[1982 Code § 90-1A]
There is hereby established in the Borough of Little Ferry a
State Uniform Construction Code Enforcing Agency, to be known as the
"Borough of Little Ferry State Uniform Construction Code Enforcing
Agency," consisting of a Construction Official, Building Subcode Official,
Plumbing Subcode Official, Electrical Subcode Official, Fire Protection
Subcode Official and such other subcode officials for such additional
subcodes as the Commissioner of the Department of Community Affairs,
State of New Jersey, shall hereafter adopt as part of the State Uniform
Construction Code. The Construction Official shall be the chief administrator
of the Enforcing Agency.
[1982 Code § 90-1B]
Each official position created in subsection
13-1.1 shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 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-119 et seq. and N.J.A.C. 5:23 to hold each position.
[1982 Code § 90-1C]
The public shall have the right to do business with the Enforcing
Agency at one (1) office location, except for emergencies and unforeseen
or unavoidable circumstances.
[1982 Code § 90-2; New]
Appeals from decisions by the Enforcing Agency shall be heard
by the County of Bergen Construction Board of Appeals.
[1982 Code § 90-3]
The Construction Official shall, with the advice of the subcode
officials, prepare and submit to the Mayor and Borough Council, biannually,
a report recommending a fee schedule based on the operating expenses
of the Agency and any other expenses of the municipality fairly attributable
to the enforcement of the State Uniform Construction Code Act.
[1982 Code § 90-4; Ord. No. 1230-11-07; Ord. No. 1272-04-09; Ord. No. 1341-26-11; 1-24-2023 by Ord. No. 1588-2-23; 8-8-2023 by Ord. No. 1605-19-23]
The fee for a construction permit shall be the sum of the subcode
fees listed below and shall be paid before the permit is issued.
a. Building Subcode fees.
1. For new
construction and additions: $0.030 per cubic foot of building or structural
volume of large open - volume single story spaces in buildings, such
as barns, silos, greenhouses, warehouses, distribution centers, and
other agricultural, and storage-use occupancies; $0.035 per cubic
foot of building or structure volume of R-3 or R-5 use group; $0.040
for all other use groups and types of construction as classified and
defined in Article II of the Building Subcode, provided that the minimum
fee for principal building shall be $500 each and the minimum Building
Subcode fee shall be $100 each.
State training surcharge fee (per cubic foot) of new buildings
and additions: $0.00371 per cubic foot.
State training fee based upon estimated cost for all other construction:
$1.90 per $1,000.
2. For renovations,
alterations, commercial roofing, re-siding, and repairs: $35 per $1,000
or cost of the work.
Residential reroof: $100.
3. For combination
renovation and additions: the sum of the fees computed separately
as renovations and additions.
4. Swimming
pools, including fences:
Residential, aboveground
|
$200 each
|
Residential, in-ground
|
$300 each
|
Swimming pools (public)
|
$500 each
|
Relocation of structures
|
$500 each
|
5. Minor
work (sheds, fences, driveways, retaining walls): $30 per $1,000 cost
or estimate cost.
Minimum fee: $30.
6. Temporary
structure fee: $150.
7. Retaining
walls:
Other than Class 3 residential structure
|
$30 per 1,000
|
Class 3 residential structures
|
$150 for 550 square feet or less; $300 for over 550 square feet
|
8. Semi-permanent
trailers used for construction offices and storage: $300 each.
9. Zoning
or minor work permits not covered elsewhere: $100 each.
b. Plumbing
Subcode fees.
1. The Plumbing
Subcode fees for fixtures, devices, plumbing stacks and utility service
connections, including sewer connections and water service connections:
(a) Fixtures
and appliances connected to the plumbing system.
Fixture/Appliance/Device
|
Fee
(each)
|
---|
Water closet/bidet/urinals
|
$30
|
Bathtub
|
$30
|
Lavatory/sink
|
$30
|
Shower/floor drain
|
$30
|
Washing machine
|
$30
|
Dishwasher
|
$30
|
Commercial dishwasher
|
$30
|
Hot water heater (new and replacement):
|
|
Residential
|
$50
|
Commercial
|
$100
|
Hose bibs
|
$30
|
Water cooler
|
$30
|
Garbage disposal
|
$30
|
Indirect connection
|
$30
|
Vent stack
|
$30
|
Grease traps and oil separators, backflow devices:
|
|
Residential
|
$50
|
Commercial
|
$100
|
Oil separators
|
$50
|
Water-cooled air conditioners
|
$50
|
Backflow preventors-testable
|
$50
|
Backflow preventors-non-testable
|
$50
|
Steam boilers:
|
|
Residential
|
$50
|
Commercial
|
$100
|
Hot-water boilers:
|
|
Residential
|
$50
|
Commercial
|
$100
|
Sewer connection (sanitary or storm):
|
|
Residential
|
$100
|
Commercial
|
$200
|
Sewer pumps:
|
|
Residential
|
$100
|
Commercial
|
$200
|
Gas piping:
|
|
Residential
|
$50
|
Commercial
|
$200
|
Dry sewers (sanitary or storm):
|
|
Residential
|
$100
|
Commercial
|
$200
|
Water service:
|
|
Residential
|
$100
|
Commercial
|
$200
|
Heating appliances:
|
|
Residential
|
$50 per unit
|
Commercial
|
$100 per unit
|
Active solar systems
|
$50
|
Swimming pools (commercial)
|
$500
|
Refrigeration units
|
$50
|
Fuel oil piping
|
$50
|
c. Electrical
Subcode.
Device
|
Fee
|
---|
Switching, lighting, receptacle outlets:
|
|
1 to 25
|
$100
|
Each additional 25 outlets or fraction thereof
|
$100
|
Pool, spa, tub electrical certificate of compliance
|
$100
|
Service panels, equipment, service entrance subpanels, temporary
services and feeders:
|
|
0 to 100 amps
|
$100 each
|
101 to 300 amps
|
$150 each
|
301 to 1,000 amps
|
$300 each
|
Over 1,000 amps
|
$500 each
|
Electrical devices, generators, transformers:
|
|
1 kw to 10 kw
|
$50 each
|
11 kw to 45 kw
|
$100 each
|
46 kw to 112.5 kw
|
$150 each
|
Over 112.5 kw
|
$200 each
|
Disconnect fee
|
$50
|
Motor schedule includes air conditioners, generators, electric
furnaces and welders:
|
|
Single unit or group not to exceed 1 hp to 10 hp,
kw or kva
|
$50 each
|
Over 10 hp to 50 hp, kw or kva
|
$100 each
|
Over 50 hp to 100 hp, kw or kva
|
$200 each
|
Over 100 hp, kw or kva
|
$250 each
|
Minimum fee
|
$50
|
Solar power energy:
|
|
Disconnect
|
$50
|
Microinverters
|
$50
|
PV system:
|
|
1 to 50 kw
|
$58
|
50 to 100 kw
|
$116
|
101 kw or greater
|
$576
|
Annual permits as per N.J.A.C. 5:23-2.14(c)
|
$2,000 each
|
d. The fee
for plan review shall be 20% of the amount to be charged for the construction
permit and shall be paid at the time of submission of an application
for a permit before the plans are reviewed. The amount paid for this
fee shall be credited toward the amount of the fee charged for the
construction permit. Plan review fees are not refundable.
e. Demolition.
Use Groups R-3 and R-4
|
$150 each
|
All other use groups
|
$300 each
|
f. The fee
for a permit for the removal of a building or structure from one lot
to another or to a new location on the same lot shall be $5 per $1,000
of the sum of the estimated costs for moving, for new foundations
and for placement in a completed condition in the new location, provided
that the minimum fee shall be $30.
g. Signs.
