Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Totowa, NJ
Passaic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Totowa as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 186.
Flood damage prevention — See Ch. 189.
Storm sewers — See Ch. 349.
Streets and sidewalks — See Ch. 361.
Water — See Ch. 407.
Zoning and land use — See Ch. 415.
[Adopted 12-28-1976 by Ord. No. 22-76[1] (Ch. 5 of the 1974 Code)]
[1]
Editor's Note: This ordinance took effect 12-31-1976.
There is hereby established in the Borough of Totowa a State Uniform Construction Code enforcing agency to be known as the "Building Department of the Borough of Totowa."
[Amended 9-6-1977 by Ord. No. 18-77]
A. 
Said agency shall consist of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Official, Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code.
B. 
Said agency shall further consist of an Assistant Building Subcode Official.
C. 
The Construction Official shall be the chief administrator of the enforcing agency. All appointments shall be for a term of one year to expire on December 31 of each year or for such longer term as required by applicable statute.
D. 
Each official position created in Subsections A and B hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended,[1] and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
[Added 8-22-1978 by Ord. No. 14-78; amended 3-23-1999 by Ord. No. 4-99][1]
A. 
Definitions.
(1) 
As used in this chapter, the "Building Code of the Borough of Totowa" shall include and mean the code as set forth in the latest edition of the Uniform Construction Code of New Jersey.
(2) 
Whenever the following words, terms or phrases are used in the latest edition of the Uniform Construction Code of New Jersey, they shall have the meanings hereinafter given:
BUILDING OFFICIAL or BUILDING OFFICER
The Construction Official, Building Subcode Officials, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and such other subcode officials of the Borough of Totowa.
CORPORATE COUNSEL
The Borough Attorney of the Borough of Totowa.
MUNICIPALITY
The Borough of Totowa.
B. 
Adoption of the Building Code of the Borough of Totowa. The whole of the latest edition of the Uniform Construction Code of New Jersey, as defined in § 153-3A(1) are incorporated herein by reference as though they had been set forth at length herein, and three copies of said codes have been placed in and are now on file in the respective offices of the Borough Clerk and subcode officials and shall remain in each office for examination by the public as long as said code is utilized by the Borough of Totowa. The latest edition of the Uniform Construction Code of New Jersey are hereby adopted as the Building Code of the Borough of Totowa.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Adopted 3-25-1997 by Ord. No. 3-97[1] (Ch. 56, Art. I, of the 1974 Code)]
[1]
Editor's Note: This ordinance also repealed former Art. I, Building Construction Fees, adopted 6-25-1991 by Ord. No. 7-91.
[Amended 2-8-2006 by Ord. No. 03-2006]
There is hereby established the following fee schedule, adopted pursuant to the State Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.) and the New Jersey Administrative Code (N.J.A.C. 5:23-1.1 et seq.).
The fee for construction permits shall be the sum of the subcode fees listed in §§ 153-6 through 153-8 below and shall be paid before the permit is issued.
[Amended 12-28-2004 by Ord. No. 21-2004; 2-28-2006 by Ord. No. 03-2006; 1-27-2009 by Ord. No. 01-2009; 5-14-2013 by Ord. No. 05-2013; 4-28-2015 by Ord. No. 07-2015; 4-9-2019 by Ord. No. 04-2019]
The building subcode fee shall be as follows:
A. 
New construction. $0.040 per cubic foot of building volume or a minimum fee of $85.
B. 
For additions: $0.045 per cubic foot of building volume or a minimum fee of $85.
C. 
Renovations, alterations and repairs.
(1) 
Residential: $18 per $1,000 of estimated costs or a minimum fee of $85.
(2) 
Commercial: $21 per $1,000 of estimated costs or a minimum fee of $100.
D. 
For a project with combinations of renovations and/or alterations and/or repairs, the fees for permits shall be computed separately.
E. 
Premanufactured structure: $15 per $1,000 of estimated costs or a minimum fee of $100.
F. 
Demolition: The fee for a permit for the demolition of a residential building or part thereof shall be $200. The fee for any other building shall be $15 per $1,000 of the estimated cost.
G. 
Underground storage tank:
(1) 
Residential and/or commercial: $85 per tank.
(2) 
For installation of spill and overfill: $50.
(3) 
For installation of a monitoring system: $350.
(4) 
For installation of a field-installed cathodic protection system: $100.
(5) 
Removal of a tank: $85.
H. 
Signs. The fee for a permit to construct a sign shall be $3 per square foot of surface area of the sign, provided that the minimum fee shall be $85. In the case of double-faced signs, the area of the surface of only one side of the sign shall be used for purposes of the fee computation.
