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Township of Plumsted, NJ
Ocean County
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Table of Contents
Table of Contents
There is hereby established in the Township a State Uniform Construction Code enforcing agency to be known as the Building Official's Office, consisting of a construction official, building inspector, building subcode official, plumbing inspector, plumbing subcode official, electrical inspector, electrical subcode official, fire protection inspector, 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.
The term of appointment of the officials created in § 6-1 shall be for four (4) years commencing January 1, 1977, and 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 to P.L. 1975, c. 217 and N.J.A.C. 5:23 to hold each such position.
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. #2000-02, § 1; Ord. #2000-06, § 1; Ord. #2003-12, § 1; Ord. #2006-20, § 1; Ord. #2007-09, § 1; Ord. #2009-11, §§ 1-3; Ord. #2009-18, § 1; Ord. #2011-01; Ord. # 2012-10, §§ 1,2; Ord. # 2012-13, §§ 1,2; Ord. #2013-08; Ord. #2013-10 §§ 1-3; Ord. #2014-03]
A. 
General.
(1) 
The fee for plan review shall be paid at the time of submission of an application for a permit. The amount of this fee shall be deducted from the amount of the fee due for a construction permit, when and if the permit is issued. Plan review fees are not refundable.
(2) 
The fee to be charged for a construction permit will be the sum of the basic construction fee computed in accordance with C below, plus any applicable special fees, such as elevator or sign fees. This fee shall be paid before a permit is issued.
(3) 
The fee to be charged for a Certificate of Occupancy shall be paid before a certificate is issued. This fee shall be in addition to the construction permit fee.
(4) 
The fee to be charged for an annual construction permit shall be charged annually. This fee shall be administered in accordance with N.J.A.C. 5:23-4.18(a)4 and 5:23-4.18(a)5.
(5) 
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 private structure or any of the facilities. A disabled person or a parent or sibling of a disabled person shall not be required to pay any municipal fee or charge in order to secure a construction permit for any construction, reconstruction alteration or improvement which promotes accessibility to his own living unit. For the purpose of this section "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 not be limited to, any resident of the State of New Jersey who is disabled pursuant to the federal Social Security and as outlined in N.J.A.C. 53:27D-126e.
B. 
Plan review fees. Plan review fees are computed as a percentage of the amount to be charged for a construction permit.
C. 
Basic construction fee. The basic construction fee is computed on the basis of the volume of a building, in accordance with N.J.A.C. 5:23-2.28, or in the case of alterations, the estimated construction cost, and the number and type of plumbing, electrical and fire protection fixtures or devices as herein provided.
(1) 
Volume or cost. Fees for new construction or alterations shall be as follows:
(a) 
Fees for renovations, alterations, reroofing and repairs, and for the installation and foundation systems of premanufactured construction and the external utility connections for pre-manufactured construction, shall be based upon the estimated cost of the work. The fee is computed as a unit rate per one thousand dollars ($1,000) of estimated cost.
(b) 
Fees for renovations, alterations and repairs are based upon the estimated cost of the work. The fee is computed as a unit rate per one thousand dollars ($1,000) of estimated cost.
(c) 
Fees for additions are computed on the same basis as for new construction for the added portion.
(d) 
Fees for combination renovations and additions shall be computed as the sum of the fees for the addition and alteration computed separately in accordance with (b) and (c) above.
(e) 
The unit rates vary for different occupancy groups.
(f) 
Temporary structures and all structures for which volume cannot be computed, such as swimming pools and open structural towers, are charged a flat rate.
(g) 
Fees for minor construction work are based upon the estimated cost of the work. The fee is computed as a unit rate per one thousand dollars ($1,000) of estimated cost or fraction thereof.
(2) 
Plumbing fixtures and appurtenances. Fees are based upon the number of plumbing fixtures, devices, plumbing stacks and utility service connections to be installed. Utility service connections include sewer, water and gas service connections. The fee is a unit per device, stack and utility service connection. The unit rate varies for different types of fixtures and utility service connections.
