[Ord. No. 0-3-77; 1967 Code § 11-1]
a.
There is hereby established in the Township a State Uniform Construction
Code enforcing agency to be known as the "Township Construction Code
Enforcing 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.
b.
Each official position created in paragraph a. hereof shall be filled
by a person qualified for such position pursuant to P.L. 1975, c.
217, as amended, and N.J.A.C. 5:23, provided that in lieu of any particular
subcode official, an on-site inspection agent may be retained by contract
pursuant to N.J.A.C. 5:23. More than one such official position may
be held by the same person, provided that such person is qualified
pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such
position.
c.
The public shall have the right to do business with the Enforcing
Agency at the office location except for emergencies and unforeseen
or unavoidable circumstances. Upon the enactment date of this section,
the Township Manager shall post in the office of the Clerk and publish
in an official newspaper of the Township notice of the location of
the Township Construction Code Enforcing Agency together with, upon
its adoption, a designating resolution by the Township Council of
the names, addresses and business telephone numbers of the code office
and all subcode officials or their duly appointed designees.
d.
Notwithstanding any provisions of this section, the Township Fire
Commissioner may adopt and provide for the enforcement of a Fire Safety
Maintenance Code or continue to enforce an existing Fire Safety Maintenance
Code. The provisions of the State Uniform Construction Code Act, P.L.
1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), provide for the adoption
and enforcement of a Fire Prevention Subcode and shall apply to fire
prevention in related construction activities which are defined as
those of fire prevention in related construction activities which
in any way may affect, pertain to or involve the issuance of a construction
permit or initial Certificate of Occupancy under the Act. No Fire
Safety Maintenance Code or the enforcement thereof shall in any way
conflict with or otherwise affect the terms and enforcement of the
State Uniform Construction Code adopted pursuant to the State Uniform
Construction Code Act aforesaid.
e.
Central permit office. The Township shall establish a central permit
office under the direction and supervision of the Township Construction
Official, which office shall be the same location as the Construction
Code Enforcing Agency. This office shall receive applications for
construction permits and plan review; issue construction permits and
Certificates of Occupancy; collect fees, penalties and fines; and
issue notices and orders. The office shall be open during normal business
hours at times to be determined by the Township. These times shall
be posted in a conspicuous place and shall be comparable with the
amount of construction activity in the Township. Nothing herein shall
prevent the Township from establishing branch offices, but the public
shall not, unless in the case of an emergency or unforeseen or unavoidable
circumstance, be required to do business except at the central office.
[Ord. No. 0-3-77; Ord. No. 0-33-78; 1967 Code § 11-2; Ord. No. 84-07-R; Ord. No. 0.3.94; Ord. No. 0.7.00 §§ 1, 2; Ord. No. 0.2.99 §§ 2,
3; Ord. No. 0.2.99
§ 3c; Ord. No. 0-7-02 § 1]
The fee for a construction permit shall be the sum of the subcode
fees hereinafter enumerated and shall be paid before the permit is
issued. The fee for new construction shall be calculated by using
the volume of structure and, in addition, any related subcode fees.
Where the physical value of a building, structure or improvement must
be determined as hereinafter specified the fee charged shall be based
on replacement cost by using the value established by the building
valuation data report as published by BOCA International, Inc. as
referenced in N.J.A.C. 5:23-3 as may be periodically amended. All
such fees shall be rounded to the nearest dollar amount as referenced
in N.J.A.C. 5:23-4.17(a)1.
a.
Building subcode fees.
1.
For new construction, the fee shall be computed as follows:
(a)
One and nine-tenths cents per cubic foot of building volume
up to 50,000 cubic feet of building or structure volume provided that
the minimum charge of $35 be assessed for each permit.
(b)
One and seven-tenths cents per cubic foot of building volume
for the building volume in excess of 50,000 cubic feet of building
structure or volume and less than 500,000 cubic feet of building structure
or volume.
(c)
One and five-tenths cents per cubic foot of building volume
for the building volume of 500,000 cubic feet and in excess of 500,000
cubic feet of building or structure.
2.
For renovations, alterations and repairs, $12 per $1,000 of estimated
cost of work inclusive of labor. The minimum fee shall be $25.
3.
For additions, the amount charged per cubic foot of building volume
for the added portion shall be in accordance with the schedule of
fees as previously set forth in paragraph a,1. above provided that
the minimum charge of $35 be assessed for each permit.
4.
For combinations of renovations and additions, the sum of the fees
shall be computed separately as renovations and additions. The minimum
fee shall be $35.
5.
Notwithstanding the provisions of paragraphs 1. through 5. above,
the following construction fees, when computed as part of new construction,
additions or renovations shall be as follows:
(a)
Aluminum siding and all other siding $12 per $1,000 of estimated
cost provided that the minimum shall be $25.
(b)
Roofing, $12 per $1,000 of estimated cost provided that the
minimum shall be $25.
(c)
Signs, $1 per square foot of surface area of the sign, provided
that the minimum fee shall be $35. In the case of double faced signs,
the area of the surface of one side only shall be used for the purpose
of fee computation.
(d)
Fences, $10 per $1,000 of estimated cost of work provided that
a minimum fee shall be $10.
(e)
Heating, air conditioning and ventilation, $15 per $1,000 of
estimated cost of work provided that a minimum fee shall be $25.
b.
Plumbing subcode fees.
1.
Ten dollars per plumbing fixture or devices except where specified
to the contrary herein. For the purposes of this paragraph, fixtures
shall include, but are not limited to; lavatories, sinks, urinals,
water closets, bathtubs, shower stalls, laundry tubs, floor drains,
drinking fountains, dishwashers, garbage disposals, clothes washers,
hot water heaters, roof drains, hose bibbs, vent stacks or similar
devices.
2.
Forty dollars for the following special devices: Soda dispensers,
coffee makers, acid neutralizing devices, grease interceptors, oil
and/or sand interceptors, backflow preventers, air conditioning or
refrigeration units, gas piping, sewer ejectors, hot water and steam
boilers. This list is not exhaustive and the fee shall also apply
to special fixtures or equipment delineated in the plumbing code.
3.
Forty dollars for each water and sewer connection and gasoline piping
for each tank.
4.
Forty dollars for the following: Baseboard radiation and radon piping.
5.
Unless specified herein to the contrary, a minimum plumbing fee shall
be $35.
6.
All plumbing inspections include the area from the curbline or right-of-way
to the structure or structures.
c.
Electrical subcode fees.
1.
Electrical subcode fees shall be computed as follows:
(a)
Fixtures (outlets, switches, receptacles): For one to 50 fixtures,
$35. For each additional 25 fixtures or fraction thereof in excess
of 50 fixtures the fee shall be $5.
(b)
Light Standards (mogul base, mercury base or fixtures other
than those specified in the previous subsection): For one to five
fixtures, $35. For each additional lamp $5.
(c)
Swimming pools: New installation including bonding, wiring of
one receptacle and motor. The fee shall be $45 for above ground, and
$60 for in ground pools.
(d)
Motors: For one to 10 horsepower, $20. From 11 to 40 horsepower,
$35. From 41 to 100 horsepower, $65 and for 100 horsepower, $350.
(e)
Service meter equipment and feeders: For up to 200 amperes service,
$35. For 201 amperes to 1,000 amperes, $65; for 1,001 amperes and
over, $350.
(f)
Heating, cooling, cooking and similar appliances. Single outlet
of 20 kilowatts or less, $35. Each additional outlet $5 including
dishwasher, garbage disposal, dryer, water heaters.
