[1973 Code § 11-1.1; Ord. No. 03-2016 § 4]
a. Establishment; Composition; Administrator. There is hereby established
in the Borough a State Uniform Construction Code Enforcing Agency
to be known as the Construction Code Enforcement Bureau, 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. Official Positions; Qualifications. Each official position created
in paragraph a. of this subsection shall be filled by a person qualified
for such position pursuant to N.J.S.A. 52:27D-119, et seq., as amended
and N.J.A.C. 5:23. Each position may be filled by an employee of the
Borough or through an Interlocal Agreement with another municipality;
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-119, et seq., and N.J.A.C. 5:23 to hold each such position.
c. Public Business at One (1) Location. The public shall have the right
to do business with the enforcing agency at one (1) office location,
except for emergencies or unavoidable circumstances.
[1973 Code § 11-1.2]
The Essex County Construction Board of Appeals is hereby established
as the Construction Board of Appeals for the Borough.
[1973 Code § 11-1.3; Ord. No. 7-2002; Ord. No. 23-2002; Ord. No. 13-2004; Ord.
No. 8-2009 § I; amended 4-20-2021 by Ord. No. 07-2021; 12-21-2021 by Ord. No. 33-2021]
The fees for construction and related permits shall be paid
before any permit or certificate is issued. The fee to be charged
for a UCC Certificate of Occupancy (CO) shall be in addition to the
construction permit fee and shall be paid and applied for before the
CO is issued.
a. Plan Review Fee. The fee for plan review shall be 20% of the construction
permit fee and shall be paid before the plans are reviewed. The fee
shall be credited toward the fee for the construction permit, but
shall not be refundable in the event a permit is not issued.
b. Building Subcode Fees.
1. New Construction.
(b)
Minimum fee for all use groups: $65.
2. Renovations, Alterations, Repairs.
(a)
For Use Groups R-3 and R-5 only:
(1) First $50,000/per $1,000: $30.
(2) Next $50,000/per $1,000: $25.
(b)
For all other Use Groups, per $1,000: $34.
3. Additions shall be computed on the same basis as new construction
for the added portion.
4. Fees for combination renovations and additions shall be computed
as the sum of the fees of the addition and alteration computed separately.
5. Sheds over 200 square feet: $100.
6. Tent Fees. Tents in excess of 900 square feet or more than 30 feet
in any dimension shall be: $125.
7. Retaining Walls.
(a)
Retaining walls for R-3 and R-5:
(1) Wall surface greater than 550 square feet: $200.
(2) Wall surface less than 550 square feet: $125.
11. Demolition or Removal.
(a)
R-3 and R-5 < 5,000 square feet, 30-foot height: $100.
(b)
All other Use Groups: $300.
12. Sign.
(a)
Per square foot computed on one side only for double-faced signs:
$5.
13. Fence.
(b)
All other Use Groups: $200.
14. Roofing.
(a)
Three or more connected residential structures: $75.
(b)
Commercial: $30 per $1,000 of estimated cost.
15. Temporary Structure (air-supported structures, construction trailers,
etc.): $100.
16. Minimum fee for all use groups: $65.
17. For anything not listed: $65.
18. Plan Review. There shall be a fee of $45 per hour for review of any
amendment or change to a plan that has already been released.
c. Plumbing Subcode Fees.
1. First fixture connected to the plumbing system, except those listed
in subparagraph 3: $65.
2. Each additional application connected to the plumbing system, except
those listed in subparagraph 3: $15.
3. Per special device listed below but not limited to: $85.
(a)
Grease Traps, Oil Separators, Interceptors, Refrigeration Units,
Backflow Preventers equipped with test ports (double check valve assembly,
reduced pressure zone and pressure vacuum breaker backflow preventers),
Steam Boilers, Hot Water Boilers, Gas Piping/Service Connection, Active
Solar Systems, Sewer Pumps, Fuel Oil Piping, Sewer Connection, Water
Service Connection, Interceptors and Vent Stacks, HVAC, Mini Splits,
Generator, Air Handler, Oil Tank, Fireplace, Water Heater, Chimney
Liner.
4. Minimum fee All Use Groups: $65.
5. For anything not listed: $65.
d. Electrical Subcode Fees.
1. Receptacles, Fixtures, Switches, Detectors, Etc.:
2. Motors, Transformers, Generators and Electrical Devices.
(a)
1 hp or 1 kW to 10 hp or 10 kW: $20.
(b)
Greater than 10 hp or 10 kW to 50 hp or 50 kW: $75.
(c)
Greater than 50 hp or 50 kW to 100 hp or 100 kW: $150.
(d)
Greater than 100 hp or 100 kW: $600.
3. Additional Devices Listed Below: $15.
(a)
For each storable pool or hydro massage bath tub; for each underwater
lighting fixture; for household electric cooking equipment rated up
to 16 kW; for each fire, security or burglar alarm control unit; for
each receptacle rated from 30 amps to 50 amps; for each light-standard
greater than eight feet in height including luminaries; and for each
communication closet.
4. Service Panels, Entrances and Subpanels.
(b)
226 amps to 1,000 amps: $150.
