N.J.S.A. 52:27D-119 et seq. provides for the local enforcement of the New Jersey Uniform Construction Code.
12-1.1. 
Enforcing Agency.
a. 
Established; Composition. There is hereby established in the Borough of Carlstadt a State Uniform Construction Code enforcing agency to be known as the "Building Construction Agency," 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. All rules and regulations governing the functions and duties of all personnel in such agency shall be as set forth by the construction official, subject to the approval of the Mayor and Council.
b. 
Qualifications. Each official position created in Paragraph a. hereof shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., as amended, and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an onsite 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 N.J.S.A. 52:27D-119 and N.J.A.C. 5:23 to hold each such position.
c. 
Office Location. 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.
12-1.2. 
Construction Board of Appeals. The Bergen County Construction Board of Appeals is hereby designated as the agency to hear appeals from the local enforcing agency.
12-1.3. 
Fees; Exceptions and Exemptions.
a. 
Fees. The fees for construction permits shall be as set forth in Section 4-6 of this revision, and shall be paid before the permit is issued.
b. 
Exceptions. No fee shall be required when the estimated cost of the work does not exceed $800.
c. 
Exemptions. No person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction permit surcharge fee or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing public or private structure or any of the facilities contained therein.
12-1.4. 
Fee Schedule Report. The construction official, with the advice of the subcode officials, shall prepare and submit to the Mayor and Council, bi-annually, a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the Borough fairly attributable to the enforcement of the State Uniform Construction Code Act.
12-1.5. 
State Surcharge.
a. 
Collection; Remittance. 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 in Section 4-6, a surcharge fee as set forth in Subsection 4-6.8. Such surcharge fee shall be remitted to the 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 later than one month next succeeding the end of the quarter for which it is due.
b. 
Annual Report. 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.
12-1.6. 
Liability of Subcode Officials. Any subcode official, or any employee charged with the enforcement of this code, acting in good faith and without malice for the Borough in the discharge of his/her duties, shall not be personally liable for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his/her duties. Any suit brought against any subcode official or employee because of any act or omission performed by him/her in the enforcement of any provision of the code, shall be defended by the legal department of the Borough until final termination of the proceedings.
12-1.7. 
Bonds. In connection with the provisions of this chapter, the following indemnity bonds shall be posted in respect to each specific provision hereinafter cited.
a. 
The builder, contractor or other such person shall provide an indemnity bond or certificate of insurance to protect the Borough against all losses and damages which may arise during the construction of a building, demolition of a building, erection of a sign or billboard or moving of a building, because of injury to property, of not less than $50,000, and for injuries to persons not less than $100,000.
b. 
The owner of every sign shall be bonded in an amount not less than $100 for the erection and maintenance of such sign or billboard.
c. 
The owner or person to whom a permit has been issued to wreck or demolish a building shall provide a bond in the amount of $1,000, which shall require the completion of the work and the clearing and filling in of the site.
d. 
The owner of a building to be moved shall furnish a bond in the amount of $1,000, which shall require the completion of the work and the restoration of the site.
12-1.8. 
Registration of Contractors. Before any work is performed in connection with the alteration, addition to or construction of a building, or any work which requires the issuance of a permit, every contractor shall first register with the construction official by filling out a form of registration supplied by him/her and by paying a registration fee as set forth in Section 4-6.
The word "contractor" shall apply to all types of contractors, including those for general, roofing, siding and any type of work done in the building line, as well as for signs and billboards, demolition work and house moving.
Any contractor who fails to comply with the building code in the performance of work within the Borough shall have his/her registration revoked by the construction official.
12-2.1. 
Permit Required. No person shall move any building or structure through any streets of the Borough without a permit issued, as hereinafter provided.
12-2.2. 
Application. Any person desiring to move any building or structure shall make application to the Borough Clerk for a permit. The application shall designate the streets through which the moving will be done, the dimensions of the building, the estimated length of time required for such moving and such other facts as the Borough Clerk may require. The fee for the permit shall be deposited with the Borough Clerk. The permit may be applied for by the owner of the building or structure to be moved or by the mover or contractor.
12-2.3. 
Bond Required. The applicant shall file with the Borough Clerk a bond in the sum of $5,000, with sureties satisfactory to the Clerk, conditioned for the payment of any damage or injury to the trees, street or other Borough property along the designated route, conditioned for the replacement of any trees or other Borough property destroyed by the moving and also conditioned for the payment of any additional fee due the Borough for exceeding the time limit fixed for such moving.
12-2.4. 
Fees. The fee for the permit shall be as set forth in Subsection 4-6.4 of this revision.
12-2.5. 
Removal of Wires and Cables. The person receiving such permit shall, at their own expense, arrange for the removal of any wires or cables which may interfere with the moving. If any wires or cables which may interfere with the moving pertain to the fire alarm system, police telephone system, or any other municipal system of the Borough, then the permittee shall, at their own expense, arrange so that the removal of wires will not interfere in any manner with the continual operation of such systems of the Borough.
12-2.6. 
Traffic Control. All the moving operations, as they relate to the problem of traffic, shall be done under the supervision of, and at such times as may be fixed by, the chief of police.
12-2.7. 
Barricades and Detour Signs. It shall be the duty and obligation of the contractor engaged in the moving operations to furnish and place barricades and detour signs which may be necessary for the proper diversion of motor vehicle traffic.
12-3.1. 
Adoption by Reference. In accordance with the provisions of N.J.S.A. 40:49-5.1, the "New Jersey State Housing Code," as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office on January 31, 1962, is hereby adopted as a standard governing supplied utilities and facilities and other physical things and conditions essential to making dwellings safe, sanitary and fit for human habitation, occupancy or use, and governing the condition of dwellings. A copy of the New Jersey State Housing Code is attached to and made a part of this section without the text being included herein.
12-3.2. 
Copies for Public Use. Three copies of the New Jersey State Housing Code have been placed on file in the office of the Clerk and shall remain on file there for the use and examination of the public.
12-3.3. 
Enforcing Authority. The administrative and enforcing authority for the provisions of this chapter shall be the Housing Subcode Official.
12-3.4. 
Standards. This section shall constitute the standards to guide the Housing Subcode Official in determining the fitness of any dwelling, dwelling unit, rooming unit or premises for human habitation, use or occupancy.
12-3.5. 
Rules and Regulations. The Housing Subcode Official may make rules and regulations which interpret or amplify any provision of this section, or for the purpose of making the provisions of this section more effective. No regulation, however, shall be inconsistent with or alter or amend any provision of this section and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this section. Rules and regulations shall be subject to the same penalty as other violations of this chapter.
12-3.6. 
Inspections. The Housing Subcode Official shall make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Borough. For the purpose of making inspections, the subcode official is authorized to enter and examine any dwelling, dwelling unit, rooming unit or premises at reasonable hours, as the circumstances of the case permit. This subsection shall not be construed to prohibit the entry of the subcode official at any time when an actual emergency exists which tends to create a danger to public health or safety, or at any time when an inspection is requested by an owner or occupant.
12-3.7. 
Identification. Upon presentation of proper identification, the owner, occupant or person in charge of a dwelling, dwelling unit or rooming unit shall give the subcode official free access to the premises for the purpose of inspection or of making any repairs or alterations which are necessary to effect compliance with this section.
12-3.8. 
Interference with Inspection. Any person who shall refuse to give the subcode official access to any premises or part of a premises, or who shall otherwise obstruct or impede an inspection, shall be guilty of a violation of this section.
12-3.9. 
Search Warrant. In addition to the provisions of Subsection 12-3.8, the subcode official may, upon affidavit, apply to the judge of the municipal court of the Borough for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this section exists on the premises. If the municipal judge is satisfied as to the matter set forth in the affidavit, (s)he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
12-3.10. 
Notice of Violation. Whenever the subcode official determines that there are reasonable grounds to believe that there has been a violation of any provision of this section, or of any rule or regulation adopted pursuant thereto, (s)he shall give notice of the alleged violation to the person responsible therefor as hereinafter provided. The notice shall:
a. 
Be in writing.
b. 
Include a statement of the reasons why it is being issued.
c. 
Allow a reasonable time for the performance of any act it requires.
d. 
Be served upon the owner, his/her agent or the occupant, as the case may require; provided that notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him/her personally, sent by certified mail to his/her last known address or posted in a conspicuous place in or about the dwelling affected by the notice; or if (s)he is served with such notice by any other method authorized or required under the laws of this state. The notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this section and with the rules and regulations adopted pursuant thereto.
12-3.11. 
Hearing. Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this section, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the construction official, provided such person shall file in the office of the construction official written petition requesting a hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice is served. Upon receipt of the petition, the construction official shall set a time and place for the hearing and shall give the petitioner written notice thereof. At the hearing the petitioner shall be given an opportunity to be heard and to show why the notice should not be enforced.
