[Ord. 19-1976, S
1; Ord. No. 2015-14]
There is hereby established, in the Borough of Flemington, a
State Uniform Construction Code enforcing agency to be known as The
Flemington Building Department, 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.
[Ord. 19-1976, S
1; Ord. No. 2015-14]
Each official position created in subsection 9A-1.1 hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, C. 217, N.J.S.A. 52:27D-119 et seq., as amended by N.J.A.C. 5:23, providing that, in lieu of any particular subcode official, an onsite inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person: provided that such person is qualified pursuant to P.L. 1975, C. 217, N.J.S.A. 52:27D-119 et seq., and N.J.A.C. 5:23 to hold each such position.
R.S. 52:27D-119 et seq. provide for the enforcement of New Jersey's
uniform construction codes by the municipalities.
[Ord. 19-1976, S
1; Ord. No. 2015-14]
The public shall have the right to do business with the enforcing
agency at one office, namely 38 Park Avenue, Flemington, New Jersey,
except for emergencies, and unforeseen or unavoidable circumstances.
[Ord. 19-1976, S
2; Ord. No. 2015-14]
Persons aggrieved by decisions of the enforcing agency may appeal
such decision to the Construction Board of Appeals established by
the Board of Chosen Freeholders of Hunterdon County.
[Ord. 19-1976, S 3; Ord. 8-1977; Ord. 7-1978, S 1; Ord. 13-1979,
S 2; Ord. 14-1979, SS 2, 3; Ord. 5-1990, SS 1, 2; Ord. 19-1993, S
1; Ord. 6-1996, S 1; Ord. 17-1998, S I; Ord. 22-2001; Ord. No. 2015-14; amended 6-12-2023 by Ord. No. 2023-19; 8-14-2023 by Ord. No. 2023-21; 11-27-2023 by Ord. No. 2023-32]
a.
General.
1.
The fee for plan review may be paid at the time of application for
a permit. The amount of this fee, if prepaid, shall then be deducted
from the amount of the fee due for a construction permit, when the
permit is issued. Plan review fees are not refundable.
2.
The fee to be charged for a construction permit will be the sum of
the basic construction fee plus all applicable special fees, such
as elevator or sign fees. This fee shall be paid before a permit is
issued.
3.
The fee to be charged for a certificate of occupancy shall be paid
before a certificate is issued. This fee shall be in addition to the
construction permit fee.
4.
The minimum fee for all subcode fees shall be $75.
b.
Flemington Building Department fees shall be as follows:
1.
Plan review fee. The fee for plan review shall be $100 per hour (with
an established minimum of one-half hour), except that elevator device
plan review shall be as set forth in N.J.A.C. 5:23-4.20(c)6 and 7.
The plan review fee for updates and as-builts shall be $100 per hour
(with an established minimum of one-half hour).
2.
The basic construction fee shall be the sum of the parts computed
on the basis of the volume or cost of construction, the number of
plumbing fixtures and pieces of equipment, the number of electrical
fixtures and devices and the number of sprinklers, standpipes and
detectors (smoke and heat) at the unit rates provided herein plus
any special fees.
3.
Building volume or cost: The fees for new construction
or alteration are as follows:
(a)
New construction.
(1)
For new construction in Residential Use Groups U, R-3, R-4,
and R-5, $0.045 per cubic foot of building or structure volume, provided
that the minimum fee shall be $200.
(2)
For new construction in Commercial Use Groups A, B, E, F, H,
I, M, S and U, $0.040 per cubic foot of building or structure volume
up to 100,000 cubic feet and $0.020 per cubic foot over 100,000 cubic
feet provided the minimum fee shall be $200.
(b)
Renovations, alterations and repairs.
(1)
For renovations, alterations and repairs in Residential Use
Groups U, R-3, R-4 and R-5, $30 per each $1,000 of actual construction
cost provided the minimum fee shall be $60.
(2)
For renovations, alterations and repairs in Commercial Use Groups
A, B, E, F, H, I, M, S and U, $30 per each $1,000 of actual construction
cost provided the minimum fee shall be $100.
(c)
Additions.
