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Borough of Pompton Lakes, NJ
Passaic County
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Table of Contents
Table of Contents
[1983 Code § 87-1; New]
There is established in the Borough of Pompton Lakes a State Uniform Construction Code enforcing agency, to be known as the Construction Department, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency.
[1983 Code § 87-2]
Each official position created in Subsection 19-1.1 hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended (N.J.S.A. 52:27D-119 through N.J.S.A. 52:27D-141) and N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position.
[1983 Code § 87-3]
The Construction Official and the Subcode Officials shall serve for terms of four years. Each shall be appointed by the Mayor with the advice and consent of the Borough Council.
[1983 Code § 87-4]
The Construction Official and the Subcode Officials shall receive such salary or compensation as may be fixed and adopted by the Salary Ordinance of the Borough of Pompton Lakes.
[1983 Code § 87-5]
The office of the Construction Department shall be at such location as the Council shall determine by resolution. 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.
[1983 Code § 87-6]
The Borough of Pompton Lakes shall enforce the State Uniform Construction Code established pursuant to P.L. 1975, c. 217, as amended, (N.J.S.A. 52:27D-119 through N.J.S.A. 52:27D-141) and N.J.A.C. 5:23.
[1983 Code § 87-7]
The following fire limits are hereby established, pursuant to N.J.A.C. 5:23.
A. 
Tax Map No. 1: Block 100, Lot 3.
B. 
Tax Map No. 3: Block 100, Lots 7, 8N, 9A, 10A, 10D and 10B.
C. 
Tax Map No. 4: Block 1600, Lots 1 through 6; Block 2000, Lots 6 through 10; Block 2100, Lots — entire block.
D. 
Tax Map No. 5: Block 2200, Lots — entire block, Block 2300, Lots — entire block.
E. 
Tax Map No. 6: Block 2400, Lots — entire block; Block 2500, Lots 1 and 2; Block 3000, Lots 1 through 39; Block 3100, Lots 1A, 1 through 10, excluding Lot 9; Block 3101, Lots 1 through 5; Block 6200; Lots 1 and 3; Block 6300, Lots 1 through 33, excluding Lots 8, 12, 13, 14, 15, 16, 17, 18, 19 and 20; Block 7000, Lots 1, 2, 4 and 28; Block 7100, Lots 1, 2, 13, 14, 15, 16, 17 and 18; Block 7400, Lots 1, 11, 12 and 14.
F. 
Tax Map No. 13: Block 6703, Lots 1 through 5; Block 9001, Lots 10 through 16.
G. 
Tax Map No. 14: Block 9000, Lots 15 through 25.
H. 
Block 100, Lot 3B.
[1983 Code § 87-8]
The Construction Official shall prepare and submit to the Mayor and Council biannually a report reevaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official and the Fire Subcode Official regarding those areas which should be designated as within the fire limits with the reasons therefor.
[1983 Code § 87-9; Ord. No. 2013-09; Ord. No. 2015-13; Ord. No. 2017-16 § 3]
A. 
Plan review fee. The fee for plan review shall be 25% of the total fee to be charged for the construction permit and shall be paid before the plans are reviewed. Said fee is nonrefundable in the case of a discontinuance of a building project pursuant to N.J.A.C. 5:23-2.27.
B. 
Construction permit fee. The fee for a construction permit shall be the sum of the subcode fees listed in Subsection B1 through 4 hereof and shall be paid before the permit is issued.
1. 
Building subcode fee. The building subcode fee shall be:
a. 
Construction
[Amended 6-26-2019 by Ord. No. 19-19]
(1) 
New construction only. The fee for commercial (R5 is excepted from commercial) shall be amended to add $0.044 for commercial cubic foot of the building and $0.035 for residential cubic foot.
(2) 
Renovations, alterations, reroofing, residing and repairs: $25 per $1,000 of estimated cost or part thereof.
b. 
The subcode fee for other commercial shall be $30 per $1,000 of estimated cost or part thereof and $25 per $1,000 of estimated cost or part thereof for other residential.
[Amended 6-26-2019 by Ord. No. 19-19]
c. 
