[Ord. No. 77-1 § 1; Ord. No. 77-16 § I]
a.
It is hereby established in the Borough of Woodland Park a State
Uniform Construction Code Enforcing Agency to be known as the Department
of Inspections, consisting of a Construction Official, Building Subcode
Official, Plumbing Subcode Official, Electrical Subcode Official,
Fire Protection Subcode Official, two (2) Assistant Fire Protection
Subcode Officials, and such other Subcode Officials for such additional
Subcode Officials 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 N.J.S.A. 52:27D-126
et seq. and N.J.A.C. 5:23; provided that, in lieu of any particular
Subcode Official, an on-site Inspection Agency may be retained by
contract pursuant to N.J.A.C. 5:23. More than one (1) such official
position may be held by the same person; provided that such person
is qualified pursuant to N.J.S.A. 52:27D-126 et seq. 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 Municipal Building, McBride Avenue and Brophy Lane except
for emergencies, and unforeseen or unavoidable circumstances.
[Ord. No. 77-1 § 2]
a.
There is hereby established a Construction Board of Appeals to hear
appeals from decisions by the enforcing agency. Such Board shall consist
of five members. At least one Board member shall be a registered architect
or licensed professional engineer of building construction experience,
and at least one Board member shall be qualified as a Plumbing Subcode
Official and one qualified as an Electrical Subcode Official. No more
than two Board members shall be selected from the same business or
profession. 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.
b.
The Mayor shall appoint the Board members and any alternate members.
For the members first appointed, the Mayor 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 terms
of four years. At the expiration of such terms and thereafter, appointments
shall be made for terms of four years. Vacancies shall be filled for
the unexpired term.
The Mayor shall appoint such number of alternates as may be
appropriate for terms not to exceed four years; or may, in the alternative,
appoint alternates on a case-by-case basis.
No regular or alternate Board member may be a member of the
enforcing agency, the decisions of which are subject to the review
of the Board.
c.
Board members shall serve without compensation.
[Ord. No. 77-1 § 3; Ord. No. 82-1 § I; Ord. No. 89-6 § 2; Ord.
No. 95-6 § 1; Ord. No.
04-12; Ord. No. 09-02; New; Ord. No. 2017-37; amended 1-16-2019 by Ord. No. 19-03]
a.
Building Subcode fees.
1.
New building: $0.040 per cubic foot of
building volume (minimum $80).
2.
Addition: $0.045 per cubic foot of building
volume (minimum $80).
3.
Renovations, alterations, repairs: $30
per $1,000 of estimated cost ($80 minimum).
4.
Premanufactured structure: $30 per $1,000
of estimated cost (minimum $80).
7.
Underground storage tanks: abandonment
or removal, residential or commercial: $80 per tank.
9.
Sign installation: $2 per square foot of
surface area ($80 minimum).
12.
Retaining walls, residential (not included
with a site development application):
(a)
For a zoning permit (walls under
four feet in height): $50.
(b)
Walls four feet in height and over,
up to 550 square feet: $100.
(c)
For walls 551 square feet and over:
$200.
(d)
Engineering escrow for walls four
feet in height and over: $350. In the event the plan is not approved
and must be resubmitted, the applicant will be charged at the Municipal
Engineer's hourly rate.
(e)
All other use groups: $15 per $1,000
of estimated cost ($100 minimum).
14.
Sheds under 200 square feet: $50. All others:
apply UCC fees.
15.
Temporary signs: $25.
b.
Fire Subcode.
1.
Minimum permit fee: $80.
2.
Fireplace, wood-burning stove, gas/oil-fired
appliances: $80.
3.
Commercial extinguishing system, pre-engineered
suppression system or halen recovery system: $200.
4.
6.
Residential heating equipment (not connected
to the plumbing system): $80 per appliance ($80 minimum).
8.
Residential/commercial exit/emergency lights:
$80 for up to 12 lights, plus $5 per each additional light over 12.
9.
Fireplace venting/chimney liners: $80.
10.
The fee for an incinerator shall be $1,200.
11.
The fee for a crematorium shall be $1,200.
12.
Other devices shall be $200.
13.
Smoke control systems: $200.
14.
Kitchen hood system: $200.
c.
Plumbing Subcode fees.
1.
Minimum permit fee: $80.
2.
Water closet: $20.
3.
Urinal/bidet: $20.
4.
Bathtub: $20.
5.
Lavatory sink: $20.
6.
Shower stall: $20.
7.
Floor drain/floor sink: $20.
9.
Drinking fountain: $20.
10.
Washing machine: $20.
11.
Water service connection: $50.
12.
Sanitary sewer connection: $50.
13.
Storm drain: $50.
15.
Hose bibb: $20.
16.
Condensate line/clear water waste: $20.
17.
Dryer: $20.
18.
Future DWV stacks and/or each future fixture:
$20.
19.
Gas piping: $35 or $15 per appliance.
23.
Interceptors/separators: $150.
25.
Water-cooled A/C or refrigeration: $100.
26.
Backflow preventer: $50; 1 1/2 inches or
larger: $75.
27.
Sump pumps: $50.
28.
Pool heaters: $50.
29.
For cross connections and backflow preventers
subject to annual inspections and testing: fee shall be $75 per device.
30.
Root drains: $20 each.
31.
Septic system pumps: $75.
d.
Elevator Subcode fees: shall be as set
forth in N.J.A.C. 5:23-12.6. The administrative fee shall be 20%.
e.
The fee for an annual permit shall be $250.
f.
Electrical fees.
1.
Electrical fixtures and devices: From 1
to 25 receptacles, fixtures or switches: $80. For increments of 25
additional items: $30.
5.
6.
Solar panels: $50 per 5 KW.
7.