I. 
Fences.
(1) 
Residential. The fee for a permit for a fence shall be a minimum fee of $50 or $10 per $1,000 of estimated cost.
(2) 
Commercial. The fee for a permit for a fence shall be a minimum fee of $100 or $12 per $1,000 of estimated cost.
J. 
Tents. The fee for tents under 900 square feet shall be $200. The fee for tents in excess of 900 square feet shall be $300.
K. 
Roofing. The fee for roofing and siding work completed on a residential structure other than a one- or two-family home shall be $15 per $1,000 or a minimum of $85. For all other structures, the fee shall be $18 per $1,000 of estimated cost.
L. 
Swimming pools. Residential R-5 use, single-family, two-family houses:
(1) 
In-ground pool: $200 minimum or $15 per $1,000 of estimated cost. Engineering escrow deposit of $350. In the event the site plan is not approved and must be resubmitted, the applicant will be charged at the municipal engineer’s hourly rate.
(2) 
All other use groups: $300 or $18 per $1,000 of estimated costs.
(3) 
Aboveground pool: $85.
M. 
Removal. The fee for a permit for the removal of a building or structure from one lot to another or to a new location on the same lot shall be $10 per $1,000 of the sum of the estimated costs for moving, for a new foundation and the placement in a completed condition in the new location, or a minimum fee of $100.
N. 
Plan review.
(1) 
The fee for plan review shall be 20% of the amount to be charged for a construction permit and shall be paid before the plans are reviewed. The amount paid for this fee shall be credited toward the amount of the construction fee to be charged for the permit.
(2) 
The fee for an application for a variance shall be $594 for Class I structures and $120 for Class II and Class III structures in accordance with N.J.A.C. 5:23-2.10. The fee for resubmission of an application for a variance shall be $229 for Class I structures and $65 for Class II and Class III structures.
O. 
Radon ventilation system: $85.
P. 
Retaining walls (not included with site development for new homes):
(1) 
Residential:
(a) 
For a non-UCC application: $50.
(b) 
For walls up to 550 square feet: $100.
(c) 
For walls 551 square feet and over: $200.
(d) 
Engineering escrow for walls four feet and over in height: $350. In the event the plan is not approved and must be resubmitted, the applicant will be charged the municipal engineer’s hourly rate.
(e) 
For all other use groups: $18 per $1,000 cost of construction.
(f) 
Escrow: $500.
Q. 
Sidewalk and driveways.
(1) 
Residential: $50.
(2) 
Commercial: $100.
R. 
Change of contractor: $50.
S. 
Sheds: The fee for a permit for sheds under 200 square feet shall be $50.
T. 
Chicken coops: $50.
U. 
Tree removal: $35.
[Amended 4-8-2003 by Ord. No. 04-2003; 4-26-2005 by Ord. No. 15-2005; 2-28-2006 by Ord. No. 03-2006]
The plumbing subcode fee shall be as follows:
A. 
Plumbing subcode fees:
[Amended 1-27-2009 by Ord. No. 01-2009; 5-14-2013 by Ord. No. 05-2013; 4-28-2015 by Ord. No. 07-2015; 4-9-2019 by Ord. No. 04-2019]
(1) 
Each new or replacement plumbing fixture: $20.
(2) 
Dishwasher: $20.
(3) 
Garbage disposal: $20.
(4) 
Each main vent through roof: $25.
(5) 
Each additional vent: $20.
(6) 
Sewerage backflow valve below curbline: $75.
(7) 
Altering plumbing, waste, vent or water piping: $25.
(8) 
Hose bibs: $20.
(9) 
Sewer ejector: $75.
(10) 
Hot water heater: $50.
(11) 
Floor drains (each): $20.
(12) 
Roof drains (each): $20.
(13) 
Water softener: $50.
(14) 
Grease trap interceptors: $150.
(15) 
Sand, oil and flammable liquid interceptors: $200.
(16) 
Backflow water preventors for lawn sprinkler systems, new: $50.
(17) 
Backflow water preventors for lawn sprinkler systems, yearly inspection: $35.
(18) 
Water cross-connection control, RPZ: $150.
(19) 
Quarterly inspection for cross-connection: $50.
(20) 
Grease tanks for commercial use: $200.
(21) 
Replace furnace, residential: $50.
(22) 
Pool heaters: $50.
(23) 
Backflow preventors for pools: $15.
(24) 
Gas boiler, commercial: $100.
(25) 
Gas boiler, residential: $85
(26) 
Gas furnace: $85.
