Township of Upper, NJ
Cape May County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. #12-1976, § 1]
a. 
Establishment. There is hereby established in the Township a State Uniform Construction Code enforcing agency to be known as the Township Construction Department 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.
b. 
Qualifications of Officials. Each official position created in Subsection 10-1.1 shall be filled by a person qualified for such position pursuant to P.L. 1975, C. 217 as amended and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to P.L. 1975, C. 217 and N.J.A.C. 5:23 to hold each such position.
c. 
Public Right to Do Business at One Location. The public shall have the right to do business with the enforcing agency at one office location except for emergencies, and unforeseen or unavoidable circumstances.
[Ord. #12-1976, § 2]
The Cape May County Construction Board of Appeals is hereby designated to hear appeals from decisions of the enforcing agency.
[Ord. #9-1985, § 2; Ord. #10-1985, §§ 1, 4, 5; Ord. #6-1994, § 1; Ord. #4A-1999, § 1; Ord. #2-2000, § 1; Ord. #013-2007, § 1; Ord. #010-2009, § 1; Ord. #004-2013]
The fees to be charged and collected by the Construction Official of the Township, as well as the subcode officials of the Township, shall be as follows:
a. 
Special Permit Fees.
[Amended 4-29-2019 by Ord. No. 007-2019]
1. 
Demolition fees. The fee for a demolition or removal permit shall be $75 for a structure of less than 5,000 square feet in area and less than 30 feet in height, for one- or two-family residences (use group R-5 of the building subcode), and structures on farms including commercial farm buildings under N.J.A.C. 5:23-3.2(d), and $120 for all other use groups.
2. 
Sign permits. The fee for a permit to construct a sign shall be in the amount of $1.80 per square foot of surface area of the sign, computed on one side only for a double-faced sign. The minimum permit fee for a sign shall be $62.
3. 
Swimming pool permits. The building subcode fee for a swimming pool shall be $200 for an inground pool. The building subcode fee for an aboveground pool shall be $75.
4. 
Mechanical fee. Fees charged for a mechanical permit for work covered under N.J.A.C. 5:23-3.4(c) shall be $62. For water heaters and condensate piping, the fee shall be $13. For special devices (i.e., fuel oil piping connections, gas piping connections, steam boiler, hot water boiler, hot air furnace, oil tank, LPG tank, fireplace generator, air-condensing unit), the fee shall be $62 each. Note that mechanical permits are only allowed for work on R-3, R-4 and R-5 structures.
5. 
Periodic inspections. For cross connection and backflow preventers that are subject to testing, requiring a reinspection every three months, the fee shall be $90 for each device when they are tested (thrice annually) and $220 for each device when they are broken down and tested (once annually).
6. 
Variation. The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $760 for Class I structures and $75 for Class II and Class III structures. The fee for resubmission of an application for a variation shall be $250 for Class I and $40 for Class II and Class III structures.
7. 
New Jersey State permit surcharge fee. The New Jersey State permit surcharge fee that is collected by this agency for the state is to be the current fee mandated by N.J.A.C. 5:23-4.19.
NOTE: Due to the limitations of the Department of Community Affairs' computer program, Upper Township is forced to round off all permit and surcharge fees to the nearest whole dollar.
b. 
Exempt-Nonprofit Fees.
1. 
Nonprofit-exempt organizations are not exempt from New Jersey State permit surcharge fee.
2. 
Exemption from Fee: The following organizations and entities shall be exempt from the payment of any fee required by this subsection:
(a) 
Any entity or organization specified in N.J.S.A. 40A:12-15, as the same may be amended and supplemented from time to time;
(b) 
Any entity or organization specified in N.J.S.A. 40A:12-21, as the same may be amended and supplemented from time to time; and
(c) 
Any organization which is exempt from the payment of ad valorem real estate taxes.
c. 
Plan Review Fees.
1. 
Plan review fees are 20% of the total construction fee. Plan review fees are due either when the construction permit application is submitted or when the construction permit is issued. It is the option of the Construction Official to determine when the plan review fee is due.
