Township of Manchester, NJ Chapter 133 Construction Codes, Uniform

[HISTORY: Adopted by the Township Council of the Township of Manchester as indicated in article histories. Amendments noted where applicable.]

Article I (Reserved) [1]

[1] Editor's Note: Former Art. I, Certificate of Reoccupancy, adopted by Ord. No. 69-3 (Sec. 11-1.5 of the 1996 Revised General Ordinances), as amended, was repealed 2-8-2021 by Ord. No. 21-06.

§ 133-1 (Reserved)

Article II Uniform Construction Code

[Adopted by Ord. No. 76-79 (Secs. 11-1.1 to 11-1.4 of the 1996 Revised General Ordinances)]

§ 133-2 Enforcing agency.

A. There is hereby established in the Township of Manchester a State Uniform Construction Code Enforcing Agency within the Township of Manchester, Division of Inspections, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official and any necessary assistants, field inspectors and trainees as shall be appointed by the Mayor of the Township of Manchester by resolution 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. It shall not be required that each subcode official position be filled by a separate person; however, any person holding more than one subcode official position shall be qualified for all such positions. All such subcode officials and their assistants shall, for the purposes of the code and this section and its enforcement, be subject to the procedures and policies of the enforcing agency and primarily responsible to the Construction Official. Provided further, that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.S.A. 52:27D-126a and the regulations adopted by the Commissioner to hold such position.

B. Term of office. Pursuant to N.J.S.A. 52:27D-126b, the term of office for the municipal Construction Official and any subcode official shall be for a period of four years (except trainees). Assistants and field inspectors may be hired on a full- or part-time basis at the discretion of the Mayor.

C. Qualifications. Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217 Section 8c (N.J.S.A. 52:27D-126b and c) and as otherwise required by the rules and regulations promulgated by the Commissioner of Community Affairs. The Mayor by resolution may designate a subcode official to act as the Construction Official or an assistant to act as a subcode official for a period not exceeding 30 consecutive days or 60 calendar days in a calendar year, even if such subcode official or assistant is not certified by the Commissioner as a Construction Official; however, employees of on-site inspection agencies shall not act as Construction Officials.

D. Central permit office. The public shall have the right to do business with the enforcing agency at one office location except for emergencies and unforeseen or unavoidable circumstance. The location of the central permit office shall be in the Division of Inspections, 1 Colonial Drive, in the Township of Manchester. This office shall receive applications for construction permits and planned review, it shall issue construction permits and certificates of occupancy, collect fees, penalties, fines and issue notices and orders. The office shall be opened during normal business hours at times to be determined by the Business Administrator of the Township of Manchester which shall be posted in a conspicuous place.

E. Duties, administration and enforcement. The duties of the Construction Official and the subcode official and their assistants shall be as set forth in the Code and Regulations promulgated by the Commissioner of Community Affairs, in Part III, Article 3. Upon examination, approval of application for permits and issuing of permits shall be in accordance with N.J.S.A. 52:27D-131, 133. The official shall have the authority to inspect and the right of entry as set forth in N.J.S.A. 52:27D-132, and in accordance with the code and regulations promulgated thereunder.

§ 133-3 Fees.

[Amended by Ord. No. 77-89; Ord. No. 77-102; Ord. No. 81-190; Ord. No. 86-278; Ord. No. 87-334; Ord. No. 90-87-334A; Ord. No. 40-107; Ord. No. 91-136; Ord. No. 92-164; Ord. No. 92-164A; Ord. No. OR96-035; Ord. No. 98-016; Ord. No. 99-003; Ord. No. 02-032; Ord. No. 03-003; 2-12-2007 by Ord. No. 07-001; 7-23-2007 by Ord. No. 07-032; 6-14-2010 by Ord. No. 10-012; 10-24-2010 by Ord. No. 10-029; 1-24-2011 by Ord. No. 10-035; 12-10-2018 by Ord. No. 18-033; 2-22-2021 by Ord. No. 21-10]

The fee for a construction permit shall be the sum of the subcode fees as listed hereof and shall be paid before the permit is issued.

A. Building subcode fees. Minimum fee shall be $75.

(1) New construction. 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. Use groups are as classified and defined in Chapter 3 of the ICC, NJ Edition.

(a) Per cubic foot of volume [except as in Subsections A(1)(b) and (c) below]: $0.045.

(b) use groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2: $0.034.

(c) Structures on farms used exclusively for storage of grains or food, or sheltering of livestock: $0.007. Maximum fee on farm buildings: $850.

