Town of Newton, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Newton 6-8-1970 as Sec. 11-1 of the Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 70.
Fire prevention — See Ch. 115.
Flood damage prevention — See Ch. 120.
Land subdivision — See Ch. 162.
Land use procedures — See Ch. 166.
Property maintenance — See Ch. 213.
Site plan review — See Ch. 240.
Stormwater control — See Ch. 258.

§ 85-1 Code established.

The State Uniform Construction Code, building subcode, is hereby adopted pursuant to N.J.S.A. 52:27D-119 and N.J.A.C. 5:23. The code is hereby adopted and incorporated as fully as if set forth at length herein. The provisions shall be controlling in the construction, alteration, renovation, rehabilitation, maintenance, occupancy, and use of all buildings and structures therein contained within the corporate limits of the Town.

§ 85-2 Enforcing agency.

A. 
There is hereby established in the Town a State Uniform Construction Code enforcing agency to be known as the "Department of Code Enforcement," consisting of a Construction Official, a building subcode official, building and housing inspector, a plumbing subcode official, an electrical subcode official, a fire protection subcode official, a mechanical inspector, 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. All positions required or necessary to insure the proper enforcement of the State Uniform Construction Code shall be appointed by the Town Manager in accordance with New Jersey State Civil Service rules and regulations. The Construction Official or other subcode officials, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In the event the Town of Newton enters into an interlocal agreement for services of one or more of said officials and/or inspectors, said services may be provided by another municipality, county or state agency as set forth in such interlocal agreement.
[Added 5-23-2011 by Ord. No. 2011-9]

§ 85-3 Qualifications.

Each official position created in § 85-2 shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq. 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 N.J.S.A. 52:27D-119 et seq. and N.J.A.C. 5:23 to hold each such position.

§ 85-4 Business hours.

The public shall have the right to do business during normal business hours with the enforcing agency at one office location, except for emergencies and unforeseen or unavoidable circumstances.

§ 85-5 Definitions.

A. 
Wherever the world "municipality" is used in the code, it shall mean the Town of Newton.
B. 
Wherever the term "corporation counsel" is used in the code, it shall mean the attorney of the Town of Newton.
C. 
Wherever the term "Board of Appeals" is used in connection with the construction code enforcing agency, it shall mean the Sussex County Board of Appeals created pursuant to the State Uniform Construction Code Act which shall be used for purposes of appeals from decisions of the Town enforcement agency.

§ 85-6 Fire limits established.