(g)
Generators, transformers (vaults, enclosure-substations): For
one to 10 kilowatts, $20. For 11 to 50 kilowatts, $35. For 51 to 100
kilowatts, $65. For over 100 kilowatts, $350.
(h)
Electrical signs: For one to five signs, $35. For each additional
sign $4.
(i)
Reintroduction of service: For reintroduction of service the
fee shall be $35.
(j)
Unless specified herein to the contrary, minimum electrical
fees shall be $35.
(k)
For any items not specifically listed or included above a special
fee shall be determined by the Construction Official and Electrical
Subcode Official subject to review of the Township Council upon request.
d.
Fire protection subcode fees.
1.
Sprinkler heads and detectors. For one to 10, $35. From 11 to 25,
$75. From 26 to 100, $250. From 101 to 200, $400. From 201 to 400,
$600. From 401 to $1,000, $900. Over $1,000, $2,200.
2.
Special suppression and hood exhaust. The fee shall be $50 each.
3.
Alarm systems and detectors. The fee shall be $15 per $1,000 of estimated
cost. The minimum fee shall be $25.
4.
Standpipes. The fee shall be $200 per riser.
5.
Heating systems. The fee shall be $20 per appliance for residential
properties and $35 per appliance for commercial properties. The minimum
fee for all properties is $35.
6.
Fireplaces and wood stoves. The fee shall be $35.
7.
Heating fuel tanks. The fee shall be $35 per tank for residential
properties and $60 per tank for commercial properties.
8.
The fee for installation of each above ground or in ground gasoline
or propane tank shall be $60.
9.
Gasoline tanks: The fee shall be $60 for the installation of each
above ground or in ground gas tank.
e.
The construction plan review fee. The construction plan review fee
shall be 25% of the amount to be charged for the construction permit
and shall be paid before the plans are reviewed. The amount paid for
this fee shall be credited toward the amount of fee to be charged
for the construction permit.
f.
Demolition or removal of buildings or structures.
1.
The fee for a permit for demolition of a building or structure shall
be $50 for residential property and $100 for commercial property.
2.
The fee for a permit for removal of underground storage tanks shall
be $60 for each tank.
3.
The fee for a permit for the removal of a structure from one lot
to another or to a new location on the same lot shall be $25 per $1,000
of estimated costs of moving. The fee for a new foundation shall be
as set forth in paragraph a,1(a). The fee for the removal of a commercial
structure shall be $50 per $1,000 of estimated cost as set forth above.
The minimum fee for all properties shall be $35.
4.
Cleanup shall be performed in accordance with N.J.A.C. 5:23-2.17(a)(b)(c).
All debris and material resulting from the removal or demolition of
buildings or structures as defined in paragraph f,1 and 2. hereof
shall be completed within 30 days from the completion of removal or
demolition, including the filling in of any open area created by the
demolition or removal. Each holder of a permit shall notify the office
of the Construction Official upon completion of cleanup within the
thirty-day period. However, the demolition of any buildings or structures
less than 5,000 cubic feet shall be completed, and the Construction
Official notified, within 15 days.
5.
In addition to the provisions specified in paragraph f, 1-3. hereof,
all applicants shall be required to comply with Board of Health requirements
regarding securing of rodent infestation inspection (Chapter BH:12)
of the Code of the Township of Deptford.
g.
Pool Construction Permit Fee. The fee for a construction permit for
the installation of a pool shall be calculated at $12 per $1,000 of
estimated cost of work inclusive of labor. The minimum fee shall be
$25.
h.
Certificates.
1.
The fee for a certificate of occupancy shall be 10% of the total
of the permit fee with a minimum charge of $25.
2.
The fee for a certificate of occupancy granted pursuant to a change
of use shall be $100.
3.
The fee for a multiple certificate of occupancy shall be $25 per
unit.
4.
In the event a temporary certificate of occupancy is issued an additional
fee of $10 is required.
5.
Reserved.
6.
Certificate of approval: There shall be no fee for a certificate
of approval as required by the NJ.A.C.
i.
Elevator installation permit fee.
j.
Variation application fee. The fee for an application for a variation
shall be $250 for Class I and Class II structures and $50 for Class
III structures.
k.
Other fee schedules. Those construction permit fees not specifically
designated by this section or established by rules and regulations
of the Construction Official in the manner hereinafter established
for the adoption of other fee schedules are established in the regulations
of the Department of Community Affairs (Title 5, Chapter 23 of the
New Jersey Administrative Code, presently or as hereafter amended).
Those fees set forth within the regulations shall be applied in determining
the construction permit fee.
[Ord. No. 0-3-77; 1967 Code § 11-3]
The Construction Official shall, with the advice of the subcode
officials, prepare and submit to the Director of Community Development,
annually, a report recommending a fee schedule based on the operating
expenses of the agency and any other expenses of the Township fairly
attributable to the enforcement of the State Uniform Construction
Code Act.
[Ord. No. 0-3-77; 1967 Code § 11-4]
a.
In order to provide for the training, certification, and technical
support programs required by the Uniform Construction Code Act and
the regulations,[1] the Construction Code Enforcing Agency shall collect,
in addition to the fees specified above, a surcharge fee of $0.0006
per cubic foot of volume of new construction. The surcharge fee shall
be remitted to the Bureau of Housing Inspection, Department of Community
Affairs, on a quarterly basis for the fiscal quarters ending September
30, December 31, March 31 and June 30, and not later than one month
next succeeding the end of the quarter for which it is due. In the
fiscal year in which the regulations first become effective, the fee
shall be collected and remitted for the third and fourth quarters
only.
[1]
Editor's Note: The regulations are those established
by the Commissioner of the Department of Community Affairs.
b.
The Construction Code Enforcing Agency shall report annually, at
the end of each fiscal year, to the Bureau of Housing Inspection,
and not later than July 31, the total amount of the surcharge fee
collected in the fiscal year. In the fiscal year in which the regulations
first become effective the report shall be for the third and fourth
quarters only. A copy of this report shall be filed in the office
of the Clerk.
[Ord. No. 0-3-77; 1967 Code § 11-5]
a.
The Construction Code Enforcing Agency shall examine each application
for a construction permit. If the application conforms with this section,
the Agency shall approve the application and shall issue a construction
permit to the applicant. Every application for a construction permit
shall be granted, in whole or in part, or denied within 20 business
days. If application is denied in whole or in part the Construction
Code Enforcing Agency shall set forth the reasons therefor in writing.
If the Construction Code Enforcing Agency fails to grant, in whole
or in part, or deny any application for a construction permit within
the period of time prescribed herein, such failure shall be deemed
a denial of the application for purposes of an appeal to the Gloucester
County Construction Board of Appeals unless such period of time has
been extended with the consent of the applicant. The Construction
Code Enforcing Agency may approve changes in plans and specifications
previously approved by it, if the plans and specifications when so
changed do not require site plan approval. Except as otherwise provided
in this section the construction or alteration of a building or structure
shall not be commenced until a construction permit has been issued.
The construction of a building or structure shall be in compliance
with the approved application for a construction permit, and with
all conditions of site plan approval, if required.
b.
A construction permit, issued in accordance with paragraph a., pursuant
to which no construction has been undertaken above the foundation
walls within one year from the time of issuance, shall expire. The
Construction Code Enforcing Agency may suspend, revoke, or cancel
a construction permit in case of neglect or failure to comply with
the provisions of this Act or the code, or upon a finding by it that
a false statement or representation has been made in the application
for the construction permit.
[Ord. No. 0-3-77; 1967 Code § 11-5.1; Ord. No. 84-10-R]
Township Council may, in its discretion, waive construction
fees otherwise required to be paid under this section.
[Ord. No. 0-3-77; 1967 Code § 11-6]
a.