Up to 6 square feet
|
$100 each
|
6 or more square feet
|
$200 each
|
h. The fee
for a certificate of occupancy for new construction and of existing
shall be as follows:
Residential (per dwelling unit)
|
$100 each
|
Commercial
|
$200 each
|
Temporary certificate of occupancy
|
$100 each
|
Certificate of continued occupancy
|
|
Residential (per dwelling unit)
Editor's Note: Fee is restated in § 35-108.9.
|
$100 each
|
Commercial
|
$200 each
|
Fee for certificate of compliance for rentals or resale certificate
|
$100 per dwelling unit
|
i. The fee
for elevator inspections shall be charged by the State of New Jersey.
j. Storage
tanks, including removal, abandonment, or replacement (underground
or aboveground) (per 1,000 gallons): $100 each.
k. Sprinkler
system.
1 to 20 heads
|
$100
|
21 to 100 heads
|
$150
|
101 to 200 heads
|
$250
|
201 to 400 heads
|
$500
|
401 to 1,000 heads
|
$750
|
1,001 heads and more
|
$1,000
|
l. Mechanical.
1. Continuing
inspections:
High-pressure boilers (annual)
|
$250 each
|
Refrigeration systems (annual)
|
$250 each
|
Cross connections and backflow preventers, Commercial (quarterly)
|
$50 each
|
Pressure vessels (annual)
|
$100 each
|
2. All heating
applications and H.V.A.C. equipment, including solid fuel burning
appliances and duct work, new or replacement: $100 each.
4. Kitchen
exhaust systems:
Residential
|
$50 each
|
Commercial
|
$200 each
|
5. Incinerators
and crematories: $5,000 each.
6. Swimming
pool heaters: $100 each.
8. Central
fire control center: $2,000 each.
9. Automatic
fire detection and alarm systems.
Commercial:
|
|
1 to 25 heads
|
$150
|
26 to 100 heads
|
$350
|
More than 100 heads
|
$5 per addl. head
|
Residential
|
$250
|
10. Chimneys,
vents, and shafts:
Residential
|
$100 each
|
Commercial
|
$200 each
|
11. Fire
suppression systems, including water sprinkler, dry chemical, foam,
carbon dioxide, or other chemical agents:
Each installation 1 to 25 heads or nozzles
|
$150
|
Each installation 26 to 75 heads or nozzles
|
$300
|
Each installation 76 to 200 heads or nozzles portions hereof
|
$100 per 100
|
12. Standpipes:
2 ½-inch pipes, per riser
|
$300 each
|
4-inch pipes, per riser
|
$500 each
|
6-inch pipes, per riser
|
$750 each
|
8-inch pipes, per riser
|
$1,000 each
|
Larger than 8-inch pipes, per riser
|
$1,200 each
|
13. Manual
fire alarms: $250.
Plus each pull station: $10.
m. Variations.
Residential
|
$35
|
Nonresidential
|
$100
|
n. Fire Subcode
fees.
Minimum fee
|
$100 each
|
Minimum fee for L.P.G., flammable liquids, combustible liquids
and gas systems
|
$100 each
|
Continuing inspections:
|
|
High-pressure boilers (annual)
|
$250 each
|
Refrigeration systems (annual)
|
$250 each
|
Cross connections and backflow preventers, commercial
(quarterly)
|
$50 each
|
Pressure vessels (annual)
|
$100 each
|
All heating appliances and H.V.A.C. equipment, including solid
fuel burning appliances and duct work, new or replacement
|
$100 each
|
Fire dampers (per damper)
|
$10 each
|
Kitchen exhausts systems:
|
|
Residential
|
$50 each
|
Commercial
|
$200 each
|
Incinerators and crematories
|
$5,000 each
|
Swimming pool heaters
|
$100 each
|
Fire pumps
|
$1,000 each
|
Central fire control center
|
$2,000 each
|
Automatic fire detection and fire alarm systems:
|
|
Commercial
|
|
1 to 25 heads
|
$150 each
|
26 to 100 heads
|
$350 each
|
More than 100 heads (per additional head)
|
$5 each
|
Residential
|
$100 each
|
Chimneys, chimney lining, vents, and shafts:
|
|
Residential
|
$100 each
|
Commercial
|
$200 each
|
Masonry fireplaces
|
$100 each
|
Fire suppression systems, including water sprinklers, dry chemical,
foam, carbon dioxide, or other chemical agents:
|
|
Each installation 1 to 25 heads or nozzles
|
$150 each
|
Each installation 26 to 75 heads or nozzles
|
$300 each
|
Each installation 76 to 200 heads or nozzles
|
$500 each
|
Each additional 100 heads or nozzles or portion
thereof (per 100)
|
$100 each
|
Standpipes:
|
|
2 ½-inch pipes per riser
|
$300 each
|
4-inch pipes per riser
|
$500 each
|
6-inch pipes per riser
|
$750 each
|
8-inch pipes per riser
|
$1,000 each
|
Larger than 8-inch pipes per riser
|
$1,200 each
|
Manual fire alarms
|
$250 each
|
Plus each pull station
|
$10 each
|
Solar PV system
|
$150 each
|
o. The fee
for a construction permit shall be the sum of the subcode fees, plus
all applicable special fees, listed herein and shall be issued as
required by the Uniform Construction Code Regulations, N.J.A.C. 5:23-2.15(e)3i(3).
A separate fee computed by volume or estimated cost will be charged
at the same rate as designated.
p. Lead inspections.
Up to 3 bedrooms
|
$350
|
Each additional bedroom after 3
|
$100
|
*Visual inspection
|
$150
|
Sample from wipes fee — market value from lab
|
(TBD)
|
State surcharge fee
|
$20
|
Administrative fee
|
15%
|
NOTE: (If state changes the status from wipe to visual only)
|
Lab fees (subject to change)
|
Bulk Matrix — Flame AA
|
3 Hr
|
6 Hr
|
24 Hr
|
32 Hr
|
48 Hr
|
72 Hr
|
96 Hr
|
1 Wk
|
2 Wk
|
Paint Chips (SW-846-7000B)
|
$75
|
$35
|
$20
|
$18
|
$16
|
$14
|
$12
|
$11
|
$10
|
Wipes (SW-846-700B)
|
$75
|
$35
|
$20
|
$18
|
$16
|
$14
|
$12
|
$11
|
$10
|
Soil (SW-846-7000B)
|
Call
|
$89
|
$55
|
$52
|
$47
|
$42.50
|
$38.50
|
$37
|
$32.75
|
q. Mechanical
one- and two-family: $150.
r. The fee
for a construction permit shall be the sum of the subcode fees, plus
all applicable special fees, listed herein and shall be issued as
required by the Uniform Construction Code Regulations, N.J.A.C. 5:23-2.15(e)3i(3).
A separate fee computed by volume or estimated cost will be charged
at the same rate as designated.
[1982 Code § 90-5]
In order to provide for the training, certification and technical
support programs required by the Uniform Construction Code Act and
the regulations contained in N.J.S.A. 52:27D-119 et seq., the enforcing
agency shall collect, in addition to the fees specified above, a surcharge
of $0.0016 per cubic foot of volume of new construction. The surcharge
shall be remitted to the Bureau of Housing Inspection, Department
of Community Affairs, on a quarterly basis for the fiscal year ending
September 30, December 31, March 31 and June 30, and not later than
one (1) month next succeeding the end of the quarter for which it
is due. The Enforcing Agency shall report annually at the end of each
fiscal year to the Bureau of Housing Inspection, no later than July
31, the total amount of the surcharge fee collected in the fiscal
year.
[1982 Code § 172-23]
a. No person shall deposit or dump dry fill upon the surface or level
of any lot, grounds, street, road or alley in the Borough of Little
Ferry unless pursuant to a building permit.
b. No occupant, operator or owner of any premises shall permit the deposit
or dumping of dry fill upon any lot for which the person has ownership,
possession, charge, care or control, unless pursuant to a building
permit by the Construction Official.
