Borough of Lavallette, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette; amended in its entirety 5-19-2008 by Ord. No. 2008-05 (1033).[1] Amendments noted where applicable.]
GENERAL REFERENCES
Bulkheads and beach development — See Ch. 14.
Certificates of occupancy — See Ch. 17.
Electrical standards — See Ch. 24.
Flood hazard areas — See Ch. 31.
Housing standards — See Ch. 35.
Unfit buildings — See Ch. 61.
Zoning — See Ch. 90.
[1]
Editor's Note: This ordinance provided an effective date of 7-1-2008 and also stated, upon the effective date of this ordinance, the Construction Official shall be authorized to continue any and all proceedings instituted by any official with authority to proceed on behalf of the Borough of Lavallette.

§ 20-1 Shared enforcing agency established; subcode officials designated.

[Amended 2-6-2017 by Ord. No. 2017-02 (1162)]
A. 
There is hereby created a State Uniform Construction Code enforcing agency composed of the Borough of Lavallette and Borough of Seaside Park, with both municipalities being located in Ocean County, New Jersey. The shared Construction Department shall consist 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. The Construction Official shall establish the day-to-day operating routines of the agency and shall coordinate the activities of the subcode officials. The terms of the shared services agreement amongst the parties thereto are found in §§ 20-5, 20-6 and 20-7 of this herein chapter.
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 as further set forth in the shared services agreement, if any, 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 or more office locations, except as set forth in the shared services agreement, § 20-7 of this herein chapter, and for emergencies and unforeseen or unavoidable circumstances.
D. 
No person employed by the enforcing agency as the construction or subcode official, trainee, inspector or plan reviewer shall engage in, or otherwise be connected directly or indirectly for purposes of economic gain, with any business or employment furnishing labor, material, appliances or services for the construction, alteration, demolition or maintenance of buildings or structures within the Borough of Lavallette nor shall any such official or employee engage in any other activity or work which conflicts with his official duties.
E. 
The Construction Official shall have the authority under state law to issue any and all notices and violations on behalf of the member entities to the shared services agreement and in accordance with said shared services agreement.

§ 20-2 Appeals.

All appeals from decisions of the enforcing agency shall be made to the Construction Board of Appeals of the County of Ocean.

§ 20-3 Fees.