(1)
For additions in Residential Use Groups U, R-3, R-4 and R-5,
$0.045 per cubic foot of building or structure volume provided that
the minimum fee for Residential Use Groups R-3 and R-4 shall be $50
and the minimum fee for Residential Use Groups U involving less than
1,000 cubic feet of building or structure volume, $60.
(2)
For additions in Commercial Use Groups A, B, E, F, H, I, M,
S and U, $0,040 per cubic foot of building or structure volume up
to 100,000 cubic feet and $0.015 per cubic foot over 100,000 cubic
feet provided the minimum fee shall be $200.
4.
Fees for combination renovations and additions shall be computed
at the sum of the fees computed separately in accordance with paragraphs
3(b) and 3(c) above.
5.
Fees for the construction of in ground swimming pools shall be $350
and $100 for above ground pools; these fees are in addition to any
required electrical and plumbing subcode fees.
6.
Fees for pool barriers and fencing over six foot shall be $100.
7.
Fees for the construction of decks in Residential Use Groups R-3,
R-4 and R-5 shall be $10 per each $1,000 of actual construction cost
provided the minimum fee shall be $75; the fees for decks shall include
the three required inspections.
8.
Re-roofing, re-siding, and siding for use groups R-3, R-4, and R-5
is a flat fee of $75. All other use groups the fee is $20 per thousand
of estimated cost.
9.
Fees for retaining walls over four feet in height (measured from
bottom of footing to top of finished wall) shall be $150 for residential
structures less than 550 square feet; the fee shall be $250 for residential
structures over 550 square feet; the fee for all other use groups
shall be $30 per cubic foot over 1,000 of actual construction cost.
c.
Plumbing Subcode Fees.
1.
The minimum Plumbing Subcode fee shall be $50 for the R-2 Use Group,
$50 for the R-3 and R-5 Use Groups, and $100 for all other use groups.
All other fees shall be as stated below.
(a)
The fee shall be $13 per drip pan, humidifier, whirlpool tub, combustion
air fixture, vent or stack. For the purpose of computing this fee,
"fixtures, vents or stacks" shall include, but not be limited to,
water closets, urinals, bidets, lavatories, sinks, showers, floor
drains, washing machines, dishwashers, hose bibs, drinking fountains,
indirect waste or water connections, residential solar systems, roof
drains, storm drains, leaders, sump pumps and conductors.
(b)
The fee shall be $75 per special device. For the purpose of computing
the fee, "special devices" shall include, but not be limited to, sewage
ejectors, gas piping, water-conditioning equipment, grease, oil, sand
or other-type inceptors, backflow devices, booster pumps, water heaters,
heat exchangers, boilers or furnaces, air-conditioning units, refrigeration
systems and solar systems.
(c)
The minimum fee shall be charged for each residential sewer, septic
and water utility connection. The fee for commercial, industrial and
private on-site sanitary and storm sewers, domestic water lines and
combination mains shall be $75 for up to and including the first 100
feet. Each additional 10 feet or portion thereof shall be an additional
$20 per 10 feet or portion thereof.
(d)
The minimum fee shall be charged for each of the following: furnace,
water heater, swimming pool water heater, water heater coil, ultraviolet
system, central air conditioning, hydronic piping, refrigeration piping,
pool drains, steam shower units, backflow preventer reports and tempering
valves. Gas piping, liquefied petroleum gas piping and fuel oil piping
shall be the minimum fee and includes provisions for the installation
of up to four appliances. The fifth and each additional appliance
shall be an additional $13 fee.
(e)
The fee shall be $140 for each new or replacement complete hot water
and steam boiler system installation consisting of a boiler, backflow
preventer, temperature mixing valve control, domestic hot water coil
or external water maker coil unit and tank, combustion air or any
combination thereof.
(f)
The minimum fee shall be for single boiler hydronic piping for the
R-5 Use Group. For all other use groups, the minimum fee shall be
per floor of each structure.
(g)
The minimum fee shall be per unit for commercial-industrial refrigeration
piping.
d.
Mechanical Subcode Fees.
1.
