[Ord. No. 267 § 1]
a.
There is hereby established in Maurice River Township, a State Uniform
Construction Code enforcing agency to be known as Maurice River Township
Construction Bureau, consisting of a Construction Official, Building
Subcode Official, Plumbing Subcode Official, Electrical Subcode Official,
Fire Protection Subcode Official, and such other officials for such
additional subcodes as the Commissioner of the Department of Community
Affairs, State of New Jersey, shall hereafter adopt as part of the
State Uniform Construction Code. The Construction Official shall be
the chief administrator of the enforcing agency.
b.
Each official position created in paragraph a hereof shall be filled
by a person qualified for such position pursuant to P.L. 1975, c.
217, as amended and N.J.A.C. 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 (1) 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.
Office Location. 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. No. 267 § 2]
a.
Established. There is hereby established a Construction Board of
Appeals to hear appeals from decisions by the enforcing agency. The
Board shall consist of five (5) members. At least one (1) Board member
shall be a registered architect or licensed professional engineer
of building construction experience, and at least one (1) Board member
shall be qualified as a Plumbing Subcode Official, and one (1) qualified
as an Electrical Subcode Official. No more than two (2) Board members
shall be selected from the same business or profession. Each Board
member shall have had at least three (3) years experience in construction,
design or supervision as a licensed engineer or registered architect;
or, in the alternative, five (5) years experience in construction,
design or supervision as an architect or engineer with a bachelor's
degree in architecture or engineering, respectively, from an accredited
institution of higher education; or, as a further alternative, ten
(10) years experience in construction, design or supervision as a
journeyman in a construction trade or as a construction contractor,
subcontractor or inspector.
b.
Appointment of Members. The Township Committee shall appoint the
Board members and any alternative members. Appointments shall be made
for terms of four (4) years. Vacancies shall be filled for the unexpired
terms.
The Township Committee shall appoint such number of alternates,
as may be appropriate, for terms not to exceed four (4) years; or
may in the alternative, appoint alternates on a case by case basis.
No regular or alternate Board member may be a member of the
enforcing agency, the decisions of which are subject to the review
of the Board.
c.
Reimbursement of Expenses. All regular or alternate members of the
Construction Board of Appeals will not be compensated for services
rendered as members of the Board. However, all regular or alternate
members of the Board shall be reimbursed for all necessary expenses
incurred by them in the performance of their duties.
[Ord. No. 420 § 3G; Ord. No. 477; Ord. No.
479; Ord. No. 541; Ord. No. 580; Ord. No. 649-2016; Ord. No. 660-2017]
The fee for a construction permit shall be the sum of the basic
construction fee plus all applicable special fees, and shall be paid
before the permit is issued. Each fee shall be rounded up to the nearest
dollar.
a.
Plan Review Fee. The fee for plan review shall be 20% of the construction
permit fee.
b.
Building Subcode Fees. The building subcode fee shall be:
[Amended 11-17-2022 by Ord. No. 715]
1.
New construction, including additions, with finished interior, the
fee shall be $0.30 per cubic foot of volume; provided the minimum
fee shall be $100.00.
2.
(Reserved)
3.
Premanufactured, modular and prebuilt dwellings, the fee shall be
$60.00 per $1,000.00 estimated cost of site construction associated
with the installation of the home (i.e., foundations, steps, decks,
porches, heating systems, plumbing, gas and electrical hookups), provided
that the minimum fee shall be $500.00. As per UCC 5:23-4.18C, there
shall be no fees for the factory-built portion of the home. Premanufactured
accessory structures over 300 square feet require a zoning permit
($20.00) with drawings to determine setback requirements, a building
permit with a flat fee of $100.00 and as per current ordinance, residential
storage buildings over 300 square feet require a $30.00 certificate
of occupancy fee.
4.
Farm structures: The fee for qualified farm structures shall be $0.015
per cubic foot of volume with a maximum fee of $1,000.00 per structure.
The structure must be used exclusively for farm use and located on
a qualified farm pursuant to the Farmland Assessment Act of 1964.
5.
For renovations, alterations and repairs, the fee shall be $45.00
per $1,000.00 in estimated costs for all residential use groups, and
including Use Group U, provided the minimum fee shall be $75.00.
For all other use groups, the fee shall be $60.00 per $1,000.00
in estimated costs, provided the minimum fee shall be $100.00.
6.
For replacement of roofing and/or siding, there shall be a flat fee
of $100.00 for projects up to $5,000.00. Projects over $5,000.00 shall
be a flat fee of $150.00.
7.
Fees for the combination renovations and additions shall be the sum
of the two fees computed separately in accordance with items 1 and
5 above.
8.
For installation of swimming pools, the fee shall be $75.00 for an
aboveground pool and $125.00 for an in-ground pool. (Also see electrical
fees.)
9.
Replacement of warm air furnace (no fuel or gas piping): $75.00
c.
Fees for Certificates and Other Permits. The fees for certificates
and for special permits shall be:
[Amended 11-17-2022 by Ord. No. 715]
1.
Demolition/removal: Residential and farm structures less than 5,000
square feet and less than 30 feet high - $100.00. All others - $150.00.
Removal of underground storage tanks: $75.00 for first tank
and $25.00 for each additional tank.
