[Ord. #1652, § 1A]
a. There is hereby established in the township a State Uniform Construction
Code Enforcing Agency to be known as Lyndhurst Construction 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.
b. Each official position created in paragraph a hereof shall be filled
by a person qualified for such position pursuant to P.L. 1975, C.
217 as amended and N.J.A.C. 523; 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 such official position
may be held by the same person; provided that such person is qualified
pursuant to P.L. 1975, C. 217 and N.J.A.C. 5:23 to hold each such
position.
c. The public shall have the right to do business with the enforcing
agency at one office location except for emergencies, and unforeseen
or unavoidable circumstances.
[Ord. #1652, § 2]
Appeals from decisions of the enforcing agency shall be taken to the Bergen County Construction Board of Appeals pursuant to Chapter 217, Laws of New Jersey, 1975, Title 5, and Chapter
23 of the New Jersey Administrative Code.
[Ord. #1652, § 3A; Ord. #1677, § 2;
Ord. #1776; Ord. #1799, § 5; Ord. #1978, § 1;
Ord. #2146, § I; Ord. #2212, § I; Ord. #2250,
§ I; Ord. #2333, § I; Ord. #2365, § I;
Ord. #2404, § I; Ord. #2542, § I; Ord. No. 2579, § 1; Ord. #2605, § 1;
Ord. #2757, § 1; Ord. #2826-11, § 1; Ord. #2875-12,
§ 1; amended 5-10-2022 by Ord. No. 3113-22; 4-11-2023 by Ord. No. 3150-23]
a.
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The fee for a construction permit shall be the sum of the subcode
fees listed in paragraphs a1 through a4 hereof and shall be paid to
the Lyndhurst Construction Department before the permit is issued.
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1.
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Building Subcode Fees. The Building Subcode Fees shall be:
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(a)
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New construction:
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(1)
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Residential structures
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$0.038 pcf.
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Minimum fee shall be
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$250
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(2)
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Accessory residential structures
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Private garages etc.
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$0.0165 pcf
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Residential sheds (200 sq. ft. or less)
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$100
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(3)
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Commercial/industrial/business structures
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$0.038 pcf
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Minimum fee shall be
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$300
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(4)
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Accessory structures, all other uses
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$0.038 pcf
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Minimum fee shall be
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$200
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(5)
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The unit rate for large, open-volume, single-story spaces in
buildings, such as barns, silos, greenhouses, warehouses, distribution
centers, and other agricultural, and storage use occupancies, shall
be less than the unit rate for other types of buildings and occupancy
classifications. For the purpose of calculating the volume to determine
the fee for these spaces, the height shall be limited to 20 feet notwithstanding
the fact that the actual height of the space may be greater than 20
feet.
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(b)
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Alterations, wood burning stoves, walls:
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(1)
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Estimated cost up to $1,000
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$75
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(2)
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Plus each additional $1,000 over first $1,000 or any portion
thereof of estimated cost
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$15
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(c)
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Swimming pools:
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(1)
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Above-ground
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$100
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(2)
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In-ground
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$250
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(d)
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Fences: Over 6 feet
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$75
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(e)
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Signs (per sign):
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(1)
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Under 24 sq. feet
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$75
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(2)
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Over 24 sq. feet
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$125
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(f)
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Re-roof (nonstructural):
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(1)
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One and two-family
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$75
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(2)
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All others up to $5,000 of estimated cost
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$150
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(3)
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Each additional $5,000 of estimated cost
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$10
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(g)
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Tank installation:
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(1)
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Residential one and two-family each
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$150
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(2)
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All other uses each
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$250
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(h)
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Demolition:
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(1)
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Residential accessory building
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$75
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(2)
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One and two family dwellings
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$150
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(3)
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All other uses
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$500
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(4)
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Tank removal (residential) each one- and two-family
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$125
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(5)
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Tank removal (all other uses) each
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$250
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(i)
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Certificate of occupancy:
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New building
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$100
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Plus each unit and tenant
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$50
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(j)
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Certificate of continued occupancy:
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(1)
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One family
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$100
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(2)
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Two family
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$150
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(3)
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All other residential uses (first two units)
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$150
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(4)
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All other residential uses (each residential unit three or over)
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$50
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(5)
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Mercantile, per unit
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$150
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(6)
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Commercial, per unit
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$150
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(7)
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Over 5,000 sq. feet
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$200
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(8)
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Over 10,000 sq. feet
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$300
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(k)
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Certificate of approval:
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For each UCC permit issued, for each subcode except for when
a certificate of occupancy is required on said permit, then only the
building subcode certificate of approval is exempt
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$9
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(l)
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Elevators:
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(21)
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Elevators in the Township of Lyndhurst shall be installed and
inspected in accordance with N.J.A.C. 5:23-12, et seq. The fees for
inspections and tests of elevator devices shall be in accordance with
the requirements N.J.A.C. 5:23-12.
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(2)
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The fee for the installation of a new elevator device in structures
not in use group R-3, R-4, R-5, or an exempted R-2 shall be
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$300
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(3)
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The departmental fees for witnessing acceptance tests and performing
inspections on new and altered elevator devices shall be as follows:
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[a]
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Traction and winding drum elevators:
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[1]
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One to 10 floors
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$340
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[2]
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Over 10 floors
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$567
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[3]
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Hydraulic elevators
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$302
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[4]
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Roped hydraulic elevators
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$340
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[5]
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Escalators, moving walks
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$302
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[6]
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Dumbwaiters
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$76
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[7]
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Stairway chairlifts, inclined and vertical wheelchair lifts,
and manlifts
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$76
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(m)
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Moving of building
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$200
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(n)
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Asbestos removal:
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(1)
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Cost of removal
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$100
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(2)
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Certificate of occupancy after removal
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$75
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(o)
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Driveway, curbcut and/or apron (collectively)
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$50
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(p)
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Change of contractor
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$50
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(q)
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Contractor's registration license
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$50
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(r)
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Zoning application
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$50
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2.
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Plumbing Subcode Fees. The Plumbing Subcode Fees shall be:
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(a)
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New or replacement first fixture:
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(1)
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One and two family
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$30
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(2)
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All other uses
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$80
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(b)
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New house sewer connection:
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(1)
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One and two family
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$150
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(2)
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All other uses
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$150
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(c)
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Replacement sewer connection:
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(1)
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One and two family
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$150
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(2)
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All other uses
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$150
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(d)
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Repair sewer:
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(1)
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One and two family
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$150
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(2)
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All other uses
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$150
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(e)
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New water service line - curb to building:
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(1)
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One and two family
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$150
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(2)
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All other uses
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$150
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(f)
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Replace water service line to building
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$150
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(g)
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New or replacement hot water heater:
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(1)
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One and two family
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$100
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(2)
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All other uses
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$150
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(h)
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New or replacement refrigeration equipment - air conditioning
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$150
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(i)
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Grease traps and similar devices
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$150
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(j)
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New/replacement industrial heating equipment to sewer/potable
water
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$250
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(k)
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New/replacement domestic heating equipment to sewer/potable
water
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$150
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(l)
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Gas/fuel oil piping
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$50
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(m)
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Annual testing of commercial backflow preventors
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$75
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(n)
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Lawn sprinkler installations:
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(1)
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Residential
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$45
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(2)
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All other uses
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$100
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3.
