Township of Franklin, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Franklin 1-27-1977 by Ord. No. 836 (Ch. 105 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 112.
Fire prevention — See Ch. 132.
Housing standards — See Ch. 151.
Flood damage prevention — See Ch. 192.
Swimming pools — See Ch. 340.
Tenant and home buyer protection — See Ch. 359.

§ 146-1 Enforcing agency established; subcode officials designated.

[Amended 8-13-1981 by Ord. No. 1065; 11-26-1991 by Ord. No. 1682]
A. 
There is hereby established in the Township of Franklin a State Uniform Construction Code enforcing agency to be known as the "Division of Code Enforcement," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Fire Protection Subcode Official, Electrical 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(1), as amended, and 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(2) 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.

§ 146-2 Fees.

[Amended 3-24-1977 by Ord. No. 844; 4-23-1981 by Ord. No. 1051; 8-13-1981 by Ord. No. 1065; 4-11-1989 by Ord. No. 1478; 11-26-1991 by Ord. No. 1682; 5-28-1996 by Ord. No. 1956; 11-12-1998 by Ord. No. 3018; 9-9-2002 by Ord. No. 3319; 8-12-2003 by Ord. No. 3392; 12-11-2007 by Ord. No. 3728; 8-12-2008 by Ord. No. 3766]
A. 
A construction permit will be valid for one year from the date of issuance, and the fee shall be the sum of the subcode and surcharge fees in Subsection C(1) through (6) and C(8) and (9) hereafter listed and shall be paid prior to the issuance of a construction permit.
B. 
At the time of issuance of any construction and/or demolition permit(s), where the permittee possesses 21 or more cubic yards of construction and/or demolition waste materials, the Construction Official shall provide to the permittee written instruction on proper disposal and recycling of the construction and/or demolition waste materials.
(1) 
The Construction Official shall also furnish to the permittee a notification of construction/demolition activity form. The permittee shall complete and execute the form and transmit it via facsimile to the Somerset County Department of Health - CEHA Operations within 48 hours of the issuance of a construction and/or demolition permit.
(2) 
Violation of any provision of this section shall be subject to the penalties imposed pursuant to Chapter 1, Article II, General Penalty.
C. 
Waiver of fees.
(1) 
Fees are hereby waived for public institutions and volunteer fire companies. Fees may also be reduced by up to 50% for community organizations and charitable institutions receiving tax-exempt status under the Internal Revenue Code; provided, however, that such waivers as set forth hereinabove for community organizations and charitable institutions receiving tax-exempt status under the Internal Revenue Code shall be so waived or reduced only by resolution of the Township Council of the Township of Franklin. Fees for work done without benefit of permits or which result in violation notices being generated will not be eligible for reductions.
(2) 
Fees are hereby waived for any disabled person or a parent or sibling of a disabled person for construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to his/her own living unit. For the purposes of this subsection, "disabled person" shall mean a person meeting the definition of "disabled person" set forth in N.J.S.A. 52:27D-126e of the State Uniform Construction Code.
(3) 
In situations where the Health Officer declares a general water emergency, fees associated in this chapter may be waived by resolution of the Township Council (effective April 28, 2004).
D. 
Fees.
(1) 
The building subcode fees shall be as follows:
(a) 
New construction: Up to 100,000 cubic feet, the fee shall be computed by volume multiplied by 0.0370.
(b) 
New construction: Over 100,000 cubic feet, the fee shall be computed by volume multiplied by 0.037 for the first 100,000 cubic feet and 0.015 for all cubic footage 100,001 and over.
(c) 
New construction: commercial farm buildings and structures on farms, the fee shall be computed by volume multiplied by 0.0008 to a maximum of $1,145.
(d) 
Alterations, renovations and repairs:
[1] 
Minimum fee: $50.
[2] 
All uses, multiplied by estimated cost of construction.
[a] 
Minimum fee: $50.
[b] 
Thirty dollars per $1,000 up to $50,000.
[Amended 10-12-2010 by Ord. No. 3901]
[c] 
Twenty-three dollars per $1,000 for $50,001 to $100,000.
[Amended 10-12-2010 by Ord. No. 3901]
[d] 
Nineteen dollars per $1,000 over $100,000.
[Amended 10-12-2010 by Ord. No. 3901]
(e) 
Photovoltaic systems.
[Added 10-13-2009 by Ord. No. 3851]
[1] 
Photovoltaic systems shall be charged a flat fee of $100 for Use Groups R3, R4 and R5. All other use groups shall be charged fees based on the designated kilowatt rating of the solar photovoltaic systems as follows:
[a] 
One to 50 kilowatts, the fee shall be $250.
[b] 
Fifty-one to 100 kilowatts, the fee shall be $500.
[c] 
Greater than 100 kilowatts shall be $750.
[2] 
Any structural work required to facilitate installation of the system (i.e., increasing the capacity of load-bearing components) will be permitted on a fee based upon the cost of work for alterations as per our current fee schedule.
(2) 
Flat fees shall be as follows:
(a) 
Reroof (R3 and R5), residential: $50.
(b) 
Re-siding (R3 and R5), residential: $50.