2.
Sign permits: The fee shall be $1.00 per square foot, provided the
minimum fee shall be $60.00.
3.
Certificate of Occupancy: Residential: New homes - $100.00, Residential
additions - $75.00, Residential storage buildings over 300 square
feet - $60.00. All other use groups - $100.00.
4.
Temporary Certificate of Occupancy: No charge for the first temporary
certificate of occupancy if the certificate if occupancy fee was paid
when the permit was taken out. Renewals for temporary certificates
of occupancy that have expired - the cost will be $30.00.
5.
Continued Certificate of Occupancy: Residential - $100.00, all other
use groups - $125.00.
6.
Reinstatement of permit: $50.00 applicable after one year of issuance
date, plus volume increase if applicable at time of reinstatement.
7.
Lead abatement: $100.00 for permit and $50.00 for clearance certificate.
8.
Asbestos abatement: $100.00 for permit and $75.00 for clearance certificate.
9.
Application for variation for all use groups - $100.00.
d.
New Jersey State permit surcharge fee. The fee shall be $0.00371
per cubic foot of volume of new buildings and additions. Volume shall
be computed in accordance with N.J.A.C. 5:23-2.28. The fee for all
other construction shall be $1.90 per $1,000 ($0.00190 per dollar)
of the value of construction.
[Amended 5-16-2019 by Ord. No. 683]
1.
No fee shall be collected for preengineered systems of commercial
farm buildings.
2.
No fee shall be collected for permits to perform asbestos abatement
or lead abatement.
3.
No fee shall be collected for permits for the construction or rehabilitation
of residential units that are to be legally restricted to occupancy
by households of low or moderate income, as defined in N.J.A.C. 5:43-1.5.
4.
No fee shall be collected for demolition of buildings or structures.
5.
No fee shall be collected for work consequential to a natural disaster
when the local code enforcement agency is waiving its fee.
6.
The minimum permit surcharge fee shall be $1.00.
e.
Plumbing Subcode Fees: The plumbing subcode fees shall be computed
as follows:
[Amended 11-17-2022 by Ord. No. 715]
1.
Appliances and fixtures connected to the plumbing system. The fee
shall be $25.00 each for the following:
2.
Special devices: The fee shall be $75.00 each for the following:
(a)
Fuel oil piping.
(b)
New gas piping system.
(c)
Steam boiler.
(d)
Interceptor or separator.
(f)
Grease trap.
(g)
Water-cooled air conditioner.
(h)
Central air or refrigeration unit.
(i)
Active solar system.
(j)
Hot water boiler.
(k)
Warm air furnace (new installation or involving new piping).
(l)
Utility service connections.
(m)
Sewer pumps.
(n)
Condensate drain.
There shall be no fee for gas service entrances.
The minimum plumbing permit fee shall be $100.00.
f.
Electrical Subcode Fees: Electrical subcode fees shall be as follows:
[Amended 11-17-2022 by Ord. No. 715]
|
1.
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Fixtures, receptacles, switches (1-50)
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$50.00
| |
|
Each additional 25
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$25.00
| ||
|
2.
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Service panels/service entrance/subpanels:
| ||
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0-200 Amps
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$50.00
| ||
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201-1,000 Amps
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$100.00
| ||
|
Over 1,000 Amps
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$450.00
| ||
|
3.
|
Electrical devices/generators/transformers:
| ||
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Over 1 kW - 10 kW
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$25.00
| ||
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Over 10 kW - 45 kW
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$50.00
| ||
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Over 45 kW - 112.5 kW
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$100.00
| ||
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Over 112.5 kW
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$450.00
| ||
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4.
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Motors:
| ||
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Over 1 hp - 10 hp
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$25.00
| ||
|
Over 10 hp - 50 hp
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$50.00
| ||
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Over 50 hp - 100 hp
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$100.00
| ||
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Over 100 hp
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$450.00
| ||
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5.
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Other devices:
| ||
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(a)
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In-ground swimming pool
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$100.00
| |
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(b)
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Storable pool, spa or hot tub
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$50.00
| |
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(c)
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Range, oven or surface unit 1-10 kW
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$15.00
| |
|
(d)
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Water heater
|
$25.00
| |
|
(e)
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Dryer
|
$25.00
| |
|
(f)
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Dishwasher
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$25.00
| |
|
(g)
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Garbage disposal (include in fixture total)
| ||
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(h)
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Central air conditioning (by kW above)
| ||
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(i)
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Smoke detectors (include in fixture total)
| ||
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(j)
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Space handler/air handler (central heat by kW above)
| ||
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(k)
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Baseboard heat (by kW above)
| ||
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(l)
|
Thermostats (include in fixture total)
| ||
|
(m)
|
Heat pump (by hp size above)
| ||
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(n)
|
Pumps (by hp size above)
| ||
|
(o)
|
Signs
|
$25.00
| |
|
(p)
|
Light standards
|
$25.00
| |
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(q)
|
Motors - fractional hp (include with fixtures)
| ||
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(r)
|
Motors - All others (by hp size above)
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(s)
|
Solar energy systems
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$100.00
| |
|
The minimum electrical permit shall be
|
$75.00
| ||
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6.
|
Solar Energy Systems
| ||
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1-50 KW
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$100.00
| ||
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51-100 KW
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$200.00
| ||
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Over 100 KW
|
$600.00
| ||
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Disconnect/Each
|
$60.00
| ||
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Inverters/Each
|
$100.00
| ||
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MicroInverters/Each
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Put under Switches
| ||
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Revenue Meters
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No Charge
| ||
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Solar Guards
| |||
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Service/Subpanels
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As per Ordinance No. 580
| ||
g.
