[HISTORY: Adopted by the Mayor and Council of the Borough of Woodcliff Lake 4-18-1977 by Ord. No. 77-3 (Ch. 95 of the 1985 Code); amended in its entirety 6-20-2011 by Ord. No. 11-07. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 114.
Numbering of buildings — See Ch. 120.
Certificates, permits and licenses — See Ch. 131.
Fees — See Ch. 163.
Fences — See Ch. 168.
Fire prevention — See Ch. 178.
Flood hazard areas — See Ch. 188.
Streets and sidewalks — See Ch. 326.
Subdivision of land — See Ch. 332.
Zoning — See Ch. 380.
Housing standards — See Ch. 410.
This chapter shall be known and may be cited and referred to as the "Woodcliff Lake Construction Code Enforcing Agency Ordinance."
It is the intent and purpose of this chapter to implement the Act[1] by providing for the administration and enforcement thereof within the Borough of Woodcliff Lake of a municipal enforcing agency and a municipal construction board of appeals and to establish a fee schedule and fire limits in the Borough of Woodcliff Lake.
[1]
Editor's Note: "The Act" refers to the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq.
A. 
General terms. For the purpose of this chapter, unless the context clearly requires a different meaning, the following general terms shall be construed as follows:
(1) 
"Shall" has a mandatory connotation and "may" has a permissive connotation.
(2) 
A term in the singular number includes the plural, and vice versa.
(3) 
A term in the present, past or future tense includes either or both of the other two tenses.
(4) 
"Use," as a verb, includes the phrase "or designed, intended or arranged to be used."
(5) 
"Use," as a noun, includes the actual or intended occupancy or other employment of land or of a structure.
(6) 
"Person" includes individual, firm, joint venture, association, partnership syndicate, limited partnership, corporation, trust and any other form of business organization.
B. 
Specific terms. The definitions set forth in the Act and in the regulations[1] are hereby incorporated herein by this reference thereto.
[1]
Editor's Note: "The Act" refers to the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq.
C. 
Other references. Whenever, in the administration and enforcement of this chapter, it shall be necessary or desirable to define a term that has not hereinbefore been defined, reference shall be made to the definition, if any, of such term in:
(1) 
The Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
(2) 
The Code of the Borough of Woodcliff Lake.
(3) 
Chapter 27 of Title 40 of the Revised Statutes of the State of New Jersey, entitled "County Planning."
(4) 
Chapter 16A of Title 58 of the Revised Statutes of New Jersey, entitled "Flood Control," and the regulations issued pursuant thereto.
(5) 
The State of New Jersey Revised Statutes, cumulative supplement, and New Jersey statutes.
A. 
Establishment. There is hereby established in the Borough of Woodcliff Lake a State Uniform Construction Code enforcing agency to be known as the "Woodcliff Lake Construction Code Enforcing Agency," hereinafter referred to as the "Agency."
B. 
The Agency shall consist of a Construction Code Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs shall hereafter adopt as part of the code; provided, however, that in lieu of any subcode official hereinbefore designated, the Borough may, pursuant to the applicable sections of the Act and the regulations, provide for inspections by approved inspection authorities referred to in the regulations as on-site inspection agencies. There may also be appointed such assistants and staff as the Borough Council may hereafter, by resolution, determine to be necessary for the efficient and comprehensive administration of the code.
C. 
Qualifications. All persons appointed to any of the positions described in Subsection B shall have the qualifications required by the Act and by the regulations for such positions.
D. 
All on-site inspection agencies shall have been duly approved in accordance with the requirements of the Act and of the regulations.
E. 
Term of office. The term of office of the Construction Code Official and of all subcode officials shall be four years. Vacancies that occur prior to the expiration of any term shall be filled for the unexpired term only.
F. 
Organization.
(1) 
The Construction Code Official shall be the chief administrator of the Agency.
(2) 
All subcode officials, assistants and staff serving the Agency shall be subject to the procedures and policies of the Agency and shall be primarily responsible to the Construction Code Official for the performance of their duties in the administration of the code.
(3) 
The Construction Code Official shall be responsible for so organizing the operations of the Agency that the plan review of each properly filed and completed application by all subcode officials shall be undertaken, completed and acted upon in the manner and within the applicable time limitations prescribed by the Act and by the regulations.
(4) 
Subcode officials with dual licenses shall cover for other subcodes that are incapacitated and/or on vacation.
G. 
Except in case of emergency or unforeseen or unavoidable circumstances, all transactions between the Agency and the public shall occur at the central permit office of the Agency of the Borough Hall, 188 Pascack Road, Woodcliff Lake, New Jersey.
H. 
Administrative procedures. The administration and enforcement procedures of the Agency shall be conducted in conformity with the directives of the Act and of the regulations.
I. 
In addition to furnishing in the application filed with the Agency the information and exhibits required by the Agency, the applicant shall also file, as a condition precedent to the processing of any application, an application for a zoning permit as defined by the Municipal Land Use Law. No application shall be processed by the Agency if the subject matter of the application fails to qualify for a zoning permit.
A. 
Establishment. There is hereby established in the Borough of Woodcliff Lake a Construction Board of Appeals consisting of five persons appointed to hear and decide appeals from actions of the Agency. All Board members shall serve without compensation.
B. 
There may also be appointed or assigned to the Board such staff as the Borough Council may, by resolution, determine to be necessary for the efficient conduct of the Board's business.
C. 