(c) 
Swimming pools (R3 and R5).
[1] 
Aboveground: $75.
[2] 
In-ground: $150.
(d) 
Sheds: $25.
[1] 
One hundred square feet to 250 square feet: $75.
[2] 
Over 250 square feet fee will be computed by volume of structure.
(e) 
Fences over six feet high: $25.
(f) 
Retaining walls, Use Groups R3 and R5 $150. All other uses based on cost of construction.
(g) 
Radon: $50 per vent stack.
(h) 
Underground storage tank (UST) installation (R3 and R5): $35.
(i) 
Aboveground storage tank (AST) installation (R3 and R5): $35.
(j) 
Asbestos removal: $100.
(k) 
Temporary structures, tents, temporary trailers: $90.
(l) 
Moving structures: $100 plus construction permits for all work associated with relocating and reconstruction of the structure.
(m) 
Demolition:
[1] 
R3 and R5 and farm buildings under 5,000 square feet and less than 30 feet in height: $75.
[2] 
All other use groups: $100.
(n) 
Signs: $50.
(3) 
State surcharge fees shall be as follows: State permit fees shall be in accordance with N.J.A.C. 5:23-2, as same may be amended from time to time.
(4) 
Expedited plan review fees will be $75 per hour per subcode plus administration. Work will be done on an overtime basis.
(5) 
There shall be an additional fee of $60 per hour (minimum one hour) for review and processing of any amendment or change to a plan or application that has already been released.
(6) 
Special inspections: Saturdays, Sundays, evenings or otherwise outside of normal business hours will be $100 per hour with a two-hour minimum per subcode required.
(7) 
Plumbing fees shall be as follows:
(a) 
Fee per fixture, piece of equipment or appliance connected to the plumbing system and for each appliance connected to the gas piping or oil piping system, except as indicated in Subsection D(7)(b) below: $25.
(b) 
Fee per special device for the following: grease traps, oil separators, refrigeration units, utility service connections, backflow preventers equipped with test ports, steam boilers, hot water boilers, active solar systems, sewer pumps and interceptors, gas piping and oil piping: $65.
(c) 
Fee per residential backflow preventer (required to be inspected yearly): $50.
(d) 
Fee per commercial or industrial backflow preventer (required to be inspected yearly): $100.
(e) 
Minimum plumbing fee shall be $50.
(8) 
Mechanical fees shall be as follows:
(a) 
Water heaters: $45.
(b) 
Replacement furnaces, boilers and HVAC units: $60 per unit replaced. Rooftop H.V.A.C.: $120.
[Amended 10-12-2010 by Ord. No. 3901]
(c) 
Mechanical plan review for R3 and R5 Use Groups: $75.
(d) 
Installation and removal of aboveground storage tanks under 2,001 gallons:
[1] 
Use Groups R3 and R5: $60.
[2] 
All other use groups: $100.
(e) 
Installation of underground storage tanks under 2,001 gallons: $200.
(f) 
Removal of underground storage tanks under 2,001 gallons:
[1] 
Use Groups R3 and R5: $60.
[2] 
All other use groups: $220.
(g) 
Heat-producing devices in R-3 and R-5 Use Groups, including but not limited to fireplaces, solid fuel stoves, furnaces, boilers, metal chimneys and chimney relinings: $50.
(9) 
Plan review fees: A nonrefundable fee of 10% of total fees for plan review and prototype plans.
(10) 
Occupancy permit fees shall be as follows:
(a) 
Certificate of occupancy.
[1] 
R3 and R4 residential: $100.
[2] 
All other uses: $135.
[3] 
For apartments within the same building the fee shall be $135 for the first five units and $135 for each additional five units or portion thereof
(b) 
Continued certificate of occupancy.
[1] 
R3 and R5 residential: $100.
[2] 
All other use groups: $200.
(c) 
Change of use: $150.
(d) 
Certificate of approval: no fee.
(e) 
Renewal of temporary certificate of occupancy: $50.
(f) 
Renewal of a lapsed permit that is within the guidelines of N.J.A.C. 5:23-2.16(f): $50.
(11) 
Electrical subcode fees shall be as follows:
(a) 
For the purpose of computing these fees, devices, outlets, fixtures and switches shall include but not be limited to burglar alarms, intercom panels, smoke detectors, thermostats, motors, photocells, level probes, temperature sensors and similar items:
[1] 
For the first 50 devices: $50.
[2] 
Each additional 25 devices or fraction thereof: add $25.
(b) 
For the purpose of computing these fees, the term service, service panel, subpanels, feeders, switches, switchboards, motor control centers, alarm panels, signs, disconnects:
[1] 
Up to 200 amps: $75.
[2] 
Two hundred one amps up to 1,000 amps: $150.
[3] 
One thousand amps and above: $600.
(c) 
For the purpose of computing these fees, all motors, including ranges, ovens, surface units, dryers, air-conditioning units, water heaters, central heat (oil, gas, electric), baseboard heat units, generators, transformers or other devices consuming, generating or altering electricity:
[1] 
Motors and electrical devices:
[a] 
Fractional hp, up to 10 hp: $25.
[b] 
Eleven hp up to 50 hp: $75.