Fire Subcode Fees:
[Amended 11-17-2022 by Ord. No. 715]
|
1.
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Detectors (1-12)
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$36.00
| |
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Each additional 25
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$12.00
| ||
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2.
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Sprinkler systems
| ||
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(a)
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First 20 heads
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$60.00
| |
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(b)
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21-100
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$140.00
| |
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(c)
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101-200
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$280.00
| |
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(d)
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201-400
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$600.00
| |
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(e)
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401-1,000
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$1,000.00
| |
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3.
|
Standpipe system
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$100.00
| |
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4.
|
Fire pump
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$100.00
| |
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5.
|
Special suppression systems:
| ||
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(a)
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Range hoods, commercial
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(First one)
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$50.00
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Each additional
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$30.00
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(b)
|
Large systems (carbon dioxide, halon, etc.)
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$230.00
| |
|
6.
|
Fire alarms: First 10 devices
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$60.00
| |
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Each additional 10 devices
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$50.00
| ||
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7.
|
Exit signs and emergency lighting (per floor)
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$40.00
| |
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8.
|
Installation of underground or aboveground storage tanks:
|
$250.00 over 660 gallons
| |
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9.
|
Heat-producing devices
| ||
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Fireplace, wood stove, furnace
|
$75.00
| ||
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Chimney Liner
|
$60.00
| ||
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Fire Logs
|
$50.00
| ||
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The minimum fire permit shall be
|
$75.00
| ||
h.
Waiver of Fees. As per N.J.S.A. 52:27D-126c and Maurice River Township
Resolution No. 120-2000, there will be no fees collected in connection
with the construction of residential handicap ramps.
j.
The Refund of Fees. Effective the date of payment for a construction
permit as set forth herein and issuance of said construction permit,
and in the event that no construction takes place, the applicant for
the construction permit may request a refund of the permit fee minus
any and all mandatory State of New Jersey fees and plan review fees
per Maurice River Township Ordinance 580. No construction permit fees
shall be refunded after the expiration of 365 days from the date the
construction permit was paid and issued.
[Ord. No. 660-2017]
|
Editor's Note: The State Uniform Construction Code fee
for construction permits was adopted by Ord. No. 267 and amended by
Ord. Nos. 283, 291, 327 and 417.
|
[Ord. No. 376 § 1; Ord. No. 393]
A certain document, three (3) of which are on file in the office
of the Township Clerk at the Municipal Hall, Main Street, Leesburg,
New Jersey, being known as the International Property Maintenance
Code/2000, as published by the International Code Council, Inc., plus
all future amendments thereto, is hereby adopted as the Housing and
Property Maintenance Code of the Township of Maurice River for the
control of housing and property as herein provided; and each and all
of the regulations, provisions, penalties, conditions and terms of
the International Property Maintenance Code/2000 and future revisions
thereto are hereby adopted by reference as if fully set forth herein.
[Ord. No. 376 § 2]
The Housing Officer of Maurice River Township is hereby designated,
authorized and empowered to enforce the provisions of the Housing
and Property Maintenance Code of Maurice River Township and to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this Code.
[Ord. No. 382-1992 Preamble;
amended 2-16-2023 by Ord. No. 721]
a.
The Township
Committee has determined that numerous rental dwellings exist in the
Township and that some of these units are in dilapidated and/or dangerous
condition. It is felt by the Township Committee that it would be in
the best interest of all Township residents, especially those renting
properties in the Township, that a yearly registration and inspection
of rental dwellings be completed.
b.
Lead-Based Paint Inspections. Maurice River Township is a municipality
in the State of New Jersey where less than three percent (3%) of the
children six (6) years of age or younger have a blood lead level of
equal to or greater than or equal to five (5) ug/dL according to the
central lead screening database maintained by the New Jersey Department
of Health and shall conduct lead-based paint inspections through visual
and dust swipe assessment.
[Ord. No. 382-1992]
The Township Housing Officer is hereby designated as the officer
to exercise the powers prescribed by the within section.
[Ord. No. 382-1992; Ord. No. 485]
No person, firm or corporation shall rent, lease, suffer or
allow any person, firm or corporation (other than a member of the
immediate family of a person, owner of a firm or principal stockholder
of a corporation) to occupy as a tenant any house, apartment or other
structure, including a mobile home and a modular unit, in the Township
unless that person, firm or corporation shall first register the rental
structure on or before March 1 of each year and obtain from the Township
a Continued Occupancy Permit on or before June 30 of each year in
accordance with this section.
[Ord. No. 382-1992; Ord. No. 397-92 § 1; New; amended 2-16-2023 by Ord. No. 721]
a.
