[Ord. #588; Ord. #607; 1976 Code § 87-1]
a. There is hereby established in the Township of Mahwah, a State Uniform
Construction Code enforcing agency to be known as the "Township Construction
Agency," consisting of a Construction Official, Building Subcode Official,
Plumbing Subcode Official, Electrical Subcode Official, Fire Protection
Subcode Official and such other subcode officials for such additional
subcodes as the Commissioner of the Department of Community Affairs,
State of New Jersey, shall hereafter adopt as part of the State Uniform
Construction Code, and an assistant official to each of the officials
as enumerated herein. 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. 5:23, provided that, in lieu of any
particular subcode official, an on-site inspection agency may be retained
by contract pursuant to N.J.A.C. 5:23. More than one 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. #588; Ord. #607; Ord. #676; Ord. #729; Ord. #759; Ord.
#764; Ord. #777; Ord. #790; Ord. #857; 1976 Code § 87-3;
Ord. #924; Ord. #911; Ord. #936; Ord. #1060, § I; Ord. #1166;
Ord. #1184, § I-V; Ord. #1299, § 1; Ord. #1328,
§ I; Ord. #1441; Ord. #1496, § 2; Ord. #1662,
§ 1; Ord. #1669, § 1]
a. The fee for a construction permit shall be the sum of the subcode
fees, plus all applicable special fees, listed herein and shall be
issued as required by the Uniform Construction Code Regulations, 5:23-2.15(e),
3,i,(3). A separate fee computed by volume or estimated cost will
be charged at the same rate as designated.
b. Building Subcode Fees:
1. New construction and additions: $0.060 per c.f.
(a)
Minimum fee, principal building: $500.
(b)
Minimum fee, accessory building: $200.
2. State training surcharge fee State training fee based upon estimated
cost.
3. Renovations: alterations and repairs: $30/$1,000 of est. cost.
(a)
Minimum fee (all subcodes): $75.
(e)
Retaining walls over four feet (residential): $75.
(f)
Retaining walls over three feet (commercial): $200.
4. Combinations of renovations and additions are to be determined by
combining the fees for the appropriate parts.
5. Partial permits for footings and foundation: $500 ea.
6. Semi-permanent trailers used for construction offices and storage:
$300 ea.
7. Certificate of Occupancy: $200 ea.
8. Temporary Certificate of Occupancy: $100 ea.
9. Annual permits as per Sec. 5:23-2.14(c): $2,000 ea.
10. Demolition:
(a)
Use groups R-3 and R-4: $200 ea.
(b)
All other use groups: $300 ea.
(c)
Accessory structures: $100 ea.
11. Swimming pools including fences (residential, above ground): $75
ea.
12. Swimming pools including fences (residential, inground): $300 ea.
13. Swimming pools (public): $500 ea.
14. Relocation of structures: $500 ea.
17. Masonry fireplaces: $100 ea.
18. Storage tanks, including replacement (underground or aboveground):
$75 per 1,000 gal.
Minimum fee (includes L.P.G., flammable liquids, combustible,
liquids and gasses): $100 ea.
19. Asbestos abatement: $100.
20. Lead hazard abatement: $75.
c. Mechanical and Fire Subcode Fees:
1. All heating appliances and H.V.A.C. equipment including solid fuel
burning appliances and duct work, new.
2. Fire dampers: $10/damper.
Minimum fee: $50.
3. Kitchen exhaust systems:
(a)
Residential each: $75 ea.
(b)
Commercial each: $200 ea.
4. Incinerators and crematories
(a)
Having a capacity of less than 150 pounds: $1,000.
(b)
Having a capacity of 150 pounds or more: $5,000.
5. Swimming pool heaters: $100 ea.
7. Central fire control center: $2,000 ea.
8. Automatic fire detection and alarm systems:
(a)
Commercial.
(7)
1,501 and up additional after 1,500: $5 ea.
9. Signaling devices, horns, and strobes: $10 ea.
10. Chimneys, vents and shafts:
11. Fire suppression systems including water sprinkler; dry chemical;
foam; carbon dioxide; or other chemical agents:
(a)
Each installation 1 to 25 heads or nozzles: $200.
(b)
Each installation 26 to 75 heads or nozzles: $300.
(c)
Each installation 76 to 200 heads or nozzles: $500.
(d)
Each additional 100 heads or nozzles or portion thereof: $100/100.
12. Standpipes:
(a)
2 1/2" pipes per riser: $300 ea.
(b)
4" pipes per riser: $500 ea.
(c)
6" pipes per riser: $750 ea.
(d)
8" pipes per riser: $1,000 ea.
(e)
Larger than 8" pipes per riser: $1,200 ea.
13. Manual fire alarms: $250.
(a)
Plus each pull station: $10.
