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Township of Lopatcong, NJ
Warren County
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Table of Contents
Table of Contents
Code
New Laws (26) Index
[HISTORY: Adopted by the Township Council of the Township of Lopatcong 6-15-1977 as Ord. No. 288 (Ch. 49 of the 1974 Code of the Township of Lopatcong). Section 93-5A amended at time of adoption of Code; Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 85.
Fire prevention — See Ch. 119.
Heating equipment — See Ch. 133.
Zoning and land use — See Ch. 243.
A. 
There is hereby established in the Township of Lopatcong, Warren County, New Jersey, a State Uniform Construction Code enforcing agency to be known as the "Building Department" 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. 271,[1] 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 such position.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
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. 
Definitions. The following terms, whenever used or referred to in this chapter, shall have the following meanings for the purposes of this chapter, unless a different meaning clearly appears from the context:
[Added 11-20-1991 by Ord. No. 1991-32]
HOME MAINTENANCE
The replacement or repair of any portion of an existing one- or two-family dwelling without altering the dimensions of the existing exterior framework or altering the structural integrity of any support beam(s). Examples of "home maintenance" shall include but are not limited to the following
[Amended 12-2-1998 by Ord. No. 1998-29]
(1) 
Window/door replacements, without changing the opening's size or dimensions.
(2) 
Sidewalk replacement.
(3) 
Fence six feet and under.
[Amended 9-5-2001 by Ord. No. 2001-26]
(4) 
Sheds 10 feet by 10 feet by 10 feet and under.
[Amended 3-7-2001 by Ord. No. 2001-08]
(5) 
Signs four square feet to 25 square feet in surface area (one side) and not more than six feet above ground-mounted height).
[Added 9-5-2001 by Ord. No. 2001-26]
Appeals from the decisions by the enforcing agency shall be made to the Warren County Board of Appeals pursuant to Article XV of the New Jersey Uniform Construction Code regulations.
[Amended 5-19-1982 by Ord. No. 365; 4-20-1988 by Ord. No. 1988-5; 12-20-1989 by Ord. No. 1989-25; 5-16-1990 by Ord. No. 1990-21; 5-15-1991 by Ord. No. 1991-15]
A. 
The building subcode fees shall be as follows, provided that the minimum fee shall be $55:
[Amended 11-20-1991 by Ord. No. 1991-32; 6-17-1992 by Ord. No. 1992-10; 6-17-1992 by Ord. No. 1992-11; 3-2-1994 by Ord. No. 1994-05; 12-2-1998 by Ord. No. 1998-28; 3-7-2001 by Ord. No. 2001-08; 9-5-2001 by Ord. No. 2001-26; 3-5-2008 by Ord. No. 2008-03; 5-5-2010 by Ord. No. 2010-03]
(1) 
For new construction:
(a) 
Use Groups B, H, I-1, I-3, M, E, R-1, R-2, R-3, R-4, R-5, U: $0.034 by cubic feet of volume.
(b) 
Use Groups A-1, A-2, A-3, A-4, F-1, F-2, S-1, S-2: $0.019 by cubic feet of volume.
(c) 
Farm use building, exclusively used for storage of food, grain, or the sheltering of livestock: $0.0010 by cubic feet of volume. The maximum fee shall be $1,060.
(2) 
For renovations, alterations and repairs:
(a) 
Estimated cost up to and including $50,000: $30 per $1,000.
(b) 
Estimated cost of $50,001 up to and including $100,000: $23 per $1,000.
(c) 
Estimated cost above $100,000: $19 per $1,000.
(3) 
There shall be a ten-dollar permit fee for any minor property maintenance, which shall include aluminum or vinyl siding, sidewalk replacement, a fence (six feet and under - excluding public or private swimming pool fences), replacement of windows (without altering the dimensions or framing of the original opening) and porches (provided no structural changes incurred). The Construction Code Official shall make a determination as to whether the proposed change in structure shall be considered minor property maintenance or other such improvements requiring a permit fee pursuant to the schedules contained herein. If the Construction Official determines that the total amount of the proposed job is less than 25%, it is a no-fee permit.