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Electrical Subcode Fees. Electrical subcode fees shall be:
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(a)
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Furnace - Boiler, oil, gas and air handlers:
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(1)
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One and two family
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$30
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(2)
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All other uses
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$60
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(b)
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Wiring, switches, lighting, and receptacles:
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(1)
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1 to 25
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$60
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(2)
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Each additional 25 or portion thereof
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$20
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(3)
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30 amp to 70 amp outlets
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$30
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(4)
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Over 71 amp and above
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$60
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(c)
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Motor schedule:
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(1)
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Less than 1 hp
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$20
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(2)
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1 hp to 10 hp
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$30
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(3)
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10.1 hp to 35 hp
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$92
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(4)
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36 hp to 100 hp
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$150
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(5)
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100.1 hp and up
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$640
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(d)
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Commercial light poles parking lots:
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(1)
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1-5
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$100
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(2)
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Each additional pole
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$20
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(e)
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Swimming pools:
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(1)
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Above-ground
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$75
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(2)
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In-ground
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$125
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(3)
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Equipotential bonding
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$75
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(f)
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Service meter equipment, feeders, sub-panels:
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(1)
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Not over 224 amp service
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$60
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(2)
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225 amp to 600 amp
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$150
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(3)
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601 amp to 1,000 amp
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$250
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(4)
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Over 1,000 amp
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$640
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(g)
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Transformers:
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(1)
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Less than 1 KVA
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$20
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(2)
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1 KVA to 10 KVA
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$30
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(3)
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10.1 KVA to 35 KVA
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$92
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(4)
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36 KVA to 100 KVA
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$150
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(5)
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Over 100 KVA
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$640
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(h)
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Electric sign:
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(1)
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Electric sign
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$75
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(i)
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Electrical safety inspection (public pools, hot tubs, spas,
etc.):
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(1)
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First pool
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$100
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(2)
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More than one each
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$50
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(j)
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Inspection for reintroduction of power
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$75
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(k)
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Fire/burglar alarm system:
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(1)
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Residential
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$50
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(2)
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Commercial
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$75
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(3)
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Each additional 25 devices
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$20
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(l)
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Communication wiring:
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(1)
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1 to 25 devices
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$80
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(2)
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26 to 50 devices
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$105
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(3)
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51 to 75 devices
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$130
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(4)
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76 to 100 devices
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$155
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(5)
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101 to 125 devices
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$180
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(6)
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126 to 150 devices
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$205
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(7)
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151 to 200 devices
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$230
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(8)
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201 to 225 devices
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$255
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(m)
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Temporary installation
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$125
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(n)
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Minimum inspection fee
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$75
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(o)
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Any fee not listed shall be charged at minimum
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$75
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(p)
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Photovoltaic systems, fuel cells, wind etc., panels, inverters,
disconnect switches, back feed breaker, battery: all charged at size
of equipment (amps, kw, kva)
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4.
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Fire Subcode Fees:
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(a)
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Suppression system all based on sprinkler heads:
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(1)
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1 to 20
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$150
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(2)
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21 to 100
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$300
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(3)
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101 to 200
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$500
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(4)
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201 to 400
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$1,000
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(5)
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401 to 1,000
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$1,500
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(6)
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Over 1,000
Plus $2 for each additional head
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$1,500
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Fire alarm systems single or multiple station smoke or heat
110V residential smoke alarm and CO alarms, the fee shall be $ 50
and each additional dwelling unit $50 per unit.
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(b)
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Suppression system dry chemicals/halon/foam/CO, etc. All uses.
New installation/repair/replacement fees:
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(1)
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Estimated cost $1,000 and below
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$75
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(2)
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Each additional $1,000 or any portion thereof of estimated cost
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$20
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(3)
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Minimum fee
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$80
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(c)
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Standpipes all uses each riser:
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(1)
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Up to and including five stories
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$500
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(2)
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Each riser over five stories
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$50
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(3)
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Minimum fee
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$150
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(d)
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Alarm devices:
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(1)
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One and two family
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$100
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(2)
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All other uses
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$150
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Fire alarm systems. For installation, relocation, or replacement
of any fire alarm panel, annunciation, heat detector, smoke detector,
manual pull devices connected to any automatic or manual fire alarm
system, the fees shall be calculated on the number of individual component
devices as follows:
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(3)
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10 or fewer devices or appliances
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$150
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(4)
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11 to and including 20 devices or appliances
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$250
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(5)
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21 to and including 100 devices or appliances
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$400
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(6)
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101 to and including 200 devices or appliances
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$750
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(7)
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201 to and including 500 devices or appliances
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$1,250
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(8)
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501 or more devices or appliances
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$1,250
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(9)
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Each notification booster
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$75
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Plus $2 per devices or appliance for each device or appliance
beyond 500.
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(e)
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Commercial kitchen hood system including
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$150
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(1)
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Type 1 system(s)
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$300 each
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(2)
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Type 2 system(s)
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$200 each
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(f)
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Photovoltaic or Solar Systems:
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(1)
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Up to 20 KW
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$100
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(2)
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21 KW to 50 KW
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$150
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(3)
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51 KW to 100 KW
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$250
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(4)
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Over 100 KW
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$400
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Plus $50 for every 100 KW or fraction thereof over 100 KW
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(g)
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For gas- and oil-fired heat-producing devices or appliances,
such as but not limited to furnaces, boilers, industrial ovens, processing
equipment, rooftop, package, and other similar devices, the fee shall
be $100 per device or appliance, except that there shall be no charge
for hot water heaters in one- and two-family dwellings.
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(h)
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The fees to be charged for other fire protection devices not
specified above shall be as follows:
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(1)
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The fee on the installation of a solid-fuel-burning device shall
be:
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$100 per device
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(i)
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The fees for the installation, removal, or abandonment of flammable
or combustible liquid storage tanks and dispensing units or pumps
shall be as follows:
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(1)
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The fee for dispensing units or pumps shall be:
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$150 per nozzle
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(2)
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The fee for inside tanks installed for residential heating purposes
in use groups R-3 and R-5 shall be:
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$150 per tank
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(3)
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The fee for the installation, removal, or abandonment of storage
tanks shall be:
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[a]
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0 gallons to 500 gallons capacity
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$150 per tank
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[b]
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501 gallons to 1,000 gallons
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$225 per tank
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[c]
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1,001 gallons to 2,000 gallons
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$300 per tank
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[d]
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2,001 gallons to 5,000 gallons
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$500 per tank
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[e]
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Over 5,000 gallons
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$750 per tank
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(j)
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Fire place/chimney venting
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$75
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(k)
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For emergency responder radio systems, the fee for a survey
shall be $100, and inspection of the base system and one floor of
building coverage shall be $500, plus $150 for each additional floor
of building coverage.
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(l)
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The fees for each fire pump shall be $300.
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(1)
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Up to 500 GPM
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$450
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(2)
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501 GPM to 1,000 GPM
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$600
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(3)
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1,001 GPM to 1,500 GPM
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$1,000
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(4)
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Over 1,500 GPM
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$1,000
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|
|
|
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$100 for every 500 GPM or fraction thereof over 1,500 GPM
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|
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(m)
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The fee for each fire hydrant installed on private property
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$300
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(n)
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The fee for other mechanical systems or equipment regulated
by the Fire Protection Subcode and not specifically listed herein
shall be $100 for the first $1,000 of estimated cost and $25 for each
additional $1,000 of estimated cost.
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(o)
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The minimum Fire Protection Subcode fee shall be:
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$75
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5.
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Special Inspection Fees. Requests for any required code inspection,
either before or after regular Lyndhurst Building Department hours
or on holidays or weekends, shall require a payment at the rate of
$75 per hour with a minimum of four hours, in addition to any established
permit or certificate fees.
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b.
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The construction official shall, with the advice of the subcode
officials, prepare and submit to the board of commissioners, 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.
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c.
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In order to provide for the training, certification, and technical
support programs, required by the Uniform Construction Code Act and
the regulations, the enforcing agency shall collect in addition to
the fees specified above, a surcharge fee in accordance with N.J.A.C.
5:23-4.19.
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d.
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Waiver of Fees.
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1.