(3) 
Electrical fixtures and devices. Fees are based upon the number of electrical fixtures and devices to be installed. The fee is a unit rate per fixture and device. The unit rate varies for different types of fixtures.
(4) 
Fire fees are based upon the number of sprinkler heads, standpipes and detectors (smoke and heat). Fees are also charged for the inspection of premanufactured fire suppression systems, for gas and oil fired appliances not connected to the plumbing system, for kitchen exhaust systems and for incinerators and crematoriums.
D. 
Demolition permit fees. Permit fees for demolition of or the removal of a building or structure is a flat fee. This fee varies according to type of structure and whether or not there has been a condemnation as set forth herein. This fee may be waived if the owner makes the structure available to the local fire department for training purposes and thereafter within forty-eight (48) hours of termination of use of the structure by the local fire department has the structure razed. The local fire department shall indemnify and hold harmless the Township and the owner from any liability. No building debris or demolition material shall be permanently deposited on-site but all demolition material and debris shall be disposed of in accordance with applicable solid waste disposal laws and regulations.
E. 
Sign permit fees. The fee for a permit to construct a sign is a flat fee per sign.
F. 
Certificate of Occupancy fees.
(1) 
The fee for a Certificate of Occupancy for new construction is computed as a percentage of the fee to be charged for the construction permit.
(2) 
The fees for Certificates of Continued Occupancy, Certificates of Occupancy granted pursuant to a change of use, and for multiple Certificates of Occupancy are a flat fee.
(3) 
R-5 dwellings on permanent foundation systems shall submit proof that a private licensed home inspector has been retained and inspection completed. Such proof shall be completed and submitted to the Technical Assistant with the Smoke Detector application and fee of seventy-five dollars ($75). For properties that no licensed home inspector has been retained and has been vacant for over ninety (90) days a fee of one hundred twenty-five dollars ($125) will be charged for a continued Certificate of Occupancy inspection. There will be a twenty-five dollar ($25) fee charged for reinspections on both Certificate of Occupancy and Continued Certificates of Occupancy.
G. 
Elevator fees. The fee for a permit to install an elevator or to inspect an elevator is a flat fee. The elevator subcode fees shall be the departmental fees as set forth in N.J.A.C. 5:23-12-6 for test and inspections; and N.J.A.C. 5:23-4.20(c) 6 and 7 for plan review of elevator devices.
H. 
Whenever a permit is received based on an approved prototype plan, the permit shall be reduced by the amount of the plan review fee.
I. 
A surcharge fee in the amount of $0.00265 per cubic foot of volume shall be charged for all new buildings and additions. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The surcharge fee for all other construction shall be $1.35 per one thousand dollars ($1,000) of value of construction. The surcharge fee is a charge pursuant to N.J.A.C. 5:23-4.19.
J. 
All computed fees, which would normally contain cents, shall be rounded to the next highest even dollar amount.
K. 
Enforcing agency fees.
(1) 
Plan review fee. The fee for plan review shall be twenty percent (20%) of the amount to be charged for a new construction permit.
(2) 
The minimum fee for a basic construction permit, covering any, or all building, plumbing electrical or fire protection work is eighty-five dollars ($85).
(3) 
New structure fees:
(a) 
Use groups B, H, I-1, I-2, I-3, M, E, R-1, R-2, R-3, R-4, R-5, U: $0.040 per cubic foot.
(b) 
Use groups A-1, A-2, A-3, A-4, F-1, F-2, S-1: $0.030 per cubic foot.
(c) 
Use groups S-2 and commercial farm buildings: $0.010 per cubic foot, maximum fee not to exceed $1,000.
(4) 
Renovations, alterations, repair and minor work fees. The applicant shall submit cost data by the architect or engineer of record, a recognized estimating firm or by contractor bid. The Construction Official will review the construction costs for acceptability. The fees shall be:
(a) 
Estimated costs up to and including $50,000: $25 per $1,000 — residential; $30 per $1,000 commercial.
(b) 
Portions of costs from $50,001 up to and including $100,000: additional fee of $20 per $1,000 — residential; $25 per $1,000 commercial.
(c) 
Portion of costs above $100,000: additional fee of $15 — residential; $20 — commercial.
