
by Ord. No. 6-84]
North
From 290 feet east of Short Street east
for 813 feet
Main Street [Amended 5-7-1984
by Ord. No. 6-84]
South
From Park Place east for 1,182 feet
Maple Lake Road [Added
1-17-2006 by Ord. No. 2006-1]
Both
Beginning at the common municipal
boundary line between the Borough of
Kinnelon and the Borough of Butler and
running in a northerly direction for a
distance of approximately 2,028 feet
along the center line of Maple Lake
Road, a curbed roadway of varying
pavement width, and ending at the
intersection of Maple Lake Road with
the Paterson Hamburg Turnpike, shall
be designated as a no-parking zone
along its entire length
Morse Avenue [Added 5-17-2005
by Ord. No. 2005-6]
Both
No parking on either side of Morse
Avenue from its projected intersection at
Route 23 N and continuing northeasterly
down Morse Avenue approximately 550
feet to the intersection with the
southerly lot line of Lot 39 in Block 78
225:18
§ 225-38
VEHICLES AND TRAFFIC
§ 225-39
Name of Street
Morse Avenue
Side
Both
Location
Within 25 feet of the driveway entrance
to the Tri-Boro First Aid Squad building
and on the side opposite the entrance to
the building, within 75 feet of the
entrance
North Western Avenue [Added
10-21-1997 by Ord. No. 1997-23]
East, south
and west
From Kiel Avenue to Kiel Avenue for a
distance of 1,690 feet
Orchard Street [Added
10-21-1997 by Ord. No. 1997-23]
South
From Spring Street to Roosevelt Avenue
for a distance of 330 feet
Outlook Street [Added
10-21-1997 by Ord. No. 1997-23]
North
From Cascade Way to Greenwood
Avenue for a distance of 550 feet
Plane Street
Both
From Short Street east for 50 feet
Plane Street [Added 7-16-1991
by Ord. No. 1991-5]
East
Between the driveway of 17 Plane Street
and 40 Third Street
Smith Street [Added 10-21-1997
by Ord. No. 1997-23]
South
From Roosevelt Avenue to end of Smith
Street for a distance of 500 feet
Spring Street [Added 10-21-1997
by Ord. No. 1997-23]
West
From Kiel Avenue to Smith Street for a
distance of 1,100 feet
Terrace Avenue [Added
10-3-1983 by Ord. No. 18-83]
South
From Holly Court to Lakeside Avenue
Valley Road [Added 2-14-1989
by Ord. No. 7-89]
North
From a point 348 feet from Cedar Street
a distance of 80 feet
Valley Road [Added 7-19-1994
by Ord. No. 1994-10]
South
From Boonton Avenue to Grace Valley
Road
Valley Road [Added 2-14-1989
by Ord. No. 7-89]
South
From a point 470 feet from Grace
Valley Road a distance of 92 feet
Valley Road [Added 6/16/2009
by Ord. No. 2009-3]
VanHouten Avenue [Added
10-21-1997 by Ord. No. 1997-23]
South
West
Beginning at the intersection with
Roosevelt Avenue to Route 23.
From Terrace Avenue to end of
VanHouten Avenue for a distance of
630 feet
Washington Street [Added
6-17-2003 by Ord. No. 2003-14]
South
Entire length
Whitteck Street [Added
4-13-1993 by Ord. No. 1993-6]
East
From the intersection of Kiel Avenue
and Whitteck Street a distance of 75 feet
Whitteck Street [Added
2-14-1989 by Ord. No. 7-89]
West
From Kiel Avenue for its entire length
§ 225-39. Schedule II: No Parking Certain Hours.
[Amended 4-6-1981 by Ord. No.
81-1; Amended 3-17-2020 by Ord. No. 2020-2]
In accordance with the provisions of § 225-10, no person shall park a vehicle between the
hours listed upon any of the following described streets or parts of streets:
225:19
§ 225-39
BUTLER CODE
§ 225-40
Name of Street
Bartholdi Avenue
Side
East
Hours/Days
7:30 a.m. to 9:00 pm
Location
From Belleview Avenue
Hillcrest Avenue
[Added 3-17-2020 by Ord.
No. 2020-2]
Both
Monday – Friday
9:00 a.m. to 5:00 pm
From the Intersection with
Route 23 North to a point
400 feet in the Northerly
direction along Hillcrest
Avenue
Kiel Avenue
South
a.m., 2:00 p.m. to
3:30 p.m./school
days
Hasbrouck Avenue
East
7:00 a.m. to 7:00
p.m.
From 97 feet east of
Maple Court to 78 feet
west of Maple Court
Lakeside Avenue [Added
10-3-1983 by Ord. No.
18-83; amended 8-4-2003
by Ord. No. 2003-20]
All/All
From Terrace Avenue to
Hamburg Turnpike
Park Place
East
4:00 p.m. to 7:00
p.m./Mon.-Sat.;
8:00 a.m. to 1:00
p.m./Sun. and
holidays
From High Street to
Main Street
Pearl Place
Both
8:00 a.m. to 4:00
p.m./ school days
From Mabey Lane to
Hasbrouck Avenue
Terrace Avenue [Added
North
8:00 a.m. to 8:00
From Holly Court to
10-3-1983 by Ord. No.
18-83]
p.m./from May 25
to September 15
Lakeside Avenue
§ 225-40. Schedule III: No Stopping or Standing.
In accordance with the provisions of § 225-11, 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
Decker Road [Added
Side
West
Hours/Days
All times
Location
From the southerly curbline of
7-19-1994 by Ord. No.
1994-10]
of the Butler Plaza shopping
center entrance to a point
660 feet southerly therefrom
to where the Decker Road
curbline meets the Kiel
Avenue curbline
Decker Road [Added
7-19-1994 by Ord. No.
1994-10]
West and
North
8:00 a.m. to 4:00
p.m./Mon.-Fri.
From the northerly curbline of
the Butler Plaza shopping
center entrance to a point
900 feet northerly and
easterly therefrom to the
point where the Decker Road
curbline is met by the
easterly school property line
225:20
§ 225-40
VEHICLES AND TRAFFIC
§ 225-41
Name of Street
Side
Hours/Days
Location
Main Street [Added
12-18-1979 by Ord. No.
79-20]
East
All times
From Park Place east for 205
feet
§ 225-41. Schedule IV: Time Limit Parking. [Amended 4-6-1981 by Ord. No. 81-1]
In accordance with the provisions of § 225-12, no person shall park a vehicle for longer than
the time limit shown upon any of the following streets or parts of streets:
Name of Street
Side
Time Limit;
Hours/Days
Location
Arch Street
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
From Main Street north for
800 feet
Bartholdi Avenue
Both
1 hour; 8:00 a.m.
to 4:00 p.m.,
school days
From Carey Avenue to
Belleview Avenue
Bartholdi Avenue
West
1 hour; 8:00 a.m.
to 4:00 p.m.,
school days
From Belleview Avenue to
Mabey Lane
Belleview Avenue
Both
1 hour; 8:00 a.m.
to 4:00 p.m.,
school days
From Bartholdi Avenue to
Boonton Avenue
Belleview Avenue
[Amended 6-19-1984 by
Ord. No. 7-84]
North
1 hour; 8:00 a.m.
to 4:00 p.m.,
school days
From Bartholdi Avenue to
Pearl Place
Belleview Avenue [Added
2-13-1990 by Ord. No.
1990-3]
South
1 hour; 8:00 a.m.
to 4:00 p.m.,
school days
From Pearl Place to Myrtle
Avenue
Boonton Avenue
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
From Kiel Avenue to Brook
Street
Butler Place
Both
1 hour; 8:00 a.m.
to 4:00 p.m.,
school days
From Pearl Place to Myrtle
Avenue
Carey Avenue [Amended 1-
19-2010 by Ord. No. 2010-1]
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
Carey Avenue 381 ft. from
Boonton Ave. toward
Bartholdi Avenue.
Hasbrouck Avenue
[Amended 6-19-1984 by
Ord. No. 7-84]
South
1 hour; 8:00 a.m.
to 4:00 p.m.,
school days
Entire length
High Street
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
From Boonton Avenue to
John Street
225:21
§ 225-41
BUTLER CODE
§ 225-41
Name of Street
Side
Time Limit;
Hours/Days
Location
John Street
West
1 hour; 7:00 a.m.
to 7:00 p.m.
Entire length
Kiel Avenue
North
2 hours; 7:00 a.m.
to 7:00 p.m.
From 165 feet east of
Boonton Avenue to Maple
Court
Kiel Avenue
North
1 hour; 7:00 a.m.
to 7:00 p.m.
From Maple Court to
Gifford Street
Kiel Avenue
South
1 hour; 7:00 a.m.
to 7:00 p.m.
From 165 feet east of
Boonton Avenue to Gifford
Street
Main Street [Amended
2-20-2007 by Ord. No.
2007-3]
Both
2 hours; 7:00 a.m.
to 7:00 p.m.,
including Sundays
and public
holidays
Entire length
Manning Avenue
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
Entire length
Park Place
East
2 hours; 7:00 a.m.
to 4:00 p.m.
From High Street to Main
Street
Park Place
West
1 hour; 7:00 a.m.
to 7:00 p.m.
From Main Street to Kiel
Avenue and High Street
Pearl Place [Amended
East
1 hour; 8:00 a.m.
From Belleview Avenue to
6-19-1984 by Ord. No.
7-84; 7-16-2002 by Ord.
No. 2002-34]
to 4:00 p.m.,
school days
Hasbrouck Avenue
Plane Street
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
Entire length
Short Street
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
Entire length
West Belleview Avenue
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
From 200 feet west of
Boonton Avenue to 130 feet
east of Boonton Avenue
Whitteck Street
[Amended 4-13-1993 by
Ord. No. 1993-6]
East
1 hour; 7:00 a.m.
to 7:00 p.m.
From a point 75 feet from
the intersection of Kiel
Avenue and Whitteck Street
through the remainder of
Whitteck Street
225:22
§ 225-42 VEHICLES AND TRAFFIC § 225-42
§ 225-42. Schedule V: Trucks Over Certain Weight Excluded. [Amended 9-18-1984 by
Ord. No. 17-84]
In accordance with the provisions of § 225-13, trucks over the indicated 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
Weight Limit
(tons)
Location
Bartholdi Avenue
4
Entire length
Belleview Avenue [Added
12-17-1996 by Ord. No. 1996-13;
amended 4-15-1997 by Ord. No.
1997-5]
4
From Bartholdi Avenue to Morse
Avenue
Carey Avenue
4
From Robert Street to end
Cascade Way [Added 2-14-1989 by
Ord. No. 4-89]
4
Entire length from Route 23 to
Borough of Kinnelon boundary
line
Dean Road [Added 3-4-1986 by
Ord. No. 4-86; amended 6-2-1987
by Ord. No. 8-87 11 ]
4
From Boonton Avenue to Siek
Road within the Borough of
Butler towards Cutlass Road in
the Borough of Kinnelon
Decker Road [Added 5-12-1992 by
Ord. No. 1992-6]
4
Entire length
Hasbrouck Avenue [Added
7-20-2004 by Ord. No. 2004-8]
4
From Bartholdi Avenue to
Boonton Avenue
High Street
4
From Robert Street to Fairview
Avenue
Hillcrest Avenue [Added 5-19-1998
by Ord. No. 1998-16]
4
Entire length
Lafayette Avenue [Added 9-19-1989
by Ord. No. 28-89]
4
Entire length
Maybe Lane [Added 7-20-2004 by
Ord. No. 2004-8]
4
From Bartholdi Avenue to
Boonton Avenue
Morse Avenue [Added 12-17-1996
by Ord. No. 1996-13; amended
4-15-1997 by Ord. No. 1997-5]
4
From Route 23 to Belleview
Avenue
Myrtle Avenue [Added 12-17-1996
by Ord. No. 1996-13; amended
4-15-1997 by Ord. No. 1997-5]
4
From Morse Avenue to Carey
Avenue
11. Editor's Note: This ordinance also provided that regulatory and warning signs shall be erected and maintained to
effectuate the above-designated weight limitation as authorized by the Department of Transportation and that this
ordinance shall take effect upon approval by the Commissioner of Transportation.
225:23
§ 225-42
BUTLER CODE
§ 225-44
Name of Street
Weight Limit
(tons)
Location
Roosevelt Avenue [Amended
5-19-1998 by Ord. No. 1998-16]
4
Entire length
Western Avenue [Added 5-19-1998
by Ord. No. 1998-16]
4
Entire length
§ 225-43. Schedule VI: One-Way Streets.
In accordance with the provisions of § 225-14, the following described streets or parts of
streets are hereby designated as one-way streets in the direction indicated:
Stop Sign on
Direction of
Travel
Location
Argonne Road
[Added 5-18-2010 by Ord. No.
2010-3]
South
Entire Length from Route 23 South
to opposite end onto Route 23
South
Boonton Avenue
South
From Kiel Avenue to Carey
Avenue
Carey Avenue
East
From Boonton Avenue to Robert
Street
Cascade Way [Added 7-15-1980 by
Ord. No. 80-9]
East
From Roosevelt Avenue to Route
23
Cook Street [Added 7-15-1986 by Ord. No. 14-86; repealed 4-21-1987 by Ord. No.
3-87]
High Street
West
From Robert Street to Boonton
Avenue
Mabey Lane
East
From Bartholdi Avenue to Pearl
Place
Mabey Lane
West
From Bartholdi Avenue to
Boonton Avenue
Pearl Place
North/East
From Mabey Lane to Hasbrouck
Avenue
Robert Street
North
From Carey Avenue to High
Street
§ 225-44. Schedule VII: Through Streets.
In accordance with the provisions of § 225-15, 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
Bartholdi Avenue
From Route 23 to Carey Avenue Belleview
Avenue
From Cleary Avenue to Bartholdi Avenue
Boonton Avenue
From the Kinnelon-Butler line to Route 23
225:24
§ 225-44
VEHICLES AND TRAFFIC
§ 225-46
Name of Street
Limits
Boonton Avenue
From Route 23 to Main Street
Carey Avenue
From Myrtle Avenue to Boonton Avenue
Cascade Way
From Route 23 to the Kinnelon-Butler line
Decker Road
From Kiel Avenue to Hamburg Turnpike
High Street [Amended 6-16-1992 by
From Fairview Avenue to Robert Street
Ord. No. 1992-10]
Kiel Avenue
From Route 23 to Boonton Avenue
Main Street
Entire length
Paterson-Hamburg Turnpike
Entire length
Valley Road
From Boonton Avenue to Route 23
§ 225-45. Schedule VIII: Stop Intersections.
In accordance with the provisions of § 225-16, the following described intersections are
hereby designated as stop intersections, and stop signs shall be installed as follows:
Intersection
Stop Sign On
Argonne Road and Route 23 South
Argonne Road
[Added 5-18-2010 by Ord. No. 2010-3]
Gormley Lane and Kikeout Road
Kikeout Road
John Street and Central Avenue
Central Avenue
Kikeout Road and Tintle Road
Tintle Road
Morse Avenue and Struble Street
Struble Street
Myrtle Avenue and Richard Street
Myrtle Avenue and Richard Street*
*Three-Way Stop Intersection
Pearl Place and Hasbrouck Avenue
Hasbrouck Avenue
Pine Street and New Street
Pine Street
[Added 7-20-2010 by Ord. No. 2010-4]
Sunset Avenue and Leonard Road
Sunset Avenue
[Added 7-20-2010 by Ord. No. 2010-4]
South Gifford Street and Elm Street
South Gifford Street
[Added 7-20-2010 by Ord. No. 2010-4]
§ 225-46. Schedule IX: Yield Intersections.
In accordance with the provisions of § 225-17, the following described intersections are
hereby designated as yield intersections, and yield signs shall be installed as follows:
Intersection
Yield Sign On
(Reserved)
.
225:25
§ 225-47
BUTLER CODE
§ 225-51
§ 225-47. Schedule X: Loading Zones.
In accordance with the provisions of § 225-19, the following described locations are hereby
designated as loading zones:
Name of Street
Side
Location
(Reserved)
§ 225-48. (Reserved) 12
12. Editor's Note: Former § 225-48, Schedule XI: Taxi Stands, was repealed 2-20-2007 by Ord. No. 2007-3
§ 225-49. (Reserved) 13
§ 225-50. Schedule XIII: U-Turn Prohibitions.
In accordance with the provisions of § 225-24, no person shall make a U-turn at any of the
following locations:
Name of Street Location
Main Street [Added 5-19-1998 by Ord. No. Park Place to Manning Avenue (including
1998-17] turns into parking places)
§ 225-51. Schedule XIV: Prohibited Turns at Intersections.
In accordance with the provisions of § 225-25, no person shall make a turn of the kind
designated below at any of the following locations:
Intersection Turn Prohibited Time Movement Prohibited
Bartholdi Avenue and Left All Northbound on Bartholdi
Lafayette Street Avenue to westbound on
[Added 12-17-1996 Lafayette Avenue
by Ord. No. 1996-13;
amended 4-15-1997 by
Ord. No. 1997-5;
2-16-1999 by Ord. No.
1999-5]
Hillcrest Avenue and Left All Left turn off of Hillcrest Kiel
Avenue onto Kiel Avenue
[Added 5-18-2010 by
Ord. No. 2010-3]
225:26
§ 225-52 VEHICLES AND TRAFFIC § 225-53
§ 225-52. Schedule XV: Prohibited Right Turns on Red Signals. [Amended 12-13-
1994 by Ord. No. 1994-19]
In accordance with the provision of § 225-26, no person shall make a right turn when
facing a steady red signal (stop indication) in any of the following locations:
Location Prohibited Right Turn
Decker Road Onto Hamburg Turnpike
§225-53. Schedule XVI: Lane Use Reservations.
In accordance with the provisions of § 225-27, all vehicles shall move as described below:
Intersection
(Location) Lane Reserved Purpose
(Reserved)
13. Editor's Note: Former § 225-49, Schedule XII: Bus Stops, as amended, was repealed 10-18-2005 by Ord. No. 2005-23.
225:27
§ 225-54 VEHICLES AND TRAFFIC § 225-56
§ 225-54. Schedule XVII: Snow Emergency No-Parking Areas. [Amended 6-17-2003 by
Ord. No. 2003-15]
In accordance with the provisions of § 225-28, no person shall park a vehicle upon either side of
any of the streets or parts of streets within the Borough of Butler whenever snow has fallen and
the accumulation is such that it covers the street or highway:
§ 225-55. Schedule XVIII: Speed Limits. [Amended 11-12-2019 by Ord. No. 2019-17;
Amended 03-12-2022 by Ord. No. 2022-03]
In accordance with the provisions of § 225-32, speed limits are hereby established upon the
following described streets or parts thereof:
Name of Street
Speed Limit
(miles per hour)
Location
Bartholdi Avenue
[Amended 5-17-1988 by
Ord. No. 13-88; 2-14-1989
by Ord. No. 5-89]
30
From Route 23 to Carey Avenue, except
for 25 miles per hour when passing
through the Butler High School and St.
Anthony Elementary School zone while
"25 MPH When Flashing" signs are
operating, during recess or while
children are going to or leaving school
during opening or closing hours
Boonton Avenue
35
Zone 1 — From the south Borough line
to Route 23
Boonton Avenue
40
Zone 2 — From Route 23 to Mabey
Lane
Boonton Avenue
35
Zone 3 — From Mabey Lane to Main
Street
Kiel Avenue
35
Zone 1 — From Route 23 to Witteck
Street
Kiel Avenue
30
From Witteck Street to Boonton Avenue
Paterson-Hamburg Turnpike
Marion Avenue
Von Blitz Avenue
35
20
20
From the west Morris County line to the
east Morris County line
Entire Length
Entire Length
§ 225-56. Schedule XIX: Traffic Control Signals.
In accordance with the provisions of § 225-34, traffic control signals shall be installed at the
following described intersections:
Intersections
(Reserved)
225:28
225-57
BUTLER CODE § 225-58
§ 225-57. Schedule XX: No-Passing Zones.