Pursuant to Section 11-3, the standard to be used as a guide in determining whether dwellings in the Township are safe, sanitary and fit for human habitation and rental shall be the BOCA Basic Housing-Property Maintenance Code/1996, as published by the Building Officials and Code Administrators International, Inc.
b.
Lead-Based Paint Inspection. Inspections for lead-based paint in
rental dwelling units shall be governed by the standards set forth
in N.J.S.A. 52:27D-437.1 et seq. and N.J.S.A. 55:13A-1 et seq. A dwelling
unit in a single-family, two-family, or multiple rental dwelling shall
not be subject to inspection and evaluation for the presence of lead-based
paint hazards if the unit:
1.
Has been certified to be free of lead-based paint;
2.
Was constructed during or after 1978;
3.
Is in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least ten (10)
years, either under the current or a previous owner, and has no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the Hotel and Multiple Dwelling Law,
P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.);
4.
Is a single-family or two-family seasonal rental dwelling which is
rented for less than six (6) months' duration each year by tenants
that do not have consecutive lease renewals; or
5.
Has a valid lead-safe certification.
[Ord. No. 382-1992]
The annual registration of rental structures shall be made to
the Township Clerk's office on or before March 1 of each year. Continued
Occupancy Permits shall be valid for one (1) year. No Continued Occupancy
Permit shall be required during the initial occupancy of any house,
apartment or other structure when a Certificate of Occupancy has been
issued for the construction thereof in accordance with the State Uniform
Construction Code Act. However, if the rental structure is damaged
by fire or other cause, then reinspection shall be required.
[Ord. No. 382-1992; amended 6-16-2022 by Ord. No. 712; 2-16-2023 by Ord. No. 721]
a.
General
Rental Permit. The fee for the initial inspection and the issuance
of a continued occupancy permit shall be $50, if applied for on or
before March 1, and $80, if applied for after March 1. The fee for
any required reinspection shall be an additional $30. No fee shall
be required when the premises are owned by the Township or other governmental
agency
b.
Lead-Based Paint Inspection. In addition to the general rental permit inspection fees due pursuant to this section, an additional fee in the amount of five hundred dollars ($500) shall be paid for each lead-based paint inspection. Said fee shall be dedicated to meeting the costs of implementing and enforcing this subsection and shall not be used for any other purpose. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead-based paint inspection services by the Department of Community Affairs to satisfy the requirements of subsection 11-4.7, Inspections.
c.
Reinspection. Reinspection fees will be assessed for each reinspection
after the initial inspection at a rate of one hundred seventy-five
dollars ($175) per revisit plus thirty dollars ($30) for each dust
swipe.
d.
Lead Hazard Control Assistance Fund. A fee of twenty dollars ($20)
will be assessed for each lead-based paint inspection to be deposited
into the Lead Hazard Control Assistance Fund. This additional fee
does not apply to any dwelling unit where the Department of Community
Affairs has already assessed said fee. (Pursuant to N.J.S.A. 52:27D-437.16h).
[Ord. No. 382-1992; amended 2-16-2023 by Ord. No. 721]
a.
General
Inspections: The Housing Officer is hereby authorized and directed
to make inspections to determine the conditions of dwellings, dwelling
units, rooming units, and premises located within the Township in
order that he may perform his duty of safeguarding the health and
safety of the occupants of the dwellings and of the general public.
For the purpose of making such inspections, the Housing Officer is
hereby authorized to enter, examine and survey at all reasonable times
all dwellings, dwelling units, rooming units, and premises. The owner
or occupant of every dwelling unit, and rooming unit, or the person
in charge thereof shall give the Housing Officer free access to such
dwelling, dwelling units, or rooming units and its premises at all
reasonable times for the purpose of such inspection, examination and
survey. Every occupant of a dwelling or dwelling unit shall give the
owner thereof, or his agent or employee, access to any part of such
dwelling or dwelling unit, or its premises, at all reasonable times
for the purpose of making such repairs or alterations as are necessary
to effect compliance with the provisions of this section or with any
lawful rule or regulation adopted or any lawful order issued pursuant
to the provisions of this section.
b.
Lead-Based Paint Inspection. The owner, landlord and/or agent of
every single-family, two-family, and/or multiple dwelling unit offered
for rental shall be required to obtain an inspection of the unit for
lead-based paint hazards every three (3) years, or at tenant turnover,
whichever is earlier.
[Ord. No. 382-1992]
The Township Housing Officer shall have additional powers and
duties as may be necessary to carry out the intent and purposes of
this section, including, but not limited to, the following enumerated
powers:
a.
To investigate the dwelling conditions of the Township in order to
determine which houses, apartments or other structures, including
a mobile home and a modular unit, are unfit for human habitation.
b.
To enter upon the premises for the purposes of making housing examinations
incidental to his duties;
c.
To delegate any of the functions and powers to employees of the Township
as the Housing Officer may designate or who may be so designated by
the Township Committee of Maurice River Township.
[Ord. No. 382-1992]
The Housing Officer is the agent designated to issue the Continued Occupancy Permit upon written application therefor and payment of the fee as required by subsection 11-4.6. The application shall state the name and address of the owner, the name and address of the renting agent, if any, and the name of the proposed tenant and a description of the premises to be occupied, including the street address and apartment number.
[Ord. No. 382-1992; amended 2-16-2023 by Ord. No. 721]
a.