(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 the work. To determine the estimated cost, the applicant shall submit to the Construction Official such cost data as may be made available by the architect or engineer of record, or by a recognized estimating firm, or by a bona fide contractor's bid. The Construction Official shall make the final decision regarding estimated cost.

(a) $1 to $49,999: $30 per $1,000.

(b) $50,000 to $100,000: $20 per $1,000.

(c) Over $100,000: $18 per $1,000.

(d) Minimum fee: $75.

(3) Addition. Fees shall be computed on the same basis as for new construction for the added portion.

(4) Combination renovations and additions. Fees shall be the sum of fees computed separately for renovation and addition.

(5) Demolition or removal, including fuel storage tanks. The fee shall be as follows:

(a) Structures less than 5,000 square feet and less than 30 feet in height, single-family residences (R-5) in the building code, and structures on farms as per N.J.A.C. 5:23-3.2(d): $75.

(b) All other use groups: $100.

(6) Temporary structures, including but not limited to tents, sales trailers, air-supported structures, temporary mobile homes: $92.

(7) Swimming pools. The fee shall be as follows:

(a) Residential aboveground: $100.

(b) Residential in-ground: $175.

(c) Commercial, public ($20 per $1,000 of cost minimum): $200.

(d) Pool barrier - residential use groups: $100.

(e) Pool barrier - all other use groups: $200.

(8) Storage sheds and similar structures. The fee shall be as follows:

(a) Over 100 square feet or larger: same as new construction.

(9) Signs. The fee shall be $1.50 per square foot of surface area of the sign, computed on one side only for double-faced signs. Minimum fee: $75.

(10) All use groups except R-5: Cost of Alterations under Section A(2)(a), (b), (c)

(11) Retaining walls. Fees for retaining walls shall be as follows:

(a) The fee for a retaining wall with a surface area greater than 550 square feet shall be $225.

(b) The fee for a retaining wall with a surface area of 550 square feet or less shall be $175.

B. Plumbing subcode fees. Minimum fee: $75.

(1) Plumbing fixtures and equipment. The fees shall be as follows:

(a) For each fixture, piece of equipment or appliance connected to the plumbing system, and for each appliance connected to the gas or oil piping system, except as indicated in Subsection B(1)(b) below, the fee shall be: $20.

(b) For each special device, including but not limited to the following: grease traps, oil separators, refrigeration units, water service connections, sewer service connections (on multiple units, the fee is per unit), backflow preventers equipped with test ports (double check-valve assembly, reduced pressure zone and pressure vacuum breaker backflow preventers), steam boilers, hot water boilers (excluding those for domestic water heating), active solar systems, sewer pumps, interceptors, gas and/or oil piping, modular water piping and modular building drains: $85.

(c) Replacement of hot water heaters:

[1] R use groups: $75.

[2] All other use groups: $100.

(2) Hot water base board heat:

(a) One foot to 150 feet: $46.

(b) Over 150 feet: $60.

(3) Installation of propane fuel storage tanks.

(a) R-5 use group: $75.

(b) All other use groups: $750.

(4) Gas- or oil-fired furnaces or RTUs.

(a) R-5 use group: $75.

(b) All other use groups: $100.

(5) Lawn sprinkler backflow preventer(s):

(a) R-5 use group: $60.

(b) All other use groups: $100.

(6) Cross-connections and backflow preventers annual test: $75.

(7) Dishwasher for all use groups except R: $100.

(8) Annual fee for quarterly inspection/review of quarterly reports for grease traps: $100.

C. Mechanical subcode fees. The minimum fee shall be $75.

(1) Replacement water heaters: $75.

(2) Replacement air conditioner (R-5 use group): $85.

(a) All other use groups: $100.

(3) Replacement furnaces: $75.

[Amended 5-10-2021 by Ord. No. 21-18]

(4) Boilers (R-2 & R-5 only): $85.

(a) All other use groups: $120.

(5) Generators.

(a) R-5 use group: $75.

(b) All other use groups: $100

(6) Pool heaters: $85.

(7) Gas fireplace:

(a) R-5 use group: $75.

(b) All other use groups: $120

(8) Water filtration systems:

(a) R-5 use group: $75.

(b) All other use groups: $120

D. Fire subcode fees. The minimum fee shall be $75. Fire subcode fees for fire protection and hazardous equipment, sprinklers, standpipes (smoke and heat), pre-engineered suppression systems, gas- and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums shall be as follows:

(1) Gas- or oil-fired appliances (not connected to the plumbing system): $75.