(27) 
Gas fireplace: $85.
(28) 
Gas piping: $35 or $15 per appliance.
(29) 
Backflow for boiler: $20.
(30) 
Septic system pump: $75.
(31) 
Condensate drains: $20.
(32) 
Sump pumps: $20.
(33) 
Grease trap interceptors, exterior: $250.
(34) 
Other: $50.
B. 
Gas piping fees for each connection:
(1) 
Kitchen stove: $15.
(2) 
Kitchen oven: $15.
(3) 
Gas clothes dryer: $15.
(4) 
Gas fired boiler: $15.
(5) 
Pool heaters: $15.
(6) 
All other gas-fired equipment: $20.
C. 
Minimum fees: $85.
[Amended 1-27-2009 by Ord. No. 01-2009; 5-14-2013 by Ord. No. 05-2013]
[Amended 4-8-2003 by Ord. No. 04-2003; 2-28-2006 by Ord. No. 03-2006; 1-27-2009 by Ord. No. 01-2009; 5-14-2013 by Ord. No. 05-2013; 4-28-2015 by Ord. No. 07-2015; 4-9-2019 by Ord. No. 04-2019]
A. 
Electrical fixtures and devices:
(1) 
From one to 25 receptacles, fixtures or switches: $25.
(2) 
Increments of 12 additional items: $25.
(3) 
For the purpose of computing this fee, the term "receptacles, fixtures or switches" shall include:
(a) 
Lighting outlets.
(b) 
Heat detectors.
(c) 
Pool bonding.
(d) 
Thermostats.
(e) 
CRT outlets.
(f) 
Burglar alarms.
(g) 
Smoke detectors.
(h) 
Fluorescent devices.
(i) 
Intercom devices.
(j) 
Telephone outlets.
(k) 
Light standards.
B. 
Motors:
(1) 
Greater than one hp or less than or equal to 10 hp: $85.
(2) 
Greater than 10 hp or less than or equal to 50 hp: $125.
(3) 
Greater than 50 hp or less than or equal to 100 hp: $200.
(4) 
Greater than 100 hp: $500.
(5) 
Greater than 250 hp: $1,000.
C. 
Electrical devices (include transformers and generators).
(1) 
Greater than one KW or less than or equal to 10 KW: $50.
(2) 
Greater than 10 KW or less than or equal to 45 KW: $120.
(3) 
Greater than 45 KW or less than or equal to 112.5 KW: $200.
(4) 
Greater than 112.5 KW: $500.
(5) 
Greater than 225 KW: $1,000.
(6) 
Greater than 450 KW: $2,500.
(7) 
Solar panel, per 5 KW: $50.
(8) 
For the purpose of computing this fee, typical electric device sizes are listed below: (Source 1990 N.E.C.)
(a) 
Electrical dryer: 5.0 KW.
(b) 
Hot water heater: 4.5 KW.
(c) 
Electrical range: 8.0 KW.
(d) 
Central air: 10.8 KW.
(e) 
Electrical oven: 5.7 KW.
(f) 
Central heat (electric): 5.0 KW.
(g) 
Surface units: 5.1 KW.
(h) 
Dishwasher: 1.2 KW.
(i) 
Electric BB heat greater than four-foot length: 1.3 KW.
NOTE: Actual nameplate KW rating must be noted on application to assure no delay in permit issuance.
D. 
Service equipment: term includes service panel, service entrance sub:
(1) 
Greater than 0 amp, less than or equal to 100 amp: $100.
(2) 
Greater than 100 amp, less than or equal to 200 amp: $150.
(3) 
Greater than 200 amp, less than or equal to 500 amp: $250.
(4) 
Greater than 500 amp, less than or equal to 1,000 amp: $500.
(5) 
Greater than 1,000 amp, less than or equal to 1,500 amp: $1,000.
(6) 
Over 1,500 amp: $2,500.
(7) 
Temporary pole service: $100.
(8) 
Reconnect (minimum fee): $50.
(9) 
Swimming pools: $85.
(10) 
Commercial pools, annual inspection: $100.
(11) 
Commercial generator, annual inspection: $100.
(12) 
Replacement of furnace: $50.
(13) 
Minimum fees: $85.
(14) 
Temporary pole service, commercial: $500.
The elevator subcode fees shall be in accordance with the Uniform Construction Code, N.J.A.C. 5:23-12.6 et seq., Test and Inspection Fees.
A. 
The lead hazard subcode fees shall be in accordance with the Uniform Construction Code, N.J.A.C. 5:23-4.20.