2. 
Certificate of Occupancy Fees.
(a) 
Any Certificate of Occupancy fee shall be paid before a Certificate is issued.
(b) 
The Certificate fee for an R-5 use and structures that are accessory uses to R-5 use, such as detached garages, etc., located on the same property and farm structures including commercial farm buildings shall be $70.
(c) 
Certificate fees for all others are 10% of the total construction permit fee with a $115 minimum.
(d) 
The fee for a Certificate granted pursuant to a change in use group shall be $275 providing that all subcode inspections reveal no Uniform Construction Code violations that have to be remedied. Uniform Construction Code violations or required changes may require construction permit fees in addition to the fee for a Change in Use Certificate.
(e) 
There is no fee for a Certificate of Approval certifying that work done under a construction permit has been satisfactorily completed.
(f) 
There is no fee for a Temporary Certificate of Occupancy.
d. 
Annual Permit Fees.
[Amended 4-29-2019 by Ord. No. 007-2019]
1. 
Fees charged for annual permits are to be the same as required by N.J.A.C. 5:23-4.20.
2. 
Annual pool bond inspection shall be $90.
e. 
Construction Permit Fees.
1. 
The fee to be charged for a construction permit will be the sum of the basic construction fee computed in accordance with the section below, plus any applicable special fees, such as elevator or sign fees. The fee is to be paid before a permit is issued.
f. 
Basic Construction Fees.
[Amended 4-29-2019 by Ord. No. 007-2019]
1. 
The basic construction fee shall be in the sum of the parts computed on the basis of the volume or cost of construction, the number of plumbing fixtures and pieces of equipment, the number of electrical fixtures, and devices and the number of sprinklers, standpipes, and detectors (smoke and heat) at the unit rates provided here plus any special fees. The minimum fee for a basic construction permit covering any or all building, plumbing or fire protection work shall be $62 per subcode and for any and all electrical work it shall be $90.
g. 
Building Subcode Fees.
[Amended 4-29-2019 by Ord. No. 007-2019]
1. 
Fees for new construction shall be based upon the volume of the structure. The volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The new construction fee for all use groups shall be $0.037 per cubic feet in volume.
EXCEPTION: The following structures generally being of very large volume are to be charged the following fee when 10,001 or more cubic feet in volume:
Use Group A-1, A-2, A-3, A-4, A-5, F-1, F-2, S-1, S-2 the fee shall be $0.0250 and the fee shall be $0.0250 per cubic feet for structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d), with a maximum fee for such structures on farms not to exceed $1,100.
2. 
Fees for renovations, alterations and repairs are based on estimated cost of work:
$1,000 up to $50,000
$20 per $1,000
$50,001 up to $100,000
$16 per $1,000
$100,001 and above
$12 per $1,000
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 bona fide contractor's bid, if available, shall be submitted. The agency shall make the final decision regarding the estimated cost.
3. 
Fees for additions shall be computed on the same basis as the new construction for the added portion.
4. 
Fees for combination renovations and additions shall be computed as the sum of the fees computed separately in accordance with the items above.
h. 
Plumbing Subcode Fees. Plumbing fixtures and equipment:
[Amended 4-29-2019 by Ord. No. 007-2019]
1. 
The fee shall be in the amount of $13 per fixture for any fixtures connected to the plumbing system except for special devices listed below.
2. 
Plumbing special devices: Grease traps, oil separators, water-cooled air-conditioning units, refrigeration air-conditioning units, utility service connections, backflow preventers, steam boilers, hot water boilers, gas piping, active solar systems, sewer pumps, interceptors and fuel piping. The fee for these and similar devices shall be $62 each.
i. 
Electric Subcode Fees. Electrical Fixtures and Devices: The fee shall be as follows:
[Amended 4-29-2019 by Ord. No. 007-2019]
1. 