For additions: $0.035 per cubic foot of buildings or structures or the added portion for residential and $0.044 for commercial.
[Amended 6-26-2019 by Ord. No. 19-19]
d. 
For combinations of renovations and additions, the sum of the fees computed separately as renovations and additions shall be charged.
e. 
For sheds over 200 square feet: $75.
f. 
For modular buildings: $100 per building unit.
g. 
Minimum fee: $85.
h. 
Plan review fee: 25% of the construction permit.
i. 
Signs: $2 per square foot. For double-faced signs, the surface area of only one side shall be used to calculate the fee.
[Added 6-26-2019 by Ord. No. 19-19]
j. 
Fences over six feet: $85.
[Added 6-26-2019 by Ord. No. 19-19]
k. 
Construction trailer: $100 per trailer.
[Added 6-26-2019 by Ord. No. 19-19]
l. 
Aboveground pool: $60.
[Added 6-26-2019 by Ord. No. 19-19]
m. 
In-ground pool: $150.
[Added 6-26-2019 by Ord. No. 19-19]
n. 
Change of contractor: $25.
[Added 6-26-2019 by Ord. No. 19-19]
o. 
Demolition permit: $250.
[Added 6-26-2019 by Ord. No. 19-19]
p. 
TCO (per month): $50.
[Added 6-26-2019 by Ord. No. 19-19]
q. 
Plan review: 25% of permit.
[Added 6-26-2019 by Ord. No. 19-19]
r. 
Re-review fee: $50.
[Added 6-26-2019 by Ord. No. 19-19]
s. 
Variations: Class 1-$450; Class 2-$275; Class 3-$100.
[Added 6-26-2019 by Ord. No. 19-19]
2. 
Plumbing subcode fee: The plumbing subcode fee shall be:
a. 
For installation, alteration and replacement: $25 per fixture/stack.
b. 
For installation, alteration and replacement of water service.
(1) 
Three-fourths-inch pipe: $50.
(2) 
From one-inch to two-inch pipe: $75.
c. 
For installation, alteration and replacement of sewer connections:
(1) 
One-family dwelling: $75.
(2) 
Commercial: $100.
(3) 
Industrial: $125.
(4) 
Multiple-family (including hotels, townhouses, condominiums, garden apartments, rooming houses, two-family houses, etc.): $50 per unit.
d. 
For installation, alteration and replacement of gas service: $25 per gas outlet.
e. 
For installation, alteration and replacement of gas or oil heating units: $50 per unit.
f. 
For installation, alteration and replacements of a backflow preventer or special devices: residential, $50 and commercial, $100.
g. 
Minimum fee: $85.
h. 
For installation, alteration and replacement of hot water heaters, the subcode fee shall be $50.
i. 
For the purpose of computing fees, fixtures or stacks shall include but not be limited to lavatories, kitchen sinks, slop sinks, sinks, urinals, water closets, bathtubs, shower stalls, laundry tubs, floor drains, drinking fountains, dishwashers, garbage disposals, clothes washers, hot-water heaters or similar devices.
j. 
Chimney liner: $100.
k. 
Plan review fee: 25% of the construction permit.
3. 
The electrical subcode fee. The electric subcode fee shall be:
a. 
Rough wiring:
(1) 
Receptacles and fixtures: first 20 or fraction thereof, $50; each additional 20 or fraction thereof $8.
(2) 
Each additional 25 outlets or fraction thereof: $8.
b. 
Swimming pools:
(1) 
Aboveground or in-ground: $75.
(2) 
Spa: $75.
(3) 
Hot Tub: $75.
(4) 
Fountain: $75.
c. 
Service meter equipment and feeders:
(1) 
Up to 100 amperes: $75.
(2) 
One hundred one to 200 amperes: $100.
(3) 
Two hundred one to 300 amperes: $150.
(4) 
Three hundred one to 1,000 amperes: $200.
(5) 
Over 1,110 amperes: $350.
d. 
Electric signs: $25.
e. 
Electric furnaces, welders, generators and transformers:
1. 
Single or group of five motors of one horsepower or one kilowatt: $15 per device but not less than $50 total.
2. 
Motors and electrical devices over one horsepower but less than 11 horsepower: $50.
