[1967 Code § 7-2-1; Ord. No. 12-28-76 § 1]
a.
There is hereby established in the Township, a State Uniform Construction
Code enforcing agency to be known as Millburn Construction Code Enforcing
Agency, consisting of a Construction Official, Building Subcode Official,
Electrical Subcode Official, Fire Protection Subcode Official, and
such other subcode officials for such additional subcodes as the Commissioner
of the Department of Community Affairs, State of New Jersey, shall
hereafter adopt as part of the State Uniform Construction Code. The
Construction Official shall be the chief administrator of the enforcing
agency.
b.
Each official position created in Paragraph a hereof shall be filled
by a person qualified for such position pursuant to N.J.S.A. 52:27D-126
as amended and N.J.A.C. 5:23; provided that, in lieu of any particular
subcode official, an on-site inspection agency may be retained by
contract pursuant to N.J.A.C. 5:23. More than one such official position
may be held by the same person; provided that such person is qualified
pursuant to N.J.S.A. 52:27D-126 and N.J.A.C. 5:23 to hold each position.
c.
The public shall have the right to do business with the enforcing
agency at one office location except for emergencies, and unforeseen
or unavoidable circumstances.
d.
All other provisions of N.J.S.A. 52:27D-126 are incorporated herein
by reference to the same effect as if herein set forth at length.
[1967 Code § 7-2-2; Ord. No. 12-28-76 § 1]
The Construction Code Enforcing Agency shall administer the
provisions of the State Uniform Construction Code in accordance with
the provisions of this chapter and the State Uniform Construction
Code Act, N.J.S.A. 52:27D-126.
[1967 Code § 7-2-3; Ord. No. 12-28-76 § 1]
Application for permit shall be in accordance with procedure
as set forth in N.J.S.A. 52:27D-130.
[1967 Code § 7-2-4; Ord. No. 12-28-76 § 1]
Decisions for applications for permit shall follow the procedure
as set forth in N.J.S.A. 52:27D-131.
[1967 Code § 7-2-5; 12-28-76 § 1; Ord. No. 19-79 § 1; Ord. No. 15-90 § 1; Ord.
No. 8-92 § 1; Ord. No.
04-97 § 1; Ord. No. 10-97 § 1; Ord. No. 2202-02 § 1; Ord. No. 2250-05 §§ 1—6]
A construction permit will be valid for one year from the date
of issuance, and the fee shall be the sum of the subcode and surcharge
fees hereafter listed and shall be paid prior to the issuance of a
construction permit.
a.
Option. Fees may be waived for public institutions, churches, and
volunteer fire companies. Fees may also be waived or reduced for community
organizations, charitable institutions receiving tax exempt status
under the Internal Revenue Code, and for buildings being rebuilt immediately
after destruction by fire or acts of nature; provided, however, that
such waiver as set forth herein above for community organizations,
charitable institutions receiving tax exempt status under the Internal
Revenue Code, and for buildings being rebuilt immediately after destruction
by fire or acts of nature shall be so waived or reduced only by Mayor
and Committee of the Township of Millburn.
1.
Building Subcode fee. Building volume or cost: The fees for new construction
or alteration are as follows:
(a)
Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The new construction fee shall be in the amount of $0.03 per cubic foot of volume for buildings and structures of all use groups and types of construction as classified and defined in Articles 3 and 4 of the Building Subcode; except that the fee shall be $0.015 per cubic foot of volume for use groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2, and the fee shall be $0.0007 per cubic foot for structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d) with the maximum fee for such structures on farms not to exceed $1,060.
(b)
Fees for renovations, alterations and repairs or site construction
associated with pre-engineered systems of commercial farm buildings,
premanufactured construction, and the external utility connection
for premanufactured construction shall be the estimated cost of the
work. The fee shall be in the amount of $23 per $1,000. From f$50,001
to and including $100,000, the additional fee shall be in the amount
of $18 per $1,000 of estimated cost above $50,000. Above $100,000,
the additional fee shall be in the amount of $15 per $1,000 of estimated
cost above $100,000. For the purpose of determining estimated cost,
the applicant shall submit to the agency such cost data as may be
available produced by the architect or engineer of record, or by a
recognized estimating firm, or by the contractor. A bonafide contractor's
bid, if available, shall be submitted. The agency shall make the final
decision regarding estimated cost.
(c)
Fees for additions shall be computed on the same basis as fees
for new construction for the added portion.
(d)
Fees for combination renovations and additions shall be computed
as the sum of the fees computed separately in accordance with Items
(a) and (b) above.
(e)
Provided, further, that the minimum fee shall be $65.
2.
Miscellaneous flat fees.
(a)
Private swimming pools. In-ground: $250; aboveground: $65.
(b)
Fencing/retaining walls: $10 per $1,000 estimated costs, provided
the minimum fee shall be $65.
(c)
Residential tool or storage sheds. Up to 100 square feet: $65.
Over 100 square feet: $0.0150 per cubic feet of building or structure,
provided that the minimum fee shall be$65.
(d)
Commercial/residential type antenna mast and satellite dish.
Roof- or ground-mounted shall be $10 per $1,000 estimated cost, provided
the minimum fee shall be $65.
(e)
Signs. Fee shall be based at $2 per square foot of the surface
area. The minimum sign fee shall be $65. In the case of double-faced
signs, the area of only one side of the sign shall be used for purposes
of the fee computation.
(f)
Siding/roofing: $10 per $1,000 estimated costs, provided the
minimum fee shall be $65.
(h)
Commercial installation or removal of flammable or combustible
liquid storage tanks and dispensing units or pumps.
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Installation, per tank, of a tank for heating purposes up to:
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1,000 gallons
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$150
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1,001 to 2,000 gallons
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$200
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2,001 to 3,000 gallons
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$250
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Over 3,000 gallons
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$300
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Installation, per tank, of a tank for dispensing or storage
of flammable or combustible liquid up to:
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1,000 gallons
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$200
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1,001 to 2,000 gallons
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$250
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2,001 to 3,000 gallons
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$300
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Over 3,000 gallons
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$375
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Dispensing units or pumps - per unit
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$15
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Abandonment of tank in place or removal - per tank
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$230
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(i)
Moving of a structure or building. From one lot to another or to a new location on the same lot shall be $10 per $1,000 of the sum of the estimated cost of moving. The fee for a new foundation and for placement in a completed condition in the new location shall be the same fee as in Subsection 1(a) above; provided that the minimum fee shall be $65.
(j)
Renewal of an existing permit. For one additional year the fee
shall be $100, provided substantial construction has taken place within
the first six-month period of the construction permit applied for.
For each additional year thereafter, the fee shall be 1/3 of the cost
of the original permit, provided that the minimum fee shall be $100;
and, provided further, that the construction for which the permit
is applied, is progressing diligently.
(k)
Asbestos removal. An administrative fee of $70 shall be paid
for each construction permit issued for an asbestos abatement project
and an administrative fee of $14 for each certificate of occupancy.
(l)
Driveways, patios and walks. A fee of $65 shall be paid for
each driveway, patio, or walk installation.
(m)
Lead hazard abatement. The fee for a permit for lead hazard
abatement work shall be $120. The fee for a lead abatement clearance
certificate shall be $28.
(n)
Final inspection. Upon completion of construction applied for
and all required final Subcode inspections performed, the applicant
and/or agent of owner/applicant shall notify the Construction Office
that the job is complete in order to close out any ongoing job/project.
In the event the Construction Office is not notified that construction
is completed within 30 calendar days of such completion, an additional
fee of $50 shall be assessed to the owner/applicant or other who has
applied for and received the subject construction permit, unless good
cause is shown to the Construction Office for the delay.
(o)
Tennis, paddleball, basketball and other exterior sports courts.
The fee for a permit for a tennis, paddleball, basketball or other
exterior sports court shall be assessed at the alteration fee per
Paragraph 9-1.5a1(b). The fee for a residential tennis, paddleball,
basketball or other exterior sports court shall be $250. Any electrical,
plumbing or fire permit fees shall be assessed separately.
(p)
Swingsets/playsets, basketball equipment, water features, and
all other accessory uses. The fee for swingsets/playsets, basketball
equipment, water features, and all other accessory uses not otherwise
described in this subsection shall be $65 per installation.
(q)
Tents. A fee of $92 shall be paid for each tent in excess of
900 square feet in area or more than 30 feet in any dimension. Any
electrical permit fees shall be assessed separately.
3.
Elevator fees schedule.
(a)
The fee for a permit to install an elevator device shall be
a flat fee. The fee may vary for different types of inspections, tests,
and elevator devices. N.J.A.C. 5:23-4.18(g)1.
(b)
The categories of municipal elevator fees shall be identical
to the categories of elevator fees listed in N.J.A.C. 5:23-12.6(a)
and (b).
(c)
The fee for plan review for elevator devices in structures of
Use Groups R-3 and R-4 shall be: N.J.A.C. 5:23-4.20(c)6: $49.
(d)
The fee for plan review for elevator devices in structures in
use groups other than R-3 and R-4 shall be: N.J.A.C. 5:23-4.20 (c)7:
$254.
(e)
Acceptance tests: The fee for elevators in structures not in
Use Group R-3 or R-4 shall be as follows: N.J.A.C. 5:23-12.6(a)1i
through vi. (See N.J.A.C. 5:23-4.20(c)8.)
(1)
Traction and winding drum elevators:
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1 to 10 floors
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$238
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Over 10 floors
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$396
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Hydraulic elevators
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$212
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Roped hydraulic elevators
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$238
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Escalator and moving walks
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$212
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Dumbwaiter
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$53
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Stairway chair, incline and vertical wheelchair lift and manlifts
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$53
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(2)
Additional charges for devices equipped with the following features
shall be as follows: N.J.A.C. 5:23-12.6(a)2i through iii.