14. Wet and dry sprinkler heads:
(g)
501 and up additional past 500 heads: $5 ea.
d. Plumbing Subcode Fee Schedule:
1. Hot water heater (new and replacement):
2. Grease traps and oil separators, back flow devices.
3. Sewer connections (sanitary or storm):
(a)
Residential (first 200 feet): $200.
(1)
Each additional 100 feet or portion thereof: $100.
(b)
Commercial (first 200 feet): $300.
(1)
Each additional 100 feet or portion thereof: $150.
4. Gas piping:
(a)
Residential (first 100 feet): $50.
(b)
Commercial (first 100 feet): $200.
(c)
Each additional 100 feet: $100.
5. Dry sewers (sanitary or storm):
(a)
Residential (first 100 feet): $100.
(b)
Commercial (first 100 feet): $200.
(c)
Each additional 100 feet: $100.
6. Swimming pools (commercial): $100.
7. Water service:
(a)
Residential (first 100 feet): $100.
(b)
Commercial (first 100 feet): $200.
(c)
Each additional 100 feet: $100.
9. Plumbing fixtures:: $25 ea.
e. Electrical Subcode Fee Schedule:
1. Switching, lighting, receptacle outlets:
(b)
Each additional 25 outlets or fraction thereof: $60.
2. Pool, spa, tub electrical certificate of compliance: $100.
3. Pool with one underground light including equipotential bonding:
$250.
(a)
Each additional light: $50.
4. Storage pool, spa, hot tub, Jacuzzi including equipotential bonding:
$150.
5. Equipotential bonding on existing or repair of pools or hot tubs:
$75.
6. Service panels, equipment, service entrance subpanels, temporary
services, and feeders:
7. Electrical devices, generators, transformers:
(c)
46kW to 112.5kW: $200 ea.
8. Motor schedule (includes air conditioners, generators, electric furnaces
and welders):
(a)
Single unit or group not to exceed 1hp to 10hp, kVA, or kW:
$100.
(b)
Over 10hp to 50hp, kVA or kW: $200.
(c)
Over 50hp, to 100hp, kVA or kW: $250.
(d)
Over 100hp, kVA, or kW: $350.
9. Underground conduit.
(a)
Residential (first 100 feet): $75.
(b)
Commercial (first 100 feet): $200.
(c)
Each additional 100 feet: $100.
g. Engineering Review of Certain Applications.
1. Prior to the issuance of a building permit for any structure of more
than 500 square feet, requiring a foundation or footing, the applicant
for the permit shall submit to the Construction Official for his approval
two copies of a detailed site plan, prepared by a licensed professional
engineer or licensed land surveyor, showing the existing contour lines
of the plot on which the building structure or addition is to be constructed,
final elevations in accordance with U.S. Coast and Geodetic Survey
Datum proposed for the corners of the plot, and corner and flood levels
of the structure to be erected thereon. In addition, the detailed
site plan shall show swales, brooks, streams, springs, retaining walls,
terraces, sidewalks, slopes, major rock formations, the curb, where
existing, and if no curb, elevation at existing opposite lot corners
and centerline of driveway where building structure or addition is
to be located, and all provisions for the proper drainage thereof
shall be shown on the plan. The detailed site plan shall in an appropriate
legend indicate the cubic volume of soil to be moved on the site during
construction of the building. Specifically, the following soil and
site disturbance data shall be stated in cubic yards: (1) total excavation
on site; (2) total filling on site; (3) excess soil to be removed;
(4) additional soil to be added. If the application submitted under
subparagraph g1 pertains to a lot greater than one acre, the site
plan required by subparagraph g1 is to show an area of land of at
least one acre and shall include at least all land within 100 feet
of any exterior wall of any building or structure shown on the plan.
All site plans shall be reviewed by the Township Engineer and
the Township Chief of Police within seven days of the filing date
(excluding filing date, Saturdays, Sundays, and legal holidays). The
Township Engineer shall determine whether or not (1) adequate provisions
have been made by way of proper grading to prevent wet basements,
muddy yards, eroding banks and other conditions injurious to the block
and lot for which application for the building permit is made; and
(2) further adequate provision has been made considering the relationship
of the lot in question with other adjoining properties for the surface
drainage away from the building and lot in question on a sound neighborhood
development basis and without adverse effect upon adjoining properties
or public streets. The Chief of Police shall determine whether or
not the ingress and egress points to the lot have an adverse effect
upon adjoining properties or public streets. The Chief of Police's
review shall include but not be limited to, review of the sight line
and obstructions in each direction to assure safety of the public
and property owner.
Upon making such determinations, the Township Engineer and Chief
of Police shall forward to the Construction Official the site plan
with their findings. No permit shall be issued unless the reports
of the Township Engineer and Chief of Police are favorable. If the
same shall be unfavorable, a copy of the report shall be delivered
immediately or as soon as possible to the applicant.
2. All applications for building permits for structures of more than
500 square feet shall be referred to the Township Engineer prior to
the issuance of permit. This paragraph shall apply only to structures
which have not been reviewed by the Planning Board under its site
plan or major subdivision jurisdiction.
