Borough of Cresskill, NJ
Bergen 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 Cresskill 1-1-1981 by Ord. No. 80-23-780 as Ch. 69 of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch. 6, Art. I.
Land use procedures — See Ch. 38.
Fire prevention — See Ch. 128.
Life safety standards — See Ch. 162.
Subdivision of land — See Ch. 234.
Zoning — See Ch. 275.

§ 101-1 Enforcing agency established; subcode officials designated.

A. 
There is hereby established in the Borough of Cresskill a State Uniform Construction Code enforcing agency to be known as the "Borough of Cresskill State Uniform Code Construction Agency," consisting of 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.
B. 
Each official position created in Subsection A hereof shall be filled by a person 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 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 enforcing agency at one office location, except for emergencies and unforeseen or unavoidable circumstances.
D. 
In determining appeals, the Construction Board of Appeals shall proceed in accordance with N.J.A.C. Title 5, Chapter 23A, the rules governing Construction Boards of Appeals.
[Added 4-2-2008 by Ord. No. 08-06-1348]

§ 101-2 Construction Board of Appeals.

[Amended 2-3-1987 by Ord. No. 08-06-1348]
A. 
Membership; term; qualifications.
(1) 
There is hereby established a Construction Board of Appeals, pursuant to the provisions of N.J.S.A. 52:27D-127 and N.J.A.C. 5:23-4.40. This Board shall consist of five members. No more than two members of the Board shall be selected from the same profession or business. At least one of the members shall be either a registered architect or licensed professional engineer with building construction experience, and at least one member of the Board shall be as qualified as a plumbing subcode official, one as qualified as an electrical subcode official and one as qualified as a fire protection subcode official. The qualifications of the members shall be as follows:
(a) 
No employee of any local enforcing agency may serve on the Board of Appeals exercising appeals jurisdiction over such enforcing agency. Other municipal and county employees may serve on such Board, provided that they be disqualified from consideration of matters affecting municipal or county-owned or -leased structures.
(b) 
Each member shall be qualified by experience or training to perform his duties as a member of the Board, which shall be no less than that which is required of a construction or subcode official under N.J.S.A. 52:27D-126, and any amendments thereto, with the exception that members of the Board need not be certified. No member shall receive an appointment unless he shall meet at least these minimum requirements. The Commissioner of the Department of Community Affairs may further require that members of the Board satisfactorily undertake a program of training and continuing education similar to that required of construction or subcode officials or may require more specialized training consistent with the duties of members of a board of appeals. Failure to satisfactorily undertake such a program shall be deemed good cause for removal by the Mayor and Council. Failure to be present at one or more than 50% of all meetings of the Board during any calendar year shall be considered good cause for removal by the appointing authority.
(2) 
In addition to the five regular members, each construction board of appeals shall include two special members, one of whom shall be a licensed professional engineer with municipal construction experience, and one of whom shall be a builder. The special members shall serve as additional members of the Board in any case involving an appeal of municipal fees pursuant to P.L.1995, c. 54 (N.J.S.A. 40:55D-53.2 et al.).
[Added 10-2-2002 by Ord. No. 02-12-1254]
B. 
Appointment; Chairman.
(1) 
Board members and any alternates shall be nominated by the Mayor and Council, subject to confirmation by the Council. For the members first appointed, the appointing authority shall designate the appointees' terms so that 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. Vacancies on the Board shall be filled for the unexpired term. Members may be removed by the Mayor and Council for cause. A person may serve on more than one Construction Board of Appeals.
(2) 
The Mayor of Cresskill shall nominate, subject to confirmation by the Council, one of its members to serve as Chairman.
C. 
Alternates. The Mayor and Council may nominate, subject to confirmation by the Council, such number of qualified alternates as may be deemed appropriate to serve during the absence or disqualification of any member. Such appointment may be for a term not to exceed four years or on a case-by-case basis. Such alternates shall not be members of the enforcing agency, the decisions of which are subject to the review of the Board.
D. 
Exemptions of members. A member of the Board shall not pass on any question in which he is engaged as contractor or material dealer or in which he has been involved in the preparation of plans or specifications or in which he has any personal or professional interest.
E. 
Compensation. The members shall not be compensated, but they shall be reimbursed for all necessary expenses incurred by them in the performance of their duties, on vouchers submitted to and approved by the Mayor and Council of the Borough of Cresskill.
F. 
Secretary to the Board. The Construction Official shall designate a Clerk from the enforcing agency to serve as Secretary to the Board and to maintain its records.

