[1991 Code § 149-1]
The section shall be known as the "Building and Construction
Ordinance."
[1991 Code § 149-2; Ord. No. 02-28 § (D)]
It is the intent and purpose of this section:
a. To establish a municipal enforcing agency pursuant to the State Uniform
Construction Code Act (N.J.S.A. 52:27D-119 et seq.) and to provide
procedures for the administration of the agency.
b. To ensure adequate construction and maintenance of buildings and
structures throughout the Township and to adequately protect the health,
safety and welfare of the people.
c. To establish fees to be collected by the enforcing agency for certain
activities, including the issuance of a construction permit, certificate
of occupancy, demolition permit, moving of buildings, sign permits
and the like.
[1991 Code § 149-3]
Except as otherwise defined herein and unless the context clearly
indicates otherwise, whenever a term is used in this chapter which
is defined in the State Uniform Construction Code Act (N.J.S.A. 52:27D-119
et seq.), such term is intended to have the meaning as defined in
that Act. Any word or term not defined herein or in the Act shall
be considered to be as defined in standard usage.
[1991 Code § 149-4A]
a. There is hereby established a municipal enforcing agency within the
Township of Springfield for the administration and enforcement of
the State Uniform Construction Code Act, the code and any amendments
thereto, which agency shall be entitled the "Construction Bureau"
and which shall consist of the Construction Official and all subcode
officials and assistants thereto, and which shall be situated within
the Department of Engineering, Construction Services and Code Enforcement.
The Construction Bureau shall require compliance with the provisions
of the Code, overall rules lawfully adopted and promulgated thereunder
and the laws relating to the construction, alteration, repair, removal,
demolition and integral equipment and location, occupancy and maintenance
of buildings and structures, except as may be otherwise provided for.
[Amended 12-18-2018 by Ord. No. 2018-24]
b. The public shall have the right to do business with the Construction
Bureau at one office location, except for emergencies and unforeseen
or unavoidable circumstances.
[1991 Code § 149-4B; Ord. No. 02-28 § I(A); amended 12-18-2018 by Ord. No. 2018-24]
The Municipal Construction Official shall be appointed as set forth within the Township Code at Subsection
2-22.1. It shall be the duty and responsibility of the Construction Official to serve as the chief administrator of the Construction Bureau. The Construction Official shall establish, and may amend, office procedure for the Construction Bureau, to assure efficient and timely operation of that Bureau. The Construction Official shall further have the power to overrule a determination of any subcode official based on an interpretation of a substantive provision of the subcode which the subcode official administers, provided only that the Construction Official is qualified to act as a subcode official for such subcode. A subcode official or the Township Engineer may serve as Construction Official if otherwise qualified.
[Ord. No. 2009-06 § I]
The Township Committee shall appoint such subcode officials
as are necessary to administer each subcode adopted by the Commissioner
of the Department of Community Affairs pursuant to the State Uniform
Construction Code Act as amended, including but not necessarily limited
to a building code, a plumbing code, an electrical code, an energy
code, a fire prevention code, a mobile home code and a mechanical
code. A subcode official so appointed shall serve for a term of four
years, during which time such person shall administer the subcode
for which such person is appointed. Nothing contained herein shall
prevent the Township from accepting inspections as to compliance with
the code or any subcode thereof made by an on-site inspection authority,
including private inspection agencies approved by the State of New
Jersey, pursuant to law.
[1991 Code § 149-4C; Ord. No. 02-28 § I(A); Ord. No. 2009-06 § I]
As to their respective subcodes, each subcode official shall
pass on:
a. Matters relative to the mode, manner of construction or material
to be used in the erection or alteration of buildings or structures,
except as to any such matter foreclosed by State approval pursuant
to the State Uniform Construction Code Act as amended; and
b. Actual execution of the approved plans and the installation of the
materials approved by the State.
[1991 Code § 149-5]
The Construction Official and each subcode official shall be
qualified for such position pursuant to the State Uniform Construction
Code Act, N.J.S.A. 52:27D-119 et seq., as amended, and N.J.A.C. 5:23.
More than one such official position may be held by the same person,
provided that such person is qualified to hold each such position.
[1991 Code § 149-6; amended 5-22-2018 by Ord. No. 2018-09]
a. Except as otherwise provided by the State Uniform Construction Code
Act or by the code, before construction, alteration, demolition, or
removal of any building or structure, the owner or his agent, engineer
or architect shall submit an application for a construction permit
in writing, including signed and sealed drawings and specifications,
to the Construction Bureau. The application shall be in accordance
with regulations established by the Commissioner of the Department
of Community Affairs and on a form prescribed by the Commissioner,
accompanied by payment of a fee as established by ordinance. The application
for a construction permit shall be filed with the Construction Bureau
and shall be a public record, and no application for a construction
permit shall be removed from the custody of the Construction Bureau
after a construction permit has been issued.
b. The Construction Bureau shall examine each application for a construction permit. If the application conforms to the State Uniform Construction Code Act, the Code and the requirements of other applicable laws and ordinances, the Construction Bureau shall approve the application and shall issue a construction permit to the applicant. Every application for a construction permit shall be granted, in whole or in part, or denied within 20 business days. If an application is denied in whole or in part, the Construction Bureau shall set forth the reasons therefor in writing. If the Construction Bureau fails to grant, in whole or in part, or deny an application for a construction permit within the period of time prescribed herein, such failure shall be deemed a denial of the application for purposes of an appeal to the Construction Board of Appeals, unless such period of time has been extended with the consent of the applicant. The Construction Board may approve changes in plans and specifications when such changes remain in conformity with law. Except as otherwise provided in the State Uniform Construction Code Act or the code, the construction, alteration, demolition, or removal of a building or structure shall not be commenced until a construction permit has been issued. The construction, alteration, demolition, or removal of a building or structure shall be in compliance with the approved application for a construction permit, and the Construction Bureau shall ensure such compliance in the manner set forth in Subsection
12-1.10.
c. Prior to the issuance of a construction permit authorizing the demolition
or removal of any building or structure, the permit applicant, where
applicable, must provide the following to the Construction Official;
1. Certification from an accredited environmental agency attesting to
the status of any asbestos presence;
2. Proof that asbestos will be or has been abated;
3. Proof, consistent with the requirements of the New Jersey Department
of Environmental Protection, confirming the removal and/or closure
of any underground oil tanks on the premises.