Upon application of the petitioner, the construction official may postpone the date of the hearing for a reasonable time beyond the ten-day period, if, in his/her judgment, the petitioner has submitted a good and sufficient reason for the postponement.
After the hearing the construction official shall sustain, modify or withdraw the notice, depending upon his/her findings as to whether the provisions of this section and the rules and regulations adopted pursuant thereto have been complied with. If the construction official sustains or modifies the notice, it shall be deemed to be an order. Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in the office of the construction official within 10 days after the notice is served.
The proceedings at the hearings, including the findings and the decision of the construction official, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the construction official. The record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the construction official may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
Whenever the construction official finds that an emergency exists which requires immediate action to protect public health or safety, (s)he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as (s)he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the construction official, shall be afforded a hearing as soon as possible. After such hearing, depending upon his/her findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with, the construction official shall continue such order in effect, modify it or revoke it.
12-3.12. 
Unfit Dwellings. Whenever a petition is filed with the Housing Subcode Official by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the Borough, charging that any dwelling is unfit for human habitation, as defined in the housing code, or whenever it appears to the Housing Subcode Official on his/her own motion that any dwelling is unfit for human habitation, (s)he shall, if his/her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling a complaint stating the charges in that respect and containing a notice that a hearing will be held before him/her at a place therein fixed, not less than 10 days nor more than 30 days after the serving of the complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or by attorney, and give testimony at the time and place fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Housing Subcode Official.
12-3.13. 
Order for Abatement or Demolition. If after notice and hearing, as provided above, the Housing Subcode Official determines that the dwelling under consideration is unfit for human habitation, as defined in the housing code, (s)he shall state in writing such findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order requiring:
a. 
The repair, alteration or improvement of the building to be made by the owner, within a reasonable time, which shall be set forth in the order, or, at the option of the owner, to vacate or to have the building vacated and closed within the time set forth in the order.
b. 
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve the building within the time specified in the order, that the owner shall remove or demolish the building within a reasonable time, as specified in the order of removal.
c. 
If the owner fails to comply with an order to repair, alter or improve, or, at the option of the owner, to vacate and close the building, that the Housing Subcode Official may cause such building to be repaired, altered or improved, or to be vacated and closed, and may cause to be posted on the main entrance of any building so closed, a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
d. 
If the owner fails to comply with an order to remove or demolish the building, that the Housing Subcode Official may cause such building to be removed or demolished or may contract for the removal or demolition thereof, after advertisement and receipt of bids therefor.
e. 
The amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this section determined in favor of the Borough, the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, or the amounts of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property for which such cost was incurred.
If the building is removed or demolished by the Housing Subcode Official, (s)he shall sell the materials of such building. There shall be credited against the cost of removal or demolition thereof, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits, or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Borough tax assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by certified mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Housing Subcode Official, and shall be secured in such manner as may be directed by such Court; and shall be disbursed according to the Order or Judgment of the Court to the persons found to be entitled thereto by final Order or Judgment of such Court; provided that nothing in this section shall be construed to impair or limit in any way the power of the Borough to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
12-3.14. 
Serving of Complaints or Orders for Unfit Dwellings. Complaints or orders issued by the Housing Subcode Official pursuant to this section shall be served upon persons either personally or by certified mail. However, if the whereabouts of such persons are unknown and the same cannot be ascertained by the subcode official, in the exercise of reasonable diligence, and the subcode official shall make an affidavit to that effect, then the serving of the complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper having circulation in the Borough. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded or lodged for record with the Bergen County recording officer.
12-3.15. 
Powers of Housing Subcode Official. The Housing Subcode Official is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including the following, in addition to others herein granted:
a. 
To investigate the dwelling conditions in the Borough in order to determine which dwellings therein are unfit for human habitation.
b. 
To administer oaths, affirmations, examine witnesses and receive evidence.
c. 
To enter upon premises for the purpose of making examination; provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
d. 
To appoint and fix the duties of such officers, agents and employees as (s)he deems necessary to carry out the purpose of this section.
e. 
To delegate any of his/her functions and powers under this section to such officers and agents as (s)he may designate.
12-3.16. 
Compliance with Housing Code. No person shall occupy as owner or occupant, or rent to another for occupancy, any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
12-3.17. 
Demolition Permit Required. The owner of any building located within the limits of the Borough who desires to demolish the same shall first obtain a permit for that purpose from the Borough Clerk and shall pay a fee to the Borough, as set forth in Subsection 4-6.3 of this revision for each building or structure to be demolished. The fee shall be paid prior to the issuance of any such permit. No fee shall be required for demolishing any structure less than 150 square feet in area.
12-4.1. 
Purpose. The purpose of this section is to provide for the protection of the health and welfare of the residents of the Borough of Carlstadt and to establish a uniform policy of treatment of owners who allow unlawful occupancy of dwelling units and tenants who must relocate by reason of the actions of the owner.
12-4.2. 
Definitions.
DWELLING, ONE-FAMILY
A dwelling designed for the occupancy of one family and no more.
DWELLING, TWO-FAMILY
A dwelling designed for the occupancy of two families and no more.
OWNER
Any person shown on the official tax records of the Borough or any person having a proprietary interest in the subject property as shown on the records of the Bergen County Clerk's Office or Surrogate's Office.
RELOCATION COSTS
The actual and reasonable expenses of moving tenants and their personal property.
UNLAWFUL DWELLING
A dwelling unit for which no valid certificate of occupancy has been issued by the Borough official empowered to issue the same.
12-4.3. 
Unlawful Occupancy. No property owner shall permit or allow any person or family to occupy an unlawful dwelling unit.
12-4.4. 
Service of Notice. The Code Enforcement Official or agent, upon the discovery of an unlawful dwelling unit, shall serve or cause to be served upon the property owner a notice, demanding that such illegal occupancy cease and terminate within 30 days thereof. Such notice shall be in writing and served by certified mail to the address disclosed in the Borough tax records or by personal delivery to the owner or his/her agent. If no receipt of such certified mail is returned within five days, then notice shall thereupon be sent by regular mail, with a copy posted on the subject property. Such notice shall identify the dwelling unit, state its location and demand that the illegal occupancy terminate and discontinue no later than 30 days hence.
12-4.5. 
Liability of Owner for Reimbursement of Relocation Expense and Return of Security Deposit.
a. 
Reimbursement of Expenses. Any owner of a premises who rents an illegal apartment or unit to a tenant, where such tenant is thereafter required to vacate such apartment because the same has been declared to be illegal, shall reimburse the tenant of such premises for all reasonable expenses incurred by the tenant, including moving expenses, in an amount not to exceed the sum of $500, plus any additional expenses incurred by the tenant representing deposits for utility service. Such amounts shall be in accordance with applicable state law and any amendments thereto.
b. 
Return of Security Deposit with Interest. The owner shall also be required to return to the tenant the security deposit, together with interest thereon, and a pro rata portion of the tenant's rent which may have been paid in advance, upon notification by the Code Enforcement Official that the illegal apartment or unit must be vacated.
c. 
Time for Payment. The property owner shall make such payment and reimbursements to the tenant within 30 days of notification of the tenant's moving expenses.
12-4.6. 
Relocation Assistance. The Mayor and Council shall designate a person to act as a relocation assistance program administrator. Such person shall administer the relocation funds for the benefit of displaced persons who are required to remove themselves from unlawful occupancies of dwelling units. Such administrator shall comply with the requirements of N.J.S.A. 52:31B-1 et seq. and N.J.S.A. 20:4-1 et seq. and the promulgated regulations thereunder.
12-4.7. 
Relocation Assistance Funds. In the event an occupant of an unlawful dwelling is required to relocate from the premises they occupy, which premises are the subject of a notice issued by the code enforcement agent or state housing code official, then a portion of the fine imposed upon the property owner shall be dedicated to relocation assistance, not to exceed $300 for relocation costs, and a dislocation allowance not to exceed $200, as determined in each case by the relocation assistance administrator, upon proof of relocation costs.
12-4.8. 
Fines and Penalties.
a. 
Any person violating of any provision of this section shall, upon conviction, be subject to the following penalties:
1. 
First offense: fine of not less than $2,000.
2. 
Continuing and subsequent offenses: fine of not less than $3,000 or the forfeiture of all rents derived from the rental from the inception of the ordinance, whichever is greater.
3. 
Third and subsequent offenses: fine of $5,000 or the forfeiture of all rents derived from the rental from the inception of the ordinance; or imprisonment not exceeding 90 days, or both.
b. 
Each day that a violation occurs or is committed shall constitute a separate offense.
c. 