The minimum Mechanical Subcode fees, which are only applicable to
the R-3 and R-5 Use Groups, shall be $75. The fees shall otherwise
be as follows:
(a)
The fee for the replacement of an individual mechanical device shall
be the minimum fee for the first device, and 50% of the minimum fee
for each additional device, and shall include inspection for required
combustion air. Exceptions to this fee are as follows:
(b)
No separate fee shall be for existing gas, fuel oil, or water piping
connections associated with the mechanical equipment inspected.
(c)
A flat fee of $140 shall be for each new or replacement complete
HVAC system installation, consisting of a furnace, compressor, A-coil,
drip pan, condensate pump or discharge line, humidifier, combustion
air, or any combination thereof.
e.
Electrical Subcode Fees.
1.
The minimum Electrical Subcode fee shall be $50 for the R-2 Use Group,
$50 for the R-3 and R-5 Use Groups, and $100 for all other use groups.
All other fees shall be as stated below:
(a)
The fee for electrical fixtures and devices, for the first 50 fixtures
or switches, shall be the $50. Each additional 20 receptacles, fixtures,
switches or portion thereof shall be $10. For the purpose of computing
this fee, "receptacles, fixtures or switches" shall include lighting
outlets, smoke detectors, heat detectors, fluorescent fixtures and
receptacles, thermostats, or motors of less than one horsepower.
(b)
The fee for alarm systems shall be as follows:
(1)
For the R-2 Use Group, the fee for the first 10 devices shall
be $50; each additional 20 devices shall be $10.
(2)
For R-3 and R-5 Use Groups, the fee for the first 10 devices
shall be $50; each additional 20 devices shall be $10.
(3)
For all other use groups, the fee for the first 10 devices shall
be $50; each additional 20 devices shall be $10.
(c)
The fee for data systems shall be as follows:
(1)
For the R-2 Use Group, the fee for the first 10 devices shall
be $55; each additional 20 devices shall be $10.
(2)
For R-3 and R-5 Use Groups, the fee for the first 10 devices
shall be $50; each additional 20 devices shall be $10.
(3)
For all other use groups, the fee for the first 10 devices shall
be $50; each additional 20 devices shall be $10.
(d)
The fee for in-floor heating systems shall be the minimum fee for
the first five kilowatts. Each additional five kilowatts shall be
50% of the minimum fee.
(f)
The fee for electrical devices, transformers and generators shall
be the minimum fee or as follows:
(1)
From one to 10 kilowatts: $20.
(2)
From 10.1 to 50 kilowatts: $55 for the R-2 Use Group, $60 for
R-3 and R-5 Use Groups, and $100 for all other use groups.
(3)
From 50.1 to 100 kilowatts: $110 for the R-2 Use Group, $120
for R-3 and R-5 Use Groups, and $200 for all other use groups.
(4)
From 100.1 to 500 kilowatts: $330.
(5)
Over 500 kilowatts: $330, plus $120 for each additional 100
kilowatts or portion thereof over 500 kilowatts.
(g)
For the purpose of computing the fee, typical electrical device sizes
are listed below, but the proper kilowatt rating for the applied-for
device must be noted on the application so that the proper fee can
be assessed. This typical list is by no way all inclusive.
(h)
The fee for low-voltage service equipment, including service panels,
subpanels and service entrances, shall be as follows:
(i)
High-voltage service over 600 volts shall be $500.
(j)
Construction of temporary pole service shall be $50.
(k)
(l)
Trailer connections shall be $50.
f.
Fire Subcode Fees.
1.
The minimum Fire Subcode fee shall be $50 for the R-2 Use Group,
$50 for the R-3 and R-5 Use Groups, and $75 for all other use groups.
All other fees shall be as stated below:
(a)
Sprinkler heads shall be as follows:
(1)
One to five sprinkler heads: the minimum fee.
(2)
From six to 20 sprinkler heads: $100.
(3)
From 21 to 100 sprinkler heads: $150.
(4)
From 101 to 200 sprinkler heads: $250.
(5)
From 201 to 400 sprinkler heads: $625.
(6)
From 401 to 1,000 sprinkler heads: $850.
(7)
From 1,001 to 1,400 sprinkler heads: $1,100.