In accordance with the provisions of § 225-36, no-passing zones are hereby established and
shall be maintained upon the following described streets or parts of streets:
Name of Street
Location
Bartholdi Avenue [Added 5-19-1998 by
From Carey Avenue to Route New Jersey 23,
Ord. No. 1998-14]
a distance of 3,650 feet
Decker Read [Added 12-11-1990 by Ord.
From Hamburg Turnpike to Kiel Avenue
No. 1990-25]
Main Street [Added 5-19-1998 by Ord. No. From Passaic-Morris County line to the
1998-14]
Morris-Passaic County line, a distance of
3,370 feet
Park Place [Added 5-19-1998 by Ord. No.
From Main Street to Kiel Avenue-High
1998-14]
Street, a distance of 440 feet
Paterson-Hamburg Turnpike [Added
From Passaic-Morris County line to the
5-19-1998 by Ord. No. 1998-14]
approach of Route New Jersey 23, a distance
of 6,880 feet
§ 225-58. Schedule XXI: Regulation of Private Property.
In accordance with the provisions of § 225-37 and pursuant to N.J.S.A. 39:5A-1, Subtitle 1 of
Title 39 of the New Jersey Statutes shall apply to the following private properties:
Name of Property
Location
Grand Union Shopping Center [Added
1510 Route 23, Lot 1, Block 201, on the
7-21-1987 by Ord. No. 14-87]
Borough Tax Map
Meadtown Shopping Center
Kiel Avenue and Route 23, Lot 1, Block 54,
on the Borough Tax Map
225:29
Chapter 230
VIOLATIONS AND PENALTIES
§ 230-1. General penalty.
§ 230-2. Violations and penalties.
§ 230-3. Repeat violations.
§ 230-4. Abatement of housing or zoning code violations.
§ 230-5. Separate violations.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 6-13-1989 by
Ord. No. 20-89; amended in its entirety 4-18-2006 by Ord No. 2006-7. Subsequent
amendments noted where applicable.]
§ 230-1. General penalty.
The penalty for a violation of any provision of this Code which refers to this chapter or for
which no other penalty is provided shall be as set forth herein.
§ 230-2. Violations and penalties.
A. The person, firm or corporation violating any provisions of the Borough Code or any
ordinance of the Borough of Butler for which no other penalty is provided shall be
subject to imprisonment in the county jail for a term not exceeding 90 days, or by a
period of community service not exceeding 90 days, or by a fine not exceed $2,000, or
by any combination thereof.
B. There shall be a minimum penalty for the violation of any provision of this Code or any
Borough ordinance for which no other penalty is provided of a fine of $100.
C. The court before which any person is convicting of violating any ordinance covered by
this chapter shall have the power to impose any fine, term of imprisonment, or period of
community service not less than the minimum and not exceeding the maximum set forth
in this section.
§ 230-3. Repeat violations.
Any person who is convicted of violating any ordinance within one year of the date of a
previous violation of the same ordinance and who is fined for the previous violation, shall be
sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed
by the Court upon a person for a repeat offense shall be not less than $100 nor more than
$2,000, but shall be calculated separately from the fine imposed for the violation of the
Ordinance.
§ 230-4. Abatement of housing or zoning code violations.
The maximum fine for the violation of any housing or zoning code shall be $1,250 unless the
owner is provided with a thirty-day period in which they are given an opportunity to cure or
230:1
§ 230-4 BUTLER CODE § 230-5
abate the condition after being afforded an opportunity for a hearing before the Court and an
independent determination concerning the violation. In the event the Court determines that the
abatement has not been substantially completed within the thirty-day period, a fine not to
exceed $2,000 may be imposed.
§ 230-5. Separate violations.
Each day that any Borough ordinance shall be violated shall be construed to be a separate and
distinct violation subjecting the person, firm, or corporation convicted of violating the
ordinance to separate and cumulative penalties under this chapter.
230:2
Chapter 234
WATER
§ 234-1.
Title.
§ 234-2.
Definitions.
§ 234-3.
Connection procedures.
§ 234-4.
Installation.
§ 234-5.
Rules and regulations.
§ 234-6.
Refusal to admit inspector.
§ 234-7.
Fees and rates; billing procedures.
§ 234-8.
Interruption, discontinuance or termination of service.
§ 234-9.
Violations and penalties.
§ 234-10. Water emergency.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Ch. XII of
the Revised General Ordinances of 1976. Amendments noted where applicable.]
§ 234-1. Title.
This chapter shall be known as the "Borough of Butler Water Ordinance." The rules and
regulations herein ordained, wherever applicable, shall be taken to be and considered a part of
the contract with every person supplied with water by the Water Department and shall be
bound hereby and by the definitions, terms and conditions hereof and any supplements hereto
and amendments hereof.
§ 234-2. Definitions.
Whenever in this chapter the following words, clauses or terms are used, they shall be
construed to mean and shall have the meanings herein defined, unless otherwise specifically
stated or some other meaning is obviously and clearly intended:
AGENT — The occupant, in the absence of instructions from the owner of any property or
premises or his duly authorized agent to the contrary of any property or premises, insofar as
his relations to the Department may be concerned, with respect to water uses and existing
services.
DEPARTMENT — The Water Department of the Borough of Butler.
MAINS — All pipes, other than supply pipes and service pipes, used for conveying or
distributing water in the Borough.
OWNER — Any person, firm, corporation or association actually owning any property or
premises, which is or can be prospectively supplied with water, or his duly authorized agent.
PREMISES — A single-family dwelling or a two-family dwelling or an apartment house
occupied by more than one family or a building occupied for industry, business or other
purposes by one or more persons, together with the land appurtenant thereto and such
outbuildings as are used exclusively in connection therewith or any part of a building with the
land appurtenant thereto when sold as a separate unit.
234:1
§ 234-2
BUTLER CODE
§ 234-4
SERVICE PIPE — The pipe extending from the curb stop into privately owned property or
premises for supplying water thereto.
SUPPLY PIPE — Any pipe connected to the main and extending thence to and including the
curb stop or valve at the curbline of the street.
UNIT — A room or group of rooms located within a building and leased, occupied or
intended to be leased or occupied as a self-contained dwelling or commercial entity.
[Added
2-9-1993 by Ord. No. 1992-28]
WATER RATES — Rates or prices to be charged for water furnished by the Department to
any consumer.
§ 234-3. Connection procedures.
A. Extensions to or construction of new mains. Extensions to or the construction of new
mains within the service area may be initiated by the Borough Council or upon petition
from property owners or citizens upon forms provided by the Department. All water
mains shall be a minimum of eight inches in diameter and consist of cast iron cement
lined pipe. The Borough Council shall prescribe the terms and conditions upon which
such petition will be granted and shall require the written acceptance and guaranty
thereof by the applicants. If it is granted, the Council will direct the Department to
proceed, as promptly as possible, with the work. The cost of such extension, unless
otherwise provided by the Borough Council, shall be prorated among the property
owners benefited thereby on a front-foot basis. The provisions of this chapter shall be
subject to the requirements of N.J.S.A. 48:2-27 and 14A:1-9.
B. Application for water supply. Application for the introduction of Borough water on
existing mains or for change in an existing water supply to any property shall be made in
writing by the owner thereof or his authorized agent, upon forms supplied by the
Department and all conditions thereof duly subscribed to on such forms. Upon the receipt
thereof, the Department shall make or cause to be made an inspection of the premises
and, unless the application is rejected for cause, shall render a bill to the owner of such
premises. Upon payment in full of such a bill, the Department shall proceed with the
work as promptly as practicable. No additional connections or alterations to existing
connections shall be made to any premises, unless and until charges of every nature due
the Department from such owner or against such premises are first paid. [Amended
2-9-1993 by Ord. No. 1992-28]
§ 234-4. Installation. [Amended 2-9-1993 by Ord. No. 1992-28]
A. Supply pipes shall be furnished and installed by the Department at the expense of the
customer and maintained by the Department at the Borough's cost and shall remain the
property of the Borough. Service pipes conforming to Borough specifications will be laid
to the premises from the curb to the dwelling by the owner or occupant of such premises
at his own cost and expense. When new service pipes are installed to any property, the
curb cock shall be left closed and will thereafter be opened only by the Department upon
request of the owner of such property, which request must be in writing. Under no
circumstances shall curb cocks be opened or closed by any person not an authorized
234:2
§ 234-4
WATER
§ 234-4
employee of the Department. Any necessary street opening permits for installing service
connections shall be obtained from the Borough, which shall not be required to furnish
service until after such permits are granted. The charges, if any, for permission to open
the street shall be paid by the customer.
B. Meters.
(1) Installation. All meters shall be installed by the Borough unless otherwise directed
by the Borough.
(2) Meter test. The Borough shall, without charge, make a test of the accuracy of a
meter upon the request of a customer, provided that such customer does not make
a request for a test more frequently than once in 12 months. A report giving results
of such tests shall be made to the customer, and a complete record of such tests
shall be kept on file at the offices of the Borough.
(3) Adjustment of charges.
(a) Whenever a meter is found to be registering fast by 2% or more, an
adjustment of charges shall be made in accordance with the following:
[1] If the date when the meter had first become inaccurate can definitely be
ascertained, then the adjustment shall be such percentage as the meter is
found to be in error at the time of the test on the amount of the bills
covering the entire period that the meter had registered inaccurately.
[2] In all other cases the adjustment shall be such percentage as the meter is
found to be in error at the time of the test on 1/2 of the total amount of
the billing affected by the fast meter since the previous test.
(b) No adjustment shall be made for a period greater than the time during which
the customer has received service through that meter.
(4) Regulating authority. All other applicable regulations of the New Jersey Board of
Public Utilities Commission shall govern, where appropriate.
C. Service connection for subdivided premises. Where a building, originally built as a single
building or premises and fitted with one service pipe but capable of being divided by sale
or otherwise, has been or may hereafter be subdivided, the separate divisions so made
shall be reported to the Department and, if considered necessary, shall be connected to
the mains by separate service pipes within 30 days from the date of notification by the
Department so to do.
D. Protection against freezing; responsibility of owner. Service pipes running from curb
cock and between the cellar wall or meter likely to be exposed to freezing temperatures
must be effectively protected from freezing. All service pipes, including mains, shall be
installed at a depth not less than four feet. Thawing out of service pipes, when freezing
has occurred on the house side of the curb stop, shall be the responsibility of the owner,
and payment for the same shall be made by the owner.
234:3
§ 234-5 BUTLER CODE § 234-7
§ 234-5. Rules and regulations.
A. Use of check valves. No unauthorized check valve or similar apparatus shall be installed
on any premises in such a manner as to prevent water from backing into the Borough
mains if a higher pressure is developed on such premises, by heat or otherwise, than the
pressure in the Borough system, except on fire lines. The Department shall not be
responsible for any damage caused thereby, and, if such apparatus is found upon
inspection, it shall be removed at once upon written notice.
B. Connection of water from other sources. No premises using water from any other source
shall be connected with the Borough mains in any manner contrary to the rules and
regulations of the State Department of Health or any of its agencies.
C. Sale or resale of water. No owner or consumer furnished with water by the Department
shall sell, resell or offer for sale any of such water without first receiving the consent of
the Borough.
D. Reconnection or disconnection of water. No person shall either reconnect or disconnect
water service to any property serviced with water by the Borough without the express
permission of the Borough. It is a violation of this chapter for any person to disconnect
or reconnect water service without first receiving the consent of the Borough. [Added
8-20-2002 by Ord. No. 2002-39]
§ 234-6. Refusal to admit inspector.
No person shall hinder or refuse to admit any Borough commissioner, officer, inspector,
foreman or other authorized employee of the Department, upon presentation of a badge or
other credentials to any premises supplied with Borough water, for the purpose of making
inspection thereof, including the examination of the entire water supply and plumbing system
upon such premises.
§ 234-7. Fees and rates; billing procedures. [Amended 3-5-1979 by Ord. No. 79-3;
7-17-1979 by Ord. No. 79-13; 9-15-1981 by Ord. No. 17-81; 3-1-1982 by Ord. No. 82-2;
6-7-1982 by Ord. No. 82-6; 2-19-1985 by Ord. No. 85-2; 4-1-1986 by Ord. No. 6-86;
6-17-1986 by Ord. No. 13-86; 3-17-1987 by Ord. No. 2-87; 3-15-1986 by Ord. No. 5-88;
12-6-1988 by Ord. No. 30-88; 2-9-1993 by Ord. No. 1992-28; 3-19-2024 by Ord. No. 2024-
02]
A. Service fees.
(1) Maintenance; responsibility of owner; costs. The owner is responsible for the
operable condition of any device installed on the owner's service from the curbbox,
except the meter. When meters are damaged through the owner's negligence,
however, the owner shall be charged for the necessary repairs. The costs to be
charged to the owner for such repairs shall cover all materials, labor and
replacement of the same in an acceptable condition. [Amended 12-20-2005 by
Ord. No. 2005-26]
(2)
Other service fees.
234:4
§ 234-7
(a)
WATER
§ 234-7
Reconnection or disconnection of service:
[Amended 8-20-2002 by Ord.
No. 2002-39]
[1]
Regular service charge (7:00 a.m. to 3:00 p.m., Monday through
Friday): $75.
[2]
Anytime not within regular service hours: $150.
(b)
Testing meters. The following rates shall be charged only in the event that it
is determined that a meter is in good condition and only in the event that
there is more than one request for a test in a year:
Size of Meter
(inches)
Fee
5/8
$30
3/4
$35
1
$50
1 1/2
$70
2
$80
(c)
Charges for setting meters and remote registers. The following rates shall be
charged to set meters and remote registers at the following charges:
Size
Meter Only
Remote Register
Meter and
(inches)
Only
Register
5/8
$45
$15
$60
3/4
$65
$15
$80
1 or larger
$95
$15
$110
B. Water rates. The following rents, rates and charges are hereby established for water
supplied by the Department: [Amended 11-17-1997 by Ord. No. 1997-26; 1-19-1999
by Ord. No. 1999-2; 3-18-2008 by Ord. No. 2008-4; 4-20-2010 by Ord. No. 2010-1A;
7/26/2015 by Ord. No. 2015-15; 3-17-2021 by Ord. No. 2021-4]
(1)
Domestic metered. This schedule of rates shall consist of two (2) parts or
elements, first, a fixed charge; and second, a proportional charge.
(a) Fixed meter service charge (based on the size of the meter required to
serve the customer on a quarterly basis) shall be as follows:
234:5
§ 234-7
BUTLER CODE
§ 234-7
Size of Meter Per Quarter Butler & Jurisdictional Customers
(inches)
2024
2025
2026 and beyond
5/8
$45.00
$47.50
$50.00
3/4
$45.00
$47.50
$50.00
1
$65.00
$68.65
$72.25
1-1/2
$82.15
$86.75
$91.30
2
$102.00
$107.70 $113.50
3
$253.00
$267.00 $281.00
4
$504.00
$532.00 $560.00
6
$958.00
$1011.25
$1064
8
$1,254.00
$1,324.00
$1,394.00
Provided, however, that each multi-tenant residential or nonresidential building supplied
through one (1) service connection or meter shall pay for each unit supplied through the service
connection as follows:
2024
Forty Five Dollars ($45.00)
2025
Forty Seven Dollars and 50 cents ($47.50)
2026 and beyond
Fifty Dollars ($50.00)
(b) Proportional Charge. In addition to the fixed charge, all metered water shall be charged as
follows: The rent per one thousand (1,000) gallons shall be:
2024
Five Dollars and 25 cents ($5.25).
2025
Five Dollars and 50 cents ($5.50).
2026 and beyond
Five Dollars and 75 cents ($5.75).
Provided, however, that each multi-tenant residential or nonresidential building supplied
through one (1) service connection or meter shall pay for each unit supplied through the
service connection as follows:
2024
Forty Five Dollars ($45.00)
2025
Forty Seven Dollars and 50 cents ($47.50)
2026 and beyond Fifty Dollars ($50.00)
(b) Proportional Charge. In addition to the fixed charge, all metered water shall be charged as
follows: The rent per one thousand (1,000) gallons shall be:
2024
Five Dollars and 25 cents ($5.25).
2025
Five Dollars and 50 cents ($5.50).
2026 and beyond
Five Dollars and 75 cents ($5.75).
234:6
§ 234-7 BUTLER CODE § 234-7
C.
Fire service. Rates for fire protection service shall be the following:
(1)
Private fire service connection for hydrants and hose connections for sprinkler
systems on private property at the following rate:
Sprinklered Area
Charge
(square feet)
(per quarter)
Up to 2,000
$40
To 25,000
$80
To 50,000
$90
To 100,000 and over
$100
(2)
Where private fire service connection is not metered, a quarterly charge of $25 per
yard hydrant or $25 per hose or sprinkler connection shall be made.
D. Billing procedures.
(1)
Provisions. [Amended 8-20-2002 by Ord. No. 2002-39]
(a) All service shall be billed quarterly.
(b) Private dwellings constructed or altered to house two or more families shall
be billed for each unit separately, after inspection by the Department.
(2)
Collection of bills.
234:7
§ 234-7
WATER
§ 234-7
(a) Bills for water supplied for any quarterly period or fraction thereof shall be
dated on the last day of such period or on the day when the water is turned
off and shall be due and payable on the date when dated.
(b) If bills are not paid within 30 days of the date they are rendered, they shall
be delinquent and shall bear interest on the delinquent amount at a rate
established by the Borough for delinquent real estate taxes. Amounts due on
delinquent bills shall become a lien upon the real estate for which the water
service has been supplied, as provided by law. [Amended 12-16-1997 by
Ord. No. 1997-28]
(3)
Nonpayment of a lien upon property.
(a) Under the laws of the State of New Jersey, all charges for water, including
interest, are liens upon the premises or property on account of which such
charge is incurred, until paid and satisfied.
(b) Where water is turned off because of nonpayment of charges, it shall not be
turned on again until such charges have been paid, including the fee for such
turning on.
E.
Bulk sales. The following rates are hereby established for bulk sales of water:
[Amended 11-17-1997 by Ord. No. 1997-26; 1-19-1999 by Ord. No. 1999-2;
3-18-2008 by Ord. No. 2008-4]
Customer
Butler and Jurisdictional Customers
(per quarter)
Borough of Kinnelon
$2.50
Passaic Valley Water Commission
$2.50
F.
Security deposit for water supply service. [Amended 3-18-2008 by Ord. No. 2008-4]
(1) The residential tenant shall pay a water supply service deposit of $100 prior to
receiving water supply service as a customer.
(2) The commercial tenant shall pay a water supply service deposit of an estimated
quarterly bill based upon usage of similar type businesses prior to receiving water
supply services as a customer.
G. (Reserved)
H. Connection fee. A connection fee shall be charged for each connection of any property to
the water supply system. The connection fee shall be $1,500. [Amended 9-23-1997 by
Ord. No. 1997-21]
I. Temporary water hookup permit. A permit may be obtained to allow the temporary usage
of Borough water in connection with construction activities, including road construction
activities utilizing a fire hydrant connection. A temporary water usage permit shall allow
the permittee to utilize Borough water for a thirty-day period. The fee for the permit shall
234:8
§ 234-7
BUTLER CODE
§ 234-8
be $75 per day of usage for all but residential dwelling construction. For residential
construction, the fee shall be $100 per unit for the ninety-day period. The method of
connection or utilization of Borough water shall be subject to the approval of the
Borough Water Department Superintendent. [Added 9-23-1997 by Ord. No. 1997-19]
§ 234-8. Interruption, discontinuance or termination of service. [Amended 12-6-1988 by
Ord. No. 29-88]
A. Service interruption.
(1) In the event that it becomes expedient to shut off the water from any section of the
Borough because of accidents or fire, or in order to make repairs or extensions, or
for other necessary purposes, the Department shall endeavor to give timely notice
to those affected thereby and shall, so far as practicable, use its best efforts to
prevent inconvenience or damage arising from such cause. Failure to give such
notice or to receive the same shall not render the Department responsible or liable
for damage to property or any refund that may result therefrom or from any other
cause.