The imposition of the penalties herein prescribed shall not preclude the Borough of Carlstadt from instituting an appropriate action or proceeding to restrain, correct or abate a violation of the provisions of this section.
12-5.1. 
Adoption; Findings; Purpose.
a. 
Adoption. A certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Carlstadt, being marked and designated as the BOCA National Property Maintenance Code, Fifth Edition 1996, as published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of Carlstadt, in the State of New Jersey, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National Property Maintenance code are hereby referred to, adopted and made a part hereof, as if fully set out in this paragraph, with the additions, insertions, deletions and changes, if any, prescribed in Paragraph d of this subsection.
b. 
Findings. It is hereby found and declared that there exists in the Borough structures used for residential and non-residential purposes which are, or may become in the future, substandard with respect to structure, equipment or maintenance, and further that such conditions, including but not limited to, structural deterioration, inadequate maintenance, inadequate provisions for essential utilities or facilities, inadequate provisions for light and air, infestation and unsanitary conditions, constitute a menace to the health, safety and welfare of the residents and inhabitants of the Borough. It is further found and declared that the existence of such conditions has the further effect of creating blight and sub-standard neighborhoods and that by the enactment of timely regulations and restrictions, as herein contained, the development of blight may be prevented, neighborhood and property values maintained, and the public health, safety and welfare protected and fostered.
c. 
Purpose. The purpose of this code is to protect the public health, safety, and welfare by establishing minimum standards governing the maintenance, appearance and condition of residential and non-residential premises; to establish minimum standards governing facilities and other physical components and conditions essential to make such facilities nuisance free; to fix certain responsibilities and duties upon owners, operators and occupants; and to fix penalties for the violation of this code. This code is hereby declared to be remedial and essential for the public interest and it is intended that this code be liberally construed to effectuate the purposes as stated herein. This code specifically relates to the exterior maintenance of structures and premises only and shall not be construed to replace or infringe upon the jurisdiction or the powers of the Board of Health and other governmental agencies within the Borough.
d. 
Amendments to Code. The BOCA National Property Maintenance Code is amended and revised in the following respects:
Section PM-101.1 (page 1, second line). Insert: "Borough of Carlstadt."
Section PM-106.2 (page 2, third line). Insert: "Not more than $500."
Section PM-116.2 (page 2, fourth line). Insert: "30 days."
Section PM-304.15 (page 11, first and second lines). Insert: "From January 1 through December 31."
Section PM-602.2.1 (page 17, fifth line). Insert: "From January 1 through December 31."
Section PM-602.3 (page 17, third line). Insert: "From January 1 through December 31."
e. 
Ordinance Priority. If any provision of this section addresses the same subject matter as the BOCA Code adopted herein, then the more stringent of the two shall control.
12-5.2. 
Definitions. The following terms wherever used herein or referred to in this code shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context:
ACCESSORY STRUCTURE
A building or use that is:
a. 
On the same lot as,
b. 
Subordinate to,
c. 
Under the same ownership or control as, and
d. 
Used for the purpose customarily incident to the use of the main building.
DETERIORATION
The condition or appearance of a building, or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
EXTERIOR OF THE PREMISES
Those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. See also Refuse, Rubbish.
INFESTATION
The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
NUISANCE
a. 
Any public nuisance known at common law or in equity jurisprudence, or as provided by the statutes of the State of New Jersey or the ordinances of the Borough.
b. 
Any attractive nuisance which may prove detrimental to the health or safety of children, whether on the premises of a building or upon the unoccupied lot. This includes, but is not limited to, abandoned wells, shafts, excavations, abandoned appliances, refrigerators, motor vehicles, any structurally unsound fences or structures, lumber, trash or debris.
c. 
Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the condition exists.
d. 
Causing, creating or maintaining unsanitary conditions or conditions which render air, food or drink detrimental to the health of human beings.
OPERATOR
Any person who has charge, care, actual possession or control of a dwelling or premises, or part thereof, whether with or without the knowledge and consent of the owner.
OWNER
Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof; or shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as fiduciary, including but not limited to executor, administrator, trustee, receiver, or guardian of the estate or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting, or reassigning any or all of any dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by the lease.
PREMISES
A lot, plot or parcel of land, including the buildings or structures thereon.
REFUSE
All putrescible and non-putrescible solid wastes, including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes. See also Garbage, Rubbish.
RUBBISH
Non-putrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. See also Garbage, Refuse.
STRUCTURE
Anything that is built or constructed and permanently affixed on or under the ground, or upon another structure or building.
12-5.3. 
Applicability; Conflict of Laws.
a. 
Applicability; Minimum Standards. Every residential and non-residential building and the land on which it is situated, previously or presently used or intended to be used for dwelling, commercial, business or industrial occupancy, or such other uses permitted by the Borough, shall comply with the provisions of this code, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this code, and irrespective of any permits or licenses which shall have been issued for the use of occupancy of the building, or for the installation or repair of equipment or facilities.
This code establishes minimum standards for the initial and continued occupancy and use of all such buildings, and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein, except as provided in Paragraph b. below.
b. 
Conflict with Other Laws. In any case where the provisions of this code impose a higher standard than set forth in any other ordinance of the Borough or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail. But if the provisions of this code impose a lower standard than any other ordinance of the Borough or of the laws of the State of New Jersey, then the higher standard contained in any such other ordinance or law shall prevail.
No certification of compliance with this code shall constitute a defense against any violation of any other ordinance of the Borough applicable to any structure or premises.
12-5.4. 
Duties and Responsibilities of Owner and Operator.
a. 
Not Assignable or Assumable. Owners and operators shall have all the duties and responsibilities as prescribed in this code. No owner or operator shall be relieved from any such duties and responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that another is also responsible therefor and in violation thereof.
Unless expressly provided to the contrary in this code, the respective obligations and responsibilities of the owner and operator shall not be altered or affected by any agreement or contract.
b. 
Maintenance of Exterior of Premises. The exterior of the premises and all structures, both residential and non-residential, shall be kept free of any hazards to the safety of occupants, pedestrians and other persons utilizing the premises, and free of unsightly or unsanitary conditions. Any of the foregoing shall be promptly removed and abated. It shall be the duty of the owner or operator to keep the premises free of hazards and unsightly or unsanitary conditions, which include, but are not limited to, the following:
1. 
Refuse. Refuse, including, without limitation junk, debris, scrap lumber, scrap metal, inoperable machinery or parts and fragments thereof, glass, uprooted stumps and trash;
2. 
Loose and Overhanging Objects. Loose and overhanging objects, including, without limitation, dead and or dying trees, loose boards, loose shingles, broken glass, accumulations of ice, or other similar conditions which by reason of their location above ground level constitute a hazard to persons in the vicinity thereof;
3. 
Ground Surface Hazards. Ground surface hazards, including, without limitation, holes, excavations, breaks, projections and obstructions which constitutes a hazard to persons on the premises.
4. 
Foundation. Foundation walls, piers, columns, or similar load-bearing components shall be kept structurally sound, free from defects and damage, and capable of bearing imposed loads safely.
5. 
Exterior Facilities. Exterior facilities, including, without limitation, exterior porches, elevated patios, landings, balconies, stairs and fire escapes, shall be provided with banisters or railings and shall be kept structurally sound and, in good repair and shall be properly designed and maintained.
c. 
Residential Requirements. The exterior of the premises, the exterior of dwelling structures and the condition of accessory structures shall be maintained so that such premises and structures shall not constitute a nuisance.
1. 
General Maintenance. In order to preserve property values, eliminate safety hazards and protect adjoining properties and the neighborhood from blighting influences, the exterior of every structure or accessory structure, including fences, shall be maintained in good repair, free of broken glass, loose shingles, crumbling stone or brick, or excessive peeling paint. The grounds shall be maintained to an extent sufficient to prevent them from becoming a nuisance.
2. 
Front Yard Parking. No person shall park, stop or stand any motor vehicle, or permit or suffer the same to be done, in the front yard area of premises occupied by a dwelling, except on driveways and parking areas constructed and installed in compliance with applicable Borough ordinances.
3. 
Sidewalks and Driveways. The sidewalks, driveways, curbs, walkways and entrance stairways shall be maintained in a safe condition such as will not constitute a hazard to pedestrians, persons on the premises or others using same. The area between the sidewalk and the curb shall not be filled in with anything other than grass, flowers, trees, vines, flower boxes or other decorative plantings.
4. 
Waterways, Drainage Ditches. All waterways, brooks, drainage ditches and swales, to the extent that the same are located on or immediately adjacent to the premises, shall be maintained in good condition, free from debris, plantings or other obstructions.
5. 