(4) 
Flat fees.
Structure or Improvement
Fee
Pool
Aboveground
$65
Inground
$200
Fence (greater than six feet and/or fences for public or private swimming pools)
$55
Sheds (greater than 100 square feet or over 10 feet high)
$55
Gazebo
$55
Roof
Residential
$55
All other use groups
$75
Siding
$55
Windmill
$75
Towers
$75
(5) 
Combination of renovations and additions: The fee shall be the sum computed separately as renovations and additions.
(6) 
No fee is required for ordinary repairs as the term is defined by regulations promulgated by the state.
(7) 
Plan review fees.
(a) 
All use groups, the fee for plan review shall be 20% of the amount to be charged for a construction permit.
(8) 
Commercial solar systems. For solar photovoltaic systems for any use group or accessory thereof, the fee shall be based on the total number of solar photovoltaic modules being installed as follows:
[Added 6-5-2013 by Ord. No. 2013-06]
(a) 
One to 100 modules, the fee shall be $150.
(b) 
One hundred and one to 250, the fee shall be $375.
(c) 
Two hundred fifty-one to 500, the fee shall be $700.
(d) 
Greater than 500 modules, the fee shall be an additional $1 per module. All other electrical devices, other than solar photovoltaic modules, shall be a separate fee based on the ampere or kilowatt rating of the device.
B. 
Plumbing subcode fees shall be as follows:
[Amended 11-20-1991 by Ord. No. 1991-32; 6-17-1992 by Ord. No. 1992-14; 4-3-1996 by Ord. No. 1996-04; 9-6-2006 by Ord. No. 2006-18]
(1) 
The minimum plumbing fee shall be $50 for the first four fixtures or gas appliances, each thereafter shall be $13. Special devices shall be $75.
[Amended 5-5-2010 by Ord. No. 2010-03]
(2) 
Description of fixtures and special devices are as follows:
(a) 
Plumbing fixtures. A plumbing fixture is described as a receptacle which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water therefrom or discharges used water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises, or which requires both a water supply connection and a discharge to the drainage system of the premises. Plumbing appliances as a special class of fixture are further defined below.
[1] 
A general description of these fixtures is as follows, but not limited to:
Water closets
Bidets
Urinals
Shower stalls
Lavaratories
Soaking tubs
Floor drains
Clinic sinks
Laundry sinks
Hand washing sinks
Two- and three-bay sinks
Dental units or cuspidors
Vegetable soaking sinks
Drinking fountains
Hose bibbs
Fuel oil piping
Radon piping
Food waste grinders
Dishwashers (residential or commercial)
Kitchen sinks (private or restaurant)
Water heaters (electric, gas or oil fired)
Baseboard heating piping (heat loops)
Washing machines (residential or commercial)
[2] 
Gas piping shall be as per appliance:
Furnaces
Space heaters
Boilers
Clothes dryers
Ranges
Fireplace inserts
Water heaters
Barbecue grills
Outside sidewalk and driveway lamps
Ceiling heaters
(b) 
Special devices. A special device may be defined as one of a special class of plumbing fixtures which is intended to perform a special function. Its operation and/or controls may be dependent upon one or more energized components, such as motors, controls, heating elements, or pressure- or temperature-sensing elements. Such fixtures may operate automatically through one or more of the following actions: time cycle, a temperature range, a pressure range, a measured volume or weight; or the device may be manually adjusted or controlled by the user or operator. A general description of the special devices is as follows, but not limited to:
[Amended 6-3-2009 by Ord. No. 2009-05]
Steam boilers
Active solar systems
Hot water boilers
Sewer pumps (mechanical)
Sewer ejectors (pneumatic)
Oil interceptors
Lawn sprinkling systems
Grease interceptors
Swimming pools
Sand interceptors
Baptisteries tanks
Oil tanks
Propane tanks
Water-cooled air conditioning
Ornamental or lily pools
Water-cooled refrigeration unit
Fountain basins
Water softeners
Aquarium tanks
Autopsy tables
Aspirators
Sewer lines (residential and commercial)
Waterservices (residential and commercial)
Agriculture type of water feeders for animals
Backflow preventors (excluding boilers - only those that have test ports) installed between wells and public water supplies
Hospital and clinical fixtures that require protection from contaminating the water supply
Second water meter.