3. 
Motors and electrical devices from 11 horsepower to 50 horsepower: $92.
4. 
Transformers and generators over one kilowatt:
5. 
Up to 100 horsepower: $125.
6. 
Over 100 horsepower: $425.
f. 
Heating and cooling (HVAC) equipment: $25 per unit. The minimum fee shall be $50.
g. 
Motion-picture equipment: Minimum fee: $100.
h. 
Radio and television receiving and transmitting equipment: Minimum fee of $100.
i. 
Miscellaneous or special equipment: Minimum fee of $25.
j. 
Minimum fee: $85.
k. 
For installation, alteration and replacement of an electric hot water heater, the subcode fee shall be $50.
l. 
Plan review fee: 25% of the construction permit.
4. 
Fire subcode fees. The fire subcode fees shall be:
Device/Equipment name
Quantity
Fee
Alarm devices- 110 volt in 1 & 2 family dwellings (Smoke and Carbon)
Not limited
$75
Alarm devices — Systems in other than 1 & 2 family dwellings
Up to 10
$75
11 to 25
$125
26 to 50
$185
51 to 100
$250
101 to 200
$350
201 + Groups of 25
$50
Fire sprinkler system value (Alarm, Dry Pipe, Preaction)
Per Value
$35
Fire Sprinkler Heads
Up to 20
$100
21 to 50
$150
51 to 100
$200
101 to 200
$250
201 to 400
$700
401 + Groups of 25
$50
Dwelling Fire Suppression Sprinklers in 1 & 2 Family Dwellings
Per Dwelling Unit
$50
Fire Pump — Subject to NFPA 20
Any Size
$105
Standpipe (Wet/Dry/Auto/Manual/Temporary)
Per Riser
$200
Pre-Engineered Fire Suppression Systems (Wet/Dry/CO2/Foam/FM200
Per System
$85
Kitchen Hood Exhaust
Per Hood
$110
Fireplace/Metal Chimney
Per Appliance
$55
Fuel Fired Appliance
Per Appliance
$55
Flammable/Combustible Liquid Storage Tank Serving 1 & 2 Family Dwellings
Any Size
$55
Flammable/Combustible Liquid Storage Tank
Up to 500 gal.
$75
501 to 1,000 gal.
$125
1,001 to 2,500 gal.
$200
2,501 to 5,000 gal.
$275
5,001 to 7,500 gal.
$300
Over 7,501 gal.
$375
Hazardous Material Stationary Tank Other than Flammable/Combustible Liquid
Any Size
$125
Motor Fuel Dispenser
Per Nozzle
$75
Storage Tank Demolition/Abandonment
Any Size
$75
Incinerator
Per Unit
$260
Crematorium
Per Unit
$260
Minimum fee
$85
Plan review fee
25% of the construction permit
The fees for the inspections required by § 19-3.4(B)(7) shall be as follows:
Request more than 10 business days before change of occupancy
$50
Request between 4 and 9 days before change of occupancy
$75
Request fewer than 4 days before change of occupancy
$125
5. 
Demolition permit fee. The fee for a permit for demolition of a building or structure shall be $150 per building or structure.
6. 
Building removal fee. The fee for a permit for removal of a building or structure from one lot to another or to a new location on the same lot shall be $25 per $1,000 of the sum of the estimated cost for moving for new foundations and placement in a completed condition in a new location, provided that the minimum fee shall be $50.
a. 
Guaranty bond. In addition to the demolition permit fee and building removal fee there shall be posted with the application for the permit a cash bond of $1,000 to be deposited with the Borough of Pompton Lakes to guarantee against damage to public facilities and property. Said bond shall be returned upon completion and the work and repair of all damage to public facilities and property.
7. 
Sign fee: The fee for a permit to construct a sign shall be $1 per square foot of surface area of the sign, provided that the minimum fee shall be $50. In the case of double-faced signs, the area of the surface of only one side of the sign shall be used for the purposes of fee computation.
8. 
Certificate of occupancy fee: The fee for a certificate of occupancy shall be in the amount of 10% of the new construction permit fee. The minimum fee shall be $75.
9. 