The fire limits of the Town are hereby established as follows:
Commencing at a point in the center of Clinton Street opposite the intersection of Emmons Avenue, which point is in the southeasterly boundary line as extended of Lot 33 in Block 405 on the Tax Map of the Town of Newton and running thence the following courses and distances:
a.
In a southwesterly direction along the southeasterly boundary line of Lot 33 in Block 405 as shown on the Tax Map of the Town to the most southwesterly corner of the lot; thence
b.
In a generally southwesterly direction from said point to the most southeasterly corner of Lot 12 in Block 405 as shown on the Tax Map of the Town, which point is also the northeasterly corner of Lot 11 in Block 405; thence
c.
In a southwesterly direction along the boundary line between Lots 11 and 12 in Block 405, and as the line would be if extended across Mill Street, to a point which is the southeasterly corner of Lot 29 and the most northeasterly corner of Lot 28 in Block 403 as shown on the Tax Map; thence
d.
Following the boundary line between Lots 28 and 29 in Block 403 as above mentioned, to the rear of the lots, a distance of 318 feet, more or less; thence
e.
From a point formed by the intersection of the northwesterly corner of Lot 28 in Block 403 and the most northeasterly corner of Lot 7 in Block 403 as above mentioned, southwesterly along the northwesterly corner of Lot 3 in Block 403 as shown on the Tax Map; thence
f.
In a southeasterly direction along the southeasterly boundary line of Lot 3 in Block 403 to a point in the center of High Street, a distance of 570 feet, more or less; thence
g.
Along the center line of Church Street in a southeasterly direction to the point of intersection between the center lines of Church Street and Main Street; thence
h.
In a southeasterly direction to the northwesterly corner of Lot 8 in Block 711 as shown on the Tax Map of the Town; thence
i.
In a southeasterly direction along the southwesterly boundary line of Lot 8 in Block 711, the distance thereof; thence
j.
Along the southeasterly boundary lines of Lots 8 and 9 in Block 711 to the point of intersection by the southwesterly line of Lot 10 in Block 711; thence
k.
Along the southwesterly boundary lines of Lots 10 and 24 in Block 711 and as the same are projected through Lots 35 and 36 in Block 711, and continuing on the southwesterly boundary line of Lots 37, 38 and 39 to a point in the center of Jefferson Street; thence
l.
Along the southwesterly boundary lines of Lots 15, 14 and 11 in Block 712 to a point in the center of Madison Street; thence
m.
From the point in the center of Madison Street along Madison Street in a northeasterly direction to a point formed by the intersection of the center lines of Madison Street and Cedar Street; thence
n.
Along the center line of Cedar Street to a point formed by the northwesterly boundary line of Lot 6 in Block 1111, as extended, with the center line of the street; thence
o.
Along the northwesterly boundary lines of Lots 6, 5, 4 and 3 in Block 1111 to the northwesterly corner of Lot 3 in the Block; thence
p.
Southeasterly along the southwesterly boundary line of Lot 3 in Block 1111 to the point of intersection with the northwesterly boundary line of Lot 2 in Block 1111; thence
q.
Southwesterly along the northwesterly boundary line of Lot 2 in Block 1111 to the northwesterly corner of the lot; thence
r.
Southeasterly along the southwesterly boundary line of Lot 2 in Block 1111 to a point in the center line of Halsted Street; thence
s.
Along the center line of Halsted Street to a point formed by the intersection of the center lines of Halsted Street, Sparta Avenue, and Spring Street; thence
t.
In a southerly direction along the center line of Sparta Avenue to a point opposite the boundary line between Lot 9 in Block 1107 and Lot 1 in Block 1301 as shown on the Tax Map; thence
u.
Southeasterly along the southwesterly boundary line of Lot 1 in Block 1301 a distance of 243 feet, more or less; thence
v.
Crossing Lot 1 in Block 1301 in a southeasterly direction to the southwesterly corner of Lot 2 in Block 1301; thence
w.
Along the southwesterly boundary of Lot 2 and the northeasterly boundary of Lot 3 in Block 1301 in a southeasterly direction to a point in the center line of Diller Avenue; thence
x.
Along the center line of Diller Avenue in a northerly direction to a point formed by the intersection of the center lines of Diller Avenue and Spring Street; thence
y.
Southeasterly along the center line of Spring Street to a point formed by the intersection of the center lines of Spring Street and Stuart Street; thence
z.
Northeasterly along the center line of Stuart Street to the point of intersection between the center lines of Stuart Street and Palmer Street; thence
aa.
In a northwesterly direction parallel with Trinity Street to a point in the center line of Kelsey Avenue; thence
bb.
Running easterly along the center line of Kelsey Avenue to the point in the center line of Kelsey Avenue; thence
cc.
In a northwesterly direction along the center line of Trinity Street to the point of intersection between the center lines of Trinity Street and Moran Street; thence
dd.
In a northeasterly direction along the center line of Moran Street to a point of intersection between the center lines of Moran Street and Hamilton Street; thence
ee.
In a northwesterly direction along the center line of Hamilton Street to the point of intersection between the center lines of Hamilton Street and Water Street; thence
ff.
In a northeasterly direction along the center line of Water Street to the point of intersection between the center lines of Water Street and East Clinton Street; thence
gg.
In a southeasterly direction along the center line of East Clinton Street to the point of intersection of the center lines of East Clinton Street and Moran Street; thence
hh.
Northeasterly along the center line of Moran Street to the point where the southwesterly boundary line of Lot 16A in Block 803 as extended, intersects the center line of Moran Street; thence
ii.
Northwesterly along the southwesterly boundary line of Lots 16A, 28, 29, 30, 31, and 32 in Block 803 to a point in the center line of Water Street; thence
jj.
Southwesterly along the center line of Water Street to the point of intersection of the center lines of Water Street and Clinton Street; thence
kk.
Northwesterly along the center line of Clinton Street to the point or place of beginning.
The Construction Official shall prepare and submit to the Town manager annually, a report reevaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the building subcode official, and the fire subcode official regarding those areas which should be designated as within the limits, with the reasons therefor.

§ 85-7 Fees.

A. 
The fee for a construction permit shall be the sum of all required subcode applications, plus all administrative and miscellaneous fees listed in § 100-16 of Chapter 100, Fees and Costs, of the Code of the Town of Newton. All fees shall be paid before the permits are issued unless otherwise stated.
B. 
No fees shall be charged for construction of any permitted building or structure owned by the Town of Newton or any of the subordinate agencies.

§ 85-8 Violations and penalties.

Rules concerning violations and penalty proceedings are contained within the regulations of the Uniform Construction Code.

§ 85-9 Buildings, structures and properties hereafter occupied.

Upon issuance of a certificate of occupancy under the regulations of this chapter, all buildings and structures are subject to the provisions of Chapter 213, Property Maintenance, Article II, Property Maintenance Code, known as the "Property Maintenance Code." The issuance of certificates of occupancy shall be conditioned upon compliance with Chapter 213, Article II, providing that no provisions of Chapter 213, Article II, conflict, govern or affect the provisions or intent of the Uniform Construction Code.