Minimum fee: $80.
g.
Lead Hazard Subcode fees. The Lead Hazard
Subcode fee shall be in accordance with N.J.A.C. 5:23-4.20.
h.
Asbestos Subcode fees. The Asbestos Subcode
fee shall be in accordance with N.J.A.C. 5:23-8.1 and N.J.A.C. 5:23-8.9.
[Ord. No. 78-2 § 1]
The following fire limits are established pursuant to N.J.A.C.
5:23: the entire Borough.
The Construction Official shall prepare and submit to the Mayor
and Municipal Council, biannually, a report reevaluating the delineation
of the fire limits. This report shall indicate the recommendations
of the Construction Official, the Building Subcode Official, and the
Fire Subcode Official regarding those areas which should be designated
as within fire limits, with the reasons therefor.
[Ord. No. 09-09 § 1]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Woodland Park so as to protect public health, safety and welfare
and to prescribe penalties for the failure to comply.
[Ord. No. 09-09 § 2]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Woodland Park or other public body,
and is designed and used for collecting and conveying stormwater.
shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this State subject to
municipal jurisdiction.
shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet and combination inlet.
shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 09-09 § 3]
No person in control of private property (except a residential
lot with one (1) single-family house) shall authorize the repaving,
repairing (excluding the repair of individual potholes), resurfacing
(including top coating or chip sealing with asphalt emulsion or a
thin base of hot bitumen), reconstructing or altering any surface
that is in direct contact with an existing storm drain inlet on that
property unless the storm drain inlet either:
[Ord. No. 09-09 § 4]
Storm drain inlets identified in subsection 17-8.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash and other floating, suspended or settleable solids. For exemptions to this standard, see subsection 17-8.4c below:
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
storm water from that surface into a storm drain or surface water
body under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven (7.0) square inches, or is no greater
than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two (2) or more clear spaces) shall have an area of no
more than seven (7.0) square inches, or be no greater than two (2.0)
inches across the smallest dimension.
c.
This standard does not apply:
1.
Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one (1) inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. No. 09-09 § 5]
This section shall be enforced by the Police Department of the
Borough of Woodland Park.
[Ord. No. 09-09 § 6;
New]
Any person(s) who is found to be in violation of the provisions of this section shall be liable, upon conviction, to the penalty stated in Chapter I, Section 1-5.
[Ord. No. 09-10 § 1]
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking
or otherwise discharge of liquids, semi-liquids or solids from the
containers to be municipal separate storm sewer system(s) operated
by the Borough of Woodland Park and/or the waters of the State so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
[Ord. No. 09-10 § 2]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Woodland Park or other public body,
and is designed and used for collecting and conveying stormwater.
shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this State subject to
municipal jurisdiction.
shall mean any waste container that a person controls whether
owned, leased or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
Any person who controls, whether owned, leased or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Woodland
Park.
[Ord. No. 09-10 § 4]
a.
Permitted temporary demolition containers
b.
Litter receptacles (other than dumpsters or other bulk containers)
c.
Individual homeowner trash and recycling containers
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit
e.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup)
[Ord. No. 09-10 § 5]
This section shall be enforced by the Police Department of the
Borough of Woodland Park.
[Ord. No. 09-10 § 6;
New]
Any person who violates any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter I, Section 1-5.
[1972 Code § 14-2.1; New]
In accordance with the provisions of N.J.S.A. 40:49-5.1, the
"New Jersey State Housing Code" as approved by the Departments of
Community Affairs, is hereby adopted as a standard governing supplied
utilities and facilities and other physical things and conditions
essential to making dwellings safe, sanitary and fit for human habitation,
occupancy or use, and governing the condition of dwellings. The "New
Jersey State Housing Code" is attached to and made a part of this
section by reference without the text being included herein.
[1972 Code § 14-2.2]
Three (3) copies of the "New Jersey State Housing Code" have
been placed on file in the office of the Clerk and will remain on
file there for the use and examination of the public.
[1972 Code § 14-2.3]
The administrative and enforcing authority for the provisions
of this section shall be the Construction Official.
[1972 Code § 14-2.4; Ord. No. 2015-05]
a.
The public officer may determine that a building is unfit for human
habitation or occupancy or use if he or she 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 of the Borough.
b.
Such conditions shall be deemed to include the following: defects
therein increasing the hazards of fire, accident, or other calamities;
lack of adequate ventilation, light, or sanitary facilities; dilapidation;
disrepair, structural defects; uncleanliness; failure to comply with
the requirements of the building code or the certificate of occupancy.
[1972 Code § 14-2.5]
The Construction Official may make rules and regulations which
interpret or amplify any provision of this section or for the purpose
of making the provisions of this section more effective. No regulation,
however, shall be inconsistent with or alter or amend any provision
of this section, and no regulation shall impose any requirement which
is in addition to or greater than the requirements that are expressly
or by implication imposed by any provision of this section. Rules
and regulations shall be subject to the same penalty as other violations
of this section.
[1972 Code § 14-2.6]
The Construction Official or his agents or employees shall make
inspections to determine the condition of dwellings, dwelling units,
rooming units and premises located within the Borough. For the purpose
of making inspections, the Construction Official or his agents are
authorized to enter and examine any dwelling, dwelling unit, rooming
unit or premises at any reasonable hours as the circumstances of the
case permit. This subsection shall not be construed to prohibit the
entry of the Construction Official or his agent at any time when an
actual emergency exists which tends to create a danger to public health
or safety, or at any time when an inspection is requested by an owner
or occupant.
[1972 Code § 14-2.7]
Upon presentation of proper identification, the owner, occupant
or person in charge of a dwelling, dwelling unit or rooming unit shall
give the Construction Official or his agents free access to the premises
for the purpose of inspection or of making any repairs or alterations
which are necessary to effect compliance with this chapter.