4. Certification of pest control treatment by a certified, licensed
exterminator 10 days prior to demolition;
5. Proof of fourteen-day notice to all abutting and adjoining property
owners prior to demolition commencement. Notice to all abutting and
adjoining property must be made by regular and certified mail;
6. Releases from all utilities that provided service to the property
(including but not limited to gas, water, electric and sewer), confirming
the disconnection of each such service, and stating that their respective
service connections and appurtenant equipment, such as meters and
regulators, have been removed or sealed or plugged in a safe manner;
7. In the event of an abandoned well on the property, or a well to be
abandoned in conjunction with the proposed demolition, a certification
must be obtained from a well driller licensed by the New Jersey Department
of Environmental Protection indicating that the well has been sealed
in accordance with N.J.A.C. 7:9-9; and
8. Plumbing permit for the capping of the sewer and water line, and
inspection of the capping to confirm it was capped in a safe manner.
d. A construction permit issued in accordance with the foregoing provisions,
pursuant to which no construction, alteration, demolition, or removal
activity for a building or structure has been undertaken above the
foundation walls within one year from the time of the issuance, shall
expire. The Construction Bureau may suspend, revoke or cancel a construction
permit in case of neglect or failure to comply with the provisions
of the State Uniform Construction Code Act or the code or upon a finding
by it that a false statement or representation has been made in the
application for the construction permit.
e. Maintenance of sites under construction or renovation.
[Added 7-17-2018 by Ord.
No. 2018-12]
1. Definitions. As used in this section:
COMMENCEMENT OF WORK
Any activity by the contractor, owner, or agent of either,
that begins the process of construction, renovation, demolition or
excavation, which includes but is not limited to, the use or storage
of construction, renovation, demolition or excavation machinery and
supplies on the construction/renovation site.
CONSTRUCTION/RENOVATION SITE
The real property identified in a building permit issued
by the Township Construction Official; or the real property identified
in the demolition permit; or, in the event no such building or demolition
permit has been issued, a property that received site plan approval
by any of the Township Land Use Boards; or the property identified
on the tax map of the Township where demolition, excavation, construction
or renovation activity is occurring.
CONTRACTOR
The person or entity identified on the building permit issued
by the Township Construction Official as the contractor.
DEMOLITION
The act of demolishing, throwing or pulling down, destroying
or razing, pulling to pieces all or part of a structure or ground
surface.
EXCAVATION
The digging, storage and/or removal of soil or other material
forming the surface grade of a construction/renovation site so as
to leave a hole and/or cavity in, or mounding upon, the surface grade.
OWNER
The person or entity vested with the legal title to the construction/renovation
site as recorded with the Township Tax Assessor.
2. Securing the construction/renovation site.
(a)
It shall be the responsibility of the contractor working a construction/renovation
site or the owner of a construction/renovation site to secure the
construction/renovation site with a lockable fence to protect the
health and safety of the public. The Township Engineer or the Construction
Official, in the reasonable exercise of their discretion, shall determine
the type of fence as to material, height, location, type, fence locking
mechanism, and the type of machinery that requires fencing and the
size of the hole, cavity or mound that requires fencing so as to protect
the health and safety of the public. The fence shall be installed
prior to the commencement of work and shall remain and be maintained
on the construction/renovation site until there is no longer a hole,
cavity or mound, until there is no machinery or until a structure
is closed, whichever is later. For subdivisions and new single-family
construction, it shall be the responsibility of the contractor/owner
to install a fence around the entire perimeter of the construction
area. Fencing is to remain closed/locked/secured when no personnel
are at the construction site or no construction activities are taking
place.
Amended 3-10-2020 by Ord. No. 2020-06]
(b)
Fences shall be constructed and erected according to trade standards
and of adequate strength to resist wind pressures, and for purposes
of preventing unauthorized entry. Fences shall not be constructed
of barbed wire, razor ribbon, metal spikes, electrified materials
or other dangerous materials. Affixed to the fence shall be two signs:
the first sign shall read "NO TRESPASSING," and the second sign shall
read "DANGER."
(c)
The construction/renovation site must be closed, and fence locked,
as set forth in this subsection at the end of each work day and whenever
the construction/renovation site is not attended to by either the
owner or contractor.
(d)
Fences shall not block or prohibit access to fire hydrants or
fire department suppression system/standpipe system connections.
(e)
Fences erected on construction/renovation sites pursuant to this Subsection
12-1.9d shall be considered temporary fences; and nothing within this Subsection
12-1.9d shall be construed to replace, amend or supersede the provisions of the Township's Land Use Code at Chapter XXXV, Subsection
35-22 (Fences and Sight Triangles).
(f)
Fences shall not be permitted within municipal, county or state
rights-of-way, nor shall fences obstruct public sidewalks. If right-of-way
or sidewalk encroachment is deemed necessary, for critical operations,
the Construction Official or Township Engineer may issue written permission
authorizing such encroachment for a limited and specified period of
time. The duration of this authorization may be reevaluated and modified
by the Construction Official or Township Engineer based upon current
site conditions and other factors.
[Added 3-10-2020 by Ord. No. 2020-06
(g)
Any fence which creates an unsafe condition shall constitute a violation pursuant to this Subsection
12-1.9e2.
[Added 3-10-2020 by Ord. No. 2020-06
(h)
All approvals of necessary construction fencing shall be effective
for a specified duration, which shall be identified in the applicable
building permit. The duration of such approval shall be subject to
reevaluation and modification by the Construction Official or Township
Engineer based upon current site conditions and other factors.
[Added 3-10-2020 by Ord. No. 2020-06
3. Portable toilets. In accordance with the National Standard Plumbing
Code 311.1 of the State of New Jersey, toilet facilities shall be
provided at all construction/renovation sites for workers, and such
facilities shall be maintained in a sanitary condition. In the event
toilet facilities are not available, a portable toilet must be provided
by the owner or contractor for the property. Construction worker toilet
facilities of the non-sewer type shall conform to ANSI Z4.3.
4. Vehicles tracking dirt and other materials onto the roadway. It shall
be unlawful for an owner or contractor at a construction/renovation
site or unpaved site to permit, allow or cause any vehicle to track,
deposit or allow to fall dirt, mud or other materials onto any road
located within the Township of Springfield. The owner of the property
and contractor shall be responsible for installing and maintaining
truck stone pads or other effective means or devices to prevent dirt,
mud and other materials from leaving the property, and shall be responsible
for cleaning from the road any mud, dirt or other material that has
been tracked, deposited or allowed to fall upon a road located in
the Township.
5. Penalties.
(a)
Any violation of the provisions of this subsection shall result
in an oral notification and followed up with written notice of the
violation to the owner and contractor of the construction/renovation
site.
(1)
First violation - The contractor and owner shall be provided
with oral and written notice of the violation(s), which shall include
a deadline to correct the violation(s). If the violation(s) are not
cured by the prescribed deadline, a summons shall be issued for $250
per day for every day the violation remains uncured.
[Amended 3-10-2020 by Ord. No. 2020-06]
(2)
Second violation - immediate issuance of a $500-per-day summons
for every day the violation remains uncured.
(3)
Third violation - immediate issuance of a $750-per-day summons
for every day the violation remains uncured.
(4)
Fourth and subsequent violations - immediate issuance of a $1,000-per-day
summons for every day the violation remains uncured.
(5)
If any of the violations are not cured within 72 hours of notification,
a stop-work order shall be issued until all violations are cured.
(b)
The owner of any construction/renovation site and any contractor
operating, engaged to operate or otherwise working at the construction/renovation
site shall be jointly and severally liable for any violation of the
provisions of this subsection.