Qualifications. At least one Board member shall be a registered architect or licensed professional engineer having building construction experience, and at least one Board member shall have the qualifications of a Plumbing Subcode Official, and one shall have the qualifications of an Electrical Subcode Official. No more than two Board members shall be selected from the same business or profession. Each Board member shall have had at least three years' experience in construction, design or supervision as a licensed engineer or registered architect; or, in the alternative, five years' experience in construction, design or supervision as an architect or engineer with a bachelor's degree in architecture or engineering, respectively, from an accredited institution of higher education; or, as a further alternative, 10 years' experience in construction, design or supervision as a journeyman in a construction trade or as a construction contractor, subcontractor or inspector.
D. 
Term of office. The term of office of members of the Board of Appeals shall be four years; provided, however, that of the members first appointed after the adoption of this chapter, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and two for terms of four years. At the expiration of such terms and thereafter, appointments shall be made for terms of four years. Vacancies that occur prior to the expiration of any term shall be filled for the unexpired term only.
E. 
Organization.
(1) 
The Mayor shall designate one of the members so appointed as Chairman.
(2) 
The Construction Code Official shall designate a Clerk of the Agency to serve as Secretary to the Board and to maintain its records.
F. 
Administrative procedures.
(1) 
The proceedings of the Board shall be conducted in conformity with the directives of the Act and of the regulations.
(2) 
A stenographic or electronic record of the proceedings of the Board shall be made in every appeal.
A. 
General standards.
(1) 
The fee for plan review, where applicable, is computed as a percentage of the fee for a construction permit and shall be paid at the time of submission of an application for a permit. Plan review fees are not refundable and shall be as set forth in Chapter 163, Fees.
(2) 
The fee for a construction permit shall be the sum of all subcode fees (building, elevator, electrical, plumbing, fire protection) listed herein and shall be paid before a permit is issued.
(3) 
The fee to be charged for a certificate of occupancy shall be paid before a certificate is issued. This fee shall be in addition to the construction permit fee.
(4) 
The fee to be charged for an annual construction permit, where applicable, shall be based in accordance with law. Annual permits may be issued for building/fire protection, electrical and plumbing permits. Annual permit fees shall be nonrefundable. Prior to the issuance of an annual permit, where applicable, a training registration fee, as set forth in Chapter 163, Fees, shall be submitted by the applicant to the Borough Construction Official, who shall forward the fee to the applicable State Department of Community Affairs (DCA) official.
(5) 
The Mayor and Council may, by resolution, waive any of the fees in this § 140-6 set forth for the benefit of a governmental or quasi-governmental entity or agency. All change of contractor applications shall have a fee for each subcode as set forth in Chapter 163, Fees. There shall be no DCA fee for change of contractor application.
B. 
The following subcode fees shall be as set forth in Chapter 163, Fees:
(1) 
Building subcode.
(2) 
Elevator subcode.
(3) 
Electrical subcode.
(4) 
Plumbing subcode.
(5) 
Fire protection subcode.
The Construction Code Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and Council, biannually, a report recommending a fee schedule based upon the operating expenses of the Agency and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
A. 
Establishment. The existing fire limits established in Chapter 178, Fire Prevention, of the Code of the Borough of Woodcliff Lake, Bergen County, New Jersey, are hereby established as the fire limits hereunder pursuant to the provisions of Article 37 of the regulations.
B. 
Review. The Construction Code Official shall prepare and submit to the Borough Council, biannually, a report reevaluating the delineation of the fire limits. The report shall indicate the adequacy and extent of said fire limit delineations and shall include the recommendations, if any, of said Official for the revision of the fire limits, together with the reasons for such recommendations.
A. 
No variations from the requirements of any subcode shall be permitted unless there shall have been made the following findings:
(1) 
That strict compliance with any specific subcode provision, if required, would result in practical difficulty to the applicant.
(2) 
That the variation, if granted, will not jeopardize the health, safety and welfare of intended occupants and the public generally.
B. 
An application for a variation pursuant to this section shall be filed, in writing, with the Construction Official and shall set forth specifically:
(1) 
A statement of the requirements of the subcode from which a variation is sought.
(2) 
A statement of the manner by which strict compliance with said provisions would result in practical difficulties.
(3) 
A statement of the nature and extent of such practical difficulties.
(4) 
A statement of feasible alternatives to the requirements of the subcode which would adequately protect the health, safety and welfare of the occupants or intended occupants and the public generally.
C. 
Review. Within 20 business days next succeeding the receipt by the Construction Code Official of the application, it shall be denied or granted by written order stating the reasons therefor. The application shall be deemed denied for purposes of appeal if no decision is forthcoming within such twenty-day period. Records of all applications for variation and actions taken thereon shall be available for public inspection at the Enforcing Agency during normal business hours.
D. 
Final decision. The appropriate subcode official shall make the final determination with respect to matters within his jurisdiction. The Construction Code Official shall notify the applicant of that determination. Whenever an application for a variation shall result in contradictory or inconsistent determinations by different subcode official's determination shall be final and shall notify the applicant of that ruling. Whenever the Construction Code Official shall be certified in a particular subcode, he may modify the determination of the subcode official.
A. 
Minimum standards. All standards and restrictions set forth in this chapter shall be interpreted and applied as minimum requirements. Nothing herein contained shall be construed to prohibit or prevent the use of higher or more restrictive standards or requirements that may appear in any other lawfully applicable statutes, ordinances, regulations, rules, deed restrictions or covenants.
B. 
Zoning Ordinance. Whenever the clear context of this chapter does not require a contrary interpretation, this chapter shall be read in pari materia with the Woodcliff Lake Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 380, Zoning.