[1972 Code § 14-2.8]
The Construction Official or his agents may, upon affidavit,
apply to the Judge of the Municipal Court for a search warrant setting
forth factually the actual conditions and requirements that provide
a reasonable basis for believing that a nuisance or violation of this
section exists on the premises, and if the Municipal Judge is satisfied
as to the matter set forth in the affidavit, he shall authorize the
issuance of a search warrant permitting access to and inspection of
that part of the premises on which the nuisance or violation may exist.
[1972 Code § 14-2.9]
Whenever the Construction Official determines that there are
reasonable grounds to believe that there has been a violation of any
provision of this section or of any rule or regulation adopted pursuant
thereto, he shall give notice of the alleged violation to the person
or persons responsible therefor as hereinafter provided. The notice
shall:
a.
Be put in writing;
b.
Include a statement of the reasons why it is being issued;
c.
Allow a reasonable time for the performance of any act it requires;
d.
Be served upon the owner or his agent, or the occupant, as the case
may require; provided that notice shall be deemed to be properly serviced
upon such owner or agent, or upon such occupant, if a copy thereof
is served upon him personally; or if a copy thereof is sent by certified
mail to his last known address; or if a copy thereof is posted in
a conspicuous place in or about the dwelling affected by the notice;
or if he is served with notice by any other method authorized or required
under the laws of this State. The notice may contain an outline of
remedial action which, if taken, will effect compliance with the provisions
of this section and with rules and regulations adopted pursuant thereto.
[1972 Code § 14-2.10]
Any person affected by any notice which has been issued in connection
with the enforcement of any provisions of this section, or of any
rule or regulation adopted pursuant thereto, may request and shall
be granted a hearing on the matter before the Construction Official
provided that person shall file in the office of the Construction
Official a written petition requesting a hearing and setting forth
a brief statement of the grounds therefor within ten (10) days after
the day the notice is served. Upon receipt of the petition, the Construction
Official shall set a time and place for the hearing and shall give
the petitioner written notice thereof. At the hearing the petitioner
shall be given an opportunity to be heard and to show why the notice
should be commenced not later than ten (10) days after the day on
which the petition is filed; provided that upon application of the
petitioner, the Construction Official may postpone the date of the
hearing for a reasonable time beyond the ten (10) day period, if in
his judgment the petitioner has submitted a good and sufficient reason
for the postponement. After the hearing the Construction Official
shall sustain, modify, or withdrawn the notice, depending upon his
findings as to whether the provisions of this section and the rules
and regulations adopted pursuant thereto have been complied with.
If the Construction Official sustains or modifies the notice, it shall
be deemed to be an order. Any notice severed pursuant to this chapter
shall automatically become an order if a written petition for a hearing
is not filed in the office of the Construction Official within ten
(10) days after the notice is served. The proceedings at the hearings,
including the findings and the decision of the Construction Official,
shall be summarized, reduced to writing, and entered as a matter of
public record in the office of the Construction Official. The record
shall also include a copy of every notice or order issued in connection
with the matter. Any person aggrieved by the decision of the Construction
Official may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the State. Whenever the Construction Official
finds that an emergency exists which requires immediate action to
protect public health or safety, he may, without notice or hearing,
issue an order reciting the existence of such an emergency and requiring
that such action be taken as he deems necessary to meet the emergency.
Notwithstanding the other provisions of this section, an order shall
be effective immediately. Any person to whom an order is directed
shall comply therewith immediately, but upon petition to the Construction
Official shall be afforded a hearing as soon as possible. After a
hearing, depending upon his findings as to whether the provisions
of this section and of the rules and regulations adopted pursuant
thereto have been complied with, the Construction Official shall continue
an order in effect, or modify it, or revoke it.
[1972 Code § 14-2.11]
Wherever a petition is filed with the Construction Official
by a public authority as defined in N.J.S.A. 40:48-2.4, or by at least
five (5) residents of the Borough charging that any dwelling is unfit
for human habitation as defined in the Housing Code, or whenever it
appears to the Construction Official on his own motion that any dwelling
is unfit for human habitation, he 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 dwelling a complaint
stating the charges in that respect and containing a notice that a
hearing will be held before the Construction Official at a place therein
fixed not less than ten (10) days nor more than thirty (30) days after
the serving of the complaint; that the owner and parties in interest
shall be given the right to file an answer to the complaint and not
appear in person, or otherwise, and give testimony at the time and
place fixed in the complaints; and that the rules of evidence prevailing
in courts of law or equity shall not be controlling in hearings before
the Construction Official.
[1972 Code § 14-2.12; Ord. No.
2015-07]
If after notice and hearing, as provided above, the Construction
Official determines that the dwelling under consideration is unfit
for human habitation, as defined in the Housing Code, he shall state
in writing his findings of fact in support of his determination and
shall issue and cause to be served upon the owner thereof and parties
in interest an order requiring:
a.
The repair, alteration or improvement of the building to be made
by the owner, within a reasonable time, which shall be set forth in
the order, or at the option of the owner, to vacate or to have the
building vacated and closed within the time set forth in the order.
b.
If the building is in such 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, that the owner shall 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
Building Inspector may cause the building to be repaired, altered
or improved, or to be vacated and closed; that the Construction Official
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 or 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 Construction Official may cause the building to
be removed or demolished or may contract for the removal or demolition
thereof after advertisement and receipt of bids therefor.
e.
The amount of:
1.
The cost of the 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 Borough.
2.