§ 101-3 Fees.

[Amended last 5-1-1990 by Ord. No. 90-6-1029; 5-5-2010 by Ord. No. 10-10-1389]
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. Such fees shall be waived for construction permits and inspections where the application is for the repair or replacement of damage consequential to a county, state or national declared natural disaster. However, in no event will inspection(s) of the construction be waived.
A. 
The building subcode fee shall be:
(1) 
For new construction, $0.07 per cubic foot of building or structure volume, provided that the minimum fee shall be $200 for principal buildings and $75 for accessory structures. The fee for an accessory shed under 100 square feet shall be $50.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(2) 
For renovations, alterations and repairs, $18 per $1,000 of estimated cost of the work, provided that the minimum fee shall be $50. For the purpose of determining estimated cost, the applicant shall submit to the department 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 contractor's bid, if available, shall be submitted. The Construction Official shall make the final decision regarding estimated cost.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(3) 
For additions, $0.045 per cubic foot for building or structure volume for the added portion, provided that the minimum fee shall be $50.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(4) 
For a roofing permit, the minimum fee shall be $75, and the minimum fee for a siding permit shall be $80. (The alteration fee is $15 per thousand.)
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(5) 
For decks, $1 per square foot, provided that the minimum fee shall be $75.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(6) 
For combinations of renovations and additions, the sum of the fees computed separately as renovations and additions.
(7) 
For swimming pools, $30 for the first $1,000 or fraction thereof of estimated cost of construction and $20 for each additional $1,000 or fraction thereof, provided that the minimum fee shall be $125.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(8) 
For asbestos removal, $10 dollars per $1,000, provided that the minimum fee shall be $50.
(9) 
For construction of a fence, $10 per $1,000 of estimated cost of the work, provided that the minimum fee shall be $50.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
B. 
Plumbing subcode fees.
(1) 
The plumbing subcode fee shall be as follows:
(a) 
For each fixture, device and plumbing stack: $12.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(b) 
For sewer connections: $50.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(c) 
For central air conditioning: $35.
(d) 
For disposal units: $35.
(e) 
For new septic systems and repairs: $100.
(f) 
For slab inspection for underground: $15.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(g) 
For ventilation equipment: $18.
(h) 
For swimming pool water supply: $40.
(i) 
For water softeners: $35.
(j) 
For drywell construction or relocation: $40.
(k) 
For oil burners and furnaces: $440.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(l) 
For water heaters and tankless heaters: $30.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(m) 
For swimming pool water heaters: $25.
(n) 
For gas heating systems: $40.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(o) 
Notwithstanding the foregoing, the minimum plumbing subcode fee shall be $50.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(2) 
Special devices. The fee shall be $55 per special device for the following: grease traps, oil separators, water-cooled air-conditioning units, refrigeration units, utility service connections, backflow preventers, steam boilers, hot-water boilers (excluding those for domestic water heating), gas piping, gas service entrances, active solar systems, sewer pumps, interceptors and fuel-oil piping.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
C. 
The electrical subcode fee schedule will be in accordance with the following UCC subcode, with the minimum Borough fee being $55: N.J.A.C. 5:23-4.20(c)2iii, Electrical fixtures and devices. The fees are as follows:
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(1) 
For the first block consisting of one to 50 receptacles, fixtures or devices, the fee shall be $36; for each additional block consisting of up to 25 receptacles, fixtures or devices, the fee shall be $6. For the purpose of computing this fee, receptacles, fixtures or devices shall include lighting fixtures, wall switches, convenience receptacles, sensors, dimmers, alarm devices, smoke and heat detectors, communications outlets, light standards eight feet or less in height, including luminaires, emergency lights, electric signs, exit lights or similar electric fixtures and devices rated 20 amperes or less, including motors or equipment rated less than one horsepower (hp) or one kilowatt (kw).