Structural Soundness. Every dwelling and accessory structure, and every part thereof, shall be kept structurally sound and in a state of good repair to avoid safety or health hazards. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, or other conditions reflective of deterioration or inadequate maintenance, to the end that property itself may be preserved, safety hazards eliminated and adjoining properties and the neighborhood protected from blighting influences.
Exterior walls, siding and roofs shall be kept structurally sound, in good repair and free from defects.
All exposed surfaces susceptible to decay shall be provided with a decorative protective coating sufficient to prevent deterioration.
The exterior walls, roofs, windows, window frames, doors, door frames, foundations, and other portions of every dwelling shall be so maintained as to prevent deterioration from water and weather. Damaged materials must be repaired or replaced promptly. Places showing signs of rot, leakage, deterioration or corrosion are to be restored and protected against weathering or seepage.
6. 
Exterior Lighting.
(a) 
Lighting Restrictions.
(1) 
No artificial lighting installed on privately owned property shall shine directly upon any neighboring property or be so established that it shall shine directly upon any neighboring property or shine directly on or into any room or rooms, porches or patios of any neighboring property.
(2) 
No artificial lighting shall be maintained or operated from any structure or land in such a manner as to be a nuisance or an annoyance to neighboring properties or as to interfere with the physical comfort of the occupants of neighboring properties.
(3) 
All lights directly facing a neighboring property shall be shielded to prevent illumination from such light from shining on or creating a glare on that neighboring property. Shields are to direct all lighting directly downward toward the ground.
(4) 
No sources of light shall be maintained or operated in connection with any building or land in any manner or by any process or method that transmits such an objectionable glare on neighboring property so as to create a nuisance.
(5) 
No glare shall be permitted if such glare originates from a light source facing any dwelling unit.
(6) 
The light intensity from artificial lighting of any kind at any given location along the property line of the property from which the light originates shall not exceed 0.6 footcandle.
(7) 
Restrictions in this section shall not apply to artificial lighting installed on public property.
(b) 
Nuisance. Any violation of Section 12-5.4c6 is determined to be a nuisance.
(c) 
Enforcement. The provisions of this paragraph shall be enforced by the Construction Official, Code Enforcement Officers, or by any citizen affected by an alleged violation of this paragraph.
(d) 
Violations and Penalties. Any person violating or failing to comply with any of the provisions of this paragraph shall, upon conviction thereof, be punishable by a fine of not less than $200 nor more than $1,000. The continuation of such violation for each successive day shall constitute a separate offense.
d. 
Non-Residential Requirements. The exterior of the premises and the condition of all structures, including accessory structures, shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of the zoning district in which the property is located and so that the appearance of the premises and structures shall not constitute a blighting factor nor an element contributing to the progressive deterioration and downgrading of the neighborhood and zoning district.
1. 
General Maintenance. In order to preserve values, eliminate safety hazards and protect adjoining properties and the neighborhood from blighting influences, the exterior of every structure or accessory structure, including fences, shall be maintained in good repair. The surface thereof shall be kept free of broken glass, loose shingles and crumbling stone or brick. The grounds shall be maintained to an extent sufficient to prevent them from becoming a nuisance.
2. 
Compliance with Conditions of Approval. All conditions of approval incorporated in the resolutions or other acts of the Borough shall be adhered to and shall be construed to be continuing conditions of approval. Any on-site improvements of every kind or nature, including, without limitation, sidewalks, curbs, catch basins, storm drains and driveways, installed pursuant to the requirements of the Borough Council, or any duly constituted board or agency of the Borough, shall be maintained in good and serviceable condition at all times.
3. 
Store Fronts. All store fronts shall be maintained in good repair and all surfaces thereof shall be kept painted when necessary for purposes of preservation and appearance. In the event repairs to a portion of a store front are made, such repairs shall be performed with materials identical or compatible with the materials used in the area not undergoing repair, to the end that the appearance of the store front shall be uniform and attractive and shall not constitute a blighting factor, depreciating adjoining properties.
4. 
Windows. No storage of material, stock or inventory shall be permitted in the window display area, unless such area is first screened from public view by drapes, venation blinds or other permanent rendering. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.
5. 
Awnings and Marquees. Any awning or marquee, and its accompanying structural members which extend over any street, sidewalk or other portion of the premises, shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the event such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event such awning or marquees are made of cloth, plastic, or of similar materials, where exposed to public view, such materials shall be maintained in good condition and shall not show evidence of excessive weathering, ripping, tearing or other holes. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
6. 
Signs. All signs, including the structural and supporting components thereof, and all light stanchions and poles, shall be maintained in good repair.
7. 
Parking Lines. All parking lines shall be marked with clearly visible parking lines and necessary directional arrows. Such markings shall be consistent with any requirements as to parking areas imposed by the Borough Council or any other duly constituted board or agency of the Borough or the state.
8. 
Sidewalks and Curbs. The owner or operator of premises abutting on public sidewalks or curbs shall maintain such sidewalks and curbs in a safe condition, so that they will not constitute a nuisance or hazard to pedestrians or others using same. The area between the sidewalk and the curb shall not be filed in with anything other than grass, flowers, trees, vines, flower boxes or other decorative plantings.
9. 
Structural Maintenance. The exterior of every structure or accessory structure, including fences, walls, and store fronts, shall be maintained in good repair. All surfaces shall be maintained free of broken glass, loose shingles, excessive peeling of paint, crumbling stone or brick, or other conditions reflective of deterioration or inadequate maintenance, to the end that property itself may be preserved, safety hazards eliminated and adjoining properties and the neighborhood protected from blighting influences. All reconstruction and/or renovation of walls and sidings shall be of standard quality commensurate with the character of the properties in the zoning district in which the premises are located.
Exterior walls, siding and roofs shall be kept structurally sound, in good repair and free from defects.
All exposed surfaces susceptible to decay shall be provided with a decorative protective coating sufficient to prevent deterioration.
The exterior walls, roofs, windows, window frames, doors, door frames, foundations, and other portions of every dwelling shall be so maintained as to prevent deterioration from water and weather. Damaged materials must be repaired or replaced promptly. Places showing signs of rot, leakage, deterioration or corrosion are to be restored and protected against weathering or seepage.
e. 
Vacant Buildings. All vacant buildings, whether residential or non-residential, shall be thoroughly secured so as to prevent unauthorized access and vandalism. When doors and windows are boarded over for this purpose, the construction and placement of such boards shall be done in a neat and workmanlike manner so as not to constitute a blighting influence on adjoining and neighboring properties and the community at large. To the extent that boards are used for the purpose of securing any building, such boards shall be precisely placed within the door and window frames, to the extent practicable as permitted by the framing and building lines, and shall be painted to the same color as the surrounding material and shall not be permitted to deteriorate.
If a structure is vacant, it is still subject to the requirements set forth in this section.
f. 
Items for Sale. In any residential, commercial or industrial area, or any other zone, there shall be no encroachment on streets, sidewalks, or other parts of the public domain by the placement, display or storage of items for sale, rental or use.
12-5.5. 
Duties of Owners, Operators and Occupants. All owners, operators and occupants of property within the Borough shall also be responsible for the following:
a. 
Infestation. Maintaining the premises so as to prevent infestation.
b. 
Garbage Accumulation. Not permitting any accumulation or obstruction from garbage, refuse or rubbish on common stairways, areaways, balconies, porches, hallways or any other visible area.
c. 
Garbage Disposal. Utilizing in and for all structures water-tight receptacles with tight fitting covers sufficient in capacity to hold all refuse, garbage and waste matter. Covers shall be kept tightly closed at all times and garbage, waste or refuse shall not be visible from the receptacles. Garbage receptacles shall be placed for pickup no more than 12 hours in advance and shall be removed from the pickup area no more than 12 hours after pickup.
d. 
Bird Feeding. Each property owner shall be permitted to have one bird feeder or suet, but not both, to be located in the rear of the property, behind the house, no closer than 12 feet to any property line.
1. 
Bird Feeder. A bird feeder shall be either:
(a) 
A tube or cylinder type feeder hung from a tree or pole, or
(b) 
A hopper type feeder which shall be no larger than 12 inches in width and height, be fully enclosed on all sides with openings of no more than 1/2 inch in size.
Bird feeders shall be hung no less than three feet and no more than eight feet from the ground. They shall be filled with no more than 10 ounces of bird feed or bird food at any time to be placed inside the feeder only.
2. 
Suet. Suet is a formulation of animal fat and other ingredients in cake or brick form. Suet shall be placed in either a mesh bag, or wire cage and suspended close to the trunk of a tree between five and six feet from the ground.
3. 
Restrictions.
(a) 
No bird seed or any form of bird food shall be thrown or scattered on the ground of any property.
(b) 
No suet shall be smeared on any tree.
(c) 
Seed shells or bird food dropped by the birds or which otherwise falls to the ground shall be removed immediately so that no accumulation results.