The Construction Code Enforcing Agency shall periodically inspect
all construction undertaken pursuant to a construction permit issued
by it to ensure that the construction or alteration is performed in
accordance with law and with the conditions of the construction permit.
b.
The owner of any premises upon which a building or structure is being
constructed shall be deemed to have consented to the inspection by
the Construction Code Enforcing Agency, of the entire premises and
of any and all construction being performed on it until a Certificate
of Occupancy has been issued. An inspector or team of inspectors,
on presentation of proper credentials, shall have the right to enter
and inspect such premises and any and all construction thereon, for
purposes of ensuring compliance with the provisions of the applicable
construction permit and other applicable laws and regulations. All
inspection pursuant to this section shall be between the hours of
9:00 a.m. and 5:00 p.m.; however, inspections may be conducted at
other times if the Construction Code Enforcing Agency has reasonable
cause to believe that an immediate danger to life, limb or property
exists or if permission is given by an owner or his agent, architect,
engineer or builder. No person shall accompany an inspector or team
of inspectors on any inspection pursuant to this section unless his
presence is necessary for the enforcement of this ordinance or the
Act (P.L. 1975, c. 217), and regulations adopted pursuant thereto
(N.J.A.C. 5:23), or unless consent is given by an owner or his agent,
architect, engineer or builder.
c.
If the construction of a structure or building is being undertaken
contrary to the provisions of a construction permit, this section
or other applicable laws or ordinances, the Construction Code Enforcing
Agency may issue a stop-construction order in writing which shall
state the conditions upon which construction may be resumed and which
shall be given to the owner or the holder of the construction permit
or to the person performing the construction. If the person doing
the construction is not known or cannot be located with reasonable
effort, the notice may be delivered to the person in charge of, or
apparently in charge of, the construction. No person shall continue,
or cause or allow to be continued, the construction of a building
or structure in violation of a stop-construction order, except with
the permission of the Construction Code Enforcing Agency in order
to abate a dangerous condition or remove a violation, or except by
court order. If an order to stop construction is not obeyed, the Construction
Code Enforcing Agency may apply to the appropriate court as otherwise
established by law for an order enjoying the violation of the stop-construction
order. The remedy for violation of such an order provided in this
subsection shall be in addition to, and not in limitation of, any
other remedies provided by law or ordinance.
d.
Neither an appeal to the Gloucester County Construction Board of
Appeals nor an appeal to the Department of Community Affairs nor an
appeal to a court of competent jurisdiction shall automatically stay
any order to stop construction issued pursuant to this section or
prevent the seeking of an order in a court of competent jurisdiction
to enjoin the violation of a stop-construction order.
[Ord. No. 0-3-77; 1967 Code § 11-7]
In connection with the provisions of this section and the State
Uniform Construction Code hereby established and adopted as a part
hereof, the following indemnity bonds may be posted in respect to
each specific section hereinafter cited, which sections are hereby
amended to read as follows:
a.
Sign bonds. The owner of every sign shall be bonded in an amount
not less than $100 for the erection and maintenance of such sign or
billboard.
b.
Wrecking bonds. The owner or person to whom a permit has been issued
to wreck or demolish a building shall provide a bond, in the amount
of $1,000, which shall require the completion of the work and the
clearing and filling in of the site and will protect and indemnify
the municipality against loss or damage.
c.
Moving bonds. The owner of a building to be moved shall furnish a
bond, in the amount of $1,000, which shall require the completion
of work and the restoration of the site as provided by this section
and the State Uniform Construction Code and will protect and indemnify
the Township against loss or damage.
d.
Modification of performance guaranty indemnify bonds. Where required,
the Construction Code Official may require each owner or persons required
to post bond in an amount in excess of that required in paragraphs
a. through c. hereof; the Construction Code Official may accept, in
lieu of bond, cash or such other security as may be approved by the
Township Attorney.
[Ord. No. 0-3-77; 1967 Code § 11-8]
This section is adopted pursuant to the provisions of the State
Uniform Construction Code Act, Chapter 217, Laws of New Jersey 1975
(N.J.S.A. 52:27D-119 et seq.) and State regulations implementing the
Act (N.J.A.C. 5:23). In the event of any ambiguities, inconsistencies
or conflicts between the terms and provisions of Chapter 1 of this
Code and the State Uniform Construction Code Act and the State regulations
aforesaid, the provisions set forth and the standards established
in the Act and regulations shall apply.
[Ord. No. 0-3-77; Ord. No. 0-33-78; 1967 Code § 11-9]
a.
Any person or corporation, including an officer, director or employee
of a corporation, shall be subject to a penalty of not more than $500
who:
1.
Violates any of the provisions of this section.
2.
Constructs a structure or building in violation of a condition of
a building permit.
3.
Fails to comply with any order issued by the Construction Code Enforcing
Agency or its designees.
4.
Makes a false or misleading written statement or omits any required
information or statement in any application or request for approval
to the Construction Code Enforcing Agency or its designees or any
agency or board of the Township.
b.
Anyone who knowingly refuses an inspector, who is lawfully authorized
to inspect any premises, building or structure pursuant to this section,
entry or access to such premises, building or structure, or who unreasonably
interferes with such an inspection, shall be subject to a fine of
not more than $250.
c.
With respect to paragraph a,3. of this subsection, a person shall
be guilty of a separate offense for each day that he fails to comply
with a stop-construction order validly issued by the Uniform Construction
Code Enforcing Agency or its designees, and by any other agency or
department authorized by law, and for each week that he fails to comply
with any other order validly issued by the Construction Code Enforcing
Agency or its designees or other agency or department. With respect
to paragraphs a,1. and 4. of this subsection, a person shall be guilty
of a separate offense for each violation of any provision of this
section and for each false or misleading written statement or omission
of required information or statement made in any application or request
for approval to the Uniform Construction Code Enforcing Agency, or
its designees or other agency or department authorized by law. With
respect to paragraph a,2. of this subsection, a person shall be guilty
of a separate offense for each violation of the conditions of a construction
permit.
d.
The imposition of fines and any appeal therefrom shall be in the
manner set forth in the Uniform Construction Code Act, P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.). All penalties hereunder may
be collected in a summary proceeding pursuant to the Penalty Enforcement
Law, N.J.S.A. 2A:58-1 et seq.
[Ord. No. 0-34-78; 1967 Code § 11A-1]
It shall be the public policy of the Township to encourage the
maximum use of smoke detectors in all buildings and residences. The
effective use of smoke detectors has been a proven life saver and
a potential property preserver.
[Ord. No. 0-34-78; 1967 Code § 11A-2]
The Fire Marshal or his designee is hereby appointed the enforcement
agency. The Fire Marshal or his designee is hereby authorized and
directed, pursuant to N.J.S.A. 40:48-2.9, to make inspections and
to perform such other acts and deeds consistent with lawful authority
to determine whether the smoke detectors or fire alarm systems required
by this section are installed and are in proper working order. In
all residential one- and two-family units, no inspection(s) shall
be permitted by the Fire Marshal or his designee unless such inspection
is required for a Certificate of Occupancy or unless there is imminent
danger to the lives, health or safety or preservation of the property
of the occupants, or persons adjacent thereto, without the express
consent of the occupant or owner of each dwelling or dwelling unit
or the person in charge thereof.