(2) 
For each motor or electrical device rated from one hp to one kw to 10 hp or 10 kw; for each transformer or generator rated from one kw or one kva to 10kw or 10kva; for each replacement of wiring involving one branch circuit or part thereof; for each storable pool or hydro-massage bathtub; for each underwater lighting fixture; for household electric cooking equipment rated up to 16kw; for each fire, security or burglar alarm control unit; for each receptacle rated from 30 amperes to 50 amperes; for each light standard greater than eight feet in height, including luminaires; and for each communications closet, the fee shall be $10.
(3) 
For each motor or electrical device rated from greater than 10hp or 10kw to 50hp or 50kw; for each service equipment, panel board, switch board, switch gear, motor-control center, or disconnecting means rated 225 amperes or less; for each transformer or generator rated from greater than 10kw or 10kva to 45kw or 45kva; for each electric sign rated from greater than 20 amperes to 225 amperes, including associated disconnecting means; for each receptacle rated greater than 50 amperes; and for each utility load management device, the fee shall be $46.
(4) 
For each motor or electrical device rated from greater than 50hp or 50kw to 100hp or 100kw; for each service equipment, panel board, switch board, switch gear, motor-control center or disconnecting means rated from greater than 225 amperes to 1,000 amperes; and for each transformer or generator rated from greater than 45kw or 45kva to 112.5kw or 112.5kva, the fee shall be $92.
(5) 
For each motor or electrical device rated greater than 100hp or 100kw; for each service equipment, panel board, switch board, switch gear, motor-control center or disconnecting means rated greater than 1,000 amperes; and for each transformer or generator rated greater than 112.05kw or 112.5kva, the fee shall be $457.
(6) 
The fee charged for electrical work for each permanently installed private swimming pool as defined in the building subcode, spa, hot tub or fountain shall be a flat fee of $46 which shall include any required bonding, and associated equipment such as filter pumps, motors, disconnecting means, switches, required receptacles, and heaters, etc., excepting panel boards and underwater lighting fixtures. For public swimming pools, the fee shall be charged on the basis of number of electrical fixtures and rating of electrical devices involved in accordance with § 101-3C(1) and (2) above.
D. 
The fee for elevators will be the third-party fee, plus an additional fee of 15%, with the minimum Borough fee being $25.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
E. 
The fee for plan review by the Zoning Officer will be $35 and shall be paid before the plans are reviewed. The amount paid for this fee shall be in addition to the fee to be charged for the construction permit.
[Amended 9-1-2010 by Ord. No. 10-18-1397]
F. 
The fee for a permit for demolition of a building or structure shall be $10 per $1,000 with a minimum of $200 for a principal building and $10 per $1,000 with a minimum of $75 for an accessory building.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
G. 
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 new foundations and for placement in a completed condition in the new location, provided that the minimum fee shall be $100.
H. 
The fee for a permit to construct a sign shall be $10 per square foot of the surface area of the sign, provided that the minimum fee shall be $45. In the case of a double-faced sign, the area of the surface of only one side of the sign shall be used for purposes of the fee computation.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
I. 
The fee for real estate sign permits shall be $350 per year for each agency, with notification of each sign location.
[Amended 12-16-1992 by Ord. No. 92-16-1079; 5-21-2008 by Ord. No. 08-11-1353]
J. 
The fire subcode fees shall be:
(1) 
For boilers: $50.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(2) 
For fireplaces or chimneys: $50.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(3) 
For wood or coal stoves: $40.
(4) 
For commercial cooking equipment: $75.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(5) 
For fire-suppression systems, $7 per head, minimum: $75.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(6) 
For oil and fuel tanks: $50.
(7) 
For gasoline and diesel tanks: $100.
(8) 
For gasoline pumps: $30.
(9) 
For removing tanks, per tank: $50.
(10) 
For smoke detectors and alarms, each: $10.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(11) 
Notwithstanding the foregoing, the minimum fire subcode fee will be $50.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
K. 
The fee for renewal of a permit, where permitted, shall be the original fee (plus 20% for reprocessing).
[Amended 5-21-2008 by Ord. No. 08-11-1353]
L. 