(c)
Greater than 1,000 amps: $600.
5. Solar Photovoltaic Systems:
(a)
One to 50 kilowatts: $75.
(b)
Fifty-one to 100 kilowatts: $150.
(c)
Greater than 100 kilowatts: $600.
6. Permanently Installed Private Swimming Pool, Spa, Hot Tub or Fountains:
$75.
(a)
Shall include required bonding and associated equipment such
as filter pumps, motors, disconnecting means, switches, required receptacles
and heaters, etc., excepting panelboards and underwater lighting fixtures.
(b)
For public swimming pools the fee shall be charged as per N.J.A.C.
5:23-4.20(c)iii(1) through (5).
7. Minimum fee all use groups: $65.
8. For anything not listed: $65.
e. Fire Subcode Fees.
1. Sprinkler Systems, Wet or Dry Heads:
(f)
Over 1,000 heads: $1,350.
2. Alarm, Signaling and Supervisory Devices.
(b)
Each additional 25 devices: $75.
3. Pre-Engineered Systems: $150.
4. Each Standpipe with Riser: $300.
5. Commercial Kitchen Exhaust System: $250.
6. Smoke Control Systems: $200.
7. Gas, Oil or Wood Fired Appliance Including Furnaces, Boilers or Fireplaces:
$75.
8. Solar Photovoltaic Systems: $65.
9. Minimum Fee: All Use Groups: $65.
10. For anything not listed: $65.
f. Mechanical.
1. Minimum mechanical fee: $85.
3. Fuel Oil Piping connections: $85.
4. Gas Piping Connections: $85.
g. Elevators or Escalator Fees.
1. When the State acts as the local enforcing agency, all fees shall
be assessed pursuant to N.J.A.C. 5:23-12.6.
h. Tank Fees.
1. Fuel Storage Tank Installation:
(b)
1,000-1,999 gallons: $100.
(c)
2,000-5,000 gallons: $150.
(d)
Over 5,000 gallons: $225.
2. Fuel Storage Tank Removal or Abandonment.
(a)
R-3 and R-5, per tank: $75.
(b)
All other Use Groups, per tank: $200.
i. Certificate Fees.
1. UCC Certificate of Occupancy.
(a)
New construction, commercial: 10% of the building permit fee,
with minimum of: $100.
(b)
New construction, residential: $100.
(c)
Multiple Certificate of Occupancy: $100 for the first certificate
of occupancy and $75 for each additional unit.
(d)
Additions.
(2)
All other Use Groups: $200.
(e)
Temporary Certificate of Occupancy: $100.
2. Non UCC Certificate of Continued Occupancy and Non UCC Temporary
Certificate of Occupancy, payment due at application submittal.
(a)
Residential (R-3 and R-5) Resale Only: $200.
(b)
All other (R-3 and R-5) Rental Only: $100.
(c)
All other Use Groups:
(1)
First 5,000 square feet: $300.
(2)
5,001 square feet through 20,000 square feet: $750.
(3)
Over 20,001 square feet: $1,250.
j. Variation Fees. The fee for an application in accordance with N.J.A.C.
5:23-2.10 shall be:
1.
|
Class I structure
|
$748
|
Resubmission
|
$300
|
2.
|
Class II structure
|
$155
|
Resubmission
|
$85
|
3.
|
Class III structure
|
$155
|
Resubmission
|
$85
|
k. Training Fees.
1. Minimum Permit Surcharge Fee: $1 for all permits.
2. New Building and Additions: $0.00371 per cubic foot of volume.
3. All other construction: $0.0019 per $1 of value for alteration construction.
Note: Other Fees: Any fees not referenced in this subsection,
refer to the Uniform Construction Code N.J.A.C. 5:23-4.19 for the
applicable fees.
Notwithstanding the above schedule of fees, a third-party agency
fee, any fees herein omitted from the above schedule, and any upgraded
fees adopted pursuant to P.L. 1975 c. 217, the Uniform Construction
Code Act (N.J.S.A. 52:27D-199 et seq.) promulgated by the Commissioner
of the Department of Community Affairs, shall be adjusted to conform
to the fee schedule of the Department of Community Affairs. Whenever
the Borough of Roseland shall contract with private on-site inspection
and plan review agencies to administer a subcode(s), a surcharge of
15% shall be added to the relevant subcode(s) permit fee(s). The surcharge
shall apply only to subcode areas for which the municipality has a
contract with the on-site agency.
[1973 Code § 11-1.4]
Any person who shall make application to the Borough for any
permit including, but not limited to, building permit, demolition
permit or street opening permit, which shall come under the jurisdiction
of the Construction Official, shall be required to post with the Construction
Official a certificate of insurance as a condition to the issuance
of such permit.
The insurance certificate as required herein shall be issued
by a duly licensed carrier authorized to do business in the State
of New Jersey and shall provide for both property damage and bodily
injury in such amounts as may be required by the Borough which amounts
shall be set, modified and/or amended from time to time by resolution
of the Borough Council.