[c] 
Fifty-one hp up to 100 hp: $150.
[d] 
One hundred one hp up to 500 hp: $600.
[e] 
Each increment of 50 hp or part thereof: add $50.
[2] 
Transformers and generators:
[a] 
Fractional kw, up to 10 kw: $25.
[b] 
Eleven kw up to 50 kw: $75.
[c] 
Fifty-one kw up to 100 kw: $150.
[d] 
One hundred one kw up to 500 kw: $600.
[e] 
Each increment of 50 kw or part thereof, add $50.
(d) 
Pools, fountains and similar installations (includes bonding, motor, two outlets and a switch):
[1] 
Aboveground: $75.
[2] 
In-ground: $150.
(e) 
Light standards (each): $25.
(f) 
Trailers (based on fee scheduled): $75.
(g) 
Modular office cubicles (each unit): $25.
(h) 
Branch circuits (all): $35.
(i) 
Reinspection or reintroduction of service: $35.
(j) 
Minimum fee: $50.
(k) 
All other work requiring review and inspections: Fees are to be based on $23 per $1,000 of estimated cost (i.e., grounding grids, underground conduits, etc.). For the purpose of determining estimated cost, the applicant shall submit to the Division cost data produced by the architect or engineer of record or by a recognized estimating firm or by the contractor.
(l) 
Residential alarms shall be charged the minimum fee of $50.
(m) 
Photovoltaic systems: the fee shall be based on the designated kilowatt rating of the solar photovoltaic system as follows:
[Added 10-13-2009 by Ord. No. 3851]
[1] 
One to 50 kilowatts, the fee shall be $100.
[2] 
Fifty-one to 100 kilowatts, the fee shall be $200.
[3] 
Greater than 100 kilowatts shall be $400.
(12) 
Fire subcode fees (fire protection and other hazardous equipment) shall be as follows:
(a) 
Sprinkler heads.
Number of Heads
Fee
1 to 5
$75
6 to 20
$100
21 to 100
$175
101 to 200
$200
401 to 1,000
$850
Over 1,000
$1,100
(b) 
Standpipe systems, each riser: $250.
(c) 
Sprinkler valves.
[1] 
Alarm valve: $100 each.
[2] 
Dry pipe valve: $200 each.
[3] 
Preaction valve: $200.
[4] 
Each additional riser: $200.
(d) 
Fire pumps: $250.
(e) 
Yard hydrants: $100 each.
(f) 
Freestanding Fire Department connection: $200.
(g) 
Alarm, supervisory and signaling systems, including but not limited to waterflow tamper switches, detectors, emergency lighting: $50 plus a fee per associated device:
[1] 
R3 and R5: $5 per device.
[2] 
All other use groups: $10 per device.
(h) 
Pre-engineered systems, including but not limited to wet chemical, FM-200, CO2, inergin, foam systems and any other pre-engineered system not listed: $200 per system.
(i) 
Smoke control systems: $200.
(j) 
Heat-producing devices, including but not limited to fireplaces, solid fuel stoves, furnaces, boilers, metal chimneys and chimney relinings: $50.
(k) 
Commercial kitchen exhaust systems and hazardous exhaust systems: $250.
(l) 
Emergency generator systems: $100.
(m) 
Elevator recall: $75.
(n) 
Fire extinguishers.
[1] 
One to 10: $50.
[2] 
Each additional five: $25.
(o) 
Underground fire main service shall be 2% of construction costs of installation.
(p) 
Minimum review fee for items not specifically covered: $50.
(13) 
Elevator safety subcode fees shall be as follows: The fee for elevator plan review and elevator installation shall comply with the standards listed in N.J.A.C. 5:23-12.
(14) 
Variations shall be as follows:
(a) 
Class I structures: $450.
(b) 
Class II structures: $150.
(c) 
Class III structures: $90.
(d) 
Reapplication for variation: 25% of original fee.
(15) 
The fee to be charged for an annual construction permit shall be charged annually. This fee shall be a flat fee based upon the number of maintenance workers who are employed by the facility and who are primarily engaged in work that is governed by a subcode. Managers, engineers and clericals shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits may be issued for building/fire protection, electrical and plumbing. Fees for annual permits shall be as follows:
(a) 
One to 25 workers (including foremen): $667/worker; each additional worker over 25: $232/worker.
(b) 
Prior to the issuance of the annual permit, a training registration fee of $ 140 per subcode and a list of not more than three individuals to be trained per subcode shall be submitted by the applicant to the Department of Community Affairs, Bureau of Code Services, Education Unit along with a copy of the construction permit (Form F170). Checks shall be made payable to "Treasurer, State of New Jersey." The Department shall register these individuals and notify them of the courses being offered.
(16) 
Hourly charges and fees for development-wide inspection of homes after issuance of a certificate of occupancy shall be in such amount as may be reasonable and necessary in order to ascertain whether a violation exists or to verify that any work performed has abated the violation. The hourly charge shall be the same as the hourly charge set forth at N.J.A.C. 5:23-4.20(b)4 times the number of hours spent by the Code Official in determining whether a violation exists or verifying that any work performed has abated the violations.