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No person shall be charged a construction permit fee or enforcing
agency fee for any construction, reconstruction, alteration or improvement
designed and undertaken solely to promote accessibility by disabled
persons to an owner-occupied premises with not more than three rental
units or any of the facilities contained therein. A "disabled person"
means a person who has the total and permanent inability to engage
in any substantial gainful activity by reason of any medically determinable
physical or mental impairment, including blindness, and shall include,
but is not limited to, any resident of this state who is disabled
pursuant to the Federal Social Security Act (42 U.S.C. § 416),
or the Federal Railroad Retirement Act of 1974 (45 U.S.C. § 231),
or is rated as having a 60% disability or higher pursuant to any federal
law administered by the United States Veterans' Act. "Blindness" means
central visual acuity of 20/200 or less in the better eye with the
use of a correcting lens. An eye which is accompanied by a limitation
in the fields of vision such that the widest diameter of the visual
field subtends an angle no greater than 20° shall be considered
as having a central visual acuity of 20/200 or less.
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2.
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No person shall be charged a construction permit fee or enforcing
agency fee for any construction, reconstruction, alteration or improvement
designed and undertaken for the purpose of repairing, replacing or
correcting any property or facilities damaged, destroyed, or rendered
unusable or inoperable as a result of the "Nor'easter" storm which
occurred on or about April 15, 2007, and which caused flooding and
severe damage to property and created a dangerous and hazardous condition
in the township. This paragraph is urgent and necessary for the immediate
preservation of the public health and safety in order to permit residents
and property owners to expeditiously and efficiently make the required
repairs, replacements and corrections described hereinabove, which
would necessitate that they assume the financial responsibility for
the costs thereof, without incurring the additional financial burden
of the fees described herein. This subsection shall be given retroactive
effect.
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e.
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No person shall be charged a construction permit fee or enforcing
agency fee for any construction, reconstruction, alteration or improvement
designed and undertaken for the purpose of repairing, replacing or
correcting any property or facilities damaged, destroyed, or rendered
unusable or inoperable as a result of Hurricane Irene which occurred
on or about August 28, 2011 and Hurricane Sandy which occurred on
or about October 29, 2012, both of which caused flooding and severe
damage to property and created a dangerous and hazardous condition
in the township. This paragraph is urgent and necessary for the immediate
preservation of the public health and safety in order to permit residents
and property owners to expeditiously and efficiently make the required
repairs, replacements and corrections described hereinabove, which
would necessitate that they assume the financial responsibility for
the costs thereof, without incurring the additional financial burden
of the fees described herein. This subsection shall be given retroactive
effect.
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[Ord. #1652, § 4]
The fire limits contained in Ordinance No. 1264 adopted by the
board of commissioners on April 7, 1960 are hereby incorporated in
this section by reference and are established as fire limits pursuant
to N.J.A.C. 5:23.
[Ord. #2054, § I]
a. The construction department official may revoke or suspend, any construction
permit where he or she determines that a permit holder has unduly
delayed the commencement and/or completion of the construction authorized
by the permit and where he or she finds the following:
1. No construction has been undertaken above the foundation walls within
one year from the time of issuance of the permit; or
2. The construction is not completed with the time period determined
by the construction official pursuant to paragraph b.;
3. No construction has been undertaken within six months of issuance
of the permit.
b. The construction department official shall before issuing a building
permit determine the time period in which the construction authorized
by the permit must be completed. This determination shall be based
upon a review of the time in which comparable construction projects
were completed within the township, assuming that no other circumstances
existed which caused a delay.
[Ord. #2066, § I]
Before issuing a permit under subsection 81.3a1(a), New Construction,
subsection 8-1.3a1(f), Demolition, subsection 8-1.3a1(k), Moving a
Building, or any other permit requiring foundation work, the construction
department shall inspect the property and determine whether the applicant
shall be required to bait for rats and/or to arrange extermination
of insects.
[Ord. #1677, § 1; Ord. #1799, § 1]
Pursuant to 5:23-4.6 of the Uniform Construction Code there
is hereby established for the Township of Lyndhurst an on-site electrical
inspection agency to provide for electrical inspections for the Township
of Lyndhurst. The agency must possess a current subcode official license
and an H.H.S. (Class I) electrical inspector's license as issued pursuant
to the requirements of the State Uniform Construction Code. The agency
shall be selected by the director of the department of public affairs
after an investigation and interview by the construction official
and shall serve at the pleasure of the director.
[Ord. #1677; Ord. #1799, §§ 2, 3]
a. The on-site electrical inspection agency shall have an adequate certified
staff to review all plans and specifications for all classes and types
of construction within the township upon the request of the construction
official and to review all the plans and specifications for all construction
with the township for the purpose of determining compliance of said
electrical plans and specifications with the National Electrical Code.
b. The agency shall report to the construction official at least two
days per week, in person, for the review of electrical plans, processing
of electrical permit applications and such other matters that are
necessary. The agency shall report at the times determined by the
construction official and further shall be subject to his rulings,
directives and orders and shall compile appropriate data applicable
to all inspections and, in appropriate cases, issue, through the construction
official, all the required documentation and certification.
c. The agency shall carry adequate liability insurance to each person
within its employ to satisfy claims and/or judgments for property
damage and/or personal injury arising out of the failure of its employees
to properly discharge their duties and responsibilities and to indemnify
the Township of Lyndhurst from all liability and responsibility.
d. The agency shall further process and return all documents, plans
and specifications and applications within the time period requirements
specified by the Uniform Construction Code.
e. The agency shall further provide technical assistance in the preparation
of a construction permit application as requested by the construction
official.
f. The agency shall perform all required inspections and reinspection.
g. The agency shall give testimony, as required, at all hearings or
court proceedings as requested by the construction official.
h. The agency shall further provide and prepare all reports or documentations
for the construction official as are promulgated and required by the
department of community affairs or as may be required by the construction
official from time to time in carrying out its responsibilities under
the Act and regulations.
i. All inspections including emergency inspections made by the on-site
electrical inspection agency shall be made in a timely manner but
in no event more than 72 hours from the time of notice.
[Ord. #1677, § 2; Ord. #1799, § 4]
Compensation for the on-site electrical inspection agency shall
be on a monthly basis by voucher. The Township of Lyndhurst shall
retain 25% of the electrical permit fees for administrative costs.
[Ord. #1580]
It is the considered opinion of the board of commissioners that
senior citizens of low-income in the community are entitled to safe
and sanitary housing accommodations at rentals such persons can afford,
and such low-rental housing accommodations are in extremely short
supply and overcrowded and congested housing will eventuate from such
a shortage and thereby impair public safety and economic values. The
shortage of such safe and sanitary housing for low-income senior citizens
cannot be totally relieved through private enterprise and that, therefore,
new and rehabilitated construction of housing projects and facilities
would not be competitive with private enterprise, and it is a governmental
function to seek public monies to acquire property and construction
and/or rehabilitate or lease housing facilities for low-income senior
citizens.
The township is desirous of having its territorial area included
in the area of operation of "The Housing Authority of Bergen County."
[Ord. #1580, § 1]
The township desires to participate in the area of operations
of the Housing Authority of Bergen County throughout its territorial
boundary and the jurisdiction of its board of commissioners for the
purpose of alleviating the shortage of safe and sanitary housing for
low-income senior citizens.
[Ord. #1580, § 2]
The township does hereby consent to its inclusion in the area
of operation of the Housing Authority of Bergen County.
[Ord. #1580, § 3]
The clerk is hereby authorized and directed to file a certified
copy of this section with the Commissioner of the State Department
of Conservation and Economic Development and with the Secretary of
the Housing Authority of Bergen County.