C. 
Electrical subcode fees.
[Amended 11-20-1991 by Ord. No. 1991-32; 6-17-1992 by Ord. No. 1992-12; 3-2-1994 by Ord. No. 1994-05; 4-3-1996 by Ord. No. 1996-04; 7-3-1996 by Ord. No. 1996-12; 5-29-2001 by Ord. No. 2001-20; 9-6-2006 by Ord. No. 2006-18; 3-5-2008 by Ord. No. 2008-03; 5-5-2010 by Ord. No. 2010-03]
(1) 
The minimum electrical fee shall be $50.
(2) 
Electrical fixtures and devices:
(a) 
Receptacles, fixtures or switches.
[1] 
Fee.
[a] 
From one to 50 receptacles, fixtures, or switches (15 to 20 amp only): $50.
[b] 
Increments of 25 additional items: $10.
[c] 
For each receptacle (30 to 50 amp only): $15.
[d] 
Greater than 50 amp: $36.
[2] 
For the purposes of computing this fee, the term "receptacles, fixtures or switches" shall include: lighting outlets, thermostats, telephone outlets, CRT outlets, fluorescent fixtures, burglar alarm and intercom devices.
(b) 
For each light standard greater than eight feet in height, including luminaries, and for each communications emergency light, electric sign, exit light or similar electric fixture and device rated 10 amperes or less including motors or equipment rated less than one horsepower (hp) or one kilowatt (kw): $15.
(3) 
Motors.
Number of Horsepower
Fee
1 or less than or equal to 10
$15
Greater than 10 or less than or equal to 50
$58
Greater than 50 or less than or equal to 100
$116
Greater than 100
$576
(4) 
Electrical devices, includes transformers and generators.
(a) 
Based on kilowatts (kw).
[1] 
One kw or less than or equal to 10 kw: $15.
[2] 
Greater than 10 kw or less than or equal to 45 kw: $58.
[3] 
Greater than 45 kw or less than or equal to 112.5 kw: $116.
[4] 
Greater than 112.5 kw: $76.
NOTE: Actual nameplate kw rating must be noted on application to assure no delay in permit issuance.
(b) 
Average field ratings:
Device
Rating (kw)
Electric dryer
5.0
Electric range
10.8
Surface units
5.1
Geothermal
KW range of 3.8 to 19.2 + heat pump 2.6 to 7.4
Electric baseboard heat, 4-foot length
1.0
Hard-wired microwave ovens
1.44
Hot water heater
4.5
Central air (per ton)
1.4
Dishwasher
1.2
(5) 
Service equipment. Term includes service panel, service entrance and subpanels; each equipment piece priced as follows:
Number of Amps
Fee
Greater than zero but less than or equal to 225
$58
Greater than 225 but less than or equal to 1,000
$116
Greater than 1,000
$576
(6) 
Pools.
(a) 
Aboveground pool: $65.
(b) 
Inground pool: $100.
(7) 
Smoke detectors and heat detectors/residential: $26.
(8) 
Light standards, less than eight feet in height: refer to Subsection C(2)(b) above.
(9) 
Hydro massage tub: $50.
(10) 
Communications closet. Price does not include devices; refer to Subsection C(21) above: $26.
(11) 
Common miscalculations:
(a) 
Temporary pole construction: average service panel 1 GFI Rec 21.00: $50.
(b) 
Central air: typical reside: fractional air handler or attic fan, attic lighting and receptacle outlet: $50.
(c) 
Annual inspection of public swimming pools, spas, and hot tubs: $50.
D. 
Demolition fees shall be as follows:
[Amended 6-17-1992 by Ord. No. 1992-11; 12-2-1998 by Ord. No. 1998-28]
(1) 
Structures of less than 5,000 square feet and less than 30 feet in height, one- and two-family residences (R-3) and structures on farms, including commercial farm buildings used exclusively for storage of food or grain or sheltering of livestock: $60.