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Oil buffers
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$43
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Cwt. governor and safeties
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$106
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Auxiliary power generator
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$79
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(f)
The fee for elevator devices in structures in Use Group R-3
or R-4 shall be: N.J.A.C. 5:23-12.6(a)3: $159.
(g)
The fee for witnessing acceptance tests of and performing inspections
of alterations shall be: N.J.A.C. 5:23-12.6(a)4: $53.
(h)
The fee for routine, six month tests and inspections for elevator
devices in structures not in Use Groups R-3 or R-4 shall be as follows:
N.J.A.C. 5:23-12.6(b)1i through iv.
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Traction and winding drum elevators:
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1 to 10 floors
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$147
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Over 10 floors
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$190
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Hydraulic elevators
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$106
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Roped hydraulic elevators
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$147
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Escalator and moving walks
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$147
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(i)
The fee for one-year periodic inspection and witnessing of tests
of elevator devices, which shall include a six-month routine inspection,
shall be: N.J.A.C. 5:23-12.6(b)2i through vi.
(1)
Traction and winding drum elevators:
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1 to 10 floors
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$212
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Over 10 floors
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$253
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Hydraulic elevators
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$159
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Roped hydraulic elevators
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$212
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Escalator and moving walks
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$338
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Dumbwaiters
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$84
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Manlifts, stairway chair lifts, incline and vertical wheelchair
lifts
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$128
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(2)
Additional yearly periodic inspection charges for elevator devices
equipped with the following features shall be as follows: N.J.A.C.
5:23-12.6(b)3i through iii.
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Oil buffers, per buffer
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$43
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Cwt. governor and safeties
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$84
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Auxiliary power generator
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$53
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(j)
The fee for the three-year or five-year inspection of elevator
devices shall be as follows: N.J.A.C. 5:23-12.6(b)4i and ii.
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Traction and winding drum elevators:
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1 to 10 floors (5-year inspection)
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$359
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Over 10 floors (5-year inspection)
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$401
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Hydraulic and roped hydraulic elevators:
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3-year inspection
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$265
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5-year inspection
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$159
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4.
Plan review. The fee for plan review shall be 20% of the amount to
be charged for the construction permit and shall be paid before the
plans are reviewed. The amount paid for this fee shall be credited
toward the amount of the fee to be charged for the construction permit.
5.
New Jersey state permit fees per N.J.A.C. 5:23-4.19. 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 $0.0019 per cubic foot of volume of new
construction. The fee for all other construction, except pre-engineered
systems of commercial farm buildings, shall be $0.96 per $1,000) of
value of construction. No fee shall be collected for pre-engineered
systems of commercial farm buildings. Surcharge fees shall be remitted
to the Department of Community Affairs, on a quarterly basis for the
fiscal quarter ending September 30, December 31, March 31 and June
30, and not later than one month next succeeding the end of the quarter
for which it is due.
6.
Plumbing fixtures and equipment. Plumbing fees shall be as follows:
(a)
For each plumbing fixture listed below, $10:
Water closet/bidet/urinal
Bathtub
Stall shower
Lavatory/sink
Washing machine/standpipe
Dishwasher
Kitchen pot filler
Hose bibb
Garbage disposal
Indirect connection
Drinking fountain
Floor drain
Backflow preventer (non-testable)
Stacks
(b)
Each heat pump and/or device: $50.
(c)
Storm/sanitary sewer line (each) inside building only: $76.
(d)
Storm/sanitary sewer line (each) outside building only: $76.
(e)
Testable backflow preventer: $100.
(f)
Each special device as listed below shall be $65:
Hot water heater
Lawn sprinkler with back flow preventer
Gas piping
Gas service entrance
Utility service connections
Grease traps
Fuel oil piping
Oil separators
Steam boilers (gas or oil)
Active solar systems
Interceptors
Water cooled air conditioning units
Refrigeration units
Sewer ejectors
Sewer pumps (stormwater)
(g)
Minimum fee for plumbing permit shall be $65.
7.
Electrical fixtures and equipment. Electrical fees shall be as follows:
(a)
Electrical fixtures and devices.
From 1 to 50 receptacles, fixtures or switches: $40.
Each additional 25 receptacles, fixtures or switches: $10.
For the purpose of computing this fee, receptacles, fixtures
or switches shall include:
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Lighting fixtures
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Smoke detectors
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Receptacles
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Thermostats
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Light poles (residential)
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Switches
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Emergency and exit lights
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Heat detectors
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Motors - Fract. hp
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Communication/intercom
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Alarm devices/F.A.C. panel
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Any similar device or motor of 1 horsepower or 1 kilowatt or
less
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(b)
Motors.
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1 hp to 10 hp
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$25
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10.1 hp to 50 hp
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$60
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50.1 hp to 100 hp
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$90
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100.1 hp and larger
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$450
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(c)
Electrical devices.
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1 kW to 10 kW
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$25
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10.1 kW to 50 kW
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$60
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50.1 kW to 100 kW
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$90
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100 kW and larger
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$450
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For the purposes of computing this fee, typical electrical device
sizes are listed below, and proper kW rating must be noted on application
so proper fee can be assessed.
| |
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Typical electrical devices:
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Dishwasher
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1.2 kW
|
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Hot water heater
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4.5 kW
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Electric dryer
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5 kW
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Apartment size range
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8 kW
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For electric B.B. heat greater than 4 feet or 1 kW, apply schedule.
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All other devices, apply kW schedule.
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(d)
Transformers or generators.
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1 kW to 10 kW
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$25
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10.1 kW to 50 kW
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$60
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50.1 kW to 112.5 kW
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$90
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112.5 kW and larger
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$450
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(e)
Service equipment including:
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Service panel
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Service entrance
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Subpanel
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Commercial F.A.C. panel
|
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0 to 200 AMP
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$60
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200.1 to 1000 AMP
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$100
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1000.1 and larger
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$450
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(f)
Construction pole services.
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Service
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$85
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1 receptacle
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$40
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Total pole service
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$125
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(g)
Air conditioners. Includes disconnect switch, condenser unit,
air-handling unit and final inspection.
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Flat fee
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$65
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(h)
Pools, spas, hot tubs, etc. Includes bonding, underground conduit,
underwater lighting and final inspection.
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Flat fee
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$95
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Exterior lighting, subpanels, exterior outlets, etc., priced
separately.
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(i)
Commercial lights and poles.
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1 to 10
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$45
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11 to 20
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$85
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21 to 30
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$120
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Over 30
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$140
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(j)
Minimum fee for electrical permit shall be $65.
8.
Fire Subcode fees. Fire protection and other hazardous equipment:
sprinklers, standpipes, detectors (smoke and heat), pre-engineered
suppression systems, gas and oil-fired appliances not connected to
the plumbing system, kitchen exhaust systems, incinerators and crematoriums.
In computing fees for heads and detectors, the number of each
shall be counted separately and two fees, one for heads and one for
detectors, shall be charged.
(a)
The fee for 10 or fewer smoke or carbon monoxide detectors shall
be: $65.
(b)
The fee for 20 or fewer heads shall be: $65.
(c)
The fee for 11 to 20 smoke or carbon monoxide detectors shall
be: $85.
(d)
For 21 to and including 100 heads or detectors, the fee shall
be: $120.
(e)
For 101 to and including 200 heads or detectors, the fee shall
be: $228.
(f)
For 201 to and including 400 heads or detectors, the fee shall
be: $590.
(g)
For 401 to and including 1,000 heads or detectors, the fee shall
be: $800.
(h)
For over 1,000 heads or detectors, the fee shall be: $1,000.
(i)
The fee for each standpipe shall be: $229.
(j)
The fee for each independent pre-engineered system shall be:
$92.
(k)
The fee for each gas or oil-fired appliance that is not connected
to the plumbing system shall be: $46.
(l)
The fee for each commercial kitchen exhaust system shall be:
$92.
(m)
The fee for each incinerator shall be: $365.
(n)
The fee for each crematorium shall be: $365.
(o)
The fee for each fire service line shall be: $85.
(p)
The fee for emergency/exit lights shall be: $65.
(q)
Minimum fee for fire permit shall be: $65.
9.
Mechanical fees.
(a)
The fee for a direct replacement or conversion for an appliance
listed below in a Use Group R-3 or R-4 structure by a mechanical inspector
shall be $85 and $10 for each additional device. No separate fee shall
be charged for gas, fuel, oil or water piping connections associated
with the mechanical equipment inspected. However, an additional fee
of $60 shall be charged for new gas service, new water service, new
oil lines and items of this nature.
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The following items shall be eligible for direct replacement
fees:
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Water heater
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Gas piping
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Steam boiler
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Fuel oil piping
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Hot air furnace
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Air handler/condensing unit
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Hot water boiler
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Back flow preventer
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(b)
Installation or removal of flammable or combustible liquid storage
tanks and dispensing units or pumps:
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Dispensing units or pumps - per unit
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$15
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Inside tanks up to 275 gallons installed for heating
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Purposes - per tank
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$60
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Other inside tanks - per tank
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$76
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Underground tanks - per tank
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$176
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Aboveground tanks
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Up to 660 gallon capacity - per tank
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$150
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661 to 2,000 gallon capacity - per tank
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$250
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Each additional 1,000 gallons
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$10
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Abandonment of tanks in place or removal - per tank
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$76
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10.
Occupancy permit fees.
(a)
The fee for a certificate of occupancy shall be in the amount
of 10% of the new construction permit fee that would be charged by
the Department pursuant to these regulations. The minimum fee shall
be $130, except for one or two-family (Use Group R-3 or R-4 of the
Building Subcode) structures of less than 5,000 square feet in area
and less than 32 feet in height, and structures on farms, including
farm buildings subject to N.J.A.C. 5:23-3.2(d), for which the minimum
fee shall be $60.