4. 
Violations; Penalty. Any person who violates the terms and provisions of this Paragraph d. shall be subject to the fines and penalties set forth in chapter 12-5.8 of this chapter.
12-5.6. 
Administrative Provisions.
a. 
Enforcement. The construction official, zoning officer and/or ordinance enforcement officer, or such other individual as designated by the Council, is hereby designated as the officer(s) charged with the enforcement of this code, and is hereinafter referred to as the "enforcement officer." In the event of a vacancy in the office, or in his/her absence, the Borough Council shall designate an acting enforcement officer. All members of the police department and board of health of the Borough are hereby designated as assistant enforcement officers for the purposes of the enforcement of this code. The members of the fire safety bureau shall be assistant enforcement officers to the extent of their expertise in the area of fire prevention. Under the provisions of this section, the jurisdiction of the enforcement officer and the assistant officers shall relate solely to the exterior structures. This section, however, shall not be construed to limit the powers of any government agent of the Borough hereinbefore or hereinafter established by any state statute or by any other ordinances of the Borough.
b. 
Procedure. Whenever the enforcement officer, or any assistant enforcement officer, determines that there are reasonable grounds to believe that there has been a violation of any provision of this section, the enforcement officer shall give notice of such alleged violation to the person responsible therefor, as hereinafter provided. Such notice shall:
1. 
Be in writing;
2. 
Include a statement of the reasons why it is being issued;
3. 
Be served upon the owner or occupant of the premises, or the agent of either of them; provided that such notice shall be deemed to be properly served if a copy thereof is served upon such person personally, or sent by certified or registered mail to his/her last known address; or posted in a conspicuous place on or about the premises affected by the notice. Such notice shall also state that unless, within 10 days from the service of the notice, a written request is made for a hearing before the hearing tribunal, such notice, at the expiration of such ten-day period, shall be deemed an order to cease and desist from, and to abate the described violation, and such notice shall prescribe a reasonable time within which such person shall be required to cease and desist from and abate such violation. The notice may also contain an outline of remedial action which, if taken, will effect compliance with the provisions of this section.
c. 
Hearings. If a hearing is requested pursuant to Paragraph b. above, for good cause the hearing tribunal may postpone such a hearing for a reasonable time, by majority vote. If; after hearing, the hearing tribunal finds that no violation exists, the enforcement officer shall withdraw the notice. If the hearing tribunal finds that a violation does exist, an Order shall issue requiring the abatement of same within a prescribed reasonable time. The proceedings at such hearing, including the findings and decision of the hearing tribunal, shall be summarized, reduced to writing and entered as a matter of public record in the office of the enforcement officer.
d. 
Emergencies. Whenever the enforcement officer finds that an emergency exists which requires immediate attention to protect public health or safety, (s)he may, without notice or hearing, issue an Order reciting the existence of such an emergency and requiring that such action be taken as (s)he deems necessary to meet the emergency. Notwithstanding any other provisions of this section, such Order shall be effective immediately. Any person to whom such Order is directed shall comply therewith immediately, but, upon petition to the enforcement officer, shall be afforded a hearing as soon as possible. After such hearing, the hearing tribunal shall continue such order in effect, or modify or withdraw it.
e. 
Hearing Tribunal. The hearing tribunal shall consist of three citizens of the Borough, who shall be appointed by the Mayor and Council, for a term of three years, to serve without compensation. No citizen shall be disqualified from holding this office by virtue of holding another office, either appointed or elected, within the Borough.
The Mayor and Council shall appoint and designate two citizens of the Borough to serve as alternate members of the hearing tribunal. The alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2" and shall, except for the initial appointment, be designated and chosen on the date set each year for reorganization. The term of an alternate member shall be two years.
Alternate members may participate in discussions of the proceedings but may not vote, except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
12-5.7. 
Fees. The fee for a request for a hearing shall be as set forth in Section 4-11 of this revision. If a court reporter is provided by the applicant, (s)he shall make a copy of the transcript available to the hearing tribunal without charge, in the event of an appeal.
12-5.8. 
Violations and Penalties.
a. 
Penalty. Any person who shall violate any of the provisions of this section shall, upon conviction, be punished by a fine not to exceed $500. Each day that such violation shall continue shall be deemed to be a separate and distinct offense.
b. 
Appeal. Any appeal from the final decision of the hearing tribunal shall be made to a court of competent jurisdiction within 45 days from the date of decision.
c. 
Stay of Proceedings. An appeal stays all proceedings in furtherance of the order of abatement from which the appeal is taken, unless the hearing tribunal has certified that, by reason of the facts of the case, a stay would cause imminent peril to life and property. In such instances, proceedings shall not be stayed, otherwise than by a restraining order from the Superior Court of New Jersey, upon to it with notice thereof to the hearing tribunal from whom the appeal is taken.
d. 
Lien. All fines and penalties assessed against a property owner as a result of a finding of a violation of the BOCA National Property Maintenance Code or this section, shall become a lien on the property for which the fine or penalty was assessed if same is not paid within 30 days of the date of assessment.
12-6.1. 
Short Title. This section shall be known as "The Carlstadt Tax Exemption and Abatement Ordinance."
12-6.2. 
Definitions. As used in this section, the following words shall have the meanings shown herein.
ABATEMENT
That portion of the assessed value of a property as it existed prior to construction, improvement or conversion of a building or structure thereon, which is exempted from taxation pursuant to this Act.
AREA IN NEED OF REHABILITATION
A portion or all of a municipality which has been determined to be an area in need of rehabilitation or redevelopment pursuant to N.J.S.A. 40A:12A-1 et seq. (the "Local Redevelopment and Housing Law") and N.J.S.A. 40:55-21.1 et seq. (the "Blighted Areas Act") or which has been determined to be in need of rehabilitation pursuant to any other state statute.
ASSESSOR
The officer of a taxing district charged with the duty of assessing real property for the purpose of general taxation.
COMMERCIAL OR INDUSTRIAL STRUCTURE
A structure, or part thereof, used for the manufacturing, processing or assembling of material or manufactured products or for research, office, industrial, commercial, retail, recreational, hotel or motel facilities, or warehousing purposes, or for any combination thereof, which the governing body determines will tend to maintain or provide gainful employment within the Borough, assist in the economic development of the Borough, maintain or increase the tax space of the Borough and maintain or diversify and expand commerce within the Borough. It shall not include any structure or part thereof used or to be used by any business relocated from another qualifying municipality unless: the total square footage of the floor area of the structure or part thereof used or to be used by the business at the new site, together with the total square footage of the land used or to be used by the business at the new site, exceeds the total square footage of that utilized by the business at its current site of operations by at least 10%; and the property that the business is relocating to has been the subject of a remedial action plan costing in excess of $250,000 performed pursuant to an Administrative Consent Order entered into pursuant to the authority vested in the Commissioner of Environmental Protection under the acts defined in N.J.S.A. 40A:21-3(d).
COMPLETION
Substantially ready for the intended use for which a building or structure is constructed, improved or converted.
CONDOMINIUM
A property created or recorded as a condominium pursuant to the New Jersey Condominium Act.
CONSTRUCTION
The provision of a new dwelling, multiple dwelling or commercial or industrial structure or the enlargement of the volume of an existing multiple dwelling or commercial or industrial structure by more than 30%, but shall not mean the conversion of an existing building or structure to another use.
CONVERSION or CONVERSION ALTERATION
The alteration or renovation of a nonresidential building or structure or hotel, motel, motor hotel or guest house in such manner as to convert the building or structure from its previous use to use as a dwelling or multiple dwelling.
COOPERATIVE
A housing corporation or association wherein the holder of a share or membership interest thereof is entitled to possess and occupy for dwelling purposes a house, apartment or other unit or housing owned by the corporation or association, or to purchase a unit of housing owned by the corporation or association.
COST
When used with respect to abatement for dwellings or multiple dwellings, only the cost or fair market value of direct labor and materials used in improving a multiple dwelling, or converting another building or structure to a multiple dwelling, of constructing a dwelling or converting another building to a structure or dwelling, including any architectural, engineering and contractor's fees associated therewith, as the owner of the property shall cause to be certified to the governing body by an independent and qualified architect, following the completion of the project.
DWELLING
A building or part of a building used, to be used or held for use as a home or residence, including accessory buildings, located on the same premises, together with the land upon which such building(s) are erected and which may be necessary for the fair enjoyment thereof, but shall not mean any building or part of a building defined as a multiple dwelling unit pursuant to the Hotel and Motel Multiple Dwelling Law. A dwelling shall include, as they are separately conveyed to individual owners, individual residences in cooperative if purchased separately by the occupants thereof, and individual residences with a horizontal property regime or a condominium, but shall not include "general common elements" or "common elements" of such horizontal property regime or condominium as defined pursuant to the New Jersey Horizontal Property Act, Condominium Act or of a cooperative, if the residential units are owned separately.