[Ord. No. 0-34-78; 1967 Code § 11A-3]
For all multifamily buildings more than 35 feet in height above
the mean grade, the automatic fire warning systems shall meet the
standards for the detection of ionized gases or of the production
of combustion produced by burning or smoldering materials as required
for that particular building as specified in those provisions of the
BOCA Basic Building Code, 1975, pertaining to Automatic Fire Alarm
Systems, Section 1216.0 et seq. (and as amended hereafter); and such
automatic fire warning systems shall be installed in accordance therewith,
and such system shall also initiate the sounding of an audible alarm
capable of being heard in all occupied areas of the building or structure
and shall register the location of the alarm at a specified location
within the building. The sounding of this system shall also be connected
to the Township Fire Control Center for receipt of fire alarms or
emergencies or such other fire control designation as may hereinafter
be established by the Township. All automatic fire alarm systems required
hereunder shall be approved by Underwriters' Laboratory, Inc.
or Factory Mutual Research Corporation.
[Ord. No. 0-34-78; 1967 Code § 11A-4]
Every building, structure or dwelling not exceeding 35 feet
in height above the mean grade, erected, substantially altered or
presently occupied for residential purposes, shall be protected with
an automatic fire warning system equipped with automatic smoke and/or
gas detection devices principally intended for the protection of lives
by indicating abnormal conditions as hereinafter provided:
a.
Those systems or devices shall conform to the requirements of the
1975 Edition of the National Fire Protection Association designated
as "NFPA No. 74," entitled "Household Fire Warning Equipment, 1975,"
and any amendments subsequent thereto (hereinafter referred to as
"NFPA No. 74") relating to household fire warning equipment. The devices,
commonly referred to as "smoke or heat detectors," must meet with
the approval of the Underwriters' Laboratory, Inc. or Factory
Mutual Research Corporation.
b.
Such smoke or heat detectors may be either electrically powered,
battery-powered or a combination of both. Battery-powered units shall
contain an audible signal denoting failure of equipment. If electrically
powered, the electric power supply for the smoke detector should be
either on a completely separate circuit or on a circuit ahead of the
service disconnect, so that the smoke detector circuit will always
operate unless there is a failure of electricity coming into the building.
c.
Upon activation, such smoke or heat detector shall provide an audible
alarm which is to be so distinct and of such volume that it can be
heard in all rooms of the building, structure or residence or dwelling
unit with the door closed. Any alarm sounding device having less than
a minimum rating of 85 decibels at 10 feet shall be deemed insufficient.
d.
All such smoke and heat detectors shall meet the equipment performance
tests set forth in Chapter 2, Section 2, of NFPA No. 74.
e.
Detector location and spacing within the building, structure or dwelling
unit shall be such that at least one such device shall be located
on each floor of living space or in each sleeping unit of a multidwelling
building, provided that where in a dwelling sleeping units shall be
on different levels, at least one such device shall be located adjacent
to that sleeping unit on each level, or, where such sleeping units,
such as in a one-level dwelling, are substantially separated, then
one such device shall be placed adjacent to each sleeping unit. In
furtherance of the provisions set forth in this paragraph, detector
locations and space requirements shall be as generally set forth in
Chapter 2, Section 5, Chapter 3, Section 3, of NFPA No. 74.
[Ord. No. 0-34-78; 1967 Code § 11A-5]
a.
Installation of central air conditioning. All existing buildings
installing central air conditioning or central forced air with withdrawal
must install a smoke detector at the highest point in the residence,
and the smoke detector shall be so connected that activation of the
detector will deactivate the main power supply for the central air
conditioner, forced air heating system or air withdrawal fan in addition
to sounding the alarm.
b.
Audible signal. The audible signal shall be distinctive from other
audible signaling devices which may be used for other purposes in
the building. The smoke or heat detector systems shall be so designed
to be capable of either self-restoration or manual restoration to
normal conditions for operation. No provisions shall be made for the
deactivation of the audible alarm other than by reactivation of the
system.
c.
Power supplies. All power supplies shall be sufficient to operate
the alarm signal(s) for at least four continuous minutes.
d.
Exception. Upon application to the Fire Marshal, buildings or portions
thereof equipped with an automatic fire alarm system connected to
a sprinkler system may receive exemption from the provisions of this
section.
[Ord. No. 0-34-78; 1967 Code § 11A-6]
a.
Automatic detector devices shall be tested periodically as specified
by the Life Safety Code, NFPA No. 101, and NFPA No. 74, and amendments
thereto.
b.
In multifamily units and in buildings or structures constructed in
accordance with the provisions of subsection 10-2.8, all detector
devices and/or fire alarm systems shall be periodically inspected
by the Fire Marshal during reasonable hours. The Fire Marshal, for
this purpose, may promulgate rules and regulations to implement a
schedule of inspection. However, no rules or regulations shall take
effect except upon public notice and after hearing and approval by
resolution of the Township Council.
c.
"Public notice" shall be defined as publication of the proposed rules
and regulations in the Township's official newspaper, posting
in the Clerk's office and delivery of a copy of the proposed
rules and regulations to the Township Council. No public hearing on
any proposed rules or regulations shall be held less than seven days
prior to compliance with the public notice requirements herein.
[Ord. No. 0-34-78; 1967 Code § 11A-7]
a.
All newly constructed premises subject to sale, rent, transfer, grant
or lease, including but not limited to dwellings, motel rooms and
apartment units (except detached accessory buildings), shall be equipped
with an automatic fire alarm system or smoke or heat detectors, where
permitted, installed in accordance with the standards and provisions
of this section.
b.
Existing buildings which come under the provisions of this section,
with the exception of residential one- and two-family dwellings, shall
install automatic fire alarm systems or smoke or heat detectors, where
permitted.
c.
All residential one- and two-family units shall install an automatic
fire alarm system or smoke or heat detectors in accordance with the
standards and provisions of this section.
d.
Transfer or sale or property, change of occupancy.
1.
Notwithstanding the provisions of subsection 10-2.7, paragraphs a.
through c. herein, all buildings, structures or dwelling units hereafter
sold, or in which there has been a change of occupants, shall be in
full compliance with the standards and provisions of this section.
No Certificate of Occupancy shall issue until such compliance has
been demonstrated. The transferor of any building, structure or dwelling
unit shall be responsible for the installation of these detection
devices.
2.
Where there is a change of occupants in any apartment unit, no occupancy
shall be permitted unless the owner or the owner's designated
agent shall have demonstrated that the apartment or other dwelling
unit to be leased is in compliance with the terms and provisions of
this section. The lessor of any apartment or other dwelling unit shall
be responsible for the installation of these detection devices.
[Ord. No. 0-34-78; 1967 Code § 11A-8]
All new construction for residential occupancy more than four
stories in height, including but not limited to apartment buildings,
hotels, dormitories, clubhouses, sanitariums, surgical institutions,
hospitals, asylums, homes for the aged or other similar construction
for occupancy on a temporary or permanent basis, shall include the
installation of an automatic fire warning system equal or greater
in capacity to that required by the BOCA Basic Building Code, 1975,
(as amended) and as may be required for that construction by any other
Federal, State or local agency by law and/or regulation, which automatic
fire warning system shall be installed prior to the issuance of a
Certificate of Occupancy.
[Ord. No. 0-34-78; 1967 Code § 11A-9]
The Construction Code Official or such other person as the Township
Manager shall appoint shall be designated as the "Compliance Officer."
The duties and functions of the Compliance Officer shall be to act
as liaison on behalf of the Township with the Fire Marshal in the
dissemination of public information to effect compliance with this
section, and to aid in the promulgation, if required, of rules and
regulations pursuant to subsection 10-2.6 and to perform such other
services or functions as the Township Manager may designate to effect
the intent and purpose of this section.
