[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.]
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previously followed this section, were repealed 9-3-1991 by Ord.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.
[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; 8-16-2022 by Ord. No. 2022-15]
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 $70.
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 $0.038 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 6 of the
Building Subcode; except that the fee shall be $0.021 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 $0.0011 per cubic foot for structures on
farms, including commercial farm building, under N.J.A.C. 5:23-3.2(d)
with the maximum fee from such structures on farms not to exceed $1,602.
(2)
Fees for renovations, alterations and repairs or site construction associated with preengineered 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 $34 per $1,000. From $50,001 to and including $100,000, the additional fee shall be in the amount of $26 per $1,000 of estimated cost above $50,000. Above $100,000, the additional fee shall be in the amount of $22 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 $0.45
per square foot provided that the minimum fee shall be $70.
(5)
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 $210.
(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 $106 other than a class 3 residential structure shall be
based upon the cost of construction.
(6)
The fee for temporary structures and structures for which volume
cannot be computed, such as above ground 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.
(7)
The fee for fencing exceeding six feet in height shall be $50.
(8)
The fee for a permit to construct a sign shall be $3 per square foot
computed on one side only for a single or double-faced sign provided
that the minimum fee shall be $65.
(9)
(Reserved)
(10)
The fee for installation or replacement for storage systems
of flammable and combustible liquids shall be $75 per tank up to and
including those with a capacity of 1,000 gallons, and $95 per tank
for those with capacities exceeding 1,000 gallons.
(11)
The fee for a permit to demolish a building or structure shall
be as follows: Use Groups R-5 shall be $75; buildings and structures
incidental to Use Group R-5 shall be $25 and all other use groups
shall be $100.
(12)
Fees for moving of a building shall be $100.
(13)
For purposes of estimating 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 $91 for Use Group R-5 and $91 for all other use groups.
(3)
The minimum permit fee for work, including the plumbing subcode,
shall be $70.
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.
(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. 5:23-8.9 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: $40.
(c)
Certificate of occupancy for principal buildings or structures
of all other use groups: $40.
(d)
Certificate of occupancy for accessory buildings of all other
use groups: $40.
(e)
Multiple certificates of occupancy for all use groups per unit:
$40.
(f)
Certificates of occupancy for change of use group only: $168.
(g)
Certificates of continued use or occupancy: $168.
(h)
The fee for first issuance or renewal of a temporary certificate
of occupancy shall be $40.
(8)
Fees for certificates of compliance as required by N.J.A.C. 5:23-2.23(K)
are as follows:
(9)
State of New Jersey training fees shall be in the amount of $0.00371
per cubic foot of volume of all new construction and $1.90 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 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 shall be $20.
E.
Fire Protection Subcode fees are as follows:
(2)
Fee for each standpipe: $321.
(3)
Fee for each gas or oil fired appliance not connected to the plumbing
system: $65.
(4)
Commercial kitchen exhaust system, each: $65.
(5)
Pre-engineered suppression systems, each: $129.
(8)
Manual or automatic alarm systems: $50.
(9)
Central control system: $50.
(10)
The fire protection subcode fee shall be a minimum of $70 for
single-family dwellings; and $100 for all other structures.
F.
Electrical subcode fees are as follows:
(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 hp: $15.
(b)
For each electrical device, generator, transformer rated over
10 kilowatts to 45 kilowatts: $65.
[1]
For each motor rated over 10 hp to 50 hp; or for each air conditioner
feeder and disconnect, commercial: 11 to 50 hp, plus unit.
(c)
For each electrical device, generator, transformer rated over
45 kilowatts to 112.5 kilowatts: $129.
[1]
For each motor rated over 50 hp to 100 hp; or for each air conditioner
feeder and disconnect, commercial; 51 hp or over, plus unit.
(d)
For each electrical device, generator, transformer rated over
112.5 kilowatts: $640.
(e)
For each motor over 100 hp: $640.
(3)
The fees for service panels, service entrances, sub panels are as
follows:
(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 $77 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 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: $77.
(6)
The fees for storable pool, spa, hot tub: $77.
(7)
The minimum permit fee for work, including the electrical subcode
shall be $70.
H.
Elevator Subcode fee.
(1)
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 $60 for the first device and
$15 for each additional device. No separate fee shall be charged for
gas, fuel oil, or water piping connections associated with the mechanical
equipment inspected.
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.