(5) 
Plumbing fees:
(a) 
The fee shall be $25 per fixture, vent or stack. For the purpose of computing this fee, fixture vents or stacks shall include, but are not limited to, water closets, urinals, bidets, lavatories, sinks, showers, floor drains, washing machines, dishwashers, residential water heaters, hose bibs, residential central air conditioning, indirect connections, residential solar systems, roof drains, storm drains, entrapment avoidance, leaders and gutters, non-testable backflows and appurtenances.
(b) 
The fee shall be $90 per special device. For purpose of computing this fee, special device shall include, but not limited to, sewer injectors, grease traps, oil interceptors, backflow devices, pumps, boilers or furnaces, reduced pressure backflow devices, commercial-industrial water heaters, commercial-industrial water cooled air conditioning units, commercial-industrial refrigeration systems and commercial-industrial solar systems and appurtenances.
(c) 
Cross connections and backflow preventers that are subject to testing, requiring inspection annually: $75.
(d) 
The minimum fee for an inspection is $85.
(e) 
Lawn sprinkler flat fee: $55. (Residential non-testable backflows and appurtences)
(f) 
The fee shall be $75 for single boiler hydronic piping for a single-family residence. For all other structures, the fee shall be $35 per floor of each structure.
(g) 
The fee shall be $60 per unit for commercial-industrial refrigeration piping.
(h) 
The fee shall be $85 per unit for commercial-industrial water cooled air conditioning.
(i) 
The fee shall be $135 for installation of piping on a commercial-industrial fuel oil tank.
(j) 
LP gas tanks shall be $85 (residential), minimum fee all others $125 (commercial LPG tanks).
(k) 
The fee shall be $75 each sewer/septic and water utility connection.
(l) 
Mechanical fees shall be as follows: The fee shall be $85 for each fuel oil, steam boiler, hot water boiler, hot air furnace, oil tank and LPG tank. The fee shall be $45 for each gas piping.
(6) 
Electrical fees:
(a) 
Electrical fixtures and devices.
[1] 
From 1 to 40 receptacles, fixtures, or switches: $75.
[2] 
Each additional 25 receptacles, fixtures, or switches: $50.
[3] 
Receptacles, fixtures, or switches shall include lighting outlets, smoke detectors, heat detectors, fluorescent fixtures, light standards (8 feet or less) rain sensor, burglar alarm devices, intercom devices, thermostats, telephone outlets, garbage disposals and CRT outlets.
[4] 
Fee for residential solar projects shall be $195.
(b) 
Any similar devise or motor of one horsepower or one kilowatt or less:
[1] 
Motors:
1 HP to 10 HP
$15.00
10.1 HP to 50 HP
$65.00
50.1 HP to 100 HP
$130.00
Larger than 100 HP
$665.00
[2] 
Electrical devices (includes solar inverters and combiner boxes):
1 kW to 10 kW
$15.00
10.1 kW to 45 kW
$65.00
45.1 kW to 112.5 kW
$130.00
Greater than 112.5 kW
$1,200.00
Note: kW ratings must be noted on application in order to assess proper fees.