3. If, after excavation of the property shown on the site plan, subsurface
conditions, by way of rock shelf, underground streams or other natural
obstacles shall prevent the location of the building, as shown on
the site plan, and the applicant shall communicate with the Township
Engineer and request an emergency approval for such relocation which
shall be acted upon by the Township Engineer within 48 hours (excluding
Saturday, Sunday and legal holidays) of the receipt of such notice
by the Township Engineer.
4. A fee of $75 shall be charged at the time of the filing of the application
for the building permit for the fee of the engineer in reviewing the
application. This $75 shall be in addition to any other fees required
by Township ordinances.
5. Every owner of every lot upon which a building is erected in accordance
with paragraph g of this subsection shall within seven days after
completion of the foundation of the building, file with the Township
Engineer, for review, approval and verification of conformity with
the approved site plan marked "as built foundation plan" and certified
by a licensed engineer or land surveyor, to show the actual foundation
location and elevation. Driveway location and elevation, seepage pit
locations, and final site grades over the entire site are to be submitted
to the Township Engineer five working days prior to the issuance of
a certificate of occupancy.
No certificate of occupancy shall be issued unless the Township
Engineer has approved "as built" plans of the entire site as above
defined.
h. Waiver of Fees for Disabled Persons' Renovations. No person
shall be charged a construction permit surcharge fee or enforcing
agency fee for any construction, reconstruction, alteration or improvement
designed and undertaken solely to promote accessibility by disabled
persons to an existing public or private structure or any of the facilities
contained therein. This provision shall not apply to new residential
developments.
[Ord. #588; Ord. #607; Ord. #857; 1976 Code § 87-4]
a. Any person or corporation, including an officer, director or employee
of a corporation, shall be subject to a penalty as prescribed below
if such person or corporation commits any of the following violations.
b. Doing Work Without the Required Permits.
1. First offense Formal warning.
4. Each additional offense: $100 per day.
c. Occupying a residential dwelling or addition without first obtaining
a certificate of occupancy not to exceed: $100 per day.
d. Occupying a nonresidential building or portion thereof without first
obtaining a certificate of occupancy not to exceed: $200 per day.
e. Stopping or interfering with an inspector from performing a required
inspection up to: $250 per day per inspector.
f. Constructing contrary to the provisions of a construction permit,
the Uniform Construction Code Act or other applicable laws or ordinances
up to $500 per violation per day after issuance of a stop construction
order.
g. Failing to comply with an order issued by the enforcing agency up
to $500 per violation per day.
h. Making a false or misleading written statement or omitting required
information or statements in any application or request for approval
up to $500 per violation per day.
[Ord. #1685, § 1]
Prior ordinance history includes portions of Ordinance No. 1685.
That a certain document, three copies of which are in file in
the office of the Township Clerk of the Township of Mahwah, being
marked and designated as the 2009 International Property Maintenance
Code, as written by the International Code Council, be and hereby
is adopted as the Property Maintenance Code of the Township of Mahwah,
in the State of New Jersey; for the control of buildings and structures
as herein provided; and each and all of the regulations, provisions,
penalties, conditions and terms of said Property Maintenance Code
are hereby referred to, adopted, and made a part hereof, as if fully
set out in this section.
[Ord. #1685, § 1]
Ordinance No. 1303 and former Section 10-2 of the Code of the
Township of Mahwah are hereby repealed.
[Ord. #1685, § 1]
Nothing in this section or in the Property Maintenance Code
hereby adopted shall be construed to affect any suit of proceeding
impending in any court, or any rights acquired, or liability incurred,
or any cause or causes of action acquired or existing, under any act
or ordinance hereby repealed; nor shall any just or legal right or
remedy of any character be lost, impaired, or affected by this section.
[Ord. #1685, § 1]
All future updates of the 2009 International Property Maintenance Code shall replace any prior version thereof in Section
10-2.
[Ord. #1750 § 1]
a. N.J.S.A. 40:48-2.13 authorizes a municipality to adopt regulations
requiring the owner or tenant of a dwelling or lands located within
the municipality to remove and destroy brush, weeds, ragweed, dead
and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris where it is necessary and expedient for the preservation
of the public health, safety, general welfare, or to eliminate a fire
hazard.
b. N.J.S.A. 40:48-2.13a authorizes a municipality to adopt regulations
requiring the owner or tenant of a dwelling or land located within
the municipality to remove and destroy solid waste stored in such
a way as to be accessible to and likely to be strewn about by animals
where it is necessary and expedient for the preservation of the public
health, safety or general welfare.
c. N.J.S.A. 40:48-2.14 authorizes a municipality to assess a lien against
the subject property where the municipality has incurred expenses
to remove and destroy the harmful matter and vegetation after the
owner or tenant has failed to comply with a notice of violation and
order.
d. N.J.S.A. 40:48-2.26 authorizes a municipality to adopt regulations
requiring the owner or tenant of lands located within the municipality
to keep all brush, hedges and other plant life growing within 10 feet
of any roadway and within 25 feet of the intersection of two roadways
cut to a height of not more than 2 1/2 feet where it is necessary
and expedient for the preservation of the public safety.
e. N.J.S.A. 40:48-2.27 authorizes a municipality to assess a lien against
the subject property where the municipality has incurred expenses
to cut and remove the plant life after the owner or tenant has failed
to comply with a notice of violation and order.