For the first block consisting of one to 50 receptacles, fixtures or devices, the fee shall be $90. For each additional block consisting of up to 25 receptacles, fixtures or devices, the fee shall be $25. For the purpose of computing this fee, "receptacles, fixtures or devices" shall include lighting fixtures, wall switches, convenience receptacles, sensors, dimmers, alarm devices, smoke and heat detectors, communication outlets, light standards eight feet or less in height including luminaries, emergency lights, electric signs, exit lights or similar electric fixtures and devices rated 20 amperes or less including motors or equipment rated less than one horsepower (hp) or one kilowatt(kW).
2. 
For each motor or electrical device rated from one hp to 10 hp or one kW to 10 kW; for each transformer or generator from one kW to 10 kW or one kva to 10 kva; for each replacement of wiring involving one branch circuit or part thereof; for each storable pool or hydro massage bath tub; for each underwater lighting fixture; for household electric cooking equipment rated up to 60 kW; for each fire, security or burglar alarm control unit; for each receptacle rated from 30 amperes to 50 amperes; for each light standard greater than eight feet in height including luminaries; and for each communications closet the fee shall be $25.
3. 
For motor or electrical devices rated from greater than 10 hp to 50 hp, or 10 kW to 50 kW; for each transformer or generator rated from greater than 10 kW to 45 kW or 10 kva to 45 kva; for each electric sign rated from greater than 20 amperes to 225 amperes including associated disconnecting means; for each receptacle rated greater than 50 amperes; and for each utility load management device, the fee shall be $62.
4. 
For each motor or electrical device rated from greater than 50 hp to 100 hp or 50 kW to 100 kW; and for each transformer or generator rated from greater than 45 kW to 112.5 kW or 45 kva to 112.5 kva, the fee shall be $138.
5. 
For each motor or electrical device rated greater than 100 hp or 100 kW; the fee shall be $620.
6. 
For each electrical service equipment, panel board, switch board, switch gear, motor control center, or disconnection means rated from one ampere up to and including 200 amperes, the fee shall be $90. For each electrical service equipment, panel board, switch board, switch gear, motor control center or disconnection means rated over 200 amperes up to and including 400 amperes, the fee shall be $125. For each electrical service equipment, panel board, switch board, switch gear, motor control center or disconnection means rated over 400 amperes up to and including 1,000 amperes, the fee shall be $145.
7. 
For motors or similar devices requiring concurrent installation of individual controls, relays and switches, the fee shall be based only upon the rating of the motor or device. There shall be no additional fee charged for the concurrent installation of individual circuit components, for example, controllers, starter, and disconnecting means.
8. 
The fee charged for process equipment shall be based on the ampere rating of the over current device protecting the conductor feeding the process equipment or the cutoff device.
9. 
For the purpose of computing these fees, all electrical and communications devices, utilization equipment and motors which are part of premises wiring, except those which are portable plug-in-type, shall be counted.
10. 
For pool permits with UW lights, the fee shall be $90 plus equipment charge.
11. 
For solar systems from 100 kW up to and including 100 kW, the fee shall be $100 plus equipment charge. For solar systems over one kW up to and including 200 kW, the fee shall be $200 plus equipment charge.
j. 
Fire Protection Fees. Sprinklers, standpipes, detectors (smoke or heat), pre-engineered suppression system, gas or oil fired appliances not connected to the plumbing systems, kitchen exhaust systems, incinerators and crematoriums:
[Amended 4-29-2019 by Ord. No. 007-2019]
1. 
The fee for 20 or fewer heads or detectors shall be $62; for 21 heads to and including 100 heads or detectors, the fee shall be $179; for 101 heads to and including 200 heads or detectors, the fee shall be $360; for 201 heads to and including 400 heads or detectors, the fee shall be $1,380; for 401 heads to and including 1,000 heads or detectors, the fee shall be $1,450.
2. 
In computing the fees for heads and detectors, the number of each shall be counted separately and two fees, one for the heads and one for the detectors, shall be charged.
3. 
The fee for each standpipe shall be $275.
4. 
The fee for each independent pre-engineered fire suppression system shall be $220.
5. 