[Ord. No. 0-34-78; 1967 Code § 11A-10]
This section is adopted pursuant to the provisions of the State
Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119
et seq.), and as a supplement to Section 10-1 of this chapter implementing
the Act. In the event of any ambiguities, inconsistencies or conflicts
between the terms and provisions of this section and the State Uniform
Construction Code Act and the State regulations aforesaid, the provisions
set forth and the standards established in the Act and regulations
shall apply.
[Ord. No. 0-34-78; 1967 Code § 11A-11; New]
a.
Any person or corporation, including an officer, director or employee
of a corporation who:
b.
Anyone who knowingly refuses an inspector, who is lawfully authorized
to inspect any premises, building or structure pursuant to this section,
entry or access to such premises, building or structure or who unreasonably
interferes with such an inspection shall be subject to a fine of not
more than $250.
c.
With respect to paragraph a,2. of this subsection, a person shall
be guilty of a separate offense for each day that he fails to comply
with a stop-construction order validly issued by the Construction
Code Official, or his designee, and by any other agency or department
authorized by law, and for each week that he fails to comply with
any other order validly issued by the Township Fire Marshal, or his
designee, or other agency or department. With respect to paragraphs
a,1. and 2. of this subsection, a person shall be guilty of a separate
offense for each violation of any provision of this section and for
each false or misleading written statement or omission of required
information or statement made in any application or request for approval
to the Township Fire Marshal, or its designee, or other agency or
department authorized by law.
d.
The imposition of fines and any appeal therefrom shall be in the
manner set forth in the Uniform Construction Code Act, P.L. 1975,
c. 217 (N.J.S.A. 2A:58-1 et seq.). All penalties hereunder may be
collected in a summary proceeding pursuant to the Penalty Enforcement
Law, N.J.S.A. 2A:58-1 et seq.
[Ord. No. 8-24-70; 1967 Code § 74-1]
As used in this section:
Any building or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outhouses and
appurtenances belonging thereto or usually enjoyed therewith.
The Township Council of the Township of Deptford.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any housing authority or any officer whose functions relate
to health, fire, building regulations, or to other activities concerning
buildings within the Township.
The Construction Code Official, Fire Chief Official and the
Board of Health Inspector, or such other official duly designated
by the Township Council to enforce this section.
[Ord. No. 8-24-70; 1967 Code § 74-2]
The Public Officer, as defined, of the Township is hereby designated
and appointed to exercise the powers prescribed within this section.
[Ord. No. 8-24-70; 1967 Code § 74-3]
Whenever a petition is filed with the Public Officer by a public
authority, or by at least five residents of the Township, charging
that any building is unfit for human habitation or occupancy or use,
or whenever it appears to the Public Officer, on his own motion, that
any building is unfit for human habitation or occupancy or use, the
Public Officer shall, if his preliminary investigation discloses a
basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such building a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the Public Officer or his designated agent, at a place
therein fixed not less than 10 days nor more than 30 days after the
serving of the complaint. The owner and parties in interest shall
be given the right to file an answer to the complaint and to appear
in person, or otherwise, and give testimony at the place and time
fixed in the complaint. The rules of evidence prevailing in the courts
shall not be controlling in hearings before the Public Officer or
his designated agents.
[Ord. No. 8-24-70; 1967 Code § 74-4]
If, after such notice and hearing, the Public Officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state in writing his findings of fact
in support of such determination and shall issue and cause to be served
upon the owner thereof and parties in interest an order:
a.
Requiring the repair, alteration or improvement of the building to
be made by the owner, within a reasonable time, which time shall be
set forth in the order or at the option of the owner to vacate or
have the building vacated and closed within the times set forth in
the order; and
b.
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises, and the
owner fails to repair, alter or improve the building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time, as specified in
the order of removal.
c.
If the owner fails to comply with an order to repair, alter or improve
or, at the option of the owner, to vacate and close the building,
the Public Officer may cause such building to be repaired, altered
or improved, or to be vacated and closed. The Public Officer may cause
to be posted on the main entrance of any building so closed a placard
with the following words: "This building is unfit for human habitation
or occupancy or use; the use of occupation of this building is prohibited
and unlawful."
d.
If the owner fails to comply with an order to remove or demolish
the building, the Public Officer may cause such building to be removed
or demolished or may contract for the removal or demolition thereof
after advertisement for, and receipt of, bids therefor.
[Ord. No. 8-24-70; 1967 Code § 74-5]
The cost of filing of legal papers, expert witnesses' fees,
search fees and advertising charges, incurred in the course of any
proceeding taken under this section determined in favor of the Township,
and such cost of such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or the amount of the
balance thereof remaining after deduction of the sum, if any, realized
from the sale of materials derived from such building, or from any
contract for removal or demolition thereof, shall be a Municipal lien
against the real property upon which such cost was incurred; and the
lien shall be enforced and collected in the same manner as other Municipal
liens are now enforced and collected in the Township. If the building
is removed or demolished by the Public Officer, he shall sell the
materials of such building. There shall be credited against the cost
of the removal or demolition thereof the proceeds of any sale of such
materials or any sum derived from any contract for the removal or
demolition of the building. All costs and credits are to be determined
pursuant to the provisions of R.S. 40:48-2.5.
[Ord. No. 8-24-70; 1967 Code § 74-6]
The Public Officer may determine that a building is unfit for
human habitation or occupancy or use if he finds that conditions exist
in such building which are dangerous or injurious to the health or
safety of the occupants of such building, the occupants of neighboring
buildings or other residents or to the Township; such conditions may
include the following (without limiting the generality of the foregoing):
Defects therein increasing the hazards of fire, accidents or other
calamities: lack of adequate ventilation, light or sanitary facilities;
dilapidation; disrepair, structural defects; uncleanliness, and such
additional standards which the Township may promulgate by rules and
regulations to guide the Public Officer or his agents in determining
the fitness of a building for human habitation or occupancy or use.
[Ord. No. 8-24-70; 1967 Code § 74-7]
Complaints or orders issued by the Public Officer pursuant to
the provisions of this section shall be served upon persons either
personally or by registered mail, but if the whereabouts of such persons
is unknown and the same cannot be ascertained by the Public Officer
in the exercise of reasonable diligence, and the Public Officer shall
make an affidavit to that effect, then the serving of such complaint
or order upon such persons may be made by publishing the same once
each week for two successive weeks in a newspaper printed and published
within the Township, or, in the absence of such newspaper, in one
printed and published in the County and circulating within the Township.
A copy of such complaint or order shall be posted in a conspicuous
place on the premises affected by the complaint or order. A copy of
such complaint or order shall be duly recorded for record with the
County Recording Officer.
[Ord. No. 8-24-70; 1967 Code § 74-8]
Any person aggrieved by an order issued by a Public Officer
under this section may, within 60 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
Public Officer from carrying out the provisions of the order or for
any other appropriate relief. The remedy herein provided shall be
exclusive, and no person affected by an order of the Public Officer
shall be entitled to recover any damages for action taken pursuant
thereto, or because of noncompliance by any person with any order
of the Public Officer.
[Ord. No. 8-24-70; 1967 Code § 74-9]
The Public Officer may exercise such additional powers as may
be necessary or convenient to accomplish the objectives of this section,
including those powers and provisions enumerated within R.S. 40:48-2.9.
[Ord. No. 8-24-70; 1967 Code § 74-10]
The Township Manager shall have prepared an estimate of the
annual expenses or costs to provide equipment, personnel and supplies
necessary for periodic examinations and investigations of the buildings
within the Township for the purpose of determining the fitness of
such buildings for human habitation or occupancy or use, and for the
administration of this section. The Township Council is further authorized
to make such appropriations from its general revenues as it may deem
necessary for this purpose and may accept and apply grants or donations
to assist in carrying out the provisions of this section.