[Amended 3-9-2009 by Ord. No. 2009-03 (1056)]
A. 
The fee for a construction permit shall be the sum of the subcode fees as listed in Subsection A(1) hereof and shall be paid before the permit is issued, except that the minimum fee for any subcode permit shall be $60.
[Amended 12-20-2010 by Ord. No. 2010-18 (1090); 2-6-2017 by Ord. No. 2017-03 (1163)]
(1) 
The Building Subcode Fees shall be as follows: (Minimum fee is $75.)
(a) 
New construction:
[1] 
Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. Use groups and types of construction are as classified and defined in Articles 3 and 4 of the building subcode.
[2] 
New residential construction in R-3, R-4 and R-5 (except as in Subsection A(1)(a)[3][a] and [b] below):
[a] 
Per cubic foot of volume: $0.037.
[3] 
Other use groups:
[a] 
Use groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2: $0.037.
[b] 
Structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d): $0.0008.
[c] 
Modular fee: $150. Fees shall be $60 per $1,000 on all site work. This shall include excavation, transportation, placement cranes, pilings, footings, foundations. Any on-site construction such as porches, decks, garages, etc., shall be calculated by volume and/or cost per $1,000.
(b) 
Renovations, alterations and repairs and site construction associated with premanufactured construction: fee based on estimated cost of the work. To determine 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 contractor's bid, if available, shall be submitted. The Construction Official shall make the final decision regarding estimated cost.
Estimated Cost of Work
Fee
$1 to $50,000
$30 per $1,000
$50,001 to $100,000
Add $23 per $1,000
Over $100,000
Add $19 per $1,000
(c) 
Additions: Fees shall be computed on the same basis as for new construction for the added portion.
(d) 
Combination renovations and additions: Fees shall be computed separately in accordance with items in Subsection A(1)(a) and (b) above.
(e) 
Temporary structures, sheds, towers, fences greater than six feet in height, open decks not attached to a principal or accessory structure, and similar structure for which volume cannot be computed: $60.
(f) 
Roofing/Siding: The fee for roofing or siding in R-3, R-4, and R-5 uses shall be: $75. All repairs and demolition associated with new roofs or siding shall be $30 per $1,000. All roofs built of asphalt rubberized, etc., for Use Group B, E, F, H, M and S shall be calculated using renovation and alteration repair fees.
(g) 
Pools:
[1] 
Aboveground: $75.
[2] 
In-ground: $250.
[3] 
Commercial: $350.
(h) 
(Reserved)
(i) 
Demolition:
[1] 
R-use group: $125.
[2] 
Others: $250.
(2) 
Plumbing subcode fees:
(a) 
Fixtures and appliances: Per fixture, piece of equipment, vent or appliance connected to the plumbing system, and for each appliance connected to the gas or oil piping system [except as listed in Subsection A(2)(b)]: minimum fee of $75 residential and $125 all others. Water service or heating system: $85 per service.
[1] 
Per device: $20.
[2] 
Premanufactured in accordance with N.J.A.C. 5:23-4:18(c)1, Subdivision, i, fees shall be computed on a unit rate as follows: $58 per $1,000.
(b) 
Special devices: grease trap, oil separators, water-cooled air conditioning units, refrigeration units, water service connections: residential $75 and all others $125. Back flow preventers equipped with test ports (double check value assembly, reduced pressure zone and pressure vacuum breaker backflow preventers), steam boilers, hot water boilers (excluding those for domestic water heating), gas or fuel oil piping, sewer pumps, interceptors, per device/condensate piping: $85 and all others $125. Sewer service connections: residential $75 and all others $125.
(c) 
For the installation or replacement of a tank for whatever purpose to be used to contain a combustible liquid:
[1] 
Tanks up to 1,000 gallons: $75 per tank.
[2] 
Tanks over 1,000 gallons: $100 per tank.
[3] 
All other use groups: $125.
(3) 
Fire protection subcode fees: Smoke detector or sprinkler not needed in attic or crawl space provided no heat in those areas.
(a) 
Fire protection and other hazardous equipment: Sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression systems, gas- and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums: minimum fee of $60.
Number of Heads
Fee
1 to 20
$100
21 to 100
$150
101 to 200
$250
201 to 400
$600
401 to 1,000
$900
Over 1,000 heads
$1,100
(b) 
Detectors (alarms):
[1] 
One to eight detectors: $75.
[2] 
For each eight additional detectors: $30.
(c) 
Standpipe, each: $275.
(d) 
Independent pre-engineered system, each: $125.
(e) 
Rooftop HVAC units: $65 each.
(f) 
Gas- or oil-fired appliance not connected to the plumbing system, each: $75.
(g) 
Kitchen exhaust system, each: $125 commercial.
(h) 
Incinerator, each: $460.
(i) 
Crematorium, each: $460.
(j) 
Tents, each: $120.
(k) 
Suppression systems other than sprinkler/CO2, foam: $125.
(l) 
Fire pumps:
Gallons per Minute
Fee
Up to 249
$125
250 to 500
$289
501 to 1,000
$460
1,001 to 2,000
$748
Great than 2,000
$1,003
(m) 
Fire Department connection: $229.
(n) 
For the installation or replacement of a tank for whatever purpose to be used for the containment of a combustible liquid.
[1] 
Tanks up to 1,000 gallons:
[a] 
Residential: $100.
[b] 
All other: $200 per tank.
[2] 
Tanks over 1,000 gallons: $100 per tank. Fuel dispensing units, each. $115: leak detection: $100.
[3] 
Abandonment or removal:
[a] 
Residential: $100.
[b] 
All other: $200 per tank.
(4) 
Electrical subcode fees:
(a) 