(2) Fire suppression systems (sprinkler systems):

(a) One to 20 heads: $65.

(b) Twenty-one to 100 heads: $120.

(c) One hundred one to 200 heads: $229.

(d) Two hundred one to 400 heads: $594.

(e) Four hundred one to 1,000 heads: $822.

(f) Over 1,000 heads: $1,050.

(3) Fire detectors and alarms (smoke, heat, duct, flame and beam). Each system will be computed separately.

(a) One to 12 devices: $75.

(b) Each additional 25 devices: $15.

(4) Fire pumps: $150.

(5) Standpipes systems (per standpipe): $229.

(6) Independent pre-engineered systems (CO2 suppression, halon suppression, foam suppression, dry chemical suppression, wet chemical suppression), each system: $92.

(7) Kitchen exhaust system (per system): $46.

(8) Incinerators: $365.

(9) Crematoriums: $365.

(10) Fuel-dispensing units (per pump): $92.

(11) Installation of fuel storage tanks:

(a) R-5: $75.

(b) All other use groups: $150.

(12) Hydraulic calculation review for all use groups: $50.

(13) Water tank and/or underground fire main: $150.

(14) Tank-monitoring system (per tank): $50.

(15) Smoke-removal system [includes smoke detectors (up to six) not otherwise covered]: $150.

(16) Elevator recall: $100.

(17) Automatic smoke-fire control doors or shutters (pair), security locking devices integrated with alarm systems: $75.

E. Electrical subcode fees. Minimum fee: $75.

(1) For the first block consisting of one to 25 receptacles, fixtures or devices, the fee shall be $75; for each additional block consisting of up to 25 receptacles, fixtures or devices, the fee shall be $10. For the purpose of computing this fee, receptacles, fixtures or devices shall include lighting fixtures, wall switches, convenience receptacles, sensors, dimmers, alarm devices, smoke and heat detectors, communications outlets, light standards eight feet or less in height, including luminaries, emergency lights, electric signs, exit lights or similar electric fixtures and devices rated 20 amperes or less, including motors or equipment rated less than one horsepower (hp) or one kilowatt (kw).

(2) For each motor or electrical device rated from one hp or one kw to 10 hp or 10 kw; for each transformer or generator rated from one kw or one kva to 10 kw to 10 kva; for each replacement of wiring involving one branch circuit or part thereof; for each storable pool or hydro massage bathtub; for each underwater lighting fixture; for household electric cooking equipment rated up to 16 kw; for each fire, security or burglar alarm control unit; for each receptacle rated from 30 amperes to 50 amperes; for each light standard greater than eight feet in height including luminaries; and for each communications closet, the fee shall be $25.

(3) For each motor or electrical device rated from greater than 10 hp or 10 kw to 50hp or 50 kw; for each service equipment, panel board, switch board, switch gear, motor-control-center, or disconnecting means rated 225 amperes or less, for each transformer or generator rated from greater than 10 kw or 10 kva to 45 kw or 45 kva, for each electric sign rated from greater than 20 amperes to 225 amperes including associated disconnecting means, for each receptacle rated greater than 50 amperes, and for each utility load management device, the fee shall be $100.

[Amended 5-10-2021 by Ord. No. 21-18]

(4) For each motor or electrical device rated from greater than 50 hp or 50 kw to 100 hp or 100 kw; for each service equipment, panel board, switch board, switch gear, motor-control-center or disconnecting means rated from greater than 225 amperes to 1,000 amperes, and for each transformer or generator rated from greater than 45 kw or 45 kva to 112.5 kw or 112.5 kva, the fee shall be $250.

[Amended 5-10-2021 by Ord. No. 21-18]

(5) For each motor or electrical device rated greater than 100 hp or 100 kw; for each service equipment, panel board, switch board, switch gear, motor-control-center or disconnecting means rated greater than 1,000 amperes, and for each transformer or generator rated greater than 112.5 kw or 112.5 kva, the fee shall be $650.

(6) The fee charged for electrical work for each permanently installed private swimming pool as defined in the building subcode, spa, hot tub or fountain shall be a flat fee of $100, 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, underwater lighting fixtures.

(7) For electrical work requiring replacement of service entrance conductors or feeder conductors only, the fee shall be based on the designated ampere rating of the overcurrent device of the service or feeder as follows:

(a) For 225 amperes or less, the fee shall be $100.

