Township of Pemberton, NJ Chapter 86 Construction Codes, Uniform

[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Pemberton 6-29-1977 by Ord. No. 8-1977. Amendments noted where applicable.]

§ 86-1 Enforcing agency established.

[Amended 4-5-2023 by Ord. No. 10-2023]

There is hereby established in the Township of Pemberton a State Uniform Construction Code Enforcing Agency to be known as the "Division of Construction Code Enforcement" within the Department of Community Development as indicated in § 3-25B. The Division shall be staffed by a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency and shall perform the functions of subcode officials, if licensed, until said officials are appointed as provided for herein. The Construction Official may also act as the subcode official for subcode licenses held by him or her. The Construction Official is also charged with the responsibility for the administration and enforcement of all rules and regulations and codes not adopted by the Commissioner of the Department of Community Affairs, State of New Jersey, as part of the State Uniform Construction Code, but which are adopted by the Township Council, by ordinance, or which apply to the Township by law, whether or not adopted by the Township Council.

§ 86-2 Administration and enforcement of subcodes.

[Amended 8-17-1984 by Ord. No. 14-1984; 4-5-2023 by Ord. No. 10-2023]

The Construction Official and such other persons as may be designated by the Business Administrator as the enforcing agent(s) shall administer and enforce the subcodes adopted by the Commissioner of New Jersey State Department of Community Affairs and any other laws or ordinance provisions committed and entrusted to the Division of Construction Code Enforcement or its officials. As provided by law and administrative regulations of the New Jersey Department of Community Affairs, the Uniform Construction Code, which includes the subcodes adopted by the Department, shall govern the construction of buildings and the issuance of permits with respect thereto.

§ 86-3 Qualifications of officials; office location.

Each official position in § 86-1 shall be filled by a person qualified for such position pursuant to Public Law 1975, Chapter 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 Public Law 1975, Chapter 217, and N.J.A.C. 5:23 to hold each such position. The public shall have the right to do business with the Department of Inspections at one office location, except for emergencies and unforeseen or unavoidable circumstances.

[1] Editor's Note: See N.J.S.A. 52:27D-119 et seq.

§ 86-4 (Reserved) [1]

[1] Editor's Note: Former § 86-4, Code Enforcement Officer, was repealed 4-5-2023 by Ord. No. 10-2023.

§ 86-5 Fees for construction permits; waiver.

[Last amended 4-5-2023 by Ord. No. 10-2023]

A. General information.

(1) The New Jersey Uniform Construction Code (UCC) is referenced and cited in this section as NJAC 5:23.

(2) The following use groups referenced in this fee schedule are taken from the International Building Code (NJ version) Chapter 3:

A - Assembly (Theaters, restaurants, courtrooms, museums, arenas, stadiums, etc.)

B - Business (Banks, office buildings, medical offices, salons, car wash, vehicle showrooms, etc.)

E - Educational (Schools, daycare centers for children)

F - Factory (F-1 Moderate hazard and F-2 Low hazard)

H - High Hazard (Facilities that have quantities of materials that constitute an elevated risk of contamination, poison, flammability, or explosion)

I - Institutional (Alcohol and drug treatment centers, nursing homes, hospitals, correctional facilities, etc.)

M - Mercantile (Supermarkets, retail stores, gas stations, drug stores, etc.)

R - Residential (R-1: Hotels/Motels; R-2: Apartment buildings, dormitories;

R-3: Boarding houses/group homes/rooming houses with fewer than five people; R-4: Boarding houses/group homes/halfway houses/board and care facilities that don't qualify as an I use; R-5: Single-family houses)

S - Storage (Warehouses, storage buildings, etc.)

U - Utility/Miscellaneous (Agricultural buildings, barns, carports, livestock shelter, tanks, towers, etc.)

(3) The fee for Construction plan review shall be 20% of the amount to be charged for a construction permit.

(4) The basic construction permit fee shall be the sum of the parts computed on the basis of the volume or cost of construction, the number of plumbing fixtures and pieces of equipment, the number of electrical fixtures and rating of electrical devices, the number of sprinklers, standpipes and detectors (smoke and heat) at the unit rates and/or the applicable flat fees as provided herein, plus any special fees.

B. Building fees.

(1) New construction and additions.

(a) Fees shall be based upon the volume of the structure.

[1] Volume is computed in accordance with NJAC 5:23-2.28.