(b)
There shall be no fee for a temporary certificate of occupancy.
(c)
Certificate of occupancy. Change in use groups shall be combined
minimum fee for all subcodes, provided that the minimum fee shall
be $240.
(d)
Continued certificate of occupancy. The fee shall be the combined
minimum fee for all subcodes, provided that the minimum fee shall
be $240.
(e)
The fee for an application for a variation in accordance with
N.J.A.C. 5:23-2.10 shall be $550 for Class I structures and $111 for
Class II and Class III structures. The fee for resubmission of an
application for variation shall be $212 for Class I structures and
$60 for Class II and Class III structures.
(f)
For cross connections and backflow preventers that are subject
to annual testing, the fee shall be $111 for each device.
(g)
All subcode fees shall be rounded to the nearest dollar.
(h)
All fees paid to the Department under the regulations shall
be nonrefundable.
[Ord. No. 2379-11 § 1;
amended 12-3-2019 by Ord. No. 2545-19; 11-21-2023 by Ord. No. 2654-23]
a.
BUILDING
CONNECTION FEE PAYMENT DATE
SERVICE UNIT
SEWER CONNECTION DATE
Definitions.
Shall mean any building or structure heretofore or hereafter
constructed and designed or used for dwelling purposes, either temporary
or permanent, or other use or occupancy by persons.
Shall mean the date upon which the connection fee authorized
in this section shall be due and payable, which shall be no less than
60 days prior to the sewer connection date, and upon the failure of
which no physical connection or use of the municipal sewerage system
shall be permitted and no certificate of occupancy issued for the
related building or structure.
Shall mean the amount of sewage flow attributable to each
single-family residential unit, and also known as an equivalent dwelling
unit.
Shall mean the date upon which physical connection is made
to the municipal sewerage system.
b.
Sewer connection required. The owner of any building located upon
any public street or easement in the Township in which a sewer is
now constructed and in operation or shall be hereafter constructed
and in operation shall, on the sewer connection date with respect
to the building, connect such building therewith, and at such connection
point as shall be designated by the Township Engineer.
c.
Connection fee to be assessed. A connection fee for each connection
of any property to the sewerage system shall be imposed upon the owner
or occupant of the property so connected. The connection charges shall
be uniform within each class of users and the amount thereof shall
not exceed the actual cost of the physical connection plus an amount
representing a fair payment towards the cost of the system and computed
in the following manner:
1.
The amount representing all debt service, including but not limited
to sinking funds, reserve funds, the principal and interest on bonds,
and the amount of any loans and interest thereon, paid by the Township
to defray the capital cost of developing the system as of the end
of the immediately preceding budget year shall be added to all capital
expenditures made by the Township not funded by a bond ordinance or
debt for the development of the system as of the end of the immediately
preceding budget year;
2.
Any gifts, contributions or subsidies to the Township received from,
and not reimbursed or reimbursable to, any federal, state, county
or municipal government or agency or any private person, and that
portion of amounts paid to the Township by a public entity under a
service agreement or service contract which is not repaid to the public
entity by the Township, shall then be subtracted;
3.
The remainder shall be divided by the total number of service units
served by the local unit or units at the end of the immediately preceding
budget year, and the results shall then be apportioned to each new
customer according to the number of service units attributed to that
connector, to produce the connector's contribution to the cost of
the system. In attributing service units to each connector, the estimated
average daily flow of sewage for the connector shall be divided by
the average daily flow of sewage for the average single-family residence
in the area served by the Township to produce the number of service
units to be attributed.
4.
The connection fee shall be recomputed during the first quarter of
each budget year, after a public hearing is held. The revised connection
fee may be imposed upon those who subsequently connect to the system
in that budget year.
d.
Connection Fees. The connection fee shall be paid on or before the
Connection Fee Payment Date for connection directly to (1) an existing
sewer line within the Township presently operated and maintained by
the Township, (2) any sewer line constructed by the Township as a
capital project, or otherwise, or (3) any sewer line constructed by
a developer as an on-site, on-tract, off-site or off-tract improvement
in conjunction with the development of a subdivision or site plan
(including those units constructed by a developer in conjunction with
a subdivision or site plan where the developer is installing the sewer
line at its cost), as follows:
1.
Each apartment unit, condominium unit, cooperative apartment unit,
townhouse unit or single-family dwelling already in existence or to
be newly constructed and not presently connected to the sewer system
shall pay a connection fee as follows: Single-family dwelling, apartment
unit, condominium unit, cooperative apartment unit, townhouse unit
or any other multiple dwelling unit, per unit: $2,100 (basic connection
fee).
2.
Schools, municipal facilities, churches and charitable institutions:
Connection fees-Same as commercial and industrial connections.
3.
Commercial and industrial connection (including condominium offices
and cooperative offices): The connection fee shall be computed for
each connection based on the charge for a single-family dwelling multiplied
by the equivalent number of single-family units (service units) contributing
the same flow rate to the system in accordance with the following
standards:
(a)
The design flow rate for one single-family dwelling is 250 gallons
per day.
(b)
The Design Flow rate for various types of establishments, as
set forth in the applicable regulations of the New Jersey Department
of Environmental Protection ("NJDEP") as amended, currently cited
in N.J.A.C. 7:14A-23.3, shall be used to determine the equivalency
factor for type of establishments listed therein.
(c)
In any case where the Design Flow cannot be reasonably established,
using N.J.A.C. 7:14A-23.3 as a guide, the Township shall determine
the design flow by such means as are, in its opinion, fair and equitable,
based upon the recommendation of the Township Engineer.
|
Example Calculation: (GPD means gallons per day):
| |
|
GPD
250
|
x basic connection charge = connection fee (rounded to next
highest $100)
|
4.
Hotels, nursing homes (and other types of similar lodging):
Connection fees - Same as commercial and industrial except that
only one connection shall be required.
e.
Additional Connection Fee for Addition, Alteration or Change in Use.
1.
For a property connected to the sewerage system for less than 20
years, the Township shall charge an additional connection fee for
an addition, alteration, or change in use that materially increases
the level of use and imposes a greater demand on the sewerage system,
but does not involve a new physical connection of the property to
the sewerage system.
2.
The connection fee authorized by subsection e1 of this section shall be equal to the amount by which the increased use and demand on the sewerage system exceeds the use and demand that existed prior to such addition, alteration, or change in use.
3.
Nothing in this section shall be construed to preclude the Township
from charging a new or additional connection or tapping fee for any
new or additional connection of a property to the sewerage system,
or for any increase in the size of an existing connection or for any
new construction of additional service units connected to the sewerage
system that materially increases the level of use or demand on the
sewerage system.
4.
As used in this section, "materially increases" means any increase
in the number of service units; or any other change which increases
the level of use or demand on the sewerage system by 15% or more over
the highest actual annual use and demand that existed during the prior
ten-year period immediately preceding the addition, alteration, or
change in use; provided, however, that, if the property has been connected
to the sewerage system for less than 10 years, the average level of
use and demand shall be calculated based on the actual period of connection.
f.
Credits.
1.
The Township shall provide a credit applicable toward a connection
fee to be charged for a reconnection of a disconnected property that
was previously connected to the sewerage system, provided that:
2.
The credit required under subsection f1 of this section shall be calculated as follows:
(a)
If the reconnection does not require any new physical connection
or does not increase the nature or size of the service or the number
of services units, or does not expand the use of the sewerage system,
the credit shall be equal in amount to the new connection fee.
(b)
If the reconnection requires a new physical connection, increases
the nature or size of the service or the number of service units,
or expands the use of the sewerage system, the credit shall be equal
in amount to any connection fee previously paid for the property,
and the Township shall charge the difference between the credit and
the connection fee for the new use or class.
(c)
If no connection fee was ever paid for the property, but all
service charges due and owing on the property have been paid for at
least 20 years, the credit shall be equal in amount to the new connection
fee; provided, however, that any charges due and owing pursuant to
paragraph (b) of this subsection shall be paid.
(d)
If no connection fee was ever paid for a disconnected property that is to be reconnected and which was previously connected to the sewerage system for at least 20 years and all service charges due and owing on the property have not been paid for at least 20 years, the Township shall charge, in addition to any charges due and owing pursuant to subsection 2(b), a connection fee equal to the lesser of:
3.
A credit shall not be allowed under this section for a property that
has been disconnected from the sewerage system for more than five
years.
4.
As used in this section, "disconnected property" means a property
that has been physically disconnected from the sewerage system or
a property not physically disconnected but to which service has been
discontinued without payments being made. A "disconnected property"
shall not include a property that has been temporarily disconnected
from the sewerage system or to which service has been discontinued
without payments being made for less than 12 consecutive months and
is being reconnected as it existed, prior to the temporary disconnection
or discontinuance of service.
g.
Affordable Housing Projects.
1.
With respect to the construction of affordable housing projects,
including any affordable housing units in inclusionary projects, a
50% reduction in the connection fee shall be applied to new connections
to the Township sewerage system. This reduction shall only apply to
affordable housing units and shall not apply to market rate housing.
2.
For units previously connected to the Township's system that
were demolished or refurbished to allow for new affordable housing
units and for which a connection fee was previously paid, a credit
against the connection fee to be assessed for connection with the
sewerage system shall be applicable to any affordable housing units,
including affordable housing units in inclusionary projects. The credit
shall be the connection fee previously assessed and paid for connection
with the sewerage system for units previously connected to the Township's
system.
3.