(b) For 226 to 1,000 amperes, the fee shall be $250.

(c) Greater than 1,000 amperes, the fee shall be $750.

(8) For photovoltaic systems, the fee shall be based on the designated kilowatt rating of the solar photovoltaic system as follows:

(a) One to 50 kilowatts, the fee shall be $100.

(b) Fifty-one to 100 kilowatts, the fee shall be $200.

(c) Greater than 100 kilowatts, the fee shall be $750.

(9) Replacement of hot water heaters: $50.

F. Elevator subcode fees. The elevator subcode fees shall be as published in N.J.A.C. 5:23-4.20, Departmental Fees, and in N.J.A.C. 5:23-12, Elevator Safety Subcode.

G. Certificate of occupancy fees and other permits:

(1) Certificate of occupancy: $75.

(2) Certificate of occupancy for change in use: $125.

(3) Certificate of continued occupancy: $125.

(a) Tenant/agent to provide the following:

[1] Completed construction application.

[2] Completed building, electrical, plumbing and fire subcode application.

[3] Layout drawing by New Jersey registered architect.

[4] Letter of intent.

[5] Zoning sign-off.

[6] Health Department sign-off, if applicable.

[7] Other prior approvals, if applicable.

(b) A continued certificate of occupancy is needed for any change in tenant. If any work is being done, i.e., new carpeting, walls, additional electrical outlets, etc., then an application for each subcode must be filled out and submitted with a copy of the contract and two copies of signed sealed architectural plans as well as all of the above.

(c) A certificate of continued occupancy is required for every nonresidential property whenever a change in occupancy occurs which involves reinspection of all areas of life safety. Construction permits must be obtained for all proposed modifications.

(4) Temporary certificate of occupancy extension (with the exception of engineering or soil conservation): $35.

(5) Permit for lead hazard abatement: $140.

(6) Lead abatement clearance certificate: $28.

(7) Administrative fee for permit issued for asbestos abatement: $70.

(8) Certificate of occupancy following asbestos abatement: $75.

(9) Reinstate a lapsed construction permit, 10% of the original cost, plus any amendments to the fee ordinance (minimum fee): $75.

(10) Plan review fee shall be 20% of the amount charged for a new construction permit.

(11) Variation applications:

(a) Class I buildings and/or structures: $594.

(b) Class II and III buildings and/or structures: $120.

(c) Resubmission for Class I applications: $229.

(d) Resubmission for Class II and III applications: $120.

(12) Annual permits.

(a) Construction permit. Flat fee based upon the number of maintenance workers who are employed by the facility, and who are primarily engaged in work that is governed by a subcode. Managers, engineers, and clericals shall not be considered maintenance workers for the purpose of establishing the permit fee.

(b) Annual permits may be issued for building, fire protection, electrical and plumbing.

[1] One to 25 workers, the fee shall be $667.

[2] Over 25 workers, each additional worker shall be $150.

(c) Training registration fee, to be paid prior to issuance of an annual permit, fees shall be submitted (payable to "Treasurer State of New Jersey," per subcode): $140.

H. Training, certification and technical. The enforcing agency shall collect, in addition to the fees specified above, a surcharge of $0.0016 per cubic foot of volume of new construction and $0.80 per $1,000 of value of all other construction. Such fees shall be submitted to the Department of Community Affairs of the State of New Jersey.

I. Waiver of permit fees for disabled persons. There shall be no permit fees charged for disabled persons' accessible home improvements (R-2, R-3, and R-5 use groups only).

J. Exceptions. Pursuant to and in accordance with N.J.S.A. 52:27D-126d et seq., the Township of Manchester may waive, by resolution, all enforcing agency fees for nonprofit organizations for construction within its boundaries including but not limited to construction permit fees, zoning fees and surcharge fees.

K. Review fees.

(1) Plot plan review: $200 for the first submittal; $100 for any ensuing submittal.

(2) Final engineering review for certificate of occupancy: $200 for the first and any ensuing submittal (additional field inspection required).

(3) Top of foundation review: $85.

L. Plan review fee schedule for uniform construction code plans.

(1) A nonrefundable plan review fee payment of $350 shall accompany the construction permit application for all proposed newly constructed R-2, R-3, R-4 and R-5 use groups.

(2) A nonrefundable plan review fee of $75 shall accompany a construction permit application for all other use groups and for all additions, renovations, alterations and reconstruction work performed on existing structures.