[3] 
Transformers and generators:
1 kW to 10 kW
$15.00
10.1 kW to 45 kW
$65.00
45.1 kW to 112.5 kW
$130.00
Larger than 112.5 kW
$665.00
(c) 
Service equipment including:
Service Panel Service Entrances Sub-Panels
0 to 200 AMP
$130.00
201 to 600 AMP
$300.00
601 to 1000 AMP
$800.00
Larger than 1000 AMP
$1,200.00
(d) 
Pools:
[1] 
Residential permanently installed pools, inground or above ground, including hot tubs/spa, fountains (each) $125.00
[2] 
Public: for fees, apply Subsections 1(a) (b) (c), 2 (a) (b) & 3
[3] 
Annual pool inspection: $150.00
(e) 
Light standards exceeding 8 feet in height (each): $75.00
(f) 
Commercial alarm control unit: $150.00
[1] 
Note: price does not include devices; refer to item in Subsection (a) (b) & (c)
[2] 
Communication closet: $150.00
(g) 
The minimum fee for an inspection is: $85.00
(7) 
Fire protection fees:
(a) 
Sprinkler heads or detectors:
1-20 heads or detectors
$100.00
21-100 heads or detectors
$150.00
101-200 heads or detectors
$300.00
201-400 heads or detectors
$800.00
401-1000 heads or detectors
$1,600.00
Over 1000 heads or detectors
$1,600.00
(b) 
Independent pre-engineered systems
(each): $130.00
(c) 
Standpipe fees: $330.00
(d) 
Gas or oil fired appliances not connected to a plumbing system: $85.00
(e) 
Kitchen exhaust systems (each): $65.00
(f) 
Smoke control systems (each): $65.00
(g) 
Incinerator: $450.00
(h) 
Crematorium: $450.00
(i) 
Installation of above or underground fuel tank: $200.00
(j) 
Installation of above or underground fuel tank for R-5 use only: $65.00
(8) 
Elevators. The fee for a permit to install an elevator shall be two hundred sixty dollars ($260).
(9) 
Certificates and other permits.
(a) 
The fee for a demolition or removal permit shall be as follows: Class I — two hundred dollars ($200); Class II — one hundred fifty dollars ($150); Class III — one hundred dollars ($100) for one- or two-family residence (use group R-3 and R-4 of the Building Subcode) and structure on farms including commercial farm buildings under N.J.A.C. 5:23-3.2D(2) used exclusively for storage of food or grain or sheltering of livestock, and one hundred dollars ($100) for all other use groups (per structure). For buildings where there has been a condemnation, the fee shall be three hundred dollars ($300). The fee for abandonment removal or closure of an underground fuel storage tank is seventy-five dollars ($75) per residential tank and one hundred fifty dollars ($150) per for all other classifications.
(b) 
The fee to construct a sign shall be fifty dollars ($50) per sign in addition to electrical fee, if required.
(c) 
The fee to construct a swimming pool shall be (this fee is in addition to any fees associated with a required electrical inspection): Residential — fifty dollars ($50) for an above-ground pool and one hundred dollars ($100) for an in-ground pool. Public — one hundred dollars ($100) for an above-ground pool and two hundred dollars ($200) for an in-ground pool.
(d) 
The fee to construct a fence shall be thirty-five dollars ($35).
[1] 
Fences six (6) feet and under must be approved by the Zoning Officer pursuant to the Zoning Ordinance.
(e) 
(Reserved)
(f) 
(Reserved)
(g) 
The fee to construct an open structural tower shall be one hundred fifty dollars ($150) each.
(h) 
The fee to construct a roof mounted antenna structure more than twelve (12) feet above the roof shall be one hundred fifty dollars ($150) each.
(i) 
The fee to construct a spray booth or room shall be three hundred dollars ($300) each.
(j) 
(Reserved)
(k) 
The fee to erect a tent or membrane structure shall be one hundred fifty dollars ($150) each (applied to tents and membrane structures larger than nine hundred (900) square feet or exceeding thirty (30) feet in any dimension and containing platforms and/or special electrical equipment covering an area in excess of one hundred twenty (120) square feet, including all connecting areas or spaces with a common means of egress or entrance and used or intended to be used for gathering together of ten (10) or more persons).
(l) 
The fee for a Certificate of Occupancy shall be in the amount of ten percent (10%) of the new construction permit. The minimum fee shall be eighty-five dollars ($85), except for one or two-family (use group R-3 of the Building Subcode) structures of less than five thousand (5,000) square feet in area and less than thirty (30) feet in height, and structures on farms, including commercial farm buildings subject to N.J.A.C. 5:23.2D(2), used exclusively for storage of food or grain, or sheltering of livestock, for which the minimum fee shall be fifty dollars ($50). The fee for a shed-type structure two hundred (200) square feet or less that is an accessory to a single family dwelling shall be zero dollars ($0).
(m) 
The fee for a Certificate of Occupancy granted pursuant to a change of use group shall be one hundred fifty dollars ($150).
(n) 
The fee for a Certificate of Continued Occupancy shall be one hundred fifty dollars ($150).