[1982 Code § 172-2]
As used in this section:
DRY FILL
Shall mean and include wood, stumps, masonry materials, rock,
brick, dirt, soil, stone, cinders, ashes from wood or coal fire and
bituminous materials or other nonputrescent materials.
[1982 Code § 172-26]
Notwithstanding subsection
13-2.1,
a person may procure a permit from the Building Department for the importation of soil, wood chips or other dry fill materials to a site within the Borough, subject to the following conditions and procedures:
a. Application for the permit shall be made to the Construction Official
or his designee and shall be accompanied by a fee of twenty-five ($25)
dollars for the first one hundred (100) cubic yards of dry fill material
plus ten ($10) dollars per one thousand (1,000) cubic yards in excess
of one hundred (100) cubic yards.
b. The application shall disclose the address and location from which
the dry fill is to be obtained, the owner or representative of the
owner of the premises from which the soil is to be obtained and the
kind, type and quality of the dry fill to be imported.
c. The Construction Official or his designee shall review all such applications,
and if, in the opinion of the Construction Official or his designee,
professional review of the application, including physical examination
or testing of soil is required, the Borough Engineer shall review
the application. If the Borough Engineer likewise is of the opinion
that professional review of the application, including physical examination
or testing of soil is required, the Borough Engineer shall forward
all pertinent materials to a soil consultant or environmental consultant
(the Borough Engineer may serve as soil consultant or environmental
consultant if qualified) for review and for a certified testing soil
laboratory report which shall be delivered to the Construction Official
or his designee within thirty (30) days from the date of a completed
application. Prior to review of the application by the Borough Engineer,
the applicant shall post an escrow to cover costs of the Borough Engineer
and the soil consultant or environmental consultant, which escrow
amount shall be based upon the estimate of the Borough Engineer. If
the escrow amount is not sufficient to cover actual costs, the applicant
shall pay the balance.
d. If the results of a professional review, physical examination and
testing indicate the presence of material which, in the professional
opinion of the Borough Engineer, is harmful, dangerous, toxic or hazardous
to the public, importation of the material shall not be permitted.
e. This section shall apply to importation of dry fill not in connection
with a building permit.
[1982 Code § 85-1]
It is hereby found and declared that the existence or occupation
of any building or buildings or parts thereof in the Borough of Little
Ferry which are so old, dilapidated or have become so out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
habitation, occupancy or use is inimical to the welfare and dangerous
and injurious to the health and safety of the residents of the Borough,
and that a public necessity exists for the repair, closing or demolition
of such building or buildings or parts thereof.
[1982 Code § 85-2]
Whenever the proper officials of the Borough designated herein
find that there exists in the Borough any building or buildings which
are unfit for human habitation, occupancy or use due to dilapidation,
defects, increasing the hazards of fire, accidents or other calamities,
lack of ventilation, light or sanitation facilities, or due to other
conditions rendering such building or buildings or parts thereof unsafe
or unsanitary or dangerous or detrimental to the health or safety
or otherwise inimical to the welfare of the residents of the Borough,
the officials designated shall exercise the power vested under this
section and under the law of the State of New Jersey to repair, close
or demolish, or cause or require the repairing, closing or demolition
of, such building or buildings or part thereof in the manner set forth
in this section.
[1982 Code § 85-3]
As used in this section:
BUILDING
Shall mean any building or structure or part thereof, whether
used for human habitation or otherwise, and shall include any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
GOVERNING BODY
Shall mean the Mayor and Council of the Borough of Little
Ferry.
OWNER
Shall mean the holder or holders of the title in fee simple.
PARTIES IN INTEREST
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
PUBLIC AUTHORITY
Shall mean any officer who is in charge of any department
or branch of the government of the Borough of Little Ferry relating
to health, fire, building regulations or to other activities concerning
buildings in the Borough of Little Ferry.
PUBLIC OFFICER
Shall mean the officer, officers, board or body who is or
are authorized by this section to exercise the powers set forth in
this chapter.
[1982 Code § 85-4]
The Construction Official is hereby designated and appointed
to exercise the powers set forth in this section. In the event that
the Construction Official is unable to act, then any qualified subcode
official may act in his place and stead. The Mayor and Borough Council
may from time to time, by resolution, designate any other person or
persons to act in the place of the Construction Official.
[1982 Code § 85-5]
Whenever a petition is filed with the public officer by a public
authority or by at least five (5) residents of the Borough of Little
Ferry, charging that any building is unfit for human habitation or
occupancy or use, or whenever it appears to the public officer that
any building is unfit for human habitation or occupancy or use, the
public officer shall, if his preliminary investigation discloses a
basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such building a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the public officer or his designated agent at a place
therein fixed not less than seven (7) days nor more than thirty (30)
days after the serving of the complaint, and that the owner and parties
in interest shall be given the right to file an answer to the complaint
and to appear in person or otherwise and give testimony at the place
and time fixed in the complaint. The rules of evidence prevailing
in the courts shall not be controlling in hearings before the public
officer.
[1982 Code § 85-6]
a. After notice and hearing, if the public officer determines that the
building under consideration is unfit for human habitation or occupancy
or use, he shall state in writing his findings of fact in support
of such determination and shall issue and cause to be served upon
the owner thereof and parties in interest an order requiring the repair,
alteration or improvement of the building to be made by the owner
within a reasonable time, which time shall be set forth in the order,
or, at the option of the owner, to vacate or have the building vacated
and closed within the time set forth in the order.
b. If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises and the owner
fails to repair, alter or improve the building within the time specified
in the order, then the owner shall be required to remove or demolish
the building within a reasonable time as specified in the order of
removal.
[1982 Code § 85-7]
If the owner fails to comply with an order to repair, alter
or improve or, at the option of the owner, to vacate and close the
building, the public officer may cause such building to be repaired,
altered or improved or to be vacated and closed. The public officer
may cause to be posted on the main entrance of any building so closed
a placard with the following words: "This building is unfit for human
habitation or occupancy or use; the use of occupation of this building
is prohibited and unlawful."
[1982 Code § 85-8]
If the owner fails to comply with an order to remove or demolish
the building, the public officer may cause such building to be removed
or demolished or may contract for the removal or demolition thereof
after advertisement for and receipt of bids therefor.
[1982 Code § 85-9]
The amount of 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 of Little Ferry, and the cost of such repairs, alterations
or improvements, or vacating and closing, or removal or demolition,
if any, or the amount of the balance thereof remaining after the deduction
of the sum, if any, realized from the sale of materials derived from
such building or from any contract for removal or demolition thereof,
shall be a municipal lien against the real property upon which such
cost was incurred. If the building is removed or demolished by the
public officer, she shall sell the materials of such building. There
shall be credited against the cost of the removal or demolition thereof
the proceeds of any sale of such materials or any sum derived from
any contract for the removal or demolition of the building. If there
are no such credits or if the sum total of such costs exceeds the
total of such credits, a detailed statement of the aforesaid costs
and the amount so due shall be filed with the Municipal Tax Collector
or other custodian of the records of tax liens, and a copy thereof
shall be forthwith forwarded to the owner by registered mail. If the
total of the credits exceed such costs, the balance remaining shall
be deposited in the Superior Court by the public officer, shall be
secured in such 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, however, that nothing in this subsection shall
be construed to impair or limit in any way the power of the Borough
of Little Ferry to define and declare nuisances and to cause the removal
or abatement, by summary proceedings or otherwise. Any owner or party
in interest may, within thirty (30) 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.
[1982 Code § 85-10]
The public officer may determine that a building is unfit for
human habitation or occupancy or use if he finds that conditions exist
in such building which are dangerous or injurious to the health or
safety of the occupants of such building, the occupants of neighboring
buildings or other residents of the Borough of Little Ferry. Such
conditions may include but shall not be limited to defects therein
increasing the hazards of fire, accident or other calamities; lack
of adequate ventilation, light or sanitary facilities; dilapidation
or disrepair; structural defects; or uncleanliness.