(2) Whenever any notice is required to be given by the Department, it shall be given
in person, by telephone or by mailing a copy thereof, postage prepaid, at the post
office in the Borough, to the last known address of the person to be notified, as the
same appears on the books of the Department, and the notice so given shall be
conclusively deemed to have been given at the time of mailing.
(3) At no time shall the Department be liable for damage caused by defective or
leaking fixtures.
B.
Discontinuance of service.
(1) Where it is desired to permanently discontinue the use of Borough water on any
premises, a request, in writing if so desired, stating the reasons therefor shall be
made by the owner to the Department. The Department shall turn off the water at
the curb cock, and the charges for waters to such premises will thereafter be
abated.
(2) In case of temporary vacancy by the owner or occupant of any premises, the water
shall be turned off at the curb cock by the Department, upon written request
therefor stating the period of such discontinuance, and shall be turned on again on
the last-named date. A charge shall be made for this service as provided in
§ 234-7A(2) hereof.
(3) Where the premises are left unoccupied or vacant, no rebate will be allowed for
water registered by the meter unless the water is turned off at the curb cock.
C. Termination of service. [Amended 8-20-2002 by Ord. No. 2002-39]
(1) In the event that a water bill or sewer bill remains unpaid for a period of 30 days
after the bill is rendered and mailed, the service to said premises may be
terminated, upon notice as provided hereafter.
234:9
§ 234-8
WATER
§ 234-10
(2) Notice of termination of service for nonpayment shall be forwarded by mail to the
customer at least 10 days prior to the scheduled shutoff. If service is disconnected,
the owner of the property shall be notified also. [Amended 3-18-2008 by Ord.
No. 2008-4]
(3) The notice of termination shall state the date of the proposed termination of service
and the reason therefor.
§ 234-9. Violations and penalties.
A. Violation. Whenever the Borough Council shall restrict the use of Borough water by
order duly published, or by proclamation issued by the Mayor of the Borough, no person
shall use Borough water in violation of such order or proclamation and for such a
violation shall be subject to the provisions of the subsection on penalties, but without the
notice as therein provided.
B. Penalties.
(1) Failure to meet any provisions of this chapter after being duly notified shall be
penalized by discontinuance of service until such irregularities are rectified.
(2)
For penalty provisions, see Chapter 230, Violations and Penalties.
[Amended
6-7-1982 by Ord. No. 82-5; 6-13-1989 by Ord. No. 20-89]
§ 234-10. Water emergency. [Added 11-12-1990 by Ord. No. 1990-23]
A. Declaration of water emergency. Whenever the Borough Council shall be satisfied and
finds that a water emergency exists in the Borough, it may adopt a resolution declaring
that a water emergency exists in the Borough. Such resolution shall be adopted by the
governing body at any regular, special, adjourned or emergency public meeting of the
Borough Council. Such resolutions shall identify that portion of the Borough affected by
the water emergency, which may include the entire Borough, and shall specify which of
the water use regulations contained in Subsection B of this section is being imposed, as
well as any exemptions as may be authorized. Such resolution shall be effective
immediately upon publication according to law and shall continue in effect for 90 days,
unless extended or repealed as set forth in Subsection C of this section.
B. Water use restrictions. Upon adoption by the Borough Council of a resolution declaring
that a water emergency exists in the Borough in accordance with Subsection A of this
section, all citizens shall be urged to observe voluntary indoor conservation measures and
any of the following water use restrictions shall be imposed and shall be applicable to all
residents and tenants, except where a bona fide health emergency exists and to exempt
businesses, as specified herein during the water emergency:
(1) The complete ban and prohibition of outside water usage, including the watering of
lawns and plants, the filling of pools and the washing of cars; or
(2) Outside water usage on alternate days allowing outside water usage by persons or
businesses having even house numbers on even days and those having odd house
234:10
§ 234-10
BUTLER CODE
§ 234-10
or box numbers on odd days, with outside water usage being completely banned
and prohibited on the thirty-first-day of any month during the water emergency; or
(3) Any other water use restriction specified by the governing body in the resolution
required by Subsection A of this section which is reasonable under the
circumstances considering the nature and extent of the water emergency. Any
water restriction imposed pursuant to this subsection shall be limited in application
to that portion of the municipality, which may include the entire municipality,
identified as being affected by the water emergency in the resolution of the
governing body adopted in accordance with Subsection A of this section.
C. Duration of water use restrictions. The resolution of the Borough Council required by
Subsection A of this section shall, in addition to complying with Subsection A, provide a
period of time during which the water use restrictions imposed shall be applicable and
which shall be no longer than reasonably necessary to abate the water emergency under
the circumstances considering the nature and extent of the water emergency. At the
expiration of the time period specified in the resolution, the water use restriction shall
lapse and be inapplicable and unenforceable. If the Borough Council shall be satisfied
that the water emergency has been abated prior to the expiration of the time period
specified in the resolution, it shall adopt a resolution declaring the water emergency
ended and the water use restrictions inapplicable. If, at the expiration of the time period
specified in the resolution, the Borough Council shall be satisfied that the water
emergency continues to exist, it may adopt a resolution in accordance with the
requirements of this section continuing the water use restrictions.
D. Enforcement of water use restrictions. The water use restrictions imposed pursuant to this
section shall be enforced during a water emergency by the Water Foreman or a member
of the Police Department of the Borough of Butler. Whenever the Water Foreman or a
member of the Police Department shall find a violation of the water use restrictions, he
or she shall give the violator a written warning and explain the penalties for a second and
third offense as provided in Subsection E of this section. The Water Foreman shall keep
such records as may be reasonable and necessary for the purpose of determining the
persons and businesses who have been warned upon a first offense. The Water Foreman
or a member of the Police Department is hereby empowered to write summonses for the
violation of the water use restrictions imposed pursuant to this section.
E. Penalties. After the first offense, upon which a written warning shall be issued pursuant
to Subsection D of this section, any person who thereafter violates the water use
restrictions imposed under this section shall be subject to the penalties set out in Chapter
230, Violations and Penalties.
234:11
PART III
BOARD OF HEALTH
LEGISLATION
Chapter 240
GENERAL PROVISIONS, BOARD OF HEALTH
ARTICLE I
Interpretation and Enforcement
§ 240-1. Provisions to apply.
§ 240-2. Emergency powers of Health Officer.
§ 240-3. Right of entry.
§ 240-4. Special health reporting officers.
ARTICLE II
Adoption of Code by Board of Health
[HISTORY: Adopted by the Board of Health of the Borough of Butler as indicated in article
histories. Amendments noted where applicable.]
ARTICLE I
Interpretation and Enforcement
[Adopted as Ch. BH-1 of the Revised General Ordinances of 1976]
§ 240-1. Provisions to apply.
The provisions of Chapter 1 of the Code of the Borough of Butler in the County of Morris
concerning short title, definitions, construction and severability shall apply to all chapters
adopted by the Board of Health.
§ 240-2. Emergency powers of Health Officer.
Whenever the Health Officer finds that the public safety will not permit delay, he may
exercise one or more of the following powers without having to resort to legal proceedings
and without the necessity of giving notice or holding any hearing which would otherwise be
required under any provision of this Code:
A. Power to prevent the sale of food. The Health Officer may prohibit the importation into
the Borough or sale of any food, drink or other item intended for human consumption or
use from a source suspected of being infected, contaminated, unsanitary, unhealthy or
dangerous.
B. Power to seize and destroy unwholesome food. The Health Officer may order the seizure
and destruction of any food, drink or other item intended for human consumption which
is unwholesome or dangerous or likely to cause sickness or injury to the persons who
consume it.
240:1
§ 240-3 BUTLER CODE § 240-3
§ 240-3. Right of entry.
A. Inspection of premises. The Board of Health, its agents and employees shall have the
right to inspect any premises in the Borough if they have reason to believe that any
provision of this Code is being violated or as part of a regular program of inspection.
B. Search warrant. If the owner or occupant of any premises refuses to permit entry for the
purpose of inspection, the Board of Health may apply to the Municipal Judge for a
search warrant. The application shall be based upon an affidavit setting forth that the
inspection is part of a regular program of inspection or that conditions and circumstances
provide a reasonable basis for believing that a nuisance or unsanitary or unhealthy
condition exists on the premises. If the Judge is satisfied as to the matters set forth in the
affidavit, he shall authorize the issuance of a search warrant permitting access to and
inspection of the premises.
§ 240-4. Special health reporting officers.
There shall be, when appointed by the Board of Health, special health reporting officers who
shall promptly report to the Board every violation of health ordinances and rules and
regulations which may come within their observation and knowledge. The police and fire
officers of the Borough may be designated special health reporting officers of the Board of
Health.1
ARTICLE II
Adoption of Code by Board of Health
[An ordinance adopting Part III of the Code of the Borough of Butler and making
certain substantive changes to existing Board of Health ordinances of the Borough is
presently proposed before the Board of Health. Upon final adoption, it will be included
here as Article II of this chapter.]
1. Editor's Note: Former § 240-5, Licenses; fees, as amended, which immediately following this section, was repealed
2-24-1993 by Ord. No. 93-01.
240:2
Chapter 247
FOOD ESTABLISHMENTS, RETAIL
§ 247-1. Title; adoption of standards.
§ 247-2. License required.
§ 247-3. Fees.
§ 247-4. License expiration and renewal.
§ 247-5. Transferability of license.
§ 247-6. Revocation of license.
§ 247-7. Violations and penalties.
[HISTORY: Adopted by the Board of Health of the Borough of Butler 2-24-1993 as part
of Ord. No. 93-01.1 Amendments noted where applicable.]
§ 247-1. Title; adoption of standards.
Chapter 247 shall be entitled "Food Establishments, Retail," and pursuant to the N.J.S.A.
26:1A-1 through 26:1A-7 et seq., there is adopted N.J.A.C. 8:24-1.1 through 8:24-13.14 and
the supplements and additions thereto.
§ 247-2. License required.
No person shall operate a retail food establishment or food and beverage machine unless a
license to operate the same shall have been issued by the Department of Health. Such license
shall be posted in a conspicuous place in such establishments.
§ 247-3. Fees.
There shall be a fee established for a license or license approval issued pursuant to this
chapter. Retail food establishment licenses and associated fees shall be defined as follows:
A. CLASS I, Food and drink: any retail food establishment, including those defined in
Chapter 12 of the New Jersey State Sanitary Code, in which food or drink is prepared,
served, handled or provided for the public with or without charge.
Type
Fee
Nonseating
$100.00
Prepackaged only
$50.00
1 to 50 seats
$100.00
51 to 100 seats
$125.00
101 seats and over
$150.00
1. Editor's Note: This ordinance also provided for the repeal of former Ch. 247, Food Establishments, Retail, adopted as
Section BH:3-4 of the Revised General Ordinances of 1976.
247:1
§ 247-3 BUTLER CODE § 247-6
B. CLASS II, Supermarket: any nonseating food establishment as defined in Class I which
is 12,000 square feet or more: $200.
C. CLASS III, School: any food establishment as defined in Class I whose principal purpose
is educational: $100.
D. CLASS IV, Mobile food and drink: shall include any motor vehicle or any vehicle cart or
bicycle of any kind, including hand-carried portable containers in which food or drink is
transported, stored or prepared at temporary locations: $50.
E. CLASS V, Temporary retail food establishment: any food establishment as defined in
Class I which operates at a fixed location for a temporary period of time not to exceed
seven days in connection with a fair, carnival, circus, public exhibition or similar
organizational meetings, mobile retail food establishments, as well as agricultural
markets: $50.
F. CLASS VI, vending machine: any self-service device which, upon insertion of a coin,
paper currency, token, card, key or by any other means, dispenses unit servings of food,
either in bulk or in packages without the necessity of replenishing the device between
each vending operation.
Type
Fee
Prepackaged only
$20.00
Gumball
$5.00
All others
$40.00
G. CLASS VII, Nonprofit: any food establishment as defined in Class I which has been
provided with a Federal Internal Revenue Service tax exemption number and prepares or
handles food and drink and serves to the general public: no fee.
§ 247-4. License expiration and renewal.
Licenses issued pursuant to this chapter shall expire annually on December 31 of each year,
and the fee therefor shall not be prorated from the date of issuance. Applications for renewal
thereof shall be submitted, together with the required fee, prior to December 15 of each year.
§ 247-5. Transferability of license.
Licenses issued pursuant to this chapter shall not be transferable nor shall they be construed
as authorizing the licensee or licensees to carry on the business at any place other than that
specified in the license itself.
§ 247-6. Revocation of license.
A license issued pursuant to this chapter may be revoked by the Borough Board of Health for
any good or sufficient reason, provided that due notice thereof shall be given to the licensee
247:2
§ 247-6 FOOD ESTABLISHMENTS, RETAIL § 247-7
and a hearing held before the Board of Health, at which time an opportunity shall be afforded
the licensee to show cause why the license should not be revoked.
§ 247-7. Violations and penalties.
Each violation of this chapter shall constitute a separate offense and shall be punishable by a
civil penalty of not less than $25 nor more than $100 and such other criminal penalties as may
be provided by law.
247:3
Chapter 254
NUISANCES, PUBLIC HEALTH
§ 254-1. Adoption of standards.
§ 254-2. Title.
§ 254-3. Copies on file.
§ 254-4. Violations and penalties.
[HISTORY: Adopted by the Board of Health of the Borough of Butler as Ch. BH-IV of
the Revised General Ordinances of 1976. Section 254-4 amended at time of adoption of
Code; see Ch. 240, General Provisions, Board of Health, Art. II. Other amendments
noted where applicable.]
§ 254-1. Adoption of standards.
A code defining and prohibiting certain matters, things, conditions or acts and each of them as
a nuisance, prohibiting certain noises or sounds, requiring the proper heating of apartments,
prohibiting lease or rental of certain buildings, prohibiting spitting in or upon public buildings,
conveyances or sidewalks, authorizing the inspection of premises by an enforcing official,
providing for the removal or abatement of certain nuisances and recovery of expenses
incurred by the Board of Health in removing or abating such nuisances and prescribing
penalties for violations is hereby established pursuant to Chapter 188 of the Laws of 1950.1 A
copy of such code is annexed hereto and made a part hereof without the inclusion of the text
thereof herein.
§ 254-2. Title.
The code established and adopted by this chapter is described and commonly known as the
"Public Health Nuisance Code of New Jersey (1953)."
§ 254-3. Copies on file.
Three copies of the Public Health Nuisance Code of New Jersey (1953) have been placed on
file in the office of the Clerk of this Local Board of Health upon the introduction of this
chapter and will remain on file there for the use and examination by the public.
§ 254-4. Violations and penalties. 2
A. Maximum penalty. Any person violating any of the provisions of this chapter shall, upon
conviction thereof, pay a penalty of not less than $5, nor more than $500 for each
offense. Complaint shall be made in the Municipal Court of the Borough or before such
other judicial officer having authority under the laws of the State of New Jersey. In
1. Editor's Note: See N.J.S.A. 26:3-69.1 et seq.
2. Editor's Note: Amended at time of adoption of Code; see Ch. 240, General Provisions, Board of Health, Art. II.
254:1
§ 254-4
BUTLER CODE
§ 254-4
addition, the Court shall have the power to impose other penalties provided by N.J.S.A.
26:3-77 and N.J.S.A. 26:3-78.
B. Separate violation. Except as otherwise provided, each and every day in which a
violation of any of the provisions of this chapter exists shall constitute a separate
violation.
C. Collection of fees and penalties. All fees and penalties collected under any provision of
this chapter shall be paid to the Borough Clerk.
254:2
Chapter 255
PERSONAL HEALTH PROGRAM
§ 255-1. Fees.
[HISTORY: Adopted by the Board of Health of the Borough of Butler 6-23-1994 by
Ord. No. BOH 94-01. Amendments noted where applicable.]
§ 255-1. Fees.
The following fees are hereby established for the personal health program:
Description
Proposed Fee
Coronary risk profile, to include SMAC blood test $15.00 to $25.00
Influenza vaccination (per vaccination)
$5.00
Female Pap smear (per test)
$20.00
Male prostate (per test)
$18.00 to $35.00
Adult tetanus vaccination (per vaccination)
$5.00
Ear wax removal
$7.00
Hemoccult slide (per test)
$5.00
Blood lead, capillary (per test)
$10.00
255:1
Chapter 256
RECREATIONAL BATHING, PUBLIC
§ 256-1. Adoption of standards.
§ 256-2. Title; permits; fees; violations.
[HISTORY: Adopted by the Board of Health of the Borough of Butler 12-8-1993 by
Ord. No. 93-02. Amendments noted where applicable.]
§ 256-1. Adoption of standards.
The Borough Board of Health of the Borough of Butler hereby adopts in its entirety the
provisions of N.J.S.A. 26:1A-7 et seq. and the provisions of the New Jersey Administrative
Code, N.J.A.C. 8:26-1.1 through 8:26-8.9 and the amendments and supplements thereto.
§ 256-2. Title; permits; fees; violations.
A. There is hereby adopted, in its entirety, the provisions of N.J.S.A. 26:1A-7 et seq. and
the provisions of the New Jersey Administrative Code, N.J.A.C. 8:26-1.1 through
8:26-8.9 and the amendments and supplements thereto.
B. Approval by the Department of Health. No person shall operate a public bathing place
within the Borough of Butler unless a license(s) to operate same shall have been issued
by the Department of Health. Said license shall be posted in a conspicuous place at the
facility. Said license shall not be transferable and shall expire on December 31 following
the date of issuance.
C. Fees. The fee for said license or license approval issued pursuant to this section shall be
established as follows:
(1)
Public bathing beach: $400.
(2)
Public hot tub or spa: $50.
(3)
Public swimming pool: $75.
(4)
Public wading pool: $50.
(5)
There shall be no fee for any recreational bathing facility owned and operated by
the Borough of Butler.
D. Denial or suspension of license. The Department of Health shall have the right, in
addition to other penalties herein provided under existing state statutes and regulations
and the provisions of this chapter, to deny, revoke or suspend a license for
noncompliance.
E. Violations and penalties. Each violation of this chapter shall constitute a separate offense
and shall be punishable by a civil penalty of not less than $25 nor more than $1,000 and
such other criminal penalties as may be provided by law. (See N.J.S.A. 26:1A-10.).
256:1
Chapter 257
SANITATION
§ 257-1. Burial of dead animals.
§ 257-2. (Reserved)
§ 257-3. Vehicle requirements.
§ 257-4. License required for sale of ice.
§ 257-5. Violations and penalties.
[HISTORY: Adopted by the Board of Health of the Borough of Butler as Ch. BH-VI of
the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 72.
Housing standards — See Ch. 136.
Cats — See Ch. 93.
Littering — See Ch. 153.
Dogs — See Ch. 108.
§ 257-1. Burial of dead animals.
Upon the death of any animal within the Borough, it shall be removed by the owner or person
in charge under cover to place of burial immediately and buried at least two feet under the
level of the ground, and at least 500 feet from the public highway.1
§ 257-2. (Reserved) 2
§ 257-3. Vehicle requirements.
All vehicles or receptacles used under any permit for removing the contents of cesspools or
privy vaults, or for carrying swill, garbage or other liquid, or partially liquid material, shall be
only those approved by the Board of Health, and they shall be watertight and be kept clean
and inoffensive when not in use.
§ 257-4. License required for sale of ice.
No person shall sell or offer for sale ice, whether cut within the Borough or brought from
other sources, without first securing a license from the Board of Health.
1. Editor's Note: Original Subsections BH:6-2.1, Permit Required, and BH:6-2.2, Fee, which immediately followed this
section, were deleted at time of adoption of Code; see Ch. 240, General Provisions, Board of Health, Art. II.
2. Editor's Note: Former § 257-2, Receptacle for garbage disposal required, was repealed 2-21-2007 by Ord. No.
2007-01.