[Ord. No. 8-24-70; 1967 Code § 74-11]
Nothing in this section shall be construed to abrogate or impair
the powers of the Township to enforce any provisions of any act of
a legislature of the State of New Jersey, or its ordinances or regulations,
nor to prevent or punish violations thereof; and the powers conferred
in this section shall be in addition and supplemental to the powers
conferred by any other law of the State of New Jersey or ordinance
adopted by the Township.
[Ord. No. 8-24-70; 1967 Code § 74-12]
a.
In addition to the procedure enumerated in subsections 10-4.2 through
10-4.7, the Township Manager may, upon his own motion, or upon notice
of report from the Public Officer, determine whether there exists
in any building or other structure such a condition as to make it
dangerous to the health and safety of persons at or near the premises,
or is unfit for human habitation or occupancy, as defined in subsection
10-4.6. Such determination may be made by a majority of the members
of the Township Council present at any regular, adjourned or special
meeting by resolution. The resolution shall specify the violation
and determination of the Township Council, and the findings as to
whether the building or structure, or portion thereof, shall be repaired,
altered, improved, removed or demolished, and the manner, time and
terms of action to be taken by the owner or owners of any land or
premises affected thereby.
b.
If the owner or owners of any land or premises affected, upon service
of proper notice, fails to repair, alter, improve, demolish or take
such action as is requested by the Township Council within the time
specified in the resolution, the Township Manager shall instruct the
Public Officer designed by it in the manner prescribed in subsection
10-4.4 paragraphs b. through d., to take such action as required.
[Ord. No. 8-24-70; 1967 Code § 74-13]
[Ord. No. 8-24-70; 1967 Code § 74-14]
A property owner who desires to appeal from any action taken
under subsection 10-4.12 of this section shall, within 10 days from
the date of the action file with the Township Clerk an application
in writing for review and revocation or modification of the action.
The Township Council shall grant such property owner a hearing at
such time and upon such notice as it shall determine. After such hearing,
the property owner shall be notified in writing as to the action taken
by the Township Council and shall, within five days from the date
the notice is received, take the necessary steps to fully comply with
the original notice as affirmed or modified.
[Ord. No. 8-24-70; 1967 Code § 74-15]
Whenever it shall come to the attention of the Township Council
that, due to conditions existing on any lot or plot of land or in
or about any building or buildings in the Township, a nuisance is
created or maintained, that it is or may be detrimental to the safety,
health or general welfare of the community or tend to create or extend
the conflagration, the Township Council may pass a resolution declaring
that the conditions complained of constitute a nuisance within the
meaning of this section and providing for the abatement thereof in
the same manner as provided in subsection 10-4.12.[1]
[1]
Editor's Note: See also Nuisance Code, a Board of Health
ordinance.
[Ord. No. 8-24-70; 1967 Code § 74-16]
The Manager may appoint a custodian on its behalf, who may be
either the Public Officer or persons specially designated to enter
into and take charge of any building or structure upon the failure
of the owner to make the required repairs, to supervise the abatement
of a nuisance, the correction of the defective conditions, or the
maintenance of the premises in the proper condition so as to conform
to the requirements of this section and all other ordinances of the
Township and Laws of the State of New Jersey applicable thereto.
[Ord. No. 8-24-70; 1967 Code § 74-17]
The Township Council, prior to the appointment of a custodian,
shall by resolution affix a reasonable compensation.
[Ord. No. 8-24-70; 1967 Code § 74-18]
All costs, expenses, including the compensation of the custodian,
shall be assessed and collected as provided in subsection 10-4.5.
[Ord. No. 8-24-70; 1967 Code § 74-19]
Upon the adoption of this section and pursuant to the provisions
of N.J.S.A. 40:48-2.3 et seq., and in the event that any owner of
the buildings or structures within the Township shall fail to abate
a condition harmful to the health and safety of the occupants of the
building or structure and the general public with the Township after
notice and opportunity to do so, a Township officer may be designated
by the Township Manager to administer and enforce the provisions of
this section and, with the approval of the Township Manager, to bring
an action in the Superior Court to be appointed receiver ex officio
of the rents and income of such real property for the purpose of collecting
the rents and income from such property and expend the same for the
purpose of abating the conditions. The rents and income so collected
by the receiver shall also be available for the payment of such costs
and expenses of the receivership, as may be adjudged by the Court,
and for the payment to the Township of any fines or penalties which
may have been imposed on the owner for violations of this section
and which may not have been paid by the person liable therefor. The
Court may proceed in the action in a summary manner or otherwise.
Such receiver shall not be required to give bond and shall be appointed
only for these purposes.
[Ord. No. 8-24-70; 1967 Code § 74-20]
Upon his appointment, the receiver, by and with the approval
of the Township Council, in all cases where the real property in question
is encumbered by a first mortgage shall appoint such first mortgagee,
if such mortgagee is a proper person and is willing to accept such
appointment, as the receiver's agent to collect the rents and
income from such real property and manage the same, and in all other
cases the receiver, by and with the approval of the Township Council
may designate the person in charge or management of such real property
or some other competent person as the receiver's agent, to collect
the rents and income from such real property and manage the same,
which mortgagee or other person shall account promptly to the receiver
for the rents and income so collected; provided, however, that if
the mortgagee or other person so designed is derelict in collecting
or accounting for such rents and income, or in the management of such
real property, the receiver shall apply to the Court for the removal
of such designated mortgagee or other person, upon notice in writing
to him, and the Court, upon removing such designated mortgagee or
other person, in its discretion, may designate another person to collect
the rents and income from such real property and manage the same and
account to the receiver for the rents and income of such real property
as aforesaid. In any such receivership no fees shall be allowed the
receiver or his counsel for action as such receiver or counsel.
[Ord. No. 8-24-70; 1967 Code § 74-21]
Except as otherwise provided herein, the procedure in respect
to any such receivership shall be as in the case of interests, costs
and expenses wherein a Collector of taxes of a Township or other officer
of the Township is such receiver. In any receivership proceeding under
this section, the Court shall have jurisdiction to make such orders
and directions to the receiver as may be necessary to effectuate the
purposes of this section and to conserve the real property during
the pendency of the receivership.
[Ord. No. 8-24-70; 1967 Code §§ 74-25-74-27]
a.
Registration required; procedure. Every building and structure within
the Township which is occupied by two or more families as tenants
of the owner or lessor shall be required to register with the Township
Clerk upon forms prescribed and furnished by the Township. Every such
registration form shall include the name and address of the owner,
the name and address of the lessor if other than the owner, and the
name and address of an agent in charge of the premises residing in
the Municipality.
b.
Notice in case of noncompliance. Where the owner or lessor has failed
to register his premises with the Township Clerk, as required, and
designated an agent in respect to the premises residing in the Township,
or where such agent has been designated but cannot be found at the
address given in the registration form, the service of notices required
under this section, or any other ordinance heretofore or hereafter
adopted by the Township, or required to be served pursuant to any
State law applicable to the Township, upon the owner, lessor and agent,
shall be deemed sufficient notice to the owner or lessor, and valid
effective service of any such notice by posting it upon the premises
in a conspicuous place.
c.
Filing of date with Clerk. In the event notice is given and effected
by posting it upon the premises in a conspicuous place, the individual
or Public Officer making the posting shall by affidavit, within three
days thereafter, file with the Township Clerk the date, time and exact
place of posting the notice upon the premises.
[New]
Any person or persons, firm or corporation failing to obey the
provisions of this section, or the orders of the Public Officer or
Township Council issued pursuant to this section, shall be subject
to the General Penalty established in Section 1-5 of this Code.