[1973 Code § 11-1.5]
The Construction Official shall, with the advice of the subcode
officials, prepare and submit to the Borough Council biannually, a
report recommending a fee schedule based on the operating expenses
of the agency, and any other expenses of the Borough fairly attributable
to the enforcement of the State Uniform Construction Code Act.
[1973 Code § 11-1.6]
The 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,
such report shall be for the third and fourth quarters only.
[1973 Code § 11-1.7]
Any construction contracted for or conducted by the Borough of Roseland within its boundaries shall be exempt from construction permit surcharge fees as set forth in the State Uniform Construction Code Act, N.J.S.A. 52:27D-119, or as provided in subsection
10-1.3 or
10-1.6, and shall not be charged to the Borough in accordance with N.J.S.A. 52:27D-130.1.
[Amended in its entirety 12-19-2023 by Ord. No. 39-2023. History includes 1973 Code § 11-4; Ord. No. 26-2006; Ord. No. 5-2015; Ord. No. 07-2021.]
[Amended 12-19-2023 by Ord. No. 39-2023]
a. No building constructed, erected, altered, converted, or in any way
changed, except for minor revisions, shall be occupied or used in
whole or in part for any use whatsoever, and no change of use of any
building or any part shall be made until a certificate of occupancy
shall have been issued by the Construction Official. A certificate
of occupancy shall be issued after the Construction Official has determined
that all applicable codes and ordinances administered and enforced
by the Borough of Roseland have been complied with.
b. For each and every violation of this section, the Construction Official
may issue a notice of violation, for which the penalty shall not exceed
five hundred ($500.00) dollars per week per building or structure
to the owner or to any other person, or persons interested as lessees,
tenants or otherwise in any building, land or premises, where such
violation has been committed or shall exist.
c. The certificate of occupancy shall evidence only that a general inspection
of the visible parts of the building has been made, and that no violations
of N.J.A.C. 5:23-2.14 have been determined to have occurred and no
unsafe conditions violative of N.J.A.C. 5:23-2.32(a) have been found.
[Added 12-19-2023 by Ord. No. 39-2023]
a. No owner, agent, or any person or entity, shall rent, lease, sell,
transfer ownership, or in any way deliver up for use, change of use,
or occupancy any business, building, dwelling unit, lodging unit,
rooming unit, or boarding unit, until a Certificate of Continued Occupancy
has been issued by the Code Enforcement Officer. A Certificate of
Continued Occupancy shall be issued after the Construction Official
has determined that all applicable codes and ordinances administered
and enforced by the Borough of Roseland have been complied with.
b. A Certificate of Continued Occupancy shall not be issued until an
inspection and/or test of all smoke detection devices, carbon monoxide
devices, explosive gas alarms, and fire extinguishers within the building
or structure shall have been performed by the Code Enforcement Officer,
or another Borough Official as may be designated by the Borough Administrator,
and such official has determined that all applicable codes and ordinances
administered and enforced by the Borough of Roseland have been complied
with. Furthermore, all of the smoke detection devices, carbon monoxide
devices, explosive gas alarms, and fire extinguishers that have been
installed inside the premises shall be determined to be listed by
a product certification agency recognized by the New Jersey Division
of Codes and Standards.
c. The Certificate of Continued Occupancy shall evidence only that a
general inspection of the visible parts of the building has been made,
and that no violations of N.J.A.C. 5:23-2.14 have been determined
to have occurred. Issuance of a certificate of continued occupancy
does not constitute a safety inspection as provided for in N.J.A.C.
5:23-2.32(a), and no implication with respect to a building or structure's
compliance with N.J.A.C. 5:23-2.32(a) is to be derived from issuance
of a certificate of continued occupancy.
d. A Certificate of Continued Occupancy shall only be issued upon inspection of the property and finding that the use(s) comply with Chapter
30, Article
IV, Zoning, or are valid preexisting non-conforming uses as determined by the Zoning Officer or Board of Adjustment. A separate Certificate of Continued Occupancy shall be required for each and every individual tenant space that exists on a property, including, but not limited, to the occupancy of any business space, building or part thereof, dwelling unit, rooming unit, lodging unit or boarding unit.
e. No Certificate of Continued Occupancy shall be issued for the transfer
of ownership of a residential dwelling until a Final Water Meter Read
has been scheduled with and completed by the Borough of Roseland Water
Department. An inspection for the Certificate of Continued Occupancy
may occur prior to a Final Water Meter Read.
f. No Certificate of Continued Occupancy shall be issued without the
applicant providing the name(s) of the seller, tenant, leasee, and/or
buyer that will assume the occupancy and/or ownership of the space
in question. The Certificate shall indicate:
1. The permitted use and/or tenancy,
2. The occupancy limitations as stipulated in Section 403 of the Property
Maintenance Code that are authorized by said Certificate,
3. The name(s) of the seller, tenant, leasee, and/or buyer, as applicable,
4. Compliance with all sections of this chapter,
5. Compliance with the Borough's Property Maintenance Code.
g. Any use of the property in question or occupancy limitation violations
that takes place on the property, that is not specifically authorized
by the Certificate that is in effect at the time, shall be deemed
an illegal occupancy which is a violation of this section and shall
be subject to an immediate summons.
h. For each and every violation of this section, the Code Enforcement Officer may issue a notice of violation, and/or a penalty as set forth in §
1-5 per building or structure to the owner or to any other person, or persons interested as lessees, tenants or otherwise in any building, land or premises, where such violation has been committed or shall exist.
i. A Temporary Certificate of Continued Occupancy will only be considered
upon receipt of a written request setting forth the reason for the
request and a time schedule setting forth the unfinished items and
when they will be completed. A Temporary Certificate of Continued
Occupancy shall only be issued if all life safety, fire detection
and prevention, and other safety items are determined to be in compliance
with all applicable codes of the Borough of Roseland and the State
of New Jersey.
