Township of Lower, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Lower by Ord. No. 76-40[1] (Sec. 9-1 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Licensing of builders and contractors — See Ch. 191.
Moving of buildings — See Ch. 199.
Unfit buildings — See Ch. 206.
Construction equipment and sites — See Ch. 242.
Construction permits — See Ch. 254.
Electrical standards — See Ch. 291.
Fire prevention — See Ch. 340.
Housing standards — See Ch. 380.
Land development — See Ch. 400.
Payment of taxes required prior to issuance of licenses and permits — See Ch. 413, Art. I.
Numbering of buildings — See Ch. 448.
[1]
Editor's Note: This ordinance provided that it takes effect 1-1-1977.
There is hereby established in the Township a State Uniform Construction Code Enforcing Agency to be known as the "Department of Construction Inspection," 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. The Township Building Inspector shall serve as Construction Official. The Assistant Building Inspector shall serve as Building Subcode Official. The Plumbing Inspector shall serve as Plumbing Subcode Official. The Electrical Inspector shall serve as Electrical Subcode Official.
Each official position created in § 235-1 hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended,[1] 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.
[1]
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 by Ord. No. 76-41; Ord. No. 77-50; Ord. No. 83-4; Ord. No. 89-12; Ord. No. 89-23; Ord. No. 91-15; Ord. No. 91-18; Ord. No. 92-28; Ord. No. 99-9]
A. 
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 11-3-2003 by Ord. No. 2003-14; 8-21-2006 by Ord. No. 2006-16]
(1) 
The building subcode fee shall be:
[Amended 10-4-2010 by Ord. No. 2010-10; 5-15-2017 by Ord. No. 2017-07]
(a) 
For new construction: $0.36 per cubic foot of building or structure volume; provided that the minimum fee shall be $60 for one- and two-family dwellings. For all other uses the minimum fee shall be $75.
(b) 
For renovations, alterations, repairs or any other construction which cannot be computed in cubic feet the fee shall be $40 per $1,000 of estimated labor and material cost for one- and two-family dwellings; provided that the minimum fee shall be $60. For all other uses the fee shall be $35 per $1,000 of estimated cost for labor and material, with a minimum fee of $85.
(c) 
For additions: $0.36 per cubic foot of added building or structure volume; provided that the minimum fee shall be $60 for one-and two-family dwellings. For all other uses the minimum fee shall be $85.
(d) 
For combinations of renovations and additions: the sum of the fees computed separately as renovations and additions.
(e) 
The fee for reroofing and re-siding work done on one- and two-family dwellings: $75. The fee for similar work on any other structure shall be $50 per $1,000 of estimated labor and material cost, with a minimum fee of $100.
(f) 
Temporary structures and all structures for which volume cannot be computed, such as fences over six feet, shall be charged a fee of $200. The fee for swimming pools shall be, for in-ground pools: $200; for aboveground pools, spas and hot tubs less than 18 feet in the greatest dimension: the fee shall be $110; for aboveground pools, spas and hot tubs 18 feet or larger: the fee shall be $150. The fee for fences to enclose swimming pools, hot tubs, spas, etc.: the fee shall be $40 per estimated labor and material costs, with a minimum fee of $60.
(g) 
The fee for asbestos abatement shall be $125.
(h) 
The fee for lead hazard abatement shall be $176.
(i) 
The fee for demolition or removal of one- and two-family dwellings shall be $150, all other structures shall be $250, except that garages and sheds associated with residential dwellings shall be $60. Partial demolition shall be charged at the rate of $50 per $1,000 of estimated cost.
(j) 
The fee for a permit to construct a sign shall be $7 per square foot of surface area of the sign, provided that the minimum fee shall be $70. In the case of double-faced signs, the area of one side shall be used to compute the fee.
(k) 
The fee for the construction of a retaining wall associated with a Class Three one- or two-family dwelling shall be $200 for a wall with a surface area greater than 550 square feet and $100 for a retaining wall with a surface area of less than 550 square feet. Retaining walls for all other uses shall be $35 per $1,000 of estimated labor and material costs, with a minimum fee of $200.
(l) 
The fee for tents and tensioned membrane structures shall be $250, said fee to be required only in the event that the tent or tensioned membrane structure is: (i) greater than 30 feet in any direction, (ii) greater than 900 square feet, (iii) utilizing a permanent anchoring system, (iv) in place for more than 180 days, (v) used or occupied between December 1 and March 31, or (vi) utilizing platforms or bleachers more than 11 feet in height.