The fee for each gas- or oil-fired appliance which is not connected to the plumbing system shall be $65.
6. 
The fee for each kitchen exhaust system shall be $62.
7. 
The fee for each incinerator shall be $700.
8. 
The fee for each crematorium shall be $700.
k. 
Elevator Subcode Fees. Upper Township does not currently have an Elevator Subcode Official. This position is being handled by the Department of Community Affairs.
In the event that Upper Township does contract with a third party to act as Elevator Subcode Official the fee will be the same as charged by the Department of Community Affairs plus a 10% administrative charge.
[Ord. #9-1985, § 3; Ord. #10-1985, § 4]
A certified copy of this section shall be filed with the Department of Community Affairs following final adoption and publication pursuant to law.
[Ord. #9-1985, § 4; Ord. #10-1985, § 5]
Upon final adoption a copy of this section shall be prominently posted in the office of the Construction Official, Township Hall, Tuckahoe, New Jersey.
[Ord. #3-1979, § 2; deleted by Ord. No. 008-2018]
[Ord. No. 3-1986; deleted by Ord. No. 008-2018]
[Ord. #7-24-72, § 2; 1972 Code § 7-2.1]
No person shall move any building or structure through any streets of the Township without a permit issued as hereinafter provided.
[Ord. #7-24-72, § 2; 1972 Code § 7-2.2; New]
Any person desiring to move any building or structure shall make application to the Construction Official for a permit. The application shall designate the streets through which the moving will be done, the dimensions of the building, the estimated length of time required for such moving, and such other facts as the Construction Official may require. The fee for the permit, as hereinafter provided, shall be deposited with the Construction Official. The permit may be applied for by the owner of the building or structure to be moved or by the mover or contractor.
[Ord. #7-24-72, § 2; 1972 Code § 7-2.3; New]
The applicant shall file with the Construction Official a bond in the amount of $5,000, with sureties satisfactory to the Construction Official, conditioned for the payment of any damage or injury to the trees, streets or other Township property along the designated route and for the replacement of any trees or other Township property destroyed by the moving; and further conditioned for the payment of any additional fee due to the Township for exceeding the time limit fixed for such moving.
[Ord. #7-24-72, § 2; 1972 Code § 7-2.4]
The fees for a permit shall be $50 for the first day of the period required for such moving, and $50 for each additional day in the case of dwellings, and $25 for the first day and $25 for each additional day required to move a garage.
[Ord. #7-24-72, § 2; 1972 Code § 7-2.5]
The person receiving a permit shall, at his own expense, arrange for the removal of any wires or cables which may interfere with the moving. If any wires or cables which may interfere with the moving, pertain to the fire alarm system or police telephone system or any other municipal system of the Township, then the person receiving such permit shall, at his own expense, arrange for the removal of wires so as not to interfere in any manner with the continual operation of such systems of the Township.
[Ord. #7-24-72, § 2; 1972 Code § 7-2.6]
All the moving operations as they relate to the problem of traffic shall be done under the supervision of an authorized law enforcement officer at such times as may be fixed by such officer.
[Ord. #7-24-72, § 2; 1972 Code § 7-2.7]
It shall be the duty and obligation of the contractor engaged in the moving operations to furnish and place barricades and detour signs which may be necessary for the proper diversion of motor vehicle traffic.
[1]
Editor's Note: Prior ordinance history: Ord. 7-24-72; 1972 Code § 7-3.17-3.5.
[Ord. No. 008-2018 § 1]
No building, wall or structure or any part thereof, which is or may become dangerous to life or health or which creates a fire hazard shall be permitted. This ordinance section is adopted pursuant to the authority granted by N.J.S.A. 40:48-2.5.
[Ord. No. 008-2018 § 1]
The Construction Official shall perform all services necessary to insure the strict enforcement of this section, and is designated to exercise the powers prescribed by this section.
[Ord. No. 008-2018 § 1]
a. 
