[Ord. No. 1713, § 3; amended by Ord. No. 3931, 2-7-2006, § 4;
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
All terms used in this article are defined in the State Uniform
Construction Code Act and N.J.A.C. 5:23, promulgated by the Commissioner
of the Department of Community Affairs pursuant thereto, unless the
context clearly indicates otherwise.
[Ord. No. 1713, § 3; amended by Ord. No. 1719, § 1; Ord. No. 1766, § 1; Ord. No. 1792, § 1; Ord. No. 1935, 12-15-1981, § 2; Ord.
No. 1941, 2-2-1982, § 2; Ord. No. 2081, 1-3-1984, §§ 1, 2; Ord. No. 2066, 12-18-1984, §§ 1, 2; Ord. No. 3016, 12-17-1985, §§ 1
- 11; Ord. No. 3246, 12-12-1989, § 3; Ord. No. 3573, 10-27-1998, § 1; Ord. No. 3931, 2-7-2006, § 4; Ord.
No. 4185, 6-15-2010, § 1; Ord. No. 32-2013, 9-24-2013]
(a)
No person shall be charged a construction permit surcharge fee or
enforcing agency fee for any construction, reconstruction, alteration
or improvement designed and undertaken solely to promote accessibility
by disabled persons to an existing public or private structure or
any of the facilities contained therein.
(b)
A disabled person, or a parent or sibling of a disabled person, shall
not be required to pay any municipal fee or charge in order to secure
a construction permit for any construction, reconstruction, alteration
or improvement which promotes accessibility to his own living unit.
(c)
For the purposes of this section, "disabled person" means a person
who has the total and permanent inability to engage in any substantial
gainful activity by reason of any medically determinable physical
or mental impairment, including blindness, and shall include, but
not be limited to, any resident of this state who is disabled pursuant
to the Federal Social Security Act (42 U.S.C. § 416), or
the Federal Railroad Retirement Act of 1974 (45 U.S.C. § 231
et seq.), or is rated as having a 60% disability or higher pursuant
to any federal law administered by the United States Veterans' Act.
For purposes of this subsection, "blindness" means central visual
acuity of 20/200 or less in the better eye with the use of a correcting
lens. An eye which is accompanied by a limitation in the field of
vision such that the widest diameter of the visual field subtends
an angle no greater than 20° shall be considered as having a central
visual acuity of 20/200 or less.
(d)
Not-for-profit organizations, which are exempt from the payment of
federal income taxes pursuant to Section 501(c)(3) of the Internal
Revenue Code, shall not be charged fees payable hereunder to the local
enforcing agency for renovations and improvements to existing buildings
owned by tax-paying third parties, provided such renovations and improvements
are performed exclusively for the charitable and benevolent purposes
of the said not-for-profit organization. Such exemption shall not
apply to any fees for construction of new buildings or for renovations
or improvements exceeding a cost of $50,000. Such exemption shall
not apply to fees payable to the State of New Jersey or to any private
on-site inspection agency.
(e)
Enforcing agency fees are waived for construction contracted for
or conducted by the Township or the Teaneck Board of Education within
its boundaries.
(f)
Except as otherwise waived or exempted by this section, all fees are contained in Appendix III of Chapter 2.
(g)
Notwithstanding
the provisions of the State Uniform Construction Code Act, P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.), or any rules, regulations or
standards adopted pursuant thereto to the contrary, a person who has
a service-connected disability declared by the United States Veterans
Administration, or its successor, to be a total or 100% permanent
disability that would entitle him or her to a property tax exemption
under Section 1 of P.L. 1948, c. 259 (N.J.S.A. 54:4-3.30), or a spouse,
parent, sibling, or guardian of the disabled veteran, shall not be
charged a construction permit fee for any construction, reconstruction,
alteration, or improvement designed and undertaken solely to promote
accessibility by the disabled veteran to or within his or her own
living unit.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
[1]
Editor's Note: Former § 11-18 of the 1965 Code was
repealed by Ord. No. 3931, 2-7-2006, § 4.
[Ord. No. 1713, § 5]
The construction official shall, with the advice of the subcode
officials, prepare and submit to the Township Manager biannually a
report recommending a fee schedule based on the operating expenses
of the agency and any other expenses of the municipality fairly attributable
to the enforcement of the State Uniform Construction Code Act.
[1]
Editor's Note: Former §§ 11-30 through 11-33
of the 1965 Code were repealed by Ord. No. 1506, § 3.