257:1
§ 257-5
BUTLER CODE
§ 257-5
§ 257-5. Violations and penalties. 3
A. Maximum penalty. Any person violating any of the provisions of this chapter shall, upon
conviction thereof, pay a penalty of not less than $5, nor more than $500 for each
offense. Complaint shall be made in the Municipal Court of the Borough or before such
other judicial officer having authority under the laws of the State of New Jersey. In
addition, the Court shall have the power to impose other penalties provided by N.J.S.A.
26:3-77 and N.J.S.A. 26:3-78.
B. Separate violation. Except as otherwise provided, each and every day in which a
violation of any of the provisions of this chapter exists shall constitute a separate
violation.
C. Collection of fees and penalties. All fees and penalties collected under this chapter shall
be paid to the Borough Clerk.
3. Editor's Note: Amended at time of adoption of Code; see Ch. 240, General Provisions, Board of Health, Art. II.
257:2
Chapter 260
SEWAGE DISPOSAL SYSTEMS, INDIVIDUAL
§ 260-1.
Adoption of standards.
§ 260-2.
Title.
§ 260-3.
Copies on file.
§ 260-4.
Modifications and amendments to code.
§ 260-5. Permit required.
§ 260-6. Certificate of compliance.
§ 260-7.
License for cleaning system; period of validity; revocation.
§ 260-8.
Hearing.
§ 260-9.
Stop work order.
§ 260-10. Fees and charges.
§ 260-11. Violations and penalties.
[HISTORY: Adopted by the Board of Health of the Borough of Butler as Ch. BH-V of
the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Sewerage Authority — See Ch. 50. Land use — See Ch. 143.
§ 260-1. Adoption of standards.
A code regulating the location, construction, use, maintenance and method of emptying or
cleaning individual sewage disposal systems, the issuance of permits to locate, construct,
empty or clean such systems, and fixing penalties for the violation thereof, subject to the
deletions therefrom as set forth in § 260-4 of this chapter, is hereby adopted pursuant to
N.J.S.A. 26:3-69.1 to 69.6. A copy of the code is annexed hereto and made a part hereof
without inclusion of the text thereof herein.
§ 260-2. Title.
The code established and adopted by this chapter is described and commonly known as the
"Individual Sewage Disposal System Code of New Jersey (1953)."
§ 260-3. Copies on file.
Three copies of the Individual Sewage Disposal System Code of New Jersey (1953) have
been placed on file in the office of the Secretary, Clerk or other similar officer of this Board
of Health upon the introduction of this chapter and will remain on file in such office for the
use and examination of the public.
§ 260-4. Modifications and amendments to code.
Said Individual Sewage Disposal System Code of New Jersey (1953) is hereby amended and
changed as follows:
260:1
§ 260-4 BUTLER CODE § 260-8
A. Subsection 5.6(e), Prefabricated metal, is hereby deleted from the code, and such
subsection shall hereafter read as follows:
5.6. Materials — Septic tanks may be constructed of the following only:
(a)
Poured-in-place concrete.
(b)
Precast reinforced concrete.
(c)
Concrete block or equal.
(d)
Cinder block or equal.
(e)
Material approved by the administrative authority.
§ 260-5. Permit required.
No person shall locate, construct or alter any individual sewage disposal system until a permit
for the location, construction or alteration of such sewage disposal system shall have been
issued by the Board of Health.
§ 260-6. Certificate of compliance.
New individual disposal systems shall not be placed in operation, nor shall new dwellings or
buildings or additions thereto be sold or occupied, which must rely on such a system for
sewage disposal, until the Board of Health shall have issued a certificate indicating that such
disposal system has been located and constructed in compliance with the terms of the permit
issued and the requirements of the aforesaid code. Issuance of such certificate shall not be
required for alteration to an existing individual sewage disposal system.
§ 260-7. License for cleaning system; period of validity; revocation.
A. Persons shall not engage in the business of emptying or cleaning septic tanks, cesspools,
privies or any place used for the reception or storage of human excrement who do not
hold a license to engage in such business issued by the Board of Health. Such licenses
shall be valid for a period of one year from the date of issuance, but may be renewed by
the Board of Health. The license may be revoked for failure of the licensee to comply
with the provisions of the code or any rule or ordinance of the Board of Health.
B. The contents of any septic tank, cesspool, privy or other receptacle containing human
excrement shall not be removed until a permit for such removal has been obtained from
the Board of Health.
§ 260-8. Hearing.
In case any license, permit or certification required by this chapter is denied by the Board of
Health, a hearing shall be held thereon before the Board of Health within 15 days after request
therefor is made by the applicant, and, upon such hearing, the Board of Health shall affirm,
260:2
§ 260-8 SEWAGE DISPOSAL SYSTEMS, INDIVIDUAL § 260-11
alter or rescind its previous determination and take action accordingly within 15 days after the
date of such hearing.
§ 260-9. Stop work order.
The Board of Health may order all further work in and about any individual sewage disposal
system which is being erected or installed in violation of the code to be stopped forthwith,
except such work as shall be necessary to remedy such violation, and thereafter the work
continued without any violation of any of the provisions of the code. After issuance of any
such order and the service of a copy thereof upon any person connected with or working in
and about the erection or installation of any such disposal system, or any part thereof, no
further work shall be done thereon except as aforesaid.
§ 260-10. Fees and charges. [Amended 9-17-1985 by Ord. No. 85-15]
The following fees and charges are herewith established:
A. For the issuance of a permit to locate and construct or alter an individual sewage disposal
system: $30.
B. For the issuance of a permit to repair a defective residential sewage disposal system: $25.
C. For the issuance of a permit to locate and construct or alter the sewage disposal system
of a commercial establishment: $50.
D. For the issuance of a permit to repair a defective sewage disposal system of a
commercial establishment: $30.
E. For each reinspection of an individual sewage disposal system, or part thereof, caused by
the failure of the permittee to locate and construct, alter or repair the same in accordance
with the terms of the permit issued or the terms of aforesaid code, an inspection fee of $2
shall be charged.
F. For the issuance or a renewal of a license to a person or corporation engaged in the
business of cleaning or emptying receptacles for the reception and storage of human
excrement or other putrescible matter: $15 for each vehicle or conveyance.
G. For the issuance of a permit to clean or empty any receptacle used for the reception or
storage of human excrement or other putrescible matter: $20.
§ 260-11. Violations and penalties. 1
A. Maximum penalty. Any person violating any of the provisions of this chapter shall, upon
conviction thereof, pay a penalty of not less than $5, nor more than $500 for each
offense. Complaint shall be made in the Municipal Court of the Borough or before such
other judicial officer having authority under the laws of the State of New Jersey. In
1. Editor's Note: Amended at time of adoption of Code; see Ch. 240, General Provisions, Board of Health, Art. II.
260:3
§ 260-11
BUTLER CODE
§ 260-11
addition, the Court shall have the power to impose other penalties provided by N.J.S.A.
26:3-77 and N.J.S.A. 26:3-78.
B. Separate violation. Except as otherwise provided, each and every day in which a
violation of any of the provisions of this chapter exists shall constitute a separate
violation.
C. Collection of fees and penalties. All fees and penalties collected under any provision of
this chapter shall be paid to the Borough Clerk.
260:4
Chapter 263
TATTOO PARLORS
§ 263-1. Definitions.
§ 263-2. License required; fees; requirements.
§ 263-3. Age restrictions; application for tattoo; information required; records.
§ 263-4. Sanitary requirements.
§ 263-5. Regulation of tattoo parlors.
§ 263-6. Violations and penalties.
[HISTORY: Adopted by the Board of Health of the Borough of Butler 11-22-1994 by
Ord. No. BOH 94-02. Amendments noted where applicable.]
§ 263-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CERTIFICATE OF INSPECTION — Written approval from the Health Officer or his
authorized representative that said tattooing establishment has been inspected and meets all
the terms of this chapter.
HEALTH OFFICER — The Butler Borough Public Health Officer or his authorized
representative.
OPERATOR — Any individual, firm, company, corporation or association that owns or
operates an establishment where tattooing is performed and any individual who performs or
practices the art of tattooing on the person of another.
TATTOO ARTIST — One who engages in tattooing.
TATTOO, TATTOOED or TATTOOING — Any method of placing designs, letters, scrolls,
figures, symbols or any marks under the skin with ink or any other substance resulting in the
coloration of the skin by the aid of needles or any other instruments designed to puncture the
skin.
§ 263-2. License required; fees; requirements.
A. It shall be unlawful for any person to engage in the business of operating an
establishment where tattooing is performed without first obtaining a license from the
Borough of Butler Board of Health to engage in such business, in accordance with the
provisions hereof.
B. An application for an initial license shall be accompanied by a fee in the amount of $200.
A change of ownership shall require a new application and license with payment of fees
therefor. All applicants shall submit plans for the establishments to the Borough of Butler
Board of Health prior to initiation or construction.
263:1
§ 263-2
BUTLER CODE
§ 263-4
C. The renewal license fee for engaging in the business of operating a tattoo establishment
within the Borough of Butler shall be $100 per year. All licenses shall expire on the last
day of each calender year. If renovations of the tattoo establishment occur, plans must be
submitted to the Borough of Butler Board of Health, and the applicant will be required to
comply with § 263-4A. The first license expiration date for renewal shall be December
31, 1994.
D. All existing establishments will be considered renewal applications, provided that they
apply for renewal of said license within one month after the effective date of this chapter.
Establishments failing to comply within the specified time period will be considered new
applicants and will be subject to the provisions of Subsection B of this section.
§ 263-3. Age restrictions; application for tattoo; information required; records.
A. Age. It shall be a violation of this chapter for anyone or any tattoo business to tattoo an
individual under 18 years of age without authorization signed by the parent or legal
guardian and witnessed by the operator. The operator shall be responsible for maintaining
the original consent form and copies of all consent information for two years beyond the
recipient's 21st birthday. The operator shall obtain photo identification of the individual
being tattooed.
B. Each person wishing to receive a tattoo must first apply to the operator, on a form
approved by the Borough of Butler Board of Health. A tattoo may then be applied no
sooner than one hour after the time the application is received by the tattooist. If the
applicant is suspected to be under the influence of alcohol, drugs or any other behavioral
modifying substance, the operator must refuse the applicant.
C. All records regarding tattoos are to be maintained for a minimum of two years.
Information required for each applicant referred to in § 263-3B is to include the name,
age, date of birth, address and telephone number of the applicant as well as the design
and location of the tattoo.
§ 263-4. Sanitary requirements.
A. Each tattoo facility shall have a bathroom accessible to the public and staff. Each
bathroom shall be equipped with a commode and a sink, with the sink being connected to
hot and cold running water. Soap and sanitary towels, or other approved hand-drying
devices, shall be available at the sink at all times. Common towels are prohibited. In
addition to the above, each tattooing cubicle or work station must be provided with a
sink connected to hot and cold running water. This area shall also be provided with soap
and appropriate hand-drying facilities.
B. The chair or seat reserved for the person receiving the tattoo shall be of a material that is
smooth and easily cleanable and constructed of material that is nonabsorbent. Any
surfaces on the chair that become exposed to blood or body fluids must be cleaned and
sanitized prior to use by the next customer.
263:2
§ 263-4
TATTOO PARLORS
§ 263-5
C. The work table or counter used by the tattoo artist shall be smooth and easily cleanable
and constructed of material that is nonabsorbent. There shall be a covered junction
between the table/counter and the wall if the table/counter is to be placed against the
wall. This table/counter must be cleaned and sanitized, utilizing a method approved by
the Borough of Butler Board of Health, between customers.
D. The walls in the tattooing area shall be smooth and easily cleanable and constructed of
nonabsorbent material.
E. The floor in the tattooing area shall be of a durable material that is nonabsorbent and is
smooth and easily cleanable. Floors shall be kept clean.
F. Lighting within the tattoo area shall be adequate so as to provide a minimum of 100
footcandles in the areas.
G. The work area reserved for the application of the tattoo shall be separated from other
areas of the establishment by walls or durable partitions extending at least six feet in
height and so designed to discourage any person other than the customer and the tattoo
artist from being in the work area.
H. Any surfaces in the establishment that become exposed to blood or body fluids must be
cleaned and sanitized, utilizing a method approved by the Borough of Butler Board of
Health.
I. Products used in the cleaning, sanitizing and sterilizing procedures must be clearly
marked and stored in an acceptable manner. Smaller working containers filled on-site
from larger containers must be clearly marked with the name of the product.
J.
Proper waste receptacles shall be provided and waste disposed of at appropriate intervals.
K.
Medical waste shall be disposed of in compliance with N.J.A.C. 7:26-3A.1 and all laws,
rules and regulations applicable to the disposal of medical waste. All medical waste
disposal records must be maintained on the premises for a three-year period.
§ 263-5. Regulation of tattoo parlors.
A. Tattoo artist.
(1) A Hepatitis B preexposure vaccination or proof of immunity is required for all
tattoo artists. Any accidental needle stick injury shall be reported to the Borough of
Butler Board of Health. If a person cannot obtain vaccination for medical reasons,
he shall submit to the Borough of Butler Board of Health a letter from his
physician certifying that the individual does not have Hepatitis B and the
vaccination is contraindicated. This certification shall be annually renewed.
(2) All tattoo artists shall pass an examination showing knowledge of sterile technique
and universal precautions to assure that infection and contagious disease shall not
be spread by tattooing practices. Once a year, under the auspices of the Borough of
Butler Board of Health, a course leading to certification shall be given for any
person seeking to be a tattooist with the Borough of Butler.
263:3
§ 263-5
BUTLER CODE
§ 263-5
(3) Before working on each patron, each tattoo artist shall scrub and wash his/her
hands thoroughly with hot water and antiseptic soap using his/her individual hand
brush. Fingernails shall be kept clean and short.
(4) Disposal vinyl or latex gloves shall be worn by the tattoo artists during tattoo
preparation and application to prevent contact with blood or body fluids. Universal
precautions as updated by the Centers for Disease Control and Prevention (CDC)
should be followed. All materials shall be disposed of in accordance with
§ 263-5E(1) of this chapter after contact with each patron. Hands shall be washed
immediately after removal of gloves. Any skin surface that has contact with blood
shall be washed immediately.
(5) Immediately after tattooing a patron, the tattooist shall advise the patron on the
care of the tattoo and shall instruct the patron to consult a physician at the first
sign of infection of the tattoo. Printed instructions regarding these points shall be
given to each patron.
(6) All infections resulting from the practice of tattooing which become known to the
operator shall be promptly reported to the Health Officer by the person owning or
operating the tattoo establishment or by the tattoo artist.
B. Skin preparation.
(1) Tattooing shall be done only on a normal, healthy skin surface that is free of moles
or infection.
(2) Only razors with disposable blades shall be used for the skin preparation. Blades
shall be disposed of according to § 263-5E(1) of this chapter after each use, and a
new blade used for each patron.
(3) Following shaving, the area shall be thoroughly cleansed and scrubbed with
tincture of green soap or its equivalent and warm water. Before placing the design
on the patron's skin, the area shall be treated with 70% alcohol and allowed to air
dry.
(4) Only petroleum jelly (USP or National Formulary) or antiseptic ointment shall be
applied to the tattoo area prior to tattooing. The ointment shall be applied in a
sanitary manner, disposing of the utensil after spreading. Collapsible tubes of
ointment or jelly may also be used.
C.
Tattooing.
(1) Design stencils shall be thoroughly cleansed and rinsed in an approved germicidal
solution for at least 20 minutes or disposed of following each use.
(2) Only nontoxic dyes or pigment may be used. Premixed sterile materials are
preferred. Premixed dyes shall be used with adulteration of the manufacturer's
original formula. It shall be the responsibility of the operator to provide
certification to the Borough of Butler Board of Health of the nontoxicity of the
dyes or inks at the time of license application or renewal.
263:4
§ 263-5
TATTOO PARLORS
§ 263-5
(3) Single service or individual containers of dye or ink shall be used for each patron
and the container disposed of immediately after completing the work on each
patron. Any dye in which the needles were dipped shall not be used on another
person.
(4) The completed tattoo shall be washed with sterile gauze and a solution of tincture
of green soap or its equivalent. The area shall be allowed to air dry, and antiseptic
ointment shall be applied to spread with sterile gauze and sterile dressing attached.
D. Needles and Instruments.
(1) Only single-service sterilized needles and needle bars shall be used for each
patron.
(2) If solder is used in manufacturing needles, needle bars or needle tubes, it must be free of
lead.
(3) Any needle that penetrates the skin of the tattoo artist shall be immediately
disposed of in accordance with § 263-5E(1) of this chapter.
(4) Needle tubes shall be soaked with soapy water, then scrubbed with a clean brush, then
rinsed clean. Needle tubes shall be sterilized in accordance with § 263-5D(5), stored in
sterile bags and maintained in a dry, closed area.
(5) Each item to be sterilized shall be individually wrapped using indicator bags or strips.
(6) Sterilization shall be by steam sterilization. The sterilizer shall be well maintained with a
tight fitting gasket and a clean interior. The manufacturer's operating instructions and
sterilization specifications shall be at hand. The sterilizer shall conform to the
manufacturer's specifications with regard to temperature, pressure and time of
sterilization cycle. Proper functioning of sterilization cycles shall be verified by the
weekly use of biologic indicators (i.e., spore tests). A log book of these weekly test
results shall be available, and a test may be required to be done during any inspection.
(7) If the primary source of sterilization malfunctions, the Borough of Butler Board of Health
shall be notified within 24 hours. In an emergent situation, the Borough of Butler Board
of Health may approve alternate sterilization techniques.
(8) Needles and bars shall not be bent or broken prior to disposal. Tattoo artists shall take
precautions to prevent injuries from contaminated needles or tubes.
E. Disposal of wastes.
(1) All medical waste shall be segregated from all other wastes. All used needles,
needle bars or other tools used in the tattooing process, as well as gloves, gauze
and other materials contaminated with blood or body fluids, shall be sterilized in
accordance with § 263-5D(5) of this chapter and then discarded in a disposable
rigid container. In lieu of this requirement, contracting with an authorized service
for the disposal of infectious waste shall be acceptable.
263:5
§ 263-5
BUTLER CODE
§ 263-6
(2) All medical waste shall be disposed of in compliance with N.J.A.C. 7:26-3A.1 and
all laws rules, and regulations applicable to the disposal of medical waste. All
medical waste disposal records must be maintained on the premises for a
three-year period.
§ 263-6. Violations and penalties.
A. Dollars nor more than $1,000 for each violation of this chapter payable to Borough of
Butler Board of Health. Each day that the violation exists is considered to be a separate
offense.
B. Reasonable counsel fees incurred by the Borough of Butler Board of Health in the enforcement
of this chapter shall be paid by the defendant. The amount of such reimbursable fees
and costs shall be determined by the court hearing the matter.
263:6
Chapter 264
TOBACCO, SALE OF
§ 264-1. Definitions.
§ 264-2. Prohibition of tobacco sales to minors.
§ 264-3. Identification required.
§ 264-4. Prohibition of tobacco vending machines, tobacco vending machine sales, and self-
service tobacco displays.
§ 264-5. Removal of tobacco vending machines and self-service tobacco displays.
§ 264-6. Enforcement.
§ 264-7. Severability.
§ 264-8. Violations and penalties.
§ 264-9. Tobacco 21 Age of Sales.
[HISTORY: Adopted by the Board of Health of the Borough of Butler 5-28-2003 by
Ord. No. 2003-BOH-1; Amended 4/18/2018 by Ord. BH-2 2018 Amendments noted where
applicable.]
§ 264-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
BAR — Any place licensed by the State of New Jersey to primarily sell at retail beer, wine,
mixed spirit drink and spirits for consumption on the premises.
HEALTH DEPARTMENT — The Butler Borough Health Department and herein referred to
as the "department."
HEALTH OFFICER — The Administrative Officer of the Butler Borough Health
Department and/or his or her authorized representatives.
PERSON — An individual, partnership, cooperative association, corporation, personal
representative, receiver, trustee, assignee, or any other legal entity.