The connection fee assessable against an affordable housing owner, for units previously connected to the Township's system that were demolished or refurbished to allow for new affordable housing units, including affordable housing units in inclusionary projects, shall be the lesser of the reduced rate provided for in subsection g1 of this section, or the current non-reduced rate applicable to other types of housing developments minus the credit provided under subsection g2 of this section for units for which a connection fee or tapping fee was previously paid, provided that said affordable housing owner can establish the connection fee or tapping fee was previously assessed and paid for connection with the system. If the same cannot be established, the reduced rate provided for in subsection g1 of this section shall be assessed.
[Ord. No. 2379-11 § 2]
Prior to the making of the physical connection of a sewer line
to the municipal sewer system, there shall be paid a tapping/construction
fee of $110 to cover the administrative cost of municipal approval
of the proposed connection and the inspection of the construction
of the connection by municipal personnel to assure compliance with
the Township requirements for such work.
[1967 Code § 7-1-6; Ord. No. 12-28-76 § 1]
The enforcing agency will administer the provisions of the State
Uniform Construction Code Ordinance in accordance with N.J.S.A. 52:27D-131.
[1967 Code § 7-1-7; Ord. No. 12-28-76 § 1; Ord. No. 2507-18 § 1]
The enforcing agency will administer the provisions of the State
Uniform Construction Code Ordinance in accordance with N.J.S.A. 52:27D-132.
Prior to inspection of building framing, a certification, with supporting
documentation, signed by a licensed land surveyor registered in the
State of New Jersey shall be filed with the Construction Office who
shall review same to assure compliance with applicable height restrictions.
[1967 Code § 7-1-8; Ord. No. 12-28-76 § 1; Ord. No. 2507-18 § 2]
The enforcing agency will administer the provisions of the State
Uniform Construction Code Ordinance in accordance with N.J.S.A. 52:27D-133.
Prior to the issuance of a certificate of occupancy, an as-built survey
prepared by a licensed land surveyor registered in the State of New
Jersey shall be filed with the Construction Office who shall review
same to assure compliance with applicable zoning requirements, including
front, rear and side yard setbacks, total lot coverage, building coverage,
accessory use coverage and maximum building height.
[1967 Code § 7-1-9; Ord. No. 12-28-76 § 1]
The enforcing agency will administer the provisions of the State
Uniform Construction Code Ordinance in accordance with N.J.S.A. 52:27D-135.
[1967 Code § 7-2-7; Ord. No. 12-28-76 § 1]
a.
Appeals. Appeals shall be taken to the Essex County Construction
Board of Appeals in accordance with N.J.S.A. 52:27D-127.
b.
Stay of proceedings. Neither an appeal to the Essex County Construction
Board of Appeals nor a departmental appeal nor an appeal to a court
of competent jurisdiction shall automatically stay an order to stop
construction issued pursuant to the New Jersey Uniform Construction
Code or prevent the seeking of an order in a court of competent jurisdiction
to enjoin the violation of a stop-construction order.
[1967 Code § 7-2-8; Ord. No. 12-28-76 § 2]
Penalties will be as provided in N.J.S.A. 52:27D-138.
[1]
Editor's Note: For state law authorizing the Township to repair,
close or demolish dwellings unfit for human habitation, see N.J.S.A.
40:48-2.3 to 40:48-2.12.
[1967 Code § 7-4-1; Ord. No. 5-20-63 § 1]
As used in this section:
Shall mean any dwelling or structure or part thereof, whether
used for human habitation, use or otherwise. The term shall include
any outhouses or appurtenances thereto usually enjoyed therewith.
Shall mean the Township Committee.
Shall mean the holder of title in fee simple.
Shall mean all persons who have interests of record in a
building and any who are in actual possession thereof.
Shall mean any housing authority or any officer who is in
charge of any Department or branch of the government of the Township,
County or State relating to health, fire, building regulations or
to other regulations concerning buildings in the Township.
Shall mean the officer authorized by this section to exercise
the powers prescribed in this section.
[1967 Code § 7-4-2; Ord. No. 5-20-63 § 1]
The Business Administrator is hereby designated as the public
officer to exercise the powers prescribed by this section.
[1967 Code § 7-4-3; Ord. No. 5-20-63 § 1]
No person shall have, keep or maintain a building that is unfit
for human habitation, occupancy or use or which is dangerous or injurious
to the health or safety of the occupants thereof or the occupants
of neighboring buildings or other residents in the Township.
[1967 Code § 7-4-4; Ord. No. 5-20-63 § 1]
Whenever a petition is filed with the Public Officer by a public
authority or by at least five residents of the Township charging that
any building is unfit for human habitation or occupancy or use, or
whenever it appears to the Public Officer, on his/her own motion,
that any building is unfit for human habitation or occupancy or use,
the Public Officer shall, if his/her preliminary investigation discloses
a basis for such charges, issue and cause to be served upon the owner
and parties in interest of such building a complaint stating the charges
in that respect and containing a notice that a hearing will be held
before the Public Officer or his/her designated agent at a place therein
fixed not less than 10 days nor more than 30 days after the service
of such complaint. The owner and parties in interest shall be given
the right to file an answer to the complaint and to appear in person
or otherwise and give testimony at the time and place fixed in the
complaint. The rules of evidence prevailing in the courts shall not
be controlling in hearings before the Public Officer.
[1967 Code § 7-4-5; Ord. No. 5-20-63 § 1]
If, after the notice and hearing required by subsection 9-3.4 the Public Officer determines that the building under consideration is unfit for human habitation or occupancy or use, he/she shall state in writing his/her findings of fact in support of such determination, and shall issue and cause to be served upon the owner thereof and the parties in interest an order as follows:
a.
Requiring the repair, alteration or improvement of the building to
be made by the owner within a reasonable time, which time shall be
set forth in the order, or at the option of the owner, to vacate or
have the building vacated and closed within the time set forth in
the order.
b.
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises and the owner
fails to repair, alter or improve the building within the time specified
in the order, then the owner shall be required to remove or demolish
the building within a reasonable time, as specified in the order of
removal.
[1967 Code § 7-4-6; Ord. No. 5-20-63 § 1]
If the owner of any dwelling fails to comply with an order to
repair, alter or improve, or at the option of the owner, to vacate
and close the building, the Public Officer may cause such building
to be repaired, altered or improved or to be vacated and closed. The
Public Officer also may cause to be posted on the main entrance of
any building so closed a placard with the following words: "This building
is unfit for human habitation or occupancy or use; the use or occupation
of this building is prohibited and unlawful."
[1967 Code § 7-4-7; Ord. No. 5-20-63 § 1]
If the owner fails to comply with an order to remove or demolish
any building under this section, the Public Officer may cause such
building to be removed or demolished or may contract for the removal
or demolition thereof after advertisement for and receipt of bids
therefor.
[1967 Code § 7-4-8; Ord. No. 5-20-63 § 1]
No person shall own, have, keep, maintain or live in any building on which there has been posted a placard as provided in subsection 9-3.6 or remove or cause removal of any such posted placard.
[1967 Code § 7-4-9; Ord. No. 5-20-63 § 1]
The amount of the cost of the filing of legal papers, expert
witness fees, sheriff fees and advertising charges incurred in the
course of any proceeding before the Public Officer, and the cost of
repairs, alterations or improvements, vacating and closing or removal
or demolition under this section shall be a municipal lien against
the real property upon which such cost was incurred. If the building
is removed or demolished by the Public Officer, he/she shall sell
the materials of such building and shall credit the proceeds of such
sale against the cost of the removal or demolition. Any balance remaining
shall be deposited in the Superior Court by the Public Officer, shall
be secured in such manner as may be directed by the Court and shall
be disbursed according to the order or judgment of the Court to the
persons found to be entitled thereto by the final order or judgment
of such Court; provided, that nothing in this section shall be construed
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. Any owner or party in interest may, within
60 days from the date of the filing of the lien certificate, proceed
in a summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
[1967 Code § 7-4-10; Ord. No. 5-20-63 § 1]
The Public Officer may determine that a building is unfit for
human habitation, occupancy or use if he/she finds that conditions
exist in such building which are dangerous or injurious to the health
or safety of the occupants of such building, the occupants of neighboring
buildings or other residents of the Township. Such conditions may
include, without limiting the generality of the following:
[1967 Code § 7-4-11; Ord. No. 5-20-63 § 1]
Any complaint or order issued by the Public Officer pursuant
to the provisions of this section shall be served upon persons either
personally or by registered mail, but if the whereabouts of such are
unknown and cannot be ascertained by the Public Officer in the exercise
of reasonable diligence, the Public Officer shall make an affidavit
to that effect, and then the serving of such complaint or order upon
such persons may be made by publishing the same each week for two
successive weeks in a newspaper published in the Township. A copy
of such complaint or order shall be posted in a conspicuous place
on the premises affected by such order. A copy of such complaint or
order shall be duly recorded or lodged for record with the County
Recording Officer.
[1967 Code § 7-4-12; Ord. No. 5-20-63 § 1]
The Public Officer is hereby authorized to exercise such powers
as may be necessary or convenient to carry out and effectuate the
purposes and provisions of this section, including, in addition to
the other powers granted in this section, the following:
a.
To investigate the building conditions in the Township in order to
determine which buildings therein are unfit for human habitation,
occupancy or use.
b.
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examinations; provided
that such entrance shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this section.
e.
To delegate any of his duties and powers under this section to such
officers, agents and employees as he/she may delegate.