(3) The total review fee shall be deducted from the total cost of the construction permit fee.

(4) Partial release fee for plan review and permit process for each occurrence: $75.

(5) There shall be an additional fee of $75 per hour for review of any amendment or change to a plan that has already been released. Minimum fee: one hour.

§ 133-4 Construction Board of Appeals.

[Amended by Ord. No. 76-79]

A. Organization.

(1) Membership; term; qualifications of members.

(a) There is hereby established a Construction Board of Appeals to hear appeals from decisions by an enforcing agency. The Construction Board of Appeals shall consist of five members and two alternates.

(b) Board members shall be appointed for a term of four years by the Township Council. For the members first appointed, the Township Council shall designate the appointees' terms so that one shall be appointed for a term of one year, one for a term of two years, one for a term of three years; and two for a term of four years; thereafter, the term shall be for four years. Vacancies on the board shall be filled for the unexpired term. Members may be removed by the authority appointing them for cause. A person may serve on more than one Construction Board of Appeals.

(c) No more than two members of the Board shall be selected from the same profession or business. At least one of the members shall be either a licensed architect or structural or civil engineer of architectural engineering experience, and at least one member of the Board shall be qualified as a plumbing subcode official, and one as an electrical subcode official.

(d) No employee of any local enforcing agency may serve on any Board of Appeals which exercises appeals jurisdiction over such enforcing agency.

(e) Each member shall be qualified by experience or training to perform his duties as a member of the Board, which shall be no less than that which is required of a construction or subcode official, under Section 8b of the Act[1] as follows:

[1] Each board member shall have had at least three years' experience in construction, design or supervision as a licensed engineer or registered architect, or, in the alternative, five years' experience in construction, design or supervision as an architect or engineer with a bachelor's degree in architecture or engineering, respectively, from an accredited institution of higher education; or, as a further alternative, 10 years' experience in construction, design or supervision as a journeyman in a construction trade or as a construction contractor, subcontractor or inspector.

[2] No member shall receive an appointment unless he shall meet at least these minimum requirements. The Commissioner may further require that members of the Board satisfactorily undertake a program of training and continuing education similar to that required of construction or subcode officials or may require more specialized training consistent with the duties of members of a Board of Appeals. Failure to satisfactorily undertake such a program shall be deemed good cause for removal by the appointing authority. Failure to be present at one or more than 50% of all meetings of the Board during any calendar year shall be considered good cause for removal by the appointing authority; provided, however, that disqualification pursuant to Subsection A(3) below shall not be considered in computing attendance.

[1] Editor's Note: See N.J.S.A. 52:27D-126b.

(f) The appointing authority shall designate one of the members to serve as chairman.

(2) Substitute. During the absence of any member by reason of disability or disqualification pursuant to Subsection A(3) below, the appointing authority shall designate a qualified substitute or alternate. Such individual shall not be a member of the enforcing agency, the decisions of which are subject to the review of the Board.

(3) Exemption of members. A member of the Board shall not pass on any question in which he is engaged as contractor or material dealer, or in which he has been involved in the preparation of plans or specification, or in which he has any personal or professional interest. (Provided, however, that employees of the municipality may serve as a member of the Board. Such person shall, however, be disqualified from consideration of matters affecting municipal or county-owned or -leased structures.)

(4) Compensation of Board members. Members in the Board of Appeals shall serve without compensation, but shall be reimbursed for all necessary expenses incurred by them in the performance of their duties.

(5) Secretary of the Board. The Construction Official shall designate a Clerk from the enforcing agency to serve as Secretary to the Board and to maintain its records.

B. Administration and enforcement.

(1) Right of appeal.

(a) Whenever an enforcing agency shall deny an application for a construction permit; refuse or fail to act upon an application for a construction permit; refuse to grant a variation pursuant to the Uniform Construction Code or regulations of the Commission; or make any other decision pursuant or related to the Act or code, including the assessment of any monetary penalties, an owner or his authorized agent may appeal to the Construction Board of Appeals.

(b) The application for appeal shall be taken within 20 days of the receipt of written notice of the denial or other decision on the application for a construction permit. Where no notice of denial has been forthcoming, appeal may be taken within 20 days after the expiration of 20 days from the time of filing of a completed application for a construction permit.

(c) The application for appeal shall be in writing, filed with the Board, briefly setting forth the appellant's position. Such application shall state the name and address of the appellant, the address of the building or site in question, the permit number, and shall reference the specific sections of the code in question, and the extent and nature of the appellant's reliance on them. The appellant may append to his written application any data or information that he may deem appropriate to his cause.