The cost of repairs, alterations, or improvements, or vacating and
closing, or removal or demolition, if any, or the amounts of the balance
thereof remaining after deduction of the sum, if any, realized from
the sale of materials derived from such buildings or from any contract
for removal or demolition thereof, shall be a municipal lien against
the real property, upon which the cost was incurred. In the event
that the monies used in connection with the nuisance abatement were
from funding provided by the Community Development Block Grant- Disaster
Recovery Program, Federal Department of Housing and Urban Development,
HUD, there shall be a lien placed against the real property in favor
of Borough of Woodland Park, New Jersey and Federal Department of
Housing and Urban Development, Community Development Block Grant-
Disaster Recovery (Hurricane Irene).
|
If the building is removed or demolished by the Construction
Official, he shall sell the materials of such building. There shall
be credited against the cost of removal or demolition thereof, the
proceeds of any sale of materials or any sum derived from any contract
for the removal or demolition of the building. If there are no credits,
or if the sum total of the costs exceeds the total of credits, a detailed
statement of the aforesaid costs and the amount so due shall be filed
with the Municipal Tax Assessor or other custodian of the records
of tax liens and a copy thereof shall be forthwith forwarded to the
owner by certified mail. If the total of the credits exceeds the costs,
the balance remaining shall be deposited in the Superior Court by
the Construction Official, shall be secured in a manner as may be
directed by such Court and shall be disbursed according to the order
or judgment of the Court to the persons found to be entitled thereto
by final order or judgment of such Court; provided that nothing in
this section shall be construed to impair or limit in any way the
power of the Borough to define and declare nuisances and to cause
their removal or abatement, by summary proceedings or otherwise. Any
owner or party in interest may, within sixty (60) days from the date
of the filing of the lien certificate, proceed in a summary manner
in the Superior Court to contest the reasonableness of the amount
or the accuracy of the costs set forth in the municipal lien certificate.
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[1972 Code § 14-2.13]
Complaints or orders issued by the Construction Official pursuant
to this section shall be served upon persons either personally or
by certified mail, but if the whereabouts of the person is unknown
and the same cannot be ascertained by the Construction Official in
the exercise of reasonable diligence, and the Construction Official
shall make an affidavit to that affect, then the serving of the complaint
or order upon the persons may be made by publishing the same once
each week for two (2) consecutive weeks in a newspaper having circulation
in the Borough. A copy of such complaint or order shall be posted
in a conspicuous place on the premises affected by the complaint or
order, and a copy of the complaint or order shall be duly recorded
or lodged for record with the County Recording Officer.
[1972 Code § 14-2.14]
The Construction Official is hereby authorized and empowered
to exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this section, including
the following, in addition to others herein granted.
a.
To investigate the dwelling conditions in the borough in order to
determine which dwellings therein are unfit for human habitation.
b.
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examination; provided
that entries shall be made in such manner as to cause the least possible
inconvenience to the persons in possession.
d.
To delegate, with the consent and approval of the Mayor, any of his
functions and powers under this section to such officers and agents
as he may designate.
[1972 Code § 14-2.15]
No person shall occupy as owner or occupant, or rent to another
for occupancy, any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the New Jersey
State Housing Code established hereby as the standard to be used in
determining whether a dwelling is safe, sanitary and fit for human
habitation.
[1972 Code § 14-2.16; New]
The owner of any building located within the limits of the Borough
who desires to or is ordered to demolish the same shall first obtain
a permit for that purpose from the Construction Official and shall
pay a fee as set forth in this chapter for each building or structure
to be demolished. The fee shall be paid prior to the issuance of any
such permit. A permit shall be required, but no fee payable, for demolishing
any structure less than one hundred fifty (150) square feet in area.
Demolition under any such permit must be completed within thirty (30)
days of the issuance of the permit.
[Ord. No. 06-05 § 1; Ord. No. 11-14 § 1; Ord. No. 2017-14 §§ 1, 2]
As used herein, the following words shall have the following
meanings:
shall mean the open, non-habitable space between the ceiling
beams of the top habitable story and the roof rafters in any building.
Habitable and non-habitable space is determined through use of State
floor-to-ceiling height regulations.
shall mean a story partly underground and having more than
one-half (1/2) of its clear height below the finished grade. A basement
shall not be considered a story for purposes of height measurement
in determining the permissible number of stories when used solely
for incidental or accessory storage or for the housing of mechanical
equipment, to include a hot-water heater and furnace, for a washer,
dryer, recreation room and a bathroom, either partial or full.
shall mean any enclosed space which contains a bathtub and/or
shower, a lavatory and/or a sink or fixtures serving similar purposes.
shall mean any enclosed space which contains a lavatory and
a sink or fixtures serving a similar purpose.
shall mean an inspection conducted to determine a unit's
compliance with the housing standards of the Borough of Woodland Park.
shall mean any room or group of rooms located within a building
or portion thereof, forming a single habitable unit with facilities
that are used, designed or arranged to be used for living, sleeping,
cooking and sanitary facilities.
shall mean a married couple, their children (natural or adopted)
and the mother and/or father of the married couple; a single person,
his or her children (natural or adopted) and his or her mother and/or
father; the legal guardian(s) and his/her or their children; and the
mother and/or father of the legal guardian(s); the foster parent(s)
and his/her or their children, and the mother and/or father of the
foster parent(s); or two individuals whose relationship is of a permanent
and domestic character, their children (natural or adopted) and the
mother and/or father of either or both individuals.
[Ord. No. 2017-14 § 1]
shall mean a dwelling unit:
shall mean any space containing any of the following: plumbing
fixtures such as sinks and wet bars, any counter tops, cabinets, microwave
oven, stove or hot plates.