[Added 12-19-2023 by Ord. No. 39-2023]
The Code Enforcement Officer or any employee charged with the
enforcement of this Chapter, acting in good faith and without malice
in the discharge of his duties, shall not thereby be rendered personally
liable; and is hereby relieved from all personal liability for any
damage that may occur to persons or property as a result of any act
required or by reason of any act or omission in the discharge of his
duties. Any suit brought against the Code Enforcement Officer, or
any employee thereof, because of such act or omission performed during
the duties of the enforcement of any provisions of this Code, shall
be defended by the legal department of the Borough at the Borough's
sole cost and expense, until final termination of the proceedings.
[Amended 12-19-2023 by Ord. No. 39-2023]
The Construction Official may revoke a certificate of occupancy
or a certificate of continued occupancy whenever a condition of a
certificate has been violated. The Code Enforcement Officer may revoke
a Certificate of Continued Occupancy whenever a condition of a certificate
has been violated.
[1973 Code § 11-5.3; Ord. No. 6-2000 § 1]
The owners or any other person or persons interested as leasees,
tenants or otherwise in any building, land or premises, where nonconforming
uses exist as of the effective date of this section, shall have until
six (6) months from the effective date hereof to comply with this
section subject to any extensions of time to be granted at the sole
discretion of the Borough Engineer. Unless compliance shall have been
achieved within six (6) months from the effective date hereof (and
any applicable extensions of time), the owners or any other person
or persons interested as leasees, tenants or otherwise in any building,
land or premises in violation of this section, shall be subject to
the penalties provided for below.
[1973 Code § 11-5.4]
For each and every violation of this section, the Borough Engineer
may issue a notice of violation for which the penalty amount shall
not exceed five hundred ($500.00) dollars per building or structure
to the owner or to any other person or persons interested as leasees,
tenants or otherwise in any building, land or premises, where such
violation has been committed or shall exist. Each day that a violation
of this section shall continue shall be deemed a separate violation,
which may be subject to an additional penalty.
[1973 Code § 13-16.1]
The system of numbering all buildings and lots of land in the
Borough shown on the official Street Number Map which is filed in
the office of the Borough Clerk, providing a number for all buildings
and lots in the Borough is made a part of this chapter, is adopted
and the number shown thereon for each building and lot is assigned
to that building or lot.
[1973 Code § 13-16.4]
No certificate of compliance shall be issued for occupancy of any building hereafter erected or enlarged unless the provisions of subsection
10-6.3 shall have been complied with.
[1973 Code § 13-16.5]
The Construction Official shall enforce the provisions of this
section.
[1973 Code § 13-16.6]
Any person failing to so number any house, building or other
structure occupied by him or, if after receiving notice to do so from
the Borough Clerk or the Construction Official, shall continue in
his failure to so number such house, building or structure shall be
fined one ($1.00) dollar for each day during or on which a failure
to so number continues.
[Ord. No. 1-2014]
Regulations for permanently installed generators in residential districts including zoning and permit requirements may be found at Section
30-403.23.
[Added 11-13-2018 by Ord.
No. 14-2018]
As used in this section, the following terms shall have the
meanings indicated:
AGENT
Shall mean the individual or individuals designated by the
owner as the person(s) authorized by the owner to perform any duty
imposed upon the owner by this section. The term does not necessarily
mean a licensed real estate broker or salesman of the State of New
Jersey, as those terms are defined by N.J.S.A. 45:15-3; however, such
term may include a licensed real estate broker or salesman of the
State of New Jersey if such person designated by the owner as his
agent is so licensed.
APARTMENT or DWELLING
Shall mean any apartment, cottage, bungalow, any room or
rooms in a rooming house/boardinghouse or other dwelling unit, consisting
of one or more rooms occupying all or part of a floor in a building,
whether designed with or without housekeeping facilities for dwelling
purposes and notwithstanding whether the apartment be designed for
residence, for office or the operation of any industry or business
or for any other type of independent use. Each unit shall contain
no more than one kitchen or cooking facility.
DWELLING
Shall mean any building or structure containing housing space
units which are rented or offered for rent for occupancy as living
quarters.
DWELLING UNIT
Shall mean any room or rooms or suite or apartment, including
any room or rooms in a rooming house/boardinghouse, whether furnished
or unfurnished, which is occupied or intended, arranged or designed
to be occupied for sleeping or dwelling purposes by one or more persons,
including but not limited to the owner thereof or any of his servants,
agents or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with use
or occupancy thereof.