[1982 Code § 85-11]
A complaint or order issued by a public officer pursuant to
this section shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the public officer in the exercise
of reasonable diligence, and the public officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once each week for two
(2) successive weeks in a newspaper printed and published in the Borough
of Little Ferry, or, in the absence of such newspaper, in one printed
and published in Bergen County and circulating in the Borough. A copy
of such complaint or order shall be posted in a conspicuous place
on a premises affected by the complaint or order. A copy of such complaint
or order shall be duly recorded or ledged for record with the Clerk
of Bergen County.
[1982 Code § 85-12]
The public officer or other official designated under this section
may exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this section, including
the following powers in addition to others herein granted:
a. To investigate the building conditions in the municipality in order
to determine which buildings therein are unfit for human habitation
or occupancy or use.
b. To administer oaths and affirmations, examine witnesses and receive
evidence.
c. To enter upon premises for the purpose of making examinations, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
d. To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of the ordinances.
e. To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
[Ord. No. 1336-21-11]
The Municipal Council of the Borough of Little Ferry hereby
declares its intent to regulate, in a manner consistent with the interests
of the citizens of the Borough of Little Ferry, the location, use
and placement of portable storage units. No portable storage units
may be used or operated before a permit for the same is issued.
[Ord. No. 1336-21-11]
As used in this chapter, the following terms shall have the
meanings indicated:
BOROUGH
Shall mean the Borough of Little Ferry in the County of Bergen,
State of New Jersey.
PERSON
Shall mean any individual, person, firm, partnership, association,
corporation, company or organization of any kind.
PORTABLE STORAGE UNIT
Shall mean any container, with or without wheels, designed
for the outdoor storage of personal property which is rented to owners
or occupants of property for their temporary use and which is delivered
and removed by vehicle.
SITE
Shall mean a piece, parcel, tract, or plot of land occupied
by one (1) or more buildings.
USER
Shall mean the owner or occupant of property entering into
an agreement with a portable storage unit company for the placement
of a portable storage unit on a site located in the Borough.
[Ord. No. 1336-21-11]
a. Portable storage units may only be used in connection with moving,
new construction or building renovation and may be temporarily located
only on single-family, two-family, multiple-family and/or commercial
or industrial sites. Portable storage units may not be used for habitation.
In no event shall portable storage units be located in the right-of-way,
obstruct any sidewalk or obstruct full public safety access.
b. In the case of single-family or multiple-family sites containing
less than four (4) residential units, portable storage units shall
be placed in the rear yard to the extent possible, and if not in the
rear yard, only in the driveway, front yard or side yard. Portable
storage units placed in the front yard or side yard must be placed
at least ten (10) feet from the front lot line and to the extent possible
shall be located behind footprint of main structure. Portable storage
units shall not impede traffic visibility or interfere with the site
triangle of the property and shall not impede the right-of-way. Location
shall not abut sidewalk and may not impede accesses of emergency services
to the property.
c. In the case of multiple-family sites in excess of four (4) residential
units, commercial or industrial sites, portable storage units shall
be placed only in allotted parking spaces on the site.
[Ord. No. 1336-21-11]
The portable storage units shall be no wider than eight (8)
feet, no longer than eighteen (18) feet and no higher than ten (10)
feet from grade.
[Ord. No. 1336-21-11]
a. A site permit is required for the placement of a portable storage
unit at a site, which permit shall be valid for a period of thirty
(30) days. The user of the site may apply for an additional thirty
(30) day permit in any twelve-month period running from the date of
issue of the permit.
b. Application for the site permit shall be made to the Building Department
by the user, on a form provided by the Borough. The user shall pay
a fee of fifty ($50) dollars to the Building Department for each permit.
Permits shall include the name, address and telephone number of the
owner of the portable storage units.
c. In the event of unforeseen catastrophic damages due to events outside
the control of a homeowner such as flood, fire, wind, tree damage
or construction delays, the permit may be extended for a period of
thirty (30) days upon application to the Zoning Code Official and
the cost of each permit pursuant to this paragraph shall increase
each month by fifty ($50) dollars. Example, the first permit [days
60 — 89] pursuant to this paragraph shall be one hundred ($100)
dollars. The second extension [days 90 — 119] shall be one hundred
fifty ($150) dollars and so on.
[Ord. No. 1336-21-11]
Each portable storage unit shall have reflectors on both the
front and rear surfaces for night safety in such a manner as to indicate
the height and width of the same.
[Ord. No. 1336-21-11]
a. The property owner shall be responsible to ensure that the portable
storage unit is in good condition, free from evidence of deterioration,
weathering, discoloration, rust, ripping, tearing or other holes or
breaks.
b. When in use, the portable storage unit shall be kept locked.
c. The user of any site on which a portable storage unit is placed shall
be responsible for ensuring that no hazardous materials as defined
at 49 CFR 171; hazardous substances as defined at 40 CFR 302; extremely
hazardous substances as defined at 40 CFR 355; hazardous chemicals
as defined at 29 CFR 1910; hazardous waste as defined at 40 CFR 260-281,
or as such regulations may from time to time be amended, are stored
or kept within the portable storage units.
[Ord. No. 1336-21-11]
a. No person shall place any portable storage unit at any location in
the Borough of Little Ferry except in compliance with the provisions
of this section.
b. It shall be unlawful for a portable storage unit to remain at a site
in excess of the time periods permitted under this section.
c. Any person who violates any provision of this section shall, upon conviction be subject to the penalty stated in Chapter
1, subsection
1-5.1a. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. No. 1336-21-11]
This section shall be enforced by all the agents of the Borough
of Little Ferry.
[1982 Code § 103-1]
All fences erected in residential zones in the Borough shall
be subject to the following requirements.
[1982 Code § 103-1A]
A fence permit shall be issued by the Construction Official
for all fences, except living fences erected in the Borough. Except
as provided in paragraph f., none of the other restrictions or provisions
shall apply to living fences.
[1982 Code § 103-1B]
No fence erected on or around a residential lot or parcel of
land shall exceed six (6) feet in height. Preconstructed fences of
a standard six (6) foot height must be installed as close to the ground
as possible. The total height of the fence will not include any slight
undulations of the ground, provided that eighty (80%) percent of the
fence does not exceed the maximum height of six (6) feet.
[1982 Code § 103-1C]
No fence shall be erected in a front yard of any lot in a residential
zone or along a public right-of-way unless the fence is less than
fifty (50%) percent solid and is not more than four (4) feet in height.
[1982 Code § 103-1D]
Fences must be constructed with the face or finished side away
from the property and the structural side toward the interior.
[1982 Code § 103-1E]
Fences which are painted shall be painted in only one (1) color
harmonious with the surrounding area. Multicolored fences are prohibited.
[1982 Code § 103-1F]
Living fences or screening shall be planted no closer than three
(3) feet to the property line. Living fences shall be maintained in
a neatly trimmed condition and shall not interfere with visibility
on corner lots.
[1982 Code § 103-1G]
Fences shall be erected in a manner so as to permit the flow
of natural drainage and shall not cause surface water to be blocked
or dammed to create ponding.
[1982 Code § 103-1H]
For fences required around a swimming pool, see Chapter
17, Swimming Pools.
[1982 Code § 103-1I]
The following fences and fencing materials are specifically
prohibited: barbed wire fences, short pointed fences, canvas, cloth,
electrically charged fences, poultry netting, temporary fences such
as snow fences, expandable fences and collapsible fences at any location
on the lot upon which a welling or structure is situated, except during
construction on such property.
[1982 Code § 103-1J]
Every fence or wall shall be maintained in a safe, sound, upright
condition and in accordance with the approved plan on file with the
Construction Official.