Elevator fee: The fee for a permit for installation of an elevator shall be $200 per elevator for each installation, $50 per elevator for reinspection and $160 per elevator for each five-year inspection.
10. 
Lapsed permit fee: The fee for reinstatement of a lapsed permit shall be in accordance with the fee charged for the permit as initially issued.
11. 
Mechanical subcode fees, one- and two-family existing residential houses.
[Added 6-26-2019 by Ord. No. 19-19]
a. 
Minimum fee: $85.
b. 
Water heater: $85.
c. 
Gas piping per connection: $50.
d. 
Fuel oil piping: $50.
e. 
Steam boiler: $50.
f. 
Hot oil furnace: $50.
g. 
Condensate line: $50.
h. 
Oil tank: $50.
i. 
Liquid propane gas tank: $50.
j. 
Generator: $75.
k. 
Fireplace: $50.
l. 
HVAC rooftop: $100.
m. 
Hot water boiler: $50.
n. 
Pool heater: $50.
o. 
Change of contractor: $25.
[1983 Code § 87-10]
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and Borough Council biannually a report recommending a fee schedule based on the operating expenses of the agency and other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act. (N.J.S.A. 52:27D-119 et seq.)
[1983 Code § 87-11; Ord. No. 2013-09]
A. 
In order to provide for the training and 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 above, a current surcharge fee as specified in section N.J.A.C. 5:23-4.19 of the Uniform Construction Code for per cubic foot volume of new building and additions and for all other construction shall be per $1,000 of value of construction.
B. 
The enforcing agency shall report annually, at the end of each fiscal year and not later than July 31, to the Bureau of Housing Inspection, the total amount of the surcharge fee collected in the fiscal year.
Penalties for violation of this section shall be in accordance with the provisions of Section 20 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-138), as amended. (N.J.S.A. 52:27D-138)
[1983 Code § 84-1]
As used in this section:
ENFORCEMENT OFFICER
The Construction Code Official or designee.
NONRESIDENTIAL PREMISES
A structure that is not a residential premises as herein defined.
RESIDENTIAL PREMISES
A structure equipped with cooking facilities and designed for use as living space for one or more people, including but not limited to one- or two-family homes, duplexes, townhouses, condominiums and multiple-family dwellings.
[1983 Code § 84-2]
No residential or nonresidential premises may be changed in tenancy, use, occupancy or ownership unless a certificate of continued occupancy shall be obtained from the Construction Official.
[1983 Code § 84-3]
An application for a certificate under this section shall be obtained from and submitted to the Construction Official on forms as prescribed by the Borough.
[1983 Code § 84-4]
A. 
The Construction Official shall conduct an inspection of residential and nonresidential premises whenever a tenancy, use, occupancy or ownership of the premises is proposed to occur and an application submitted.
B. 
The inspection of residential premises shall include all items listed as follows:
1. 
Pressure blow-off: located at the top of the hot water heater and boiler and must extend downward to six inches above floor.
2. 
Stairway handrails: grip-sized handrails are required on steps with four or more risers. No open stairways. Guardrails on porches and landings higher than 30 inches above grade are required, a minimum of 36 inches in height with a maximum of four inches between balusters.
3. 
House numbers: All premises must have house numbers in compliance with Borough regulations set forth in § 19-4, Building Numbering System, of the Borough Code.
4. 
Appliance connection to chimney: The connection from the water heater, furnace, boiler or stove to the chimney must be secured firm and sealed around the chimney opening.
5. 
Electric wires: No loose electric wires, unprotected or uncovered boxes are permitted.
6. 
Sidewalks: Sidewalks must be maintained by owners and must comply with Chapter 13, Streets and Sidewalks, of the Borough Code.
7. 
Smoke detector, carbon monoxide detector and fire extinguisher inspections are required by the Fire Prevention Bureau.
C. 
The inspection of nonresidential premises shall be limited to visible life safety issues. The fee shall include building, plumbing, electric and fire inspections.
[1983 Code § 84-5]
The Construction Official shall, within 10 days of receipt of the application, issue the certificate if the premises comply with all inspection requirements established in or referenced by this section. In the event of noncompliance, the Construction Official shall notify the applicant, setting forth the basis of noncompliance and advising the applicant of remedial action needed for compliance.