(8)
From 1,401 to 1,800 sprinkler heads: $1,350.
(9)
Over 1,800 sprinkler heads: $1,600.
(b)
Standpipe system shall be $300 for each riser.
(d)
Fire pumps shall be $200 each.
(e)
Private fire hydrants shall be $100 each.
(f)
Fire Department connection installation shall be $100.
(h)
Fire alarms shall be as follows:
(1)
Alarm, supervisory, monitoring
modules and signaling devices shall be:
[a]
For the R-2 Use Group, the fee shall be $50 for the first 12
devices and $5 for each additional 10 devices.
[b]
For R-3 and R-5 Use Groups, the fee shall be $50 for the first
12 devices and $5 for each additional 10 devices.
[c]
For all other use groups, the fee shall be $75 for the first
12 devices and $10 for each additional 10 devices.
(2)
Control panels and booster panels shall be $100 each.
(i)
Pre-engineered wet chemical, FM-200, carbon dioxide, INERGEN®
and foam systems shall be $100 each.
(j)
Smoke control systems shall be $275 each.
(k)
Heat producing devices, including prefabricated fireplaces, fireplace
inserts, solid-fuel stoves, pellet stoves, furnaces, metal chimneys,
chimney liners, chimney repairs and generators, shall be $75.
(l)
Commercial kitchen exhaust systems and hazardous exhaust systems
shall be $220 each.
(n)
Installation of water storage tanks shall be $250 each for all use
groups.
(o)
Removal of an underground storage tank shall be $75 each.
(q)
Installation of CO2 cylinders shall be $100
for the first 100 pounds and $50 for each additional 100 pounds or
portion thereof.
(r)
The installation of any Emergency Responder Radio Communications
System or system to enhance radio coverage shall be $400 for each
system.
g.
Certificates and other permits:
1.
The fee for demolition shall be $200 for one- and two-family structures.
The fee for demolition shall be $30 per each $1,000 of actual construction
cost, provided the minimum fee shall be $250.
2.
The owner of the building to be demolished or person applying for
a demolition permit shall provide a cash or paper bond in an amount
one and one-half times the estimated cost of the demolition, clearing
and filling in of the site which shall require the completion of the
work, and the clearing and filling in of the site and shall protect
and indemnify the borough against loss or damage; upon satisfactory
completion of the work, the bond shall be returned.
3.
The fee for a permit to move a building or structure from one lot
to another or to a new location on the same lot shall be $100 plus
$10 per each $1,000 of the actual cost of the new foundation; the
owner of the building to be moved or the person applying for the permit
shall furnish a cash or paper bond in the amount of one and one-half
times the cost of moving, filling and grading of the lot, and foundation
construction which shall require the completion of the work and the
restoration of the site; upon satisfactory completion of the work,
the bond shall be returned.
4.
The fee for a certificate of occupancy or approval shall be in the
amount of 10% of the total construction permit fee.
5.
The fee for a certificate of occupancy for a change of use group
and certificate of continuing occupancy shall be $100.
6.
The fee for a temporary certificate of occupancy for each construction
trailer for up to six months shall be $100.
7.
The fee for a permit to construct a sign shall be in the amount of
$3 per square foot surface area of the sign computed on one side only
for double faced signs, provided that the minimum fee shall be $75.
8.
The fee for a special event permit involving tents at local parks
shall be $50 per each tent up to 10 tents and $500 over 10 tents.
9.
The fee for temporary structures other than tents and trailers shall
be $200 each structure.
10.
The fee for footing and foundation on any new building shall be $100,
50% of which will be used for credit on the update.
11.
The fee for sheds 200 square feet and over, over 10 feet in height,
or any size with utilities attached shall be $200.
12.
The fee for gazebos and prefab pool houses without footing and foundation
shall be $200.
13.
The fee for photovoltaic systems for one- and two-family structures
shall be $300.; the fee for all other use groups shall be $30 per
$1,000 of actual construction cost.
14.
The fee for asbestos and lead abatement shall be $200.
i.
Construction Records Clearance (CRC).
1.