(o) 
There is no fee for a Temporary Certificate of Occupancy.
(p) 
There shall be no fee for a Certificate of Approval certifying that work done under a construction permit has been satisfactorily completed.
(q) 
(Reserved)
(r) 
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be five hundred dollars ($500) for Class I structures and fifty dollars ($50) for Class II and Class III structures.
(s) 
The fee to inspect a fireplace and chimney is fifty dollars ($50).
(t) 
The fee to install a fuel tank is one hundred dollars ($100).
(10) 
Periodic inspections. Fees for the periodic reinspection of equipment and facilities granted a certificate of approval for a specified duration in accordance with N.J.A.C. 5:23-2.23 shall be as follows:
(a) 
For elevators, escalators and moving walks requiring reinspection every six (6) months, the fee shall be eighty-five dollars ($85), elevator subcode fees shall be the departmental fees as set forth by N.J.A.C. 5:23-12-6 for test and inspections; and N.J.A.C. 5:23-4.20(c) 6 and 7 for plan review of elevator devices, except for each five (5) year inspection and witnessing of test on elevators for which the fee shall be two hundred eight dollars ($208).
(b) 
For dumbwaiters requiring reinspection every twelve (12) months, the fee shall be twenty-six dollars ($26).
(c) 
For cross connections and back-flow preventers that are subject to testing, requiring reinspection every twelve (12) months, the fee shall be thirty-three dollars ($33) for each device when they are tested.
(11) 
Annual permits. The fee to be charged for an annual construction permit shall be charged annually. The fee shall be a net fee based upon the number of maintenance workers who are employed by the facility, and who are primarily engaged in work that is governed by a subcode. Managers, engineers and clericals shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits may be issued for building/fire protection, electrical and plumbing. Fees shall be as follows:
(a) 
One (1) to twenty-five (25) workers (including foreman), five hundred dollars ($500) per worker, each additional worker over twenty-five (25), two hundred dollars ($200) per worker.
(b) 
Prior to the issuance of the annual permit, a training registration fee of one hundred and forty dollars ($140) per subcode shall be submitted by the applicant to the Department of Community Affairs, Construction Code Element, Training Section, along with a copy of the construction permit. Checks shall be made payable to "Treasurer, State of New Jersey."
(12) 
Administrative fees.
(a) 
For each construction permit issued for an asbestos hazard abatement: seventy dollars ($70).
(b) 
For each Certificate of Occupancy issued following the successful completion of an asbestos abatement project: fourteen dollars ($14).
[Ord. #2000-06, § 2]
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and Township Committee annually, a report recommending a fee schedule based on the operating expenses of the agency, and any other expenses of the Township fairly attributable to the enforcement of the State Uniform Construction Code Act.
[Ord. #2000-06, § 3; Ord. #2003-12, § 2]
A. 
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 of $.00265 per cubic foot of volume of new construction. A state training surcharge fee for other structures, which is one dollar and thirty five cents ($1.35) per one thousand dollars ($1,000) of value of construction, shall be collected. The surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarter ending September 20, December 31, March 31 and June 30, and no later than one (1) month next succeeding the end of the quarter for which it is due. In the fiscal year in which the regulations first become effective, said fee shall be collected and remitted for the third and fourth quarters only.
B. 
The enforcing agency shall report at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year. In the fiscal year in which the regulations first become effective, said report shall be for the third and fourth quarters only.
[Ord. #96-09, § 1; Ord. #2005-08, § I]
A. 
All grading, excavation or embankment construction shall be in accordance with the approved final plans and shall provide for the adequate disposal of all stormwater runoff and such groundwater seepage as may be encountered. No excavated material may be removed from the site except in accordance with an approved final plan nor without the prior approval of the Township Engineer. Where borrowed excavation materials from off-site sources are required to complete the necessary grading, such material shall be subject to the approval of the Township Engineer.
B. 
Any unsuitable material which cannot be satisfactorily utilized on the site shall be removed from the site and disposed of at places to be provided by the developer.
C. 