[Ord. No. 2017-14 § 2]
shall mean the holder or holders of the title to the premises
in fee simple or having charge, care or control of the premises, as
owner, agent of the owner or as executor or mortgagee in possession,
regardless of how such possession was obtained.
shall mean any person residing with the consent of the owner
in an apartment or unit of housing space.
[Ord. No. 06-05 § 2; Ord. No. 11-14 § 2]
a.
Any one of the following shall constitute an "illegal" apartment
or dwelling unit:
1.
An apartment or dwelling unit which exceeds the legal dwelling/occupancy
units that are on record with the Borough's Code Enforcement Official;
2.
An apartment or dwelling unit which would exceed the number of units
permitted under the Zoning Ordinance or any approvals granted by a
land use agency of the Borough of Woodland Park;
3.
An apartment or dwelling unit which fails to meet the requirements
of any regulation affecting health, safety or welfare of the general
public;
4.
An apartment or dwelling unit which the owner has permitted occupancy
thereof without obtaining the required plumbing, electrical and building
permits.
[Ord. No. 06-05 § 3; Ord. No. 11-14 § 3]
a.
Unapproved occupancies of attics are prohibited.
b.
Any residential attic used for any purpose other than incidental
storage must meet the following criteria:
1.
Under no circumstances shall a bathroom be permitted in the attic,
whether partial or full, after enactment of this section;
2.
There shall be no kitchen or any semblance of same (i.e. hotplate,
refrigerator, food cabinets, sink …);
3.
Except for required fire exits, access to the attic or basement shall
be through the dwelling unit;
4.
Under no circumstances shall the attic be offered as a separate dwelling
unit, rooming unit or independent rooming unit;
5.
An attic must be an integral part of the dwelling unit and shall
not be leased to any party that does not have full access and rights
to the dwelling unit.
[Ord. No. 06-05 § 4; Ord. No. 11-14 § 4; Ord. No. 2017-14 §§ 3, 4]
a.
Any residential cellar or basement used for living space must meet
the following criteria:
1.
Except for required fire exits, access to the cellar or basement
shall be through the dwelling unit;
2.
A cellar or basement must be an integral part of the dwelling unit
and shall not be leased to any party that does not have full access
and rights to the dwelling unit;
3.
A full or partial bathroom shall be permitted, provided the primary
access to same is through the existing dwelling unit.
b.
Room Usage:
1.
Basements in all zones shall be open and undivided except for utility
rooms, laundry rooms and incidental storage rooms.
2.
Kitchen, wet bars or cooking facilities shall not be permitted in
any basement which contains bathroom facilities, separate rooms or
entrances from the exterior.
3.
Bathroom facilities shall not be permitted in any basement which
also contains cooking facilities, entrances from the exterior or separate
rooms.
[Ord. No. 2017-14 § 3]
[Ord. No. 06-05 § 5; Ord. No. 11-14 § 5]
a.
Any tenant who receives a notice of eviction resulting from zoning
or code enforcement activity for an illegal occupancy, shall be considered
a displaced person and shall be entitled to relocation assistance
paid by the landlord in an amount equal to six (6) times the monthly
rent.
b.
The owner of the structure shall be liable for the payment of relocation
assistance pursuant to this section, and shall make payments for assistance
directly to the displaced tenant.
c.
In addition to paying damages, as set forth in this section, the
owner of the real property shall also return to the displaced person
any security deposit, together with interest, plus any rental payment
required to be apportioned upon notification by the enforcement official
that the illegal apartment or dwelling unit must be vacated.
[Ord. No. 06-05 § 6; Ord. No. 11-14 § 6; Ord. No. 2017-14 § 5]
a.
In addition to eviction and relocation expenses, as outlined in subsection 17-7.5 of this section, any person who violates this section shall be subject to the following fines:
1.
For the first offense, a mandatory fine of one thousand five hundred
($1,500.00) dollars shall be imposed;
2.
For the second offense, a mandatory fine of five thousand ($5,000.00)
dollars shall be imposed;
3.
For the third offense and all subsequent offenses, a mandatory fine
of eight thousand ($8,000.00) dollars shall be imposed or imprisonment
for a term not to exceed ninety (90) days, or both.
b.
For purposes of determining violations under this section, each and
every day of continued rental or occupancy shall be deemed a separate
and distinct violation.
c.
The provisions of this section shall be enforced by all members of
the Borough of Woodland Park Police Department, the Construction Code
Official, the Code Enforcement Official and/or the Housing Officer
of the Borough of Woodland Park.
d.
Violations. Any person found guilty of renting or allowing the use
of an illegal apartment which was constructed without permits shall
remove said construction by permit to satisfaction of the Code Enforcement
Officer.
[Ord. No. 2017-14 § 5]
[Ord. No. 14-14; amended 12-21-2022 by Ord. No.
22-23]
This section is adopted pursuant to the authority established
within the Borough of Woodland Park, pursuant to N.J.S.A. 59: 1-1,
et seq.
[Ord. No. 14-14; amended 12-21-2022 by Ord. No.
22-23]
As used herein, the following words shall have the following
meanings:
shall mean a certificate filed with the Zoning Officer of
the Borough of Woodland Park, or his designee, certifying the occupants
and location of a dwelling unit — for purposes of Residential
Occupancy. As such, no residential premises may be changed in tenancy,
use or ownership — unless a Certificate of Occupancy has been
issued by the Code Enforcement Officer.
shall mean an inspection conducted to determine compliance
with the Code of the Borough of Woodland Park: Smoke Detectors, Woodland
Park Housing Standards and Zoning Standards.
shall mean as defined herein and the Borough Code.
[Ord. No. 14-14; Ord. No. 2017-20; amended 12-21-2022 by Ord. No.