[Ord. #2052, § 1; Ord. #2781]
As used in this section:
a. Housing space shall mean and include that portion of a dwelling,
rented or offered for rent for living and dwelling purposes to one
individual or family unit together with all privileges, services,
furnishings, furniture, equipment, facilities and improvements connected
with the use or occupancy of such portion of the property.
b. Dwelling shall mean and include any building or structure rented
or offered for rent for the purpose of housing space. Exempt from
this section are one-family, two-family, and three-family homes, motels,
hotels and similar type buildings. New constructed dwellings covered
by this section which are rented for the first time are exempted,
and the initial rent may be determined by the landlord. All subsequent
rents shall be subject to the provision of this section.
c. Capital improvement shall mean an improvement which is depreciable pursuant to the Internal Revenue Code of the United States, and rules and regulations promulgated thereunder and allowed as a depreciable item by the Internal Revenue Service. A "capital improvement" increase may be granted to a landlord only once during any calendar year for any particular unit or units. In no event shall an increase pursuant to this paragraph be greater than 10% of the base rental amount. The amount of the monthly increase which a landlord may charge shall be determined as follows: The total amount of the cost of the capital improvement as allowed by the Internal Revenue Service shall be divided by the depreciation period allowed by the Internal Revenue Service. That annual amount so obtained shall be surcharged pursuant to the provisions of subsection
8-4.4 and apportioned among the tenants in the building in accordance with one of the following methods:
1. If the capital improvement(s) benefits certain housing spaces only,
then the allowable cost of such improvement shall be surcharged to
only those units;
2. If the capital improvement(s) benefits all housing spaces but in
varying degrees according to the amount of living area contained in
each housing unit, then the allowable cost of such improvement shall
be surcharged according to the number of square feet in the housing
space in proportion to the total rentable area in the building;
3. If the improvement(s) is/are equally beneficial to all housing spaces
regardless of the living area within each unit, then the allowable
cost of such improvement will be surcharged according to the number
of housing spaces within the building.
Any such increase allowed under this subsection shall be charged
for no period greater than the original depreciation period of said
improvement without regard to subsequent adjustment on the basis of
the dwelling housing space. The total cost for the purposes of this
definition shall not include any interest charged or paid in the event
monies are borrowed in order to apply for said capital improvement.
d. Multiple family dwelling shall mean and include any structure rented
or offered for rent for the purpose of housing space consisting of
more than three residential units.
[Ord. #2052, § 11; Ord. #2130]
Establishment of rents between a landlord and a tenant to whom
this act is applicable shall hereafter be determined by the provisions
of this section.
At the expiration of a lease or at the termination of a periodic
tenancy, no landlord may request or receive a percentage increase
in rent which is greater than 5.5% of the current per annum rent.
No tenant shall suffer or be caused to pay any rent increase in any
calendar year which exceeds 5.5% of the preceding month period, except
as provided herein. No tenant shall experience a rent increase until
that tenant has been renting for at least a twelve-month period counted
from the date the tenancy began. This provision shall not apply to
hardship increase granted to a landlord, nor to a capital improvement
and tax increase surcharge.
[Ord. #2052, § 111]
a. Any rental increase at a time other than at the expiration of a lease or termination of a periodic tenancy shall be void, except if hardship or capital improvement increases are granted under subsections
8-4.5 or
8-4.6. Any rental increase in excess of that authorized by the provision of this section shall be void.
b. In the event a landlord causes the rent to be increased either as a result of an annual increase or a hardship increase the landlord shall notify all tenants affected by such increase no later than 30 days prior to the effective date of such increase. Said notice shall be in accordance with subsection
8-4.4.
c. No owner or landlord shall increase the rental of any dwelling unit as permitted in subsection
8-4.2 more than once in any twelve-month period, provided, however, said right to annual increase shall not be affected by any hardship increase granted to the landlord during the preceding year by the rent leveling board.
d. Any notice requirements shall be in accordance with the provisions of subsection
8-4.4 except that notice of a hardship appeal shall be 20 days before the date of the scheduled hardship appeal hearing. Appellant shall notify all tenants that may be affected by such appeal in accordance with subsection
8-4.4.
[Ord. #2052, § IV]
Any landlord seeking an increase in rent shall notify the tenant
of the allowable rent increase up to 5.5% of the preceding 12 months
rent, 30 days before the expiration of the lease or tenancy. Notice
shall be by any of the following methods: (1) certified mail; (ii)
personal service upon tenant or his representative evidenced by a
signed receipt obtained from the tenant or representative. If service
cannot be effectuated by either (i) or (ii) above, then the tenant
may be notified by regular mail and the landlord or his representative
shall certify by affidavit and retain the affidavit in his records,
that he mailed the notice to the tenant.
[Ord. #2052, § V; Ord. #2540, § 1]
a. In the event that a landlord claims not to be receiving a just and reasonable return on his property, he may appeal to the rent leveling board for increased rental. The board may grant the landlord a rental increase over and above that permitted by subsection
8-4.2 provided that the landlord submits to the board such information as the board requires to determine the actual return received by the landlord on his property, and a hearing for all interested parties is held. After the filing of the appeal to the board, but prior to the hearing by the board, a landlord must post in the lobby of each building, or if no lobby is present, in a conspicuous place in and about the premises, the notice of appeal, date, place and time of the hearing, at least 20 days prior to the hearing; this is in addition to the notice requirements of subsections
8-4.3 and
8-4.4.
b. A landlord requesting a hardship rental increase shall prove to the
rent leveling board that he has owned title to the property in question
and operated same for at least one full year immediately prior to
the date of the hearing before the rent leveling board for said increase.
This shall be in addition to all other proofs required by the rent
leveling board.
c. If a landlord owning more than three but less than 50 rental units,
files a hardship appeal, the required technical data submitted to
the board shall be reviewed and investigated by a professional accountant
or a real estate appraiser designated by the board. The cost of such
professional review shall be deposited by the landlord simultaneously
with the filing of the appeal, which deposit shall be in the amount
of $300. If the cost of the audit is less than $300, the difference
shall be refunded to the landlord.
d. If a landlord owning 50 or more rental units, files a hardship appeal,
the amount required to be deposited simultaneously with the filing
of the application, shall be in the amount of $800. If the cost of
the audit is less than $800, the difference shall be refunded to the
landlord.
e. The method of determination of a "fair rate of return" shall be in
accordance with the guideline set forth in Exhibit "A" herein.
f. All hardship appeals shall be heard and decided by the rent leveling
board no later than 75 calendar days after such appeal has been perfected
by the applicant with the rent leveling board.
[Ord. #2052, § VI; Ord. #2130]
a. A landlord may seek additional rental for capital improvements. The landlord must notify each tenant as provided in subsections
8-4.4 and
8-4.6 of the total cost of the completed capital improvements or service, the number of years of useful life of the improvement as claimed by the landlord for the purpose of depreciation for income tax purposes, the average cost of the improvement, the total number of square feet of all of the dwelling units combined, the total square feet occupied by each tenant and the capital improvement surcharge he is seeking from each tenant. The landlord seeking a capital improvement shall apply for said increase to the rent leveling and control board and present proof of expenditures for capital expenditures. If said increase is granted, it shall not be considered rental and not calculated in the allowable increase, but shall be considered a surcharge. In any event, no increase authorized by this subsection shall exceed 10% of the tenant's rent. A landlord shall not be permitted a capital improvement increase for any items required to be corrected or repaired pursuant to any state or local building or health codes.
b. The rent leveling board shall take into consideration any cost saving
in operation of the building that will inure to the benefit of the
landlord as a result of such capital improvement.
c. The landlord may, in advance of starting a capital improvement, apply to the board for a determination as to whether or not a capital improvement increase will be granted. The same procedure shall be followed as in subsection
8-4.5, except that certified cost estimates shall be submitted along with the other required data. In the event the board determines that a capital improvement increase will be granted, the amount so granted shall not exceed the original estimate as submitted to the board for an advance determination.
[Ord. #2052, § VII]
A landlord shall only be entitled to a hardship rent increase
or capital improvement increase provided herein if he maintains the
premises in accordance with this section and the other ordinances
of the township or state codes providing for the construction, health,
maintenance or zoning of said property.
[Ord. #2052, § VIII; Ord. #2540, § 2]
a. Notwithstanding any limitations upon permissible rent increases under
any other provisions of this chapter, upon the voluntary, uncoerced
vacating of any apartment, the landlord shall have the right to fix
the rent for such vacated apartment at such sum as he deems appropriate
provided there has been no rent increase under this subsection within
a five-year period and said increase does not exceed 20% of the prior
tenants rent. The decontrol provision of this subsection shall only
apply to dwelling units which are physically vacated subsequent to
the effective date of this subsection.
b. Upon vacating of any apartment hereafter, the landlord shall file
a statement with the rent leveling board, certifying to the board:
(i) the apartment and building numbers of such dwelling unit, (ii)
the rent paid by the vacating tenant, (iii) the maximum rent increase
which would be permissible under the other provisions of this chapter,
(iv) the number of days such apartment remains vacant, (v) the rent
agreed to by the new tenant for such apartment, and (vi) that the
vacating of such apartment was the voluntary act of the vacating tenant.
