[Adopted 11-16-1998 by Ord. No. 1998-566]
The State of New Jersey Uniform Construction Code N.J.S.A. 52:27D-126e permits the governing body of any municipality to provide by ordinance that 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.
The Borough Council of the Borough of Spotswood believes that the promotion of such accessibility improvements in residential buildings is for the public good.
For the purposes of this article, the following definitions shall apply:
- DISABLED PERSON
- 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 the Borough 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 the purposes of this definition, "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 fields 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.
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 to his or her own living unit.
This article specifically excludes accessibility improvements made to buildings or structures devoted to commercial use.