HOUSING SPACE
Shall mean that portion of a building rented or offered for
rent for occupancy as living quarters to one or more individuals or
family units, together with all privileges, services, furnishings,
furniture, equipment, facilities, improvements and common areas connected
with the use or occupancy of such portion of the building. Each such
unit shall be called a "housing space unit."
HOUSING SPACE AGREEMENT
Shall mean a lease, or any other agreement, oral, written
or implied, between a landlord and a tenant for the use and occupancy
of housing space.
INITIAL
Shall mean for the first time.
LANDLORD
Shall mean an owner, lessor, sublessor or any other person
or entity entitled to receive rent for the use and occupancy of any
housing space, or an agent or successor of any of the foregoing.
LICENSE
Shall mean the license issued by the Borough Clerk or designee
attesting that the rental unit has been properly registered in accordance
with this section.
LICENSEE
Shall mean the person to whom the license is issued pursuant
to this section. The term "licensee" includes within its definition
the term "agent," where applicable.
MAJOR CAPITAL IMPROVEMENT
Shall mean an addition to dwelling or housing space units
which inures to the benefit of tenants; that was not previously provided
or required to be provided by law or lease; materially adds to the
value of the dwelling or housing space and prolongs its life; and
is not upkeep, maintenance, repairs, rehabilitation or replacement
of items or services.
NOTICE
Shall mean written notice to a tenant which is mailed to
the tenant's residence by certified mail, return receipt requested,
or by registered mail. In the event that no signed receipt is obtained,
then certification by affidavit shall be made that notice to the tenant
was mailed. The affidavit and the receipt for certified mail shall
be retained in the records of the landlord or his representative.
OWNER
Shall mean any person or group of persons, firm, corporation
or officer thereof, partnership, association or trust who owns, operates,
exercises control over or is in charge of a rental facility.
OWNER-OCCUPIED
Shall mean a portion of a rental facility, dwelling, commercial
unit or dwelling unit shall be considered owner-occupied if the owner
makes his primary residence therein. A person may have only one primary
residence in the Borough.
PERSON
Shall mean an individual, firm, corporation, partnership,
association, trust or other legal entity, or any combination thereof.
RENT
Shall mean the consideration, including any bonus, benefits
or gratuity demanded or received for or in connection with the use
of occupancy of housing space or the transfer of a lease of housing
space, including but not limited to moneys demanded or paid for tax
surcharge, parking, pets, the use of furniture, subletting, security
deposits and damage and cleaning deposits, or for any amenities including
but not limited to use of a clubhouse, pool, health club, or gymnasium,
or for any utility that is not separately metered and specific to
a tenant.
RENT or RENTED
Shall mean occupied by any person or persons other than the
owner, regardless of whether there is a written or oral agreement
and regardless of whether the owner receives consideration for the
occupancy.
RENTAL FACILITY
Shall mean every building, group of buildings or a portion
thereof consisting of less than three dwelling units and has sleeping
facilities for less than 25 occupants, kept, used, maintained, advertised
or held out to be a place where living accommodations are supplied,
whether furnished or unfurnished.
RENTAL UNIT
Shall mean a dwelling unit which is available by lease, rental
or otherwise, to persons other than the owner. Rental unit shall not
include that portion of a rental facility or dwelling unit that is
owner-occupied.
SUBSTANTIAL INCREASE IN SERVICE
Shall mean an addition to dwelling or housing space units
that which inures to the benefit of tenants; that was not previously
provided or required to be provided by law or lease; materially adds
to the value of the dwelling or housing space and prolongs its life;
includes substantial increases in services, furniture, furnishings
or equipment provided to tenants since the date of the most recent
rent increase under any section of this section; and is not upkeep,
maintenance, repairs, rehabilitation or replacement of items or services.
TENANCY
Shall mean occupancy of the unit by one or more tenants.
TENANT
Shall mean occupant in a unit, other than the owner, who
is a senior citizen.
VOLUNTARY UNCOERCED VACATION
Includes, but is not limited to, a tenant moving from his
rental space unit with or without notice to landlord, and vacation
of premises pursuant to a judicially mandated eviction.
The Board is hereby granted and shall have and exercise, in
addition to other powers herein expressly granted, all the powers
necessary and appropriate to carry out and execute the purpose of
this section, including but not limited to the following:
a. To issue and promulgate such rules and regulations as it deems necessary
to implement the purposes of this section, which rules and regulations
shall have the force of law until revised, repealed or amended from
time to time by the Board in the exercise of its discretion, provided
that such rules and regulations are filed with the Borough Clerk.
b. To supply information and assistance to landlords and tenants to
help them comply with the provisions of this section.
c. To review complaints from tenants alleging noncompliance and answers
from landlords in response to such tenants, as hereinafter provided,
and to make a determination based upon such complaints and answers.