The statement filed herein shall be accompanied by a $25 filing fee.
c. The rent leveling board shall submit yearly reports to the board
of commissioners summarizing the number of apartments vacated during
each year and the difference, if any, between the permissible rent
increases under the other provisions of this chapter compared to the
increases in rent due to the application of this section. Such yearly
reports shall also include the statement of the number of complaints
received by the board with respect to alleged coercion by landlords
for the purpose of forcing tenants to vacate apartments.
d. Any landlord who is the owner of property within the Township of
Lyndhurst which is affected by provisions of this Rent Leveling Ordinance
shall file with the rent leveling board on a yearly basis, no later
than the 15th day of January, a written report on forms to be designated
by the rent leveling board, which report shall contain the following
information:
1. All changes in occupancy of any rental unit in such property during
the previous calendar year;
2. In the event of such changes in occupancy, the name or names of the
former tenant, the name or names of the new tenant, the term of the
new tenancy, the amount of the new rent on a monthly basis and the
amount of the former rent on a monthly basis;
3. In the event of no change in occupancy, a statement to that effect.
In the event a landlord fails to file such reports, or in the
event the landlord files a report which is knowingly or willfully
false, such failure to file or filing such false report, shall be
deemed a separate violation of this section, punishable pursuant to
the provisions of this section.
e. The rent leveling board shall appoint a person annually to serve
as an enforcement officer. The enforcement officer shall have the
power to enforce this section by issuing complaints in the municipal
court for violation of this section.
The board shall give both landlord and tenant reasonable opportunity
to be heard before making any determination as to the issuance of
a complaint in the township municipal court.
The enforcement officer shall make initial investigations as
to all violations of this section, reporting the same back to the
board for action. The enforcement officer shall have such other and
further duties as may be determined by the rent leveling board.
[Ord. #2052, § IX; Ord. #2540, § 3; Ord.
#2781]
a. When Required. No owner or operator of a multiple family dwelling
shall permit the occupancy of a dwelling unit by a tenant not previously
occupying the dwelling unit without first obtaining a certificate
of occupancy from the construction code official. All inspections
required hereunder shall be made from the owner or operator.
b. When Not Required. No certificates of occupancy shall be required
for the following:
1. For 12 months after issuance of a certificate of occupancy for a
new dwelling unit.
2. If a certificate of occupancy had been issued for an existing apartment
within the previous 12 months.
3. In the event that the construction code official has not issued the
certificate of occupancy, or in the alternative cited violations as
required herein, within 10 days of a request of same, the rent leveling
board may assume that the housing space in question is in substantial
compliance with this section and other applicable laws of the Township
of Lyndhurst, and State of New Jersey.
c. Issuance of Certificate. A certificate of occupancy shall be issued
by the construction code official only after examination of the dwelling
unit and favorable findings as to matters which are embraced in this
chapter and other applicable laws of the Township of Lyndhurst and
State of New Jersey. A $25 fee per unit shall be charged for the issuance
of the certificate of occupancy required herein.
1. If, in the opinion of the construction code official, minor violations
are found to exist after inspection which can be corrected within
30 days a new occupant may be permitted to conditionally occupy the
dwelling unit. Where a dwelling unit is occupied prior to the issuance
of a certificate of occupancy, the owner or operator shall make all
required repairs within 30 days after the mailing of the written notification
from the construction code official. Such occupancy, however, shall
at all times, be subject to the issuance of a certificate of occupancy.
2. Where occupancy has been permitted under this provision the owner
or operator shall obtain a signed statement from the occupant acknowledging
that such occupancy is subject to a certificate of occupancy and granting
the construction official to enter into the premises at a later date
for the purpose of reinspection.
3. Minor violations shall be construed to mean repairs not exceeding
a total cost of $200, and which do not present an immediate danger
to the health, safety or welfare of the occupant.
d. Failure to Obtain Certificate. If any owner or operator of a multiple
family dwelling fails to apply for a certificate of occupancy and
permits a tenant to occupy the dwelling unit without first obtaining
a certificate of occupancy, the owner or operator shall be subject
to the following fines and penalties:
1. For a first offense a penalty in the amount of $100.
2. For a second offense within a three year period after the first offense
a penalty in the amount of $500.
3. For a third and subsequent offense within a three year period after
the last offense a penalty in the amount of $1,000.
e. Identification and Conduct of Inspectors. The construction code official,
or his delegate acting as an inspector, shall be supplied with official
identification and shall exhibit such identification when entering
any dwelling unit building or part thereof, subject to this chapter.
Such persons making inspections shall conduct themselves as to avoid
intentional embarrassment or inconvenience to the occupant.
[Ord. #2052, § X; Ord. #2097, § X]
The rent leveling and control board, created by Ordinance No.
2052 shall continue to function, except said board shall consist of
seven members and two alternates. The members of said board and the
alternates shall be appointed by the governing body and their terms
of office shall be for a period of three years each, with each member
serving without compensation.
After the initial appointment of three years for the seven members
and two alternates, the next appointment shall be as follows: Two
members for a period of three years, two members for a period of two
years, and three members and two alternates for a period of one year.
Thereafter, all seven members shall be appointed for a three year
term.
Two members of the rent leveling and control board shall be
the owner of a multi-family dwelling (defined as any dwelling subject
to rent control), and two members shall be tenants in a rent controlled
dwelling. All other members shall be owners of non-rent controlled
dwellings and must be residents of the Township of Lyndhurst.
[Ord. #2052, § XI]
The rent leveling and control board is hereby granted, and shall
have and exercise, in addition to other powers herein granted, all
the powers necessary and appropriate to carry out and execute the
purposes of this section, including but not limited to the following:
a. To issue and promulgate such rules and regulations as it deems necessary
to implement the purposes of this act, which rules and regulations
shall have the force of law until revised, repealed or amended from
time to time by the board in the exercise of its discretion, providing
that such rules are filed with the township clerk.
b. To supply information and assistance to landlords and tenants to
insure compliance with the provisions of this section.
c. To conduct hearings and adjudicate applications from landlords for
rental increase as herein before provided.
d. To appoint legal counsel to represent the rent leveling board. Such
counsel's compensation shall be determined by the board of commissioners.
[Ord. #2052, § XII]
The determination by the board shall be final unless a timely appeal is made to the board of commissioners by either party within 20 days from the date of said determination. In the event an appeal is filed, the appellant shall notify all the tenants and landlord within 10 days of the filing of the appeal, in accordance with subsection
8-4.4. All appeals to the board of commissioners of a determination of the rent leveling board shall be heard by the commissioners on the basis of the record before the rent leveling board, and without recourse to a de novo hearing. The applicant shall be solely responsible for the cost and preparation of the transcript of the rent leveling board proceeding.
[Ord. #2052, § XIII]
During the term of this section, the landlord shall maintain
the same standards of service, maintenance, furnishings and equipment
in the housing space and dwelling as he provided or was required to
do so by law or lease at the date the lease or tenancy was entered
into.
[Ord. #2052, § XIV]
This section shall become effective immediately.
[Ord. #2052, § XV]
The owner of any housing space being rented for the first time
shall not be restricted in the initial rent he charged. Any subsequent
rental increases, however, shall be subject to the provision of this
section.
[Ord. #2052, § XVI; Ord. #2781]
Except as provided in this section, a violation of any provision
of this section including, but not limited to, the filing with the
rent leveling and control board of any material misstatement of fact,
shall be punishable by a fine of not more than $500, and/or imprisonment
for not more than 90 days or both. A violation affecting more than
one leasehold shall be considered a separate violation as to each
leasehold.