[Ord. No. 8-24-70; 1967 Code § 74-30]
It shall be the duty of the Township Clerk and the Public Officer
of the Township to keep a book in which he shall record and file all
proceedings required to be taken hereunder by the Township Council
and the Public Officer.
[Ord. No. 0-26-73; Ord. No. 0-7-75; 1967 Code § 38A-1]
As used in this section:
The Deptford Township Multiple Dwelling Emergency Commission.
The membership of the Commission shall be comprised of the following
individuals: Township Manager, Construction Code Official, member
of the Township Council and member of the Board of Health, to be annually
appointed by each respective body, and two citizen members to be appointed
by the Township Council initially for terms of one and two years,
respectively, and thereafter the appointment to be for a period of
two years. All such citizen members shall serve until their successors
have been duly appointed. The Manager or Construction Code Official
may designate an alternate to act in his stead.
Any room or rooms, suite, apartment, townhouse, condominium,
condominium apartment and townhouse as defined in N.J.S.A. 46:8B-3
et seq., whether furnished or unfurnished, which is occupied or intended,
arranged or designed to be occupied for sleeping, dwelling or residence
purposes by one or more persons.
Any condition dangerous or injurious to the health or safety
of the occupant or occupants of neighboring buildings, which arises
out of any of the following circumstances or conditions:
Lack of adequate ventilation or light.
Lack of adequate and properly functioning sanitation facilities.
Lack of adequate and healthful water supply.
Any structural, mechanical, electrical or other defect or insufficiency
which may be detrimental to the health and safety of any occupants
of a dwelling unit as defined by this section, or any "emergency condition"
of the land or premises which would constitute a violation of Section
10-4, Unsafe Structures, and Section 10-3, Housing Code, of this chapter,
and as determined by a duly authorized officer of the Township.
Lack of properly functioning heating unit which shall be capable
of maintaining every habitable room in each dwelling unit at a temperature
of at least 72° F. whenever the outside temperature falls below
60° F. from October 1 of each year until the next succeeding May
20, and where air conditioning is provided within a dwelling unit
such cooling facility shall be sufficient to maintain a constant temperature
of 70° F., based on outside temperature of 85° F.
Any building or structure of one or more stories, and any
land appurtenant thereto and any portion thereof, in which four or
more dwelling units are occupied or are intended to be occupied; except
that any townhouse as a dwelling unit, connected in a line of three
or more shall, for the purpose of this section, be considered a "multiple
dwelling." Premises which are used primarily for purposes other than
sleeping, dwelling or residence shall not be considered a "multiple
dwelling."
The Township Construction Code Official, Fire Marshal, Code
Enforcement Officer, Health Inspector or any other duly designated
Township official charged with the responsibility of protecting the
health, safety and general welfare of Township residents.
[Ord. No. 0-26-73; Ord. No. 0-7-75; 1967 Code § 38A-4]
The owner of a multiple dwelling, and any association created
for the maintenance of condominium common elements, open space, and/or
management of the condominium, shall deposit with the Township Clerk
security funds to be used for the repair, maintenance, supply or replacement
of those items of structure, equipment or supplies which are necessary
to correct, eliminate or alleviate an emergency condition. The amount
of the security funds to be deposited with the Township Clerk shall
be computed in the following manner:
a.
Where the owner owns between four and 25 dwelling units, the owner
shall deposit $100 for each dwelling unit.
b.
Where the owner owns between 26 and 40 dwelling units, the owner
shall deposit $2,500 for the first 25 units and $50 for each additional
dwelling unit owned.
c.
Where the owner owns more than 40 dwelling units, the owner shall
deposit $2,500 for the first 25 units, $50 per unit for the next 15
units, and $30 per unit for each additional unit.
d.
In no event shall an owner be required to deposit more than $5,000
in security funds pursuant to this section. All funds required to
be deposited under the terms of this section shall be delivered to
the office of the Township Clerk within 15 days after receipt of notice
from the authority of the amount due. Notice of the amount due may
be given by the authority or its agent by personally delivering same
to the owner, or the owner's agent, servant, employee or joint
venturer on the owner's premises, or by certified mail sent to
the owner's last registered address. Upon receipt of such security
funds, the Township Clerk shall deposit these funds in an interest-bearing
savings account at a federally insured bank depository within the
Township in the name of the Township Multiple Dwelling Emergency Commission
in trust for each particular owner. All interest payable on such accounts
shall accrue to the particular owner on whose behalf the account is
maintained by the authority. The authority may expend up to 1% of
the trust fund for administration expenses, including bank charges,
postage, stationery, secretarial services, engineering and legal services,
and such other professional services as are necessary to perform its
duties, all to be paid by voucher, a copy of which shall be provided
to the owner originally posting the trust fund, except that legal
services and other expenses required to be expended to secure compliance
with the provisions of this section from the owner and/or condominium
association shall be considered as additional administration expenses
properly charged against the trust fund.
e.
Condominium associations created for the administration and/or management
of common elements and open space and/or management of the condominiums
shall be required to make deposits in accordance with the number of
dwelling units within the condominium association, equal to 50% of
that sum provided in paragraphs a. through d. of this subsection.
[Ord. No. 0-26-73; 1967 Code § 38A-5]
a.
In the event the authority spends money from any account, as authorized
by this section, thus reducing the amount in the account and leaving
less than the sum required as computed in subsection 10-5.2, the Township
Multiple Dwelling Emergency Commission shall immediately notify the
owner and/or association in the same manner as notification is required
in subsection 10-5.2 of this section of the amount necessary to bring
that account up to the originally required amount. The owner and/or
association shall deposit such required funds as follows:
b.
Where the authority has spent money from an account, the owner and/or
association may appeal to the Mayor and Township Council for a hearing
concerning solely the issues of whether or not an emergency condition
did exist and whether the amount expended to remedy the emergency
condition was reasonable. If such appeal is desired, the appellant
shall, within 10 days of receiving notice of the amount spent, file
with the Township Clerk a letter requesting such appeal. The Mayor
and Township Council shall hold a hearing regarding the aforementioned
issues not less than 10 nor more than 30 days after the Township Clerk
has received the request from the appellant, and it shall render its
decision within 14 days after the hearing has been concluded. By mutual
consent between the Mayor and Township Council and the aggrieved party,
the time limitations herein may be extended. A record of any such
hearings shall be made and kept at the office of the Township Clerk.
c.
If the Mayor and Township Council shall determine that the money
expended by the authority is not reasonable or that an emergency condition
did not exist, then such aggrieved party shall be given credit by
the authority for such improper expenditure of funds and shall not
be required to redeposit money with the Township Clerk in accordance
with subsection 10-5.2 of this section. At the end of the budget year
in which such unreasonable expenditure is made, the Township Council
shall provide a line item in its budget for the reimbursement of such
unreasonable expenditure to the trust account of the aggrieved party.
Thereafter, the aggrieved party shall be required to maintain the
trust account in accordance with the provisions of this section.
[Ord. No. 0-26-73; 1967 Code § 38A-6]
In the event that the owner and/or condominium association,
or any party required to deposit escrows or make reimbursement to
the authority, shall, after proper notice, fail to comply with the
provisions of this section, the Township Solicitor shall be authorized
to maintain legal action in a court of competent jurisdiction to compel
compliance with the provisions of this section.
[Ord. No. 0-26-73; 1967 Code § 38A-7]
The authority shall be authorized to expend the moneys from
the trust account it maintains for any party to correct, eliminate
or alleviate an emergency condition only when:
a.