(2) 
The plumbing subcode fee shall be:
[Amended 10-4-2010 by Ord. No. 2010-10; 5-15-2017 by Ord. No. 2017-07]
(a) 
The fee per fixture connected to the plumbing system for a one- and two-family dwelling shall be $20, with the minimum fee of $50. The fee for all other use groups shall be $25, except for special devices.
(b) 
The following special devices shall be charged at the rate of $17 per fixture: urinals, group showers per head, drinking fountains, ice machines, dental cuspidors, domestic hot-water heaters, each device connected to a propane, natural gas or oil piping system, propane tanks, provided that the minimum fee shall be $45.
(c) 
The following special devices shall be charged at the rate of $90 per device: grease traps, sand traps, oil separators, refrigeration units, utility service connections, backflow preventers, steam boilers and hot-water boilers associated with home heating for one- and two-family dwellings, active solar systems in one- and two-family dwellings, sewer pumps and interceptors. Utility service connections associated with one- and two-family dwellings shall be $90.
(d) 
The following special devices shall be charged at the rate of $90 per device: commercial food grinders, commercial dishwashers, water-cooled air-conditioning units, steam and hot-water boilers in other than one- and two-family dwellings, active solar systems in other than one- and two-family dwellings.
(3) 
The electrical subcode fee shall be:
[Amended 5-7-2007 by Ord. No. 2007-11; 10-4-2010 by Ord. No. 2010-10; 5-15-2017 by Ord. No. 2017-07]
(a) 
The fee for electrical fixtures or devices shall be: $55 for the first 50 devices, $15 for each additional 25 devices. For the purpose of computing this fee, fixtures or devices shall include lighting fixtures, wall switches, fluorescent fixtures, convenience receptacles or similar fixtures, sensors, dimmers, alarm devices, smoke and heat detectors, communications outlets, light standards eight feet or less in height, including luminaires, emergency lights, exit signs, signs or similar fixtures and devices rated at 20 amperes or less, including motors or equipment rated at less than one horsepower or one kilowatt. In each case the minimum fee shall be $55.
[Amended 12-18-2017 by Ord. No. 2017-16]
(b) 
For each motor or electrical device greater than one horsepower and less than or equal to 10 horsepower; transformers and generators greater than one kilowatt and less than or equal to 10 kilowatts; each replacement of branch wiring involving one branch circuit or part thereof; each storable pool or hydromassage bath tub; each underwater lighting fixture; household electric cooking equipment rated up to 16 kilowatts; each fire, security or burglar alarm control unit; receptacle rated at 30 amperes to 50 amperes; each light standard greater than eight feet in height, including luminaires; and for each communication closet the fee shall be $15. In each case the minimum fee shall be $55.
[Amended 12-18-2017 by Ord. No. 2017-16]
(c) 
For each motor or electrical device rated between 10 horsepower and 50 horsepower or between 10 kilowatts and 50 kilowatts; for each service equipment, service entrance, subpanel, panel board, switch board, switch gear, motor control center, or disconnecting means rated less than or equal to 200 amperes; and for all transformers and generators rated between 10 kilowatts and 45 kilowatts or between 10 kilo volt amperes and 45 kilo volt amperes; for each electric sign rated between 20 amperes and 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 $58.
(d) 
For each motor or electrical device rated between 50 horsepower and 100 horsepower or between 50 kilowatts and 100 kilowatts; for each service panel, service entrance, subpanel, panel board, switch board, switch gear, motor control center or disconnecting means rated between 225 amperes and 1,000 amperes; and for all transformers and generators rated between 45 kilowatts and 112.5 kilowatts or between 45 kilo volt amperes and 112.5 kilo volt amperes the fee shall be $116.
(e) 
For each motor or electrical device rated greater than 100 horsepower or 100 kilowatts; for each service panel, service entrance, subpanel, 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 112.5 kilowatts or 112.5 kilo volt amperes the fee shall be $576.
(f) 
The fee for aboveground pools less than 18 feet in the greatest dimension shall be $75. For pools 18 feet and larger, the fee shall be $75; for in-ground pools, the fee shall be $75.
(g) 
(Reserved)
(h) 
In each case, the minimum fee shall be $60 for one- and two-family dwellings; for all other uses the minimum fee shall be $75.
(i) 
For photovoltaic systems, the fee shall be:
[1] 
For systems rated 1 to 50 kw: $70.
[2] 
For systems rated 51 to 100 kw: $125.
[3] 
All systems over 100 kw: $600.