[1983 Code § 84-6]
The Borough does not warrant or guaranty to a tenant, owner, occupant, mortgagee, landlord or any other person or entity that the premises are free from any defect, whether latent or patent; nor is the Borough, its agents or employees liable for any claim, damage or injury caused to any person or property as a result of any violation which may exist but which is not included in the inspection report.
[1983 Code § 84-7]
A. 
A fee of $75 shall accompany each application for a certificate for residential premises.
B. 
A fee of $200 shall accompany each application for a certificate for a nonresidential premise.
C. 
The Construction Official may waive an application fee if a certificate has been issued for the premises within 90 days of the date of the application. An applicant shall be entitled to one follow-up inspection at no charge. The fee for additional follow-up inspections shall be $25 per inspection.
[1983 Code § 84-8]
Any person or entity who or which violates any provision of this chapter shall, upon conviction, be punishable by a fine not less than $100 nor more than $2,000, and/or imprisonment up to 90 days, and/or a period of community service up to 90 days.
[1983 Code § 84-11]
If the occupancy of the premises for which a certificate of occupancy has been issued is not commenced within six months after the date of such issuance, such certificate of occupancy shall expire and a new certificate of occupancy shall be obtained before such occupancy is commenced.
[1983 Code § 77-1]
Each building lot 25 feet in width or less fronting on any of the streets hereinafter named shall be numbered as herein provided:
A. 
Lots fronting on Corning Avenue, Pequannock Avenue and Riverview Road, beginning at the Hamburgh Turnpike, shall be numbered from one upward consecutively, that is to say, even numbers on the south side and odd numbers on the north side of said several streets.
B. 
Lots fronting on Lakeside Avenue, Lenox Avenue, Bartholf Avenue, Cannonball Road, Pompton Avenue and Passaic Avenue, beginning at Wanaque Avenue, shall be numbered from one upward consecutively, that is to say, even numbers on the south side and odd numbers on the north side of said several streets.
C. 
Lots fronting on Adrian Street, Legion Street, Grant Avenue, Perrin Avenue, Jefferson Avenue, Schuyler Avenue and Mandeville Street, beginning at Lakeside Avenue, shall be numbered from one upward consecutively, that is to say, even numbers on the west side and odd numbers on the east side of said several streets.
D. 
Lots fronting on Colfax Avenue beginning at Lakeside Avenue shall be numbered from 17 upward consecutively, that is to say, even numbers on the south side and odd numbers on the north side of said street.
E. 
Lots fronting on Romaine Avenue, Van Avenue and Lambert Street, beginning at the Susquehanna Railroad, shall be numbered from one upward consecutively, that is to say, even numbers on the west side and odd numbers on the east side of said several streets.
F. 
Lots fronting on Van Ness Avenue and Mathes Avenue, beginning at Riverview Road, shall be numbered from one upward consecutively, that is to say, even numbers on the west side and odd numbers on the east side of said several streets.
G. 
Lots fronting on Willard Street, Albert Street, Kluge Street, Hershfield Street and Broad Street, beginning at Ringwood Avenue, shall be numbered from one upward consecutively, that is to say, even numbers on the south side and odd numbers on the north side of said several streets.
H. 
Lots fronting on Grove Street and Laura Street, beginning at Wanaque Avenue, shall be numbered from one upward consecutively, that is to say, even numbers on the west side and odd numbers on the east side of said several streets.
I. 
Lots fronting on Lincoln Avenue beginning at Pompton Avenue shall be numbered from 400 upward consecutively, that is to say, even numbers on the west side and odd numbers on the east side of said street.
J. 
Lots fronting on Cedar Street beginning at Mandeville Street shall be numbered from one upward consecutively, that is to say, even numbers on the east side and odd numbers on the west side of said street.
K. 
Lots fronting on Ramapo Avenue beginning at Lakeside Avenue shall be numbered from one upward consecutively, that is to say, even numbers on the west side and odd numbers on the east side of said street.
L. 