22-23]
Every owner of a residential unit(s) within the Borough of Woodland
Park, who intends to lease or rent the said unit(s), must file with
the Zoning Officer of the Borough of Woodland Park, or his designee,
a Dwelling Certificate on a form prescribed by the Borough of Woodland
Park - within the time parameter set forth in this chapter. At that
time, the owner will be required to certify to the truthfulness of
the information submitted therein.
a.
Every owner shall file a dwelling certificate upon the change of
occupancy for a residential unit - either by sale or tenancy - prior
to the occurrence of the said change in title or residency. In addition,
where a new owner takes possession of a residential unit(s), that
new owner must also file a Dwelling Certificate, for the existing
tenant(s) at that property.
b.
Every new owner shall file a Dwelling Certificate not more than 30
Days immediately prior to any conveyance of title of a one- or two-unit
dwelling. As such, the prospective owner must start this process with
the Code Enforcement Official as soon as reasonably possible, to insure
compliance with this section.
c.
This section also requires that:
1.
When ownership changes, and/or
2.
An owner registers a new tenant(s), that the owner will provide to
the Code Enforcement Official the identities of all people (adults
and children) who will occupy the premises. Additionally, the owner
and the prime tenant will certify to the truthfulness of the information
submitted by signing the Dwelling Certification(s); and all related
information requests.
d.
Enforcing Authority. The Administrative and enforcing authority for
the provisions of this section will be the Construction Code Official
for the Borough of Woodland Park. All violations of this section will
be prosecuted by the Woodland Park Municipal Court.
e.
Standards. This section shall constitute the standards to guide the
Construction Code Official in determining the fitness of any dwelling,
dwelling unit, or premises which is used for residential purposes.
f.
This Certificate of Occupancy Ordinance is applicable to the sale
of all residential homes in the Borough of Woodland Park which shall
include but not be limited to, multi-family dwellings. It will be
the obligation of the purchaser of a home (property) in Woodland Park,
to make contact with the Construction Code Official's Office
to schedule an inspection(s) and fill out applications for the Certificate
of Occupancy Ordinance (and related forms).
[Ord. No. 14-14; amended 12-21-2022 by Ord. No.
22-23]
In addition, this section will apply to all rental units within
the Borough of Woodland Park. As such, it will be the obligation of
the owner (either existing or prospective)/landlord, to have communication
with the Borough Construction Code Official's Office prior to
leasing or taking possession of premises, in order to be certain that
a Certificate of Occupancy is issued to the proper parties and filed
with the Code Official's Office.
[Ord. No. 14-14; amended 12-21-2022 by Ord. No.
22-23]
If there are problems or issues with regard to remedying defects
in the subject premises, the Construction Code Official will be allowed
to issue a Temporary Certificate of Occupancy (T.C.O.) for 90 days,
within his or her discretion - provided there are no public safety
issues at the said premises
Specifically, this provision is provided to insure that the
parties will make all necessary repairs and/or remediations that are
required to make the said premises habitable in accordance with the
Borough's Codes and Regulations.
[Ord. No. 14-14; amended 12-21-2022 by Ord. No.
22-23]
The purchaser of residential premises in Woodland Park will
be obligated to present to the Building Inspector proof of their intent
to purchase or rent the said property. This proof can be in the form
of a Contract or Memorandum of Understanding to purchase or rent the
said premises, prior to applying for a Certificate of Occupancy. In
addition, for purposes of public safety, the actual purchaser of the
said premises will be required to place their photo I.D. on record
with the Building Code Official and will be designated as the contact
person for the said premises. It is also the obligation of the contact
person to provide the names of all individuals who will be living
in the said premises. This provision of this ordinance also applies
to instances where a property is purchased and there are existing
tenancies. As such, in this instance - the purchaser of property who
has existing tenancies - will also have to abide by this provision
of this section, and provide the Photo I.D. for the existing prime
tenant and the identity of all inhabitants of the said premises.
Additionally, if the purchaser of property within the Borough
of Woodland Park is a corporation - the corporation must provide the
identity of the president of the corporation and a copy of his or
her Photo I.D. Likewise, if the purchaser of property will be utilizing
a management company to conduct its affairs within the Borough of
Woodland Park, the management's agent who will be handling the
said property will be required to act as the contact person and post
their Photo I.D. with the Code Official's Office.
[Ord. No. 14-14; amended 12-21-2022 by Ord. No.
22-23]
a.
Costs. The costs to conduct the inspection for residential units
within the Borough of Woodland Park will be as follows:
1.
For an inspection of an individual apartment, which is contained
in a single family or two-family unit, the cost will be fifty ($50.00)
dollars;
2.
For an inspection of a home that is a single family or two-family
unit, i.e.: for purposes of a sale/change of ownership, the cost will
be one hundred ($100.00) dollars; and
3.
For an inspection of apartment units in a building which contains
more than two residential units, the cost will be fifty ($50.00) dollars
per unit.
4.
Inspections. The Code Enforcement Officer is hereby authorized to
conduct inspections of residential premises upon receipt of an application
advising of a pending change in tenancy, use or ownership.
[Ord. No. 14-14; amended 12-21-2022 by Ord. No.
22-23]
The Code Enforcement Official shall, within ten (10) business
days after receipt of a written application for a Certificate of Occupancy,
either issue said certificate provided that the inspections reveal
that the residential premises complies with the requirements contained
herein; or in the event of non-compliance, notify the applicant as
to the reason(s) why the residential premises failed the inspection.
The Code Enforcement Officer will then advise the applicant of what
remedial action must be taken to correct the said condition(s). Thereafter,
if the applicant makes good faith progress in remedying all deficiencies,
the Code Enforcement Officer may decide whether or not to issue a
Temporary Certificate of Occupancy.
[Ord. No. 14-14; amended 12-21-2022 by Ord. No.