When required. A construction records clearance (CRC) shall be required
prior to the sale or change of tenant of any residential or commercial
structure. In that event, there shall be no change in occupancy of
a building or structure, in whole or part, prior to the issuance of
a CRC.
2.
Responsibility. No owner shall permit the sale of a residential or
commercial premise covered under this section unless the requisite
CRC has been issued. No purchaser or new tenant shall occupy any premises
covered under this section until the requisite CRC has been issued.
Owners and occupants shall be jointly and separately responsible for
failure to obtain the requisite CRC required hereunder. The owner
or his authorized agent shall submit a written application and payment
of fees at least two months prior to the change of ownership and/or
occupancy on the form provided by the Township.
3.
Preoccupancy records search. Prior to the issuance of any such certificate
for any transaction, the enforcing agency shall conduct a records
search to ensure that there are no open construction permits on subject
premises. Should there be open permits on subject premises, all necessary
inspections, payment of fees due, and prior approvals shall be obtained
and appropriate Uniform Construction Code certificates shall be issued
prior to issuance of the CRC. The Construction Official may, at his
discretion, exempt any active and ongoing permits or projects from
the CRC.
4.
Fees. The applicant shall submit with the application the fee for
the CRC to cover the administrative cost in accordance with the following
schedule based on the number of days prior to closing or occupancy
change:
5.
Validity. The CRC will only be valid for a period of 90 days and
shall only apply to any permits issued prior to the CRC application
and shall not apply to any permit applications submitted after the
CRC application.
6.
Violations and penalties.
(a)
Any person, firm or corporation violating any provisions of this
section shall, upon conviction, be punishable by a fine not exceeding
$2,000, imprisonment for a period not exceeding 90 days and/or a period
of community service not exceeding 90 days.
(b)
The issuance of a CRC shall not preclude the imposition of penalties
upon subsequent discovery of violations.
(c)
Certificates are valid for all permits issued up to the date of the
CRC certificate issuance and must be renewed for each sale or occupancy
change.
[Ord. 19-1976, S 4; Ord. 5-1990, SS 1, 2; Ord. 19-1993, S
2; Ord. No. 2015-14]
On or before February 10 of each year, the Construction Official
shall, with the advice of the subcode officials and in consultation
with the Municipal Finance Officer, prepare and submit to the Mayor
and Borough Council a report detailing the receipts and expenditures
of the Flemington Building Department and indicating his recommendations
for a fee schedule, based on the operating expense of the agency.
[Ord. 19-1993, S 3; Ord. No. 2015-14]
In order to provide for the training and certification and technical support programs, the Flemington Building Department shall collect in addition to the fees set forth in Section 9A-3 a surcharge fee to be based upon the volume of new construction within the Borough of Flemington. Said fee shall be accounted for and forwarded to the Bureau of Housing Inspection in the manner herein provided. This fee shall be in the amount of $0.0016 per cubic foot volume of new construction and $0.80 per each $1,000.00 of actual construction cost for renovations, alterations and repairs. The above fees shall be remitted to the Bureau of Housing Inspection on a quarterly basis.
[Ord. No. 2015-20]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Flemington, so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. No. 2015-20]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein,
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Flemington or other public body and
is designed and used for collecting and conveying stormwater,
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries and all springs, streams
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2015-20]
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 of any surface that is in
direct contact with an existing storm drain inlet on that property
unless the storm drain inlet either:
[Ord. No. 2015-20]
Storm drain inlets identified in subsection 9A-10.2 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this section, "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.
Grates.
1.
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:
(a)
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
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches or is no greater than
0.5 inch across the smallest dimension.
2.
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 square inches or be no greater than two inches across
the smallest dimension.
c.
This standard does not apply:
1.
Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end-of-pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New-Jersey-Register-listed
historic property.
[Ord. No. 2015-20]
This section shall be enforced by the Borough Police Department
and/or the Construction Official of the Borough of Flemington.
[Ord. No. 2015-20]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not exceeding $2,000, imprisonment
for a period not exceeding ninety (90) days and/or a period of community
service not exceeding ninety (90) days for each storm drain inlet
that is not retrofitted to meet the design standard.