[1967 Code § 7-4-13; Ord. No. 5-20-63 § 1]
Any repair, alteration, improvement, removal or demolition as
provided in this section may be performed by the Township through
its proper officers or employees, or the Township may contract with
any person to render such services on behalf of the Township under
its control and direction and pursuant to specifications showing in
detail the service to be rendered, pursuant to rules and regulations
adopted by the governing body for the same and upon ample security
for proper performance being given to the Township. The procedure
to be followed in entering into any such contract shall be in accordance
with N.J.S.A. 40:48-5. The Township may recover the cost thereof from
the owner by action at law. This section shall be in addition to any
other remedy provided for by this section and shall not make void
any lien upon real estate provided by this section nor prevent the
imposition of any penalty imposed for the violation of this Code or
any other ordinance of the Township.
[1967 Code § 7-4-14; Ord. No. 5-20-63 § 1]
Nothing in this section shall be construed to abrogate or impair
the powers of the courts of any Department of the Township to enforce
any provisions of its Charter, ordinances or regulations, nor to prevent
violations thereof. The powers conferred by this section shall be
in addition and supplemental to the powers conferred by any other
law.
[1967 Code § 7-7-1; Ord. No. 10-81 § 1]
No owner, lessee or occupant of any building or portion thereof
in the Township which is open for use or occupancy by the public shall
maintain or cause to be maintained such building in such a way that:
a.
The temperature of any interior portion thereof is allowed to fall
below 55° Fahrenheit at any time in which such building or portion
thereof is open for use or occupancy by the public.
b.
Any lavatory or toilet facilities intended for use by the public
are in an unsanitary or inoperable condition.
c.
Any interior or exterior sidewalk, passageway, waiting area or parking
lot or any other area in, through or over which the public passes
or has access is inadequately illuminated at any time in which any
such area or portion thereof is open for use by the public. For purposes
of this section, such interior areas shall be deemed to be inadequately
illuminated if the footcandle power measures less than five footcandles
at a distance of three feet from the floor surface and such exterior
areas are inadequately illuminated if the footcandle power measures
less than two footcandles at a distance of three feet from the floor
surface.
|
ARTICLE I
DETERMINATION OF ELIGIBILITY FOR PROTECTED TENANCY STATUS
|
[1967 Code § 8AA-1-1; Ord. No.
11-87 § 1]
Pursuant to the Senior Citizens and Disabled Protected Tenancy
Act N.J.S.A. 2A:18-61.22 et seq. (the "Act") and the regulations promulgated
by the New Jersey Department of Community Affairs (the "DCA") pursuant
thereto, N.J.A.C. 5:24-2.1 et seq. (the "Regulations") the Millburn
Township Clerk shall be, and hereby is designated as, the municipal
Administrative Officer, who shall assume the duties under this Chapter.
[1967 Code § 8AA-1-2; Or. No. 11-87 § 1]
The following procedures shall apply to any building being converted
to the condominium or cooperative form of ownership:
a.
The owner or sponsor of the building being converted shall supply
the Township Clerk with a current tenant list and stamped envelopes
addressed to each tenant, each such envelope containing copies of
all required notices to be given to such tenants, and all documents
required pursuant to N.J.A.C. 5:24-2.9.
b.
Within 10 days of the receipt of the items set forth above, the Township
Clerk shall mail to each tenant the notice and all other forms required
by the Act and Regulations and, within two business days of such mailing,
shall provide to the owner or sponsor an affidavit that the Township
Clerk has mailed the aforesaid items to each tenant.
c.
A tenant seeking protected tenancy status shall file an application
form with the Township Clerk within the sixty-day time period set
forth in the Act and Regulations.
d.
The Township Clerk shall accept all applications timely submitted
by the tenants seeking the benefits of the protected tenancy status
of the Act.
e.
Upon written request of the Township Clerk, mailed first class, a
tenant seeking protected tenancy status shall supplement the form
with such documentation as the Township Clerk shall deem necessary
in order to make a determination of eligibility. An application form
shall be deemed to be completed when all supplementary documentation
required by the Township Clerk has been submitted. Such supplementary
documentation may include:
1.
Copies of income tax returns, including the immediate past year's
New Jersey State Income Tax Form.
2.
Copy of birth certificate or other such valid proof of age.
3.
Copy of Entitlement to Social Security or SSI Disability Benefits,
where applicable.
|
An application shall be deemed incomplete and shall not be accepted
if supplementary documentation is not provided to the Township Clerk
within 10 days of request therefor.
|
f.
The Township Clerk shall make the determination of eligibility within
30 days after receipt of the completed application.
[1967 Code § 8AA-1-3]
The Township Clerk shall determine each applicant to be eligible,
conditionally eligible or ineligible.
a.
A tenant shall be determined to be eligible only if he or she has
established, to the reasonable satisfaction of the Township Clerk,
that he or she qualifies as a senior citizen tenant or disabled tenant
under the Act and Regulations and meets the income, principal residence
and all other requirements established by the Act and Regulations
as of the date of application.
b.
A tenant shall be determined to be conditionally eligible only if
he/she has established to the reasonable satisfaction of the Township
Clerk that he/she meets all requirements established by the Act as
of the date of application, except the two-year principal residency
requirement or the sixty-two-year age requirement, or both.
1.
A conditionally eligible tenant shall automatically become eligible if the conversion recording, as defined in subsection 9-9.30, occurs after the tenant's second anniversary of establishing a principal residence in the building or sixty-second birthday, whichever is later.
2.
If the conversion recording precedes either such second anniversary
of residence or such sixty-second birthday, the tenant shall automatically
become ineligible.
3.
In the event that a tenant is determined to be conditionally eligible,
the determination notice sent to the tenant and to the owner shall
indicate the date after which the tenant shall be eligible if the
conversion recording has not been made.
c.
Any tenant not determined to be either eligible or conditionally
eligible shall be determined to be ineligible.
[1967 Code § 8AA-1-4; Ord. No.
11-87 § 1]
Any tenant determined by the Township Clerk to be eligible or
conditionally eligible for protected status pursuant to the Act and
Regulations shall be so notified by the Township Clerk by mail deposited
within two business days after the eligibility determination has been
made. Any tenant who does not qualify for protected status shall be
likewise so notified of the determination, and the reasons for ineligibility
shall be set forth in such notice. A copy of the notice of determination
as to eligibility, conditional eligibility and ineligibility as to
each tenant who has applied also shall be mailed at the same time
to the owner or sponsor of the plan of conversion.
|
ARTICLE II
APPEALS
|
[1967 Code § 8AA-2-1; Ord. No.
11-87 § 1]
The Township Business Administrator shall be, and hereby is
designated as, the administrative Hearing Officer who shall assume
the duties with respect to appeals filed under this Chapter.
[1967 Code § 8AA-2-2; Ord. No.
11-87 § 1]
The eligibility determination of the Township Clerk may be appealed
by any aggrieved person and such appeal shall be determined by the
Township Business Administrator, or his/her designee, who shall be
a Township official, through an administrative hearing.
a.
Application for an administrative hearing shall be made in writing to the Business Administrator and mailed within 10 days of receipt by the aggrieved person of the notice of determination. The application shall be accompanied by the administrative hearing fee set forth in subsection 9-9.21.
b.
The administrative hearing shall be held within 10 days of application
therefor, at a time, date and place specified by the Business Administrator,
subject to postponement in the Business Administrator's discretion
in extenuating circumstances.
c.
Notice of the hearing shall be given to all known parties in interest
who may testify, present evidence and examine adverse witnesses and
evidence.
d.
The hearing shall be before the Business Administrator and a sound
recording shall be made.
e.
Within 10 days after the close of the hearing, the Business Administrator
shall issue a final written decision and statement of reason therefor.
Pursuant to N.J.A.C. 5:24-2.7(g), any appeal from such final decision
shall be to the courts.
|
ARTICLE III
FEES
|
[1967 Code § 8AA-3-1; Ord. No.
11-87 § 1]
The owner or sponsor shall submit a fee of $50per each application
submitted to the Township Clerk by tenants of the building being converted
in the form of a check or money order made payable to the Township
of Millburn. Within 10 days after the expiration of the sixty-day
application period the Township Clerk shall send a bill to the owner
or sponsor based on the number of applications submitted. Payment
shall be due to the Township Clerk within 10 days of mailing.
[1967 Code § 8AA-3-2; Ord. No.
11-87 § 1]
Upon application for an administrative hearing, the applicant
shall submit a fee of $75 for each application.
|
ARTICLE IV
FILING OF CONVERSION RECORDING
|
[1967 Code § 8AA-4-1; Ord. No.
11-87 § 1]
A copy of the conversion recording, defined as the master deed
(in the case of a condominium conversion) or the deed to the cooperative
corporation (in the case of a cooperative conversion), shall be forwarded
to the Township Clerk simultaneously with the filing of the same with
the Essex County Register's Office.
[New]
The owner of a condominium which is the subject of a lease shall
advise the Township Assessor, in writing, by November 15 of each year
as to whether or not the condominium is rented by a qualified Protected
Tenant. If the Assessor is not so notified, the unit shall be assessed
on the basis that it is not occupied by a qualified Protected Tenant.
|
ARTICLE V
STATUTORY AUTHORITY/CONSTRUCTION
|
[1967 Code § 8AA-5-1; Ord. No.
11-87 § 1]
This section shall be subject to, and shall be construed to
be consistent with, the provisions of the Act and the Regulations,
which are specifically incorporated by reference into this section.
[Ord. No. 21-75 § 1]
This section shall be known as "The Housing Code of the Township
of Millburn" and may be referred to as "The Housing Code."