6. Enforcement.
(a)
This subsection shall be enforced for all new construction permits
and for all sites that have an open construction permit at the time
of the effective date of its adoption. After enactment, existing sites
will have 10 days to comply with the terms of this subsection after
written notification to the owner or contractor by the Construction
Official or Township Engineer.
(b)
The provisions of this Subsection
12-1.9d may be enforced by the Township Engineer, Construction Official, Code Enforcement Officer, Zoning Officer or a police officer of the Township of Springfield.
[1991 Code § 149-7; Ord. No. 02-28 § I(A)]
a. The Construction Bureau shall periodically inspect all construction
undertaken pursuant to a construction permit issued by it to ensure
that the construction or alteration is performed in accordance with
the conditions of the construction permit and consistent with the
requirements of the code and all applicable municipal ordinances.
b. The owner of any premises upon which a building or structure is being
constructed shall be deemed to have consented to the inspection by
the Construction Bureau of the entire premises and of any and all
construction being performed on it until a certificate of occupancy
has been issued. An inspector or team of inspectors, on presentation
of proper credentials, shall have the right to enter and inspect such
premises and any and all construction thereon for the purposes of
ensuring compliance with the provisions of the applicable construction
permit, the code and other applicable laws and regulations. All inspections
shall be between the hours of 9:00 a.m. and 5:00 p.m. on business
days or when construction is actually being undertaken; provided,
however, that inspections may be conducted at other times if the Construction
Bureau has reasonable cause to believe that an immediate danger to
life, limb or property exists or if permission is given by an owner
or the owner's agent, architect, engineer or builder. No person shall
accompany an inspector or team of inspectors on any inspection unless
such person's presence is necessary for the enforcement of the State
Uniform Construction Code Act, the code or this chapter or unless
consent is given by an owner or the owner's agent, architect, engineer
or builder.
c. If the construction of a structure or building is being undertaken
contrary to the provisions of a construction permit, the State Uniform
Construction Code Act, the code or other applicable laws or ordinances,
the Construction Bureau may issue a stop-construction order in writing,
which shall state the conditions upon which construction may be resumed
and which shall be given to the owner or the holder of the construction
permit or to the person performing the construction. If the person
doing the construction is not known or cannot be located with reasonable
effort, the notice may be delivered to the person in charge of or
apparently in charge of the construction. No person shall continue
or cause or allow to be continued the construction of a building or
structure in violation of a stop-construction order except with the
permission of the Construction Bureau to abate a dangerous condition
or remove a violation or except by court order. If an order to stop
construction is not obeyed, the Construction Bureau may apply to the
appropriate court, as otherwise established by law, for an order enjoining
the violation of the stop-construction order. The remedy for violation
of such an order provided in this subsection shall be in addition
to and not in limitation of any other remedies provided by law or
ordinance.
[1991 Code § 149-8]
No building or structure hereafter constructed shall be used
or occupied in whole or in part until a certificate of occupancy shall
have been issued by the Construction Bureau. No building or structure
hereafter altered in whole or in part shall be used or occupied until
such a certificate has been issued, except that any use or occupancy
in an already existing building or structure that was not discontinued
during its alteration may be continued in the preexisting structure
for 30 days after the completion of the alteration without the issuance
of a certificate of occupancy. A certificate of occupancy shall be
issued by the Construction Bureau when all of the work covered by
a construction permit shall have been completed in accordance with
the permit, the code and other applicable laws and ordinances. On
request of a holder of a construction permit, the Construction Bureau
may issue a temporary certificate of occupancy for a building or structure
or part thereof before the entire work covered by the construction
permit has been completed if the part or parts of the building or
structure to be covered by the certificate may be occupied prior to
the completion of all work in accordance with the permit, the code
and all other applicable laws and ordinances without endangering the
health and safety of the occupants or users. When a building or structure
is entitled thereto, the Construction Bureau shall issue a certificate
of occupancy within 10 business days after receipt of a written application
therefor in accordance with regulations established by the Commissioner,
on a form prescribed by the Commissioner, accompanied by payment of
a fee. The certificate of occupancy shall certify that the building
or structure has been constructed in accordance with the provisions
of the construction permit, the code and other applicable laws and
ordinances.
[Ord. No. 2004-10 § 1]
Pursuant hereto N.J.A.C. 5:70-2.3, of the New Jersey Uniform
Fire Code, as amended shall be incorporated herein. Before any structure
subject thereto is sold, leased, or otherwise made subject to a change
of occupancy for residential purposes, the owner thereof shall obtain
a certificate of continued occupancy, which shall only be issued upon
compliance with the requirements for a certificate of smoke detector
and carbon monoxide alarm compliance as set forth therein. The fee
for such inspection and certificate shall be as hereafter set forth.
All inspections hereunder shall be performed by the inspector responsible
for enforcement of the Uniform Fire Code, within the Township.
[Ord. No. 2005-27 § 1]
As concerns any commercial, industrial or other nonresidential building for which no current certificate of occupancy has been issued pursuant to this chapter, no person shall occupy or use any portion of such building, after such building or portion thereof has been sold, leased, or otherwise made subject to a change of occupancy, use or ownership, until the owner thereof shall apply for and obtain a commercial certificate of continued occupancy from the Construction Bureau, pursuant to the terms of this chapter. Such certificate shall only be issued upon inspection and a finding that the building or portion thereof complies with all provisions of this Code, and all other applicable laws. A temporary certificate may be issued as provided in Subsection
12-1.11, hereof. The fee for such inspection and certificate shall be as hereafter set forth.
[1991 Code § 149-14; Ord. No. 93-28; Ord. No. 96-4; Ord. No. 2000-19 § 1; Ord. No. 2009-10 § I; Ord. No. 2011-24; Ord.
No. 2012-06; Ord. No. 2012-11]
a. Construction
fees:
[Amended 3-8-2016 by Ord. No. 2016-03]
1.
