Borough of Somerville, NJ Chapter 66 Construction Codes, Uniform

[HISTORY: Adopted by the Mayor and Council of the Borough of Somerville 12-20-76 as Ord. No. 799. Amendments noted where applicable.]

§ 66-1 Enforcing Agency Established.

A. There is hereby established in the Borough of Somerville a State Uniform Construction Code enforcing agency, consisting of a Construction Official, Building Subcode Official, Plumbing 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. All powers, duties and responsibilities of the Building Inspector or Building Officer under the ordinances of the Borough of Somerville shall be assumed and performed by the Construction Official or such subcode official as he shall designate.

B. Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended, and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one (1) such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position.

C. The public shall do business with the enforcing agency at 25 West End Avenue, Somerville, New Jersey.

§ 66-2 Zoning Permits.

[Added 2-5-01 by Ord. No. 2100][1]

A. Application for zoning permit. Zoning permits shall hereafter be secured from the Zoning Officer prior to construction, erection or alteration of any structure or sign or part of a structure or change in the use of a structure or land. Excepted from such requirement shall be "ordinary maintenance" as same is defined in N.J.A.C. 5:23-1.4 and N.J.A.C. 5:23-2.7.

Each application involving new construction shall be accompanied by a detailed site plan drawn to scale showing accurate property dimensions, tax map lot and block numbers, locations of accurately dimensioned existing structures and/or proposed structures with proposed front, side, and rear ties from foundation to property lines, all streets with right-of-way limits defined, any proposed subdivision of the property affected, any watercourses, natural or otherwise, other natural boundaries, railroad rights-of-way, easements and any other information which may be pertinent in order to comply with the provisions of this chapter and Chapter 102 of this Code.

When deemed necessary by the Zoning Officer, a detailed statement shall also be included with the application fully describing the proposed use for which the application is made and which shall be considered a part thereof.

B. Permit fee. There shall be a nonrefundable fee of twenty-five dollars ($25) payable upon submission of each application for a zoning permit.

[1] Editor's Note: The schedule referred to herein is included as an attachment to this chapter.

§ 66-3 Schedule of Fees.

[Amended 1-18-1977 by Ord. No. 802; 9-2-1980 by Ord. No. 896; 8-6-84 by Ord. No. 968; 12-16-1985 by Ord. No. 996; 8-7-1989 by Ord. No. 1069; 10-5-92 by Ord. No. 1128; 10-16-95 by Ord. No. 2003; 3-16-98 by Ord. No. 2047; 3-18-99 by Ord. No. 2075; 2-5-01 by Ord. No. 2100; 4-17-06 by Ord. No. 2215]

The fee for a construction permit shall be the sum of the subcode fees listed in subsections A through D hereof and shall be paid before issuance of the permit.

A. The building subcode fee shall be calculated in accordance with Schedule A, included as an attachment to this chapter.

B. The plumbing subcode fee shall be calculated in accordance with Schedule B, included as an attachment to this chapter.

C. The fire subcode fee shall be calculated in accordance with Schedule C, included as an attachment to this chapter.

D. The electrical subcode fee shall be calculated in accordance with Schedule D, included as an attachment to this chapter.

E. For the purpose of determining estimated cost, when-ever required under this section or other sections of this chapter, or the Code, the applicant shall submit to the enforcing agency, if available, cost data produced by the architect, or engineer of record, or by a recognized estimate firm, or by the contractor. A bona fide contractor's bid, if available, shall be submitted. The enforcing agency will make the final determination of estimated cost.

F. All fees will be rounded to the nearest dollar.

G. A disabled person as defined in N.J.S.A. 52:27D-126e, or a parent or sibling of a disabled person, shall not be required to pay any municipal fee or charge in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to his own living unit.

H. All municipal fees or charges, excepting fees for charges for services performed by other than Borough employees, imposed in order to secure a construction permit for any construction, reconstruction, alteration or improvement of any one or two family home, or mixed use building which includes residential units, owned by and in which a qualified volunteer, as hereinafter defined, is or will be a full time resident of one of the residential units, shall be waived upon the filing of an appropriate application therefore. In order to be a qualified volunteer, the following conditions must be satisfied:

[Amended 4-19-10 by Ord. No. 2325; 12-19-2022 by Ord. No. 2692]

(1) The volunteer must be a member in good standing of a Somerville Fire Company within the Somerville Fire Department, the First Aid & Rescue Squad of Somerville and or part of the CERT Team for a minimum of one continuous year immediately preceding the date of the application for a construction permit;

(2) The volunteer shall have served without remuneration or an agreement or contract for hire during the one year period;

(3) The volunteer shall have satisfied the requisite percentage of activity, attendance and participation of the respective organization;

(4) The chief executive officer of the fire company, rescue squad or team leader of the CERT shall certify in writing that the volunteer has satisfied the requirements of paragraphs (1) through (3), hereof; and

(5) The volunteer shall certify in writing compliance with the residency requirements of this section.

(6) The fees associated solely with the living space of the volunteer shall be waived the portions or other fees associated with the units and or commercial space that is not the living quarters shall be assessed accordingly.

I. The fees for applying for a CCO (Continuing Certificate of Occupancy) shall be waived for temporary uses of buildings located in the Special Improvement District (SID). Temporary use of the building is defined as a use of the retail space for a period not exceeding ninety (90) days. If the temporary use exceeds ninety (90) days the CCO fees are retroactive and the fees shall be paid.

[Added 3-16-09 by Ord. No. 2294]

§ 66-4 Fire limits.

[Added 7-18-77 by Ord. No. 815]

Fire limits as authorized by the Uniform Construction Code shall be and they hereby are established within the Borough of Somerville. For purposes of the Uniform Construction Code and the BOCA Basic Building Code, fire limits shall comprise all districts and zones other than residential districts designated as R-1 and R-2 according to the interim Zoning Ordinance adopted as part of the Borough of Somerville Land Use Ordinance of January 17, 1977.[1] Residential Districts R-1 and R-2 shall be deemed outside the fire limits.

[1] Editor's Note: See Ch. 102, Land Use and Development.