General
Inspection: The Housing Officer shall make an inspection of each house,
apartment, or other structure for which there has been registration
and an application for a Continued Occupancy Permit. The Housing Officer
shall make a report promptly after each inspection and advise the
applicant of any violations of the Property Maintenance Code of the
Township and other applicable Township ordinances. Violations of the
foregoing Code or Township ordinances shall be grounds for denial
of the Occupancy Permit.
b.
Lead-Based Paint Inspection. Failure to comply with NJ Lead Safe
Certification requirements can incur fines of up to one thousand dollars
($1,000) per unit per week.
[Ord. No. 382-1992]
Whenever the Housing Officer determines that there are reasonable
grounds to believe that there has been a violation of any provisions
of this section, or of any rule or regulation adopted pursuant thereto,
he shall give notice of such alleged violation to the person responsible
therefor as hereinafter provided. Such notice shall:
a.
Be in writing;
b.
Allow thirty (30) days for the performance of any act it requires;
and
c.
Be served upon the owner or his agent, or the occupant, as the case
may require; provided that such notice shall be deemed to be properly
served upon such owner or agent, or upon such occupant, or a copy
thereof is served upon him personally or an adult member of his household;
or if a copy thereof is sent by registered or certified mail to his
last known address; or if a copy thereof is posted in a conspicuous
place in or about the dwelling affected by the notice, or if he is
served with such notice by any other method authorized or required
under the laws of this State.
[Ord. No. 382-1992]
The notice of violation shall contain an outline of remedial
action which, if taken, will effect compliance with the provisions
of this section and with the rules and regulations adopted pursuant
thereto. Any person affected by any notice which has been issued in
connection with the enforcement of any provision of this section,
or of any rule or regulation adopted pursuant thereto, may request
and shall be granted a hearing on the matter before the Housing Officer
provided such person shall file in the office of the Township Clerk
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within ten (10) days after the date
the notice was served. Upon receipt of such petition the Housing Officer
shall set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing the petition shall be given
an opportunity to be heard and to show why such notice should be modified
or withdrawn. The hearing shall be commenced with not later than ten
(10) days after the day upon which the petition was filed; provided
that upon application of the petitioner the Housing Officer may postpone
the date of the hearing for a reasonable time beyond such ten (10)
day period if, in his judgment, the petitioner has submitted a good
and sufficient reason for such postponement. After such a hearing,
the Housing Officer shall sustain, modify, or withdraw the notice,
depending upon his findings as to whether the provisions of this section
and of the rules and regulations thereof have been complied with.
If the Housing Officer sustains or modifies such notice, it shall
be deemed an order. Any notice served pursuant to this section shall
automatically become an order if a written petition for a hearing
is not filed in the Office of the Housing Officer within ten (10)
days after such notice is served. The proceedings at such a hearing,
including the findings and decisions of the Housing Officer, shall
be summarized, reduced to writing, and entered as a matter of public
record in the Office of the Township Clerk. Such records shall also
include a copy of every notice or order issued in connection with
the matter.
[Ord. No. 382-1992]
Whenever the Housing Officer finds that an emergency exists
which requires immediate action to protect the public health or safety,
he may, without notice for hearing, issue an order reciting the existence
of such an emergency and requiring that such action be taken as he
deems necessary to meet the emergency. Notwithstanding the other provisions
of this section, such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately,
but upon petition to the Township Clerk shall be afforded a hearing
as soon as possible. After such hearing, depending upon his findings
as to whether the provisions of this section and of the rules and
regulations adopted pursuant thereto have been complied with, the
Housing Officer shall continue such order in effect, or modify it,
or revoke it.
[Ord. No. 382-1992]
The Housing Officer is hereby authorized and empowered to make
and adopt such written rules and regulations as he may deem necessary
for the proper enforcement of the provisions of this section; provided
however, that such rules and regulations shall not be in conflict
with the provisions of this section, nor in any way alter, amend or
supersede any of the provisions thereof. The Housing Officer shall
file a certified copy of all rules and regulations which he may adopt
in his office and in the Office of the Township Clerk.
[Ord. No. 382-1992]
No person shall rent to another, suffer the occupancy of, occupy,
maintain, own or have any interest in any building or part thereof
which does not conform to the provisions of the New Jersey State Housing
Code or which is unfit for human habitation or occupancy, or use,
due to dilapidation, defects increasing the hazard of fire, accidents
or other calamities, lack of ventilation, light or sanitation facilities,
or due to other conditions rendering such building or buildings, or
any part thereof, unsafe or unsanitary, or dangerous or detrimental
to the health or safety or otherwise inimical to the health and welfare
of the residents of the Township.
[Ord. No. 382-1992]
[Ord. No. 382-1992]
Nothing in this section or in the Code adopted hereby shall
be construed to amend, supersede, abrogate or impair any ordinance
or parts of ordinance adopted by the Township having standards more
stringent than those adopted herein. The provisions of any and all
such ordinances shall supersede the standards set forth herein.
[Ord. No. 382-1992]
b.
Separate Violations. Except as otherwise provided, each and every
day in which a violation of any provision of this Code or any other
ordinance of the Township exists shall constitute a separate violation.
c.