Whenever a petition is filed with the Construction Official 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 Construction Official (on his own motion) that any building is unfit for human habitation or occupancy or use, the Construction Official shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and 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 Construction Official (or his/her designated agent) at a place therein fixed not less than seven days nor more than 30 days after the serving of said 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 Construction Official.
b. 
If, after such notice and hearing, the Construction Official 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 parties in interest an order:
1. 
Requiring the repair, alteration or improvement of the said 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 said building vacated and closed within the time set forth in the order; and
2. 
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 said building within the time specified in the order, then the owner shall be required to remove or demolish the said building within a reasonable time as specified in the said order of removal;
c. 
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 Construction Official may cause such building to be repaired, altered or improved, or to be vacated and closed; that the Construction Official 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 occupancy of this building is prohibited and unlawful."
d. 
If the owner fails to comply with an order to remove or demolish the building, the Construction Official 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. By resolution, the Township Committee shall authorize the removal or demolition to put the premises in proper condition, and municipal funds expended for such purpose, the amount of which shall be determined by the Township Committee, shall be a lien against the premises as provided by this ordinance and the provisions of N.J.S.A. 40:48-2.5 and N.J.S.A. 40:48-2.12b.
e. 
The amount of:
1. 
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 section, and
2. 
Such cost of such repairs, alterations or improvements, or vacating and closing, or removal 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 Construction Official, he/she 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 sum derived from any contract 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 forthwith forwarded to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited in the Superior Court by the Township, 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.
[Ord. No. 008-2018 § 1]
If an actual and immediate danger to life is posed by the threatened collapse of any fire damaged or other structurally unsafe building, the Construction Official may, after taking such measure as may be necessary to make such building temporarily safe, seek a judgment in summary proceedings for the demolition thereof.
[Ord. No. 008-2018 § 1]
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, nor is anything in this act intended to limited the authority of the enforcing agency or Construction Official under the State Uniform Construction Code or any other law or ordinance.
[Ord. #16-1988, § 1]
The Township Committee hereby adopts a uniform system for the numbering of all buildings located within the Township, which system has been prepared by the Township Engineer and is on record in the Office of the Township Clerk.
[Ord. #16-1988, § 2]
All buildings situate within the Township, whether residential, industrial or commercial, shall be numbered in accordance with this section. This section applies only to those buildings which constitute the principal use on a lot or parcel of ground and does not apply to detached garages or other accessory uses which are incidental to the principal use.
[Ord. #16-1988, § 3]
Each building with the Township will be assigned a number by the Township, which shall hereafter be the only number which shall be displayed on the building. Buildings which are hereafter constructed shall be assigned a building number by the Township at the time the building permit is issued. Upon completion of construction, the number shall be prominently displayed on the building as required by this section.
[Ord. #16-1988, § 4]
The owner or occupant of every building in the Township shall cause to be placed thereon the number which has been assigned by the Township. The placement of the numbers shall be in such a manner as to be plainly visible from the street or roadway and shall be not less than three inches in height and shall plainly display the number of the building.
[Ord. #16-1988, § 5]
Whenever the building is situate in such an area where rural delivery of mail by the United States Postal Service is in effect, then, in addition to displaying the numbers on the building as required by Subsection 10-5.4 hereof, the owner or occupant shall also cause such building number to be prominently displayed upon the mailbox where mail delivery is customarily and routinely made.
[Ord. #16-1988, § 6]
Whenever a building is situate in such a way that it is set back 35 feet or more from the roadway, and whenever the building is obscured by a fence, shrubbery or any other obstacle which impairs visibility from the street, then in addition to displaying the numbers on the building as required by Subsection 10-5.4 hereof, each owner or occupant of the property shall cause to be displayed, at or near the front property line, the building number, which shall be set forth in figures at least three inches in height.
[Ord. #16-1988, § 8]
Any person who violates the provisions of this section shall, upon conviction, be subject to a fine not to exceed $100 for the first offense and not to exceed $500 for a second or subsequent offense.
[Ord. No. 008-2018 § 1]
A construction permit is required for piling installation and for demolition.