[Ord. #1750 § 2]
The Township Council of the Township of Mahwah finds and declares
that the existence of matter and vegetation which is detrimental to
the public health, safety, or general welfare, or which constitutes
a fire hazard is a nuisance which must be abated. It is the purpose
and intent of these regulations to identify these conditions and provide
for their timely abatement.
[Ord. #1750 § 3]
The Construction Code Official or his designee is hereby designated
as the public officer authorized to exercise the power prescribed
by these regulations.
[Ord. #1750 § 4]
As used in this section, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended:
BRUSH
Shall mean a dense growth of underwood or vegetation, or
broken and cut branches.
DEBRIS
Shall mean any accumulation of broken and detached materials,
including fragments or ruins from construction, demolition or rehabilitation
projects.
FILTH
Shall mean any disgusting, foul or odorous matter not authorized
for use in agriculture.
GARBAGE
Shall mean any animal or vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
HARMFUL MATTER
Shall mean debris, filth, garbage, refuse, rubbish or trash
which poses a significant risk to the public health, safety or general
welfare or which constitutes a fire hazard.
HARMFUL VEGETATION
Shall mean brush, dead and dying trees, noxious growth, ragweed,
roots, stumps or weeds which pose a significant risk to the public
health, safety or general welfare, or which constitute a fire hazard.
NOXIOUS GROWTH
Shall mean growth which is harmful or injurious to health
or physical well-being.
REFUSE
Shall mean any matter, excluding garbage, that is discarded
as useless or worthless.
RUBBISH
Shall mean any combustible and noncombustible waste materials,
including boxes, cartons, cans, crockery, excelsior, glass, leather,
metals, mineral matter, paper, rags, rubber, wood and other similar
materials.
TRASH
Shall mean waste or worthless matter, including refuse and
rubbish.
WEEDS
Shall mean any plant that is troublesome, useless or injurious
to any cultivated crop or plant.
[Ord. #1750 § 5]
a. The public officer shall require the removal and proper disposal
of any harmful matter in any dwelling or on lands within the municipality
where it is necessary and expedient for the preservation of the public
health, safety or general welfare, or to eliminate a fire hazard.
b. The public officer shall require the removal and proper disposal
of any harmful vegetation in any dwelling or on lands within the municipality
where it is necessary and expedient for the preservation of the public
health, safety or general welfare, or to eliminate a fire hazard.
c. The public officer shall require the removal and proper disposal
of solid waste being stored in any dwelling or on lands within the
municipality in such a manner as to be accessible to and likely to
be strewn about by animals where it is necessary and expedient for
the preservation of the public health, safety or general welfare.
d. The public officer shall require that brush, hedges and other plant
life growing within 10 feet of any roadway and within 25 feet of the
intersection of two roadways be cut to a height of not more than 2 1/2
feet where it is necessary and expedient for the preservation of the
public safety.
e. The owner and the tenant in possession of any dwelling or lands shall
be the person responsible for compliance with these regulations.
f. The owner-landlord of any dwelling or lands shall be the person responsible
for compliance with these regulations where the condition exists on
the common areas under the exclusive control of the owner-landlord.
[Ord. #1750 § 6]
a. The public officer shall issue a notice of violation and order requiring
the responsible person to remove and destroy the harmful matter or
vegetation within 10 days from the date of service of the notice of
violation.
b. If the notice of violation involves solid waste stored in such a
manner that it is accessible to and likely to be strewn about by animals,
then the order may provide for its removal and destruction within
72 hours from the date of service of the notice of violation.
[Ord. #1750 § 7]
Where the responsible person fails to comply with the notice
of violation and order within the time specified in the order, the
public officer may provide for the removal and destruction of the
harmful matter and vegetation at the expense of the municipality.
[Ord. #1750 § 8]
a. In all cases where the harmful matter and vegetation has been removed
and destroyed under the direction of the public officer, at the expense
of the municipality, the public officer shall certify the cost thereof
to the Governing Body of the municipality plus an administrative fee
of $100.
b. The appropriate Township officials shall review the certification
and, if found to be correct, shall cause the cost incurred by the
municipality to be assessed against the subject property pursuant
to a resolution adopted by the Governing Body of the municipality.
The assessment shall become a lien against the subject property and
collected in the same manner as property taxes are assessed and collected.