(d) The enforcing agency shall make available to the Board the full record of the application below, which include a detailed explanation of the reasons for the denial of the appellant's request.

(e) The application shall be accompanied by a fee in the sum of $50. An application shall not be considered complete unless accompanied by the appeal fee.

(f) The time for appeal may be extended upon application to the Secretary of the Board and shall be in writing or may be extended at any regular or special meeting of the Board, by the affirmative vote of a majority of the Board.

(2) Procedure of the Board.

(a) The Board shall meet upon notice of the Chairman or at stated periodic meetings, if warranted by the volume of work. The hearing shall be recorded and copies made available upon request at the expense of the requesting party.

(b) All hearings shall be open to the public. The appellant, his representatives or legal counsel and the enforcing agency through the Construction Official or the appropriate subcode official shall be granted an opportunity to be heard.

(c) When five qualified members are not present to consider a specific appeal, either the appellant or the enforcing agency may request a postponement of the hearing. If there is no such request for a postponement, any decision made by the members present shall be binding and shall be considered as a decision of the full Board. No meetings shall be conducted unless there are at least three members of the Board present. No specific combination of business or profession represented on the Board need be present, unless an affirmative vote of the members present determines that such is necessary in the public interest.

(3) Decision of the Board.

(a) The Board shall hear the appeal, render a decision thereon, and file its decision with a statement of the reasons therefor with the enforcing agency from which the appeal has been taken not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the appellant. Such decision shall also be filed with the State Division of Housing and Urban Renewal, Bureau of Housing Inspection, Attention: Uniform Construction Code Appeals File, 363 West State, Trenton, New Jersey 08625. Decisions of the Board shall be available for public inspection at both the offices of the Bureau and the enforcing agency during normal business hours.

(b) Such decision may affirm, reverse, or modify the decision of the enforcing agency or remand the matter to the enforcing agency for further action. Whenever the Board shall reverse or modify the decision of the enforcing agency, its statement of reasons therefor shall fully explain the nature of and extent of its disagreement with the enforcing agency.

(c) Decisions of the Board shall be by a concurring vote of three members. Failure to secure three concurring votes shall be deemed a confirmation of the decision of the enforcing agency. Any dissenting member may attach a statement of reasons in opposition to the decision of the Board.

(d) Every action of the Board shall be by resolution and copies shall be forwarded by certified or registered mail to the appellant or his representatives.

(e) Failure by the Board to hear an appeal and render and file a decision thereon, within the time limits prescribed in this section, shall be deemed a denial of the appeal for purposes of a complaint, application or appeal to a court of competent jurisdiction.

C. Prospective interpretations.

(1) The Board of Appeals shall be bound to the prospective interpretation of the Code by the Commissioner.

(2) Whenever the Commissioner shall make a prospective interpretation of the Code, such shall be forwarded to each Board of Appeals and to each enforcing agency.

D. Pursuant to N.J.A.C. 4:23, the Township Council shall adopt an ordinance establishing fire limit boundaries. The Construction Official shall prepare and submit to the Township Council, at least once every two years, a report reevaluating the delineation of the fire limits. The Construction Official shall prepare this report with the advice of the Building Subcode Official and Fire Subcode Official. 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 fire limits, with the reasons therefor.

§ 133-5 Construction application; prior approvals.

[Amended by Ord. No. 77-89; Ord. No. 78-118; Ord. No. 90-107; 9-27-2004 by Ord. No. 04-026; 2-12-2007 by Ord. No. 07-001]

A. Preliminary engineering review, plot plan.

(1) Plot plan required.

(a) Unless previously approved as part of a valid site plan or subdivision by the Planning or Zoning Board, an approved plot plan is required prior to the issuance of a construction permit for the following on any residential property: new or replacement structures; any building addition or accessory structure exceeding 225 square feet; pools; patios. A plot plan is not required for structures constructed as part of a valid site plan or subdivision approved by the Planning or Zoning Board provided the structure size, layout, and location conforms with the approved plan and site grading and finished floor elevation is within six inches of the approved site plan or subdivision. The applicant for the plot plan shall submit to the Construction Official the required fee as set forth in § 133-3K(1) and four copies of a plot plan, prepared by a licensed professional engineer or licensed land surveyor, showing in addition to the requirements contained in N.J.A.C. 5:21-2.5 (Construction Permits) (B)5i(1), the following items (Checklist) must be shown on the plot plan for the lot on which the improvements are proposed to be constructed:

[1] The seal and signature of the licensed professional engineer or licensed land surveyor that prepared the plot plan.

