[HISTORY: Adopted by the Township Committee of the Township of Harding 12-30-1976 by Ord. No. 12-76 (Ch. 55 of the 1990 Code). Amendments noted where applicable.]
There is hereby established in the Township of Harding a State Uniform Construction Code enforcing agency to be known as the "Township of Harding Uniform Construction Code Enforcing Agency," consisting of a Construction Official, building subcode official, plumbing subcode official, electrical subcode official, fire protection subcode official and such other subcode officials or assistants 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. All subcode officials and assistants shall be appointed by the Township Committee.
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.
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
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.
[Amended 12-27-1979 by Ord. No. 18-79]
The fee for a construction permit shall be the sum of the subcode fees listed in Subsection A(1) through (3) hereof and shall be paid before the permit is issued.
[Amended 3-10-1980 by Ord. No. 4-80; 3-12-1990 by Ord. No. 1-90]
The fee for plan review shall be as provided in Chapter 171, Fees, and shall be paid before the plans are reviewed. The amount paid for this fee shall be credited toward the amount of the fee to be charged for the construction permit.
The fee for a permit for demolition of a building or structure shall be as provided in Chapter 171, Fees.
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 as provided in Chapter 171, Fees.
The fee for a permit to construct a sign shall be as provided in Chapter 171, Fees. In the case of double-faced signs, the area of the surface of only one side of the sign shall be used for purposes of the fee computation.
Certificates of occupancy.
The fee for a certificate of occupancy granted pursuant to a change of use shall be as provided in Chapter 171, Fees.
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Township Committee 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 Act.
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
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, in addition to the fees specified above, a surcharge fee as provided in Chapter 171, Fees. Said surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarter 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 3-12-1990 by Ord. No. 1-90]
The enforcing agency shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year in which the regulations first become effective, said report shall be for the third and fourth quarters only.
All applications to the Construction Official for building permits shall be accompanied by a location survey, in duplicate and drawn to a scale of not less than one inch equals 50 feet, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the location of the building upon the lot, the dimensions of all open spaces, the established building lines within the block and such information as may be necessary to provide for the enforcement of Chapter 225, Land Use and Development.
The Building Inspector shall not issue a building permit for any building to be used otherwise than as a one-family private dwelling or as an accessory building thereto, until an environmental impact statement shall have been submitted to and approved by the Harding Township Planning Board, as required by Chapter 225 of this Code.
[Added 12-11-1978 by Ord. No. 20-78; amended 3-12-1990 by Ord. No. 1-90]
Approval. No building permit for an accessory building or structure, no soil erosion control permit and no grading permit shall be issued prior to the approval by the Harding Township Board of Health, the Sanitary Inspector or another authorized representative of the Board of the location of the land disturbance or the accessory building or structure with respect to the location on the same premises of the component parts of the sewerage disposal system, including the reserve area. The term "land disturbance," as used in this section, shall mean any activity involving the clearing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion. Upon the submission to the Board of Health of a location survey as required by § 55-4, together with an application fee in amounts determined by the Board of Health and set forth in Chapter 171, Fees, the Board of Health, the Sanitary Inspector or another authorized representative of the Board shall approve, condition its approval or disapprove of the location of the proposed land disturbance or accessory building or structure within 15 days of the submission or within such further time as may be consented to by the applicant. In the event that the Board or its representative fails to take action within the fifteen-day period specified herein, then the Board of Health shall be deemed to have granted approval of the location. Where records are available to show that the proposed building or structure, excavation, cut, grading or other land disturbance would be located in violation of Chapter 422, Article I, or where on-site inspection so indicates, the Board of Health, the Sanitary Inspector or the Board's other representative may disapprove the proposed location.
[Amended 7-10-1995 by Ord. No. 6-95]
Any person aggrieved by the decision of the representative of the Board of Health shall have the right to appeal such decision to the Board. Such appeal shall be by written notice stating the reasons upon which the appeal is based and filed with the Board within 10 days of the decision, together with a fee as provided in Chapter 171, Fees, for the appeal. The Board of Health shall hear the matter, upon notice to the applicant, within 35 days after the filing of said notice of appeal. The Board may, in its discretion and upon complete review of the application and after hearing relevant testimony, reverse, modify or affirm the aforesaid decision. If the Board shall not act within 35 days of the filing of the notice of appeal, the decision being appealed shall be deemed to have been affirmed by the Board.
[Added 12-10-1979 by Ord. No. 15-79]
Prior to the issuance of a building permit, the applicant shall submit to the Building Inspector written statements from the serving utilities indicating that all utilities have been advised that underground installation of new utility service or repairs of or additions to existing underground service (but not repairs of or additions to existing overhead electric or telephone lines) is required and have received a plot plan of the premises.
[Added 3-10-1997 by Ord. No. 1-97; amended 4-2-2003 by Ord. No. 4-03]
The Construction Official shall give notice to the Historic Preservation Commission regarding an application for demolition, alteration or relocation of any structure built prior to January 1, 1915, or of any structure which is designated as historic or located within an historic district as established in the then-current Master Plan of the Township of Harding. Such notice shall advise the Historic Preservation Commission of the pending application, including the address of the applicant. The Construction Official shall maintain a file in the Municipal Building where the application and materials relating thereto may be examined by members of the Historic Preservation Commission or its designated representatives. The Historic Preservation Commission may, if it so elects, submit an advisory report to the applicant relating to the historic aspects of the application.
The Construction Official shall not issue a demolition permit for buildings subject to demolition delay pursuant to § 225-114 of Chapter 225 of this Code until the provisions in § 225-114 have been complied with or permits with respect to all other applications subject to Subsection A above until the earlier of the date the Construction Official receives a copy of a written report from the Historic Preservation Commission to the applicant or 20 business days from the date that the notice required by Subsection A above is sent to the Historic Preservation Commission by the Construction Official.