(4) 
The fire suppression fee shall be:
[Amended 10-4-2010 by Ord. No. 2010-10; 5-15-2017 by Ord. No. 2017-07]
(a) 
Sprinkler system:
Number of Heads
Fee
1 to 20
$90
21 to 100
$170
101 to 200
$325
201 to 400
$775
401 to 1,000
$1,100
Over 1,000
$1,550
(b) 
Total flooding systems: The fee shall be $125.
(c) 
Range hood suppression system: The fee shall be $130.
(d) 
Stand pipe installations: The fee for each standpipe shall be $300.
(e) 
Fire pumps: The fee shall be:
Gallons per Minute
Fee
1 to 250
$170
251 to 500
$200
501 to 1,000
$300
Over 1,001
$450
(f) 
Automatic fire detection system: The fee for the first 12 smoke/heat detectors shall be $75. The fee for each additional unit shall be $5 per unit. The flat fee for single- and multiple-station smoke/heat detectors and fire alarm systems in one- and two-family dwellings shall be $60.
(g) 
Manual fire alarm systems: The rate shall be $50 per zone up to four zones. All additional zones over four shall be computed at $20 per zone, with a minimum fee of $60.
(h) 
Smoke removal and/or smoke control systems: The fee shall be $20 per $1,000 of estimated costs for labor and materials for the system up to $50,000. Over $50,000 estimated costs, the fee shall be $15 per $1,000 of estimated costs for labor and materials. The minimum fee shall be $250.
(i) 
Fireplaces, wood burning stoves and solid-fuel-burning appliances: There shall be a flat fee of $50 for one- and two-family dwellings. For all other uses the fee shall be $30 per $1,000 of estimated costs for labor and materials, with a minimum fee of $60.
(j) 
Gas and oil-fired appliances that are not connected to the plumbing system shall be $70.
(k) 
Kitchen exhaust systems: The fee shall be $50 per $1,000 of estimated costs for labor and materials for the unit exclusive of plumbing, electric, ductwork and flue, with a minimum fee of $150.
(l) 
Installation and removal of flammable and combustible liquid storage tanks: The fee shall be $20 per $1,000 of estimated costs for the installation or removal of tanks. The minimum fee shall be $75 for one- and two-family dwellings, and $150 for all other uses.
(m) 
Crematoriums and incinerators: The fee shall be $460 for each crematorium or incinerator.
(5) 
The fee for plan review shall be 20% of the amount to be charged for the construction permit 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, if issued.
(6) 
The fee for a certificate of occupancy shall be 15% of the cost of the total permit, with a minimum of $50. The fee for the first issuance and renewal of a temporary certificate of occupancy shall be $50. There shall be no fee for the first issuance of a temporary certificate of occupancy, provided that the fee for the certificate of occupancy is prepaid.
[Amended 10-4-2010 by Ord. No. 2010-10; 5-15-2017 by Ord. No. 2017-07]
(7) 
The fee for a continued certificate of occupancy shall be $151.
[Amended 10-4-2010 by Ord. No. 2010-10]
(8) 
The fee for a certificate of occupancy pursuant to a change of use shall be $151.
[Amended 10-4-2010 by Ord. No. 2010-10]
(9) 
The fee for a certificate of occupancy for a building with multiple units shall be 10% of the cost of the total permit, with a minimum of $55 per unit.
[Amended 10-4-2010 by Ord. No. 2010-10; 5-15-2017 by Ord. No. 2017-07]
(10) 
The fee for installation and inspection of an elevator shall be the permit fee and percentage as agreed to in a third-party contract in accordance with Subchapter 12 of the Uniform Construction Code.
(11) 
The fee for an application for a variation shall be $200, and the fee for any resubmission shall be $82.
[Amended 10-4-2010 by Ord. No. 2010-10]
(12) 
The Construction Department may waive local permit fees for nonprofit entities.
(13) 
The fee for review of any amendment or change to a plan that has already been released shall be $50 per hour per subcode involved.
[Added 3-19-2007 by Ord. No. 2007-03]
(14) 
The fee for development-wide inspection of structures after the issuance of a certificate of occupancy ordered pursuant to N.J.A.C. 5:23-2.35 shall be an amount equal to twice the hourly base salary paid to any licensed code official performing the work or the hourly fees charged to the municipality by a professional contracted to provide such services pursuant to N.J.A.C. 5:23-2.35, subject to the accounting procedures and limits set forth below.