Lots fronting on Whitney Avenue beginning at Ramapo Avenue shall be numbered from one upward consecutively, that is to say, even numbers on the south side and odd numbers on the north side of said street.
M. 
Lots fronting on Butler Street beginning at Center Street shall be numbered from one upward consecutively, that is to say, even numbers on the south side and odd numbers on the north side of said street.
N. 
Lots fronting on Center Street beginning at Paterson — Hamburgh Turnpike shall be numbered from one upward consecutively, that is to say, even numbers on the west side and odd numbers on the east side of said street.
O. 
Lots fronting on Paterson. Hamburgh Turnpike beginning at Riverdale Borough line shall be numbered from one upward consecutively, that is to say, even numbers on the south side and odd numbers on the north side of said street.
P. 
Lots fronting on Ringwood Avenue beginning at the Wanaque Borough line shall be numbered from one upward consecutively, that is to say, even numbers on the west side and odd numbers on the east side of said street.
Q. 
Lots fronting on Midland Avenue and Montclair Avenue, beginning at Hershfield Street, shall be numbered from 100 upward consecutively, that is to say, even numbers on the west side and odd numbers on the east side of said several streets.
R. 
Lots fronting on Wanaque Avenue beginning at Ringwood Avenue shall be numbered from one upward consecutively, that is to say, even numbers on the west side and odd numbers on the east side of said street.
S. 
Lots fronting on Orchard Street and Durham Street, beginning at Perrin Avenue, shall be numbered from one upward consecutively, that is to say, even numbers on the south side and odd numbers on the north side of said several streets.
[1983 Code § 77-2]
Where a street consists of more than one block, the numbers of the second block shall begin with number 101, the numbers of the third block shall begin with number 201, and each block thereafter shall begin with a consecutive 101.
[1983 Code § 77-3]
It shall be the duty of every owner of lands fronting on any street listed in this section on which there is erected a dwelling house or any other building to place in a conspicuous place on such house or building the lot numbers. All houses or buildings hereafter erected upon any lot fronting on any of said streets shall have placed, in a conspicuous place on such house or building, the lot number within 30 days from the completion of such building.
[1983 Code § 77-4]
Any person or corporation violating any of the provisions of this section shall forfeit and pay a penalty of $50 for each offense; the Judge, however, before whom conviction is had, shall fix the amount of said penalty, not in excess of the maximum herein provided.
[New]
The requirements for private storm drain inlet retrofitting can be found in Chapter 13, Streets and Sidewalks, § 13-34.
[Ord. No. 2013-21]
No owner or occupant of any property in the Borough shall use, permit or suffer the use of a permanent or temporary storage container, trailer, truck body, pod or any similar structure or device for permanent or temporary storage on such property without first obtaining a permit or extension permit from the Construction Code Official or Municipal Clerk.
A. 
The fee for the issuance of a permit shall be $50.
B. 
The fee for the issuance of an extension permit shall be $25.
C. 
Any permit issued under this section may be suspended or revoked by the Construction Code Official, subject to review by the Borough Administrator.
[Ord. No. 2013-21]
Except as may otherwise be set forth in this section, temporary storage is defined as the storage of goods, inventory, supplies, construction materials, construction debris or any other such materials for a period not exceeding seven calendar days.
A. 
Temporary storage, unless set forth otherwise hereafter, shall only be stored in a storage container or pod like device approved by the Construction Official or designee.
[Ord. No. 2013-21]
Permanent storage is the storage of materials as set forth above for a period of longer than seven calendar days.
A. 
Permanent storage, unless set forth otherwise hereafter, shall only be stored in a storage container or pod like device approved by the Construction Official or designee.
[Ord. No. 2013-21]
Unless set forth otherwise in this section, no permanent storage device or structure shall be located on any property except as follows.
A. 
Any such storage device or structure shall be owned or leased by a resident of the premises or the resident shall have granted permission for such storage.
B. 
Any such storage device or structure shall be located in a side or rear yard only, but in no event in a yard abutting a street.
C. 
Any such storage device or structure shall be located so as to meet yard and setback requirements applicable to accessory buildings in the subject zone or district.
D. 
No such storage device or structure shall eliminate any off street parking area on the subject property.
E. 