(2) 
All other use groups: $111.
E. 
Sign permits. The fee shall be as follows for signs greater than 25 square feet in surface area (one side) and/or more than six feet above the ground (mounted height):
[Amended 6-17-1992 by Ord. No. 1992-11; 12-2-1998 by Ord. No. 1998-28; 9-5-2001 by Ord. No. 2001-26]
(1) 
Per square foot: $1.11.
(2) 
Minimum fee: $43.
F. 
Certificate of occupancy fees shall be as follows:
(1) 
The fee shall be in the amount of 10% of the new construction permit. The minimum fee shall be $111.
(2) 
One- and two-family (R-3) structures of less than 5,000 square feet and less than 30 feet in height and structures on farms, including commercial farm buildings used exclusively for storage of food or grain, or sheltering livestock: the minimum fee shall be $60.
(3) 
All other use groups: $111.
[Added 12-2-1998 by Ord. No. 1998-28]
(4) 
[1]Use group change: $120.
[Amended 12-2-1998 by Ord. No. 1998-28]
[1]
Editor's Note: Former Subsection F(5), which immediately followed this subsection and provided the fee for certificates of approval for each subcode, was repealed 3-2-1994 by Ord. No. 1994-05.
(5) 
Certificate of continued occupancy; $111.
[Amended 12-2-1998 by Ord. No. 1998-28]
(6) 
Asbestos certificate of occupancy: $14.
[Added 12-2-1998 by Ord. No. 1998-28]
(7) 
Lead abatement of clearance certificate: $28.
[Added 12-2-1998 by Ord. No. 1998-28]
(8) 
Training fees: in accordance with N.J.A.C. 5:23-4.19.
[Added 12-2-1998 by Ord. No. 1998-28]
(9) 
Asbestos abatement: in accordance with N.J.A.C. 5:23-8.9.
[Added 12-2-1998 by Ord. No. 1998-28]
G. 
Fire subcode fees shall be as follows:
[Amended 6-17-1992 by Ord. No. 1992-13; 3-5-1997 by Ord. No. 1997-02; 12-2-1998 by Ord. No. 1998-28; 4-7-1999 by Ord. No. 1999-08; 3-5-2008 by Ord. No. 2008-03; 5-5-2010 by Ord. No. 2010-03]
(1) 
Sprinkler heads.
Number of Sprinkler Heads
Fee
1 to 20
$82
21 to 100
$151
101 to 200
$289
201 to 400
$748
401 to 1,000
$1,036
Over 1,000
$1,323
(2) 
Heat/smoke detectors.
Alarm/Supervisory/ Signaling
Fee
1 to 20
$50
21 to 100
$120
101 to 200
$212
201 to 400
$550
401 to 1,000
$761
Over 1,000
$972
(3) 
Each standpipe: $289.
(4) 
Each independent preengineered system: $92.
(5) 
Each gas- or oil-fired appliance which is not connected to the plumbing system: $50.
(6) 
Each kitchen exhaust system: $50.
(7) 
Each incinerator/crematorium: $365.
(8) 
Minimum fee: $50.
H. 
Elevator fees.
[Added 3-2-1994 by Ord. No. 1994-05]
(1) 
Semiannual inspections (six-month routine) [N.J.A.C. 5:23-12.6(b)1]:
(a) 
Traction and drum elevators:
[1] 
One to 10 floors: $151 each.
[2] 
Over 10 floors: $194 each.
(b) 
Hydraulic elevators: $108 each.
(c) 
Roped hydraulic elevators: $151 each.
(d) 
Escalators and moving walks: $151 each.
(2) 
Annual inspections (one-year periodic) [N.J.A.C. 5:23-12.6(b)2]:
(a) 
Traction and drum elevators:
[1] 
One to 10 floors: $216 each.
[2] 
Over 10 floors: $259 each.
(b) 
Hydraulic elevators: $162 each.
(c) 
Roped hydraulic elevators: $216 each.
(d) 
Escalators and moving walks: $346 each.