[Added 3-19-2007 by Ord. No. 2007-03]
(a) 
Such charges or fees shall be only those that are reasonable and necessary in order to ascertain whether a violation exists or to verify that any work performed has abated the violation.
(b) 
The municipality shall place in escrow all monies paid by the developer for this purpose. The escrow shall be held in any account maintained by the municipality in the same manner as that established for the deposit of escrow funds paid for professional review services, inspection fees and performance and maintenance guarantees as provided for at N.J.S.A. 40:55D-53.1.
(c) 
The developer shall post an initial deposit in the amount of $200 per home or unit or an amount determined by the municipality to be necessary to cover the estimated costs of two months’ inspection activity, whichever is greater. At monthly intervals, the developer shall increase the amount in the escrow fund so that it shall be sufficient to pay the costs of the next two months’ inspection activity or the cost of completing the inspections, whichever is less.
(d) 
Standards for hourly charges for development-wide inspections for structures after the issuance of a certificate of occupancy shall be as follows:
[1] 
Hourly charges shall be limited only to municipal or consulting professional charges for inspections, review of plans and supporting documents and preparation of reports and documents and shall accurately reflect the hours engaged in these activities.
[2] 
The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any consulting engineer or registered architect hired for this purpose, including normal and typical expenses incurred in performing inspections and reviewing plans and supporting documents for the required corrective work.
[3] 
The developer shall not be billed and no charge shall be made to any escrow account or deposit for any municipal clerical or administrative functions, overhead expenses, meeting room charges or any other municipal costs and expenses except as provided for in this subsection, nor shall a municipal enforcing agency professional add any such charge to his expenses.
[4] 
Where licensed municipal code officials perform these inspections, the fee shall be 200% of the hourly base salary of the inspector(s) multiplied by the number of hours spent on inspections and review of plans and supporting documents for any necessary corrective work.
(e) 
Payments shall be charged to the escrow, and shall be made by the Chief Financial Officer of the municipality, and a final accounting shall be provided, in accordance with the procedure set forth in Paragraphs c and d of N.J.S.A. 40:55D-53.2. Payments shall be made from any such escrow by the Chief Financial Officer only upon approval by the Construction Official.
(f) 
Appeals of any charges levied by the municipality pursuant to this subsection shall be made to the Construction Board of Appeals in accordance with the procedures set forth in N.J.S.A. 40:55D-53.2a and N.J.A.C. 5:23A.
(15) 
The fee for a mechanical inspection in a structure of Group R-3 or R-5 by a mechanical inspector shall be $60 for the first device and $15 for each additional device. No separate fee shall be charged for gas, fuel oil or water piping connections associated with the mechanical equipment inspected.
[Added 12-18-2017 by Ord. No. 2017-16]
Device
Fee
Water heater
$60
Fuel oil piping connection
$60
Gas piping connection
$60
Steam boiler
$60
Hot water boiler
$60
Hot air furnace
$60
Oil tank
$60
LPG tank
$60
Fireplace
$60
Generator
$60
Other
$60
B. 
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Township Council biannually a report recommending a fee schedule based on the operating expenses of the agency, and any other expenses of the Township 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.
C. 
In order to provide for the training, certification, and technical support programs required by the Uniform Construction Code Act and the regulations,[2] the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee which shall be set by the Department of Community Affairs, Division of Housing and Development, Bureau of Regulatory Affairs. Said surcharge fee shall be remitted to the Bureau of Housing Inspection at the 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. 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 the fiscal year in which the regulations first become effective, the report shall be for the third and fourth quarters only.
[2]
Editor's Note: "The regulations" refers to the regulations established by the Commissioner of the Department of Community Affairs.
D. 
Where the Township utilizes the services of a private on-site inspection and plan review agency, the fees set forth herein shall be subject to a 15% surcharge to cover the administrative costs thereof.
E. 
Notwithstanding the provisions of the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), or any rules, regulations or standards adopted pursuant thereto to the contrary, a person who has a service-connected disability declared by the United States Veterans Administration, or its successor, to be a total or one-hundred-percent permanent disability that would entitle him or her to a property tax exemption under Section 1 of P.L. 1948, c. 259 (N.J.S.A. 54:4-3.30), or a spouse, parent, sibling, or guardian of the disabled veteran, shall not be charged a construction permit fee, as defined in Subsection A above, for any construction, reconstruction, alteration, or improvement designed and undertaken solely to promote accessibility by the disabled veteran to or within his or her own living unit.
[Added 8-4-2014 by Ord. No. 2014-09]