EXEMPTION
That portion of the assessor's full and true value of any improvement, conversion alteration or construction not regarded as decreasing the taxable value of a property pursuant to this section.
HORIZONTAL PROPERTY REGIME
A property submitted to a horizontal property regime pursuant to N.J.S.A. 46:8A-1 et seq.
IMPROVEMENT
A modernization, rehabilitation, renovation, alteration or repair which produces a physical change in an existing building or structure that improves the safety, sanitation, decency or attractiveness of the building or structure as a place for human habitation or work, and which does not change its permitted use. In the case of a multiple dwelling, it includes only improvements which affect common areas or elements or three or more dwelling units within the multiple dwelling. In the case of a multiple dwelling or industrial structure, it shall not include ordinary painting, repairs and replacement of maintenance items, or an enlargement of the volume of the existing structure by more than 30%. In no case shall it include the repair of fire or other damage to a property for which payment of a claim was received by any person for an insurance company at any time during the three-year period immediately preceding the filing of an application pursuant to this section.
MULTIPLE DWELLING
A building or structure meeting the definition of a multiple dwelling set forth in the Hotel and Multiple Dwelling Law.
12-6.3. 
Application. Applications under this section shall be made upon forms prescribed by the director of the division of taxation and must be filed with the assessor within 30 days following completion of the improvement.
12-7.1. 
General. Swimming and bathing pools, inclusive of inflatable pools, shall conform to the requirements of this section. For the purposes of this section, pools are classified as private swimming pools or public swimming pools, as defined in Subsection 12-7.2 below. Material and constructions used in swimming pools shall comply with the applicable requirements of this section.
12-7.2. 
Definitions. For the purposes of this section the following words and terms shall have the meanings shown herein:
ABOVEGROUND/ON-GROUND POOL
See Private Swimming Pool.
BARRIER
A fence, a wall, a building wall, the wall and aboveground swimming pools or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool.
HOT TUB
See Private Swimming Pool.
IN-GROUND POOL
See Private Swimming Pool.
POWER SAFETY COVER
A pool cover which is placed over the water area, and is opened and closed with a motorized mechanism activated by a control switch.
PPM
Parts per million.
PRIVATE SWIMMING POOL
Any structure that contains water which is used, or intended to be used, for swimming or recreational bathing which is available only to the family and guests of the householder. This includes in-ground, aboveground, on-ground and inflatable pools, hot tubs and spas.
PRIVATE SWIMMING POOL, INDOOR
Any private swimming pool that is totally contained within a private structure and surrounded on all four sides by the walls of such structure.
PUBLIC SWIMMING POOL
Any swimming pool other than a private swimming pool.
SPA
See Private Swimming Pool.
12-7.3. 
Permits and Construction Documents.
a. 
Permits. A swimming pool or appurtenances thereto shall not be constructed, installed, enlarged or altered until construction documents have been submitted and a permit has been obtained from the construction official. The approval of all city, county and state authorities having jurisdiction over swimming pools shall be obtained before applying to the construction official for a permit. Certified copies of these approvals shall be filed as part of the supporting data for the permit application.
b. 
Construction Documents. Construction documents shall accurately show the dimensions and construction of the pool and appurtenances and property established distances to lot lines, buildings, walks and fences, as well as details of the water supply system, drainage and water disposal systems, and all appurtenances pertaining to the swimming pool. Detailed construction documents of structures, vertical elevations and sections through the pool showing depth shall be included.
12-7.4. 
Location. Private swimming pools shall not encroach on any front or side yard required by the zoning regulations of the Borough. A wall of a swimming pool shall not be located less than six feet from any rear or side property line unless in accordance with the zoning regulations.
12-7.5. 
Structural Design. The pool structure shall be engineered and designed to withstand the expected forces to which the pool will be subjected.
a. 
Wall Slopes. To a depth of up to two feet nine inches from the top, the wall slope shall not be more than one unit horizontal in five units vertical (1:5).
b. 
Floor Slopes. The slope of the floor on the shallow side of the transition point shall not exceed one unit vertical to seven units horizontal (1:7). For public pools greater than 1,200 square feet, the slope of the floor shall be on the shallow side of the transition point and shall not exceed one unit vertical to 10 units horizontal (1:10). The transition point between shallow and deep water shall not be greater than five feet deep.
c. 
Surface Cleaning. All swimming pools shall be provided with a recirculating skimming device or overflow gutters to remove scum and foreign matter from the surface of the water. Where skimmers are used for private pools, there shall be at least one skimming device for each 1,000 square feet of surface area or fraction thereof. For public pools where water skimmers are used, there shall be at least one skimming device for each 600 square feet of surface area or fraction thereof. Overflow gutters shall not be less than three inches deep and shall be pitched to a slope of one unit vertical to 48 units horizontal (1:48) toward drains, and constructed so that such gutters are safe, cleanable and that matter entering the gutters will not be washed out by a sudden surge of entering water.
d. 
Walkways. All public swimming pools shall have walkways not less than four feet in width extending entirely around the pool. Curbs or sidewalks around any swimming pool shall have a lip-resistant surface for a width of not less than one foot at the edge of the pool and shall be so arranged as to prevent return of surface water to the pool.
e. 
Steps and Ladders. At least one means of egress shall be provided from private pools. Public pools shall provide ladders or other means of egress at both sides of the diving section and at least one means of egress in the shallow section; or at least one means of egress in the deep section and the shallow section if diving boards are not provided. Treads of steps of ladders shall have slip-resistant surfaces and handrails on both sides, except that handrails are not required where there are not more than four steps or where the steps extend the full width of the pool. Treads and risers of the pool steps shall conform to the following:
1. 
Step treads shall have a minimum unobstructed horizontal depth tread of 10 inches and a minimum unobstructed surface area of 240 square inches.
2. 
Risers shall have a maximum uniform height of 12 inches as measured at the centerline of the tread. The height of the bottom riser shall not vary more than plus or minus two inches from the uniform riser height.
12-7.6. 
Water Supply. All swimming pools shall be provided with a potable water supply, free of cross connections with the pool or equipment.
a. 
Water Treatment. Public swimming pools shall be designed and installed that there is a pool water turnover at least once every eight hours. Filters shall not filter water at a rate in excess of three gallons per minute per square foot of surface area. The treatment system shall be designed and installed so that at all times when the pool is occupied the water is provided with excess chlorine of not less than 0.4 ppm or more than 0.6 ppm or excess chloramine between 0.7 and 1.0 ppm, or disinfection shall be provided by other approved means. Acidity/alkalinity of the pool water shall not be below 7.0 or more than 7.5. All recirculating systems shall be provided with an approved hair and lint strainer installed in the system ahead of the pump.
Private swimming pools shall be designed and installed so that there is a pool water turnover at least once every 18 hours. Filters shall not filter water at a rate in excess of five gallons per minute per square foot of surface area. The pool owner shall be instructed in the care and maintenance of the supplier or builder, including treatment with high-test calcium hypochlorite (dry chlorine), sodium hypochlorite (liquid chlorine) or equally effective germicide and algaecide, and the importance of proper pH (alkalinity and acidity control).
b. 
Drainage Systems. The swimming pool and equipment shall be equipped to be emptied completely of water and discharged water shall be disposed of in an improved manner and will not create a nuisance to the adjoining property.
12-7.7. 
Appurtenant Structures and Accessories.
a. 
Appurtenant Structures. Appurtenant structures, installations and equipment, such as showers, dressing rooms, equipment houses or other buildings and structures, including plumbing, heating and air conditioning systems, shall comply with all applicable requirements of the zoning regulations.
b. 
Accessories. All swimming pool accessories shall be designed, constructed and installed so as not to be a safety hazard. Installations or structures for diving purposes shall be properly anchored to insure stability.
12-7.8. 
Equipment Installation. Pumps, filters and other mechanical and electrical equipment for public swimming pools shall be enclosed in such a manner as to provide access only to authorized persons and not to bathers. Construction and drainage shall be arranged to avoid the entrance accumulation of water in the vicinity of electrical equipment.
12-7.9. 
Enclosures at Public Pools. Public swimming pools shall be provided with an enclosure surrounding the pool area. The enclosure shall meet the following provisions:
a. 
Enclosure. The enclosure shall extend not less than four feet above the ground. All gates shall be self-closing and self-latching with latches placed at least four feet above the ground.
b. 
Construction. Enclosure fences shall be constructed so as to prohibit the passage of a sphere larger than four inches in diameter through any opening or under the fence. Fences shall be designed to withstand a horizontal concentrated load of 200 pounds applied on a one square foot area of any point of the fence.
c. 