[2] Existing and proposed contours at elevation intervals of two feet or less, in accordance with U.S. Coast and Geodetic Survey Datum.

[3] Proposed finish floor elevations for the first floor, basement/crawl space, if applicable, and garage.

[4] Any swales, brooks, streams, springs, or watercourses on the site. In addition, it must be noted on the plan whether or not watercourses are present within 150 feet of the primary structure, well or septic areas that are off-site.

[5] Proposed or existing retaining walls.

[6] Proposed or existing driveways and sidewalks, and the proposed grade (slope) of the driveway.

[7] Proposed or existing terraces or decks.

[8] Existing or proposed easements.

[9] Limits of clearing and soil disturbance.

[10] Existing and/or proposed elevations of the gutter and center line of the streets that abut the lot, as well as the names of the streets. The gutter elevation need only be provided for the side of the streets of the subject lot. In addition, where curbing exists or is proposed, the elevations must be provided for the top of the curb and the gutter.

[11] Drainage flow arrows corresponding to the proposed finished grading shall be provided which clearly depict the directions of stormwater runoff.

[12] All proposed setback dimensions for the structure and the required setbacks as specified for the zone district.

[13] The metes and bounds of the lot in the form of bearings, distance, radii and arcs.

[14] The proposed method of providing water and sewer services. In the case of connecting to public sources for these services, the sewer lateral and water service line locations shall be shown as well as the proposed elevation of the lines at the gutter and center of the adjacent roadway. In the case where a septic system and/or well is proposed, the plan shall include all information required by the Ocean County Board of Health.

[15] Results of soil borings/test pits and percolation or permeability tests including groundwater table determinations. Date the soil borings/test pits were performed should also be provided.

[16] The actual or estimated seasonally high groundwater table.

[17] Specification that the driveway shall be constructed of a stabilizing material.

[18] Specification that the earthen portion of the street ROW shall be restored to a stable condition.

[19] Specification that during construction, any siltation which forms on the roadway shall be cleaned by the applicant, at the applicant's expense.

[20] Approval from the Ocean County Soil Conservation District.

[21] Construction details for all proposed site improvements, excluding building construction.

[22] Dimensions of all existing and proposed structures.

[23] The location, size and storage volume of proposed dry wells.

(b) No plot plan is required to show an area of land in excess of one acre nor to show any area of land more than 150 feet from any exterior wall of any structure on the site plan, if the applicant shall own more than one acre; except that if the area being cleared or disturbed is in excess of 150 feet from the structure, it must be shown.

(c) The Township Engineer may waive any of the items required to be submitted and/or require additional information if extraneous site conditions exist.

(2) All plot plans shall be reviewed by the Township Engineer, or duly appointed representative, within 10 days of filing date (excluding Saturdays, Sundays, and legal holidays) for the following:

(a) Adequate provision has been made by way of proper grading to prevent wet basements, muddy yards, eroding banks or slopes and other conditions injurious to the block and lot for which application for the Building Permit is made.

(b) Further adequate provision has been made considering the relationship of the lot in question with other adjoining properties, for the surface drainage away from the building and lot in question on a sound neighborhood development basis and without adverse effect upon adjoining properties or public streets.

(c) The site diagram includes all of the requirements as provided in Subsection A(1) of this subsection.

(d) All proposed improvements adhere with the intent of Subsection A(4), Design standards, below.

(3) Upon making such a determination, the Township Engineer or duly appointed representative shall forward to the Construction Official two copies of the site plan with their findings and recommendations. No construction permit shall be issued unless the report of the Engineer is favorable, otherwise the application shall be rejected. If the application is rejected, a new application must be submitted with the required fee set forth in § 133-3K(1).

(4) Design standards. All plans requiring approval by this Subsection A shall adhere to the following design standards:

(a) Drainage and grading.

[1] Site grading must not promote negative impacts on any surrounding properties. All additional runoff resulting from the development must be managed on the property in question. The developer must also make accommodations to manage any off-site runoff collecting on the site under existing/predevelopment conditions.

[Amended 8-9-2021 by Ord. No. 21-33]

[2] All roof runoff shall be piped to dry wells or connected to an existing drainage system. If sufficient downstream collection facilities are available in the roadway within 400 feet of the property, roof runoff must be conveyed via underground pipe on the subject lot and tied directly into the existing drainage system with an approved connection.