Lot grading. Lots shall be graded to secure drainage and to prevent the collection of stormwater. Said grading shall be performed in a manner which will minimize the damage to or destruction of trees growing on the land. Topsoil shall be provided and/or redistributed on the surface as cover and shall be stabilized by seeding or planting. Grading shall be designed to prevent or minimize drainage to structures or improvements when major storms exceeding the design basis of the storm drainage system occur.
(1) 
Unless otherwise approved by the Township Engineer, all tree stumps, masonry and other obstructions shall be completely removed.
(2) 
The grading in an area of septic design shall conform to septic parameters without unsightly mounding.
(3) 
A building permit shall not be issued for any new residential dwelling without a grading plan approved by the Municipal or Planning Board Engineer. An overall site grading plan approved by the Planning Board as part of a subdivision approval shall be acceptable as an approved grading plan for the individual lots within that subdivision, provided however, that the Planning Board has not specifically required individual grading plans within that subdivision. The grading plan must cover enough of the lot area to clearly show that the grading scheme will effectively carry runoff away from the dwelling building and not adversely impact the remainder of the lot or its adjoiners. There shall be a fee of one hundred seventy-five dollars ($175) for review of an individual grading plan by the Municipal Engineer payable to the Township. If the plan is rejected and an additional review is necessary, there will be an additional charge of one hundred dollars ($100).
(4) 
Prior to the issuance of a Certificate of Occupancy, a certification by a licensed New Jersey Professional Engineer shall be presented to the Construction Official that the house was constructed and the lot graded in accordance with the approved grading plan. If the as-built grading plan has been revised from that of the approved plan, a revised grading plan showing as-built conditions must be presented for approval by the Municipal Engineer together with a review fee of one hundred dollars ($100).
(5) 
The aforementioned subsections 6-7 C(3) and 6-7 C(4) shall not be applicable for buildings intended for agricultural use; individual building lots of two and one-half (2-1/2) acres or more; or additions to existing residential dwelling units. This exception shall not relieve the owner of any responsibility of the effect of the construction and/or grading on the owners property.
[Ord. #96-02, § 2]
A. 
Applicants seeking zoning and/or building permits for minor residential construction may be relieved of the requirement of submitting a survey if all of the following conditions apply:
(1) 
Construction will not impact the nature of the property, or the intensity of its use.
(2) 
Construction is complementary to the residential use of the property.
(3) 
Construction plans are sufficiently detailed to eliminate any questions of design or location.
(4) 
Construction Official and/or Zoning Officer is sufficiently familiar with the property in question that a survey will not provide additional information to aid in the decision making process of the reviewing official.
(5) 
A detailed drawing must be submitted by the applicant establishing the location of the lot boundaries and dimensions.
(6) 
The drawing must detail the location of all existing constructed improvements including a well and septic.
(7) 
The drawing must show the proposed location of the requested construction and indicate the set- back distances from the property lines, and any other construction on site.
(8) 
The applicant must execute a certification that the drawing and the accompanying information submitted is true and accurate. The applicant must also release, indemnify and hold harmless the Township of Plumsted and its agents, officers and employees from any liability resulting from any action based upon the submission of the drawings and information provided in lieu of a survey. The applicant must further acknowledge that he assumes all responsibility for the settlement of disputes and corrective measures as a result of this application.
[Ord. #96-02, § 2; Ord. #2013-08 § 4]
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), by imprisonment for a term not to exceed ninety (90) days or by community service of not more than ninety (90) days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
C. 
In accordance with N.J.AC.5:23-2.31(e) 2 the minimum penalty assess for work done without obtaining the proper permit(s) and inspections shall be one hundred fifty dollars ($150)
[Ord. #2009-13, § 3]
COVERED PROJECT
A construction, renovation, or demolition project for which a building permit or a demolition permit is required, and for which a dumpster or roll off-container shall be placed on premises for the purpose of placement of solid waste materials.