Fixtures and devices (shall include lighting outlets, wall switches, electric discharge fixtures, convenience receptacle or similar devices, and motors or devices of less than one horsepower or one kilowatt, burglar, fire and communication devices, etc.): minimum fee of $75.
[1] 
One to 25: $75.
[2] 
Each additional 25: $30.
(b) 
Motors or electrical devices:
[1] 
One horsepower or one kilowatt to 10 horsepower or 10 kilowatt: $35.
[2] 
Greater than 10 horsepower or 10 kilowatt to 25 horsepower or 25 kilowatts: $75.
[3] 
Greater than 25 horsepower or 25 kilowatt or greater: $150.
(c) 
Transformers and generators:
[1] 
One kilowatt or one kva to 10 kilowatts or 10 kva: $75.
[2] 
Greater than 10 kilowatts or 10 kva to 25 kilowatts or 25 kva: $100.
[3] 
Greater than 25 kilowatts or 25 kva: $150.
(d) 
Service panels, service entrance, panelboards (each):
[1] 
One to 200 amperes: $100.
[2] 
Greater than 200 amps to 1,000 amps: $200.
[3] 
Greater than 1,000 amps: $500.
(e) 
For the purpose of computing these fees, as in items Subsection A(4)(b), (c), and (d), all motors including those in plug-in appliances shall be counted, also including control equipment, generators, transformers, and all heating, cooling, cooking, or other devices consuming or generating electrical current.
(f) 
Meter reset shall be based on service conductor size.
(g) 
Signs [counted in Subsection A(4)(a) and (b), based on rating].
(h) 
Permanent pools, spas, hot tubs or fountains:
[1] 
Aboveground: $75.
[2] 
In-ground: $125.
(i) 
Annual inspection of commercial pools, spas, and hot tubs, includes issuance of certificate of compliance: $150.
(5) 
Fees applicable to Subsection A(1) through (4) above.
(a) 
Plan review fee: 20% of the amount to be charged for a new construction permit.
(b) 
Basic construction fee: the sum of the parts computed on the basis of the volume or cost of construction, the number of plumbing fixtures and equipment, the number of electrical fixtures and devices, and the number of sprinklers, standpipes, and detectors (smoke and heat) at the unit rates provided herein plus any special fees.
(c) 
Certificates and other permits:
[1] 
Demolition or removal permit:
[a] 
Structures less than 5,000 square feet in area and less than 30 feet in height, for one- or two-family residences (Use Group R-3 of the building subcode), and for structures on farms including commercial farm buildings under N.J.A.C. 5:23-3.2(d), each: $125.
[b] 
All other use groups: $250.
[2] 
Sign permit: Permit fee to construct a sign shall be in the amount of $5 per square foot surface area of the sign, computed on one side only for double-faced signs. Minimum fee: $60.
[3] 
Certificate of occupancy: $60.
[4] 
Certificate of occupancy granted pursuant to a change of use group: $150.
[a] 
To building: $60.
[b] 
To plumbing: $30.
[c] 
To fire: $30.
[d] 
To electrical: $30.
[5] 
Certificate of continued occupancy: $125.
[a] 
To building: $50.
[b] 
To plumbing: $25.
[c] 
To fire: $25.
[d] 
To electrical: $25.
[6] 
Temporary certificate of occupancy: $60 (no fee when CO fee is paid in full at the time of the initial issuance of the TCO).
[a] 
Renewal of TCO: $60.
[7] 
Elevator devices: The fee for elevator devices where applicable shall be in accordance with N.J.A.C. 5:23-12.6.
[8] 
Annual permits:
[a] 
Construction permits: 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.
[b] 
Annual permits may be issued for building/fire protection, electrical and plumbing.
[i] 
One to 25 workers (including foremen), each: $700.
[ii] 
Over 25 workers, each additional worker: $200.
[iii] 
Training registration fee, to be paid prior to issuance of an annual permit; fee shall be submitted (payable to "Treasurer, State of New Jersey"), per subcode: $150.
[9] 
Reinstatement of lapsed permit, per subcode: $60.
[10] 
For cross connections and back flow preventers subject to testing and requiring reinspection, each: $60.
[11] 
Asbestos abatement:
[a] 
Per $1,000 estimated cost of work: $34.
[b] 
Minimum fee: $80.
[c] 
Certificate of occupancy: $28.
[12] 
Lead hazard abatement.
[a] 
Fee: $176.
[b] 
Lead abatement clearance certificates: $35.
[c] 
Temporary construction trailer, office use only: $150.
[d] 
Certificates: $28.
[13] 
Tents: over 900 square feet or more than 30 feet in any dimension: $120.
[14] 
Solid-fuel-burning appliances:
[a] 
Prefab fireplace: $65.
[b] 
Wood or coal stove: $65.
[c] 
Masonry fireplace $30 per $1,000 estimated cost of complete fireplace.
B. 
Surcharge fee. In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations, the enforcing agency shall collect a state permit fee which is under the authority of the New Jersey Administrative Code. Said surcharge fee shall be remitted to the Bureau of Construction Code, 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 one month next succeeding the end of the quarter for which it is due.
C. 
The Construction Official shall, with advice of the subcode official, prepare and submit to the Borough Council of the Borough of Lavallette, biannually, a report recommending a fee schedule based on the operating expenses of the agency, and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code.
D. 
General. All fees paid under the above fee schedule shall be nonrefundable.
E. 
Posting of fee schedule. A schedule of the fees imposed by this chapter shall be posted in the office of the Construction Code Official and shall be accessible to the public.
F. 
The enforcing agency shall, on a quarterly basis, submit a summary of all activities of the agency to the Mayor and Council.