|
New Construction and Additions:
|
|
|
(a)
|
Minimum Fee
|
$50
|
|
(b)
|
Use Groups: B, H, I-1, 2, 4, M, E, R, 1, 2, 3, 4, 5, U (per
cubic foot)
|
$0.038
|
|
|
(1)
|
Up to $50,000
|
$34 per $1,000
|
|
|
(2)
|
$50,000.01 to $100,000
|
$26 per $1,000
|
|
|
(3)
|
Over $100,000
|
$32 per $1,000
|
|
(c)
|
Use Groups: A-1, 2, 3, 4, 5, F-1, 2 S-1, 2 (per cubic foot)
|
$0.021
|
|
|
(1)
|
Up to $50,000
|
$34 per $1,000
|
|
|
(2)
|
$50,000.01 to $100,000
|
$26 per $1,000
|
|
|
(3)
|
Over $100,000
|
$22 per $1,000
|
|
(d)
|
Deck or Balcony (all use groups):
|
|
|
|
(1)
|
Up to $50,000
|
$34 per $1,000
|
|
|
(2)
|
$50,000.01 to $100,000
|
$26 per $1,000
|
|
|
(3)
|
Over $100,000
|
$22 per $1,000
|
|
(e)
|
Fence (all use groups):
|
|
|
|
(1)
|
Up to $50,000
|
$30 per $1,000
|
|
|
(2)
|
$50,000.01 to $100,000
|
$23 per $1,000
|
|
|
(3)
|
Over $100,000
|
$19 per $1,000
|
|
(f)
|
Signs (all use groups)
|
$65
|
|
(g)
|
Pylon:
|
|
|
|
(1)
|
Up to 100 square feet
|
$6 per square foot
|
|
|
(2)
|
101 to 400 square feet
|
$4.75 per square foot
|
|
|
(3)
|
Over 400 square feet
|
$3.50 per square foot
|
|
(h)
|
Wall or Ground:
|
|
|
|
(1)
|
Up to 100 square feet
|
$3 per square foot
|
|
|
(2)
|
101 to 400 square feet
|
$2.10 per square foot
|
|
|
(3)
|
Over 400 square feet
|
$1.40 per square foot
|
|
(i)
|
Pool: In-ground (all use groups):
|
|
|
|
(1)
|
Less than or equal to 550 square feet
|
$106
|
|
|
(2)
|
Greater than 550 square feet
|
$210
|
|
(j)
|
Pool: Aboveground (all use groups):
|
|
|
|
(1)
|
Less than or equal to 550 square feet
|
$70
|
|
|
(2)
|
Greater than 550 square feet
|
$140
|
|
(k)
|
Temporary Structures (all use groups)
|
$129
|
|
(l)
|
Open Structural Towers:
|
|
|
|
(1)
|
Up to $50,000
|
$34 per $1,000
|
|
|
(2)
|
$50,000.01 to $100,000
|
$26 per $1,000
|
|
|
(3)
|
Over $100,000
|
$22 per $1,000
|
2.
|
Rehabilitation:
|
|
|
(a)
|
Minimum Fee
|
$50
|
|
(b)
|
Use Groups: B-E-H-1, 2, 3, 4, 5, I-1, 2, 3, 4, M, R-1, 2, 4,
U, C, A-1, 2, 3, 4, F-1, S-1, 2
|
|
|
|
(1)
|
Up to $50,000
|
$34 per $1,000
|
|
|
(2)
|
$50,000.01 to $100,000
|
$26 per $1,000
|
|
|
(3)
|
Over $100,000
|
$22 per $1,000
|
|
(c)
|
Roofing:
|
|
|
|
Use Groups: R-3 and R-5 (only)
|
$65 (flat rate)
|
|
(d)
|
Roofing (all other use groups):
|
|
|
|
(1)
|
Up to $50,000
|
$34 per $1,000
|
|
|
(2)
|
$50,000.01 to $100,000
|
$26 per $1,000
|
|
|
(3)
|
Over $100,000
|
$22 per $1,000
|
|
(e)
|
Siding:
|
|
|
|
(1)
|
Up to $50,000
|
$34 per $1,000
|
|
|
(2)
|
$50,000.01 to $100,000
|
$26 per $1,000
|
|
|
(3)
|
Over $100,000
|
$22 per $1,000
|
|
(f)
|
Retaining Wall (all use groups):
|
|
|
|
(1)
|
Class 3 - Residential
|
|
|
|
|
[a]
|
Less than or equal to 550 square feet
|
$106
|
|
|
|
[b]
|
Greater than 550 square feet
|
$210
|
|
|
(2)
|
Other than Class 3 Residential
|
|
|
|
|
[a]
|
Up to $50,000
|
$34 per $1,000
|
|
|
|
[b]
|
$50,000.01 to $100,000
|
$26 per $1,000
|
|
|
|
[c]
|
Over $100,000
|
$22 per $1,000
|
3.
|
Asbestos Abatement
|
$196
|
4.
|
Lead Hazard Abatement
|
$176
|
5.
|
Radon Remediation:
|
|
|
(a)
|
Up to $50,000,000
|
$34 per $1,000
|
|
(b)
|
$50,000.01 to $100,000
|
$26 per $1,000
|
|
(c)
|
Over $100,000
|
$22 per $1,000
|
6.
|
Demolition:
|
|
|
(a)
|
Less than 5,000 square feet in area and over 30 feet in height
|
$92
|
|
(b)
|
More than 5,000 square feet in area and over 30 feet in height
|
$168
|
7.
|
Tank Removal:
|
|
|
(a)
|
Use Groups: R-3 and R-5
|
$92
|
|
(b)
|
All other Use Groups
|
$168
|
8.
|
Solar Panels (all use groups):
|
|
|
(a)
|
Minimum Fee
|
$50
|
|
(b)
|
Up to $50,000
|
$34 per $1,000
|
|
(c)
|
Up to $50,000.01 to $100,000
|
$26 per $1,000
|
|
(d)
|
Over $100,000
|
$22 per $1,000
|
9.
|
Plan Review: Alternative Systems and Nondepletable Energy Source
Provisions of Energy Subcode:
|
|
|
(a)
|
Use Groups R-3 and R-5
|
$345
|
|
(b)
|
All other Use Groups
|
$1,725
|
b. Plumbing
and mechanical fees:
[Amended 3-8-2016 by Ord. No. 2016-02; 7-16-2019 by Ord. No. 2019-08]; amended 10-13-2020 by Ord. No. 2020-21
|
Type
|
Fee
|
---|
1.
|
Minimum fee
|
$63
|
2.
|
Water closet
|
$25
|
3.
|
Urinal/bidet
|
$25
|
4.
|
Bathtub
|
$25
|
5.
|
Lavatory
|
$25
|
6.
|
Shower
|
$25
|
7.
|
Floor drain
|
$25
|
8.
|
Sink
|
$25
|
9.
|
Dishwasher
|
$25
|
10.
|
Drinking fountain
|
$25
|
11.
|
Washing machine
|
$25
|
12.
|
Hose bibb
|
$25
|
13.
|
Water heater
|
$25
|
14.
|
Fuel oil piping
|
$25
|
15.
|
Gas piping
|
$25
|
16.
|
LP gas tank
|
$100
|
17.
|
Steam boiler
|
$100
|
18.
|
Hot-water boiler
|
$100
|
19.
|
Sewer pump/ejector
|
$100
|
20.
|
Interceptor separator
|
$100
|
21.
|
Backflow preventer (commercial)
|
$100
|
22.
|
Backflow preventer (residential)
|
$25
|
23.
|
Grease trap
|
$100
|
24.
|
Sewer connection (repair/reconnect)
|
$100
|
25.
|
Water service connection (repair/reconnect)
|
$100
|
26.
|
Stacks
|
$25
|
27.
|
Water-cooled AC units (chillers)
|
$100
|
28.
|
Refrigeration units
|
$100
|
29.
|
Active solar systems
|
$100
|
30.
|
Condensers
|
$100
|
31.
|
Sewer and water line capping (demo)
|
$100 each
|
32.
|
Drains (all)
|
$25
|
33.
|
Water softeners
|
$100
|
34.