Any such storage device or structure shall be screened from view from an adjoining property or street by dense evergreen planting or fencing compliant with zoning regulations except where existing natural screening exists or where topographic conditions would render such screening ineffective or superfluous, and such conditions are demonstrated to the satisfaction of the Construction Code Official or Zoning Officer.
[Ord. No. 2013-21]
The time and location restrictions for storage in storage devices as set forth above shall not be applicable. Storage in storage devices approved by the Construction Code Official or designee shall be permitted for such time as permitted by the Construction Code Official or designee subject to the procurement of the required license and the following conditions.
A. 
The approved storage device shall be located on the construction site of the facility being built, repaired or renovated. The location of storage devices on the subject property shall be regulated by the Construction Code Official taking into account public health, safety and welfare.
B. 
The number of approved storage devices on the subject property shall be regulated by the Construction Code Official or designee taking into account public health, safety and welfare.
C. 
Storage shall be permitted for the following:
1. 
Such items and equipment necessary to conduct the renovation, repair or construction.
2. 
Merchandise, material, equipment and items which existed on the subject property prior to the commencement of the renovation, repair or construction. Retail sales of stored items shall not be permitted during the period of storage.
D. 
Storage shall be permitted for the period of renovation, repair or construction but for an initial period not to exceed three months. Extensions for storage may be granted by the Construction Code Official in three month increments.
E. 
In such case that the site shall contain more than five storage devices, the following shall apply.
1. 
A chain link fence at least six feet high shall be erected around the storage area.
2. 
A security guard shall be provided on a twenty-four-hour basis at the sole cost of the owner or occupant of the property.
3. 
The area within the perimeter of the fence shall be adequately illuminated.
4. 
When the storage permit or extensions have expired, the storage devices shall be removed from the site and the site shall be restored to such condition as approved by the Construction Code Official or designee within 30 days of the removal of the storage devices.
[Ord. No. 2013-21]
The time and location restrictions for storage in storage devices as set forth above shall not be applicable. Storage in storage devices approved by the Construction Code Official or designee shall be permitted for such time as permitted by the Construction Code Official or designee subject to the procurement of the required license and the following conditions. Residential sites shall be those sites upon which residential renovation, repair or construction is being conducted on a one to four family residence. Larger residential renovation, repair or construction shall be governed under Subsection 19-6.5 above.
A. 
The approved storage device shall be located on the construction site of the residence being built, repaired or renovated. The location of storage devices on the subject property shall be regulated by the Construction Code Official taking into account public health, safety and welfare. The Construction Code Official shall make every effort to permit the location of the storage device no closer than 10 feet to an adjoining property line except when the storage device is located completely within a paved driveway.
B. 
No more than one storage device shall be permitted on the subject property at any one time. The storage device shall be no larger than 20 feet long and eight feet wide.
C. 
Storage shall be permitted for the period of renovation, repair or construction but for an initial period not to exceed three months. Extensions for storage may be granted by the Construction Code Official in three month increments.
[Ord. No. 2013-21]
Notwithstanding anything in this section to the contrary, it shall not be a violation of this section for any owner or occupant of property in the Borough, which has been damaged during a Borough recognized flood event, to use a storage device for a period of up to 90 days for temporary storage on the subject property after the date the flood event subsides. There shall be no permit fee associated with the required permit under this exception.
[Ord. No. 2013-21]
A. 
The violation of any provision of this section shall be punished as allowed by N.J.S.A. 40:69A-29, as amended, by a fine not to exceed $2,000, or such maximum penalty as permitted under New Jersey Statutes as amended, and/or by imprisonment for a term not to exceed 90 days and/or a period of community service not to exceed 90 days; provided however, that when the maximum penalty fixed by an applicable state statute is less, by force of said statute or by judicial construction, than any penalty fixed by the Borough Code, then the limitations of such statute shall be applicable.
B. 
A separate offense shall be deemed to have been committed on each day during or on which a violation of this section occurs or continues.
C. 
The imposition of a fine, imprisonment or community service as punishment for violation of this section shall not be deemed to be in lieu of any other provision providing for revocation or suspension of any license or permit issued by the Borough.