[Ord. #1750 § 9]
It shall be unlawful for any person to violate the regulations contained in this section. Each day that a violation continues, after a notice of violation and an order for correction has been issued, and the time for correction has expired, shall constitute a separate violation. The penalties authorized under Chapter
1 of the Revised General Ordinances of the Township of Mahwah may be imposed for each violation.
[Prior source history: Ord. #694; 1976 Code §§ 83-1 — 83-10]
[Ord. #1751 § 1]
a. It is hereby found by the Township Council of the Township of Mahwah
and hereby declared that there exists in the Township of Mahwah buildings,
parts of buildings, or other facilities which are so old, dilapidated
or have become so out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human habitation, occupancy or use and are
inimical to the welfare and dangerous and injurious to the health
and safety of the people of the Township and that a public necessity
exists for the repair, closing or demolition of such building or buildings,
mobile home parks or other facilities or part or parts thereof.
b. Therefore, this section is hereby adopted to give this Township the
power, pursuant to N.J.S.A. 40:48-2.5 et seq., to exercise the Township's
police power to repair, close or demolish or cause or require the
repairing, closing or demolition of such buildings, or other facilities,
or part or parts thereof, or to abate any nuisance or correct any
condition in accordance with the terms of N.J.S.A. 40:48-2.12 f.
[Ord. #1751 § 2]
The Construction Code Official for the Township of Mahwah is
hereby designated and appointed as the public officer to exercise
the powers prescribed in this section.
[Ord. #1751 § 3]
a. When a petition is filed with the Construction Code Official by the
Township Council or by at least five residents of the Township charging
that any building, as defined by N.J.S.A. 40:48-2.4, is unfit for
human habitation, occupancy or use, or whenever it appears to the
Construction Code Official, on his own motion with notice to the Township
Council, that any such building is unfit for human habitation or occupancy
or use, the Construction Code Official shall, if his preliminary investigation
discloses a basis for such charges, issue and cause to be served upon
the owner of and parties in interest in such buildings, a complaint
stating the charges in that respect and containing a notice that a
hearing will be held before the Construction Code Official, or his
designated agent, at a place therein fixed, not less than seven days
nor more than 30 days after the serving of said complaint. The owner
and parties in interest shall be given the right to file an answer
to the complaint. The rules of evidence prevailing in the courts shall
not be controlling in hearings before the Construction Code Official.
b. If, after such notice of hearing, the public officer determines that
the building is unfit for human habitation or use, he shall state,
in writing, his findings of fact in support of such determination
and shall issue or cause to be served upon the owner thereof or the
parties in interest an order;
1. Requiring the repair, alteration or improvement of said building
to be made by the owner within a reasonable time, which time shall
be set forth in the order, or at the option of the owner to vacate
or have said building vacated and closed within the times set forth
in the order.
2. That if the building is in such a condition as to make it dangerous
to the health and safety of persons on or near the premises, the owner
fails to repair, alter or improve the said building within the time
specified in the order, then the owner shall be required to remove
or demolish said building within a reasonable time as specified in
said order of removal.
c. If the owner fails to comply with an order to repair, alter or improve
or, at the option of the owner, to vacate and close the building,
the Construction Code Official may cause such building to be repaired,
altered or improved, or to be vacated and closed. The Construction
Code Official may cause to be posted, on the main entrance of any
building so closed, a placard with the following words: "This building
is unfit for human habitation, occupancy or use; the use or occupation
of this building is prohibited and unlawful."
d. If the owner fails to comply with an order to remove or demolish
the building, the Construction Code Official may cause such building
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement for and receipt of bids therefor.
e. If the owner fails to comply with an order to repair, alter or improve and the owner elects not to comply with the order or to vacate or cause to be vacated the said premises, the Construction Code Official may proceed in accordance with subsections
10-4.9 and
10-4.10 as set forth herein.
[Ord. #1751 § 4]
All costs to the Township (expert witness fees, search fees
and advertising charges, repairs, alterations or improvements or vacating
and closing or removal or demolition) shall become municipal liens
against the real property upon which the costs were incurred in accordance
with the provisions of N.J.S.A. 40:48-2.5f.
[Ord. #1751 § 5]
The Construction Code Official may determine that a building
is unfit for human habitation, occupancy or use if he finds that conditions
exist in such building which are dangerous or injurious to the health
or safety of the occupants of such building, the occupants of neighboring
buildings or other residents of the Township of Mahwah. Such conditions
may include but are not limited to defects therein increasing the
risk of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities; dilapidation; disrepair, structural
defects; and uncleanliness.
[Ord. #1751 § 6]
Complaints or orders issued by the Construction Code Official
pursuant to this section shall be served upon persons either by registered
mail; or, if the whereabouts of such person is unknown and the same
cannot be ascertained by the Construction Code Official in the exercise
of reasonable diligence and the Construction Code Official shall make
an affidavit to that effect, then the serving of such complaint or
order upon such persons may be made by publishing the same one time
in The Record. A copy of said complaint or order shall be posted in
a conspicuous place on the premises affected by the complaint or order.