|
Furnaces
|
$100
|
35.
|
Sump pump
|
$100
|
36.
|
Gas burners
|
$100
|
37.
|
Oil burners
|
$100
|
38.
|
Other fixtures
|
$25
|
39.
|
Other special devices
|
$100
|
c. Electrical
permits:
[Amended 3-8-2016 by Ord. No. 2016-02; 7-16-2019 by Ord. No. 2019-08]
|
Type
|
Fee
|
---|
1.
|
Minimum fee
|
$63
|
2.
|
Lighting fixture
|
|
|
1 to 50
|
$63
|
|
Each additional 25
|
$20
|
3.
|
Receptacles
|
|
|
1 to 50
|
$63
|
|
Each additional 25
|
$20
|
4.
|
Switches
|
|
|
1 to 50
|
$63
|
|
Each additional 25
|
$20
|
5.
|
Detectors
|
|
|
1 to 50
|
$63
|
|
Each additional 25
|
$20
|
6.
|
Light standards <8 feet in height
|
|
|
1 to 50
|
$63
|
|
Each additional 25
|
$20
|
7.
|
Motors-fractional HP
|
|
|
1 to 50
|
$63
|
|
Each additional 25
|
$20
|
8.
|
Emergency and exit lights
|
|
|
1 to 50
|
$63
|
|
Each additional 25
|
$20
|
9.
|
Communication points
|
|
|
1 to 50
|
$63
|
|
Each additional 25
|
$20
|
10.
|
Alarm devices/FAC panel
|
|
|
1 to 50
|
$63
|
|
Each additional 25
|
$20
|
11.
|
Devices rated <20 amps
|
|
|
1 to 50
|
$63
|
|
Each additional 25
|
$20
|
12.
|
Equipment rated <1kw
|
$63
|
13.
|
Pool permit
|
$25
|
14.
|
Private pool/spa/hot tub/fountain
|
$80
|
15.
|
Storable pool/hydro massage bathtub
|
$80
|
16.
|
Electrical range
|
|
|
1 to 10 KW
|
$25
|
|
11 to 10 KW
|
$75
|
|
51 to 100 KW
|
$139
|
|
Over 100 KW
|
$650
|
17.
|
Oven/surface unit
|
|
|
1 to 10 KW
|
$25
|
|
11 to 50 KW
|
$75
|
|
51 to 100 KW
|
$139
|
|
Over 100 KW
|
$650
|
18.
|
Household electrical cooking equipment
|
|
|
Up to 16 KW
|
$25
|
19.
|
Electrical dryer
|
|
|
1 to 10 KW
|
$25
|
|
11 to 50 KW
|
$75
|
|
51 to 100 KW
|
$139
|
|
Over 100 KW
|
$650
|
20.
|
Dishwasher
|
|
|
1 to 10 KW
|
$25
|
|
11 to 50 KW
|
$75
|
|
51 to 100 KW
|
$139
|
|
Over 100 KW
|
$650
|
21.
|
Central AC unit
|
|
|
1 to 10 KW
|
$25
|
|
11 to 50 KW
|
$75
|
|
51 to 100 KW
|
$139
|
|
Over 100 KW
|
$650
|
22.
|
Space heater/air handler
|
|
|
1 to 10 KW/hp
|
$25
|
|
11 to 50 KW/hp
|
$75
|
|
51 to 100 KW/hp
|
$139
|
|
Over 100 KW/hp
|
$650
|
23.
|
Baseboard heat
|
|
|
1 to 10 KW
|
$25
|
|
11 to 50 KW
|
$75
|
|
51 to 100 KW
|
$139
|
|
Over 100 KW
|
$650
|
24.
|
Motors (1 + hp)
|
|
|
1 to 10 hp
|
$25
|
|
11 to 50 hp
|
$75
|
|
51 to 100 hp
|
$139
|
|
Over 100 hp
|
$650
|
25.
|
Transformer/generator
|
|
|
1 to 10 KW or kva
|
$25
|
|
11 to 50 KW or kva
|
$75
|
|
51 to 100 KW or kva
|
$139
|
|
Over 100 KW or kva
|
$650
|
26.
|
Service
|
|
|
<=225 amps
|
$75
|
|
>225 but <1,000 amps
|
$139
|
|
Over 1,000 amps
|
$650
|
27.
|
Subpanels
|
|
|
<=225 amps
|
$75
|
|
>225 but <1,000 amps
|
$139
|
|
Over 1,000 amps
|
$650
|
28.
|
Motor control center
|
|
|
<=225 amps
|
$75
|
|
>225 but <1,000 amps
|
$139
|
|
Over 1,000 amps
|
$650
|
29.
|
Electric sign outline light (in KWS)
|
|
|
1 to 10 KW
|
$25
|
|
11 to 50 KW
|
$75
|
|
51 to 100 KW
|
$139
|
|
Over 100 KW
|
$650
|
30.
|
Electric sign
|
|
|
>20 but <=225 amps
|
$75
|
31.
|
Fire, security or burglar alarm control unit
|
$25
|
32.
|
Light standard
|
|
|
> than 8 feet in height
|
$75
|
33.
|
Communications closet
|
$50
|
34.
|
Single/multi-station smoke/heat detectors, fire, burglar or
security alarm systems, 1- and 2-family dwellings
|
|
|
Flat fee
|
$50
|
35.
|
Utility load management device
|
$75
|
36.
|
Photovoltaic systems
|
|
|
1 to 50 KW
|
$75
|
|
51 to 100 KW
|
$139
|
|
Over 100 KW
|
$650
|
37.
|
Solar meters
|
$75
|
38.
|
Solar disconnects
|
|
|
1 amp - 200 amps
|
$75
|
|
221 - 1,000 amps
|
$139
|
|
Over 1,000 amps
|
$650
|
39.
|
All other devices
|
|
|
1 to 10 hp
|
$25
|
|
11 to 50 hp
|
$75
|
|
51 to 100 hp
|
$139
|
|
Over 100 hp
|
$650
|
|
1 to 10 KW
|
$25
|
|
11 to 50 KW
|
$75
|
|
51 to 112.5 KW
|
$139
|
|
Over 112.5 KW
|
$650
|
|
>30 but <=50 amps
|
$25
|
|
>50 amps
|
$75
|
40.
|
Alarms, per item
|
$25
|
41.
|
Antenna cable
|
$65
|
42.
|
Trenches
|
$25
|
43.
|
Walk-in box (each)
|
$65
|
d. Elevators.
All elevators are handled by the State of New Jersey Bureau of Code
Services, Elevator Safety.