[Ord. No. 21-75 § 2]
It is hereby found and declared that there exists in the Township
structures which are, or may become, unfit for human habitation or
occupancy, or use, due to dilapidation, defects increasing the hazards
of fire, accidents or calamities, lack of ventilation, light or sanitation
facilities, or due to other conditions rendering such structures or
part thereof, unsafe or unsanitary, or dangerous or detrimental to
the health or safety or otherwise inimical to the welfare of the residents
of the Township. It is further found and declared that, by reason
of lack of maintenance and progressive deterioration, the condition
of certain properties has the further effect of creating blighting
conditions and initiating slums; and that by reason of timely regulations
and restrictions as herein contained, the growth of slums and blight
may be prevented and neighborhood and property values thereby maintained,
the desirability and amenities of dwellings and neighborhoods enhanced
and the public health, safety and welfare protected and fostered.
[Ord. No. 21-75 § 3]
The purpose of this Housing Code is to protect the public health,
safety, morals and welfare by establishing minimum standards governing
the conditions of occupancy and maintenance of rented dwellings, rented
dwelling units, lodging houses and lodging units; to establish minimum
standards governing utilities, facilities and other physical components
and conditions essential to make the aforesaid facilities fit for
human habitation; to fix certain responsibilities and duties upon
owners and distinct and separate responsibilities and duties upon
occupants of the aforesaid facilities; to authorize and establish
procedures for the inspection of such facilities; to fix penalties
for the violation of this Code. This Housing Code is hereby declared
to be remedial and essential for the public interest and it is intended
that this Housing Code be liberally construed to effectuate the purposes
as stated herein.
[Ord. No. 21-75 § 4]
a.
Every rented dwelling space and the premises in which it is situated in the Township, used or designed for human habitation, shall comply with the provisions of this section, whether or not such building or buildings shall have been constructed, altered or repaired before or after the enactment of this Housing Code and irrespective of any permits or licenses which shall have been used for the use or occupancy of the building or premises or for the construction or repair of the building or for the installation or repair of equipment of facilities prior to the effective date of this Housing Code. This Housing Code establishes minimum standards for the initial and continued occupancy of all rented buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein except as provided in subsection 9-11.4b.
b.
In any case where the provisions of this Housing Code impose a higher
standard than that set forth in any other ordinance of the Township
or under the laws of the State of New Jersey, then the standards as
set forth herein shall prevail, but if the provisions of this Housing
Code impose a lower standard than any other ordinance of the Township
or the laws of the State of New Jersey, then the higher standard contained
in any other such ordinance or law shall prevail.
c.
After the date of enactment hereof, all licenses and permits thereof
shall, where this Housing Code is applicable, be issued upon compliance
with this Housing Code as well as compliance with the ordinance under
which such licenses and permits are granted.
d.
No license or permit or other certification of compliance with this
Housing Code shall constitute a defense against any violation of any
other ordinance of the Township applicable to any structure or premises,
nor shall any provision herein relieve any owner or occupant from
complying with any such other provision nor any official of the Township
from enforcing any such other provision.
[Ord. No. 21-75 § 5]
a.
No person shall rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which does not conform to the provisions of subsection 9-11.7 established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
b.
Every owner and occupant shall comply with the respective duties and responsibilities applicable to each which are set forth in subsection 9-11.7.
c.
Owners and operators shall not be held responsible for violation of subsection 9-11.7 when that part of the building is in the exclusive possession of an occupant or where the responsibility has been placed on the occupant by a lease agreement, or where the violator is alleged to be other than the owner or operator.
[Ord. No. 21-75 § 6]
a.
Enforcement. The Health Officer is hereby designated as the Officer
to exercise the powers prescribed by this Housing Code and he/she
shall serve in such capacity without an additional salary. He/she
may appoint or designate such other public officials or employees
of the Township to perform such duties as may be necessary for the
enforcement of the Housing Code, including the making of inspections.
b.
Inspections. The Health Officer is hereby authorized and directed
to make, or cause to be made, inspections to determine the condition
of rented dwellings, rented dwelling units, lodging houses and lodging
units and premises located within the Township in order that he/she
may perform his/her duty of safeguarding the health and safety of
the occupants of rented dwellings and of the general public. For the
purpose of making such inspections the Health Officer is hereby authorized
to enter, examine and survey at all reasonable times, all rented dwellings,
rented dwelling units, lodging houses, lodging units and premises.
The owner or occupant of the same, or the person in charge thereof,
shall give the Health Officer free access to such facilities and premises
at all reasonable times for the purpose of such inspection, examination
and survey. Every occupant of a rented dwelling, rented dwelling unit,
lodging house or lodging unit shall give the owner thereof, or his/her
agent or employee, access to any part of such facility, 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.
c.
Violations of Housing Code. Whenever the Health Officer determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this section, or of any rule or regulation
adopted pursuant thereto, he/she shall give notice of such alleged
violation to the person or persons responsible therefor as hereinafter
provided. Such notice shall (i) be put in writing; (ii) include a
statement of the reasons why it is being issued; (iii) allow a reasonable
time for the performance of any act it requires; and (iv) be served
upon the owner or his/her 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, if a copy
thereof is served upon him/her personally or if a copy thereof is
sent by registered mail to his/her last known address; or if a copy
thereof is posted in a conspicuous place in or about the rented dwelling
affected by the notice; or if he/she is served with such notice by
any other method authorized or required under the laws of this State.
Such notice may contain an outline of remedial action which, if taken,
will affect compliance with the provisions of this section and with
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 Business Administrator, provided
such person shall file in the office of the Business Administrator,
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within 10 days after the day the
notice was served. Upon receipt of such petition the Business Administrator
shall set a time and place for such hearing and shall give the petitioner
a written notice thereof. At such hearing the petitioner shall be
given an opportunity to be heard and to show why such notice should
be modified or withdrawn. The hearing shall be commenced not later
than 10 days after the day on which the petition was filed; provided
that upon application of the petitioner the Business Administrator
may postpone the date of the hearing for a reasonable time beyond
such ten-day period, if in his/her judgment the petitioner has submitted
a good and sufficient reason for such postponement. After such hearing
the Business Administrator shall sustain, modify, or withdraw the
notice, depending upon his/her findings as to whether the provisions
of this section and of the rules and regulations adopted pursuant
thereto have been complied with. If the Business Administrator sustains
or modifies such notice, it shall be deemed to be 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 Business Administrator within 10 days after such notice is served.
The proceedings at such hearing, including the findings and decision
of the Business Administrator shall be summarized, reduced to writing,
and entered as a matter of public record in the office of the Business
Administrator. Such record shall also include a copy of every notice
or order issued in connection with the matter. Any person aggrieved
by the decision of the Business Administrator may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
the State. Whenever the Health Officer finds that an emergency exists
which requires immediate action to protect the public health, or safety,
he/she may, without notice or hearing, issue an order reciting the
existence of such an emergency and requiring that such action be taken
as he/she 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 Business Administrator shall be afforded
a hearing as soon as possible. After such hearing, depending upon
his/her findings as to whether the provisions of this section and
of the rules and regulations adopted pursuant thereto have been complied
with, the Business Administrator shall continue such order in effect,
or modify it, or revoke it.
d.
Rules and Regulations for Enforcement. The Health Officer is hereby
authorized and empowered to exercise such powers as may be necessary
or convenient to carry out and effectuate the purposes and provisions
of this Housing Code including the following in addition to others
herein granted, to make and adopt such written rules and regulations
as he/she may deem necessary, and the Township Committee approves
by resolution, for the proper enforcement of the provisions of this
Housing Code; provided, however, that such rules and regulations shall
not be in conflict with the provisions of this Housing Code, nor in
anywise alter, amend or supersede any of the provisions thereof. The
Health Officer shall file a certified copy of all such rules and regulations
in his/her office and in the office of the Township Clerk.
[Ord. No. 21-75 § 7]
The provisions of this section shall constitute the standards
to guide the Health Officer or his/her agents in determining the fitness
of a building for human habitation, use or occupancy.
a.
ADMINISTRATIVE AUTHORITY
BUILDING
DWELLING
RENTED DWELLING UNIT
GARBAGE
HABITABLE ROOM
INFESTATIONS
LODGING HOUSE
LODGING UNIT
OCCUPANT
OFFICER
OWNER
PERSON
PLUMBING FIXTURES
RUBBISH
UTILITIES
Definitions. The words, terms or phrases listed below for the purpose
of this Housing Code shall be defined and interpreted as follows:
Shall mean the Department branch or agency of this Township
which is authorized by the adopting ordinance to administer the provisions
of this Housing Code.
Shall mean any building or structure, or part thereof, used
for human habitation, use or occupancy and includes any accessory
buildings and appurtenances belonging thereat or usually enjoyed therewith.
Shall mean a building or structure or part thereof containing
one or more rented dwelling units or lodging units.
Shall mean any room or group of rooms or any part thereof
located within a building and forming a single habitable unit with
facilities which are used, or designed to be used, for living, sleeping,
cooking and eating.
Shall mean the animal and vegetable and other organic waste
resulting from the handling, preparation, cooking and consumption
of food.
Shall mean a room or enclosed floor space within a rented
dwelling unit used or designed to be used for living, sleeping, cooking
or eating purposes, excluding basement recreation rooms, bathrooms,
water closet compartments, laundries, pantries, foyers or communicating
corridors, closets and storage spaces.
Shall mean the presence, within or around a building, of
any insects, rodents or other pests.
Shall mean any building, or that part of any building containing
one or more lodging units, each of which is rented by one or more
persons not related to the owner.
Shall mean a rented room or group of rooms, containing no
cooking facilities, used for living purposes by a separate family
or group of persons living together or by a person living alone, within
a building.
Shall mean any person or persons in actual possession of,
and living in the building or rented dwelling unit, including the
owner.
Shall mean the officer or officers who are authorized by
this section to exercise powers prescribed by this Housing Code.
Shall mean any person properly authorized to exercise the
powers of, or for, an owner of property for purposes of its purchase,
sale, occupancy or maintenance.