[1982 Code § 103-1K]
All fences or walls must be created within the property lines,
and no fences shall be erected so as to encroach upon a public right-of-way
or to interfere with vehicular or pedestrian traffic or with visibility
on corner lots.
[1982 Code § 103-1L]
If the Construction Official, upon inspection, determines that
any fence or wall or portion of any fence or wall is not being maintained
in a safe, sound, upright condition, he shall notify the owner of
such fence, in writing, of his findings and state briefly the reasons
for such findings and order such fence or wall or portion of such
fence or wall repaired or removed within ten (10) days of the date
of the written notice. Each day the person fails to obey the order
referred to above shall constitute a separate violation of this section.
[1982 Code § 103-1M]
No fence permit shall be issued by the Construction Official
until the applicant provides the Construction Official with a set
of plans or description of the proposed fence and a sketch or survey
showing the proposed location of the fence. The proposed fence shall
be constructed in conformity with the plans or description and shall
be located as shown on the sketch or survey. If the Construction Official,
upon inspection, determines that any fence or wall has not been constructed
according to the plans or description or has not been located as shown
on the sketch or survey, he shall notify the owner of such fence or
wall, in writing, of his findings and order such fence or wall to
be constructed according to the plans or description or order the
fence to be located as shown on the sketch or survey. Such owner shall
either remove the fence or comply with the order of the Construction
Official within ten (10) days of the date of receipt of the written
notice. Each day the owner fails to obey the order referred to above
shall constitute a separate violation of this section.
[1982 Code § 103-2; New]
a. The Zoning Board of Adjustment is empowered pursuant to N.J.S.A.
40:55D-1 et seq. to provide relief of the regulations of this section.
b. No application for relief, as provided in paragraph a herein, shall
be made, except upon the denial by the Construction Official of the
issuance of a fence permit.
[1982 Code § 204-1; Ord. No. 1149-26-04]
As used in this section:
STORAGE TRAILER/SHIPPING CONTAINER
Shall mean any trailer or shipping container on any land,
with or without wheels, which is capable of containing any product
or person, is unregistered as a roadworthy vehicle, and/or is incapable
of immediate movement from site.
[1982 Code § 204-2]
It shall be unlawful for any person to use any trailer or camp
car as a dwelling or sleeping place within the limits of the Borough
of Little Ferry unless occupied by a watchman on a construction site
during the period of actual construction.
[1982 Code § 204-3]
a. It shall be unlawful for any person to park a trailer or camp car
on any premises within the limits of the Borough of Little Ferry except
for the purpose of repair, storage or sale.
b. Nothing contained in this section shall relieve any person from the off-street parking regulations enumerated in Chapter
7, Traffic, as may apply.
[1982 Code § 204-4]
A person may park a vehicle or camp car on any public street
within the Borough of Little Ferry for a maximum period of two (2)
hours, provided that that person is not in violation of any traffic
regulation.
[1982 Code § 1149-26-04]
The placement or keeping of trailers or shipping containers
on any land in the Borough of Little Ferry for the purpose of storage,
occupancy, or use of any kind is strictly prohibited. The prohibition
shall exclude the use of both temporary field office trailers (known
as construction trailers) and storage trailers deemed necessary due
to a structure being damaged due to water or fire. A temporary field
office trailer shall not be placed on the property longer than the
completion of the construction project. A storage trailer necessary
due to a structure being damaged due to water or fire may be placed
on the property for the storage of goods and shall be permitted for
a period not to exceed ninety (90) days. A permit for the use of either
temporary field office trailers or storage trailers may be obtained
upon application to the Zoning Code Official and upon payment of a
fee of two hundred ($200) dollars. The permit may be extended for
a period of thirty (30) days upon application to the Zoning Code Official
and payment of a fee of one hundred ($100) dollars.
[Ord. 1285-17-09 § 1]
This section requires 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 Little Ferry so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Ord. 1285-17-09 § 2]
As used in this section:
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Little Ferry or other public body, and
is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
STORM DRAIN INLET
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.
WATERS OF THE STATE
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. 1285-17-09 § 3]
No person in control of private property (except a residential
lot with one 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:
a. Already meets the design standard below to control passage of solid
and floatable materials; or
b. Is retrofitted or replaced to meet the standard in subsection
13-7.4 below prior to the completion of the project.
[Ord. 1285-17-09 § 4]
Storm drain inlets identified in subsection
13-7.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see paragraph c below.
a. Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater 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:
(a)
A rectangular space four and five-eighths (4 5/8) inches
long and one and one-half (1 1/2) inches wide (this option does
not apply for outfall netting facilities); or
(b)
A bar screen having a bar spacing of 0.5 inches.
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. 1285-17-09 § 5]
This section shall be enforced by the Police Department and/or
other Municipal Officials of the Borough of Little Ferry.
[Ord. 1285-17-09 § 6]
Any person who violates any provision of this section shall
be subject to a fine not to exceed one thousand ($1,000) dollars for
each storm drain inlet that is not retrofitted to meet the design
standard.
[1982 Code § 92-1]
This section shall apply to all persons, partnerships, corporations
or other entities who shall undertake any services in the Borough
of Little Ferry for a fee, the purpose which is to add or remove rooms,
dormers or other structures or to improve, modernize or modify existing
rooms or structures or to install, resurface or improve driveways
or sidewalks or to engage in the construction or installation of swimming
pools or to engage in the business of erecting or altering signs or
to engage in the business of reroofing, re-siding, moving or demolishing
the whole or any part of a building, structure or any improvements
for which a building permit is required, provided that such work shall
be accomplished upon any structure in the Borough of Little Ferry
where persons reside or will reside upon completion of the work or
upon the lands where the residence is situated, and further provided
that the persons or firm offering the services shall not be otherwise
licensed by the State of New Jersey pursuant to the terms of law and
regulations promulgated pursuant to statute by State agencies having
control over such services.
[1982 Code § 92-2]
Any persons or firm to whom this section applies, as set forth in subsection
13-8.1 above, shall, prior to commencing any work or service in the Borough of Little Ferry, make application to the Construction Code Official for a local contractor's license. Failure to obtain such license prior to commencement of work or service shall constitute a violation of this section.
[1982 Code § 92-3]
All applications shall be submitted, in writing, upon a form
to be provided by the Construction Code Official, which form shall
contain the following information:
a. The applicant's name, business and business address.
b. Whether the applicant is an individual, a partnership, a corporation
or any other entity and, if another entity, a full explanation and
description thereof.
c. If the applicant is an individual, the applicant's residence address
and date and place of birth.
d. If the applicant is a partnership, the full names, residence addresses,
dates and place of birth of each partner.
e. If the applicant is a corporation or other entity:
1. In the case of the corporation, the full names, residence addresses,
dates and places of birth of each officer and each stockholder ("stockholder"
as used herein means and includes any person owning or having an interest,
either legal or equitable, equal to ten (10%) percent or more of the
stock issued and outstanding of the corporation), the name and address
of the registered agent and the address of the principal office.
2. In the case of another entity, the full names, residence addresses,
dates, places of birth of each person owning or having an interest,
either legal or equitable, aggregating in value ten (10%) percent
or more of the total capital of the entity, the name and address of
the registered agent, if any, and the address of the principal office.
f. Whether the applicant or any partners, officers or stockholders thereof
have been convicted of a crime and, if so, the name of the person
convicted, the date of conviction, the crime or charge involved and
disposition thereof; or whether any of the aforementioned persons
have violated any State, County or municipal ordinances or regulations
on construction or demolition.
g. The number of years the applicant has been in business at his present
business address of any prior location, including the addresses of
such prior location, if any.
h. The applicant's training and experience.
i. The types of insurance, amount of coverage, names and addresses of
insurance companies and policy numbers.
j. The names of other municipalities wherein the applicant is licensed,
whether the license in the municipality has been revoked and, if so,
the reason for revocation.