Alternative Devices. A natural barrier, pool cover or other protected device approved by the construction official shall be an acceptable enclosure as long as the degree of protection afforded by the substituted device or structure is not less than the protection afforded by the enclosure, gate and latch described herein.
12-7.10. 
Enclosures at Private Pools. Private swimming pools, spas and hot tubs shall be enclosed in accordance with the following regulations or by other approved barriers.
a. 
Outdoor Private Swimming Pools. Outdoor private swimming pools, including an in-ground, aboveground or on-ground pool, hot tub or spa shall be provided with a barrier which shall comply with the following:
1. 
The top of the barrier shall be at least 48 inches above finished ground level measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between finished ground level and the barrier shall be two inches measured on the side of the barrier which faces away from the pool. Where the top of the pool structure is above finished ground level, such as an aboveground pool, the barrier shall be at finished ground level, such as the pool structure, or shall be mounted on top of the pool structure. Where the barrier is mounted on the pool structure, the opening between the top surface of the pool frame and the bottom of the barrier shall not allow passage of a four inch diameter sphere.
2. 
Openings in the barrier shall not allow passage of a four inch diameter sphere.
3. 
Solid barriers shall not contain indentations of protrusions, except for normal construction tolerances and tooled masonry joints.
4. 
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches in width. Decorative cutouts shall not exceed 1 3/4 inches in width.
5. 
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Decorative cutouts shall not exceed 1 3/4 inches in width.
6. 
Maximum mesh size for chain link fences shall be 1 1/4 inch square unless the fence is provided with the slats fastened at the top and the bottom which reduced the openings to not more than 1 3/4 inches.
7. 
Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be not more than 1 3/4 inches.
8. 
Access gates shall comply with all requirements of this subsection and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate:
(a) 
The release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate.
(b) 
The gate and barrier shall not have an opening greater than 1/2 inch within 18 inches of the release mechanism.
9. 
Where a wall of a dwelling unit serves as part of the barrier and contains a door that provides direct access to the pool one of the following shall apply:
(a) 
All doors with direct access to the pool through that wall shall be equipped with an alarm which induces an audible warning when the door and its screen, if present, are opened. The audible warning shall commence not more than seven seconds after the door and door screen, if present, are opened and shall sound continuously for a minimum of 30 seconds. The alarm shall have a minimum sound pressure reading of 85 dBA at 10 feet and the sound of the alarm shall be distinctive from other household sounds such as smoke alarms, telephone and doorbells. The alarm shall automatically set under all conditions. The alarm shall be equipped with manual means, such as touch pads or switched, to deactivate temporarily the alarm for a single opening in either direction. Such deactivation shall last not more than 15 seconds. The deactivation touch pads or switches shall be located at least 54 inches above the threshold of the door.
(b) 
All doors with direct access to the pool through that wall shall be equipped with a self-closing and self-latching device with a release mechanism located a minimum of 54 inches above the floor. Swinging doors shall open away from the pool area.
(c) 
The pool shall be equipped with a power safety cover. When in a closed position the cover shall be capable of holding the weight of 485 pounds, shall not have any opening that allows a sphere four inches in diameter through and shall incorporate a system to drain standing water that collects on the cover. The cover control switch shall be permanently installed in accordance with NFPA 70 listed in Chapter 35 of the BOCA National Building Code, 1996, and be key-operated and of a spring-loaded or momentary-contact type. When the switch is released, the operation of the cover shall stop instantly and be capable of reversing direction immediately. The switch shall be in the line of site of the complete pool cover.
10. 
Where an aboveground pool structure is used as a barrier where the barrier is mounted on top of the pool structure and the means of access is a fixed or removable ladder or steps, the ladder or steps shall be surrounded by a barrier which meets the requirements of Paragraph 7 above. A removable ladder shall not constitute an acceptable alternative to enclosure requirements.
b. 
Indoor Private Swimming Pool. All walls surrounding an indoor private swimming pool shall comply with this subsection.
c. 
Prohibited Location. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
d. 
Exemptions. The following shall be exempt from the provisions of this subsection:
1. 
A spa or hot tub with an approved safety cover.
2. 
Fixtures which are drained after each use.
12-7.11. 
Diving Boards. Minimum water depths and distances for diving hopper for pools, based on board height above water, shall comply with Table 421.11(1) for public pools and Table 421.11(s) for private pools as designated by BOCA National Building Code, 1996 Figure, attached hereto and made a part hereof.
The maximum slope permitted between point D2 and the transition point shall not exceed one unit vertical to three units horizontal (1:3) in private and public pools. D1 is the point directly at the end of the diving board. D2 is the point at which the floor begins to slope upwards to the transition point. See figure 421.11.
[Amended 7-11-2019 by Ord. No. 19-8]
12-8.1. 
Statutory authorization, findings of fact, purpose and objectives.
a. 
Statutory authorization. The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1 et seq., delegated the responsibility to local governmental units to adopt regulations designated to promote public health, safety and general welfare of its citizenry. Therefore, the Mayor and Council of the Borough of Carlstadt, Bergen County, New Jersey does ordain as follows:
b. 
Findings of fact.
1. 
The flood hazard areas of the Borough of Carlstadt are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
2. 
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, causes damage in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
c. 
Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
1. 
Protect human life and health;
2. 
Minimize expenditure of public money for costly flood control projects;
3. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. 
Minimize prolonged business interruptions;
5. 
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, bridges located in areas of special flood hazard;
6. 
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
7. 
Ensure that potential buyers are notified that property is in an area of special flood hazard; and
8. 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
d. 
Methods of reducing flood losses. In order to accomplish its purposes, this section includes methods and provisions for:
1. 
Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
2. 
Requiring that uses vulnerable to floods including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. 
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
4. 
Controlling filling, grading, dredging, and other development which may increase flood damage; and
5. 
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
12-8.2. 
Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
AH ZONE
Areas subject to inundation by one-percent-annual-chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
AO ZONE
Areas subject to inundation by one-percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.
APPEAL
A request for a review of the Construction Code Official's interpretation of any provision of this section or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or AH Zone on a community's Flood Insurance Rate Map with a one-percent annual or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
Land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone V, VE, V1- 30, A, AO, Al through A30, AE A99, or AH.
BASE FLOOD
A flood having a one-percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
The flood elevation shown on a published Flood Insurance Study (FIS) including the Flood Insurance Rate Map (FIRM). For zones AE, AH, AO, and Al-30, the elevation represents the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year. For zones VE and VI-30 the elevation represents the Stillwater elevation (SWEL) plus wave effect (BFE = SWEL + wave effect) resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
The most recent available flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but no limited to advisory flood hazard area maps, work maps or preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
The most recent available flood elevation FEMA has provided. The best available flood hazard data elevation may be depicted on an advisory flood hazard area map, work map or preliminary FIS and FIRM.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
CUMULATIVE SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure that equals or exceeds 50% of the market value of the structure at the time of the improvement or repair when counted cumulatively for 10 years.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.
ELEVATED BUILDING
A nonbasement building (i) built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor elevated above the base flood elevation plus freeboard by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
EROSION
The process of gradual wearing away of land masses.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. 
The overflow of inland or tidal waters; and/or
b. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FREEBOARD
A factor of safety usually expressed in feet above a flood level for purposes of flood plain management. " Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood conditions such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
a. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
b. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
d. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. 
By an approved state program as determined by the Secretary of the Interior; or
2. 
Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements of 44 CFR 60.3.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.
PRELIMINARY FLOOD INSURANCE RATE MAP (PRE FIRM)
The draft version of the FIRM released for public comment before finalization and adoption.
RECREATIONAL VEHICLE
A vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the longest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light-duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION
[For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97- 348)] includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of pilings, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.
a. 
Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/ or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. "Substantial damage" also means flood-related damages sustained by a structure on two or more separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damages occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure during a ten-year period the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. Substantial improvement also means "cumulative substantial improvement." This term includes structures which have incurred substantial damage, regardless of the actual repair work performed or repetitive loss. The term does not, however, included either:
a. 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
b. 
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
VARIANCE
A grant of relief from the requirements of this section that permits construction in a manner that would otherwise be prohibited by this section,
VIOLATION
The failure of a structure or other development to be fully compliant with this section. A new or substantially improved structure or other development without the elevation certificate, or other certifications, or other evidence of compliance required in 44 CFR Section 60.3(b)(5), (c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
12-8.3. 
General provisions.
a. 