§ 20-4 Violations and penalties.

Any person, firm or corporation that shall be convicted of a violation of a provision of this article shall, upon conviction whereof by any court authorized by law to hear and determine the matter, be subject to a fine of no less than $100 and no more than $1,000, imprisonment not to exceed 90 days or community service of not more than 90 days, or any combination of fine, imprisonment and community service, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.

§ 20-5 Shared services agreement.

[Added 2-6-2017 by Ord. No. 2017-02 (1162)]
A. 
The Borough of Lavallette hereby approves and agrees to the terms of the shared services agreement by and between the Borough of Lavallette and the Borough of Seaside Park for a shared Construction Department, Zoning Department and Code Enforcement Department (hereinafter referred to as "shared departments") to be incorporated herein by reference (hereinafter referred to as the "shared services agreement") and expressly authorizes the Mayor and Clerk of the Borough of Lavallette to execute the shared services agreement on behalf of the Borough of Lavallette.
B. 
The shared departments shall be governed by this chapter and the shared services agreement by and between the Borough of Lavallette and the Borough of Seaside Park approved by the governing bodies of the Borough of Lavallette and the Borough of Seaside Park.

§ 20-6 Term of agreement; fees; salaries; employment.

[Added 2-6-2017 by Ord. No. 2017-02 (1162)]
A. 
The term of the shared services agreement shall be four years and shall commence on the date as so indicated in said agreement. Either municipality may cancel the terms of the shared services agreement with a written agreement to the other party with 90 calendar days' notice.
B. 
All permit fees, penalties and other fees charged by the shared departments for services provided in accordance with the shared services agreement shall be collected by Lavallette in accordance with the fee schedules in force within Lavallette and/or Seaside Park, deposited into Lavallette accounts or subaccounts as deemed necessary by the Chief Financial Officer of Lavallette and retained in full by Lavallette, subject to any state/county law regarding same. The parties to the agreement shall, as soon as possible after the execution of the agreement, but in no event no later than within 60 calendar days after the effective date of this agreement, amend their fee schedule(s)/ordinance(s) for all services performed pursuant to the shared services agreement in order to conform the fees for such service(s). The fees imposed by each municipality subject to the shared services agreement must be identical. In addition, during the term of this agreement, only the Borough of Lavallette may amend the fee schedules imposed with respect to all member municipalities to this agreement after consultation with the member municipalities, to which each member municipality shall amend their respective municipal ordinance(s)/fee schedule(s) to comply.
C. 
All salaries and other related costs for successful operation of the shared departments shall be the responsibility of Lavallette unless otherwise specified.
D. 
Lavallette shall determine the employment and civil service status of any new hires into the shared departments. Lavallette and Seaside Park agree that the Civil Service Commission shall have jurisdiction as set forth in the Civil Service Act, N.J.S.A. 11A:1-1, et seq. and N.J.A.C. 4A:1-1 et seq. Lavallette shall be the primary employer for purposes of N.J.S.A. 40A:65-11. For purposes of a reconciliation plan and implementation plan which may be required by the Civil Service Commission, the provisions of N.J.S.A. 40A:65-11a are adopted by reference herein.

§ 20-7 Administration of shared departments.

[Added 2-6-2017 by Ord. No. 2017-02 (1162)]
A. 
All personnel of the shared departments shall be employees of, and directed in their duties by, the Borough of Lavallette.
B. 
All employees, with the exception of clerical employees and technical assistants to the Construction Official, shall have scheduled office hours in both Lavallette and Seaside Park.
C. 
The Construction Official/Building Subcode Official and the technical assistants to the Construction Official shall be employed by Lavallette pursuant to separate and individual employment contracts. All other employees will either be covered by one general employment agreement.
D. 
The hours of all full-time and part-time personnel, as well as the compensation paid to said personnel, shall be determined solely by Lavallette.
E. 
Seaside Park and Lavallette shall both provide office space for the shared departments.
F. 
Office hours for the shared departments shall be 8:00 a.m. to 3:00 p.m., Monday through Friday, with the exception of federal, state or local holidays.
G. 
Seaside Park shall provide the use of four vehicles for use by the inspectors/subcode officials, etc., in the performance of their duties. The vehicles shall not be used for transportation to and from work nor leave the jurisdiction of the Borough of Seaside Park except to get fuel from the pumps in Lavallette by any employees of the shared departments. Lavallette shall provide the fuel for such vehicles. Vehicle maintenance and insurance remains the responsibility of Seaside Park as vehicle owner.
H. 
All office materials and supplies for the shared departments shall be provided by Lavallette.
I. 
Current computers in the present Seaside Park construction/zoning/code enforcement office shall remain the property of Seaside Park. Seaside Park must maintain same in good working order such that they are available for use by the shared departments. In the event that such property needs replacement, Lavallette shall provide the equipment and shall maintain ownership of same.
J. 
All computer software programs needed for the operation of duties related to construction/zoning/code enforcement will be determined and provided by Lavallette and be the property of Lavallette.