[Amended 3-8-2016 by Ord. No. 2016-02; 7-16-2019 by Ord. No. 2019-08]
e. Certificates
and other permits:
[Amended 3-8-2016 by Ord. No. 2016-02; 7-16-2019 by Ord. No. 2019-08]
1. Certificates:
|
Type
|
Fee
|
---|
(a)
|
Certificate of occupancy
|
$50
|
(b)
|
Temporary certificate of occupancy
|
$50
|
(c)
|
Certificate of occupancy-change of use
|
$200
|
(d)
|
Certificate of continued occupancy
|
$200
|
(e)
|
Certificate of continued occupancy (commercial)
|
$250
|
(f)
|
Temporary certificate of occupancy-renewal
|
$50
|
(g)
|
Certificate of clearance-lead abatement
|
$50
|
2. Moving houses:
(a)
|
Moving of house to different lot
|
$200
|
(b)
|
Moving of house on same lot
|
$100
|
3. Annual inspections:
(a)
|
Annual pool inspection
|
$85
|
(b)
|
Annual backflow inspection
|
$85
|
4. Special overtime inspections. Inspections that are to be conducted
on weekends and other than normal working hours will be a minimum
of four hours at the inspector's current hourly rate. Each additional
hour over four hours will be charged at the same rate.
5. All variations will be at state minimum.
f. Fire
protection:
[Amended 3-8-2016 by Ord. No. 2016-02; 7-16-2019 by Ord. No. 2019-08]
|
Type
|
Fee
|
---|
1.
|
Minimum fee
|
$63
|
2.
|
Alarm systems
|
|
|
1 to 12
|
$60
|
|
Each additional 25
|
$27
|
3.
|
Detection devices
|
|
|
1 to 12
|
$60
|
|
Each additional 25
|
$27
|
4.
|
Supervisory devices
|
|
|
1 to 12
|
$60
|
|
Each additional 25
|
$27
|
5.
|
Signaling devices
|
|
|
1 to 12
|
$60
|
|
Each additional 25
|
$27
|
6.
|
Other devices
|
|
|
1 to 12
|
$50
|
7.
|
110v interconnected alarms/CO detectors (Commercial)
|
|
|
1 to 12
|
$75
|
|
Each additional 25
|
$20
|
8.
|
CO detectors/detection vent system
|
$200
|
9.
|
CO detectors/110v interconnected alarms - 1- and 2-family dwellings
(per dwelling unit)
|
|
|
Flat rate
|
$50
|
10.
|
Sprinkler heads
|
|
|
Up to 20
|
$100
|
|
21 to 100
|
$178
|
|
101 to 200
|
$331
|
|
201 to 400
|
$841
|
|
401 to 1,000
|
$1,160
|
|
Over 1,000
|
$1,479
|
11.
|
Number of standpipes
|
$350 each
|
12.
|
Preengineered systems:
|
|
|
(a)
|
Wet chemical
|
$130
|
|
(b)
|
Dry chemical
|
$130
|
|
(c)
|
CO2 suppression
|
$130
|
|
(d)
|
Foam suppression
|
$130
|
|
(e)
|
FM200 suppression
|
$130
|
|
(f)
|
Other
|
$130
|
13.
|
Kitchen hood exhaust (residential)
|
$75
|
14.
|
Kitchen hood exhaust (commercial)
|
$100
|
15.
|
Gas-fired appliances (residential)
|
$75
|
16.
|
Gas-fired appliances (commercial)
|
$100
|
17.
|
Oil-fired appliances (residential)
|
$75
|
18.
|
Oil-fired appliances (commercial)
|
$100
|
19.
|
Fireplace venting
|
$75
|
20.
|
Incinerator
|
$500
|
21.
|
Crematorium
|
$500
|
22.
|
Tank removal/installation
|
|
|
(a)
|
Combustible tanks
|
$75
|
|
(b)
|
Residential (flat fee)
|
$100
|
|
(c)
|
Commercial
|
$200
|
23.
|
Chimney liner
|
$75
|
g. Waiver of construction permit fees for disabled accessibility construction.
Pursuant to N.J.S.A. 52:27D-126e, no person within the Township of
Springfield shall be charged a construction permit surcharge fee or
enforcing agency fee for any construction, reconstruction, alteration
or improvement designed and undertaken solely to promote accessibility
by disabled persons to an existing public or private structure or
any of the facilities contained therein; and a disabled person, or
a parent or sibling of a disabled person, shall not be required to
pay any municipal fee or charge in order to secure a construction
permit for any construction, reconstruction, alteration or improvement
which promote accessibility to the person's own living unit.
h. Waiver of construction permit fees for construction necessitated
by a natural disaster or other occurrence. No person within the Township
of Springfield shall be charged an enforcing agency fee for any construction,
reconstruction, alteration or improvement which is directly related
to a natural disaster or other occurrence which results in a declaration
of a State of Emergency, for a period of 365 days, subsequent to such
declaration. Such deadline may be extended by resolution of the Township
Committee either for all applicants or on a case-by-case basis.
[1991 Code § 144-1]
As used in this section:
BUILDING
Shall mean any building or structure or part thereof, whether
used for human habitation or otherwise, and including any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
GOVERNING BODY
Shall mean the Township Committee of the Township of Springfield,
Union County, New Jersey.
OWNER
Shall mean the holder or holders of the title in fee simple.
PARTIES IN INTEREST
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
PUBLIC AUTHORITY
Shall mean any housing or any officer who is in charge of
any department or branch of the government of the Township of Springfield,
County or State relating to health, fire or building regulations or
to other activities concerning buildings in the Township.
PUBLIC OFFICER
Shall mean the officer, officers, board or body who is or
are authorized by ordinances adopted hereunder to exercise the powers
prescribed by such ordinances and by this chapter.
[1991 Code § 144-2]
Any building which now exists or which hereafter may exist which
is unfit for human habitation due to dilapidation, defects increasing
the hazards of fire, accidents or other calamities, lack of ventilation,
light or sanitary facilities or due to other conditions rendering
such dwelling unsafe or unsanitary or dangerous or detrimental to
the health or safety or otherwise inimical to the welfare of the residents
of the Township shall be repaired, closed or demolished in accordance
with the provisions herein provided.
[1991 Code § 144-3]
A committee consisting of the Construction Code Official, who
shall be Chairman of such committee, the Sanitarian and the Fire Chief
is hereby designated and appointed as the Public Officer to exercise
the powers prescribed by this chapter. A majority vote shall be necessary
for all actions taken by the committee.
[1991 Code § 144-4; Ord. No. 02-28 § I(A)]
For the purpose of this section, the Public Officer may determine
that a building is unfit for human habitation or occupancy or use
if the Officer finds that conditions exist in such building which
are or may become 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 the
following, without limiting the generality of the foregoing:
a. Defects therein increasing the hazards of fire, accident or other
calamities.
b. Lack of adequate ventilation, light or sanitary facilities.
c. Dilapidation, disrepair, structural defects or uncleanliness.
d. Conditions otherwise inimical to the welfare of the residents of
the Township.
[1991 Code § 144-5; Ord. No. 02-28 § I(A)]
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 Township Engineer that any building is
unfit for human habitation or occupancy or use, the Public Officer
shall, if a preliminary investigation discloses a basis for such charges,
issue and cause to be served upon the owner and any parties in interest
in 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 a designated agent, at a place therein fixed, not less
than seven days nor more than 30 days after the serving of the complaint;
that 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 place and time fixed in the complaint; and
that the rules of evidence prevailing in the courts shall not be controlling
in hearings before the Public Officer.