SELF-SERVICE TOBACCO DISPLAY — Display of tobacco products intended to be
purchased without the assistance of the proprietor or his/her employee.
TAVERN — Any place licensed by the State of New Jersey to primarily sell at retail beer,
wine, mixed spirit drink and spirits for consumption on the premises.
TOBACCO PRODUCT — Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling and other personal use including cigars, chewing tobacco, pipe
tobacco, snuff and cigarettes in any form.
TOBACCO RETAILER — Any person or entity that operates a store, stand, booth,
concession, or place at which sales of tobacco are made to purchasers for consumption or use.
"Tobacco retailer" shall also mean a person or entity that owns, operates or uses a vending
machine and/or a vending machine location.
VENDING MACHINE — Any automated, self-service device which, upon insertion of
money, tokens or any other form of payment, dispenses cigarette or other tobacco products.
264:1
§ 264-1 BUTLER CODE § 264-6
VENDING MACHINE LOCATION — The room, enclosure, space or area where a tobacco
vending machine is installed and operated.
§ 264-2. Prohibition of tobacco sales to minors.
A. It shall be unlawful to sell or distribute tobacco to, or for the benefit of, a person under
18 years of age.
B. Sign requirements. The following six-inch by three-inch sign in bold letters at least
one-quarter-inch high shall be conspicuously posted at the point of display of tobacco
products and at the point of sale. The sign shall read as follows:
A person who sells or offers to sell a tobacco product to a person under 18 years of
age shall pay a penalty of up to $1,000 and may be subject to a license suspension
or revocation. Proof of age may be required for purchase.
C. A person who sells, distributes, or offers to sell a tobacco product to a person under 18
years of age may be prosecuted in accordance with state and local ordinances.
§ 264-3. Identification required.
It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to any individual
without requesting and examining identification from the purchaser conclusively establishing
the purchaser's age as 18 years or greater, unless the seller has some other conclusive basis for
determining the buyer is over the age of 18 years.
§ 264-4. Prohibition of tobacco vending machines, tobacco vending machine sales, and
self-service tobacco displays.
A. It shall be unlawful to offer for sale tobacco through a tobacco vending machine in the
Borough of Butler.
B. Self-service tobacco displays are prohibited in all retail establishments.
§ 264-5. Removal of tobacco vending machines and self-service tobacco displays.
All tobacco vending machines and self-service tobacco displays made unlawful by the terms
of this chapter shall be removed within 30 days from the effective date of this chapter.
§ 264-6. Enforcement.
A. Whenever the Health Officer, or his/her designee, reasonably believes there exists a
violation of this chapter, he/she may issue a summons and complaint not later than 90
days after discovery of the alleged violation. The complaint shall be written and shall
state with reasonable particularity the nature of the violation, including reference to the
article and section of this chapter.
264:2
§ 264-6 TOBACCO, SALE OF § 264-8
B. The Health Officer, or his designee, or any other person charged with enforcement of this
chapter, after giving proper identification, may inspect any matter, thing, premises, place,
person, record vehicle, incident, or event as may be consistent with state and/or federal
law.
C. It shall be unlawful for any person to interfere or otherwise obstruct the Health Officer,
or his designee, who may request the assistance of the Butler Borough Police Department
where necessary to execute his or her official duty in a manner prescribed by law.
D. Citizens may file with the Butler Health Department complaints against violators of this
chapter.
§ 264-7. Severability.
If any chapter, section, subsection or paragraph of this chapter is declared to be
unconstitutional, invalid or inoperative, in whole or in part by a court of competent
jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not
unconstitutional, invalid or inoperative, remain in full force and effect, and no such
determination shall be deemed to invalidate the remaining chapters, sections, subsections or
paragraphs of this chapter.
§ 264-8. Violations and penalties.
A. Penalties for the sale and distribution of tobacco to persons under the age of 18 shall be
as defined in P.L. 1995, Chapter 304.1
B. Persons violating all other sections of this chapter, unless otherwise provided by law,
statute or ordinance, shall upon conviction thereof, pay a penalty of not less than $100
nor more than $1,000 for each offense. Complaints shall be made in the Municipal Court
of Butler Borough or before such other judicial officer having authority under the laws of
the State of New Jersey.
C. Each sale or distribution of tobacco to a minor or otherwise in violation of this chapter
shall constitute a separate violation.
§ 264-9. Violations and penalties.
I. Purpose. The purpose of this ordinance is to prohibit the sale, furnishing or giving of tobacco
and nicotine delivery products to persons under the age of 21, and to provide for the licensure
of all nicotine delivery products. The Butler Borough recognizes the dangers and health risks
associated with teenagers and young persons who start smoking, as set forth in various studies
conducted by the United State Department of Health and surveys conducted by other entities.
Butler Borough has concluded that it is appropriate to prohibit the sale, furnishing or giving of
tobacco and nicotine delivery products within the Butler Borough to persons under the age of
twenty-one (21).
264:3
§ 264-8 TOBACCO, SALE OF § 264-8
II.Findings. The Butler Borough Board of Health adopts the following findings with respect to
this section:
a) Cigarette smoking causes about one out of every five deaths in the U.S. every year. (U.S.
Centers for Disease Control and Prevention, 2014).
b) 90% of all tobacco users start before the age of 21. (Campaign for Tobacco-Free Kids,
2015).
c) Every day, more than 1,200 people in this country die due to smoking. (U.S. Surgeon
General, 2016)
d) The younger a child begins smoking, the more likely it is that he/she will become a heavy
smoker as an adult. (Surgeon General’s Report, 1994)
e) As of 2015, the American Academy of Pediatrics strongly recommends the minimum age
to purchase tobacco products, including e-cigarettes, be increased to age 21.
f) Raising the minimum age of legal access to tobacco products to at least 21 years old
would significantly reduce smoking rates, resulting in 223,000 fewer premature deaths,
50,000 fewer deaths from lung cancer, and 4.2 million fewer years of life lost for persons
born between 2000 and 2019. (Institute of Medicine, 2015).
g) 75% of U.S. adults support raising the age of tobacco product sales to age 21 (U.S.
Centers for Disease Control and Prevention, 2015)
h) Teens that use e-cigarettes have a willingness to start smoking conventional cigarettes,
more so than teens that do not use e-cigarettes. (Tobacco Control Journal, 2015).
i) E-cigarette use amongst high school students has tripled from 2013 to 2014. (U.S.
Centers for Disease Control and Prevention, 2015).
III.
Definitions
As uses in this section:
Borough shall mean Butler Borough.
Electronic Smoking Device shall mean any product containing or delivering nicotine or any
other substance intended for human consumption that can be used by a person to simulate
smoking through inhalation of vapor or aerosol from the product. The term includes any such
device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-
hookah, e-cigarillo, vape pen, or under any other product name or descriptor.
Health Department shall mean the Department of Health of Butler Borough.
Health Officer shall mean the Health Officer of Butler Borough or his/her designee.
License shall mean a license issued by the Borough to a proprietor under the provisions hereof.
Minor shall mean any male or female under the age of eighteen (18) years of age.
Liquor license shall mean any license to sell or distribute alcoholic beverages issued by the
Borough pursuant to the laws of the State of New Jersey.
Nicotine Delivery Product shall mean any product that is designed to deliver nicotine, nicotine
vapor or non-nicotine vapor, including but not limited to, any type of electronic smoking device
defined as an electronic or other powered device that can be used to deliver nicotine or other
substances to the person inhaling from the device, including but not limited to, an electronic
cigarette, cigar, cigarillo or pipe, or any cartridge or other component of the device or related
product, including but not limited to, any substances used in such devices such as liquids, gels or
powders, or any forms of tobacco, but excluding United States Food and Drug Administration
approved nicotine patches or nicotine chewing gum.
264:4
§ 264-8 TOBACCO, SALE OF § 264-8
Person shall mean an individual, partnership, corporation, cooperative association, personal
representative, receiver, trustee, assignee or any other legal entity.
Public place shall mean any building or enclosed structure open to the general public and any
street, road, sidewalk, walkway, park or open space located within the Borough and maintained
for use by the general public.
Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette or
pipe, or any other lighted or heated matter or substance which contains tobacco, plant product or
any other matter that can be smoked which is intended for inhaling and exhaling of smoke,
including hookahs and marijuana, whether natural or synthetic, in any manner or in any form.
Smoking also includes the use of an electronic smoking device which creates an aerosol or
vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of
circumventing the prohibition of smoking in this Article.
Tobacco shall mean any product made from the tobacco plant for the purpose of including but
not limited to smoking, chewing, inhaling or other use, including but not limited to cigars,
chewing tobacco, pipe tobacco, snuff, shisha and cigarettes in any form, or shall mean any other
matter or substance which can be smoked.
Tobacco retailer shall mean any person that operates a store, stand, booth, concession or place at
which sales of tobacco are made including a person that owns, operates or uses a vending
machine.
Vapor/Vape Shops and/or Store is a retailer that either devotes 25% or more of floor area or
display area to, or derives 75% or more of gross sales receipts from the sale or exchange of
Electronic Smoking Devices and/or Electronic Smoking Device Paraphernalia.
Vending machine shall mean any automated self-service device which, upon insertion of
money, tokens or other form of payment, dispenses a tobacco product or nicotine delivery
product.
IV.
Prohibition of Tobacco Product and Nicotine Delivery Product Sales to Persons
under Age 21.
a. No person shall sell, distribute or give tobacco or nicotine delivery products in the
Borough of Butler unless an employee of the establishment controls the sale of such
products. A person may only sell tobacco or nicotine delivery products in a direct, face-
to-face exchange between the retailer and the consumer. Self-service displays and all
vending machines of tobacco or nicotine delivery products shall be prohibited.
b. No person shall sell, distribute or give tobacco or nicotine delivery products to any
person under the age of 21 years.
c. No person or tobacco retailer selling tobacco or nicotine delivery products shall allow the
retailer, employee or any other person to sell, distribute or give such products until the
retailer, employee or other person as read the Borough of Butler Ordinances and State
laws pertaining to the sale or distribution of tobacco and nicotine delivery products and
has signed a statement that they have read such ordinances and State laws. Such form
statement will be supplied by the Health Department and all signed original statements
shall be kept on file by the tobacco retailer and made immediately available at all times
for review by the Health Department. All retailers shall be in compliance with this
provision by the effective date noted in Section 10.
264:5
§ 264-8 TOBACCO, SALE OF § 264-8
V.
Identification Required.
a. Any retailer, employee or other person selling, distributing or giving tobacco or
nicotine delivery products shall verify, by means of government-issued photograph
identification containing the bearer’s date of birth, that no purchaser of tobacco or
nicotine containing products is younger than 21 years of age. No such verification is
required for any purchaser over the age of 26. No retailer, employee or other person
shall sell, distribute or give tobacco or nicotine delivery products to a purchaser less
than 21 years of age who has a note or any form of communication from any person.
VI.
Sign Requirement.
a. The following six (6) inch by eight (8) inch sign shall be posted in a conspicuous
place near each cash register in all retail establishments which sell tobacco products
and/or nicotine delivery products:
SALE, DISTRIBUTION OR GIVING OF TOBACCO PRODUCTS OR NICOTINE
DELIVERY PRODUCTS TO PERSONS UNDER THE AGE OF 21 IS PROBITED
BY LAW. LEGAL PROOF OF AGE MUST BE SHOWN. A PERSON WHO
SELLS OR OFFERS TO SELL A TOBACCO PRODUCT OR A NICOTINE
DELIVERY PRODUCT TO A PERSON UNDER 21 YEARS OF AGE MAY BE
PROSECUTED IN ACCORDANCE WITH STATE STATUTES AND BUTLER
BOROUGH ORDINANCES. IF YOU ARE AWARE OF ANY RETAILER WHO
IS VIOLATING THIS SECTION OF THE LAW, PLEASE CONTACT THE
BUTLER HEALTH DEPARTMENT AT 973- 838-7200, EXT. 237.
VII.
Restriction of Tobacco Vending Machines and Sales.
a. Self-service displays and vending machines of tobacco or nicotine delivery products
shall be prohibited.
VIII.
Other Prohibited Activities
a. Except as provided in Section (b) of this section, smoking inside a tobacco retail
establishment is prohibited.
b. Smoking (tasting) inside a tobacco retail establishment is only for pre-purchase
sampling of a cigar or other expensive tobacco product, prior to making a multi-unit
purchase. Smoking (tasting) inside a tobacco retail establishment shall be limited to
no more than two (2) minutes prior to making a multi-unit purchase from the tobacco
retail establishment.
c. Seating, chairs, TVs, food/beverage menus and signage that condones continued
smoking beyond pre-purchase sampling.
d. Smoking in exterior areas that can result in migration, seepage or recirculation of
smoke to an indoor public place or a workplace at which smoking is prohibited. As
such, all outdoor smoking shall be limited to 25 feet outside entrances, operable
windows and ventilation systems of enclosed areas.
e. Private parties, food or drink, card games or gambling, game of chance, outdoor
seating and alcoholic beverage.
264:6
§ 264-8 TOBACCO, SALE OF § 264-8
IX.License Required for Electronic Smoking Device Retail Establishment.
a. No proprietor shall operate an electronic smoking device retail establishment in the
Borough of Butler unless such proprietor has registered the establishment with the Board
of Health and has received a license from the Health Officer.
b. A person purchasing an electronic smoking device retail establishment after the effective
date of this chapter shall apply for a new license no later than ten (10) days prior to
commencing operation under new ownership. Operators of an electronic smoking device
retail establishment are required to notify the Board of Health of the impending sale of
the electronic smoking device retail establishment no later than thirty (30) days prior to
the sale.
c. All licenses for an electronic smoking device retail establishment shall be renewed by
January 31 each year of operation.
d. No license is transferable by sale or otherwise.
e. The license shall be posted in a conspicuous place in such establishment or, if an itinerant
establishment, shall be readily available for display.
f. The funds collected by licensing such establishments shall be used to fund the
development and maintenance of a Tobacco Age of Sale Enforcement Program and other
smoking cessation, prevention and control programs.
X.
License Fee.
a. The initial license fee for an electronic smoking device retail establishment shall be One
Thousand Dollars ($1,000.00);
b. To renew a license for an electronic smoking device retail establishment, the fee shall be
Seven Hundred and Fifty Dollars ($750.00).
XI.
Enforcement.
a. Whenever the Health Officer, or his or her designee, or a Police Officer of Butler
Borough reasonably believes there exists a violation of this section, such officer shall
issue a summons and complaint not later than 15 days after discovery of the alleged
violation. The complaint shall be written and shall state with reasonable particularity the
nature of the violation, including reference to the subsection(s) of this section alleged to
have been violated. The complaint shall be delivered personally or send via certified
mail to the alleged violator.
b. The Health Officer, his/her designee or a Police Officer of the Borough , after giving
proper identification, and if no search or other warrant is required by law, may summarily
inspect any matter, thing premise, place, person, record, incident or event as necessary to
enforce the provisions of this section.
c. It shall be unlawful for any person to willfully oppose, or otherwise act to interfere with
or obstruct the Health Officer or his/her designee or any Police Officer in the
performance of duties under this section. The Health Officer or designee may request the
assistance of the Police Department when necessary to execute his or her official duty in
the manner prescribed by law.
d. Citizens may bring complaints against violators of this section.
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§ 264-8 TOBACCO, SALE OF § 264-8
XII.
Enforcement Against Individuals.
a. A person having control of an indoor public place or workplace shall order a person
smoking in violation of the Code and this chapter (person smoking illegally) to
comply with the Code and this chapter, and may elect to provide the person smoking
illegally with a copy of the notice provided at Appendix B, incorporated herein by
reference.
b. If, after having been ordered to comply with the Code and this chapter in accordance
with Section (a), above, a person smoking illegally continues to violate the Code and
this chapter, the person having control of the indoor public place or workplace:
1. Shall order the departure and removal of the person smoking illegally from
the indoor public place or workplace; and
2. In the discretion of the person having control of the indoor public place or
workplace, s/he may request the assistance of law enforcement or peace
officers with jurisdiction over the indoor public place or workplace to
accomplish this departure and removal.
c. A person may file a complaint against a person smoking illegally in accordance with
N.J.S.A. 26:3D-62 by:
1. Contacting the local health agency with jurisdiction over the indoor public
place or workplace and by adhering to complaint procedures each local
health agency shall establish;
2. Filing a complaint directly with the municipal court with jurisdiction over the
establishment, or
3. Filing the form of complaint at chapter Appendix C, incorporated herein by
reference, with the Indoor Environments Program.
d. In addition to the fines and penalties listed in Item 14: Penalties, this section shall not
be construed to impair the ability of Borough of Butler Police Department or Health
Department with jurisdiction to charge a person under any other applicable law,
including N.J.S.A. 2C:33-13.
XIII.
Enforcement Against Person Having Control of an Indoor Public Place or
Workplace.
a. Any person may file a complaint against a person having control of an indoor public
place or workplace who violates or fails or refuses to comply with or enforce the Code
and this chapter by:
1. Contacting the local health agency with jurisdiction over the indoor public
place or workplace and by adhering to complaint procedures each local
health agency shall establish;
2. Filing a complaint directly with the municipal court with jurisdiction over the
establishment, or
3. Filing the form of complaint at Appendix C, with the New Jersey Department
of Health Indoor Environments Program.
264:8
§ 264-8 TOBACCO, SALE OF § 264-8
XIV. Penalties.
a. Unless otherwise provided by law, statute or ordinance, any person violating any
provision of this section shall, upon conviction thereof, pay a fine of not less than
$250 for the first violation, not less than $500 for the second violation, and not less
than $1,000 for the third and each subsequent violation. Each violation, and every
day in which a violation occurs, shall constitute a separate violation. The complaint
shall be made in the Municipal Court or before such other judicial officer having
authority under the laws of the State of New Jersey.
b. In addition any violator of this section shall be subject to having any Borough
License, held by the violator, suspended, revoked or fined. No such action may be
taken unless the requirements of due process are satisfied.
c. Any person who continually violates this section may also be charged in the
Municipal Court or in Superior Court with maintaining a nuisance.
d. These penalties are in addition to any penalties that may be imposed including but
not limited to penalties imposed by the New Jersey Code of Juvenile Justice, N.J.S.A.
2A:170-51, et seq. and N.J.S.A. 2C:33-13.1, et seq.
e. Each sale, furnishing or giving of tobacco and or nicotine delivery product to any
person under the age of 21 shall constitute a separate violation. Each violation, and
every day in which a violation occurs, shall constitute a separate violation.
Fines and sanctions associated with this section shall be dedicated and forwarded to the
Health Department to be used in connection with education and enforcement of this
ordinance
1. Editor's Note: See now N.J.S.A. 2C:33-13.1 and N.J.S.A. 2A:170-51.4.
264:9
Chapter 266
Massage, Bodywork and Somatic Therapy Establishments
§ 266-1. Definitions.
§ 266-2. Conformance with regulations; more restrictive laws control.
§ 266-3. License required and Hours of Operation.
§ 266-4. Application for establishment license; requirements.
§ 266-5. Approvals required prior to hiring of new employees.
§ 266-6. Criminal background check required.
§ 266-7. Approval of Chief of Police required.
§ 266-8. Approval of Health Officer required.
§ 266-9. Other Borough approvals required.
§ 266-10. Issuance of establishment license; fees; photographs.
§ 266-11. Display of establishment license and therapist license.
§ 266-12. Transferability of license.
§ 266-13. Plans required prior to construction, alterations, or renovation; approval.
§ 266-14. Operating and sanitary requirements.
§ 266-15. Sleeping quarters.
§ 266-16. Prohibited Acts.
§ 266-17. Exceptions.
§ 266-18. Suspension or revocation of license.
§ 266-19. Inspections; access to premise.
§ 266-20. Inspection placard; posting of placard.
§ 266-21. Reinspection Fee.
§ 266-22. Violations and penalties.
§ 266-23. Enforcement agent.