[Ord. #2052, § XVII]
The base rent shall be deemed to be the lawful rent for the
housing space which was in effect on the effective date of this section.
[Ord. #2052, § XVIII]
In the event that a landlord perfects a successful tax appeal,
the tenant shall be entitled to and shall receive a rebate only in
the event the landlord's tax reduction for the current year results
in a lower tax obligation than existed in the prior taxable year.
Any such allowable rebate under this subsection shall be applied on
a pro rata basis according to the tenant's living space so leased,
after deducting all reasonable expenses incurred by the landlord perfecting
the tax appeal. Payment to the tenant may be made in the form of a
credit against monthly rent next ensuing or a check made payable to
the tenant all within 60 days of the date landlord receives such a
rebate.
[Ord. #2052, § XIX]
If any provisions of this section or the application of such
provision to any person or circumstances is declared invalid, such
invalidity shall not affect other provisions of applications of this
act which can be given effect and to this and the provisions of this
act are declared to be severable.
[Ord. #2052, § XX]
There shall be no waiver or avoidance of the provisions of the
within section by private agreement directly or indirectly. However,
where a tenant requests a personalized service, furnishings, equipment,
facility, alteration or improvement, to his housing space, which is
unique and has negotiated a mutually satisfactory agreement with the
landlord as to price and terms of payment therefor, such agreement
shall not be deemed as part of rent and shall not require prior approval
of the rent leveling and control board.
[Ord. #2052, § XXI]
All ordinances or parts of ordinances inconsistent with the
provisions of this section are hereby repealed and this section shall
take effect upon final passage and publication according to law. Ordinance
No. 1578 entitled "An Ordinance to Regulate, Control, Stabilize Rents
of Multiple Dwellings and to Create a Rent Control Board within the
Township of Lyndhurst" is hereby repealed in its entirety.
[Ord. #2130]
Notwithstanding anything contained in this section, a tenant's
monthly tax surcharge shall not be greater than 20% of the prior month's
rent.
[Ord. #2097, § XXII]
A landlord shall be entitled to a rent increase from a tenant
because of an increase in the municipal real property tax levied on
the real property in which any multiple-dwelling housing space is
situated, subject to the provision, however, that only one-half of
the total amount of such municipal real property tax increase levied
on such real property for any calendar year shall be passed on to
the tenant. No such tax base rent adjustment shall exceed the amount
computed in accordance with the following provisions of this subsection.
Municipal real property tax shall include all amounts normally and
customarily included in a municipal tax bill including, but not limited
to county, district school, regional school, and local taxes, but
does not include added assessments.
A landlord whose real property shall qualify for the tax base
rent adjustment provided for herein shall subtract from the total
municipal real property tax levied on such real property for the calendar
year in which such increase occurs, the total amount of the tax levied
thereon for the preceding calendar year. The landlord shall be permitted
to pass through one-half of the amount by which the present calendar
year property tax exceeds the previous calendar year real property
tax.
The allowable pass through shall be divided by the total number
of square feet contained in the multiple dwelling building situated
on such real property. The quotient thus produced shall be the tax
increase per square foot. It shall be unlawful for any landlord to
require a tenant to pay a tax base rent adjustment in excess of the
product realized by multiplying the number of square feet contained
in the dwelling unit occupied by the tenant by the allowable tax increase
per square foot.
The total dollar amount of the tax base rent adjustment for
which any tenant may be liable under the foregoing terms of this subsection
shall be divided by 12 and the quotient shall be the tax base rent
adjustment which shall be added to and become a part of the monthly
base rent for the dwelling unit affected.
Any landlord whose real property shall qualify for the tax base
rent adjustment herein provided for and who shall seek to pass through
such an adjustment pursuant to the provisions of this subsection,
shall notify all of the tenants affected thereby by written notice
mailed by certified mail, return receipt requested, mailed 60 days
prior to the date the rent increase will be effective. Such notice
shall set forth all of the calculations utilized in computing the
tax base rent adjustment, including the amount of the municipal real
property tax levied on the real property in question for the calendar
year in which such tax increase occurs, the total amount of the tax
levied thereon for the preceding calendar year, the total number of
square feet contained in the multiple dwelling situated on said real
property, the tax increase per square foot, the number of square feet
contained in the dwelling unit occupied by the tenant and the amount
of the maximum allowable tax base rent adjustment. The landlord shall
also certify in said written notice that the municipal real property
tax levied on the real property in question for the calendar year
in which said tax increase occurred exceeded the prior calendar year
property tax.
EXHIBIT "A"
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(Section 8-4, Rent Control)
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Fair Rate of Return
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In order to determine whether an owner is entitled to a hardship
adjustment, former and current operating expenses and gross rental
income must be compared.
Gross operating income, for a base period is compared with current
gross operating income.
The landlord is entitled to a hardship adjustment if current
gross operating income has decreased compared to the base period gross
operating income.
The landlord is entitled to a hardship adjustment sufficient
to raise the current year's gross operating income to a sum equal
to the gross operating income for the base period.
Base period gross operating income shall be defined as the average
gross operating income for three consecutive calendar years or fiscal
years beginning one full year preceding the year of landlord's hardship
appeal, any adjustment to same achieved through any provisions of
this section shall be considered in calculating the base period gross
operating income.
Gross operating income shall be computed by subtracting operating
expenses from gross rental income (gross operating income = gross
rental income minus operating expenses).
The board shall grant an added adjustment for inflation to the
current adjusted rent, measured by the change in the New York, Northern
New Jersey, Consumer Price Index for All Consumer Users, (CPI-U),
for the preceding year of the application.
For purposes of this section, gross rental income shall be defined
as and include the following items: All income resulting directly
or indirectly from the operation of the multiple dwelling or dwellings,
including but not limited to all rent received or collectible but
not received, including any rent from less than arms length transaction,
the landlord's share of interest on security deposits, all earnings
from commissions, vending machines, coin operated telephones, coin
operated laundry facilities, deductions from security deposits, late
fees, parking fees, including garage rentals, pool fees, key charges,
finders fees, income from rebates and prior hardship increases. No
allowance shall be permitted for a vacancy, except as the same may
be adequately demonstrated to be the result of market conditions and/or
deteriorated physical conditions of the dwelling unit which the landlord-applicant
adequately shows to be unavailable for rental as a result of the said
deteriorated conditions.
For purposes of this section, operating expenses shall be defined
as and include all valid, reasonable and necessary expenses incurred
and paid by the landlord in connection with the operation of the multiple
dwelling or dwellings during the period or periods referenced under
this section, computed in accordance with the provisions and limitations
contained in this section.
In computing reasonable and necessary operating expenses under
this section, the following limitations shall apply in all cases:
a. Taxes shall be limited to amounts actually paid, including those
in escrow for appeal.
b. Repairs and maintenance shall be limited to arms length transactions
and shall be reasonable and necessary so as not to cause over maintenance
of the premises. Cost of service contracts shall be prorated over
the period covered. Painting costs shall be prorated over the number
of years of actual painting cycle in the building, but in no event
shall painting be prorated over a period of less than three years
for the interior of the dwelling units or five years for the exterior
and common areas.
c. Expenses incurred in connection with the purchase of new equipment,
and not otherwise allowed to be capitalized over the useful life of
the equipment pursuant to Internal Revenue Service regulations, shall
be allowed as an expense under this section and reflected and prorated
over the useful life of the item or items.
d. Legal and auditing expenses shall be limited to reasonable and necessary
costs of the operation of the property. No legal expenses or audit
expenses shall be allowed as a deduction that do not directly result
from the landlord-tenant relationship. A landlord may not deduct expenses
incurred in litigating any declaratory or injunctive relief as to
his rights under any state, local or federal law except for actions
in the nature of a writ of mandamus. All costs shall be itemized on
the application. Attorney's fees, accountant's fees or application
fees incurred by a landlord in connection with any application to
the board shall be included in determining whether a landlord is entitled
to any rent increase.