Certificate of occupancy fees shall be as follows:
(1) 
The fee for a certificate of continued occupancy letter shall be $25.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(2) 
The fee for a temporary certificate of occupancy shall be $100 per thirty-day period. No temporary certificate of occupancy shall extend beyond 90 days in duration. (In certain circumstances and if necessary an application to the Construction Official for an extension may be granted.)
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(3) 
The fee for a certificate of occupancy granted for a building or for a change of use or occupancy in any nonresidential building shall be $75.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(4) 
The fee for a residential certificate of occupancy shall be $25 per residential unit.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
(5) 
The fee for each residential building shall be $50.
(6) 
The fee for each commercial certificate of occupancy shall be 10% of the fee charged for the construction permit, provided that the minimum fee shall be $50.
(7) 
The fee for each certificate of approval shall be $30.
M. 
The fee for each reinspection of a final inspection made by any of the inspectors, including building, fire, electrical, plumbing and heating, will be $50.
N. 
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $423 for Class I structures and $85 for Class II and Class III structures. The fee for resubmission of an application for a variation shall be $163 for Class I structures and $46 for Class II and Class III structures.
O. 
In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations,[1] the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee of $0.00265 per cubic foot of volume of new construction. Said surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarters ending September 30, December 31, March 31 and June 30, and not later than one month next succeeding the end of the quarter for which it is due. In the fiscal year in which the regulations first become effective, said fee shall be collected and remitted for the third and fourth quarters only.
[Amended 5-21-2008 by Ord. No. 08-11-1353]
[1]
Editor's Note: "The regulations" refers to the regulations promulgated by the Commissioner of the Department of Community Affairs of the State of New Jersey pursuant to the Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.).
P. 
The fee for inspection of one- and two-family homes, when changes of occupancy occur, to verify installation of at least one smoke detector on each level of said home and to issue a certificate of Fire Code status attesting thereto, shall be $25, payable to the Borough of Cresskill. Said fee shall be remitted to the Fire Officer upon verification of inspection and issuance.
[Added 9-24-1991 by Ord. No. 91-11-1055]
Q. 
Elevator devices.
[Added 12-16-1992 by Ord. No. 92-16-1079]
(1) 
The fee for the six-month routine inspection of elevator devices shall be as follows:
Device
Fee
Total Fee
Town's Fee
(15%)
Traction and winding drum elevators
  1 to 10 floors
$151
$174
$23
  Over 10 floors
$194
$223
$29
Hydraulic elevators
$108
$124
$16
Roped hydraulic elevators
$151
$174
$23
Escalators, moving walks
$151
$174
$23
(2) 
The fee for the one-year periodic inspection and witnessing of tests of elevator devices, which shall include a six- month routine inspection, shall be:
Device
Fee
Total Fee
Town's Fee
(15%)
Traction and winding drum elevators
  1 to 10 floors
$216
$248
$32
  Over 10 floors
$259
$298
$39
Hydraulic elevators
$162
$186
$24
Roped hydraulic elevators
$216
$248
$32
Escalators, moving walks
$346
$398
$52
Dumbwaiters
$86
$99
$13
Manlifts, stairway chairlifts, inclined and vertical wheelchair lifts
$130
$150
20
(3) 
Additional yearly periodic inspection charges for elevator devices equipped with the following features shall be as follows:
Device
Fee
Total Fee
Town's Fee
(15%)
Oil buffers (charge per oil buffer)
$43
$49
$6
Counterweight governor and safeties
$86
$99
$13
Auxiliary power generator
$54
$62
$8
(4) 
The fee for the three-year or five-year inspection of elevator devices shall be as follows:
Device
Fee
Total Fee
Town's Fee
(15%)
Traction and winding drum elevators
  1 to 10 floors (five-year inspection)
$367
$422
$55
  Over 10 floors (five year inspection)
$410
$472
$62
Hydraulic and roped hydraulic elevators
  One-year inspection
$162
$186
$24
  Three-year inspection
$270
$311
$41
  Five-year inspection
$162
$186
$24
  Final acceptance
$243
$279
$36

§ 101-4 Fire limits.

[Amended 3-18-1986 by Ord. No. 86-7-924]
A. 
The following fire limits are hereby established, pursuant to N.J.A.C. 5:23: Block Nos. 13, 29 (Lot 3), 41, 74, 80, 81, 82, 83, 88, 177, 182, 183, 184, 185 and 214.
[Amended 2-16-1998 by Ord. No. 88-1-978]
B. 
The Construction Official shall prepare and submit to the Mayor and Council biannually 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 fire limits, with the reasons therefor.