[HISTORY: Adopted by the Board of Health of the Borough of Butler 4/18/2018 by
Ord. No. 2018-BH1-18; Amended 12/5/2018 by Ord. BH3-18. Amendments noted where
applicable.]
266-1. Definitions
A. The Board means The Board of Health of Butler Borough, or its duly authorized agent
officer or inspector.
B. Employed means any person who is hired to work in the licensed establishment whether for
compensation or not.
C. Massage, Bodywork and Somatic Therapies means any system of activity of structured
touch which includes, but is not limited to, holding, applying pressure, positioning and
mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, and
palpating skills to assess the body for purposes of applying therapeutic massage, bodywork
or somatic principles. Such application may include, but is not limited to, the use of
therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external
applications, external application of herbal or topical preparations not classified as
prescription drugs, analysis of posture, movement and neural myofascial education, and
education in self-care and stress management. Massage, bodywork and somatic therapies do
not include the diagnosis or treatment of illness, disease, impairment or disability. Nor shall
it include any legitimate massage therapy provided by any health care provider licensed by
the State of New Jersey to perform that service, or to barbershops, beauty parlors or nail
salons in which massage is administered to the scalp, face, neck, shoulders, hands or feet.
266:1
§ 266-1 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-3
D. Massage, Bodywork and Somatic Therapist means any person certified pursuant to the
provisions of the Massage, Bodywork and Somatic Therapist Certification Act, N.J.S.A.
45:11-53.
E. Massage, Bodywork and Somatic Therapy Establishment means an establishment or
business operation wherein massage, bodywork or somatic therapy is administered or
permitted to be administered for any form of consideration.
266-2. Conformance with regulations; more restrictive laws control
A. No person, firm, corporation or other entity shall operate any establishment or utilize any
premises located in Butler Borough as or for a massage, bodywork and somatic therapy
establishment without complying with the requirements of this Article, as well as the
regulations of the State of New Jersey, including N.J.S.A. 45:11-53 through N.J.S.A. 45:11-
79 and N.J.A.C. 13:37A-1.1 et seq., as the same may be amended and supplemented from
time to time.
B. In all allied matters that are regulated by the laws of the State of New Jersey, the provisions
of state law shall control where the requirements of state law are more stringent or
restrictive than the regulations set forth in this Article. This Article shall control in all cases
where the state law requirements are less stringent or less restrictive than the regulations
herein contained.
266-3. License required and Hours of Operation
A. No person, firm, corporation or other entity shall operate a massage, bodywork or somatic
therapy establishment in Butler Borough, or utilize any premises in Butler Borough to
provide massage, bodywork or somatic therapy, unless such person has applied for and
obtained a license for such establishment from the Butler Borough Board of Health in
accordance with the terms and provisions of this Article.
B. No person shall practice massage or related therapies as a massage, bodywork or somatic
therapist, employee or otherwise, unless he or she has a valid and subsisting massage,
bodywork and somatic therapist’s license issued to him or her by the New Jersey Board of
Massage and Body Work Therapy, pursuant to the terms and provisions of N.J.S.A. 45:11-
53 through N.J.S.A. 45:11-79 and N.J.A.C. 13:37A-1.1 et seq., as the same may be
amended and supplemented from time to time.
C. No person, firm, corporation or other entity shall operate a message, bodywork or somatic
therapy establishment in Butler Borough, or utilize any premise in Butler Borough to
provide message, bodywork or somatic therapy, before 7:00am or later than 9:00pm.
266:2
§ 266-4 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-4
266-4. Application for establishment license; requirements
A. Any person desiring a massage, bodywork and somatic therapy establishment license shall
file a written application with the Health Department or designated alternate department on
a form to be furnished by the Health Department and available at the Health office. The
completed application shall be returned to the Health Department or designated alternate
department for processing. The application form for each initial license and any subsequent
renewal thereof shall contain the following information:
1. The business name and type of ownership of the business, i.e., whether individual sole
proprietorship, partnership, limited liability partnership or company, corporation or
any other form of business organization.
2. The trade name under which the business is to be conducted.
3. The address and all telephone numbers associated with the establishment, including
facsimile and email address, where business is to be conducted.
4. Proof of comprehensive general liability insurance in the minimum amount of
$1,000,000.00 per occurrence and professional liability in the minimum amount of
$1,000,000.00.
5. The following personal information shall be provided concerning the applicant, if a
sole proprietorship, the individual; if a corporation, each stockholder holding 10% or
more the stock of the corporation and each officer and each director; if an LLC or
LLP, each member or partner, including limited members or partners; if a partnership,
each partner, including limited partners; and the manager or other person principally in
charge of the operation of the establishment:
a. The name, nickname, and/or alias, complete residence address and residence
telephone number of such person(s).
b. The two previous residential addresses immediately prior to the present
residential address of the person.
c. Copy of a current driver’s license or other government issued photo ID. Any
copy of a driver’s license or other photo identification accompanying an
application for establishment license shall be held in a locked file by the
Health Department or designated alternate department.
d. Three front-face portrait photographs taken within thirty (30) days of the date
of the filing of the application, which shall be approximately two inches by
two inches in size (passport size). The applicant shall legibly print the full
legal name and any nicknames or aliases of the individual in the photograph
on the rear side of each photograph submitted.
e. The massage therapy or similar business history and experience, including, but
not limited to, whether or not such person(s) has previously operated in this or
another municipality or state under a license or permit or has had such license
or permit denied, revoked or suspended and the reason therefore and the
business activities or occupations subsequent to such action or denial,
suspension or revocation.
266:3
§ 266-4 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-4
f. All prior arrests, criminal convictions, and offense convictions other than
misdemeanor traffic violations, fully disclosing the jurisdiction in which the
arrest or conviction occurred along with details on the offense for the arrest or
conviction and circumstances thereof.
6. A copy of a current State of New Jersey Massage & Bodywork Employer
Registration issued by the New Jersey Board of Massage and Body Work Therapy.
B. In addition to the aforesaid application items, the applicant shall provide the following
items for all current therapists and employees of the establishment with each application
for an initial license and any subsequent renewal thereof:
1. A complete list of the names, including nicknames, and/or aliases, and residence
addresses of all massage, bodywork and somatic therapists and all other employees of
the establishment and the name and residence address of the manager or other person
principally in charge of the operation of the establishment on a form included in the
Butler Borough Board of Health application and available at the Board of Health
office. It shall be the responsibility of the owner/operator to maintain an updated
employee list and provide same to the Board of Health office. The Board of Health
shall be notified in writing within seven (7) days, transmitted by regular mail, email or
facsimile, of any and all changes to the list. Upon receipt of an updated employee list,
the Board of Health shall submit a copy of the list to the Health Officer and the Chief
of Police. The licensee shall maintain a copy of the list on the licensed premises at all
times and make the list available during all inspections to the Health Officer or his
designated agent and to any Borough Police Officer or Borough Official.
2. Copies of all massage, bodywork, and somatic therapist’s license(s)/certification(s)
issued by the New Jersey Board of Massage & Body Work Therapy for all employees
of the establishment.
3. Copies of a driver’s license, passport, or other government-issued photograph
identification for each employee and massage, bodywork, and somatic therapists
employed by the establishment. The copies shall be of such quality so that the
employee or therapist is readily identifiable from the photograph. Any copy of a
driver’s license or other photo identification accompanying an application for
establishment license shall be held in a locked file by the Health Department or
designated alternate department.
4. Three front-face portrait photographs taken within thirty (30) days of the date of the
filing of the application for all employees and massage, bodywork and somatic
therapists of the establishment which shall be approximately two inches by two inches
in size (passport size). The applicant shall legibly print the full legal name, any
nicknames or aliases, and date of birth of the individual in the photograph on the rear
side of each photograph submitted.
5. Disclosure of all prior arrests, criminal convictions, and offense convictions other than
misdemeanor traffic violations for prospective employee, fully disclosing the
jurisdiction in which the arrest or conviction occurred along with details on the offense
for the arrest or conviction and circumstances thereof.
266:4
§ 266-4 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-5
6. A. notarized statement attached to the list required in (4) above shall be provided
indicating that all massage, bodywork, and somatic therapists employed or to be
employed by the establishment or otherwise permitted to work at the establishment
have been certified by the State of New Jersey to N.J.S.A. 45:11-53 through N.J.S.A.
45:11-79 and N.J.A.C. 13:37A-1.1 et seq., as the same from time to time may be
amended and supplemented et seq. The applicant shall submit to the Board of Health
an amended or new notarized statement at the time any new massage, bodywork and
somatic therapist is hired.
266-5. Approvals required prior to hiring of new employees
A. Prior to hiring any new therapists or employees not identified on the initial license
application or renewal thereof, the licensee shall submit the following items for the
prospective employee to the Board of Health office:
1. The names, including nicknames, and/or aliases, and residence addresses of the
prospective employee on a form provided by the Board of Health and available at the
Board of Health office.
2. Copies of all massage, bodywork, and somatic therapist’s license issued by the New
Jersey Board of Massage & Body Work Therapy for any prospective massage,
bodywork, or somatic therapist.
3. Copies of a driver’s license, passport, or other government-issued photograph
identification for the prospective employee. The copy shall be of such quality so that
the prospective employee is readily identifiable from the photograph. Any copy of a
driver’s license or other photo identification accompanying an application for
establishment license shall be held in a locked file by the Health Department or
designated alternate department.
4. Three front-face portrait photographs taken within thirty (30) days of the date of the
filing of the application for all prospective employees and massage, bodywork and
somatic therapists of the establishment, which shall be approximately two inches by
two inches in size (passport size). The applicant shall legibly print the full legal name,
any nicknames or aliases, and date of birth of the individual in the photograph on the
rear side of each photograph submitted.
5. Disclosure of all prior arrests, criminal convictions, and offense convictions other than
misdemeanor traffic violations for prospective employee, fully disclosing the
jurisdiction in which the arrest or conviction occurred along with details on the offense
for the arrest or conviction and circumstances thereof.
266:5
§ 266-6 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-7
266-6. Criminal background check required
A. Upon filing an application for an initial license or renewal thereof with the Board of Health
office, the applicant - if a sole proprietorship, the individual; if a corporation, each
stockholder holding 10% or more the stock of the corporation and each officer and each
director; if an LLC or LLP, each member or partner, including limited members or
partners; if a partnership, each partner, including limited partners; and the manager or other
person principally in charge of the operation of the establishment - shall respond to the
Borough’s Police Department with a current driver’s license or other government issued
photo identification. The applicant shall be provided with a fingerprint form from a
fingerprint vendor authorized by the State of New Jersey. The applicant, at the applicant’s
expense, shall respond to the authorized fingerprint vendor’s location for a fingerprint
check.
B. Upon filing an application for an initial license or renewal thereof with the Board of Health
office, all massage, bodywork, or somatic therapists, and other employees of the
establishment shall respond to the Borough’s Police Department with a current driver’s
license or other government issued photo identification. The therapist or other employee
shall be provided with a fingerprint form from a fingerprint vendor authorized by the State
of New Jersey. The employee, at the employee’s or the applicant’s expense, shall respond
to the authorized fingerprint vendor’s location for a fingerprint check.
C. Prior to being employed as a massage, bodywork, or somatic therapist or in any other
capacity by a licensed establishment, the prospective employee shall be required to
respond to the Borough’s Police Department with a current driver’s license or other
government issued photo identification. The prospective employee shall be provided with a
fingerprint form from a fingerprint vendor authorized by the State of New Jersey. The
prospective employee, at the prospective employee’s or the applicant’s expense, shall
respond to the authorized fingerprint vendor’s location for a fingerprint check. No person
shall be employed until the background check and approval has been granted by the Chief
of Police as set forth in Article 266-7 B.
D. Any copy of a driver’s license or other photo identification accompanying an application
for establishment license shall be held in a locked file by the Health Department or
designated alternate department.
266-7. Approval of Chief of Police required
A. Upon receipt of a complete application for an initial license or subsequent renewal of a
license, the Health Department shall provide a duplicate of the application and all pertinent
documents to the Chief of Police, who shall make or cause to be made an investigation
including review of all employee background checks as set forth in App. A. 13-7.
B. Upon completion of the criminal background investigation, the Chief of Police shall
endorse the application noting approval or disapproval and the forward the application to
the Health Department with supporting information. Disapproval by the Chief of Police
shall be based on information disclosed by the investigation and criminal background
check which indicates that the issuance of an establishment license would not be in the best
interest of the public.
266:6
§ 266-9 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-9
266-8. Approval of Health Officer required
A. Upon receipt of approval by the Chief of Police, the Health Department or designated
alternate department shall route a duplicate of the same application to the Borough
Construction Official and Subcode Officials, Borough Clerk, Borough Zoning Officer, Fire
Prevention Official, and any other pertinent Borough Officials and Boards.
B. The Health Officer or his designated agent shall review the application and make or cause
to be made an inspection of the premises to be licensed to ensure compliance with the
sanitary and operational requirements set forth in this Article and all other applicable
Borough and State of New Jersey regulations. Upon completion of the inspection of the
premises to be licensed, the Health Officer or his designated agent shall endorse the
application noting approval or disapproval and shall file the application in the Health
Department with supporting information. Disapproval by the Health Officer or his
designated agent shall be based on findings disclosed by the inspection that the premises
to be licensed does not comply with the sanitary and/or operational requirements set forth
in this Article and all other applicable Borough and State of New Jersey regulations.
266-9. Other Borough approvals required
A. In the event the applicant requires Board of Adjustment approval of an application for
development in accordance with the laws of the State of New Jersey, upon completion of
the Board of Adjustment hearing and procedures on the application for development as
required by law, the Board of Adjustment shall notify the Board of Health of the Board’s
decision on the application for development.
B. The Borough Zoning Officer, Construction Official and Subcode Officials, Fire Prevention
Official, and any other pertinent Borough Officials shall review the application and make
or cause to be made an inspection of the premises to be licensed to ensure compliance with
applicable Borough and State of New Jersey laws and regulations.
C. Upon completion of the inspection of the premises to be licensed, the Borough Zoning
Officer, Construction Official and Subcode Officials, Fire Prevention Official, and any
other pertinent Borough Officials and Boards shall endorse the application noting approval
or disapproval and then forward the application to the Borough Clerk with supporting
information. Disapproval by the Zoning Officer, Construction Official and Subcode
Officials, Fire Prevention Official, and any other pertinent Borough Officials shall be
based on findings disclosed by the inspection that the premises to be licensed does not
comply with applicable Borough and State of New Jersey laws and regulations.
D. The Health Department and Fire Bureau, shall, as necessary, make an inspection of each
massage, bodywork and somatic therapy establishment granted a license under the
provisions of this chapter for the purpose of determining whether the provisions of this
chapter and/or applicable rules, regulations and laws are being complied with. Such
inspections shall be made at reasonable times and in a reasonable manner. It shall be
unlawful for any licensee to fail to allow such inspection officer access to the premises or
to hinder such officer in any manner.
266:7
§ 266-10 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-12
266-10. Issuance of establishment license; fees; photographs
A. Upon receipt of application written approvals by the Board of Health from all officials set
forth in 266-8, 266-9 and 266-10 and upon receipt of the written approval of the license by
the Borough Health Officer or his designated agent, the applicant shall be issued a
massage, bodywork and somatic therapy establishment license, which shall be effective for
the period January 1 through December 31. Issuance of the license shall be contingent
upon the applicant providing payment to Board of Health office to cover the required
license fee. License fees shall be as follows:
1. Initial establishment license obtained January 1 to June 30:
$500.00
2. Initial establishment license obtained July 1 or later:
$250.00
3. Annual establishment license renewal:
$500.00
4. Late fee (for applications received January 1 or later:
$100.00
B. Upon issuance of the license, the Board of Health shall retain one set of the three
photographs for all individuals submitted by the licensee at the time of application. The
second set of photographs shall be provided to the Chief of Police and the third set of
photographs shall be provided to the Health Officer or his designated agent.
266-11. Display of establishment license and therapist license
A. The most current establishment license issued under this article shall be displayed in a
conspicuous place at all times near the public entrance to the establishment and at eye-
level where it may be viewed by all who enter the establishment.
B. All licenses issued by New Jersey Board of Massage & Body Work Therapy to massage,
bodywork, and somatic therapists employed by the establishment or otherwise permitted to
work at the establishment shall be displayed in accordance with the provisions of N.J.A.C.
13:37A-3.4, as the same may be amended and supplemented from time to time.
266-12. Transferability of license
A. Any license granted under this Article shall only be valid for the sole proprietorship,
partnership, limited liability partnership or company, corporation, or any other form of
business organization to which it was granted and shall not be transferable.
B. Any license granted under this Article shall only be valid for the premises for which it was
issued and shall not be transferable to another premises.
266:8
§ 266-13 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-14
266-13. Plans required prior to construction, alterations, or renovation; approval.
A. Prior to the initial construction and or any subsequent alteration or renovation of an
establishment licensed under this article, a floor plan detailing the proposed layout of all
equipment and areas shall be submitted to the Borough’s Health Department by the
applicant. Such plans shall be drawn to scale.
B. Upon receipt of such plans, the Borough’s Health Officer or his designated agent shall
review the plan for compliance with this Article within sixty (60) days of receipt.
C. The applicant shall pay the following plan review fees to the Borough’s Health Department
simultaneously with the submission of the plans to be reviewed:
1. Fee for Health’s Officer’s initial review of a plan: $150.00
2. Fee for Health Officer’s review of any subsequent revised plan: $100.00
D. No construction, alterations, or renovations shall occur until approval of said plans has been
provided by the Borough’s Health Officer or his designated agent.
E. No construction, alterations, or renovations shall occur until the said plans have also been
approved by the Borough Zoning Officer, Construction Official or other departments under
all applicable Borough Ordinances, and the Planning Board or Board of Adjustment, and if
necessary building and zoning permits obtained, if required.
266-14. Operating and sanitary requirements
A.
Every massage, bodywork, and somatic therapy establishment shall comply with the following
sanitary and operational requirements:
1. Every portion of the massage, bodywork and somatic therapy establishment, including
appliances and apparatus, shall be kept clean and operated in a sanitary condition.
2. The hours of operation for the establishment shall be posted conspicuously and unobstructed
where these may be viewed from the outside of the establishment. The following signage shall
be posted conspicuously and unobstructed in the reception area where these may be viewed by
patrons:
(a) Price rates for all services provided by the establishment.
(b) A sign reading: “Consumer complaints regarding this establishment may be made by calling
the Borough of Butler Health Department” along with the telephone number for the Borough’s
Health Department. All lettering for the sign shall be a minimum height of two inches (2”) and
shall contrast in color to the background of the sign.
3. The public entrance to the establishment and any door leading to areas wherein corridors for
rooms where massage, bodywork, or somatic therapy work areas are located shall be unlocked
while the establishment is providing services to clients. Use of remote locking and unlocking
systems and/or intercom systems to permit entry into the establishment shall be prohibited.
4. A landline telephone shall be made available in the establishment. Emergency telephone
numbers for EMS, the Borough’s Police Department, Fire Department, and Health Department
along with “911” shall be posted conspicuously and unobstructed from view adjacent to the
telephone.
266:9
§ 266-14 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-14
5. All employees, including and therapists, shall, at all times while on the business premises, wear
clean, nontransparent outer garments solidly covering the shoulders and extending four inches (4”)
or less above the elbows to the base of the neck. Skirts, mini-skirts, and dresses shall not be worn
by any employee at any time while on the licensed premises and only trousers or pants may be
worn while on duty. Further, under no circumstances shall these garments permit the genitals,
pubic area, abdomen, back, buttocks, breast, cleavage, or chest to be exposed. All employees shall
wear shoes while on the premises during business hours.
6. All employees shall wear name tags which are of durable design while on the premises bearing
their first and last names. Name tags shall be displayed visibly on the upper portion of the shirt on
either right or left side.
7.