A copy of such complaint or order shall be duly recorded or lodged
for record with the County Clerk of Bergen County.
[Ord. #1751 § 7]
Any person aggrieved by an order issued by the Construction
Code Official under this chapter may, within 30 days after the posting
and service of such order, bring an action for injunctive relief to
restrain the Construction Code Official from carrying out the provisions
of the order, in accordance with the provisions of N.J.S.A. 40:48-2.8.
The remedy herein provided shall be exclusive, and no person affected
by an order of the Construction Code Official shall be entitled to
recover any damages for action taken pursuant thereto, or because
of noncompliance by any person with any order of the Construction
Code Official.
[Ord. #1751 § 8]
The Construction Code Official may exercise the following powers
as may be necessary or convenient to carry out and effectuate the
purposes and provisions of this chapter, including the following powers
in addition to those already granted under this chapter:
a. To investigate the building conditions in the Township in order to
determine which buildings therein are unfit for human habitation,
occupancy or use.
b. To administer oaths and affirmations, examine witnesses and receive
evidence.
c. To enter upon premises for the purpose of making examinations, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
d. To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this section.
e. To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
[Ord. #1751 § 9]
The Township Council of the Township of Mahwah, by resolution,
may authorize the Construction Code Official to abate a nuisance,
correct a defect or put the premises in proper condition so as to
comply with the requirements of any Township ordinance or State law
applicable thereto, at the cost of the owner or lessor, and expend
municipal funds for such purposes and charge the same against the
premises and the amount thereof, as determined by the Township Council
of the Township of Mahwah, shall be a lien against the premises.
[Ord. #1751 § 10]
a. The Township Council may, by resolution, appoint a custodian of any
such building, structure or premises on behalf of the municipality,
who may be either an officer of the Township or any other person specially
designated to enter into and take charge of the premises and supervise
abatement of the nuisance, the correction of the defective condition
or the maintenance of the premises in a proper condition so as to
conform to the requirements of all municipal ordinances and State
laws applicable thereto.
b. If the custodian is some person other than a full-time employee of
the Township of Mahwah, he shall be paid an hourly rate equal to those
Township employees paid by the Annual Salary Ordinance receiving the
highest hourly rate. The costs and expenses of said custodian shall
be collectible by the Township from the owner or lessor of the premises
as provided in this section.
c. In the event that any owner of a building or structure or premises
in the municipality shall violate the provisions of this section,
or fail to abate a condition harmful to the health and safety of the
occupants of the premises and the general public in the Township after
notice and opportunity to do so, the Construction Code Official may,
by and with the approval of the Township Council of the Township of
Mahwah, bring an action in the Superior Court to be appointed receiver
ex officio of the rents and income of such real property for the purpose
of collecting the rents and income from such property and expend the
same for purpose of abating said conditions. Said rents and income
so collected by the receiver shall also be available for the payment
of such costs and expenses of the receivership, as may be adjudged
by the court, and for the payment to the municipality of any fines
or penalties which may have been imposed on the owner for violations
of this section and which have not been paid by the person liable
therefor. Such receiver shall not be required to give bond and shall
be appointed only for said purpose.
d. Upon his appointment, the receiver, by and with the approval of the
Township Council of the Township of Mahwah in all cases where the
property in question is encumbered by a first mortgage, shall appoint
such first mortgagee, if such mortgagee is a proper person and is
willing to accept such appointment, as the receiver's agent to
collect the rents and income from such real property and manage the
same, and in all other cases the receiver, by and with the approval
of the Township Council of the Township of Mahwah, may designate the
person in charge or management of such real property or such other
competent person as the receiver's agent to collect the rents
and income from such real property and manage the same, which mortgagee
or other person shall account promptly to the receiver for the rents
and income so collected; provided, however, that if the mortgagee
or other person so designated is derelict in collecting or accounting
for such rents and income or in the management of such real property,
the receiver shall apply to the court for the removal of such designated
mortgagee or other person, upon notice in writing to him, and the
court, upon removing such designated mortgagee or other person, in
its discretion, may designate another person to collect the rents
and income from such real property and manage the same and account
to the receiver for the rents and income of such real property as
aforesaid.
e. In any such receivership, no fees shall be allowed the receiver,
or his counsel, for actions as such receiver or counsel.
[Ord. #121; 1976 Code § 125-1; New]
All buildings and lots of land along the streets, roads, avenues
and highways of the Township shall be assigned street numbers by the
Township Assessor.
[Ord. #121; 1976 Code § 125-2]
Every lot, tract or parcel of land within the limits of the
Township is hereby assigned the number designated on the Key Map hereinbefore
referred to, and each and every building shall be numbered and designated
in accordance with the map. A number shall be assigned to every 50
feet of street frontage regardless of the original frontage of the
lot or plot upon which said building is erected.