[1982 Code § 92-4]
All licenses shall be good for the calendar year in which they
are issued and may be renewed as set forth hereinafter in this section.
[1982 Code § 92-5]
The initial fee for a local contractor's license shall be twenty-five
($25) dollars and thereafter renewals of such license shall be given
upon payment of the fee of ten ($10) dollars. Renewals must be made
on or before January 31; failure to renew before January 31 shall
be and constitute a new or original license application, requiring
a complete application for the license as set forth in this section
and the payment of the fee of twenty-five ($25) dollars.
[1982 Code § 92-6]
The following shall constitute the sole grounds on which the
Construction Code Official may revoke a license or deny the issuance
of an initial license or the renewal thereof.
a. Failure to carry workmen's compensation insurance.
b. Failure to comply with construction standards required by State laws
or regulations or local ordinances or codes after having been given
a notice to cure such noncompliance and after the contractor has failed
to effect compliance without just cause.
c. Failure to comply with all lawful instructions of the Construction
Code Official regarding site safety; altering plans submitted for
the obtaining of the building permit without first receiving the approval
of the Construction Code Official; failure to obtain a building permit
required; or an owner/resident complaint against the contractor for
unworkmanlike or unsafe services, which complaint has been personally
verified by the Construction Code Official or the Subcode Official
certified in the area for which services were performed.
d. The license or applicant has had any local contractor's license revoked
by any municipality in the State of New Jersey for any cause other
than failure to pay licensing fees.
e. Fraud or misrepresentation in obtaining a license.
f. The filing of voluntary or involuntary petition in bankruptcy or
an action of any court leading to receivership of the licensee.
[1982 Code § 92-7]
a. The Construction Code Official or any contractee may prefer charges
against any licensee under the terms of this section by the filing
of a complaint. Such complaint must be made in writing and sworn to
by the person preferring such charges and submitted to and filed with
the office of the Construction Code Official. Upon filing, it shall
be the duty of the Construction Code Official, not later than thirty
(30) days thereafter, to investigate the charges and to determine
whether there exists probable cause that a violation has occurred.
b. The complaint shall contain a statement of facts setting forth the
specific charges relating to the violation of this section or the
Uniform Construction Code or any applicable Borough ordinance or State
laws pertaining to building construction.
c. If the Construction Code Official finds probable cause, he shall
forthwith issue a notice directing the licensee, within twenty (20)
days after service of notice, to appear and answer the charges, showing
cause, if any, why his license should not be suspended or revoked
or not renewed.
d. A copy of the charges, together with a notice of hearing, shall be
served on the licensee at least five (5) calendar days before the
date fixed for such hearing. The notice and charges shall be served
either personally or by certified mail. At the hearing, the licensee
has the right to appear personally or by counsel and to cross examine
witnesses against him and to produce witnesses and evidence in his
behalf.
e. Failure of the licensee to appear may be deemed an admission by him
of a commission of the act or acts cited in the complaint, and his
license thereupon may be suspended forthwith pending any hearing of
the cause that the Construction Code Official, in his discretion may
order; provided, however, that the Construction Code Official shall
have the power in the event of such failure to answer, to suspend
or to revoke or fail to renew the license without any evidence other
than the charges filed.
f. When the Construction Code Official, after hearing, shall determine that the licensee is in violation, the Construction Code Official may then issue an order against such licensee to correct such violation, fixing a reasonable time within which such correction shall be made or accomplished, and, upon compliance with the order, the Construction Code Official may dismiss the complaint. Whenever the Construction Code Official, after hearing, shall determine that a licensee is in violation pursuant to subsection
13-8.6b and the Construction Code Official has given a reasonable time to comply and the contractor has failed to comply, the Construction Code Official may suspend or revoke or fail to renew the license.
[1982 Code § 92-8]
In the event that the Construction Code Official has revoked,
suspended or denied a license or has refused to renew such license,
the aggrieved contractor may appeal such denial, in writing, to the
Mayor and Borough Council. The appeal shall proceed as follows:
a. Upon receipt of the written appeal, the Borough Clerk shall set a
date for the Mayor and Borough Council to hear such appeal. This date
may be adjourned for a reasonable time upon the request of the Mayor
and Borough Council or the contractor.
b. At the time, date and place set for the hearing, the Mayor and Borough
Council shall conduct an inquiry into the reasons for the denial,
revocation or suspension by the Construction Code Official and shall
hear the contractor as to why such denial, revocation or suspension
was unreasonable or improper. At the hearing, the contractor shall
be entitled to call witnesses and to be represented by counsel.
c. At the conclusion of the hearing, the Mayor and Borough Council shall
immediately determine whether or not the denial, revocation or suspension
of the license was proper under the circumstances, and, if determined
to be improper, the Borough Council shall direct the Construction
Code Official to issue the license; if the Borough Council determines
that the license denial, revocation of suspension was proper, it shall,
in its discretion, take the following actions:
1. Uphold the denial, revocation or suspension without further action.
2. If circumstances warrant, issue the license conditioned upon the
contractor's adherence to conditions imposed by the Mayor and Borough
Council which are reasonably designed to ensure compliance by the
contractor with this chapter.
3. If circumstances warrant, direct the issuance of the license at such
time as any deficiencies, which were the grounds for the denial, revocation
of suspension, have been cured by the contractor. The Borough Council
shall set forth the deficiencies in its ruling.
d. Within ten (10) days of the hearing date, the Mayor and Borough Council
shall notify the Construction Code Official and the contractor, in
writing, of its determination.
[1982 Code § 92-9]
In addition to the enforcement of this section, the Construction
Code Official shall ensure the following:
a. That the information contained in the application for local contractor's
licenses is current.
b. That the applications for local contractor's licenses or public documents
are made available for inspection and copying by any interested person.
c. Notification to the owner of property on which work is to be done
by the contractor if the contractor does not carry public liability
insurance.
[1982 Code § 92-10]
Any person whose license has been denied, suspended or revoked under the provisions of subsection
13-8.6 may be relicensed by the Construction Code Official, provided that the license shall not be issued for a period of one (1) full year from the date of revocation, and provided that the grounds for denial, suspension or revocation have been removed. This subsection shall not be interpreted to require the Construction Code Official to reissue the license.
[1982 Code § 92-11]
The Construction Code Official shall not issue a building permit
for any activity which will require a license under this section until
such license is issued.
[1982 Code § 172-11.1]
Any building number assigned, in use and on record with the
Borough Tax Assessor prior to the adoption of this section, shall
remain in full force and effect.
[1982 Code § 172-11.1]
Responsibility and standards for the assignment of numbers for
buildings and structures in the Borough of Little Ferry.
a. Upon receipt of any application for a building permit, the Construction
Official shall determine if the building on the lot has been assigned
a number in accordance with this section. The Construction Official
shall give notice to the Tax Assessor of all applications for building
permits. If a number has been previously assigned to the building
on the lot, the Tax Assessor shall confirm the same and give notice
in accordance with paragraph b below. If no number has been assigned,
the Tax Assessor shall assign a number and give notice in accordance
with this section.
b. The Tax Assessor shall cause street numbers to be assigned to all
principal structures and buildings, hereinafter referred to as building,
erected in the Borough of Little Ferry. Each new building shall be
assigned a number by the Tax Assessor at the time of application for
a construction permit, but prior to the issuance of the permit. The
Tax Assessor shall notify the Construction Official and the Borough
Engineer of the assigned building number.
c. In the numbering of buildings now or hereafter fronting on streets,
roads, avenues or other public ways, hereinafter referred to as "streets,"
in the Borough or any street that may hereafter become a public street
in the Borough, one (1) numerical notation shall be assigned for each
lot as reflected and in accordance with the current Tax Map of the
Borough which is made a part hereof.
d. Whenever any vacant lot or lots, individually or in a development,
shall occur, each lot or lots shall be treated as separate for numbering
purposes as the lots are divided by frontage and area in accordance
with the current Zoning Ordinance of the Borough of Little Ferry.
e. Any building which has not yet received a numerical notation shall
receive one in accordance with the following methods:
1. For all streets running in a westerly-easterly direction, even numbers
shall be assigned to the north side of the street and odd numbers
to the south side of the street, beginning at the lots farthest west
on each side of the streets and allowing for future extension.