Dressing rooms for clients shall be provided on the premises. Doors to such dressing rooms shall
open inward and shall be self-closing. This requirement shall not apply to establishments which
do not have dressing rooms on the premises as of this Article’s adoption provided that:
(a) The owner provides detail in writing to the Health Officer on the establishment’s current
arrangements and facilities to permit clients to disrobe and change;
(b) Dressing rooms shall be provided in establishments operating prior to the adoption of this
article if the establishment undergoes extensive renovations or changes ownership; and
(c) Dressing rooms shall be required in new establishments which open after the adoption of this
article.
8.
Rooms wherein massage, bodywork, or somatic therapy is provided shall not have any type of
locking device nor shall such rooms be locked while occupied by a client and the therapist. This
requirement shall not preclude the licensee from using signage on the exterior side of the door to
the room to indicate when said room is occupied by a client and a therapist.
9.
Locker facilities provided for use by patrons shall be fully secured for the protection of the patron’s
valuables, and the patron shall be given control of the key or other means of access.
10. All massage, bodywork, and somatic therapy establishments shall have clean laundered sheets and
towels in sufficient quantity which shall be laundered after each use thereof and stored in a sanitary
manner. Receptacles with lids shall be provided for the depositing of soiled and used linens. Such
receptacles shall be kept clean and shall be of non-absorbent and easily-cleanable design. All clean
linens shall be stored in such a manner so as to prevent contamination.
11. Towels, coverings, and linens shall be laundered either by a commercial laundering service or
laundered on site. Laundering machines used on site shall be in working order and supplied with
hot and cold water. Soiled linens and draping materials washed on site shall be washed in a clothes
washing machine, in hot water with detergent and at least one quarter cup of bleach per gallon or
an antibacterial agent. A clothes dryer shall be provided on site when laundering machines are
provided in the establishment and such dryers shall be in working order. All laundered towels,
coverings, draping materials and linens shall be dried on the highest heat setting of the
establishment’s clothes dryer.
12. Only tables or chairs which were specifically designed by the manufacturer for massage,
bodywork, or somatic therapy and which are easily cleanable and non-absorbent shall be used in
the establishment for rendering such therapies.
266:10
§ 266-14 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-4
13. The patron’s genitals, pubic area, anus, and female patron’s breast below the point immediately
above the top of the areola must be fully draped at all times while any employees of the business
or establishment is in the room where the massage therapy, bodywork, or somatic therapy will be
performed.
14.
e presence or use of table showers in the establishment shall be prohibited.
Establishments with table showers as of the adoption of this Article shall have ninety (90) days
from the date this Article is adopted to fully remove such table showers from the establishment.
15.
All walls, ceilings, floors, showers, spas, steam rooms and all other physical facilities and
surfaces shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat
rooms, steam or vapor rooms or steam or vapor cabinets and shower compartments and toilet
rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers
shall be kept dry, clean and sanitary.
16.
Oils, creams, lotions and other preparations used in administering massage, bodywork
and somatic therapies shall be kept in clean and closed containers. If such oils, creams, lotions,
and other preparations are placed in smaller containers for individual use by the therapist, the
product’s manufacturer’s container with the manufacturer’s label from which the product
originated shall be available on site. When a liquid, cream, or other preparations are to be used on
or made available for use directly by a patron, these shall be removed from the container in such
a way as not to contaminate the remaining portion in the container.
17.
Any combs, brushes, or other personal items of grooming or hygiene that are provided
for the use of patrons shall be either fully disposable and shall not be used by more than one (1)
patron.
18.
No patrons shall be allowed to use any shower facilities within the establishments
unless such patrons are wearing slip resistant sandals or flip-flops while in the shower
compartment. All footwear such as sandals or flips-flops that are provided for the use of patrons
shall be either fully disposable or if used by more than one patron, shall be fully disinfected after
each use in a manner approved by the Health Officer or his designated agent.
19.
The following activities shall not be permitted in a massage establishment:
(a)
Ear candling.
(b)
All procedures and services that involve ear picks, ear scoops and ear spoons.
(c)
Cupping, or applying the open end of a glass vessel or vessel of another material onto
the client’s skin and utilizing an open flame to heat the vessel.
(d)
Any activities or therapies that utilize any form of terrestrial or aquatic animals during
therapy including but not limited to fish foot spas.
(e)
Any activities or therapies that utilize animal waste or products that contain animal
waste as an ingredient.
(f)
Colon cleansing.
20. Animals, except for seeing-eye, hearing, and/or service dogs, shall not be permitted in the
massage work area.
266:11
§ 266-14 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-14
21. Before administering a massage, bodywork or somatic therapy to a patron, the therapist shall
wash his or her hands in warm running water, using a proper soap or disinfectant, and lather
vigorously for no less than twenty (20) seconds while paying particular attention to removing soil
from underneath the fingernails during the cleaning procedure, and creating friction on the surfaces
of the hands and arms, finger tips, and areas between the fingers. Hand drying shall be
accomplished by use of disposable paper towels or an electric hand drying device. Use of common
cloth towels for hand drying shall be prohibited.
22. All restroom and workstation hand washing sinks are to be stocked with liquid hand soap and
paper towels. Common towels shall be prohibited in restrooms. Hand washing sinks shall be
readily accessible to all workstations. Dispensers for soap and paper towels shall be wall mounted.
Hand washing signs provided by the Health Department must be posted conspicuously at all hand
washing sinks.
23. No massage, bodywork or somatic therapy establishment shall knowingly serve any patron
infected with any parasitic infections such as pediculosis or scabies and/or fungal, bacterial, or
other skin infections, nor shall service be performed on any patron exhibiting skin inflammation
or eruptions. No massage, bodywork or somatic therapy establishment shall knowingly serve any
patron demonstrating any other medically recognized contraindication, provided that a duly
licensed physician may certify that a person may be safely provided with a massage, bodywork or
somatic therapy, prescribing the conditions thereof.
24. The owner or operator shall submit a disinfection/sterilization plan for non-disposable
instruments and materials used in administering massages, bodywork and/or somatic therapies to
the Health Officer for approval at the time of the initial application for licensure or any subsequent
application for license renewal thereof and must operate in compliance with an approved plan.
Such non-disposable instruments and materials shall be disinfected after use on each patron and
stored in a clean and sanitary manner. Ample supplies of the disinfectant and/or sanitization agents
approved by the Health Officer or his designated agent shall be available in the establishment at
all times. All such agents shall be stored in their original container, shall bear the manufacturer’s
label, and shall be used in a manner consistent with the manufacturer’s instructions.
25. Restroom doors shall be self-closing and each restroom shall be provided with an easily
cleanable, non-absorbent, and covered waste receptacle. The exterior portion of the door to the
restroom shall be clearly marked with a sign identifying the gender for which the restroom is
designated for use. If the restroom is designated for unisex use, the exterior portion of the door
shall be clearly marked as being designated for both genders. All toilets shall be in working order.
All showers shall be in working order. All sinks and showers in the establishment shall be supplied
with hot and cold running water. Hot and cold water at hand washing sinks shall dispense water
from a single faucet under pressure. Hot and cold water in showers shall dispense under pressure.
26. The establishment shall be kept free of vermin and conditions which are conducive to the
breeding, feeding, and harboring of vermin. Extermination services shall only be performed by a
licensed exterminator.
27. Garbage and waste generated shall be kept in non-absorbent and easily cleanable waste
receptacles. Waste receptacles in rooms where services are rendered to patrons shall be lined with
plastic disposable bags and shall be supplied with lids which can be opened with a foot pedal. All
waste containers shall be maintained in a sanitary manner, shall not be permitted to overflow, and
shall be maintained in such a manner so as to prevent the entry of vermin. All outside garbage
and waste storage areas shall be maintained in a sanitary manner at all times. All waste receptacles
stored outside shall be covered and shall be maintained in good condition and be of such design so
as to prevent the entry or feeding of vermin.
266:12
§ 266-15 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-17
266-15. Sleeping quarters
A. No part of any quarters of any massage, bodywork and somatic therapy establishment shall be used
for or connected with any bedroom or sleeping quarters nor shall any person sleep in such massage,
bodywork and somatic therapy establishment except for limited periods incidental to and directly
related to a massage, bodywork or somatic therapy treatment.
B. Beds or mattresses shall not be permitted on the licensed premises.
C. No smoking shall be permitted on the licensed premises.
266-16. Prohibited acts
A. At no time shall clients and any employee(s) of the establishment simultaneously occupy any
dressing room in the establishment, restroom, steam rooms, dry heat, vapor, or shower and/or
bathing rooms. In the event a client requires toiletries, towels, or other items, the items shall be
passed to the client through the door into such rooms by the employee who shall remain outside of
the room while the items are passed to the client.
B. It shall be unlawful for any person knowingly, in a massage, bodywork or somatic therapy
establishment, to place his or her hand upon or touch with any part of his or her body, to fondle in
any manner or to massage a female patron’s breast or the sexual or genital area of any other person.
No massage, bodywork or somatic therapist, employee or operator shall perform or offer to perform
any act which would require the touching of a female patron’s breasts or the patron's sexual or
genital area.
C. No owner or manager of a massage, bodywork and somatic therapy establishment shall tolerate in
his or her establishment any activity or behavior prohibited by the State of New Jersey, particularly,
but not limited to, laws proscribing prostitution, indecency and obscenity, including the sale,
uttering or exposing and public communication of obscene material; laws which relate to the
commission of sodomy, adultery and proscribing fornication, nor shall any owner or manager
tolerate in his or her establishment any activity or behavior which violates this section.
D. Any conviction of any employee of a massage, bodywork and somatic therapy establishment of a
violation of the aforementioned statutes and codes shall devolve upon the owner or manager of such
establishment, to the extent that it constitutes sufficient cause for the suspension or revocation of
the establishment license.
266-17. Exceptions
A. The provisions of this Article shall not apply to massage, bodywork or somatic therapies given:
1. In the office of a licensed physician, chiropractor or physical therapist; or
2. By a regularly established medical facility having a staff which includes licensed physicians,
chiropractors and/or physical therapists; or
3. By any licensed physician, chiropractor or physical therapist in the residence of his or her
patient; or
4. By a licensed barber or cosmetologist/hairstylist limited to the areas of the face, neck, scalp or
upper part of the body, manicurists and pedicurists, as set forth in the Cosmetology and
Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et seq.
266:13
§ 266-18 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-18
266-18. Suspension or revocation of license
A. Establishment licenses issued under this Article may be revoked or suspended by the Health Officer
or his designated agent pending a formal hearing before the Board of Health. Reasons for automatic
suspension or revocation of an establishment license include but are not limited to the following:
1. Fraud, misrepresentation or false statement in the application for the establishment
license.
2. Fraud, misrepresentation or false statement made while operating the licensed business
in the Borough.
3. Conviction of a crime or offense involving moral turpitude, a felony, an offense
involving sexual misconduct, keeping or residing in a house of prostitution, and any
crime involving dishonesty.
4. Conducting the licensed business within the Borough in an unlawful manner or in such
a manner as to constitute a menace to the health, safety or general welfare of the public.
5. An existing or threatened menace to the public health as determined by the Health
Officer.
6. The owner and/or operator or any employee refuses to permit, hinders, or obstructs, the
Health Officer or his designated agent or any duly authorized Borough Police Officer or
official to inspect the premises or the operations therein.
B. A person, firm, corporation, or other entity whose license has been revoked shall close the
establishment and request all patrons to vacate the premises.
C. The licensee shall be entitled to a hearing before the Board of Health within a reasonable time which
is not to exceed fifteen (15) days for the purpose of seeking reinstatement of a suspended or revoked
license. Written notice of the time and place of such a hearing shall be served upon the licensee at
least three (3) days prior to the date set for such hearing. Such notice shall contain a brief statement
of the grounds to be relied upon for revoking, cancelling, or suspending such license. Notice may
be give either by personal delivery thereof to the person to be notified or be deposited in the United
States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at
the business address appearing upon such license by simultaneous regular mail and certified mail,
return receipt requested.
D. At the hearing before the Board of Health, the licensee shall have an opportunity to answer and may
thereafter be heard, and upon due consideration and deliberation by the Board of Health, the
complaint may be dismissed, or if the Board of Health concludes that the charges have been
sustained and substantiated, it may deny reinstatement of the license and stipulate the conditions
required for reinstatement of the license.
E. If any such license shall have been revoked, neither the holder thereof nor any person acting for
him, directly or indirectly, shall be entitled to another license to carry on the same business within
the Borough, unless the application for such license shall be approved by the Board of Health.
266:14
§ 266-19 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-20
266-19. Inspections; access to premises
A. The Health Officer and his designated agent, shall, from time to time, at least twice a year, make
unannounced inspections of each massage, bodywork and somatic therapy establishment granted a
license under the provisions of this Article for the purpose of determining compliance with the
provisions of this Article and/or applicable rules, regulations, and laws. Such inspection shall be
made at reasonable times and in a reasonable manner.
B. Any duly appointed Borough Police Officer shall be permitted to enter upon and inspect the
premises for compliance with this Article.
C. All parts of the establishment shall be made accessible to the Health Officer or his designated agent
and any duly appointed Borough Police Officer.
D. It shall be unlawful for any licensee or his/her employee to hinder, impede, or fail to allow the
Health Officer or his/her designee, any duly appointed Borough Police Officer, or Borough Official
needing to perform an inspection, access to all areas of the establishment.
266-20. Inspection placard; posting of placard
A. Immediately upon the conclusion of the inspection, the Health Officer or his designated agent shall
issue an evaluation placard of the establishment and leave the original copy of the inspection report
form with the person in charge of the establishment at the time of the inspection. The evaluation
placard shall identify that the establishment is one of the following:
1. "Satisfactory": The establishment is found to be operating in substantial compliance
with this Article and the licensee and his/her employees have demonstrated that they are
aware of the licensing, operational, and sanitary requirements outlined in this article;
2. "Conditionally Satisfactory": At the time of the inspection the establishment was
found not to be operating in substantial compliance with this Article and was in violation
of one or more provisions of this Article. Due to the nature of these violations, a
reinspection shall be scheduled. The reinspection shall be conducted at an unannounced
time. A full inspection shall be conducted at the time of reinspection. Opportunity for
reinspection shall be offered within a reasonable time and shall be determined by the
nature of the violation; or
3. "Unsatisfactory": Whenever a licensed establishment is operating in violation of this
Article, with one or more violations of this Article that constitute gross insanitary or
unsafe conditions, which pose an imminent health hazard, and/or violations of this
Article which serve as grounds for revocation or suspension of the establishment license,
the Health Officer or his/her designees shall issue an unsatisfactory evaluation. The
Health Officer shall immediately request that all operations cease until it is shown on
reinspection that conditions which warrant an unsatisfactory evaluation no longer exists.
Issuance of an unsatisfactory rating shall serve as ground for immediate suspension or
revocation of the establishment’s license.
266:15
§ 266-20 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-23
B. The licensee or person in charge of the establishment at the time of the inspection shall post the
evaluation placard of the most recent evaluation made by the Health Officer or his designated agent.
The evaluation placard shall be posted immediately in a conspicuous place near the public entrance
of the establishment in such a manner that the public may fully view the placard.
C. Inspection reports provided by the Health Officer or his designated agent shall be kept on the
premises for a minimum of three (3) years from the date of issuance and shall be provided upon
request to any member of the public or any Borough Official.
266-21. Reinspection fee
A. For any licensed establishment which requires reinspection as a result of a classification as
“conditionally satisfactory” or “unsatisfactory”, a reinspection fee of $240.00 shall be paid by the
licensee prior to the reinspection. A reinspection fee shall also be required for any subsequent
“conditionally satisfactory” or “unsatisfactory” classifications issued to the licensee at the
conclusion of a reinspection.
B. For repeat violations, a reinspection fee of $240.00 shall be paid by the licensee per violation. A
violation shall be deemed a repeat violation if the owner or person in charge of an establishment
licensed under the provisions of this ordinance fails:
1. To properly correct or abate a violation after having been notified verbally and in writing
during a previous inspection or complaint investigation; and/or
2. To take proper measures to prevent the reoccurrence of a violation after having been notified
verbally and in writing during a previous inspection or complaint investigation.
266-22. Violations and penalties
A. In addition to the revocation or suspension of the license granted under this Article, any person who
violates any provision of this Article shall, upon conviction thereof, be punishable by a fine of not
more than $2,000 or imprisonment for a term not to exceed 90 days or by a period of community
service not to exceed 90 days.
266-23. Enforcement agent
A. The enforcement agent for this Article shall be the Health Officer or his designated agent and any
duly appointed Borough Police Officer
266:16
APPENDIX
Chapter A265
CABLE TELEVISION FRANCHISE
§ A265-1.
Definitions.
§ A265-2.
Statement of findings.
§ A265-3.
Grant of authority.
§ A265-4.
Duration of franchise.
§ A265-5.
Expiration and subsequent renewal.
§ A265-6.
Franchise territory.
§ A265-7.
Service area.
§ A265-8.
Franchise fee.
§ A265-9.
Free service.
§ A265-10. Construction requirements.
§ A265-11. Technical and customer service standards.
§ A265-12. Local office or agent.
§ A265-13. Designation of complaint officer.
§ A265-14. Liability insurance.
§ A265-15. Performance bond.
§ A265-16. Rates.
§ A265-17. Emergency uses.
§ A265-18. Equitable terms.
§ A265-19. Removal of facilities.
§ A265-20. Public, educational and governmental access.
§ A265-21. Incorporation of application.
§ A265-22. Consistency with applicable laws.
§ A265-23. Separability.
§ A265-24. Notice.
§ A265-26. Effective Date and Board of Public Utility Approval.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 1-23-2001 by
Ord. No. 2000-31.1 ; Amended by Ord. 2013-17 on 10-15-2013. Amendments noted where
applicable.]
§ A265-1. Definitions.
“Act” or “Cable Television Act” shall mean that statute of the State of New Jersey relating to
cable television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et seq.
“Application” shall mean Cablevision’s application for Renewal of Municipal Consent, which
application is on file in the Borough Clerk’s office and is incorporated herein by reference and
made a part hereof, except as modified, changed, limited or altered by this Ordinance.
“Board” shall mean the Board of Public Utilities of the State of New Jersey or its successor
agency.
1. Editor's Note: This ordinance also superseded former Ch. A265, Cable Television Franchise, adopted 12-18-1990 by
Ord. No. 1990-31.
2. Editor's Note: The preamble of this ordinance defined "Borough" as the governing body of the Borough of Butler
and "company" or "Cablevision" as Cablevision of Oakland, Inc.
A265:1
§ A265-1 BUTLER CODE § A265-4
“Borough” shall mean the governing body of the Borough of Butler in the County of Morris, and the
State of New Jersey.
“Company” shall mean Cablevision of Oakland, LLC (“Cablevision”) the grantee of rights under this
Ordinance.
“FCC” shall mean the Federal Communications Commission.
“Federal Act” shall mean that federal statute relating to cable communications commonly known as
the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq. and the
Telecommunications Act of 1996, or as those statutes may be amended.
“Federal Regulations” shall mean those federal regulations relating to cable television services, 47
C.F.R. Section 76.1 et seq. (and, to the extent applicable, any other federal rules and regulations
relating to cable television, including but not limited to, those described in 47 C.F.R. Section 76.3), or
as such regulations may be amended.
“Standard installation” shall mean the installation of drop cable to a customer’s premise where the
distance from the point of entry into the building being served is less than 150 feet from the active
cable television system plant.
“State” shall mean the State of New Jersey.
“State Regulations” shall mean those regulations of the State of New Jersey Board of Public Utilities
relating to cable television. N.J.A.C. 14:17-1.1 et seq. and N.J.A.C. 14:18-1 et seq., or as such
regulations may be amended.
§ A265-2. Statement of findings.
A public hearing concerning the consent herein granted to Cablevision was held after proper public
notice pursuant to the terms and conditions of the Act. Said hearing having been held and fully open
to the public, and the municipality having received all comments regarding the qualifications of
Cablevision to receive this consent, the Borough hereby finds Cablevision possesses the necessary
legal, technical, character, financial and other qualifications to support municipal consent, and that
Cablevision’s operating and construction arrangements are adequate and feasible.