[Ord. #121; 1976 Code § 125-3]
Every building within the limits of the Township shall have
its number prominently displayed on the street side of the building,
and such number shall not be less than three inches in height.
[Ord. #121; 1976 Code § 125-4]
The number or numbers applicable to each building shall be ascertained
from the Key Map hereinbefore mentioned by the owner, occupant, tenant
or agent thereof.
[Ord. #121; 1976 Code § 125-5]
The number or numbers for buildings within the limits of the
Township shall be ascertained and placed on the buildings as hereinbefore
provided not later than 60 days after the final passage of this section.
[Ord. #121; 1976 Code § 125-6]
Upon failure of any owner, occupant, tenant or agent to ascertain
and affix upon any building or buildings the number or numbers applicable
to the building or buildings within 60 days after the final passage
of this section, it shall be lawful for the Township Council to cause
to be affixed to such building or buildings the number or numbers
applicable thereto by an agent duly appointed by resolution for such
purpose. Such agent shall execute a return to the Township Council
of the cost of so affixing the number or numbers, and the Collector
of Taxes of the Township, upon certification to him, shall charge
the same to the owner or owners of the building or buildings and collect
the same in the same manner as all taxes are collected, and such cost
shall be a lien upon the land.
[Ord. #121; 1976 Code § 125-7]
For the purposes of this section, the normal north and south
axis will be the center line of the Erie Railroad. From this main
north and south axis, all streets running east and west shall begin
their numbers at the railroad, with the following exceptions: Culvert
Road numbers shall start with zero at Franklin Turnpike and proceed
westerly to Island Road; East Ramapo Avenue shall start at Franklin
Turnpike instead of the railroad and likewise proceed with zero at
Franklin Turnpike and progress westerly. Otherwise all numbers shall
start at the railroad with zero and proceed advancing from this axis
either easterly or westerly. At Island Road, all numbers running westerly
from Island Road shall start from 100. On Franklin Turnpike, all numbers
shall start at 100 and progress easterly. All odd numbers in every
case shall be on the east and north sides of the street and all even
numbers on the west and south sides.
[Ord. #121; 1976 Code § 125-8]
In the case of streets making right-angle turns, the Township
Council, by resolution, shall designate the method of numbering. All
numbers on streets running north and south shall start with zero either
at the state line or at their most northerly point, and numbers will
progress increasingly in a southerly direction.
[Ord. #121; 1976 Code § 125-9]
Any and all matters not otherwise determined by this section
shall be determined by resolution of the Township Council.
[Ord. #885, § I]
A reflective dish structure which is designed for the purpose
of receiving television, radio, microwave, satellite or similar signals.
[Ord. #885, § II]
a. Application for the installation of a satellite antenna must be made
to the Construction Official and receive his approval before installation.
b. In order for the installation to be approved the following criteria
must be met:
1. A satellite antenna shall be constructed in conformance with manufacturer's
specifications and shall be anchored in a solid foundation so that
the front face of the dish shall withstand a static wind load of not
less than 75 mph.
2. In residential zones the satellite shall be mounted on the ground
and shall be located in the rear yard.
3. In nonresidential zones the satellite antenna may be mounted on the
roof of the principal structure or it may be mounted on the ground
in the rear yard.
4. When mounted on the ground, the overall height from the rear ground
level to the lowest point of the satellite antenna shall not exceed
two feet.
5. When mounted on the ground, the satellite antenna shall be located
in the rear yard and shall comply with the yard and setback requirements
for the principal structure on the lot.
6. When mounted on the ground, the satellite antenna must be screened
by plantings of evergreens or hedges with a minimum height of four
feet placed around the antenna so as to screen and buffer it from
neighboring properties. These plantings must be planted in such a
fashion as to provide a living barrier from the adjoining properties.
7. When mounted on the roof of a principal structure, the top of the
satellite antenna shall not be more than six feet above the highest
point of the roof or parapet walls of the structure provided also
that the top of the satellite antenna does not exceed the height limitation
of the zoning district.
8. Prior to the installation of a satellite antenna, there must be a
principal structure upon the lot.
9. All satellite antennas shall be located and screened so as to minimize
motor noise and visibility from the street and neighboring properties.
The ability of the applicant to install the satellite antenna in an
unobtrusive location and to minimize the visual and noise impact on
neighboring properties shall be a major factor in determining whether
or not a permit is issued.
10. No lot shall contain more than one satellite antenna.
11. The satellite antenna shall not exceed 10 feet in diameter.
c. In the event the Construction Official denies a permit for a satellite
antenna, the applicant may appeal to the Board of Adjustment for a
variance.
d. Fees and Penalties. The application fee for a satellite antenna permit shall be $50. All other relevant construction fees and penalties as set forth in Chapter
10 of the Revised General Ordinances of the Township of Mahwah shall apply to the installation of a satellite antenna.