However, no hearing shall be held in connection herewith, unless the
same is specifically required by the Board upon notice to the parties.
d. To review applications from landlords for capital improvements surcharges,
increased service surcharges and additional rental increases as hereinafter
provided.
e. To hold and conduct hearings, as a quasi-judicial body, and adjudicate
applications from landlords for capital improvements surcharges, increased
service surcharges and additional rental increases. The Board shall
give both landlord and tenant reasonable opportunity to be heard before
making a determination under this section.
f. The Board shall annually review the provisions of this section, particularly §
10-8.10, and shall render to the Borough Council such recommendations for amendment hereof as it deems appropriate to effectuate the purposes of this section.
g. On its own initiative or on the complaint of any tenant moving into vacancy-increased housing space as provided and referred to in §
10-8.2 to hold hearings and to take any other action necessary to determine if the vacancy was voluntary and uncoerced.
h. To impose monetary penalties or impose other relief as set forth in §
10-8.18.
There is hereby created the office of Executive Secretary to
the Rent Review Board to supervise the day-to-day administration of
this section and to handle complaints alleging noncompliance with
any of the provisions of this section and, where appropriate, to schedule
hearings before the Rent Review Board. The Executive Secretary shall
be designated by the Mayor from among the full-time employees of the
Borough, and may serve in the capacity of Executive Secretary to the
Rent Review Board in addition to any other office or position in the
Borough government. Said Executive Secretary shall be required to
appear at all hearings and meetings of the Board, at which time he
or she shall take minutes, shall assist the Board in the preparation
of documents, including resolutions, and shall otherwise assist the
Board.
No landlord shall, after the effective date of this section,
charge any rent in excess of what he was receiving prior to the effective
date of this section except for such increases as were authorized
pursuant to previously effective rent control ordinances as amended
or as may be authorized hereafter under this section.
A landlord whose current rentals are insufficient to provide
a fair return on his investment may apply to the Board for an adequate
return increase to permit a fair, just and reasonable rate of return.
Prior to any such application to the Board, a landlord must post in
the lobby of each dwelling, and if no lobby is present, in a conspicuous
place in or about the dwelling, a notice of said application, setting
forth the basis for such application. Said notice must be posted and
served upon the tenants at least 14 working days prior to the proposed
date of such application.
a. Definitions. As used in this section, the following terms shall have
the meanings indicated:
FAIR NET OPERATING INCOME
Shall mean gross maximized annual income less reasonable
and necessary operating expenses, such expenses not to exceed 60%
of gross maximized annual income.
GROSS MAXIMIZED ANNUAL INCOME
Shall mean all income resulting directly or indirectly from
the operation of such dwelling, including but not limited to all rent
received or collectible, including any rent from a less-than-arm's-length
transaction, the landlords' share of interest on security deposits,
all earnings from commissions, vending machines, deductions from security
deposits, late fees, pet fees, parking fees, pool fees, key charges,
finder's fees, amounts received from successful tax appeals, income
from rebates, capital improvement surcharges, rent surcharges and
hardship surcharges.
REASONABLE AND NECESSARY OPERATING EXPENSES
Shall mean all valid expenses incurred and paid by the landlord
in the operation of such dwelling during the period reflected in income
computed in accordance with the provisions and limitations of this
section.
b. Hardship rental increase.
1. Whenever a landlord shall determine that the reasonable and necessary
operating expenses, as hereinabove defined and herein below set forth,
of a dwelling subject to rent regulation under the terms of this section
are greater than 60% of the gross maximized annual income, as hereinabove
defined, of such dwelling, said landlord may make application to the
Board for an adequate return rental increase.
2. When a landlord shall file an application before the Board for an
adequate return increase pursuant to this section, the Board shall
review said application to determine the eligibility of the landlord
for said adequate return increase pursuant to this section.
3. If the Board is satisfied that the landlord named in said application is eligible for an adequate return rental increase and the facts set forth in said application comply as required in Subsection
10-8.13b2 hereinabove, then the Board shall compute the proper gross maximized annual income by dividing the reasonable and necessary operating expenses contained in the application, as they may be modified by the Board, by 60%, said reasonable and necessary operating expenses being the numerator of the equation and 60% being the denominator. The resulting quotient shall be the new gross maximized annual. The Board shall subtract from the new gross maximized annual income the gross maximized income which was previously received by the landlord applicant and which was set forth in his application to the Board. The resulting remainder shall be prorated to all housing space units within the dwelling covered by the application.
4. The application of the landlord for an adequate return increase shall
include all facts and figures of at least the preceding two years
of income and expenses, all of which shall be duly certified under
oath by the landlord or his agent and shall be supported. At the time
of the application, the landlord shall notify all tenants affected,
in writing, that an application is being made and is available to
any tenants requesting the same. The landlord shall also make available
to the Board all records and books supporting the application. Any
interested tenants or groups of tenants or association of tenants
who wish to be heard at the public meeting may notify the Board of
their intention, and the Board shall permit that tenant, group of
tenants or association of tenants to be parties to the hearing. This
provision shall be liberally construed as to afford ample opportunity
for all interested parties to present their views before the Board.
c. In computing gross maximized annual income under this section, the
following limitations shall apply in all cases:
1. No allowance shall be permitted for a vacancy, except as the same
may be adequately demonstrated to be the result of market conditions
and/or deteriorated physical conditions of the rental space unit,
which the landlord applicant may show unavailable for rental due to
said deteriorated conditions.