Application. The maximum penalty stated in paragraph a is not intended
to state an appropriate penalty for each and every violation. Any
lesser penalty, including a nominal penalty or no penalty at all,
may be appropriate for a particular case or a particular violation.
[Ord. No. 382-1992]
The provisions of subsection 11-4.4 of this section shall apply as of January 1, 1992.
[Ord. No. 391-1992 §§ 1—3; Ord. No. 578]
a.
As required by N.J.S.A. 52:27D-198.1 et seq., a structure used or
intended for use for residential purposes in the Township by not more
than two (2) households shall henceforth have a smoke-sensitive alarm
device on each level of the structure and outside each separate sleeping
area in the immediate vicinity of the bedrooms and located on or near
the ceiling in accordance with National Fire Protection Association
Standard No. 74-1984 (or any amendment current or henceforth thereto)
for the installation, maintenance and use of household fire warning
equipment. The installation of battery operated smoke-sensitive alarm
devices shall be accepted as meeting the requirements of this section.
The smoke-sensitive device shall be tested and listed by a product
certification agency recognized by the Bureau of Fire Safety. Each
structure, other than a seasonal rental unit, shall also be equipped
with at least one (1) portable fire extinguisher in conformance with
rules and regulations promulgated by the Commissioner of Community
Affairs pursuant to the "Administrative Procedure Act," P.L. 1968,
c. 410 (C. 52:148-1 et seq.). For the purposes of this section, "portable
fire extinguisher" means an operable portable device, carried and
operated by hand, containing an extinguishing agent that can be expelled
under pressure for the purpose of suppressing of extinguishing fire,
and which is (1) rated for residential use consisting of an ABC type;
(2) no larger than a ten (10) pound rated extinguisher; and (3) mounted
within ten (10) feet of the kitchen area, unless otherwise permitted
by the enforcing agency. "Seasonal rental unit" means a dwelling unit
rented for a term of not more than one hundred twenty-five (125) consecutive
days for residential purposes by a person having a permanent residence
elsewhere, but shall not include use or rental of living quarters
by migrant, temporary or seasonal workers in connection with any work
or place where work is being performed.
1.
One- and two-family dwellings; carbon monoxide detectors.
(b)
The smoke detectors required in paragraph (a) above shall be
located in accordance with NFPA 74-1984, incorporated herein by reference,
and maintained in working order.
(1)
The detectors shall not be required to be interconnected.
(c)
Smoke detectors may be battery powered and shall be listed in
accordance with ANSI/UL 217, incorporated herein by reference.
(1)
A/C-powered smoke detectors shall be accepted as meeting the
requirements of this section.
(d)
Carbon monoxide alarms shall be installed in all dwelling units
in buildings in Use Groups 1-1, R-1, R-2, R-3 and R-4, except for
units in buildings that do not contain a fuel-burning device or have
an attached garage, as follows:
(1)
Single-station carbon monoxide alarms shall be installed and
maintained in the immediate vicinity of the sleeping area(s).
(2)
Carbon monoxide alarms may be battery-operated, hard-wired or
of the plug-in type and shall be listed and labeled in accordance
with UL-2034 and shall be installed in accordance with the requirements
of this section and NFPA-720.
(3)
As an alternative to the requirements of paragraph (d)(1) above,
and with the approval of the Bureau of Housing Inspection, carbon
monoxide detectors may be installed in any building required to be
registered as a hotel or multiple dwelling in the locations specified
in the Uniform Construction Code (N.J.A.C. 5:23-3.20).
(4)
As an alternative to the requirements of paragraph (d)(1) above,
and with the approval of the Bureau of Rooming and Boarding House
Standards, carbon monoxide alarms may be installed in any rooming
or boarding house in the locations specified in the Uniform Construction
Code.
b.
In any case where a change of occupancy of any building subject to
the requirements of this section is subject to a municipal ordinance
requiring the issuance of a Certificate of Occupancy, Certificate
of Inspection or other documentary certification of compliance with
the laws and regulations relating to safety, healthfulness and upkeep
of the premises, no certificate shall be issued until the Housing
Officer or Fire Safety Code Official as appointed in the Township
has determined that the building is equipped with an alarm device
or devices as required by this section.
c.
In the case of a change of occupancy of any building subject to the
requirements of this section, no owner shall sell, lease or otherwise
permit occupancy for residential purposes of any building without
first obtaining from the Township Zoning Officer or Fire Safety Code
Official as required under the "Uniform Fire Safety Act," (N.J.S.A.
52:27D-192 et seq.) a certificate evidencing compliance with the requirements
of this section.
[Ord. No. 391-1992 § 4; Ord. No. 664-2017; amended 11-15-2018 by Ord. No.
676]
a.
The Township Committee shall hereby have jurisdiction over the Zoning Officer and/or Fire Safety Code Official. The following fees are established with regard to inspections and certificates issued in accordance with Subsection 11-5.1 above.
1.
Requests made 10 or more business days prior to scheduled sale, lease
or change in occupancy shall be charged a fee of $45.
2.
Requests made from four to nine business days prior to scheduled
sale, lease or change in occupancy shall be charged a fee of $90.
3.
Requests made four or fewer business days prior to scheduled sale,
lease or change in occupancy shall be charged a fee of $161.