§ A265-3. Grant of authority.
The Borough hereby grants to Cablevision its non-exclusive consent to place in, upon, along,
across, above, over, and under its highways, streets, alleys, sidewalks, public ways, and public
places in the municipality poles, wires, cables, and fixtures necessary for the maintenance and
operation in the Borough of a cable television system or other communications facility, and for
the provision of any communication service over such facilities. Operation and construction,
pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.
§ A265-4. Duration of franchise.
This consent granted herein shall be non-exclusive and shall be for a term of ten (10) years from the
date of issuance of a Certificate of Approval by the Board.
A265:2
§ A265-5 CABLE TELEVISION FRANCHISE § A265-9
§ A265-5. Expiration and subsequent renewal.
If Cablevision seeks successive consent, it shall, prior to the expiration of this consent, apply for
a municipal consent and certificate of approval in accordance with N.J.S.A 48:5A-16, and
applicable state and federal rules and regulations. In accordance with N.J.S.A. 48:5A-25.1, both
the Borough and Cablevision shall be bound by the terms of this municipal consent until such
time as Cablevision converts the municipal consent (and any certificate of approval) into a
system-wide franchise.
§ A265-6. Franchise territory.
The consent granted under this Ordinance to Cablevision shall apply to the entirety of the
Borough and any property hereafter annexed.
§ A265-7. Service area.
Cablevision shall be required to proffer video programming service along any public right-of-
way to any person’s residence within the portion of the Franchise territory, as described in the
Application for municipal consent, at Cablevision’s schedule of rates for standard and
nonstandard installation.
§ A265-8. Franchise fee.
Pursuant to the terms and conditions of the Cable Television Act, Cablevision shall pay to the
Borough, as an annual franchise fee, a sum equal to two percent (2%) of the actual gross
revenues received from all recurring charges in the nature of subscription fees paid by
subscribers for its cable television reception services in the Borough. In the event applicable law
hereinafter permits a larger franchise fee to be collected, but does not fix the amount thereof, the
Borough and Cablevision shall negotiate in good faith with respect to the amount thereof;
provided, however, that nothing herein shall be construed to permit the Borough to require
payment of a franchise fee by Cablevision that is higher than the fee paid by all other cable
television service providers offering service in the Municipality.
§ A265-9. Free service.
Cablevision shall, upon written request, provide free of charge, one (1) standard installation and
monthly cable television reception service to all State or locally accredited public schools and all
municipal public libraries, as well as municipal buildings located within the Borough.
Upon written request from the Borough, the Company shall provide to state and locally
accredited elementary and secondary schools and municipal public libraries in the Borough,
without charge, the following: (1) one standard installation per school or library; (2) one cable
modem per installation; and, (3) basic cable modem service for the term of this Ordinance for
each installation. This offer shall be subject to the terms, conditions and use policies of the
Company, as those policies may exist from time to time.
A265:3
§ A265-9 BUTLER CODE § A265-12
§ A265-10. Construction requirements.
Cablevision shall perform construction and installation of its plant and facilities in accordance with
applicable State and federal law. The Company shall be subject to the following additional
construction requirements with respect to the installation of its cable plant and facilities in the
Borough:
(a) In the event that the Company or its agents shall disturb any pavement, street surfaces,
sidewalks, driveways or other surfaces, the Company shall at its sole expense restore and replace
such disturbances in as good a condition as existed prior to the commencement of said work.
(b) If at any time during the period of this consent, the municipality shall alter or change the grade
of any street, alley or other way or place, the Company, upon reasonable notice by the Borough
shall remove or relocate its equipment, at its own expense.
(c) Upon request of a person holding a building or moving permit issued by the Borough, the
Company shall temporarily move or remove appropriate parts of its facilities so as to permit the
moving or erection of buildings or for the performance of other work. The expense of any such
temporary removal or relocation shall be paid in advance to the Company by the person requesting
the same. In such cases, the Company shall be given not less than fourteen (14) days prior written
notice in order to arrange for the changes required.
(d) During the exercise of its rights and privileges under this consent, the Company shall have the
authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the
Borough so as to prevent the branches of such trees from coming in contact with the wires, cables,
conduits and fixtures of the Company. Such trimming shall be only to the extent necessary to
maintain proper clearance for the Company’s facilities.
§ A265-11. Technical and customer service standards.
Cablevision shall comply with the technical and customer service standards established for the cable
industry under applicable federal and State laws, rules and regulations.
§ A265-12. Local office or agent.
Cablevision shall establish and maintain during the entire term of this consent a local area business
office or agent for the purpose of receiving, investigating and resolving complaints regarding the
quality of service, equipment malfunctions and similar matters. Said office shall be open daily during
normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with
the exception of holidays.
A265:4
§ A265-13 CABLE TELEVISION FRANCHISE § A265-19
§ A265-13. Designation of complaint officer.
The Office of Cable Television is hereby designated as the complaint officer for the Borough
pursuant to the provisions of N.J.S.A. 48:5A-26. All complaints shall be reviewed and processed
in accordance with N.J.A.C. 14:17-6.5.
§ A265-14. Liability insurance.
Cablevision agrees to maintain and keep in force and effect at its sole cost at all times during the
term of this consent, sufficient liability insurance naming the Borough as an additional insured
and insuring against loss by any such claim, suit, judgment, execution or demand in the
minimum amounts of five-hundred thousand dollars ($500,000) for bodily injury or death to one
person, and one million dollars ($1,000,000) for bodily injury or death resulting from any one
accident or occurrence stemming from or arising out of the Company’s exercise of its rights
hereunder.
§ A265-15. Performance bond.
Cablevision shall obtain and maintain, at its sole cost and expense, during the entire term of this
Agreement, a bond to the municipality in the amount of twenty-five thousand dollars
($25,000.00). Such bond shall be to insure the faithful performance of its obligations as
provided in this Franchise.
§ A265-16. Rates.
A. The rates of the Company for cable television service shall be subject to regulation to the
extent permitted by federal and State law.
B. Cablevision shall implement a senior citizen discount in the amount of ten percent (10%) off
the monthly broadcast basic level of cable television service rate to any person sixty-two (62)
years of age or older, who subscribes to cable television services provided by the Company,
subject to the following:
(i)
Such discount shall only be available to eligible senior citizens who do not share the
subscription with more than one person in the same household who is less than sixty-two
(62) years of age; and,
(ii) In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility for the discount
must meet the income and residence requirements of the Pharmaceutical Assistance to the
Aged and Disabled program pursuant to N.J.S.A. 30:4D-21; and,
(iii) The senior discount herein relates only to the broadcast basic level of cable television
service, and shall not apply to any additional service, feature, or equipment offered by the
Company, including any premium channel services and pay-per-view services; and,
(iv) Senior citizens who subscribe to a level of cable television service beyond expanded basic
service, including any premium or per channel a la carte service, shall not be eligible for
the discount; and,
A265:5
§ A265-16 CABLE TELEVISION FRANCHISE § A265-18
C. The Company shall have no further obligation to provide the senior discount herein in the
event that (a) the Company converts the municipal consent granted herein to a system-wide
franchise in accordance with N.J.S.A. 48:5A-25.1; or (b) upon Board approval of a certification
that another cable television service provider offering services to residents of the Borough files,
in accordance with N.J.S.A. 48:5A-30(d), is capable of serving sixty percent (60%) or more of
the households within the Borough. In the event the Company does cease providing a senior
discount pursuant to this provision, it shall comply with all notice requirements of applicable
law.
§ A265-17. Emergency uses.
Cablevision shall be required to have the capability to override the audio portion of the system in
order to permit the broadcasting of emergency messages by the Borough pursuant to state and
federal requirements. The Company shall in no way be held liable for any injury suffered by the
Borough or any other person, during an emergency, if for any reason the municipality is unable
to make full use of the cable television system as contemplated herein. The Borough shall utilize
the state-approved procedures for such emergency uses.
§ A265-18. Equitable terms.
In the event that the service of another multi-channel video program provider not subject to the
Borough’s regulatory authority within the Borough creates a significant competitive
disadvantage to Cablevision, the Company shall have the right to request from the Borough
lawful amendments to its Franchise that relieve it of burdens which create the unfair competitive
situation. Should the Company seek such amendments to its Franchise, the parties agree to
negotiate in good-faith appropriate changes to the Franchise in order to relieve the Company of
such competitive disadvantages. If the parties can reach an agreement on such terms, the
Borough agrees to support the Company's petition to the Board for modification of the consent in
accordance with N.J.S.A 48:5A-47 and N.J.A.C. 14:17-6.7.
If the parties are unable to reach an agreement on appropriate amendments to the franchise, the
Borough acknowledges that the Company shall have the right to petition the Board directly for
such amendments in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided,
however, the Borough shall be under no obligation to support Cablevision's request for such
relief from the Board.
In any subsequent municipal consent, Borough shall require, at a minimum, the same terms and
conditions of any other provider of multi-channel video programming subject to the Borough’s
regulatory authority as those contained in the instant consent. In the event such subsequent
consent does not contain the same terms and conditions as the instant consent, Borough agrees to
support the Company's petition to the Board for modification of the consent in accordance with
NJSA 48:5A-47 and NJAC 14:17-6.7 to relieve the Company of competitive disadvantages
identified in the Company's petition.
A265:6
§ A265-19 BUTLER CODE § A265-20
§ A265-19. Removal of facilities.
Upon expiration, termination or revocation of this Ordinance, Cablevision at its sole cost and expense
and upon direction of the Board, shall remove the cables and appurtenant devices constructed or
maintained in connection with the cable services authorized herein, unless Cablevision, its affiliated
entities or assignees should, within six (6) months after such expiration, termination or revocation
obtain certification from the FCC to operate an open video system or any other federal or state
certification to provide telecommunications.
§ A265-20. Public, educational and governmental access.
A. Cablevision shall continue to make available non-commercial public, educational and
governmental (PEG) access services available to the residents of the Borough as described in the
Application for municipal consent. All Cablevision support for PEG access shall be for the exclusive
benefit of Cablevision’s subscribers.
B. The Borough agrees that Cablevision shall retain the right to use the PEG access channel, or
portion thereof, for non-PEG access programming, during times when the Borough is not utilizing the
channel for purposes of providing PEG access programming. In the event that the Company uses said
PEG access channel for the presentation of such other programming, the PEG programming shall
remain the priority use and the Company’s rights with respect to using the channel for non-PEG
programming shall be subordinate to the Borough’s provision of PEG access programming on such
channel.
C. Cablevision shall have discretion to determine the format and method of transmission of the PEG
access programming provided for in this Section 20.
D. Cablevision shall provide the Borough with a one-time PEG grant of up twelve thousand dollars
($12,000.00) payable as follows: (1) an initial grant payment of three thousand dollars ($ 3,000.00)
within 90 days of the issuance of the Certificate of Approval by the Board of Public Utilities (the
“Initial Grant”); and (2) a grant of nine thousand dollars ($ 9000.00) provided in annual installments
of one thousand dollars ($1,000.00) each, upon written request by the Borough (the “Annual Grant).
The Annual Grant shall be payable to the Borough within ninety (90) days from receipt of the
Borough’s annual written request. Cablevision shall not be obligated to make any additional
payments beyond year ten of the franchise term.
E. The Borough agrees that the Initial Grant and the Annual Grant provided pursuant to Paragraph D,
shall be used for the exclusive support of PEG access programming, such as the purchase and/or
rental of PEG access equipment and facilities. On request, the Borough shall provide Cablevision
with a certification of compliance with this Section 20(E).
F. The Company shall have no further obligation to provide any PEG grant payments due and payable
after the date upon which the Company converts the municipal consent granted herein to a system-
wide franchise in accordance with N.J.S.A. 48:5A-25.1.
A265:7
§ A265-21 CABLE TELEVISION FRANCHISE § A265-24
§ A265-21. Incorporation of application.
All of the commitments contained in the Application and any amendment thereto submitted in
writing to the Borough by the Company except as modified herein, are binding upon Cablevision
as terms and conditions of this consent. The Application and any other written amendments
thereto submitted by Cablevision in connection with this consent are incorporated in this
Ordinance by reference and made a part hereof, except as specifically modified, changed,
limited, or altered by this Ordinance, or to the extent that they conflict with State or federal law.
§ A265-22. Consistency with applicable laws.
This consent shall be construed in a manner consistent with all applicable federal, State and local
laws, as such laws, rules and regulations may be amended from time to time.
§ A265-23. Separability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional by any court of competent jurisdiction such portion shall be
deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portion thereof.
§ A265-24. Notice.
Notices required under this Ordinance shall in writing and shall be mailed, first class, postage
prepaid, to the addresses below. Either party may change the place where notice is to be given
by providing such change in writing at least thirty (30) days prior to the time such change
becomes effective. The time to respond to notices under this Ordinance shall run from receipt of
such written notice.
Notices to the Company shall be mailed to:
Cablevision Systems Corporation
111 Stewart Avenue
Bethpage, NY 11714
Attention: Vice President for Government/Public Affairs, New Jersey
With a copy to:
Cablevision of Oakland, LLC
1111 Stewart Avenue
Bethpage, NY 11714
Attention: Legal Department
Notices to the Borough shall be mailed to:
Borough of Butler
One Ace Road
Butler, New Jersey 07405
Attention: Borough Administrator
A265:8
§ A265-25 CABLE TELEVISION FRANCHISE § A265-25
§ A265-24. Effective Date and Board of Public Utility Approval.
This Ordinance shall take effect upon issuance of a Certificate of Approval as issued by the Board of
Public Utilities that incorporates the material terms of this Ordinance. Nothing herein shall alter the
right of the Company to seek modification of this Ordinance in accordance with N.J.S.A 48:5A-47
and N.J.A.C. 14:17-6.7. In accordance with N.J.S.A. 48:5A-25.1, the terms of this Ordinance will no
longer be in effect upon Cablevision converting the municipal consent (and any certificate of
approval) into a system-wide franchise.
A265:9
DISPOSITION
LIST
Chapter DL
DISPOSITION LIST
§ DL-1. Disposition legislation.
The following is a chronological listing of legislation of the Borough of Butler adopted
since January 1, 2004, that has been codified, indicating its inclusion in the Code or the
reason for its exclusion. Enabling legislation which is not general and permanent in
nature is considered to be non-Code material (NCM) and is not included on this
Disposition List. Consult municipal records for information pertaining to legislation not
on this Disposition List.
§ DL-1. Disposition legislation.
Enactment
2004-2
Adoption Date
4-20-2004
Subject
Alcoholic beverage sales
Disposition
Ch. 67, Art. I
amendment
2004-3
4-20-2004
Copies of public records
amendment
Ch. 119, Art. I
2004-7
7-20-2004
Uniform construction codes
amendment
Ch. 101
2004-8
7-20-2004
Vehicles and traffic
amendment
Ch. 225
2004-9
7-20-2004
Copies of public records
amendment
Ch. 119, Art. I
2004-16
10-19-2004
Copies of public records
amendment
Ch. 119, Art. I
2005-5
4-19-2005
Sewers amendment
Ch. 191
2005-6
5-17-2005
Vehicles and traffic
amendment
Ch. 225
2005-9
5-17-2005
Towing and storage of
vehicles amendment
Ch. 216
2005-22
10-18-2005
Vehicles and traffic
amendment
Ch. 225
2005-23
10-18-2005
Vehicles and traffic
amendment
Ch. 225
2005-26
12-20-2005
Water amendment
Ch. 234
2005-27
12-20-2005
Sewers amendment
Ch. 191
2006-1
1-17-2006
Vehicles and traffic
amendment
Ch. 225
DL:1
§ DL-1
BUTLER CODE
§ DL-1
Enactment
2006-2
Adoption Date
2-7-2006
Subject
Police Department
Disposition
Ch. 40
amendment
2006-3
3-7-2006
Uniform Construction
Codes amendment
Ch. 101
2006-4
3-21-2006
Alarm systems repealer
Ch. 65, reference
only
2006-6
4-18-2006
Rental or lease of residential
property
Ch. 182
2006-7
4-18-2006
Violations and penalties
amendment
Chs. 1, 67, 69, 79,
82, 85, 89, 91, 93,
101, 101A, 102,
108, 117, 120,
122, 124, 129,
133, 150, 153,
160, 165, 168,
174, 180, 184,
187, 191, 194,
196, 202, 213 and
230
2006-11
5-16-2006
Disposal of pet waste;
feeding wildlife;
containerized yard waste;
illicit connection to
stormwater system;
improper disposal of waste
in municipal storm sewer
system
Chs. 72, Arts. IV
and V; 130; 192;
193
2006-12
5-2-2006
Alcoholic beverages: Sales
amendment
Ch. 67, Art. I
2006-14
5-16-2006
Butler Alliance Commission Ch. 56
2006-15
5-16-2006
Vehicles and traffic
amendment
Ch. 225
2006-18
6-20-2006
Towing and storage of
vehicles amendment
Ch. 216
2006-25
9-19-2006
Bingo and raffles
amendment
Ch. 82
2006-26
11-21-2006
Housing standards
amendment
Ch. 136
2006-27
Land use amendment
Ch. 143
2006-29
12-19-2006
Parks and recreation areas
amendment
Ch. 168
2007-01
(Board of Health)
2-21-2007
Sanitation amendment
Ch. 257
DL:2
§ DL-1
DISPOSITION LIST
§ DL-1
Enactment
2007-1
Adoption Date
Subject
Vehicles and traffic
Disposition
Ch. 255
amendment
2007-2
2-20-2007
Garbage, refuse and
recyclables amendment
Ch. 129
2007-3
2-20-2007
Vehicles and traffic
amendment
Ch. 255
2007-4
2-20-2007
Towing and storage of
vehicles amendment
Ch. 216
2007-5
2-20-2007
Newsracks
Ch. 158
2007-6
3-20-2007
Fees: Copies of public
records amendment
Ch. 119, Art. I
2007-8
6-19-2007
Massage, bodywork and
somatic therapy
establishments
Ch. 156
2007-9
4-17-2007
Land use amendment
Ch. 143
2007-10
5-15-2007
Vehicles and traffic
amendment
Ch. 225
2007-15
6-19-2007
Administration of
government amendment
Ch. 4
2007-16
6-19-2007
Vehicles and traffic
amendment
Ch. 225
2007-24
7-21-2007
Land use amendment
Ch. 143
2007-27
9-18-2007
Fees: Copies of public
records amendment
Ch. 119, Art. I
2007-29
11-20-2007
Land use amendment
Ch. 143
2008-1
1-22-2008
Land use amendment
Ch. 143
2008-2
2-19-2008
Vehicles and traffic
amendment
Ch. 225
2008-3
3-18-2008
Separation of certain
designated materials and
recyclables; construction,
renovation and demolition
debris recovery plan and
land use amendments
Chs. 129, Arts. II
and III, and 143
2008-4
3-18-2008
Water amendment
Ch. 234
2008-5
5-20-2008
Vehicles and traffic
amendment
Ch. 225
2008-6
5-20-2008
Loitering repealer
Ch. 155, reference
only
DL:3
INDEX
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Evidence Detected
"...§ 93-10. Rabies inoculation. [Added 5-8-1990 by Ord. No. 1990-11] A. Inoculation required. No person shall own, possess, harbor or keep any cat within the boundaries of the Borough over six months of age, unless the cat has been inoculated against rabies. However, any cat may be exempt from the inoculation requir..."
performance bond
Evidence Detected
"...abor, services, supplies, equipment and materials to which the municipality may be a party. (2) Be the depository for and have custody of all performance bonds running to the Borough as obligee, or any other form of security given by any contractor, subdivision developer or other persons on account of wor..."
liquidated damages
Evidence Detected
"...rmit fee for processing the application on an expedited basis shall be $500 B. Daily filming fee payable in addition to the basic filming permit: $250 per day. C. Daily filming fee payable for major motion picture: $500 per day. D. Filming permit for nonprofit applicants filming for educational purpo..."
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