2. Income and expenses arising out of a nonresidential use, including
that for professional or commercial space resulting from arm's-length
transactions, shall not be considered.
3. No loss caused by a nonresidential use may be considered.
d. In computing reasonable and necessary operating expenses under this
section, the following limitations shall apply in all cases:
1. Taxes shall be limited to amounts actually paid, including those
in escrow for appeal, and the landlord shall further demonstrate that
taxes assessed against the property were reasonable and, if not, have
been appealed.
2. Repairs and maintenance shall be limited to arm's-length transactions
and shall be reasonable and necessary as not to cause over-maintenance
of the premises. Cost of service contracts shall be prorated over
the period covered. Painting costs shall be prorated for the number
of years of actual painting cycle in the building, but in no event
shall painting be prorated over a period of less than three years
for the interior of rental space units or five years for the exterior
and common areas of the dwelling.
3. Cost of new equipment shall be prorated over its useful life.
4. Legal and auditing expenses shall be limited to reasonable and necessary
costs of the operation of the property. No legal expenses or audit
expenses shall be allowed as a deduction that do not directly result
from the landlord-tenant relationship. A landlord may not deduct expenses
incurred in litigating any declaratory or injunctive relief as to
his rights under any state, local or federal law, except for actions
in the nature of a writ of mandamus. All cost shall be itemized on
the application.
5. Management fees shall be limited to actual services performed, including
the resident manager's salary, telephone expenses, postage, office
supplies, stationery and value of the apartment provided, if included.
6. Salaries not included in management fees shall be limited to actual
services performed and amounts for similar positions in the area,
including rental value, if included in income, and expenses and wages
and benefits paid.
7. Advertising shall be limited to actual costs that are reasonable
to ensure occupancy only. Where waiting lists exist, advertising expenses
shall not be allowed.
8. Utilities, including but not limited to gas, electric, water and
oil, shall derive from arm's-length transactions, and the landlord
shall demonstrate that all reasonable efforts to conserve energy and
fuels have been used.
9. Insurance premiums shall derive from arm's-length transactions and
shall be prorated over the terms of the policies and shall not include
the landlord's life, medical or other personal policies.
10. No penalties, fines, depreciation, interest, mortgage amortization
or mortgage service fees for any reason shall be allowed.
11. The history of the income and expenses shall be consistent with the
application or fully documented as to any changes.
12. The Board may establish a fair value to be considered for labor performed
by the landlord or the landlord's immediate family as an expense for
purposes of this section.
All determinations of the Rent Review Board shall be prospective
in nature only and shall be effective as of the date of the determination
without retroactivity. An application shall not be submitted to amend
or modify a determination of the Board unless more than 12 months
have passed from the date of the determination on the original application.
Any provision of a housing space agreement whereby any provision
of this section is waived shall be deemed against public policy and
shall be void.
A landlord whose dwelling is controlled by the terms of this section shall provide, in a conspicuous place in a common area in the dwelling, a frame eight inches by 10 inches to display the annual notice provided by the Borough. This annual notice will provide the following: Rent Control Ordinance existence; dwelling license; license validation and expiration dates; permissible annual increase; certificate of occupancy requirements for new rentals and any other information required by the Board. Failure by the landlord to comply with this requirement shall result in penalties under §
10-8.18 and/or shall result in a loss of the right to pass any increase permitted under this section.
This section, being necessary for the welfare of the Borough
and its inhabitants, shall be liberally construed to effectuate its
purposes.
Each and every ordinance inconsistent with the provisions of
this section is hereby repealed.
This section shall be known as the "Rent Control Ordinance of
2018."
[Added 11-21-2023 by Ord. No. 33-2023]
[Added 11-21-2023 by Ord. No. 33-2023]
COMMON INTEREST COMMUNITY
Shall mean a real estate development or neighborhood in which
the property is burdened by servitudes requiring property owners to
contribute to maintenance of commonly held property or to pay dues
or assessments to an owners' association that provides services
or facilities to the community.
DUST SWIPE SAMPLING
Shall be a sample collected by wiping a representative surface
and tested in accordance with a method approved by the United States
Department of Housing and Urban Development.
LEAD INSPECTOR
Shall be a person certified by the Department of Community
Affairs to perform lead inspection and risk assessment work pursuant
to N.J.A.C. 5:17-1.1 et seq. This includes the ability to perform
dust wipe sampling and X-Ray Fluorescence testing.
LEAD-BASED PAINT HAZARD
Shall be any condition that causes exposure to lead from
lead-contaminated dust or lead-contaminated paint that is deteriorated
or present in surfaces that would result in adverse human health effects.
LEAD-FREE CERTIFICATION
Shall be a certification which confirms that a lead-based
paint inspection was performed and that no lead-based paint exists
in the dwelling unit or that all lead-based paint hazards have been
fully abated.
LEAD-SAFE CERTIFICATION
Shall be a certification which confirms that a lead-based
paint inspection was performed and no lead-based paint hazards were
found. This certification is valid for two years from the date of
issuance.