[2] Use groups shall be classified and defined in Chapter 3 of the International Building Code as adopted by NJAC 5:23-3. Class of building shall be determined by NJAC 5:23-4.3A(d).

(b) All use groups except as listed below shall be in the amount of $0.038 per cubic foot.

(c) Use groups A-1, A-2, A-3, A-4, A-5, F-1, F-2, S-1, and S-2 shall be in the amount of $0.032 per cubic foot.

[1] Single story S-1, S-2, F-1, and F-2 building height shall be limited to 20 feet for the purpose of calculating volume.

(d) Farm structures including commercial farm buildings under NJAC 5:23-3.2(d) shall be calculated at $0.020 per cubic foot with a minimum fee of $65 and a maximum fee of $1,602.

(2) Reconstruction, alteration, renovation, and repair.

(a) This category shall also include site construction associated with preengineered systems of commercial farm buildings, premanufactured construction and the external utility connection for premanufactured construction.

(b) Fees shall be based upon the estimated cost of work.

[1] Estimated cost of work shall be computed per NJAC 5:23-2.15(a)4 and NJAC 5:23-4.20(c)2i3.

[2] Where any material or labor proposed for installation in the building or structure is furnished or provided at no cost, its normal or usual cost shall be included in the estimated cost.

[3] If requested by the Construction Official, for the purpose of determining estimated cost, the applicant shall submit to the Construction Official such cost data as may be available produced by the architect or engineer of record, or by a recognized estimating firm, or by the contractor. A bona fide contractors bid, if available, may also be submitted.

[4] The Construction Official shall make the final decision regarding the acceptability of a cost estimate.

(c) For use groups R-3 and R-5 (Single-family dwellings), the fee shall be $36 per $1,000 for the first $50,000 cost of the project. The fee shall be $27 per $1,000 for costs $50,001 to $100,000 of cost and $22 per $1,000 for costs over $100,000.

(d) For all other use groups, the fee shall be $37 per $1,000 for the first $50,000 cost of the project. The fee shall be $30 per $1,000 for costs $50,001 to $100,000 of cost and $25 per $1,000 for costs over $100,000.

(3) Fees for projects that involve a combination of addition and renovation, costs shall be broken down by work performed in the existing structure and separate costs associated solely with the addition. Fees will then be calculated by § 86-5B(1) and (2) respectively then added together to determine the final fee amount.

(4) For plan updates that do not add volume to an addition or new construction or additional costs to a renovation of an existing structure after the permit has been released will incur an additional fee of $64 per hour for review and administration costs.

(5) Fees for tents that are greater than 16,800 square feet or more than 140 feet in any dimension shall be $150.

(6) Roofing and siding for all structures except R-3 and R-5 shall be calculated per § 86-5B(2)(b).

(a) Roofing and siding for R-3 and R-5 detached single-family structures do not require a permit per NJAC 5:23-2.7.

(7) Swimming pools.

(a) Above ground pools for groups R-3 and R-5 smaller than 550 square feet shall be $70.

(b) Above ground pools for groups R-3 and R-5 larger than 550 square feet shall be $140.

(c) Above ground pools for all other groups regardless of size shall be $350.

(d) In-ground pools for groups R-3 and R-5 shall be $210.

(e) In-ground pools for all other groups shall be calculated per § 86-5B(2).

(8) Fences used as pool barriers.

(a) For groups R-3 and R-5 the fee shall be $75.

(b) All other groups shall be calculated per § 86-5B(2).

(9) Retaining walls.

(a) For groups R-3 and R-5, retaining walls with a surface area under 550 square feet, the fee shall be $106 and for surface areas that are greater than 550 square feet, the fee shall be $210.

(b) All other groups, retaining wall permit fee shall be calculated per § 86-5B(2).

(10) Temporary trailer fee shall be $55.

(11) Radon mitigation system fee shall be $65.

(12) The fee for lead abatement requiring a UCC permit shall be $196. The fee for a lead abatement certificate shall be $39.

(13) The fee for asbestos abatement requiring a UCC permit shall be $70. The fee for an asbestos clearance certificate shall be $39.

(14) Storage buildings and similar nonoccupiable structures such as gazebos, carports, pavilions, trellises, etc. shall be $100 for structures 200 to 599 square feet. Structures 600 square feet or larger shall be calculated per § 86-5B(1)(b).

(15) Premanufactured solid fuel (wood) stoves, fireplaces, heaters, etc. shall be $75.

(16) Chimney liner dedicated for solid fuel burning appliance or equipment shall be $50.