B. 
The fee for a permit for lead hazard abatement work shall be $140. The fee for a lead abatement clearance certificate shall be $28.
The asbestos subcode fees shall be in accordance with the Uniform Construction Code, N.J.A.C. 5:23-8.1 et seq., Asbestos Hazard Abatement Subcode, and N.J.A.C. 5:23-8.9 et seq., Fees.
[Amended 4-8-2003 by Ord. No. 04-2003; 1-27-2009 by Ord. No. 01-2009; 5-14-2013 by Ord. No. 05-2013; 4-9-2019 by Ord. No. 04-2019]
A. 
The fee for one to 12 detection devices shall be $100; for every 12 detectors in addition to this, the fee shall be $25.
B. 
Supervisory devices: The fee for one to 12 shall be $100. For every 12 in addition to this, the fee shall be $25.
C. 
Signaling devices: The fee for one to 12 shall be $100. For every 12 in addition to this, the fee shall be $25.
D. 
The fees for automatic sprinkler systems shall be as follows:
Number of Sprinklers
Fee
1 to 20
$100
21 to 50
$150
51 to 100
$250
101 to 200
$500
201 to 400
$750
401 to 1,000
$1,000
Over 1,000
$1,250
Each 25 over 1,000
$25 per
E. 
The fee for each stand pipe shall be: $250.
F. 
Fire pump: $250.
G. 
GPM type: $250.
H. 
Number of dry pipe/alarm valves: $250.
I. 
Number of pre-action valves: $250.
J. 
The fee for each halon recovery system: $200.
K. 
The fee for each independent preengineered system: $250.
L. 
Fuel-fired appliances: $200.
M. 
Fireplace venting/metal chimney: $85.
N. 
Storage tanks.
(1) 
Underground or aboveground storage tanks: $85.
(2) 
For installation of spill and overflow: $50.
(3) 
For installation of monitoring system: $350.
(4) 
For installation of a field installed cathodic protection system: $100.
O. 
The fee for an incinerator shall be: $1,200.
P. 
The fee for a crematorium shall be: $1,200.
Q. 
All other devices: $200.
R. 
Kitchen hood exhaust system: $200.
S. 
Smoke control system: $200.
T. 
Minimum fee: $85.
[Amended 4-8-2003 by Ord. No. 04-2003; 1-27-2009 by Ord. No. 01-2009]
The fees for automatic sprinkler systems shall be as follows:
A. 
Fee per sprinkler.
[Amended 5-14-2013 by Ord. No. 05-2013]
Number of Sprinklers
Fee
1 to 20
$100
21 to 50
$150
51 to 100
$250
101 to 200
$500
201 to 400
$750
401 to 1,000
$1,000
Over 1,000
$1,250
B. 
Standpipes, each: $250.
C. 
Fire pumps, each: $250.
[Amended 5-14-2013 by Ord. No. 05-2013; 4-9-2019 by Ord. No. 04-2019]
A. 
The fee for a one-family dwelling shall be $100.
B. 
The fee for a two-family dwelling shall be $200.
C. 
The fee for a certificate of occupancy shall be $50 for buildings up to 5,000 square feet. The fee for buildings over 5,000 square feet shall be $100.
D. 
The fee for a certificate of occupancy granted pursuant to a change of use group shall be $120.
E. 
The fee for a certificate of continued occupancy issued under N.J.A.C. 5:23-2.23(c) shall be $120.
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Municipal Council, biannually, a report recommending a fee schedule based on the operating expenses of the Building Department and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
Pursuant to the provisions of the Uniform Construction Code, N.J.A.C. 5:23-4.19, State of New Jersey Training Fees, the Borough shall do the following:
A. 
In order to provide for the training and certification and technical support programs required by the Act, an enforcing agency, including the Department when acting as the local agency, shall collect a surcharge fee to be based upon the volume of new construction within the municipality. Said fee shall be accounted for and forwarded to the Bureau of Regulatory Affairs in the manner herein provided.
B. 
Amount. The fee shall be in the amount of $0.0019 per cubic foot volume of new buildings and additions. The fee for all other construction, except preengineered systems of commercial farm building, shall be $0.96 per $1,000 of value of construction.
[Amended 4-8-2003 by Ord. No. 04-2003]
C. 
Remitting and reporting. The municipality shall remit fees to the Bureau on a quarterly basis, in conjunction with report Number R-840B, State Training Fee Report, in accordance with N.J.A.C. 5:23-4.5(e). Fees remitted shall be for the quarter. Checks shall be made payable to Treasurer, State of New Jersey.