[Ord. No. 008-2018 § 1]
Any firm or corporation performing pile installation operations within the Township shall be responsible for all sand, silt, sediment, debris and water leaving the site of the pile installation operation. Said person, firm or corporation shall be responsible to clean and maintain all alleys, gutters, streets, sidewalks and inlets and prior to completing their pile driving operations shall specifically remove or cause to be removed all sand, silt, sediment, or other debris arising from the pile driving operation. The persons, firms or corporation performing the pile installation operation shall also take any and all actions or steps necessary to prevent the accumulation of sand, soil, sediment and other debris upon any adjoining property, and to likewise take whatever action necessary to prevent damage to alleys, streets, gutters, curbs, adjoining property, infrastructure and other improvements by the utilization of pile driving equipment.
Prior to performing any pile installation activities involving jetting, the contractor shall construct and install silt traps at the stormwater inlets located at both ends of the block in which the contractor is performing the pile installation operations. Prior to obtaining the pile installation permit the contractor shall notify the Construction Code Office of the exact type of silt trap which shall be utilized. No pile installation permit shall be issued unless the Code Enforcement Office is notified and approves of the type of silt trap which shall be utilized.
[Ord. No. 008-2018 § 1]
Prior to the commencement of work to install piles or demolish a structure, the contractor shall notify the owner of all properties within 200 feet of the site on which he is working to drive pile or demolish a structure. If the pile installation is via mechanical boring/auger, and vibration, the notification shall be to the owner of all properties within 100 feet of the site. All notifications required by this section shall include the name, address and telephone number of the piling installation or demolition contractor and the owner of the property, the street address, lot and block of the property, and the date(s) on which the piling installation or demolition is to be done, and shall be forwarded in writing, by certified mail, at least 14 calendar days prior to the commencement date of the pile installation activity or demolition work but not earlier than 30 days prior. If the pile installation is via mechanical boring/auger, and vibration, the notification required by this section shall be forwarded at least 10 days prior to the commencement date of the pile installation. The notification shall be forwarded to the property's mailing address as set forth on the tax duplicate of the Upper Township Tax Assessor.
[Ord. No. 008-2018 § 1]
It shall be the responsibility of the pile installation contractor in the case of pile installation, or a demolition contractor in the case of demolition of structures, to prevent damage to alleys, streets, curbs, sidewalks, gutters, adjoining property, infrastructure and other improvements from pile installation and/or demolition construction.
[Ord. No. 008-2018 § 1]
Dust and debris control at the site shall be the responsibility of the demolition contractor during the course of demolition. The contractor shall obtain, pay for, and transport water from its own source as required for dust control. Demolition activities may be limited if weather conditions warrant as determined by the Construction Official. Debris generated by demolition shall be confined to the site. All debris that leaves the site must be collected immediately.
[Ord. No. 008-2018 § 1]
Pile installation and demolition activity shall only be permitted within the Township of Upper as follows:
a. 
From July 1st to August 31st of each year from 8:00 a.m. to 4:00 p.m., Monday through Friday. During this time period set up shall not be permitted before 7:00 a.m.
b. 
During the remainder of the year from 7:00 a.m. to 5:00 p.m., Monday through Friday. During this time period set up shall not be permitted before 7:00 a.m.
c. 
Pile driving activities shall be prohibited on the following holidays: Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas, and New Year's Day.
d. 
Pile installation and building demolition shall be prohibited on Saturday and Sunday.
[Ord. No. 008-2018 § 1]
Every pile driving construction site in Upper Township shall have a sign 18 inches in width and 24 inches in height posted at the site which shall contain a phone number given to the contractor by the Upper Township advising people to call if they believe any violation of this section has occurred.
[Ord. No. 008-2018 § 1]
Any person, firm or corporation convicted of a violation of this section shall be subject to a fine not to exceed $1,250 per violation as determined by the Municipal Court Judge. Each day of violation shall be considered a separate offense. Additionally, the Municipal Court Judge shall have the authority to order restitution for any damage done to the property by a pile driving or demolition contractor.