(17) Decks (exterior) for all groups shall be calculated per § 86-5B(2)(b).

(18) Signs.

(a) Sign fees shall be based upon the overall square footage of one side only. The minimum fee shall be $65.

(b) Pylon signs.

[1] First 100 square feet shall be $4 per square foot.

[2] The next 400 square feet shall be $3 per square foot.

[3] Four hundred one and greater shall be $2 per square foot.

(c) Ground and wall signs.

[1] First 100 square feet shall be $4 per square foot.

[2] The next 400 square feet shall be $3 per square foot.

[3] Four hundred one and greater shall be $2 per square foot.

(19) Demolition of structures [as per NJAC 5:23-4.3A(d)].

(a) Use group R-3 and R-5 (Single-family dwelling) shall be $100.

(b) All other use groups of Class II and Class III structures shall be $200.

(c) All use groups of Class I structures shall be $300.

(20) Light standard, light pole, lamppost, flagpole, or similar structure which requires a footing.

(a) Up to eight feet in height shall be $25.

(b) Over eight feet in height shall be $40.

(21) Photovoltaic (solar energy) systems shall be $250 for R-3 and R-5 and all other use groups shall be calculated per § 86-5B(2)(b).

(22) The minimum fee for any Building Subcode permit shall be $65.

C. Plumbing fees.

(1) Plumbing fixtures and devices.

(a) All fixtures, appliances, equipment, and devices such as but not limited to water closets, urinals, bidets, bath tubs, showers, lavatory, floor drain, floor sink, standpipe, sink, dishwasher, drinking fountain, washing machine, hose bibb, condensate drain, air admittance device, area drain, vent/drainage stack, indirect waste trap, food waste disposer, roof drain, water filtration, roof hydrant, etc.

[1] For use groups R-3 and R-5, the fee shall be $20 per device.

[2] For all other use groups, the fee shall be $28 per device.

(2) Backflow preventers (testable).

(a) Use groups R-3 and R-5 shall be $50.

(b) All other use groups shall be $90.

(c) Certificate of compliance for testable backflow preventers shall be $65. This does not apply to use groups R-3 and R-5.

(3) Other special devices not included in § 86-5(C)(1).

(a) Devices such as grease traps, oil separators, utility service connections, steam and hot water boilers, water heaters (except R-3 and R-5), active solar systems, interceptors, pool drains, and pool heaters.

[1] Use groups R-3 and R-5 shall be $95 per device/connection.

[2] All other use groups shall be $100 per device/connection.

(4) Liquid propane tank installation fee shall be $50 for R-3 and R-5 uses and $150 all other uses.

(5) Combination domestic and fire water service for all uses except R-3 and R-5 shall be $100.

(6) Chimney liners served by all types of fuel except solid fuels shall be $50.

(7) Pumps.

(a) Sump pump or individual fixture pump shall be per § 86-5C(1).

(b) Sewage pump, ejector/grinder/booster pump shall be $85.

(8) Equipment installed in R-3 and R-5 for new construction and additions.

(a) Water heaters shall be $65.

(b) Gas piping per device connected shall be $50.

(c) Gas/oil/LPG piping system shall be $65.

(d) Air conditioning or heat pump (condensate disposal) not including devices that are part of § 86-5C(8)(b) shall be $50 per device.

(9) The minimum fee for any Plumbing Subcode permit shall be $65.

D. Mechanical fees.

(1) Mechanical inspector technical applications are applicable for R-3, R-4, and R-5 groups only. These fees are in lieu of plumbing fees for the replacement or installation of mechanical equipment in existing single-family dwellings. No separate fees shall be charged for gas, water, or fuel oil piping connections associated with the mechanical equipment inspected.

(2) Equipment/appliances fees.

(a) Water heater, gas or oil furnace, gas fireplace inserts, generators, pool heaters and air conditioners that are not included with a furnace replacement the fee shall be $65 for the first device and $20 for each additional device on the same application.

(b) For boilers the fee shall be $80.

(c) For chimney liners the fee shall be $50.

(3) The minimum fee for any mechanical permit shall be $65.

E. Electrical fees.

(1) Fixtures or receptacles shall include lighting fixtures/outlets, wall switches, convenience receptacles, low voltage outlets, sensors, dimmers, alarm devices, smoke and heat detectors/alarms, communication outlets, light standards (under eight feet in height), emergency lights, exit signs, electric signs, and similar electric fixtures and devices rated at 20 amps or less including motors and equipment rated less than one one horsepower or kilowatt.