e. Management fees shall be limited to actual services performed and
paid, including the resident manager's salary, telephone expenses,
postage, office supplies, stationary and the value of the apartment
provided if included in the income of the recipient. In no event shall
management fees exceed 4% of gross income, including commercial and
professional space income.
f. Salaries not included in management fees shall be limited to actual
services performed, and amounts for similar positions in the area,
including rental value, if included in income, and expenses and wages
and benefits paid.
g. Advertising expenses shall be limited to actual costs that are reasonable
to ensure occupancy only. Where waiting lists exist, advertising expenses
shall not be allowed.
h. Utilities, including but not limited to gas, electric, water and
oil, shall derive from arms length transactions, and the landlord
shall demonstrate that all reasonable efforts to conserve energy and
fuels have been used.
i. Insurance premiums shall derive from all arms length transactions
and shall not include landlord's life, medical or other personal policies.
j. No penalties, fines, depreciation, interest, mortgage amortization
or mortgage service fees, mortgage application fees, points, tax service
fees, or any other fees and expenses incident to the mortgage financing
or application, for any reason shall be allowed.
k. The history of the income and expenses shall be consistent with the
application or fully documented as to any changes.
[Ord. #2052, Exhibit A; Ord. #2097, Exhibit A]
[Ord. #1424, § 7]
a. The owner, occupant or occupants of each and every dwelling house,
store or other building which now fronts, or hereafter may front,
upon any street or public place within the township shall cause the
same to be properly numbered in accordance with the directions and
requirements of this section.
b. The figures used in numbering shall be at least 2 1/2 inches
in height and placed conspicuously on the front of each dwelling house,
store or other building.
[Ord. #1424, § 7]
For the purposes of this section, Rutherford Avenue shall be
taken as the northerly base or boundary of the township.
[Ord. #1424, § 7]
The numbering upon all streets intersecting, or if extended
would intersect, the southwesterly side or line of Rutherford Avenue
shall commence at the side of Rutherford Avenue and shall continue
in the southerly or southwesterly direction to the end thereof, provided
that the lowest number upon the aforesaid streets, which do not extend
to Rutherford Avenue shall be at the point nearest Rutherford Avenue
the same as though actually extended to the Avenue, and that upon
all the streets so intersecting, or if extending would intersect Rutherford
Avenue, the odd numbers shall be placed on the right hand or westerly
side of the street and the even numbers on the left hand or easterly
side thereof, and shall so continue to the end.
[Ord. #1424, § 7]
The numbering upon all streets intersecting, or which if extended
would intersect the easterly side or line of Riverside Avenue, shall
begin at their intersection with the side or line of Riverside Avenue
and shall continue eastwardly until the end thereof, and that the
lowest or first number of all such streets, and that the lowest or
first number on all such streets, roads and avenues at the side of
Riverside Avenue shall be 100 and that the even numbers shall be placed
on the right hand or southerly side of the streets, and the odd numbers
on the left hand or northerly side, and shall so continue to the end
thereof, provided that the lowest number upon the streets which do
not extend to Riverside Avenue shall be at the point nearest Riverside
Avenue the same as though actually extended to that Avenue.
[Ord. #1424, § 7]
Any person desiring to place numbers upon their respective lots,
dwellings, stores or other buildings shall before so doing apply to
the assessor of the township and obtain from him the proper number
for his lot, dwelling, store or other building, which number so to
be given by the assessor shall be the same as the number now endorsed
upon a map entitled "Assessment Maps of the Township of Lyndhurst
1959", provided, however, that in case there be no number on the map
applicable to the lot or building, then the assessor shall refer the
matter to the board of commissioners, and the township board of commissioners
shall then by resolution give such applicant a proper number for his,
her or their lot, dwelling, store or other building and thereupon
the assessor shall write the number upon the map in front of the plot
upon which the building is located.
[Ord. #1980, § I]
The use of unvented combustion heaters is hereby prohibited
in all residential dwellings within the Township of Lyndhurst.
[Ord. #1980, § II]
Services held or used in violation of this section may be confiscated
by the fire official, fire inspectors, police officers, or code enforcement
officials in the discharge of their official duties. Confiscated heaters
may be returned to their owners at the end of heating season upon
payment by the owner of a storage fee of $50 to the Township of Lyndhurst.
[Ord. #1985, § I]
Every single family and two family dwellings in the Township
of Lyndhurst shall be equipped with automatic smoke detectors as provided
herein. This provision shall be in effect for all dwellings, regardless
of the applicable code requirements in force at the time of construction.
[Ord. #1985, § II]
One and two family dwellings constructed in compliance with
the New Jersey Uniform Construction Code and having properly maintained
automatic smoke detectors in accordance with that code shall be exempted
from the requirements of this section. In no case shall existing levels
of protection be reduced below those specified in the Uniform Construction
Code in dwellings built under that code.
[Ord. #1985, § III]
Each dwelling unit shall be provided with a minimum of one approved
automatic smoke detector installed in the primary sleeping area as
approved by the fire official. When activated the detector shall provide
an alarm suitable to warn the occupants within the dwelling unit.
The detector may be the single station, battery operated type in the
dwellings retrofitting under this section. Replacement installations
in dwelling built under the Uniform Construction Code must be made
in accordance with that code.
[Ord. #1985, § IV]
a. Owners of one or two family dwellings within the township shall complete
and return a "Smoke Detector Ordinance Compliance" card as provided
by the township, the card shall be signed by the owner or his designee
stating the status of the subject property with respect to smoke detector
requirements. Willful misstatements or failure to return the card
shall be in violation of this section.
b. Inspections for compliance with this section shall be carried out
through the fire prevention bureau upon request by the owner or occupant,
and by other code enforcement officials of the township during the
discharge of their official duties.
[Ord. #1985, § V]
All automatic smoke detectors installed in accordance with this
section or any other code or regulation shall be maintained operable
at all times.
[Ord. #2173]
FALSE ALARM
Shall mean any fire alarm causing direct notification to
a fire department through an alarm panel, switch board or alarm lines,
in a case where no fire exists.
FIRE ALARM SYSTEM
Shall mean a system containing automatic detecting device(s)
which actuate an alarm signal, requiring a response by fire suppression
forces. It includes Protective Signaling Systems or devices designed
to transmit alarms and supervisory and trouble signals necessary for
the protection of life and property.
[Ord. #2173]
Any person or business desiring to install an alarm system on
the premises shall apply for an alarm system permit by writing to
the construction official.
[Ord. #2173]
a. Application forms issued by the construction official or fire subcode
official shall include the following information:
b. The owner shall be responsible for transmitting the following information
in writing or on forms provided to the fire agency to which the alarm
or signal is sent:
1. The owner's name and the address of the location of the alarm system.
2. A description of the alarm system.
3. An acknowledgment that the applicant consents to municipal/fire department
inspection of the system and the premises where the system is installed
in addition to that permitted or required by state law or regulation.
4. An agreement to test the fire alarm system in the fire agency representative's
presence either annually or as required following transmission of
a false alarm.
5. An acknowledgment that the system may not be used unless appropriate
approval is granted.
c. A permit shall be issued upon presentation of the permit application
if the equipment is in conformance with the above provisions and upon
payment of the alarm system permit fee.
[Ord. #2173]
The issuing authority may revoke any alarm system permit issued
pursuant to this section if the authority determines the alarm system
has been operated or maintained in violation of these provisions,
or for failure to pay the required fee.
The owner of the alarm system must receive written notice of
the violation and an opportunity to be heard.
[Ord. #2173]
A fire official qualified by a local enforcing agency shall
annually inspect the fire alarm system to ensure said system complies
with the operational requirements set forth herein.
Any violation as set forth in the following section, or defects
in the alarm system shall be noted by the fire official and a copy
of the citation given to the owner. The owner shall have 10 days to
correct the violation.