22-23]
The Borough of Woodland Park does not guaranty to the purchaser,
mortgagor, mortgagee or lessee, that the residential premises inspected
is free from latent or patent defects; nor is the Borough liable for
damage or injury caused to any person as a result thereof, if any
violation is not reported in the inspection report, nor is the Borough
liable for any damages, claim or injuries to property which is the
subject of inspection.
[Ord. No. 14-14; amended 6-16-2021 by Ord. No. 21-12; 12-21-2022 by Ord. No. 22-23]
This portion of this section is being enacted to provide an
update to the infrastructure of the Borough of Woodland Park's
Water System and to insure that safety requirements are adhered to.
As such, it will be the obligation of all property owners who intend
to have a Certificate of Occupancy issued for the sale of, or rental
of their property, to be certain that the water meter(s) contained
on the premises shall have remote meter reading applications, at the
property owners own expense. This provision of this section requires
all property owners (existing or prospective) to provide that remote
meter reading equipment is installed on their property at the current
cost of the meter. This provision is in accordance with the upgrade
of the water infrastructure for the Borough of Woodland Park and Public
Safety. With regard to these water issues, property owners (existing
and prospective) will have to coordinate with the Director of the
Department of Public Works regarding all issues for the changing of
water meters, pricing, and scheduling to conduct the change-over of
water meters. There will be a separate and distinct form that property
owners (existing and prospective) will be required to obtain from
the Director of the D.P.W. to demonstrate compliance with this aspect
of the ordinance, which must be presented to the Code Enforcement
Official's Office before a Certificate of Occupancy can be granted.
The Director of the D.P.W. will have the discretion to coordinate
with property owners for the appropriate time parameter to accomplish
the change in the water meter from manual reading to remote reading.
In the event that there is an issue with regard this process, such
as the water meter not being available or crews not being available
to accomplish the work - the property owner (existing or prospective)
will be required to deposit monies with the Borough's Water Department
(In Escrow) to cover the cost for the said project - until the time
that the project can be completed. In the meantime, the owner of the
said property (existing or prospective) will be able to obtain a Temporary
Certificate of Occupancy, provided all of the required is filed with
the Director of the D.P.W. and the Code Enforcement Official's
Office.
[Ord. No. 14-14; amended 12-21-2022 by Ord. No.
22-23]
Any person who violates any provision of this section, which
shall include but not be limited to: corporate entities, shall - upon
conviction, be punishable by a fine of up to:
a.
Five hundred ($500.00) dollars for the first offense;
b.
One thousand ($1,000.00) dollars for the second offense; and
c.
Two thousand ($2,000.00) dollars for the third offense and any offense
thereafter.
|
These penalties apply to violations of the Certificate of Occupancy
and Water Meter Provisions of this section.
|
[Ord. No. 14-14; amended 12-21-2022 by Ord. No.
22-23]
This section may be enforced by any properly qualified New Jersey
Code Enforcement Officer, who is employed by the Borough of Woodland
Park.
[Added 9-1-2021 by Ord.
No. 21-16]
As used in this section, the following terms shall have the
following meanings:
Any form of solicitation, promotion and communication for
marketing, used to solicit, encourage, persuade or manipulate viewers,
readers or listeners into contracting for goods and/or services in
violation of this section, as same may be viewed through various media
including but not limited to, newspapers, magazines, flyers, handbills,
pamphlets, commercials, radio, direct mail, internet websites, or
text or other electronic messages for the purpose of establishing
occupancies or uses of rental property, for Consideration, which are
prohibited by this section.
Soliciting, charging, demanding, receiving or accepting any
legally recognized form of consideration including a promise or benefit,
a quid-pro-quo, rent, fees, other form of payment, or thing of value.
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied in whole or in part, or intended, arranged or designed
to be occupied, for sleeping, dwelling, cooking, gathering and/or
entertaining, as a residential occupancy, by one or more persons.
This definition includes an apartment, condominium, building, cooperative,
converted space, or portions thereof, that is offered to use, made
available for use or is used for accommodations, lodging, cooking,
sleeping, gathering and/or entertaining of occupants and/or guest(s).
Constitutes a family-type situation, involving one or more
persons, living together that exhibit the kind of stability, permanency
and functional lifestyle equivalent to that of a traditional family
unit, as further described in the applicable reported and unreported
decisions of the New Jersey Superior Court.
Any individual using, inhabiting, living, gathering, entertaining,
being entertained, as a guest, or sleeping in a dwelling unit or portion
thereof, or having other permission or possessory right(s) within
a dwelling unit.
Any person(s) or entity(ies), association, limited liability
company, corporation, or partnership, or any combination, who legally
use possess, own, lease, sublease, or license (including an operator,
principal, shareholder, director, agent, or employee, individually
or collectively) that has care, control, or participates in the expenses
and/or profit of a dwelling unit pursuant to a written or unwritten
agreement, rental, lease, license, use, occupancy agreement or any
other agreement.
An individual, firm, corporation, association, partnership,
limited liability company, association, entity, and any person(s)
and/or entity(ies) acting in concert or any combination therewith.
The use of a dwelling unit by an occupant(s).
[Added 9-1-2021 by Ord.
No. 21-16]
a.
Notwithstanding anything to the contrary contained in the Borough
Code, it shall be unlawful for an owner, lessor, sub-lessor, any other
person(s) or entity(ies) with possessory or use right(s) in a dwelling
unit, their principals, partners or shareholders, or their agents,
employees, representatives and other person(s) or entity(ies), acting
in concert or a combination thereof, to receive or obtain actual or
anticipated consideration for soliciting, advertising, offering, and/or
permitting, allowing, or failing to discontinue the use or occupancy
of any dwelling unit, as defined herein, for a period of 90 days or
less.