(a) For the first 25 devices, the fee shall be $65.

(b) For each additional 25 devices, the fee shall be $45.

(2) Motors, electrical devices, transformers, generators (each) in horsepower, kilowatt, or kilovolt.

(a) One to nine hp/kw/kv shall be $20.

(b) Ten to 50 hp/kw/kv shall be $100.

(c) Fifty-one to 100 hp/kw/kv shall be $200.

(d) Over 100 hp/kw/kv shall be $640.

(3) Service panels, service equipment, subpanels, switchgear, switchboards, motor control centers, disconnecting means, service entrance or feeder connectors (based upon the designated ampere rating of each overcurrent device).

(a) Up to 150 amps shall be $100.

(b) One hundred fifty and one-tenth to 300 amps shall be $175.

(c) Three hundred and one-tenth to 1,000 amps shall be $300.

(d) Over 1,000 amps shall be $700.

(4) Miscellaneous devices.

(a) Replacement of wiring involving one branch circuit or part shall be $20.

(b) Security/fire/alarm system control unit for use groups R-3 and R-5 shall be $20 and for all other groups $75.

(c) Receptacles rated from 20.1 to 50 amps shall be $20 and over 50 amps shall be $75.

(d) Light standard, light pole, lamppost, flagpole, or similar structure over eight feet in height shall be $25.

(e) Communications closet shall be $100.

(f) Electric sign rated over 20 amps including disconnecting means shall be $75.

(g) For installations consisting of multi-meter stacks, the fee shall be based upon the ampere rating of the main bus and not upon the number of meters or rating of disconnects on the meter stack. Individual load side panel boards shall be charged in accordance with § 86-5E(2) and (3). There shall be no additional fee for the concurrent installation of individual feeder conductors.

(h) Fire pumps shall be calculated per § 86-5E(3) with a minimum fee of $100.

(i) Jockey pumps shall be calculated per § 86-5E(2), with no minimum fee.

(j) For motors or similar devices requiring concurrent installation of individual controls, relays and switches, the fee shall be based only upon the rating of the motor or device. There shall be no additional fee charged for the concurrent installation of individual circuit components, for example, controllers, starters, and disconnecting means.

(k) Photovoltaic/solar energy systems fees shall be based upon the designated kilowatt rating of the system.

[1] One to 50.99 kilowatts the fee shall be $250.

[2] Fifty-one to 100.99 kilowatts the fee shall be $500.

[3] One hundred one to 999.99 kilowatts the fee shall be $750.

[4] 1,000 kilowatts (one megawatt) or more shall be $3,000 per megawatt and fraction thereof.

(l) Pools.

[1] Use group R-3 and R-5 swimming pool, spa, hot tub, or fountain including bonding, associated equipment, such as pumps, motors, disconnecting means, switches, required receptacles, etc. not including heaters, panel boards, or underwater lighting fixtures shall be $100.

[2] Underwater lighting fixtures shall be an additional $35 per fixture.

[3] All other use groups shall be calculated on the basis of the number of electrical fixtures and the rating of electrical equipment per § 86-5E(1), (2) and (3).

[4] Certificate of compliance for public pools, spas, and hot tubs for first pool, spa, or hot tub on a site shall have the following fees: annual pool inspection shall be $85; each additional pool, spa, or hot tub on the same site shall be $55; reinspection fee (if required) shall be $40.

(m) The fee charged for process equipment shall be based on the ampere rating of the overcurrent device protecting the conductor feeding the process equipment or the cutoff device.

(n) The minimum fee for any Electrical Subcode permit shall be $65.

F. Fire protection fees.

(1) Sprinkler heads.

(a) One to 20 heads shall be $100.

(b) Twenty-one to 100 heads shall be $200.

(c) One-hundred one to 200 heads shall be $400.

(d) Two-hundred one to 400 heads shall be $800.

(e) Four-hundred one to 1,000 heads shall be $1,500.

(f) One thousand one to 2,000 heads shall be $2,250.

(g) Over 2,000 heads shall be $2,250 plus $1 for each head over 2,000.

(2) Initiation and notification devices such as smoke/heat detectors, alarms, horn/strobes, pull stations, supervisory devices, etc.

(a) One to 10 devices shall be $75.

(b) For each 25 devices in addition to this or portion thereof, the fee shall be $45.

(3) The fee for each standpipe shall be $350.

(4) Alternate/independent fire extinguishing system such as dry/wet chemical, foam, halon, etc. shall be $200.

