[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 $150 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 $200 for
all other use groups.
[Amended 5-10-2021 by Ord. No. 010-2021]
2.
Sign permits. The fee for a permit to construct a sign shall be in
the amount of $2.50 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.
[Amended 5-10-2021 by Ord. No. 010-2021]
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.
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:
[Amended 5-10-2021 by Ord. No. 010-2021]
|
$1,000 up to $50,000
|
$30 per $1,000
|
|
$50,001 up to $100,000
|
$23 per $1,000
|
|
$100,001 and above
|
$19 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.
5.
Fees for tents and temporary structures shall be $95.
[Added 5-10-2021 by Ord. No. 010-2021]
6.
Fees for trailers/park models shall be $100.
[Added 5-10-2021 by Ord. No. 010-2021]
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.
12.
For each monitor device for solar systems, the fee shall be $62.
[Added 5-10-2021 by Ord. No. 010-2021]
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 $125.
[Amended 5-10-2021 by Ord. No. 010-2021]
7.
The fee for each incinerator shall be $700.
8.
The fee for each crematorium shall be $700.
9.
The fee for the installation or demolition of tanks shall be $65.
[Added 5-10-2021 by Ord. No. 010-2021]
10.
The fee for each smoke control system shall be $65.
[Added 5-10-2021 by Ord. No. 010-2021]
11.
The fee for each fire pump shall be $65.
[Added 5-10-2021 by Ord. No. 010-2021]
12.
The fee for each preaction/dry/alarm valve shall be $30.
[Added 5-10-2021 by Ord. No. 010-2021]
13.
The fee for each fireplace vent or metal chimney shall be $65.
[Added 5-10-2021 by Ord. No. 010-2021]
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.
[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;
amended 3-13-2023 by Ord. No. 003-2023]
Pile installation and demolition activity shall only be permitted within the Township of Upper in accordance with Subsection 3-17.3g3.
[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.