Shall be given the same meaning as defined in N.J.S.A. 1:1-2.
Shall mean and include all installed receptacles or devices
which are supplied with water or which receive or discharge liquid
waste or sewage into the drainage system with which they are directly
or indirectly connected.
Shall mean and include all combustible and noncombustible
waste material, except garbage.
Shall mean and include electric, gas, heating, water and
sewerage services, and equipment therefor.
b.
Water Supply.
1.
Every rented dwelling unit and lodging house shall be provided with
a safe supply of potable water meeting the standards as set forth
in "Potable Water Standards" as published by the New Jersey State
Department of Health.
2.
The source of such water supply shall be approved by the New Jersey
State Department of Health and/or the Township Board of Health.
3.
The minimum rate of flow of hot or cold water issuing from a faucet
or fixture shall be not less than one gallon per minute.
c.
Facilities.
1.
Every rented dwelling unit shall contain a kitchen sink of nonabsorbent
impervious material, at least one flush-type water closet, a lavatory,
and a bathtub or shower, available only for the use of the occupants
of that dwelling unit.
2.
Every lodging house shall be provided with a minimum of one flush-type
water closet, lavatory, and a bathtub or shower for every eight persons
or part thereof.
3.
Every water closet, lavatory, and bathtub or shower for each rented
dwelling unit or lodging house shall be accessible from within the
building without passing through any part of any other rented dwelling
unit or lodging unit and in a lodging house shall be located no farther
than one floor above or below the lodging units served. Such water
closet, lavatory and bathtub or shower shall be contained in a room
or rooms which are separated from all other rooms by walls or doors
that afford privacy.
4.
Every plumbing fixture shall be connected to water and sewer systems
approved by the Board of Health, and shall be maintained in good working
condition.
5.
Every kitchen sink, lavatory, and bathtub or shower required by this
Housing Code shall be connected to both hot and cold water lines.
6.
Every rented dwelling shall have water heating facilities which are
installed and maintained in good and safe working condition, connected
with the hot water lines required under the provisions of paragraph
c5 (above) of this Housing Code and capable of delivering water at
a minimum temperature of not less than 120° Fahrenheit.
d.
Garbage and Rubbish Storage and Disposal.
1.
Garbage or other organic waste shall be stored in watertight receptacles
of metal or other approved material. Such receptacles shall be provided
with tight-fitting covers. Adequate garbage receptacles shall be provided
for each rented dwelling unit, in accordance with paragraph k9 of
this subsection.
2.
Rubbish shall be stored in receptacles of metal or other approved
material. Adequate rubbish receptacles shall be provided for each
rental unit in accordance with paragraph k9 of this subsection.
e.
Lighting.
1.
Every rented habitable room shall have at least one window or skylight
facing directly to the outdoors. The minimum total window or skylight
area measured between stops, for every rented habitable room shall
be 10% of the floor area of such room. Whenever walls or other portions
of structures face a window of any rented habitable room and are located
less than three feet from the window and extend to a level above that
of the ceiling of the room, such a window shall not be included in
calculating the required minimum total window area.
2.
Every rented dwelling shall be provided with an electric service.
3.
Every rented habitable room shall contain at least two separate wall
type electric convenience outlets, or one such convenience outlet
and one ceiling or wall type electric light fixture. Every such outlet
and fixture shall be maintained in good and safe condition, and shall
be connected to the source of electric power. No temporary wiring
shall be used except extension cords which run directly from portable
electrical fixtures to convenience outlets, and which do not lie under
rugs or other floor coverings, nor extend through doorways, transoms,
or other openings through structural elements.
4.
Every portion of each staircase (other than an exterior cellar staircase)
hall, cellar, basement, landing, furnace room, utility room, and all
similar uninhabitable space located in a rented dwelling shall have
either natural or artificial light available at all times, with an
illumination of at least two lumens per square foot (2 footcandles)
in the darkest portions.
5.
Every portion of any interior or exterior passageway or staircase
common to two or more families in a rented dwelling shall be illuminated
naturally or artificially at all times with an illumination of at
least two lumens per square foot (2 footcandles) in the darkest portion
of the normally traveled stairs and passageways. In rented dwellings
comprising two dwelling units, such illumination shall not be required
at all times if separate switches, convenient and readily accessible
to each dwelling unit, are provided for the control of such artificial
light by the occupants thereof.
6.
Every bathroom and water closet compartment shall have either natural
or artificial light available at all times with an illumination of
at least two lumens per square foot (2 footcandles). Such light shall
be measured 36 inches from the floor of the center of the room. Artificial
lighting shall be controlled by a wall switch so located as to avoid
danger of electrical hazards.
f.
Ventilation.
1.
Means of ventilation shall be provided for every rented habitable
room. Such ventilation may be provided either by an easily operable
window or skylight having an openable area of at least 45% of the
minimum window area or minimum skylight area as required in paragraph
e1 of this subsection, or by other means acceptable to the Administrative
Authority, which will provide at least two air changes per hour.
2.
Means of ventilation shall be provided for every rented basement
recreation room, bathroom and water closet compartment. Such ventilation
may be provided either by an easily operable window or skylight having
an openable area of at least 45% of the minimum window area or minimum
skylight area as required in paragraph f1 of this subsection, which
will provide at least six air changes per hour, or by other means
acceptable to the Administrative Authority.
g.
Heating Equipment.
1.
Every rented dwelling shall have heating facilities which are properly
installed, maintained in good and safe working condition, and are
capable of safely and adequately heating all habitable rooms, bathrooms
and water closet compartments located and in use therein to a temperature
of at least 68° Fahrenheit when the outside temperature is 0°
Fahrenheit. The temperature shall be read at a height of three feet
above floor level at the center of the room.
2.
Every space heater and water heater, except electrical, shall be
properly vented to a chimney or duct leading to the outdoors. Portable
space heaters, except electrical, shall be prohibited.
h.
Egress.
1.
Every rented dwelling, or rented dwelling unit, or lodging unit shall
have safe and unobstructed means of egress. Such means of egress shall
not be through any other dwelling unit or part thereof and shall lead
to a safe and open space at ground level accessible to a street.
2.
A rented room used for sleeping purposes under the provisions of
paragraph j5 of this subsection shall be provided with a safe and
unobstructed means of egress leading directly to an outside area accessible
to a street.
i.
Maintenance.
1.
Every foundation, floor, wall, ceiling, door, window, roof, or other
part of a rented building shall be kept in good repair and capable
of the use intended by its design, and any exterior part or parts
thereof subject to corrosion or deterioration shall be kept well painted
or otherwise provided with a protective treatment sufficient to prevent
deterioration.
2.
Every inside and outside stairway, every porch, and every appurtenance
thereto shall be so constructed as to be safe to use and capable of
supporting the load that normal use may cause to be placed thereon,
and shall be kept in sound condition and good repair. In a rented
dwelling containing lodging units or more than one dwelling unit,
every stairway having three or more steps shall be properly bannistered
and safely balustraded.
3.
In a rented building containing lodging units or more than one dwelling
unit, every porch, balcony, roof and/or similar place higher than
30 inches above the ground, used for egress or for use by occupants,
shall be provided with adequate railings or parapets. Such protective
railings or parapets shall be properly balustraded and be not less
than three feet in height.
4.
Every roof, wall, window, exterior door and hatchway shall be free
from holes or leaks that would permit the entrance of water within
a dwelling or be a cause of dampness.
5.
Every foundation, floor, and wall of a rented dwelling shall be maintained
so as to prevent the collection of water.
6.
Every rented dwelling shall be free from rodents, vermin and insects.
Rodent or vermin extermination and rodent-proofing and vermin-proofing
may be required by the Board of Health. Rodent and vermin extermination
shall be carried out in accordance with paragraph k11 of this subsection.
Every openable window, exterior door, skylight, and other opening
to the outdoors, which is used for ventilation, shall be supplied
with properly fitting screens in good repair from May 1 until October
1 of each year. Such screen shall have a mesh of not less than No.
16.
7.
Every rented building, rented dwelling, rented dwelling unit and
all other areas of the premises shall be clean and free from garbage
or rubbish and hazards to safety. Lawns, hedges and shrubbery shall
be kept trimmed and shall not be permitted to become overgrown and
unsightly. Fences shall be kept in good repair.
8.
The Officer may order the owner to clean, repair, paint, whitewash,
or paper such walls, floors or ceilings, when a wall, floor or ceiling
within a rented dwelling has deteriorated so as to provide a harborage
for rodents or vermin, or the plaster, wallboard, or other covering
has become loose or badly cracked or missing. Nothing in this subsection
shall be so construed as to place upon the nonresident owner responsibilities
for cleanliness contained in paragraph k6 of this subsection.
9.
Every water closet compartment floor and bathroom floor shall be
so constructed and maintained as to be reasonably impervious to water
so as to permit such floor to be kept in a clean condition.
10.
No temporary painting scaffold or other temporary equipment used
for construction shall be permitted to remain in place beyond the
period of three months without permission of the Administrative Authority.
j.
Use and Occupancy of Space.
1.
Every rented dwelling unit shall contain at least 150 square feet
of floor space for the first occupant thereof and at least 100 additional
square feet of floor space for every additional occupant thereof,
the floor space to be calculated on the basis of total habitable room
area.
2.
In every rented dwelling unit of two or more rooms, every room occupied
for sleeping purposes by one occupant shall contain at least 70 square
feet of floor space, and every room occupied for sleeping purposes
by more than one occupant shall contain at least 50 square feet of
floor space for each occupant thereof. Notwithstanding the foregoing,
in every lodging unit, every room occupied for sleeping purposes by
one occupant shall contain at least 80 square feet of floor space,
and every room occupied for sleeping purposes by more than one occupant
shall contain at least 60)square feet of floor space for each occupant
thereof.