Lands to which this section applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Carlstadt, Bergen County, New Jersey. Properties that lie within the Borough of Carlstadt but under regional zoning jurisdiction of the Hackensack Meadowlands District that are designated as areas of special flood hazards shall also be subject to any and all regulations regarding special flood hazard areas as promulgated by the NJSEA. This section shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Carlstadt, Bergen County, New Jersey. Properties that lie within the Borough of Carlstadt but under regional zoning jurisdiction of the Hackensack Meadowlands District that are designated as areas of special flood hazards shall also be subject to any and all regulations regarding special flood hazard areas as promulgated by the NJSEA.
b. 
Basis for establishing the areas of special flood hazard.
1. 
The areas of special flood hazard for the Borough of Carlstadt, Community No. 340022, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(a) 
A scientific and engineering report, "Flood Insurance Study, Bergen County, New Jersey (All Jurisdictions)," dated August 28, 2019.
(b) 
Flood Insurance Rate Map for Bergen County, New Jersey (All Jurisdictions) as shown on Index and panels 34003CO251H, 34003CO252H, 34003CO253H, 23003CO254H, whose effective date is August 28, 2019.
(c) 
Best available flood hazard data. These documents shall take precedence over effective panels and FIS in construction and development regulations only. Where the effective mapping or base flood elevation conflict or overlap with the best available flood hazard data, whichever imposes the more stringent requirement shall prevail.
2. 
The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study and maps are on file at Carlstadt Memorial Municipal Building, 500 Madison Street, Carlstadt, New Jersey.
c. 
Penalties for noncompliance. No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,000 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Carlstadt from taking such other lawful action as is necessary to prevent or remedy any violation.
d. 
Abrogation and greater restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
e. 
Interpretation. In the interpretation and application of this section, all provisions shall be:
1. 
Considered as minimum requirements;
2. 
Liberally construed in favor of the governing body; and
3. 
Deemed neither to limit nor repeal any other powers granted under state statutes.
f. 
Warning and disclaimer of liability.
1. 
The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.
2. 
This section shall not create liability on the part of the Borough of Carlstadt, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
12-8.4. 
Administration.
a. 
Establishment of development permit. A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in Section 12-8.3b. Application for a development permit shall be made on forms furnished by the Construction Code Official and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
1. 
Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
2. 
Elevation in relation to mean sea level to which any structure has been floodproofed.
3. 
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 12-8.5b2; and
4. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
b. 
Designation of the local administrator. The Construction Code Official is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.
c. 
Duties and responsibilities of the administrator. Duties of the Construction Code Official shall include, but not be limited to:
1. 
Permit review.
(a) 
Review all development permits to determine that the permit requirements of this section have been satisfied.
(b) 
Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
2. 
Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 12-8.3b2, Basis for establishing the areas of special flood hazard, the Construction Code Official shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer Sections 12-8.5b1, Specific standards, residential construction, and 12-8.5b2, Specific standards, nonresidential construction.
3. 
Information to be obtained and maintained.
(a) 
Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
(b) 
For all new or substantially improved floodproofed structures:
(1) 
Verify and record the actual elevation (in relation to mean sea level); and
(2) 
Maintain the floodproofing certifications required in Section 12-8.4a3.
(c) 
Maintain for public inspection all records pertaining to the provisions of this section.
4. 
Alteration of watercourses.
(a) 
Notify adjacent communities and the New Jersey Department of Environmental Protection, Bureau of Flood Control and the Land Use Regulation Program prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.
(b) 
Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood-carrying capacity is not diminished.
5. 
Substantial damage review.
(a) 
After an event resulting in building damages, assess the damage to the structures due to flood and nonflood causes.
(b) 
Record and maintain the flood and nonflood damage of substantial damage structures and provide a letter of substantial damage determination to the owner and the New Jersey Department of Environmental Protection, Bureau of Flood Control.
(c) 
Ensure substantial improvements meet the requirements of Sections 12-8.5b1, Specific standards, residential construction, 12-8.5b2, Specific standards, nonresidential construction, and 12-8.5b3, Specific standards, manufactured homes.
6. 
Interpretation of FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 12-8.4d.
d. 
Variance procedure.
1. 
Appeal board.
(a) 
The Carlstadt Planning Board or Zoning Board of Adjustment, depending on which has appropriate jurisdiction over the project, as established by Mayor and Council shall hear and decide appeals and requests for variances from the requirements of this section.
(b) 
The Planning or Zoning Board, as applicable, shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Construction Code Official in the enforcement or administration of this section.
(c) 
Those aggrieved by the decision of the Planning or Zoning Board, as applicable, or any taxpayer, may appeal such decision to the Superior Court of New Jersey, Bergen County, as provided by statute.
(d) 
In passing upon such applications, the Planning or Zoning Board, as applicable, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section, and:
(1) 
The danger that materials may be swept onto other lands to the injury of others;
(2) 
The danger to life and property due to flooding or erosion damage;
(3) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(4) 
The importance of the services provided by the proposed facility to the community;
(5) 
The necessity to the facility of a waterfront location, where applicable;
(6) 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(7) 
The compatibility of the proposed use with existing and anticipated development;
(8) 
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
(9) 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(10) 
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(11) 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(e) 
Upon consideration of the factors of Section 12-8.4d1(d) and the purposes of this section, the Planning or Zoning Board, as applicable, may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
(f) 
The Construction Code Official shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
2. 
Conditions for variances.
(a) 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 12-8.4d1(d)(1) through (11) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(b) 
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(c) 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(d) 
Variances shall only be issued upon:
(1) 
A showing of good and sufficient cause;
(2) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(3) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 12-8.4d1(d), or conflict with existing local laws or ordinances.
(e) 
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
12-8.5. 
Provisions for flood hazard reduction.
a. 
General standards. In all areas of special flood hazards, compliance with the applicable requirements of the Uniform Construction Code (N.J.A.C. 5:23) and the following standards, whichever is more restrictive, is required:
1. 
Anchoring.
(a) 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
(b) 
All manufactured homes to be placed or substantially improved shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
2. 
Construction materials and methods.
(a) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(b) 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
3. 
Utilities.
(a) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(b) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters;
(c) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
(d) 
For all new construction and substantial improvements, the electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
4. 
Subdivision proposals.
(a) 
All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage;
(b) 
All subdivision proposals and other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(c) 
All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
(d) 
Base flood elevation data shall be provided for subdivision proposals and other proposed new development which contain at least 50 lots or five acres (whichever is less).
5. 
Enclosure openings. All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings in at least two exterior walls of each enclosed area, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other covering or devices provided that they permit the automatic entry and exit of floodwaters.
b. 
Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in Section 12-8.3b, Basis for establishing the areas of special flood hazard, or in Section 12-8.4c2, Use of other base flood data, the following standards are required:
1. 
Residential construction.
(a) 
New construction and substantial improvement of any residential structure located in an A or AE Zone shall have the lowest floor, including basement together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated at or above the more restrictive, base flood elevation (published FIS/FIRM) plus one foot, the best available flood hazard data elevation plus one foot, or as required by ASCE/ SEI 24-14, Table 2-1.
(b) 
Require within any AO Zone on the municipality's FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated above the depth number specified in feet plus one foot, above the highest adjacent grade (at least three feet if no depth number is specified) or at or above the best available flood hazard data elevation plus one foot, whichever is more restrictive, and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
2. 
Nonresidential construction. In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE Zone shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities as well as all electrical, heating, ventilating, air-conditioning and other service equipment either:
(a) 
Elevated at or above the more restrictive, base flood elevation (published FIS/FIRM) plus one foot, above the best available flood hazard data elevation plus one foot, or as required by ASCE/SEI 24-14, Table 2-1;
(b) 
Require within any AO or AH Zone on the municipality's FIRM to elevate above the depth number specified in feet plus one foot, above the highest adjacent grade (at least three feet if no depth number is specified) or at or above the best available flood hazard data elevation plus one foot, whichever is more restrictive, and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; or
(c) 
Be floodproofed so that below the more restrictive base flood elevation (published FIS/FIRM) plus one foot, above the best available flood hazard data elevation plus one foot, or as required by ASCE/SEI 24-14, Table 6.1, the structure is watertight with walls substantially impermeable to the passage of water;
(d) 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(e) 
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in Section 12-8.4c3(b)(2).
3. 
Manufactured homes.
(a) 
Manufactured homes shall be anchored in accordance with Section 12-8.5a1(b).
(b) 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall:
(1) 
Be consistent with the need to minimize flood damage;
(2) 
Be constructed to minimize flood damage;
(3) 
Have adequate drainage provided to reduce exposure to flood damage;
(4) 
Be elevated on a permanent foundation such that the top of the lowest floor is at or above the more restrictive, base flood elevation (published FIS/FIRM) plus one foot, the best available flood hazard data elevation plus one foot, or as required by ASCE/SEI 24-14, Table 2-1;
(5) 
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.