TENANT TURNOVER
Shall mean the time at which all existing occupants vacate
a dwelling unit and all new tenants move into the dwelling unit.
VISUAL ASSESSMENT
Shall mean a visual examination for deteriorated paint or
visible surface dust, debris, or residue.
VISUAL ASSESSOR
Shall be a person that is certified to perform a visual assessment.
[Added 11-21-2023 by Ord. No. 33-2023]
New Jersey law (P.L. 2021, c. 182) requires that a certified
lead evaluation contractor perform inspections of certain single-family,
two-family, and multi-family residential rental dwellings for lead-based
paint hazards. The dwelling owners/landlords are required by State
law to have the inspection performed by either an inspector retained
by the Borough or by directly hiring a certified lead evaluation contractor
for this purpose.
a. A lead assessor for the Borough shall inspect every single-family,
two-family, or multiple rental dwelling located in the Borough of
Roseland for lead-based paint hazards through visual assessment in
accordance with N.J.S.A. 52:27D-437.1 et seq., as may be amended from
time to time.
b. In lieu of having the dwelling inspected by the Borough's lead
assessor, the owner, landlord, and/or agent of the dwelling may directly
hire a private lead inspector contractor who is certified by the Department
of Community Affairs to provide lead-based paint inspection services
in accordance with N.J.S.A. 52:27D-437.1 et seq.
[Added 11-21-2023 by Ord. No. 33-2023]
a. All residential dwelling units required to be inspected under State
law must initially be inspected for lead-based paint upon tenant turnover,
but the first inspection must take place no later than July 22, 2024
in the event there has been no tenant turnover before that date.
b. After the initial inspection, all units required to be inspected
shall be inspected for lead-based paint hazards every three years,
or upon tenant turnover, whichever is earlier. An inspection upon
tenant turnover is not required if the owner has a valid lead-safe
certificate. Lead-safe certificates are valid for two years. If the
lead-safe certificate has expired, and there will be a tenant turnover,
an inspection will be necessary before the three-year inspection.
[Added 11-21-2023 by Ord. No. 33-2023]
a. If lead-based paint hazards are identified, then the owner, landlord,
and/or agent of the dwelling shall remediate the lead-based paint
hazard using lead abatement or lead-based control methods in accordance
with N.J.S.A. 52:27D-437.16(d). Upon the remediation of the lead-based
paint hazard, the owner, landlord, and/or agent of the dwelling shall
conduct an additional inspection of the unit to certify that the hazard
no longer exists, and provide a lead-safe or lead fee certificate
to the Borough.
[Added 11-21-2023 by Ord. No. 33-2023]
a. Dwellings that were constructed during or after 1978.
b. Single-family and two-family seasonal rental dwellings which are
rented for less than six-months duration each year by tenants that
do not have consecutive lease renewals.
c. Dwellings that have been certified to be free of lead-based paint
pursuant to N.J.A.C. 5:17-3.16(b).
d. Multiple rental dwellings that have been registered with the Department
of Community Affairs for at least 10 years and have no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the "Hotel and Multiple Dwelling Law"
(N.J.S.A. 55:13A-1).
e. Dwellings with a valid lead-safe certificate issued pursuant to P.L.
2021, c.182. Lead-safe certificates are valid for two years from the
date of issuance.
[Added 11-21-2023 by Ord. No. 33-2023]
a. Owners/landlords of all dwellings subject to the inspection requirements
under this section shall register their unit(s) with the Borough and
provide the Borough with up-to-date information on inspection schedules,
inspection results, and tenant turnover.
b. A copy of all lead-safe certifications issued for property located
in the Borough of Roseland shall be provided to the Borough by the
lead inspector contractor.
c. An owner/landlord shall provide the Borough with a copy of any lead-free
certification issued pursuant to N.J.A.C. 5:17 to their unit(s).
[Added 11-21-2023 by Ord. No. 33-2023]
a. A property owner/landlord within the Borough of Roseland shall comply
with the requirements of P.L.2021, c182 and this section. If a Borough
Official determines that a property owner has failed to comply with
the inspection requirements of this section, the property owner shall
be given a thirty-day notice to cure any violation by ordering the
necessary inspection or by initiating remediation. If the dwelling
owner has not cured the violation within 30 days, the owner shall
be subject to a penalty not to exceed $1,000 per week until the required
inspection has been conducted or remediation efforts initiated.
b. Any other violation of the provision of this section shall be subject
to a fine of not less than $50 nor more than $500 for each offense.
[Added 11-21-2023 by Ord. No. 33-2023]
a. The fee for a visual assessment inspection performed by the Borough's
visual assessor shall be $50 per requested applicable dwelling unit,
and shall be comprised of and include the following items:
1. The fee for the filing of a lead-safe certification or lead-free
certification shall be $30.
2. In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of
$20 per dwelling unit inspected by the Borough's lead assessor
or the owner's private lead inspector shall be assessed for the
purposes of the Lead Hazard Control Assistance Act unless the unit
owner demonstrates that the Department of Community Affairs has already
assessed an additional inspection fee of $20. The fees collected pursuant
to this subsection shall be deposited into the Lead Hazard Control
Assistance Fund.