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, mechanical, electrical or fire protection
work, is $100 for residential property and $140 for commercial property.
[Amended 6-1-2023 by Ord. No. 2023-05]
(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: $90.
[Amended 6-1-2023 by Ord. No. 2023-05]
(d)
The minimum fee for an inspection is $100 for residential property
and $140 for commercial property.
[Amended 6-1-2023 by Ord. No. 2023-05]
(e)
Lawn sprinkler flat fee: $90. (Residential non-testable backflows
and appurtenances).
[Amended 6-1-2023 by Ord. No. 2023-05]
(f)
The fee shall be $90 for single boiler hydronic piping for a single-family
residence. For all other structures, the fee shall be $35 per floor
of each structure.
[Amended 6-1-2023 by Ord. No. 2023-05]
(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 $85 for each sewer/septic and water utility connection.
[Amended 6-1-2023 by Ord. No. 2023-05]
(l)
Mechanical fees shall be as follows: The fee shall be $90 for each
fuel oil, steam boiler, hot water boiler, and hot air furnace. The
fee shall be $45 for each gas piping.
[Amended 6-1-2023 by Ord. No. 2023-05]
(n)
Annual backflow test (commercial): $70.
[Added 6-1-2023 by Ord.
No. 2023-05]
(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
|
(e)
Light standards exceeding 8 feet in height (each): $75.00
(g)
The minimum fee for an inspection is $100 for residential property
and $140 for commercial property.
[Amended 6-1-2023 by Ord. No. 2023-05]
(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 aboveground or underground fuel tank for R-5 use
only: $85.
[Amended 6-1-2023 by Ord. No. 2023-05]
(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 $90.
[Amended 6-1-2023 by Ord. No. 2023-05]
(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 backflow preventers that are subject
to testing, requiring reinspection every 12 months, the fee shall
be $70 for each device when they are tested.
[Amended 6-1-2023 by Ord. No. 2023-05]
(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."
L.
State of
New Jersey training fee. The State of New Jersey training fee shall
be calculated in accordance with N.J.A.C. 5:23-4.19, as amended and
supplemented from time to time.
[Added 6-1-2023 by Ord. No. 2023-05]
[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]
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).