[1991 Code § 144-6; Ord. No. 02-28 § I(A)]
If, after such notice and hearing, the Public Officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, the Officer shall state in writing his findings
of fact in support of such determination and shall issue and cause
to be served upon the owner thereof and parties in interest an order
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, and 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 if the owner fails to repair, alter or improve the building within
the time specified in the order, the owner shall be required to remove
or demolish the building within a reasonable time as specified in
the order of removal.
[1991 Code § 144-7]
a. If the owner fails to comply with an order to repair, alter or improve,
or, at the option of the owner, to vacate and close the building,
the Public Officer may cause such building to be repaired, altered
or improved, or to be vacated and closed. The Public Officer 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."
b. If the owner fails to comply with an order to remove or demolish
the building, 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.
[1991 Code § 144-8]
The amount of the cost of the filing of legal papers, expert
witnesses' fees, search fees and advertising charges incurred in the
course of any proceeding taken under this chapter determined in favor
of the municipality, and the amount of such cost of such repairs,
alterations or improvements, or vacating and closing or demolition,
if any, or the amount of the balance thereof remaining after deduction
of the sum, if any realized from the sale of materials derived from
such building or from any contract for removal or demolition thereof,
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, the officer shall sell the materials of such building.
There shall be credited against the cost of the removal or demolition
thereof, including the clearance and, if necessary, leveling of the
site, the proceeds of any sale of such materials or any sums derived
from any contracts for the removal or demolition of the building.
If there are no such credits or if the sum total of such costs exceeds
the total of such credits, a detailed statement of the aforesaid costs
and the amount so due shall be filed with the Municipal Tax Assessor
or other custodian of the records of tax liens and a copy thereof
shall be forwarded to the owner by certified mail. If the total of
the credits exceeds such costs, the balance remaining shall be deposited
in the Superior Court by the Public Officer, shall be secured in such
manner as may be directed by such Court and shall be disbursed according
to the order or judgment of the Court to the persons found to be entitled
thereto by final order or judgment of such Court. Any owner or party
in interest may, within 30 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.
[1991 Code § 144-9]
Complaints or orders issued by the Public Officer pursuant to
this section shall be served upon persons either personally or by
certified mail, but if the whereabouts of such person is unknown and
the same cannot be ascertained by the Public Officer in the exercise
of reasonable diligence, and the Public Officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
person may be made by publishing the same once every week for two
successive weeks in a newspaper printed and published in the Township
of Springfield, or, in the absence of such newspaper, in one printed
and published in the County and circulated in the Township. A copy
of such complaint or order shall be posted in a conspicuous place
on the premises affected by the complaint or order. A copy of such
complaint or order shall be duly recorded or lodged for record with
the Union County Clerk.
[1991 Code § 144-10; Ord. No. 02-28 § I(A)]
The Public Officer is authorized to exercise such powers as
may be necessary or convenient to carry out and effectuate the purposes
and provisions of this section, including the following powers in
addition to others herein granted:
a. To investigate the building conditions in the Township in order to
determine which buildings therein are unfit for human habitation or
occupancy or use.
b. To administer oaths or affirmations, examine witnesses and receive
evidence.
c. To enter upon premises for the purpose of making examinations, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
d. To appoint and fix the duties of such officers, agents and employees
as deemed necessary to carry out the purpose of this section.
e. To delegate any of the functions and powers under this section to
such officers and agents as the Officer may designate.
[1991 Code § 144-11]
Any owner or party in interest aggrieved by an order issued by the Public Officer under this section may, within 10 days after the posting and service of such order, file an appeal with the Township Committee seeking to vacate, amend or modify the order of the Public Officer. Nothing in this section shall be construed to affect the right of any person to bring an action for injunctive relief as provided in Subsection
12-2.12.
[1991 Code § 144-12]
Any person aggrieved by an order issued by the Public Officer
under this section may, within 30 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
Public Officer from carrying out the provisions of the order and for
any other appropriate relief. The court may proceed in the action
in a summary manner or otherwise. The remedy herein provided shall
be exclusive, and no person affected by an order of the Public Officer
shall be entitled to recover any damages for action pursuant thereto
or because of noncompliance of any person with any order of the Public
Officer.
[1991 Code § 144-13]
Nothing in this section shall be construed to abrogate or impair
the powers of the Township or any officer or department thereof to
enforce any provisions of its ordinances or regulations or to prevent
or punish violations thereof, and the powers conferred by this section
shall be in addition and supplemental to the powers conferred upon
the Township by any other law or ordinance.
[1991 Code § 65-6; Ord. No. 92-13; Ord. No. 02-28 § I(B)]
The Township of Springfield hereby adopts the New Jersey Housing
Code (1980) by reference as if set forth in its entirety herein. Enforcement
of the New Jersey State Housing Code shall be performed by the following
public officers: the Building Subcode Official, Subcode Officials,
the Fire Inspector and the Township Sanitarian.
[1991 Code § 213-1]
The owner of every dwelling, store, office building, warehouse,
factory or other structure or building which now fronts or may hereafter
front upon any public street within the Township shall cause the street
number assigned to the property upon which the dwelling, store, office
building, warehouse, factory or other structure or building is erected
to be placed in digital numbers, Roman numerals or script as outlined
below:
a. Dwellings: to be placed in digital numbers, Roman numerals or script
at least three inches in height with two feet to the right or left
of the main entrance or on the door of the structure facing the street.
b. All other structures or buildings: to be placed in digital numbers,
Roman numerals or script at least six inches in height within two
feet to the right, left or above the main entrance or on the door.
[1991 Code § 213-2]
Street number assignments shall be made by the office of the
Township Engineer.
[1991 Code § 213-3]
The enforcement of the section shall be vested in the Bureau
of Fire Prevention, the Police Department and the Construction Code
Official of the Township.
[1991 Code § 213-4; New]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, §
1-5.
[Ord. No. 99-24 § [C];
12-5.1]
Whereas the Township of Springfield has entered into an Agreement
with the New Jersey Housing and Mortgage Finance Agency, Affordable
Housing Management Service, for purposes of transferring responsibility
to the State of New Jersey for enforcement of long term affordability
controls on units created as affordable housing within the Township
of Springfield; and
Whereas, in order to properly implement such Agreement, it is
necessary that all developers offering such units either for sale
or rental, execute a Project-specific Contract Addendum, in a form
set forth as Exhibit B to such Agreement; the purpose of this section
shall be set forth such requirement and regulations concerning same.
[Ord. No. 99-24 § [C];
12-5.2]
Within 10 days of the effective date of this section, or within
10 days of Final Planning Board Approval, whichever shall be later,
each developer within the Township of Springfield with affordable
housing component shall execute a Project-specific Contract Addendum
in a form designated by the Affordable Housing Management Service
or their designee.