4.
The
fee for any required reinspection shall be $20.
[Added 6-16-2022 by Ord. No. 713]
b.
The fees as set forth herein shall include the cost of inspection
and issuance of the certificate.
[Ord. No. 391-1992 § 5]
An owner who sells, leases, rents or otherwise permits to be
occupied for residential purposes any premises subject to the provisions
of this supplementary act when the premises do not comply with the
requirements of this section, or without complying with the inspection
and certificate requirements hereof, shall be subject to a fine of
not more than five hundred ($500.00) dollars which may be collected
and enforced by the Township Committee pursuant to subsection g of
N.J.S.A. 52:27D-196 by summary proceedings pursuant to "the penalty
enforcement law" N.J.S.A. 2A:58-1 et seq.
[Ord. No. 391-1992 § 6]
The Township Committee hereby adopts any rules promulgated by
the Commissioner of the Department of Community Affairs in accordance
with the "Administrative Procedure Act" N.J.S.A. 42:14B-1 et seq.
(All such rules and regulations as may be necessary are expedient
for the proper and timely effectuations of the purposes of this Act.)
[Ord. No. 398-92 § 1]
The Enforcing Authority to inspect and determine that all Township
residents met the terms and conditions of this section shall be the
Township Housing Officer or Township Fire Safety Code Official or
such other Township official as appointed by the Township Committee
to do such inspections by resolution.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 124.
[Ord. No. 568]
The Construction Official is hereby designated as the public
officer authorized to exercise the powers prescribed by these regulations
and N.J.S.A. 40:48-2.3 et seq. The Township Solicitor is hereby designated
as the public officer authorized to prepare the complaint, notice
of hearing and other pleadings. The Governing Body of the Township
is hereby designated as the public officer authorized to conduct the
hearings.
[Ord. No. 568]
a.
BUILDING
DAMAGED STRUCTURE
DANGEROUS STRUCTURE
OWNER
PARTIES IN INTEREST
PUBLIC OFFICER
STRUCTURE
UNFIT STRUCTURE
Definitions. As used in this section, the following terms shall have
the following meanings unless the context clearly indicates that a
different meaning is intended:
Shall mean any building or structure, or part thereof, whether
used for human habitation or otherwise, and includes any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
Shall mean any building or structure, or part thereof, which
has been damaged to such an extent that nothing remains but the walls,
or parts of the walls, and other supports, shall, regardless of the
safety and sturdiness of the remaining walls, or arts thereof, be
deemed inimical to the welfare of the Township and shall be repaired
or demolished in accordance with the provisions of this article.
Shall mean any building or structure, or part thereof, which
is dangerous to human life or the public welfare or which constitutes
a fire hazard shall be removed or demolished in accordance with the
provisions of this section.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
Shall mean the officer, officers, board or body who is or
are authorized by these regulations to exercise the powers prescribed
by these regulations and by N.J.S.A. 40:48-2.3 et seq. Notwithstanding
any other provisions of law to the contrary, nothing shall prevent
a municipality from designating more than one (1) public officer for
different purposes as provided by law.
Shall mean any construction artificially built up or composed
of parts joined together in some definite manner. A building or edifice
of any kind.
Shall mean any building or structure, or part thereof, which
is unfit for human habitation, occupancy or use due to the conditions
set forth herein shall be deemed inimical to the welfare of the residents
of the Township and shall be closed, repaired or demolished in accordance
with the provisions of this section.
b.
Standards for Unfit Structures. A public officer may determine that
a building is unfit for human habitation, occupancy or use if he finds
that conditions exist in the building which are dangerous or injurious
to the health or safety of the occupants of the building, the occupants
of neighboring buildings, or other residents of the Township. Such
condition shall include the following without limiting the generality
of the foregoing.
1.
Defects herein increasing the hazards of accident, fire or other
calamities;
2.
Dilapidation;
3.
Disrepair or structural defects;
4.
Lack of adequate light, sanitary facilities or ventilation;
5.
Uncleanliness;
6.
Failure to comply with the Property Maintenance Code; or
7.
Failure to comply with applicable health ordinances, rules and regulations.
[Ord. No. 568]
Whenever the Construction Official or his designee shall determine
that any building is a dangerous, damaged or unfit structure, he shall
file a report with the Township Attorney which identifies the structure
and its condition. Upon receipt of the report, the Township Attorney
shall prepare a complaint setting forth the location and condition
of the building and the remedy sought and a notice of hearing setting
forth the date, time and place of the hearing.
a.
The complaint and notice of hearing shall be served upon the property
owner and all parties in interest. Service shall be made personally
or by regular and certified mail, return receipt requested, by mailing
the complaint and notice of hearing to their last known addresses.
b.
If the whereabouts of the property owner or any party in interest
is unknown and cannot be ascertained in the exercise of reasonable
diligence, then service of the pleadings shall be made on such persons
as follows: 1) by publishing the complaint and notice of hearing once
in the official newspaper of the Township; 2) by posting the complaint
and notice of hearing in a conspicuous place on the building affected
by the complaint; and 3) by recording the complaint and notice of
hearing in the Cumberland County Clerk's Office.
c.