2. For all streets running in a northerly-southerly direction, even
numbers shall be assigned to the west side of the street and odd numbers
to the east side of the street, beginning at the lots farthest south
on each side of the streets and allowing for future extension.
[1982 Code § 172-11.1]
a. The owner or owners of any building shall number the building or
cause the same to be numbered in conformity with the requirements
of this subsection, the intent of which is to provide emergency services
with a clear, readily evident and unique identification of buildings.
b. The number shall be in figures or words of permanent materials and
of colors which contrast with the background on which they are mounted
or affixed. The words or numbers shall be at least three (3) inches
in height placed in or on the front of each building adjacent to and
within two (2) feet of the main entrance or in such other location
determined by the Construction Official to meet the intent of this
subsection.
c. All numbers shall be clearly visible and legible from the right-of-way
of the public street, road, avenue or highway and shall not be obstructed
by any bush, plant, fence, post or any other object. In any case where
the numbers are not clearly visible and legible, the Construction
Official may require supplemental numbers of the same size, installed
at or near the right-of-way which is adjacent to the building's main
entrance.
d. Where a building other than a one-family dwelling is located on a
corner lot and has an entrance on both sides facing the respective
streets, then each entrance shall be numbered in accordance with the
provisions of this section.
[1982 Code § 172-11.1]
a. The owner of every building other than buildings with two (2) or
fewer individual dwelling units shall number or cause to be numbered
each separate tenant space within or which is part of that building.
Numbers shall be affixed at or adjacent to the entrance door to the
tenant space, so as to be visible from the right-of-way, or from the
common area for those tenant spaces accessible after passing through
a single entranceway.
b. The owner of these same buildings shall also label all uninhabitable
rooms or spaces in the building, such as but not limited to janitor's
closets, storage rooms, mechanical equipment rooms or spaces and supply
closets, so as to clearly identify the purpose of the room and any
possible hazards contained therein. The labels shall be permanent,
affixed on or adjacent to the entry door to the room or space, in
a manner approved by the Construction Official.
[1982 Code § 172-11.1]
The Construction Code Official shall be charged with the enforcement
of this section.
[1982 Code § 172-11.1]
A certificate of occupancy or certificate of continued occupancy
shall not be issued to the owner or occupant of a building until it
is properly numbered and identified in accordance with the provisions
of this section.
[1982 Code § 172-11.1; New]
The owner or occupant of any building who fails to comply with the provisions of this section within three (3) months after notice of the number assigned to the building is issued shall be liable to the penalty stated in Chapter
1, Section
1-5.
[Ord. No. 1355-10-12]
All construction and building permits and/or applications pursuant
to this chapter shall require one (1) of the following which shall
be reviewed by the public officer or other official designated under
this section:
a. A survey of the property that is the subject of the permit application
that is less than three (3) years old from the date of the application
with a Survey Affidavit of No Change; or
b. A new survey of the property that is the subject of the permit application.
[Ord. No. 1455-04-16]
As used in this section:
DUMPSTERS/CONSTRUCTION CONTAINERS
Shall mean any container used in the normal course of demolition/construction
for the purpose of storing, containing and/or carting debris.
PERSON
Shall mean an individual or individuals, or corporation,
partnership or voluntary association.
[Ord. No. 1455-04-16]
a. No person shall use any dumpster/construction container without obtaining
a written permit.
b. No person shall place a dumpster/construction container on a public
street, sidewalk or right-of-way unless the dumpster/construction
container is mounted on not less than three-fourths (3/4) inch wood.
c. Upon the issuance of a permit and if the permit is used for a period
of time greater than twelve (12) hours, the person to whom the permit
is issued shall see that during the evening hours:
1. A tarpaulin is placed over the dumpster/construction container; and
2. That flashing signal lights are placed on or about the dumpster/construction
container as may be required by the Department of Public Safety.
d. The dumpster/construction container shall not be loaded in such a
manner as to cause its contents to spill onto the street or sidewalk
areas.
e. The person seeking the permit shall be specifically responsible for
any and all costs associated with any damage to any street, sidewalk
or public right-of-way caused by such dumpster/construction container.
[Ord. No. 1455-04-16]
a. All permits required by this section shall be in writing and shall
be issued by the Building Department. The Building Department shall
issue the permit if it appears that the applicant has the right and
the need to use a dumpster/construction container. Prior to the issuance
of such a permit the Department of Public Works shall consult with
the Police Department to determine that the proposed use of the dumpster/construction
container shall not constitute a traffic and/or a safety hazard. The
Department of Public Works shall also consult with the Construction
Official and determine whether the proposed location for the dumpster/construction
container is proper.
b. No permit authorized by this section shall be granted except pursuant
to an application in writing therefor signed by the person desiring
such a permit or his agent. The application which may be submitted
on forms provided by the Borough shall set forth the location of the
proposed dumpster/construction container, the nature, extent and probable
duration of the use of the container and the reason for its use.
c. No permits shall be issued until the fee, hereinafter described,
shall be paid to the Borough.
d. The permits shall be displayed in a conspicuous position on the dumpster/construction
container during the period of its use.
[Ord. No. 1455-04-16]
The fee payable for permits issued under this section for each
dumpster/construction container shall be as follows:
a. Personal Property: If the dumpster/construction container is placed
on the property of the person seeking the permit, the fee shall be
twenty-five ($25) dollars for the first thirty (30) working days and
ten ($10) dollars per day thereafter.
b. Street: If the dumpster/construction container is placed on the public
street, sidewalk, or right-of-way, the fee shall be two hundred fifty
($250) dollars for the first five (5) working days and one hundred
($100) dollars per day thereafter.
[Ord. No. 1455-04-16]
Any person violating any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5.
[Ord. No. 1466-15-16]
As used in this section, the following terms shall have the
meanings indicated:
BOARD
Shall mean the Crane Operators License Advisory Board established
pursuant to N.J.S.A. 45:26-3.
CERTIFICATION
Shall mean certification from the National Commission for
the Certification of Crane Operators or any other organization found
by the Board to offer an equivalent testing and certification program
meeting the requirements of the American Society of Mechanical Engineers
ASME B30.5 and the accreditation requirements of the National Commission
for Certifying Agencies.
CRANE, AS USED IN THIS SECTION
Shall be defined in accordance with N.J.S.A. 45:26-1 through
45:26-17 (Licensure of Crane Operators Act), hereafter referred to
as the Crane Operator Licensure Act and the 1926 OSHA Crane and Derricks
in Construction also known as OSHA Subpart CC.
CRANE OPERATOR
Shall mean an individual engaged in the operation of a crane.
PRACTICAL EXAMINATION
Shall mean an examination demonstrating the applicant's ability
to safely operate a particular category or type of crane. Practical
examinations shall be conducted for the following crane categories:
the lattice boom crawler cranes (LBC) lattice boom truck cranes (LBT),
telescopic boom cranes (TLL, Swing Cab) & (TSS, Fixed Cab), tower
cranes and overhead cranes.
[Ord. No. 1466-15-16]
a. Five days before any crane operator, contractor or other person or
company initiates the use of a crane within the municipality, a permit
shall be obtained. In emergent situations, the Building Inspector
may waive this requirement in his or her own discretion if the operator
meets the balance of the requirements of this section.
b. The permit will be maintained with the municipality as well as with
the crane operator at all times; a copy of the permit shall be produced
on the work site when requested.
c. The following documents must be provided to the municipality in order
to be granted a permit:
1. Copy of crane operator certificate from one of the following organizations:
(a)
National Commission for the Certification of Crane Operators
(NCCCO).