The owner of the alarm system shall maintain on the premises
an accurate log of the location and number of alarm systems installed,
and defects in, or modifications and repairs to the said alarm systems,
and shall make this log available to the enforcing agency for inspection
and evaluation.
[Ord. #2173]
The fire alarm system and protective equipment shall be tested
monthly by the owner.
The owner shall notify the fire official reasonably in advance
of any test and within 24 hours of any defect in or malfunction of
the alarm system.
[Ord. #2173]
No individual or business shall install, operate or maintain
any alarm system unless he has applied for and been granted a permit
for such system as follows:
a. An alarm system shall be deemed registered at such time as a permit
is issued therefor.
b. In successive years, an alarm system shall be deemed registered when
the owner of the building in which the system is installed files a
completed registration form with fire official.
c. No further permit shall be required unless or until there is a material
change in any of the information previously submitted. The owner of
the building shall file a revised, amended or supplemental application,
at no additional charge, containing accurate current information,
within 10 days of the change in the original information submitted
to the municipality.
[Ord. #2173]
The fee for an alarm system permit shall be $25 payable annually.
Said fee shall be prorated on a quarterly basis if an alarm system
is installed during the course of the year.
[Ord. #2173]
In the case of a false alarm, the local fire official shall
investigate or cause to be investigated and keep a record of said
alarm on file. If an investigation disclosed that the false alarm
was due to misuse, accident, improper supervision, or equipment malfunction
and was not due to an unpreventable, unavoidable outside cause the
fire official shall provide notice and order corrective action or
that the alarm system be disconnected for a specified period of time.
The first such occurrence shall not be chargeable under the penalties
section.
The fire official shall serve on the owner of the building a
written order stating the nature of the violations and the date by
which the violations must be corrected.
[Ord. #2173]
Any person who, after receiving notice of the malfunction of
the alarm system, and an order and an opportunity to correct, refuses
or neglects to comply shall be subject to a penalty as set forth below
in addition to any other penalties issued under state law or regulation
for improper installation or maintenance:
a. For the first false alarm following a notification a penalty not
to exceed $50.
b. For the second false alarm within a three calendar year period a
penalty of at least $75 but not to exceed $150.
c. For the third false alarm within a three calendar year period a penalty
of at least $170 but not to exceed $250.
d. For the fourth and subsequent false alarms within a three calendar
year period a penalty of at least $300 but not to exceed $500 and,
or disconnecting of the system or imprisonment not to exceed five
days.
[Ord. No. 2963-17; amended 10-11-2022 by Ord. No.
3127-22]
a. Notwithstanding anything to the contrary contained in the Township
of Lyndhurst Code, it shall be unlawful for an owner, lessor, sub-lessor,
any other person(s), or entity(ies) with possessor or use right(s)
in a dwelling unit, their principals, partner or shareholders, or
their agents, employees, representatives and other person(s) or entity(ies),
acting in concert or a combination thereof, to receive or obtain actual
or anticipated consideration for soliciting, advertising, offering,
and/ or permitting, allowing, or failing to discontinue the use or
occupancy of any dwelling unit, as defined herein, or any segments,
amenities, features, accessories or appurtenances to or associated
with any dwelling units for a period of 30 days or less.
b. Nothing in this section will prevent formation of an otherwise lawful
occupancy of a dwelling unit for a rental period of more than 30 days
with appropriate certificates of occupancy as may be required.
[Ord. No. 2963-17; amended 10-11-2022 by Ord. No.
3127-22]
As used in this section, the following terms shall have the
meanings indicated:
ADVERTISE or ADVERTISING
Shall mean any form of solicitation, promotion and communication
for marketing, used to solicit, encourage, persuade, or manipulate
viewers, readers, or listeners into contracting for goods and/or services
in violation of this section, as same may be viewed through various
media, including, but not limited to, newspapers, magazines, flyers,
handbills, pamphlets, commercials, radio, direct mail, internet websites,
or text or other electronic messages for the purpose of establishing
occupancies or uses of rental property, dwelling units, or any segments,
amenities, features, accessories or appurtenances to or associated
with any dwelling units, ffor consideration, which are prohibited
by this section.
AMENITIES, FEATURES, ACCESSORIES OR APPURTENANCES
Any portion of real property where a dwelling unit structure
is located that is accessory to that structure, including but not
limited to driveways, garages, carports, yards, swimming pools, patios
or decks.
CONSIDERATION
Shall mean soliciting, charging, demanding, receiving or
accepting any legally recognized form of consideration, including
a promise or benefit, a quid pro quo, rent, fees, other form of payment,
or thing of value.
DWELLING UNIT
Any structure, or portion or segment thereof, whether furnished
or unfurnished, which is occupied, in whole or in part, or intended,
arranged or design to be occupied for sleeping, dwelling, cooking,
gathering and/or entertaining, as a residential occupancy, by one
or more persons. This definition includes an apartment, condominium,
building, cooperative, converted space, or portions or segments thereof,
that are offered to use, made available for use, or are used for accommodations,
lodging, cooking, sleeping, gathering and/or entertaining of occupants
and/or guest(s), including any amenities, features, accessories or
appurtenances to or associated with any dwelling units for consideration,
for a period of 30 days or less.
HOUSEKEEPING UNIT
Constitutes a family-type situation involving one or more
persons living together that exhibit the kind of stability, permanency
and functional lifestyle equivalent to that of a traditional family
unit, as further described in the applicable reported and unreported
decisions of the New Jersey Superior Court.
OCCUPANT
Shall mean any individual using, inhabiting, living, gathering,
entertaining, being entertained as a guest, or sleeping in a dwelling
unit, or portion thereof, or having other permission or possessory
right(s) within a dwelling unit.
OWNER
Shall mean any person(s) or entity(ies), association, limited
liability company, corporation, or partnership, or any combination,
who legally use, possess, own, lease, sublease or license (including
an operator, principal, shareholder, director, agent, or employee,
individually or collectively) that has charge, care, control, or participates
in the expenses and/or profit of a dwelling unit pursuant to a written
or unwritten agreement, rental, lease, license, use, occupancy agreement
or any other agreement.
PERSON
Shall mean an individual, firm, corporation, association,
partnership, limited liability company, entity, and any other person(s)
and/or entity(ies) acting in concert or any combination thereof.
[Ord. No. 2963-17]
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 30 days or less by any person
who is a member of the housekeeping unit of the owner, without consideration,
such as house guests, is permitted.
[Ord. No. 2963-17]
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this section.
[Ord. No. 2963-17; amended 10-11-2022 by Ord. No.
3127-22]
a. The provisions of this section shall be enforced by the Building
Code Official, Fire Official, Health Department, other Subcode, Code
Official, or law enforcement agent of the Lyndhurst Police Department,
as their jurisdiction may arise, including legal counsel for the Township
or other persons designated by the Township of Lyndhurst to issue
municipal civil infractions directing alleged violators of this section
to appear in court or file civil complaints.
b. A violation of this section is hereby declared to be a public nuisance,
a nuisance per se, and is hereby further found and declared to be
offensive to the public health, safety and welfare.
c. Any person found to have violated any provision of this section,
without regard to intent or knowledge, shall be liable for maximum
civil penalty, upon adjudicated violation or admission, of a fine
not exceeding $1,000. Each day of such violation shall be a new and
separate violation of this section.
d. The penalty imposed herein shall be in addition to any other remedies
that may accrue under any other law, including, but not limited to,
eviction proceedings and/or injunction, reasonable attorney's fees
or other fees and costs, in the Township's Municipal Court or the
Superior Court of New Jersey in the vicinage of Bergen County, or
in such other court or tribunal of competent jurisdiction, by either
summary disposition or by zoning or construction code municipal proceeding.
[Ord. No. 2963-17, adopted
March 15, 2017; amended 10-11-2022 by Ord. No. 3127-22]
This section shall supersede and replace any other provisions
of the ordinances of the Township of Lyndhurst, now or later enacted,
which have or may be construed to have differing or contrary terms
or conditions relating to the subject of this section.