This shall apply to amenities of the dwelling unit or property
including, but not limited to swimming pools, saunas, yards, garages,
gazebos, outdoor kitchens and outdoor bars.
b.
Nothing in this section will prevent formation of an otherwise lawful
occupancy of a dwelling unit for a rental period of more than 90 days.
[Added 9-1-2021 by Ord.
No. 21-16]
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 90 days or less by any person
who is a member of the housekeeping unit of the owner, without consideration,
such as house guests, is permitted.
[Added 9-1-2021 by Ord.
No. 21-16]
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this section.
[Added 9-1-2021 by Ord.
No. 21-16]
a.
The provisions of this section shall be enforced by the Building
Code Official, Fire Official, Health Department, other Subcode or
Code Official, as their jurisdiction may arise, including legal counsel
for the Borough or other persons designated by the Board of Commissioners,
to issue municipal civil infractions directing alleged violators of
this section and/or to appear in court or file civil complaints.
b.
A violation of this section is hereby declared to be a public nuisance,
a nuisance per se, and is hereby further found and declared to be
offensive to the public health, safety and welfare.
c.
Any person found to have violated any provision of this section,
without regard to intent or knowledge, shall be liable for the maximum
civil penalty, upon adjudicated violation or admission, of a fine
not exceeding $1,250. Each day of such violation shall be a new and
separate violation of this section.
d.
The penalty imposed herein shall be in addition to any and all other
remedies that may accrue under any other law, including, but not limited
to, eviction proceedings and/or injunction, reasonable attorney's
fees or other fees and costs, in the Borough's Municipal Court
or the Superior Court of New Jersey in the vicinage of Passaic County,
or in such other Court or tribunal of competent jurisdiction, by either
summary disposition or by zoning or construction code municipal proceeding.
[1972 Code § 18-3.1]
As used in this section:
shall mean and include all houses and dwellings, stores and
business places, and other buildings, which shall front upon any street
in the Borough.
[1972 Code § 18-3.2]
The Engineer shall plot upon the tax maps of the Borough all
of the properties which now or shall hereafter front upon any street
and designate and assign a number therefor in compliance with the
numbering system prescribed in subsection 24-3.3.
[1972 Code § 18-3.3]
a.
All even numbers shall be on the northerly and westerly side of the
streets. All odd numbers shall be on the easterly and southerly side
of the streets.
b.
On all streets running north and south the numbers shall begin at
the southerly end and run north. On all streets running east and west,
the numbering shall begin at the westerly end and run east.
c.
This section shall not apply to any streets which have heretofore
been numbered on the Borough's records by the Engineer and which are
contrary to the provisions of paragraphs a. and b. of this subsection.
[1972 Code § 18-3.4]
All buildings now or hereafter erected within the Borough shall
bear, in figures, the street number assigned to the building on the
tax maps of the Borough. The figure shall be displayed by the owner
or occupant on the front of the building in numerals at least three
(3) inches in height, at or near the front entrance to building and
so located as to be visible to persons passing by the building or
premises on the abutting street.
[1972 Code § 18-3.5]
The Engineer upon completion of the plotting upon the tax maps
of the Borough of the numbers assigned to all lots and buildings on
any particular street shall file a copy thereof with the Municipal
Clerk. The Clerk shall, by certified mail or by personal service,
serve upon the owner or occupant of the premises notification of the
number assigned to his building or lot. Thereafter the owner shall
be obligated to comply with the requirements of this section within
thirty (30) days after the receipt of the notification.
[1972 Code § 18-3.6]
Upon any subdivision or resubdivision of land in the Borough
resulting in a lot or lots other than those delineated on the map.
The Engineer shall assign a number to each lot resulting from the
subdivision or resubdivision, which shall be in proper numerical sequence
in relation to the number assigned to the other lots fronting on the
same street, and he shall record the new numbers on the map within
ten (10) days of the filing of the approval given for such subdivision
or resubdivision of land.
[1972 Code § 18-3.7]
No subdivision or resubdivision, major or minor, of land requiring
approval by the Planning Board shall be approved by it, unless a number
shall be assigned by the Engineer to each lot for the building erected
or to be erected on it.
[1972 Code § 18-3.8]
No certificate of occupancy shall be issued by the Construction
Official or anyone in his Department for the occupancy of any building
hereinafter erected or enlarged unless the provisions of this section
shall have been complied with.
[Ord. No. 00-10 § I;
previously codified in Code § 22-50.6 and relocated to § 17-12]
a.
Expiration of Permit. See also Code Subsection 17-6.16. When a permit has been issued for the demolition or removal of a structure, said permit shall become invalid if the authorized work is not commenced within thirty (30) days after issuance of the permit, or if the authorized work is not completed within three (3) months after the time of commencing the work.
b.
Regulations. Whenever a structure is demolished or removed the premises
shall be maintained free from all unsafe or hazardous conditions by
the proper regulation of the lot, restoration of established grades
and the erection of all necessary walls and fences in accordance with
the provisions of the appropriate subcodes. If the demolition or removal
was required as part of an approved site plan or variance, then construction
as approved by said site plan or variance shall commence no later
than three (3) months after the demolition and/or removal is completed.
c.
Bond Requirements. Before a demolition or removal permit is issued
the applicant shall file with the Construction Official a bond executed
by the applicant as principal and a surety company licensed to do
business in the State of New Jersey as surety. The amount of the bond
shall be determined by the Construction Official but in no event shall
be less than one thousand ($1,000.00) dollars and shall be conditioned
as follows:
The permittee will complete the work authorized by the permit
in conformity with the terms of the permit and the provisions of this
chapter on or before the date of completion set forth on the permit
and in this chapter.