(5) Clean agent system fee shall be $200.

(6) Fire pumps.

(a) Up to 500 gallons per minute shall be $350.

(b) Over 500 gallons per minute shall be $500.

(c) Jockey pumps shall be $100.

(7) Fire department connection shall be $100.

(8) Smoke control system (for each independent system) shall be $350.

(9) Hazardous exhaust system (for each independent system) shall be $250.

(10) Alarm/dry pipe/preaction valves shall be $80 each.

(11) Kitchen exhaust system.

(a) For use groups R-3 and R-5 over 400 CFM shall be $50.

(b) For all other use groups including commercial kitchens the fee shall be $175.

(12) Incinerator/crematorium fee shall be $600.

(13) Tanks.

(a) Fire suppression water storage tank for use group R-3 or R-5 the fee shall be $100.

(b) Fire suppression water storage tank for all other use groups shall be $200.

(c) Fuel tank (excludes LPG) for use groups R-3 or R-5 shall be $60.

(d) Fuel tank (excludes LPG) for all other use groups shall be $150.

(e) Demolition or abandonment of a tank — UST, BST, or AST.

[1] Use group R-3 or R-5 shall be $95.

[2] All other use groups shall be $175.

(14) Dedicated fire protection water service up to 75 feet in length shall be $175 and then $2.35 per linier foot over 75 feet.

(15) Furnace or fireplace (gas or oil fired) in new construction for use groups R-3 or R-5 that are not connected to the plumbing system shall be $65.

(16) Furnace or fireplace (gas or oil fired) in all other use groups that are not connected to the plumbing system shall be $85.

(17) Spray booths, spaces, or rooms, dipping operations shall be $350.

(18) Fuel dispensing unit (such as a gasoline pump) shall be $40.

(19) Fire alarm control panel for use groups R-3 or R-5 shall be $35 and for all other use groups shall be $125.

(20) Smoke/heat vent fee shall be $50.

(21) Fire command center fee shall be $250.

(22) Portable fire extinguishers for all uses except R-3 and R-5.

(a) One to five shall be $65 except when applied with other fire protection permit items in which case the fee is waived.

(b) Six to 50, the fee shall be $75.

(c) Over 50, the fee shall be $100.

(23) Photovoltaic.

(a) Use group R-3 or R-5 shall be $65.

(b) All other use groups shall be as follows:

[1] Up to 10 kilowatts shall be $100.

[2] Ten and one-tenths to 25 kilowatts shall be $250.

[3] Twenty-five and one hundredth to 100 kilowatts shall be $350.

[4] One hundred and one hundredth to 500 kilowatts shall be $550.

[5] Five hundred and one hundredth and greater in kilowatts shall be $550 plus $1 for each kilowatt over 500.

(24) The minimum fee for any Fire Protection Subcode permit shall be $65.

G. Elevator fees.

(1) Fee for plan review for elevator devices in use groups R-3 or R-5 and for elevator devices wholly within dwelling units in R-2 structures shall be $70 per device.

(2) Fee for plan review for elevator devices in all other use groups shall be $365 per device.

(3) The fees for elevator device inspections and tests shall be set forth in NJAC 5:23-12.

H. Administrative fees.

(1) Certificates.

(a) Certificate of occupancy for new construction, additions, and reconstructions.

[1] For single-family dwellings of use groups R-3 or R-5 shall be $120.

[2] For all other use groups shall be 10% of the construction permit fee or $120 for new construction and additions or $260 in the case of reconstructions or change of occupancy, whichever is greater.

[3] For all use groups pursuant to a change of use group the fee shall be $260.

(b) Certificate of continued occupancy (CCO) per NJAC 5:23-2.23(c) shall be $200. This fee covers all disciplines.

(c) Temporary certificate of occupancy (TCO).

[1] First issuance of temporary certificate of occupancy fee shall be $120 for groups R-3 and R-5 and $260 for all other use groups. This fee shall be waived provided the certificate of occupancy fee per § 86-5H(1)(a) is paid up front.

[2] Fee for an extension of a temporary certificate of occupancy shall be $120 for all use groups.

(d) Variation fees per NJAC 5:23-2.10.

[1] For Class I buildings, the fee shall be $821.

[2] For Class II buildings, the fee shall be $300.

[3] For Class III buildings, the fee shall be $168.

(e) New Jersey state permit surcharge fees shall be in accordance with NJAC 5:23-4.19.