(e) 
Dumbwaiters: $86 each.
(f) 
Manlifts and wheelchair and stairway chairlifts: $130 each.
(g) 
Auxiliary device charge if included [N.J.A.C. 5:23-12.6(b)3]:
[1] 
Oil buffers: $43 each.
[2] 
Counterweight governor and safeties: $86 each.
[3] 
Auxiliary power generator: $54 each.
(3) 
Three-year inspections [N.J.A.C. 5:23-12.6(b)4]:
(a) 
Hydraulic and roped hydraulic elevators: $270 each.
(4) 
Five-year inspections [N.J.A.C. 5:23-12.6(b)4]:
(a) 
Traction elevators:
[1] 
One to 10 floors: $367 each.
[2] 
Over 10 floors: $410 each.
(b) 
Hydraulic and roped hydraulic elevators: $162 each.
(5) 
Acceptance inspections [N.J.A.C. 5:23-12.6(a)1]:
(a) 
Traction and drum elevators:
[1] 
One to 10 floors: $243 each.
[2] 
Over 10 floors: $405 each.
(b) 
Hydraulic elevators: $216 each.
(c) 
Roped hydraulic elevators: $243 each.
(d) 
Escalators and moving walks: $216 each.
(e) 
Dumbwaiters: $54 each.
(f) 
Manlifts and wheelchair and stairway chairlifts: $54 each.
(g) 
Elevator devices in Use Group R-3 or R-4 [N.J.A.C. 5:23-12.6(a)3]: $162 each.
(h) 
Alterations [N.J.A.C. 5:23-12.6(a)4]: $54 each.
(i) 
Auxiliary device charges if included [N.J.A.C. 5:23-12.6(a)2]:
[1] 
Oil buffers: $43 each.
[2] 
Counterweight governor and safeties: $108 each.
[3] 
Auxiliary power generator: $81 each.
(6) 
Plan review fees [N.J.A.C. 5:23-4.20(C)6 and 7]:
(a) 
Single-family access Use Group R-2: $50 each.
(b) 
Use Groups R-3 and R-4: $50 each.
(c) 
All other use groups: $260 each.
(7) 
In regard to all elevator permits, there shall be an administration charge of 15%
I. 
Combination fee schedule for special individual replacement devices.
[Added 5-5-2010 by Ord. No. 2010-03]
(1) 
Boiler, furnace, water heater and air conditioner: plumbing, fire, electrical subcode: $96.
(2) 
Air conditioning: plumbing and electrical subcode: $76.
(3) 
Air conditioning with ductwork: plumbing, electrical, building subcode: $110.
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Council of the Township of Lopatcong, 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.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
[Amended 2-19-1992 by Ord. No. 1992-02; 3-2-1994 by Ord. No. 1994-05; 12-27-2006 by Ord. No. 2006-39]
A. 
In order to provide for the training and certification and technical support programs required by the Uniform Construction Code Act and 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.), the enforcing agent shall collect, in addition to the fees specified above, a surcharge of $0.00265 per cubic foot volume of new buildings and additions. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The fee for all other construction shall be $1.35 per $1,000 of value of construction. Said surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, as required by the state.
B. 
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 year. In the fiscal year in which the regulations first become effective, said report shall be for the third and fourth quarters only.
Penalties for violation of this chapter shall be in accordance with the penalties set forth in the Uniform Construction Code of the State of New Jersey.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-138.
In the event that regulations now or hereafter adopted set mandatory standards, rules, fees or other matters which are inconsistent with the provisions of this chapter, then the provisions of this chapter shall be deemed amended to comply with the provisions of said regulations that are mandatory.
[Added 2-1-2006 by Ord. No. 2006-2]
The following fees are to be paid in compliance with the GIS fees:
A. 
Building certificate of occupancy: $20.
[Amended 12-27-2006 by Ord. No. 2006-38]
B. 
Fire subcode permits: $10.
[Amended 12-27-2006 by Ord. No. 2006-38]
C. 
Plumbing subcode permits: $10.
D. 
Demolition subcode permits: $10.
E. 
Building certificate of occupancy: $10.