(b)
Operating Engineers Certification Program (OECP).
(c)
Crane Institute of America certification.
2. New Jersey crane license.
3. Current medical examiner's card.
4. A copy of the most-recent and current proof of inspection (crane
owner).
5. Insurance requirements. The applicant shall provide proof of insurance
utilizing a certificate of liability insurance or other method acceptable
to the Borough of Little Ferry with the following limits:
[Amended 5-15-2018 by Ord. No. 1496-7-18]
(a) Commercial general liability: $5,000,000 each occurrence combined
single minimum limit written on an occurrence basis, covering bodily
injury, property damage, and personal and advertising injury, without
any endorsements that limit or restrict coverage. Coverage shall include
premises/operations, independent contractors, and products/completed
operations with contractual liability and be written by an insurance
carrier with an AM Best rating of "A" or better. The Borough of Little
Ferry, their officers, officials, agents, employees and consultants
shall be named as an additional insured under the policy.
6. Proof that crane operator submits to a random drug testing program.
7. Proof of completion of signal person qualification or certification
course.
d. Upon receipt of a properly completed application and compliance with
the requirements of this section, the Building Department shall issue
or deny the requested permit within five business days. If the application
is denied, the reasons for the denial are furnished to the application
in writing.
[Ord. No. 1466-15-16]
a. Licensure of Crane Operators, Pursuant to N.J.S.A. 45:26-7. No person
shall engage in the operation of a crane, offer himself for employment
as a crane operator or otherwise act, attempt to act, present or represent
himself as a crane operator unless licensed as such under the provisions
of this Act (N.J.S.A. 45:26-7).
b. A crane operator's license shall be valid only in conjunction with
a current certification and only in the specialty or specialties for
which the crane operator is certified. The specialties are lattice
boom crawler crane (LBC), lattice boom truck crane (LBT), telescopic
boom cranes (TLL, Swing Cab) & (TSS, Fixed Cab), tower cranes
and overhead cranes.
c. To be eligible for a license as a crane operator in the municipality,
an applicant shall fulfill the following requirements:
1. Be at least eighteen (18) years of age;
2. Receive certification from the National Commission for the Certification
of Crane Operators or any other organization found by the Board to
offer an equivalent testing and certification program meeting the
requirements of the American Society of Mechanical Engineers ASME
B30.5 and the accreditation requirements of the National Commission
for Certifying Agencies;
3. Have at least one thousand (1,000) hours of crane-related experience;
and
4. Maintain a current medical examiner's certification card.
d. The crane operator should reside in the municipality. If not, they
should reside in the same county as the municipality is located. The
crane operator must reside in New Jersey.
[Ord. No. 1466-15-16]
The permit fee for each crane shall be one hundred ($100) dollars.
Each permit is valid for sixty (60) days and may be extended and/or
renewed provided that compliance with the requirements of this section
continues to be met. Fee for an extended or renewal permit is fifty
($50) dollars.
[Ord. No. 1466-15-16]
The owner of the building shall immediately notify the municipality
of every accident causing personal injury or damage to property involving
a construction crane covered by this section and shall afford the
municipal official every facility for investigating such accident.
When an accident involves the failure, breakage, damage or destruction
of any part of the apparatus, it shall be unlawful to use such device
until after an examination by the municipality is made and approval
of the equipment for continued use is granted. It shall be the duty
of the municipality to make a prompt examination into the cause of
the accident and to enter a full and complete report thereof in the
records of the municipality. Such records shall be open for public
inspection during regular business hours.
[Ord. No. 1466-15-16]
a. All crane equipment shall be kept in safe working condition at all
times by the owner and licensee.
b. If any safety or operational aid used or required to be used in connection
with the operation of a crane is not working properly, the person
operating such crane shall immediately shut down the crane until such
time that the required safety or operational aid is repaired or replaced
and the crane is restored to property working order.
c. Any and all safety requirements promulgated by the Board, Commissioner,
or municipality must be adhered to at all times.
d. Every crane shall be thoroughly inspected by a competent designated
employee or authorized agent of the owner or lessee of such mobile
crane, tower crane or derrick at intervals not exceeding one month.
Such inspection shall include but not be limited to all blocks, shackles,
sheaves, wire rope, connectors, and various devices on the master
boom, controls and breaking mechanisms.
e. A written, dated and signed record of each such inspection shall
be completed by the competent designated employee or authorized agent
who made the inspection. The most recent record of such inspection
shall be posted inside the cab of such crane and shall be filed with
the municipality. Attached to such record of inspection shall be a
written designation naming the competent employee or authorized agent.
Such attached designation shall be signed by the owner or lessee of
such.
f. Every crane shall be inspected before being erected or operated for
the first time on any job.
g. Adjustments and repairs to cranes shall be made only by competent
designated persons.
[Ord. No. 1466-15-16]
a. The Municipal Council may issue rules and regulations for the administration
of the provisions of this section.
b. The provisions of this section shall be enforced by the Building
Department.
[Ord. No. 1466-15-16]
a. Any crane which is or hereafter becomes unsafe or otherwise dangerous
to human life or public safety, or which involves inadequate maintenance
shall be deemed in unsafe condition by the Municipal Engineer. All
unsafe cranes shall be taken down or removed or made safe, as the
Municipal Engineer deems necessary and as provided for in this section.
b. The Municipal Engineer shall cause a report to be filed on an unsafe
crane. The report shall state the nature of the unsafe condition.
c. If an unsafe condition is found, the Municipal Engineer shall serve
on the owner, agent or person in control of the crane, a written notice
that describes the condition being unsafe and specifies the required
repairs or improvements to be made to abate the unsafe condition.
Such notice shall require the person thus notified to declare immediately
to the Municipal Engineer exceptions or rejection of the terms of
the order.
d. Such order shall be deemed properly served if a copy is delivered
to the owner personally, or sent by certified or registered mail addressed
to the owner at the last known address with the return receipt requested.
If a certified or registered letter is returned showing that the letter
has not been delivered, a copy shall be posed in a conspicuous place
in or on the structure affected by such notice. Service of such notice
in the foregoing manner upon the owner's agent or upon the person
responsible for the crane shall constitute service of notice upon
the owner.
e. The equipment determined to be unsafe by the Municipal Engineer may
be restored to a safe condition. To the extent that repairs, alterations
or additions are made during restoration of such equipment, such repairs,
alterations or additions shall comply with all applicable codes.
f. Any person who refuses or neglects to comply with the requirements of an order to abate an unsafe condition shall be subject to a fine or imprisonment in accordance with subsection
13-12.9.
[Ord. No. 1466-15-16]
a. Any person who operates a crane without meeting the requirements
of this section or any rule or regulation promulgated thereunder shall
be subject to a fine of not less than $1,000 and no more than $10,000
for each violation. Each day of illegal operation shall constitute
a separate and distinct offense.
b. Any person or company who employs an unlicensed person as a crane
operator or who permits or directs an unlicensed person to operate
a crane shall be subject to a fine of not less than $2,000 nor more
than $20,000 for each violation. Each day of illegal operation shall
constitute a separate and distinct offense.
[Added 5-15-2018 by Ord.
No. 1496-7-18]
The applicant shall provide the Borough of Little Ferry a written
agreement acceptable to the Borough of Little Ferry indemnifying and
holding harmless the Borough of Little Ferry, including its officers,
officials, agents and employees, from and against any loss, damage,
liability, judgment or demand, including attorneys' fees and defense
costs, which arise out of injuries to persons, including death, or
damage to property caused by that party, his employees, agents, subcontractors
or any other person or persons.