It has examined those circumstances and conditions alleged to constitute
an emergency condition, has received a report on such alleged emergency
condition from the duly authorized officer, and has declared an emergency
condition to exist; and
b.
The remedying of such emergency condition is the owner's and/or
association's responsibility; and
c.
The owner, association or the owner's and/or association's
agent, servant, employee or joint venturer has received notice of
the circumstances or conditions constituting the emergency condition
from either the authority or an affected tenant or resident in person
or by regular mail, telegram or telephone conversation and an appropriate
affidavit or sworn testimony under oath has been filed and/or made
with and/or to the authority, by the individual who has so notified
the owner's and/or association's agent, servant, employee
or joint venturer; and
d.
No work has been commenced by the owner and/or association, or the
owner's and/or association's agent, servant, employee or
joint venturer to correct, eliminate or alleviate the emergency condition
within 48 hours after notification has been received of the circumstances
and conditions constituting the emergency condition as described paragraph
c. of this subsection; or
e.
Where work has commenced within the forty-eight-hour period referred
to in paragraph d. of this subsection but such work has not been reasonably
completed within 72 hours after the work was commenced, and in the
opinion of a duly authorized officer the work could have been completed
within 72 hours.
f.
The Township Clerk is authorized to withdraw and expend security
funds only after he has received in writing an authorization by the
authority, which authorization shall be signed by the Chairman and
Secretary of the authority.
[Ord. No. 0-26-73; 1967 Code § 38A-8]
a.
Any affidavit of notice or testimony of notice given by any individual
under oath to the authority shall include the circumstances and conditions
alleged by that individual to constitute an emergency condition, and
such affidavit or sworn testimony shall provide and/or acknowledge
that individual's liability under paragraph b. of this subsection.
b.
Any person and/or persons who intentionally, willfully, negligently
or falsely represent any affidavit or, under oath, any material fact(s)
concerning notice, or the alleged emergency condition upon which the
authority relies causing it to improperly expend trust funds which
must be reimbursed by the Township, shall, in addition to other penalties
provided herein for violation of this section, reimburse the Township
to the extent of such improper expenditure.
[Ord. No. 0-26-73; 1967 Code § 38A-9; New]
a.
Any person, firm, association or persons or corporation found guilty
of violating any of the provisions of this section shall, upon conviction
thereof, be subject to the General Penalty established in Section
1-5 of this Code.
b.
Notwithstanding any penalties hereinabove described which may be
imposed for the violation of any provision of this section, the Township,
the authority or any duly authorized official may take such other
action or institute such proceedings in any court of competent jurisdiction
as shall be required to enforce the provisions of this section.
[Ord. No. 0-11-88, Preamble]
The residents of the Township are occasionally forced out of
their homes by reason of fire, flood, or other catastrophe which renders
their homes temporarily uninhabitable and there is currently no provision
in the ordinances of the Township permitting temporary emergency housing
for such persons, or provisions for other types of trailers. The Township
Council finds that in order to preserve and protect the public's
health, safety and welfare, temporary emergency housing for such persons,
and other types of trailers should be permitted.
[Ord. No. 0-11-88 § 2]
As used in this section:
Fire, flood or other catastrophe by which residential dwellings
in the Township are rendered temporarily uninhabitable.
A trailer/mobile dwelling unit meeting the standards set
forth under Article 6, entitled "Specific Use and Occupancy Requirements,"
Section 621 of the 1987 edition of the BOCA Code, and as further determined
by the Construction Code Official.
Trailers used to sell concessions in conjunction with sporting
events sponsored by a nonprofit organization serving residents of
the Township.
A wheel-based commercial vehicle that is designed to be transported
by traction and which is used or may be used commercially for conducting
sales of dwelling units as part of development applications.
A trailer utilized for the temporary storage of construction
materials on a development site.
Any structure designed for mounting upon wheels and could
be used as a conveyance whether through its own or other motive power.
Such "trailers" are normally connected to a cab or motorized unit
for traveling or hauling. It shall be constructed or designed so as
to permit the occupancy thereof as a permanent or temporary dwelling
or sleeping place for one or more persons, and shall have no permanent
foundation other than wheels, jacks, or skirtings.
[Ord. No. 0-11-88 § 3]
Except as set forth herein or otherwise set forth in the Zoning
Code of the Township, trailers are prohibited within the Township
of Deptford.
[Ord. No. 0-11-88 § 4]
Subject to the regulations and requirements set forth hereafter,
trailers for "emergency housing," "construction office sales units,"
"construction storage," and "trailers used for concessions by recreational
organizations" as defined herein are permitted.
[Ord. No. 0-11-88 § 5]
All permits shall be issued through the Construction Code Official's
Office. Each applicant must submit an application to the Construction
Code Official together with a permit fee.
[Ord. No. 0-11-88 § 6]
The application for a permit for temporary trailer shall be
submitted to the Code Enforcement Officer and shall state:
a.
The name and address of the owner of the trailer.
b.
The number of occupants that will be occupying the trailer.
c.
The name and addresses of the owners of the damaged permanent premises.
d.
The location and distance of the nearest buildings immediately adjacent
to the proposed trailer.
e.
The proposed setback of such trailer from the roadway.
f.
Provide a safe and sanitary method of sewerage disposal, if applicable.
g.
Provide an adequate method of supplying potable water to the trailer,
if applicable.
h.
Provide a safe and sanitary method of garbage and trash disposal,
if applicable.
i.
Provide an adequate electrical service for the efficient illumination
and safe operation of the appliances and equipment within the trailer.
[Ord. No. 0-11-88 § 7]
Permits for "emergency housing" shall have a duration of six
months. All other permits shall be for a term of one year.
[Ord. No. 0-11-88 § 8]
The Construction Code Official shall grant an additional three
months extension to an applicant for "emergency housing" provided
the following conditions have been met:
a.
Applicant has commenced significant construction of the permanent
dwelling unit which was the subject of the catastrophe.
b.
Applicant has applied for an extension in advance of the expiration
of the original six-month period.
c.
Applicant has complied with all of the requirements set forth herein
and the trailer is otherwise consistent with the Zoning Code of the
Township of Deptford.
|
Other permits shall be issued by the Construction Code Official
for additional one year periods provided new applications and application
fees are paid and the applicant has complied with the terms of this
section and the Zoning Laws of the Township. In no event shall a "construction
office sales unit trailer" be permitted for over two years without
the consent of Township Council.
|
[Ord. No. 0-11-88 § 9]
This section shall not apply to nor affect traveling carnivals,
circus acts or organizations or groups of similar character which
shall enter the Township having received written authority from the
Township Council of the Township of Deptford, and from which carnival,
circus act or similar group, a portion of the money received is turned
over to a fire company, religious group or other civic enterprise
in the Township of Deptford.
[Ord. No. 0-11-88 § 10]
Should the applicant fail or refuse to abide by any of the conditions
imposed by the Construction Code Official, the official may revoke
the permit after affording the applicant a reasonable opportunity
to correct the violation.
[Ord. No. 0-11-88 § 11]
The Construction Code Official shall have the right to inspect
the trailer in advance of issuing the permit and thereafter, upon
reasonable notice, shall be permitted an inspection of the trailer,
both inside and outside, at his discretion.
[Ord. No. 0-11-88 § 12]
For the purpose of this section, it shall be presumed that an
individual, partnership, corporation or other entity is storing any
trailer as prohibited by this section when the trailer shall remain
in the stationary position for more than 24 hours upon any private
or public lands within the municipal limits. No permits for such trailer
shall be issued by the Construction Code Official of the Township
of Deptford.
[Ord. No. 0-11-88 § 13]
Each application for a permit as required hereunder shall be
accompanied by the following fees:
