Township of Stillwater, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Stillwater as §§ 9-1 through 9-3 of the 1971 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Moving of buildings — See Ch. 129.
Fire prevention — See Ch. 195.
Housing standards — See Ch. 229.
There is herein established in the Township a State Uniform Construction Code enforcing agency to he known as the "construction enforcement 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.
Each official position created in § 155-1 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 lien of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may he held by the same person, provided that such person is qualified pursuant to N.J.A.C. 5:23 to hold each such position.
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.
Appeals from the decisions by the enforcing agency shall be made to the Sussex County Board of Appeals pursuant to Article 15 of the New Jersey Uniform Construction Code Regulations.[1]
[1]
Editor's Note: Former Subsections 9-1.5, 9-1.6 and 9-1.7, regarding reports and surcharge fees, as amended, which previously followed this section, were repealed 9-3-1991 by Ord. No. 91-23.
[Amended 5-21-1991 by Ord. No. 91-14]
In the case of a dispute as to the meaning and intent of the code, an interpretation shall be obtained as provided in N.J.A.C. 5:23-1.1 et seq.
A. 
No person shall commence or prosecute the construction or modification of any building in the Township without filing with the Construction Official a copy of the plans and specifications, together with the estimated cost of completion, including material, all labor, fees and charges.
B. 
No person shall commence or prosecute the construction, alteration or modification of any building in the Township without complying with the following requirements, which shall be in addition to those presently provided for in this section:
(1) 
Filing with the Construction Official a tree removal and/or tree planting plan with the application for a building permit, except for minor alterations and modifications on existing buildings. Such plan shall be approved by the Planning Board or by the Construction Official prior to issuance of the building permit, in accordance with the standards set forth in Chapter 382, Trees, Article II, Protection of Trees, of the Code of the Township of Stillwater.
(2) 
Filing a topographical map showing thereon all streams, drainageways, wetlands or other natural features and the proposed location of every structure proposed to be built. No building shall be erected on a drainageway or interfere with the natural drainage of water; but any such drainageway may be relocated on the applicant's property, subject to the approval of the Planning Board and Township Committee, based upon the report and recommendations of the Township Engineer.
C. 
Any necessary costs or expenses incurred by the Township for legal or technical advice required by the Construction Official which exceeds the amount of the fees provided for in this section shall be reimbursed by the applicant to the Township.
D. 
No person shall move from within or without the Township or relocate in the Township any building or structure existing within or without the Township without first obtaining:
(1) 
From the Construction Official a permit for such moving and relocation. Such permit shall be issued by the Construction Official only if, after an inspection or inspections of such building or structure before it is moved and of the site upon which it is to be relocated, he finds and determines that the building or structure conforms to the Building Code and the Housing Code of the Township and will conform to all zoning requirements applicable to the zoning district of the Township in which it will be relocated.
(2) 
From the Board of Health, its Sanitarian or Health Officer and Plumbing Subcode Official, such permits, approvals or certificates evidencing the same as may be required by the ordinances or rules and regulations of the Board of Health in respect to water supply, plumbing and sanitation facilities proposed for the building or structure as relocated and paying the fees therefor.
(3) 
From the Township Committee, its approval of the use of Township roads, as provided in Chapter 129, Buildings, Moving of, in moving the building or structure, which approval shall not be granted until the above requirements of this section have been met.
[Amended 11-21-1972; 4-5-1988 by Ord. No. 88-6; 11-8-1989 by Ord. No. 89-30; 5-21-1991 by Ord. No. 91-14; 9-3-1991 by Ord. No. 91-23; 5-3-1994 by Ord. No. 94-4; 2-6-1996 by Ord. No. 96-1; 9-4-2001 by Ord. No. 2001-10; 2-18-2003 by Ord. No. 2003-2; 3-2-2004 by Ord. No. 2004-4; 2-7-2006 by Ord. No. 2006-1; 5-7-2013 by Ord. No. 2013-3]
A. 
Construction permit fees: construction permits. The fee for a construction permit shall be the sum of the subcode applications, plus all administrative and miscellaneous fees listed below. All fees will be rounded to the nearest dollar and shall be paid before the permits are issued, unless otherwise stated. The minimum construction permit fee shall be $60.
B. 
The building subcode fees are as follows:
(1) 
Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The new construction fee shall be in the amount of $0.034 per cubic foot of volume for buildings and structures of all use groups and types of construction as classified and defined in Articles 3 and 4 of the building subcode; except that the fee shall be $0.018 per cubic foot of volume for use groups A-1, A-2, A-3, A-4, A-5, F-1, F-2, S-1 and S-2, and the fee shall be $0.0010 per cubic foot for structures on farms, including commercial farm buildings, under N.J.A.C. 5:23-3.2(d) with the maximum fee from such structures on farms not to exceed $1,143.
(2) 
Fees for renovations, alterations and repairs or site construction associated with pre-engineered systems of commercial farm buildings, premanufactured construction, and the external utility connection for premanufactured construction shall be based upon the estimated cost of work. The fee shall be in the amount of $30 per $1,000. From $50,001 to and including $100,000, the additional fee shall be in the amount of $23 per $1,000 of estimated cost above $50,000. Above $100,000, the additional fee shall be in the amount of $19 per $1,000 of estimated cost above $100,000. Fees for additions shall be computed on the same basis for new construction for the added portion in Subsection B(1) above.
(3) 
The fee for open decks, porches and raised platforms shall be $0.35 per square foot provided that the minimum fee shall be $60.
(4) 
Fees for combination renovations and additions shall be the sum of the fees computed separately in accordance with Subsection B(1), (2) and (3) above.
(5) 
The fee for a permit to reroof an existing structure shall be $58 for all structures of Use Group R-5 and $10 per $1,000 of the estimated cost of the work for all other use groups, with a minimum fee of $60.
(6) 
The fee for a permit to reside or veneer an existing structure shall be $58 for all structures of Use Group R-5 and $10 per $1,000 of the estimated cost of the work for all other use groups, with a minimum fee of $60.
(7) 
Fees for retaining walls shall be as follows:
(a) 
The fee for a retaining wall with a surface area greater than 550 square feet that is associated with a Class 3 residential structure shall be $150.
(b) 
The fee for a retaining wall with a surface area of 550 square feet or less that is associated with a Class 3 residential structure shall be $75.
(c) 
The fee for a newly constructed retaining wall of any size at other than a Class 3 residential structure shall be based upon the cost of construction.
(8) 
The fee for temporary structures and structures for which volume cannot be computed, such as aboveground swimming pools and open structural towers, shall be $125. The fee for an in-ground swimming pool shall be $175. These fees shall include all required pool enclosures.
(9) 
The fee for fencing exceeding six feet in height shall be $50.
(10) 
The fee for a permit to construct a sign shall be $2 per square foot computed on one side only for a single- or double-faced sign, provided that the minimum fee shall be $60.
(11) 
(Reserved)
(12) 
The fee for installation or replacement for storage systems of flammable and combustible liquids shall be $50 per tank up to and including those with a capacity of 1,000 gallons, and $75 per tank for those with capacities exceeding 1,000 gallons.
(13) 
The fee for a demolition permit issued for the removal of underground storage tanks for flammable and combustible liquids shall be $50 per tank.
(14) 
The fee for a permit to demolish a building or structure shall be as follows: Use Group R-5 shall be $50; buildings and structures incidental to Use Group R-5 shall be $25 and all other use groups shall be $100.
(15) 
The Fee for moving of a building shall be $75.
(16) 
For purposes of estimating the cost of work, any part of $1,000 shall be rounded up to the next highest thousand-dollar increment.
C. 
Plumbing subcode fees are as follows:
(1) 
The fee for each fixture, stack or appliance connected to the plumbing system shall be $18.
(2) 
The fee for each special device, including but not limited to grease traps, oil separators, air conditioning of refrigeration units, water and sewer connections, flammable and combustible liquid storage tanks, backflow preventers, steam or hot water boilers, gas piping, active solar systems, sewer pumps, interceptors and fuel oil piping shall be $82 for Use Group R-5 and $82 for all other use groups.
(3) 
The minimum permit fee for work, including the plumbing subcode, shall be $60.
D. 
Administrative and miscellaneous fees.
(1) 
The fee for plan review shall be 20% of the amount to be charged for the construction permit and shall be paid before the plans are reviewed. This fee shall be credited toward the amount of the construction permit fee.
(2) 
The fee to process an application for a variance pursuant to N.J.A.C. 5:23-2.10 shall be as follows:
(a) 
Class I structure: $100; resubmission: $50.
(b) 
Class II structure: $50; resubmission: $25.
(c) 
Class III structure: $100; resubmission: $15.
(3) 
An administrative surcharge fee of 15% shall be charged on each subcode application issued by any third-party agency contracted by the Township of Stillwater.
(4) 
The fee for the reinstatement of a lapsed permit shall be 20% of the original fee calculated per subcode application; provided that the minimum fee shall be as per subcode.
(5) 
The fee for each construction permit and certificate of occupancy issued for an asbestos hazard abatement project shall be as set forth in N.J.A.C. 5:23-8.10(1) and (2).
(6) 
The fee for a permit for lead hazard abatement work shall be $125. The fee for a lead hazard abatement clearance certificate shall be $25.
(7) 
The fees for certificates of occupancy are as follows:
(a) 
Certificate of occupancy for one- and two-family dwellings: $90.
(b) 
Certificate of occupancy for accessory buildings to one- and two-family dwellings: $35.
(c) 
Certificate of occupancy for principal buildings or structures of all other use groups: $100.
(d) 
Certificate of occupancy for accessory buildings of all other use groups: $35.
(e) 
Multiple certificates of occupancy for all use groups, per unit: $50.
(f) 
Certificates of occupancy for change of use group only: $100.
(g) 
Certificates of continued use or occupancy: $150.
(h) 
The fee for first issuance or renewal of a temporary certificate of occupancy: $30.
(8) 
Fees for certificates of compliance as required by N.J.A.C. 5:23-2.23(k) are as follows:
(a) 
High-pressure boilers (12 months): $50.
(b) 
Refrigeration systems (12 months): $50.
(c) 
Pressure vessels (12 months): $50.
(d) 
Cross connections and backflow preventers (12 months): $50.
(e) 
Swimming pools, spas and hot tubs (12 months): $50.
(9) 
State of New Jersey training fees shall be in the amount of $0.00334 per cubic foot of volume of all new construction and $1.70 per $1,000 of estimated cost for alterations and repairs or as currently posted in the regulations. These fees are set by and shall be accounted for and forwarded to the Bureau of Regulatory Affairs as per N.J.A.C. 5:23-4.19(c)(1).
(10) 
The fee for a change of contractor: $20.
(11) 
The fee for a letter stating that no certificate of continued occupancy is required: $20.
E. 
Fire protection subcode fees are as follows:
(1) 
Wet or dry sprinkler suppression systems as per the following numbers of heads:
(a) 
To 20: $65.
(b) 
Twenty-one to 100: $120.
(c) 
One hundred one to 200: $229.
(d) 
Two hundred one to 400: $594.
(e) 
Four hundred one to 1,000: $822.
(2) 
Fee for each standpipe: $229.
(3) 
Fee for each gas- or oil-fired appliance not connected to the plumbing system: $50.
(4) 
Commercial kitchen exhaust system, each: $50.
(5) 
Pre-engineered suppression systems, each: $92.
(6) 
Fuel storage tanks (underground or aboveground, installation only), each:
(a) 
One to 1,000 gallons: $50.
(b) 
One thousand one to 4,000 gallons: $80.
(c) 
Over 4,000 gallons: $120.
(7) 
Smoke or heat detectors:
(a) 
One to 20: $46.
(b) 
Twenty-one to 120: $131.
(c) 
One hundred twenty-one to 220: $216.
(d) 
Two hundred twenty-one to 320: $301.
(e) 
Three hundred twenty-one to 420: $386.
(f) 
Four hundred twenty-one to 520: $471.
(8) 
Manual or automatic alarm systems: $50.
(9) 
Central control system: $50.
(10) 
The fire protection subcode fee shall be a minimum of $60 for single-family dwellings; and $75 for all other structures.
F. 
Electrical subcode fees are as follows:
(1) 
The fees for electrical receptacles, fixtures and devices are as follows:
(a) 
For the first block consisting of one to 50 receptacles, fixtures or devices: $45.
(b) 
For each additional block consisting of up to 25 receptacles, fixtures or devices: $8.
(2) 
The fees for electrical devices, generators, transformers, motors, or air conditioner feeders and disconnects are as follows:
(a) 
For each electrical device, generator, transformer or motor rated up to 10 kilowatts or 10 horsepower: $15.
(b) 
For each electrical device, generator, transformer rated over 10 kilowatts to 45 kilowatts; for each motor rated over 10 horsepower to 50 horsepower; or for each air conditioner feeder and disconnect, commercial, 11 to 50 horsepower, plus unit: $58.
(c) 
For each electrical device, generator, transformer rated over 45 kilowatts to 112.5 kilowatts; for each motor rated over 50 horsepower to 100 horsepower; or for each air conditioner feeder and disconnect, commercial, 51 horsepower or over, plus unit: $116.
(d) 
For each electrical device, generator, transformer rated over 112.5 kilowatts: $576.
(e) 
For each motor over 100 horsepower: $576.
(3) 
The fees for service panels, service entrances and subpanels are as follows:
(a) 
For each service panel, service entrance and subpanel from zero to 200 amperes: $58.
(b) 
For each service panel, service entrance and subpanel over 200 to 1,000 amperes: $116.
(c) 
For each service panel, service entrance and subpanel over 1,000 amperes: $576.
(4) 
The fee charged for electrical work for each permanently installed private swimming pool, spa, hot tub or fountain as defined in the building subcode shall be a flat fee of $45, which shall include any required bonding, and associated equipment such as filter pumps, motors, disconnecting means, switches, required receptacles and heaters, etc., excepting panel boards and underwater lighting fixtures. For public swimming pools, the fee shall be charged on the basis of the number of electrical fixtures and rating of electrical devices involved in accordance with Subsection F(1) through (3) above.
(5) 
The fees for pool permit, with UW lights: $15.
(6) 
The fees for storable pool, spa, hot tub: $15.
(7) 
The fees for signs: $15.
(8) 
The fees for light standards: $15.
(9) 
The minimum permit fee for work including the electrical subcode shall be $60.
G. 
Photovaltaic.
(1) 
Zero to 50 kilowatts: $58.
(2) 
Fifty-one to 100 kilowatts: $116.
(3) 
Above 100 kilowatts: $576.
H. 
Elevator subcode fee. The elevator subcode fees shall be established by the New Jersey Department of Community Affairs in accordance with N.J.A.C. 5:23-4.20.
I. 
The fee for mechanical inspection in a structure of Group R-3 or R-5 by a mechanical inspector shall be $54 for the first device and $13 for each additional device. No separate fee shall be charged for gas, fuel oil, or water piping connections associated with the mechanical equipment inspected. All mechanical inspections will be performed by the Plumbing Inspector.
A. 
Appointment; report to Township Committee. The Township Committee shall appoint a qualified person to the office of Construction Official, whose term of office shall be one year. The compensation of the Construction Official shall be established as a part of the annual Salary Ordinance. At the first meeting of the Township Committee each month, the Construction Official shall submit a report which shall list the permit numbers, parties to whom permits are issued, location of buildings to be erected or altered, estimated cost of the construction and the amount of the fees collected and deposited with the Treasurer during the preceding month.
B. 
Liability of Construction Official. The Construction Official, or any employee charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any act required or by reason of any act or omission in the discharge of his duties. Any suit brought against the Construction Official, or any person acting under him, because of such act or omission performed by him in the enforcement of any provision of this chapter shall be defended by the Legal Department of the Township until final termination of the proceedings.
C. 
Right of entry. The Construction Official, in the discharge of his official duties and upon proper identification, shall have authority to enter any structure or premises at any reasonable hour, subject to the requirement that he obtain a search warrant where required by due process of law.