(f) Document imaging surcharge fee.

[1] For new construction and additions, the document imaging surcharge fee shall be $0.20 per square foot.

[2] Use groups R-3 and R-5 shall have a maximum fee of $100.

(g) For rehabilitation work, the document imaging surcharge fee shall be $1 per $1,000 of cost of building costs.

[1] Use groups R-3 and R-5 are exempt from this fee for rehabilitation work.

(h) Development wide inspection fees shall be in accordance with NJAC 5:23-4.17(d).

(i) The fee for plan review of a building for compliance under the alternate systems and nondepletable energy source provisions of the Energy Subcode shall be shall be $383 for one- and-two family homes (use groups R-3 and R-5) and for light commercial structures having the indoor temperature controlled from a single point, and $1,915 for all other structures.

(j) The fee for a permit for lead hazard abatement work shall be $196. The fee for lead abatement clearance certificate shall be $39.

(k) Annual permit fees shall be in accordance with NJAC 5:23-4.20(c)5.

(l) Waiver of fees for construction permits.

[1] Disabled persons.

[a] Except as otherwise stated below, no person shall be charged a construction permit surcharge fee, enforcing agency fee or subcode fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing private structure or any of the facilities contained herein.

[b] Except as otherwise stated below, a disabled person, or a parent, or a sibling of a disabled person, shall not be charged for a building permit for any construction, reconstruction, alteration or improvement which promotes accessibility to his or her own living unit.

[c] "Disabled person" in accordance with NJSA 52:27D-126E, means a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not limited to, any resident of this state who is disabled pursuant to the federal Social Security Act (42 USC 416), or the federal Railroad Retirement Act of 1974 (45 UC 231 et seq.), or is rated as having a 60% disability or higher pursuant to any federal law administered by the United States Veterans' Act. For purposes of this subsection, "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20° shall be considered as having a central visual acuity of 20/200 or less.

[d] Notwithstanding the foregoing authorization to waive fees for the construction permits described herein, said waiver shall apply only to those in-house fees which will be charged by and received by the Township of Pemberton; and fees charged to the Township by third-party inspection agencies, or by other agencies, for which the Township is responsible, shall not be waived, and the applicant shall be required to pay said third-party fees.

[2] Public buildings.

[a] As per NJSA 52:27D-126b, any and all construction contracted for or conducted by the municipality within its boundaries shall have enforcing agency fees waived.

[b] Per NJSA 52:27D-126c, no county, municipality, or any agency or instrumentality thereof shall be required to pay any municipal fee or charge in order to secure a construction permit for the erection or alteration of any public building or part thereof from the municipality wherein the building may be located. No erection or alteration of any public building or part thereof by a county, municipality, school board, or any agency or instrumentality thereof shall be subject to any fee, including any surcharge or training fee, imposed by any department or agency of state government pursuant to any law, or rule or regulation, except that nothing contained in this section shall be interpreted as preventing the imposition of a fee upon a board of education by either the Department of Education for plan review or by a municipality for the review of plans submitted to it pursuant to the provisions of section 12 of P.L. 1975, c.217 (C. 52:27D-130).

§ 86-6 Private on-site agency fees.

[Added 12-5-2012 by Ord. No. 16-2012[1]]

A. In the event that the Township enters into a contract with a private enforcing agency pursuant to the authority set forth in N.J.A.C. 5:23-4 et seq., the fees set forth in this section shall apply.

B. Private enforcing agencies shall charge the Township for the services rendered no more than the fees set forth in N.J.A.C. 5:23-4.20, multiplied by the percentage set forth in the contract between the private agency and the Township.

C. The difference between the fees set forth in N.J.A.C. 5:23-4.20, and the amount charged to the Township by the private agency shall be retained by the Township to offset partially the direct Township costs of enforcing regulations.

D. In addition to the fees set forth herein, an administrative fee of 12% of the permit fees charged to permit applicants shall be charged to cover the Township's indirect and overhead costs.

[1] Editor's Note: This ordinance also provided for the redesignation of former §§ 86-6 and 86-7 as §§ 86-7 and 86-8, respectively.

§ 86-7 Appeals.

All appeals from decisions shall be heard by the Pemberton Township Code Enforcement Officer, located at the Pemberton Township Municipal Building, Pemberton-Browns Mills Road, New Lisbon, New Jersey.

§ 86-8 Retroactive effect.

The Township Council hereby declares that the provisions of this chapter shall be retroactive to January 1, 1977.