[Ord. No. 99-24 § [C];
12-5.3]
As soon as practicable, but no later than upon final Planning
Board approval, each developer with Springfield with an affordable
housing component shall contact the Administrator of the Affordable
Housing Management Service to develop a cooperative work plan for
interviewing applicants and marketing the units to make arrangements
for payment of fees, and to establish viable pricing schedules.
[Ord. No. 99-24 § [C];
12-5.4]
All developers, renters, unit owners, and their agents, employees,
heirs, executors, successors and assigns shall be bound by the terms
of this section, the Agreement with the New Jersey Housing and Mortgage
Finance Agency and all Federal, State and local laws and regulations
in effect and as amended.
[Ord. No. 99-24 § [C];
12-5.5]
Any person violating any of the provisions of this section shall, upon conviction, be liable, in addition to any other penalty at law, to the penalty stated in Chapter
1, §
1-5.
[Ord. No. 03-023 § 1]
It is the purpose of this section to implement the provisions
of P.L. 2003, c. 114, which authorizes the Governing Body of a municipality
to adopt an ordinance imposing a tax at a uniform percentage rate
not to exceed 1% on charges of rent for every occupancy on or after
July 1, 2003, but before July 1, 2004, and not to exceed 3% on charges
of rent for every occupancy on or after July 1, 2004, of a room or
rooms in a hotel subject to taxation pursuant to Subsection (d) of
section 3 of P.L. 1966, c. 40 (N.J.S.A. 54:32B-3) which shall be in
addition to any other tax or fee imposed pursuant to statute or local
ordinance or resolution by any governmental entity upon the occupancy
of a hotel room.
[Ord. No. 03-023 § 1;
amended 7-18-2016 by Ord. No. 2016-15]
a. There is hereby established a hotel and motel room occupancy tax
in the Township which shall be fixed at a uniform percentage rate
of 7% on charges of rent for every occupancy of a hotel or motel room
in the Township on or after July 1, 2003, but before July 1, 2004,
and 5% on charges of rent for every occupancy of a hotel or motel
room in the Township on or after July 1, 2004, of a room or rooms
in a hotel subject to taxation pursuant to Subsection (d) of Section
3 of P.L. 1966, c. 40, N.J.S.A. 54:32D-la (sales tax).
b. The hotel and motel room occupancy tax shall be in addition to any
other tax or fee imposed pursuant to statute or local ordinance or
resolution by any governmental entity upon the occupancy of a hotel
room.
c. The hotel and motel room occupancy tax authorized herein shall not be imposed on the rent for an occupancy if the purchaser, user or consumer is an entity exempt from the tax imposed on an occupancy under the "Sales and Use Tax Act" pursuant to Subsection
(a) of Section 9 of P.L. 1966, c. 30 (N.J.S.A. 54:32B-9).
[Ord. No. 03-023 § 1]
In accordance with the requirements of P.L. 2003, c. 114:
a. All taxes imposed by this section shall be paid by the purchaser.
b. A vendor shall not assume or absorb any tax imposed by this section.
c. A vendor shall not in any manner advertise or hold out to any person
or to the public in general, in any manner, directly or indirectly,
that the tax will be assumed or absorbed by the vendor, that the tax
will not be separately charged and stated to the customer, or that
the tax will be refunded to the customer.
d. Each assumption or absorption by a vendor of the tax shall be deemed
a separate offense and each representation or advertisement by a vendor
for each day that the representation or advertisement continues shall
be deemed a separate offense.
e. Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, §
1-5.
[Ord. No. 03-023 § 1]
The tax imposed by this section shall be collected on behalf
of the Township by the person collecting the rent from the hotel or
motel customer. Each person required to collect the tax herein imposed
shall be personally liable for the tax imposed, collected or required
to be collected hereunder. Any such person shall have the same right
in respect to collecting the tax from a customer as if the tax were
a part of the rent and payable at the same time, provided that the
Chief Financial Officer of the Township shall be joined as a party
in any action or proceeding brought to collect the tax.
[Added 10-10-2023 by Ord. No. 2023-22]
[Added 10-10-2023 by Ord. No. 2023-22]
a. This section aims to prohibit the practice of renting or leasing
various types of dwellings, or segments thereof, located in the Township,
on a short-term basis to transient guests. The prohibition of short-term
rentals is to maintain the quality of life and welfare of the community
in the Township and reduce and/or eliminate public nuisances, life
safety concerns, disorderly behavior, quality of the neighborhoods,
security concerns, fire safety concerns, additional noise, waste and
other negative impacts.
b. This section does not apply to any use of single-family dwellings
protected by New Jersey State Law, lawfully existing, including community
residences for the developmentally disabled, community shelters for
victims of domestic violence, community residences for the terminally
ill, community residences for persons with head injuries, and children
in group homes.
c. This section does not apply to any hotel, tourist camp, motel or
motor lodge, or any other establishment by whatsoever name designated,
which is licensed by the Township for the accommodation and lodging
of transient guests.
[Added 10-10-2023 by Ord. No. 2023-22]
a. No dwelling, or segment thereof, may be rented or leased for a term
of less than 30 consecutive days.
b. No amenity, feature, accessory, or appurtenance to or associated
with a dwelling, (including, but not limited to pools) may be rented
or leased for a term of less than 30 consecutive days.
[Added 10-10-2023 by Ord. No. 2023-22]
a. The advertisement of any rental that is prohibited by or fails to
comply with the provisions of this Section (including the regulations
on duration), or any other applicable provision of the Township Code,
is prohibited.
b. Anyone who publishes such an advertisement in any form, including via print, telephone, or internet (including online marketplaces such as AirBnB and VRBO), shall be guilty of a violation of this subsection
12-7.3.
c. Violations of this subsection
12-7.3 shall also be considered separate offenses from violations of subsection
12-7.2.
[Added 10-10-2023 by Ord. No. 2023-22]
a. A dwelling, or segment thereof, may be occupied by a transient guest
(i.e., houseguest) for a term of less than 30 consecutive days, provided
that no consideration is received for such occupancy. For purposes
of this subsection, consideration shall include money, as well as
any service, act, or tangible item of value, which is exchanged as
a condition of occupancy.
b. This section shall not prevent the buyer and seller of a residential
dwelling from entering into a use and occupancy agreement.
[Added 10-10-2023 by Ord. No. 2023-22]
The provisions of this section shall be enforceable by the Township's
Zoning Officer, Construction Official, and/or Police Department.
[Added 10-10-2023 by Ord. No. 2023-22]
a. Any person violating the provisions of this Section shall, upon conviction
thereof, be subject to a fine of not less than $100 or more than $500
for the first offense, and not less than $200 or more than $1,000
for each subsequent offense, or to a term of imprisonment not to exceed
90 days, or both.
b. For purposes of subsection
12-7.2,
a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
c. For purposes of subsection
12-7.3,
a separate offense shall be deemed committed each time a prohibited advertisement is published.
d. The penalties imposed pursuant to this section shall be in addition
to any other remedies that may accrue under any other law, including,
but not limited to, eviction proceedings and/or injunction, reasonable
attorney's fees, or other fees and costs.