The hearing shall be scheduled before the Township Committee at a
place designated in the notice of hearing and at a time fixed not
less than seven (7) days nor more than thirty (30) days after the
service of the complaint and notice of hearing was made.
[Ord. No. 568]
a.
The Construction Official or his designee shall testify at the hearing
in connection with the complaint that was issued. The property owner
and any party in interest shall have the right to appear at the hearing
and testify, produce witnesses, and be represented by an attorney.
b.
If after the hearing the Governing Body of the Township determines
that the building in question is a dangerous, damaged or unfit structure,
the Governing Body shall adopt a resolution stating its findings and
entering an order as follows:
1.
The Governing Body may require the immediate closing of an unfit
structure; or
2.
The Governing Body may require the repair of the structure within
a reasonable time, which time shall be set forth in the order; or
3.
The Governing Body may require the demolition of the structure if
it is not economically feasible to repair the structure.
c.
A copy of the order shall be served on the property owner and all
parties in interest personally or by regular and certified mail, return
receipt requested by mailing it to their last known address.
d.
If the whereabouts of the property owner or any party in interest
is unknown and cannot be ascertained in the exercise of reasonable
diligence, then service of the order shall be made on such persons
as follows: a) by publishing the order once in the official newspaper
of the Township; b) by posting the order in a conspicuous place on
the building affected by the order; and c) by recording the order
in the Cumberland County Clerk's Office.
[Ord. No. 568]
In the event that the property owner and all parties in interest
fail to comply with the order of the Governing Body of the Township,
the Construction Official may proceed without further notice to enforce
the provisions of the order by such means as is necessary to carry
out the purpose and intent of the resolution, including but not limited
to the closing of the structure, the repair of the structure, or the
demolition of the structure at the expense of the Township.
a.
The cost of closing, repairing or demolishing and removing the structure
shall constitute a municipal lien against the real property.
b.
The cost of legal services, expert witness fees, search fees and
advertising expenses incurred in the course of any proceeding shall
constitute a municipal lien against the real property.
c.
The public officer shall prepare a detailed statement of the costs
incurred, less any credits due, and file it with the Township Clerk.
Thereafter, the Governing Body of the Township shall adopt a resolution
certifying the total amount of the municipal lien. This resolution
shall be filed with the Tax Assessor and the Tax Collector, and a
copy of the resolution shall be mailed forthwith to the property owner
by regular mail and certified mail, return receipt requested. Said
lien shall be subject to inclusion in any future tax sale for municipal
liens.
d.
The owner or any party in interest may, within thirty (30) days of
the filing date of the municipal lien certificate, institute a summary
proceeding in the Superior Court, Law Division, to contest the accuracy
or reasonableness of the costs set forth in the municipal lien certificate.
[Ord. No. 568]
a.
When a complaint and notice of hearing have been served on the property
owner in accordance with the provisions set forth in this section,
the property owner is prohibited from transferring the property until
the final disposition of the legal proceedings and compliance with
any order issued by the Governing Body of the Township.
b.
When a copy of the complaint and notice of hearing or order has been
duly recorded in the Cumberland County Clerk's Office, this filing
shall have the same force and effect as a notice of lis pendens.
[Ord. No. 568]
Nothing in this section shall be interpreted to impair or limit
in any way the power of the Township to define and declare nuisances
and to cause their removal or abatement by summary proceedings or
otherwise, nor is anything in this section intended to limit the authority
of the enforcing agency or Construction Official under the State Uniform
Construction Code Act or any rules or regulations adopted thereunder.
This section is likewise subject to the requirements of the Pinelands
Protection Act (N.J.S.A. 13:18A-1 et seq.) and the implementing regulations
and minimum standard contained in the Pinelands Comprehensive Management
Plan (N.J.A.C. 7:50-1.1 et seq.) (CMP).
[Added 11-17-2022 by Ord. No. 714]
a.
Except
as provided in paragraph b of this subsection, the owner of a business
or the owner of a rental unit or units shall maintain liability insurance
for negligent acts and omissions in an amount of no less than $500,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
b.
The owner
of a multifamily home which is four or fewer units, one of which is
owner-occupied, shall maintain liability insurance for negligent acts
and omissions in an amount of no less than $300,000 for combined property
damage and bodily injury to or death of one or more persons in any
one accident or occurrence.
[Added 11-17-2022 by Ord. No. 714]
a.
The owner of a business, owner of a rental unit or units, and the owner of a multifamily home of four or fewer units, one of which is owner-occupied, shall annually register the certificate of insurance demonstrating compliance with Subsection 11-7.1 with the municipality in which the business, rental units, or multifamily home is located.
b.
No fee
for annual registration will be due if received on or before March
1 of each year.
c.
All registrations
received after March 1 will be assessed a late fee in the amount of
$30.
[Added 11-17-2022 by Ord. No. 714]
a.
Pursuant to N.J.S.A. 40A:10-2b, the governing body of a municipality may, by ordinance, establish a reasonable administrative fee for the certificate of registration required pursuant to Subsection 11-7.1 for properties located in that municipality.
b.
The governing
body of a municipality may collect, through a summary proceeding pursuant
to the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A.
2A:58-10 et seq.), a fine of not less than $500 but no more than $5,000
against an owner who fails to comply with the provisions of this section.