[Amended 8-9-2021 by Ord. No. 21-33]

[3] Dry wells shall consist of a below-grade structure that is surrounded with clean stone and filter fabric. Acceptable structures include precast/cast-in-place concrete, concrete block structures, perforated pipe and similar products.

[4] The invert of all dry wells, recharge trenches, etc., shall be a minimum of two feet above the seasonally high groundwater elevation.

[Amended 8-9-2021 by Ord. No. 21-33]

[5] Dry wells shall be sized to provide a storage volume of one cubic foot per 6 square feet of contributing roof or other impervious area.

[Amended 8-9-2021 by Ord. No. 21-33]

[6] Site grading shall promote runoff away from structures and into an on-site recharge system via yard inlets, etc. The recharge system can consist of dry wells, recharge trench, rain garden, etc., or a combination thereof. Site grading shall promote road runoff to remain in the roadway.

[Amended 8-9-2021 by Ord. No. 21-33]

[7] The discharge of all sump pumps shall be connected to a dry well. In such case, dry well(s) volume shall be increased to accommodate this additional discharge.

[Amended 8-9-2021 by Ord. No. 21-33]

(b) All driveways shall be provided with a driveway apron. The driveway apron shall be constructed of bituminous or concrete materials. Concrete driveway aprons must be utilized where a driveway crosses a sidewalk. A concrete apron should be constructed of NJDOT Class B concrete, six inches thick with welded wire mesh reinforcement. A bituminous driveway apron shall be constructed to a minimum thickness of three inches, including base material(s) required. All driveway aprons should be the width of the driveway and extend to the right-of-way limit. A plus-or-minus one-inch lip should be provided at the driveway interface with the road.

(c) Miscellaneous.

[1] All retaining walls exceeding three feet in height must be accompanied by a stability analysis that is signed and sealed by a licensed professional engineer.

[2] The lowest floor elevation must be a minimum of one foot above the seasonally high groundwater table.

[3] A minimum of one soil boring/test pit and permeability test must be performed within the building footprint and within the footprint of each on-site recharge system to determine elevation of the seasonally high groundwater.

[Amended 8-9-2021 by Ord. No. 21-33]

B. Final engineering review.

(1) Upon completion of all improvements indicated on the approved plot plan or building lot of a valid site plan/subdivision, a final engineering review will be required prior to the issuance of a certificate of occupancy. The application shall include an application form, the required fee as set forth in § 133-3K(2) and four as-built drawings, which shall be submitted to the Construction Official. The as-built drawings shall show all conditions as existing after the completion of all construction and improvements. The as-built drawings shall be prepared by a licensed professional engineer or licensed land surveyor who shall certify that the completed work is as shown on the as-built drawings; a certificate of compliance from the Ocean County Soil Conservation District must accompany all applications that have disturbed more than 5,000 square feet of land. The form and survey shall be reviewed by the Township Engineer, Zoning Officer, and Construction Official within 10 days of filing date (excluding Saturdays, Sundays and legal holidays) to determine if improvements to the land are satisfactory and comply with all requirements related thereto. Upon approval by all, a certificate of occupancy may be issued.

(2) In the event that the final as-built conditions shall in any way deviate from the original approved plan or as-built conditions are unacceptable, the final engineering application shall be rejected. Upon addressing all issues indicated in the final engineering rejection, a revised application and required fee as indicated in Subsection B(1) above must be submitted for reinspection by the Township Engineer and/or Zoning Officer and/or Construction Official. Upon a satisfactory report by the Township Engineer, Zoning Officer and Construction Official, a certificate of occupancy may be issued.

C. Top-of-foundation certification. The top-of-foundation certification is required for all dwelling unit construction after the construction of the foundation prior to any wood or other material being constructed on the foundation. One top-of-foundation certification form must be submitted to the office of the Construction Official. This form must be signed and sealed by a licensed professional engineer or land surveyor. The form shall be accompanied by the fee required by § 133-3K(3) and a sealed foundation survey showing the as-built location of the foundation, the front, side and rear setbacks and the top-of-foundation elevations. The form and survey shall be reviewed by the Zoning Officer, Township Engineer, and Construction Official within 10 days of filing date (excluding Saturdays, Sundays and legal holidays) to determine if the improvements to the land are satisfactory and comply with all requirements related thereto. Upon approval by all, wood may be applied to the foundation.