3.
At least 1/2 of the floor area of every habitable room shall have
a ceiling height of at least seven feet. The floor area of that part
of any room where the ceiling is less than five feet shall not be
considered as part of the floor area in computing the total floor
area of the room for the purpose of determining the maximum permissible
occupancy thereof.
4.
No room in a rented dwelling may be used for sleeping if the floor
level of the room is lower than 3 1/2 feet below the average
grade of the ground adjacent to and within 15 feet of the exterior
walls of the room.
5.
A rented room located below the level of the ground but with the
floor level less than 3 1/2 feet below the average grade of the
ground adjacent to and within 15 feet of the exterior walls of the
room may be used for sleeping provided that the walls and floor thereof
in contact with the earth have been damp-proofed in accordance with
a method approved by the Administrative Authority; and provided that
the windows thereof are at least 15 feet from the nearest building
or wall.
k.
Responsibilities of Owners and Occupants.
1.
No owner or occupant shall cause any services, facilities, equipment
or utilities which are required under this Housing Code to be removed
from, shut off, or discontinued in any occupied rented dwelling let
or occupied by him/her except for such temporary interruption as may
be necessary while actual repairs or alterations are in process or
during temporary emergencies when discontinuance of service is authorized
by the Officer. In the event that any service or utility, which the
owner has agreed to supply, is discontinued, the owner shall take
immediate steps to cause the prompt restoration of such service or
utility.
2.
The owner of a rented dwelling located in an area found by the Officer
to be infested by rats, insects, or other vermin shall carry out such
rat stoppage, vermin-proofing or other means of preventing infestations
of the rented dwellings as may be required by the Board of Health.
3.
No owner shall let to an occupant any vacant dwelling unit or lodging
unit unless it is clean and sanitary.
4.
Every owner of a rented dwelling containing two or more dwelling
units or lodging units shall be responsible for maintaining in a clean
and sanitary condition the common areas of the dwellings and premises
thereof.
5.
It shall be the responsibility of the owner, unless otherwise provided
for under lease agreement, to provide for the orderly maintenance
of the premises. The storage of objects or materials not covered in
paragraphs k7 and k8 of this subsection, or not otherwise prohibited
by municipal ordinance shall be done in an orderly manner so as not
to constitute a health, safety, or fire hazard.
6.
Every occupant of a rented dwelling shall keep in a clean and sanitary
condition that part of the dwelling which he/she occupies and controls.
7.
Every occupant of a rented dwelling unit shall as required by paragraph
d of this subsection, dispose of all his/her garbage and any other
organic waste which might provide food for rodents.
8.
Every occupant of a rented dwelling unit shall dispose of all of
his/her rubbish in a clean, sanitary manner as required by paragraph
d of this subsection.
9.
In rented dwellings containing no more than three dwelling units,
it shall be the responsibility of the occupant of each dwelling unit
to furnish such receptacles outside the rented dwelling unit as are
needed for the storage of garbage and rubbish until removed from the
premises. In lodging houses and in rented dwellings containing four
or more dwelling units, it shall be the responsibility of the owner
to furnish such receptacles outside the lodging units or dwelling
units as are needed for the storage of garbage and rubbish until removed
from the premises.
10.
Every occupant of a rented dwelling unit in a dwelling containing
no more than three dwelling units shall be responsible, unless provided
for otherwise under a lease agreement, for the periodic removal of
all garbage and rubbish from the premises in accordance with such
regulations of this Township for the collection of garbage and rubbish.
11.
Every occupant of a rented dwelling comprising a single dwelling
unit shall be responsible for the extermination of any insects, rodents
or other pests therein or on the premises and every occupant of a
rented dwelling unit in a rented dwelling containing more than one
dwelling unit shall be responsible for such extermination whenever
his/her dwelling unit is the only one infested. Notwithstanding the
foregoing provisions of this paragraph, whenever infestation is caused
by failure of the owner to maintain a rental dwelling in a rat-proof
or reasonably insect-proof condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two or more of the rented
dwelling units in any rental dwelling or in the common parts of any
dwelling containing two or more rented dwelling units, extermination
thereof shall be the responsibility of the owner.
12.
Every occupant of a rented dwelling unit shall keep all plumbing
fixtures therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
13.
In rented dwellings containing two or more dwelling units having
a common source of heat for domestic hot water, it shall be the responsibility
of the owner to make provision for the proper operation of such facilities
at all times.
14.
Every owner of a rented dwelling, who permits to be occupied any
dwelling unit or lodging unit therein under any agreement, expressed
or implied, to supply or furnish heat to the occupants thereof, shall
supply heat adequate to maintain therein a minimum inside temperature
of 68° Fahrenheit in all habitable rooms, bathrooms and water
closet compartments between the hours of 6:00 a.m. and 11:00 p.m.
throughout the year.
15.
In the absence of a contract or agreement to the contrary, an owner
shall be obliged to provide heat wherever heating facilities are under
the control of the owner or whenever two or more dwelling units or
lodging units are heated by a common facility.
16.
The owner shall be responsible for compliance with all provisions
of this Housing Code not specified as the responsibility of occupants.
[Added 4-2-2024 by Ord. No. 2664-24]
[Added 4-2-2024 by Ord. No. 2664-24]
The following definitions shall apply to this section.
A real estate development or neighborhood in which the property
is burdened by servitudes requiring property owners to contribute
to maintenance of commonly held property or to pay dues or assessments
to an owners' association that provides services or facilities
to the community.
A sample collected by wiping a representative surface and
tested in accordance with a method approved by the United States Department
of Housing and Urban Development.
A person certified by the Department of Community Affairs
to perform lead inspection and risk assessment work pursuant to N.J.A.C.
5:17-1.1 et seq. This includes the ability to perform dust wipe sampling.
Any condition that causes exposure to lead from lead-contaminated
dust or lead-contaminated paint that is deteriorated or present in
surfaces that would result in adverse human health effects.
A certification which confirms that a lead-based paint inspection
was performed and that no lead-based paint exists in the dwelling
unit or that all lead-based paint hazards have been fully abated.
A certification which confirms that a lead-based paint inspection
was performed and no lead-based paint hazards were found. This certification
is valid for two years from the date of issuance.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
A person that is certified to perform a visual assessment.
[Added 4-2-2024 by Ord. No. 2664-24]
a.
A lead inspector for the Township of Millburn shall inspect every
single-family, two-family, and multiple rental dwelling located within
the Township of Millburn for lead-based paint hazards through visual
assessment and dust wipe sampling in accordance with N.J.S.A. 52:27D-437.16
et seq., as may be amended from time to time.
b.
The property owner or landlord may, in lieu of having the dwelling
inspected by the Township's lead inspector, directly hire a private
lead inspector who is certified to provide lead paint inspection services
by the Department of Community Affairs to perform the lead-based paint
inspection in accordance with N.J.S.A. 52:27D-437.16 et seq., as may
be amended from time to time.
c.
In accordance with N.J.S.A. 52:27D-437.16(c), 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 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;
(See N.J.S.A. 55:13A-l et seq.)
4.
Is a single-family or two-family seasonal rental dwelling which is
rented for less than six months duration each year by tenants that
do not have consecutive lease renewals; or
5.
Has a valid lead-safe certification.
d.
If lead-based paint hazards are identified, then the owner of the
dwelling shall remediate the hazards through abatement or lead-based
paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d).
Upon the remediation of the lead-based paint hazard, the Township's
lead inspector or visual assessor, as may be applicable, or the owner's
private lead inspector, shall conduct an additional inspection of
the unit to certify that the hazard no longer exists.
e.
If no lead-based paint hazards are identified, then the Township's
lead inspector or the owner's private lead inspector shall certify
the dwelling as lead safe on a form prescribed by the Department of
Community Affairs, which shall be valid for two years.
f.
In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall:
1.
Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the Township of Millburn at the time of
the cyclical inspection.
2.
Provide evidence of a valid lead-safe certification to new tenants
of the property at the time of tenant turnover and shall affix a copy
of such certification as an exhibit to the tenant's or tenants'
lease.
3.
Maintain a record of the lead-safe certification which shall include
the name or names of the unit's tenant or tenants if the inspection
was conducted during a period of tenancy.
g.
The fees for a lead-based paint inspection shall be as follows:
1.
The fee for a visual assessment by the Township of Millburn shall
be $250-$500 per unit as established by resolution or as prescribed
by the Township's chosen professional to perform such services.
2.
The fee for the filing of a lead-safe certification of lead-free
certification shall be $25.
3.
In a common interest community, any inspection fee charged shall
be the responsibility of the unit owner and not the homeowners'
association, unless the association is the owner of the unit.
4.
In accordance with N.J.S.A. 52:27D-43.176(h), an additional fee of
$20 per dwelling unit inspected by the Township's lead inspector
or the owner's private lead inspector shall be assessed for the
purposes of the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.1
et, seq.) unless the unit owner demonstrates that the Department of
Community Affairs has already assessed an additional inspection fee
of $20. The fees collected pursuant to this subsection shall be deposited
into the Lead Hazard Control Assistance Fund.
5.
The fee for reinspection or clearance shall be $295 per unit
[Added 4-2-2024 by Ord. No. 2664-24]
In accordance with N.J.S.A. 52:27D-437.19, the penalties for
a violation of subsection 9-12.3d and f shall be as follows:
a.
If a property owner has failed to conduct the required inspection
or initiate any remediation efforts, the owner shall be given 30 days
to cure the violation.
b.
If the property owner has not cured the violation after 30 days,
the property owner shall be subject to a penalty not to exceed $1,000
per week until the required inspection has been conducted or remediation
efforts have been initiated.