[Ord. #2009-13, § 4]
A debris recovery plan shall be filed with the municipal recycling coordinator prior to the commencement of any activity for which municipal approval as further identified above. The debris recovery plan shall identify the types and estimated quantities of construction and demolition debris to be generated from the project, how each material will be managed, and the name of each facility or service provider that the entity will use to manage each material. The plan shall further detail how the applicant shall ensure that a minimum of fifty percent (50%) of the materials to be generated will be separated and recycled.
[Ord. #2009-13, § 5]
A. 
Approval. A debris recovery plan shall be reviewed by the Municipal Recycling Coordinator, and approved if it provides for all of the information required by this Article. An approved debris recovery plan shall be marked "Approved" and returned to the owner of the entity which submitted the plan.
B. 
Denial. A debris recovery plan shall not be approved if it does not provide all of the information required by this Article. If a debris recovery plan is not approved, the owner of the entity, which submitted the plan, shall be notified in writing that the plan has been rejected, including the reasons for the rejection. In order to obtain the building or demolition permit sought, the owner of the entity, which will carry out the construction, renovation, or demolition project, shall make the required changes and resubmit the debris recovery plan to the Municipal Recycling Coordinator.
[Ord. #2009-13, § 6]
A. 
Application. If the owner of an entity carrying out a covered project experiences circumstances that make it unfeasible to comply with the diversion requirement cited in this Article, the owner of the entity may apply for an adjustment. The owner shall indicate in writing why it is unfeasible to divert fifty percent (50%) of the materials being generated from the covered project and specify what percentage of diversion could be achieved. Increased costs to the owner of the entity carrying out the covered project will not be an acceptable justification for an adjustment.
B. 
Review. The Municipal Recycling Coordinator shall review the information supplied by the owner. If warranted the Municipal Recycling Coordinator shall attempt to contact the owner to discuss possible ways of meeting the diversion requirement.
C. 
Granting of an adjustment. If the Municipal Recycling Coordinator determines that it is infeasible for the entity carrying out a covered project to divert fifty percent (50%) of the generated C&D debris from the covered project, the percent of diversion required shall be adjusted. The owner shall be notified in writing of the adjusted diversion requirement. The owner of the entity carrying out the covered project shall be required to divert the percent of C&D debris required by the adjustment.
D. 
Denial of adjustment. If the Municipal Recycling Coordinator determines that it is feasible for the owner of an entity carrying out a covered project to meet the diversion requirement cited in this Article, the owner shall be notified in writing of the denial of the diversion requirement adjustment.
[Ord. #2009-13, § 7]
A. 
Documentation. Upon completion of the covered project, but before the final inspection the owner of the entity carrying out a covered project shall submit in person or by certified mail to the Municipal Recycling Coordinator, the documentation required to demonstrate that the applicant has met the diversion requirement. The required documentation shall include the following:
(1) 
A completed debris recovery report, signed by the owner of the entity carrying out a covered project, indicating the quantity of each material generated during the covered project diverted or disposed,
(2) 
Receipts from all facilities or service providers utilized to divert and dispose materials generated during the covered project, and
(3) 
Any additional information that the owner of the entity carrying out the covered project believes is relevant to determining compliance with the diversion requirement.
[Ord. #2009-13, § 8]
The Municipal Recycling Coordinator shall review the information submitted pursuant to this Article and determine whether the owner of the entity carrying out the covered project has compiled, or failed to comply with the diversion requirement. The determination regarding compliance will be provided to the owner of the entity carrying out the covered project in writing.
[Ord. #2009-13, § 9]
An owner of the entity carrying out the covered project may appeal a determination of failure to comply under this Article to the municipality within thirty (30) days of the decision or determination. The appeal shall be in writing and shall state the facts and basis for the appeal. A decision by the Business Administrator shall be final.
[Ord. #2009-13, § 10]
The Code Enforcement Official, the Police Department, the Department of Health, the Recycling Coordinator, the Property Maintenance Official, and the Housing Officer are hereby individually and severally empowered to enforce the provisions of this Article. The respective enforcing official may, in his or her discretion, post warning stickers for a first offense. An inspection may consist of dumping and opening of solid waste bags of containers to detect, by sound or sight, the presence of any recyclable material.
[Ord. #2009-13, § 11]
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this Article or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1000).