[Ord. #1224, § I]
a. Notwithstanding any other provisions of the Township Code, there
shall be permitted in all zoning districts of the Township, satellite
reception antennas having a diameter of one meter or less. A satellite
reception antenna having a diameter of two meters or less is permitted
in all business, industrial or commercial zone districts.
b. No application for installation of a satellite antenna under subsection
10-6.3a is required for an exempt satellite reception antenna.
[Ord. #1520, § I]
Pursuant to the Senior Citizen and Disabled Protected Tenancy
Act, (N.J.S.A. 2A:18-61.22 et seq.) (The "Act"). Pursuant to N.J.S.A.
28:18-61.26, the Township Clerk is hereby designated as the administrative
agency for the purpose of administering the municipal provision of
this Act. The Township Clerk is also hereby designated as the Designated
Administrative Officer who shall assume the municipal duties under
this Act and shall collect the fees prescribed herein.
[Ord. #1520, § I]
The following procedures shall apply to any building being converted
to the condominium or cooperative form of ownership:
a. The owner of the conversion of any building shall, prior to filing
of an application for registration, notify the Designated Administrative
Officer of the intention to file the application for registration
and shall supply the Designated Administrative Officer with a current
tenant list and stamped envelopes addressed to each tenant, each such
envelope containing copies of all required notices to be given to
such tenants and all documents required pursuant to N.J.A.C. 5:24-2.9.
b. Within 10 days of the receipt of the notice of intention, the current
tenant list and the stamped, addressed envelopes and copies of all
notices, the Designated Administrative Officer shall mail to each
tenant the notice required by the Act and all necessary forms and,
within two business days of mailing, shall submit to the owner or
sponsor an affidavit that the Designated Administrative Officer has
notified each tenant as aforesaid.
c. A tenant seeking protected tenancy status shall file a completed
application form with the Designated Administrative Officer within
60 days of receipt of such notice and application form.
d. The Designated Administrative Officer shall accept all applications
completed and submitted by the tenants seeking the benefits of the
protected tenancy status of the Act and shall determine eligibility
in accordance with the criteria of the Act. Such determinations of
eligibility shall be made with respect to each application within
30 days after receipt of the completed application.
e. An application form shall be deemed to be completed when all supplementary
documentation required by the Designated Administrative Officer has
been submitted. Upon request of the Designated Administrative Officer,
a tenant seeking protected tenancy status shall supplement the form
with such documentation as the Designated Administrative Officer shall
deem necessary to make determination as to eligibility. An application
shall be deemed incomplete and shall not be accepted if supplementary
documentation is not provided to the Designated Administrative Officer
within 10 days of request therefore.
f. Any tenant qualifying for protected status shall be promptly notified
of eligibility by the Designated Administrative Officer. Any tenant
who does not qualify for protected status shall be likewise notified
of the determination, and the reasons for ineligibility shall be set
forth in such notice. Notices of determination as to eligibility and
ineligibility as to each tenant who has applied shall be provided
to the owner or sponsor of the plan or conversion.
[Ord. #1520, § I]
The following fees shall be paid to the Township of Mahwah by
the owner of any building or structure who seeks to convert any premises
subject to the Act:
a. At the time of notification of the Designated Administrative Officer
pursuant to N.J.S.A. 2A:18-61.27, a fee in the amount of $150 per
building sought to be converted shall be paid to the Designated Administrative
Officer. In addition, a fee in the amount of $125 per apartment or
unit in the building sought to be converted shall be paid to the Designated
Administrative Officer.
b. In the event that the administrative agency is required to conduct
an appeal or hearing, whether at the instance of the owner or of any
tenant, the owner of the building shall pay to the Township of Mahwah
a fee in the amount of $150.
[Ord. #1520, § I]
The determination of the Designated Administrative Officer may
be appealed to the Township Council by any aggrieved person through
an administrative hearing:
a. Application for an administrative hearing shall be made to the Designated
Administrative Officer within 10 days of receipt by the aggrieved
person of notice of determination. Said application shall have attached
thereto the administrative hearing fee of $150.
b. The administrative hearing shall be held within 10 days of application
therefore, except in extenuating circumstances, at the discretion
of the Designated Administrative Officer.
c. Notice of hearing shall be given to all known parties in interest
who may testify, present evidence and examine adverse witnesses and
evidence.
d. The hearing shall be before the Township Council and a sound recording
shall be made.
e. Within 10 days of the close of the hearing by the Township Council,
it shall issue a final written decision and state the reasons therefor.
Pursuant to N.J.A.C. 5:242.7(g), appeal from such final decision shall
be to the courts.
[Ord. #1520, § I]
This Chapter shall be subject to the provisions of N.J.S.A.
2A:18-61.22 et seq. which are specifically incorporated by reference
into this Chapter.
[Ord. #1520, § I]
If any subsection, sentence, clause, phrase or portion of this
section is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision, and such holding shall not affect
the validity of the remaining portions hereof.