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Borough of Bernardsville, NJ
Somerset County
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Table of Contents
Table of Contents
Editor's Note: For design standards for historic buildings and sites, see Section 2-44, Historic Preservation Advisory Committee.
a. 
Adoption. There is hereby established in the Borough of Bernardsville a State Uniform Construction Code Enforcing Agency to be known as the Division of Construction, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire 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 officials within the Division of Construction shall be appointed by the Mayor with advice and consent of the Council and shall receive such compensation as may be fixed from time to time by Ordinance.
b. 
Official positions. Each official position created in paragraph a above 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 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. to hold such position.
c. 
Office 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.
d. 
Relinquishment of Elevator Subcode Enforcement to the Department of Community Affairs. The responsibility for the elevator subcode enforcement, and the performance of elevator subcode inspections and witnessing of tests within the jurisdiction of the Borough of Bernardsville, is hereby relinquished to the Department of Community Affairs, pursuant to N.J.A.C. 5:23-4.3, and the functions and duties of the enforcing agency of the Borough of Bernardsville, with respect to the elevator subcode, are hereby repealed and transferred to the Department of Community Affairs.
[Ord. No. 91-906 § 1; Ord. No. 95-1034 § 1]
The fee for a construction permit shall be the sum of the subcode fees listed in paragraphs a through g paid prior to the issuance of a permit. 20% of the construction permit fee shall be considered as the plan review fee, which will be collected at the time the permit is issued and is nonrefundable.
a. 
Building Subcode Fees. The building subcode fees shall be as follows:
1. 
Fees for new construction shall be based upon the volume of the structure. This fee shall be in the amount of $0.05 per cubic foot, except structures on farms - $0.0007. The minimum fee shall be $65 for a single trade.
2. 
Fees for renovations, alterations, reroofing, repairs, and site construction associated with pre-engineered systems of commercial farm buildings, premanufactured construction, and the external utility connections for premanufactured construction, shall be based upon the estimated costs of the work.
This fee shall be:
$24 per $1,000 of estimated cost of work up to $100,000 of estimated cost of construction;
$18 per $1,000 for estimated cost of work above $100,000;
$10 per $1,000 for additional costs over $150,000 estimated cost of construction. The minimum fee shall be $45 for a single trade.
3. 
Fees for additions shall be computed on the same basis as for new construction (volume) 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 paragraphs 2 and 3 above.
5. 
Temporary structures and all structures for which volume cannot be computed, such as swimming pools and open structural towers, shall be charged a flat rate. The fee for construction or installation of a single-family residential in-ground swimming pool shall be $150. The fee for construction or installation of all other use groups inground swimming pools shall be $200. The fee for above-ground pools shall be $100. The fee for fences shall be $45.
6. 
The fee for the construction or installation of tennis courts shall be $150.
7. 
The fee for mechanical permit for R-3 and R-4 structures shall be $45.
b. 
Plumbing Subcode Fees. The plumbing subcode fees shall be as follows (the stated fees are per fixture):
Water Closet
$10
Bidet/Urinal
$15
Bath Tub
$15
Lavatory/Sink
$15
Shower
$15
Floor Drain
$15
Dish Washer
$15
Drinking Fountain
$15
Washing Machine
$15
Hose Bibb
$15
Water Heater
$50
Fuel Oil Piping
$65
Steam Boiler
$65
Hot Water Boiler
$65
Sewer Pipe
$65
Interceptor/Separator
$65
Residential Back Flow Preventor
$65
Commercial Back Flow Preventor
$65
Grease Trap
$65
Water Cooler A/C
$65
Sewer Connection
$65
Water Service Connection
$65
Stack
$15
Refrigeration Unit
$65
Active Solar Systems
$65
Garbage Disposal
$15
Gas Logs or Gas Fireplace
$15
Gas Pipe Over 5 feet (need drawing and test)
$65
Gas Pipe Over 5 feet Reconnect Fee
$15
Generator
$65
Hot Air Furnace or A/C unit or both HVAC unit
$65
Indirect Waste
$15
Pool Heater
$65
Refrigeration Units
$65
Sewer Pumps
$65
Steam Generator for Shower
$65
Storm Drain Inside per Roof Drain
$25
Sump Pumps
$15
Water Treatment Systems (Water softeners)
$65
Yard Hydrant
$65
Other/Special Device
$65
Emergency Repairs (Sewer/Water)
$65
Plan Review Credit %
$20
Minimum Fees
$65
c. 
Electrical Subcode Fees. Electrical subcode fees shall be as follows
Minimum fee single trade
$60
Switches, fixtures, receptacles, motors under 1 hp, outdoor lighting including standards under 8 feet, communication points, alarm points, devices
All the above 1st 25 items
$50
Each additional item
$0.50
Devices Rated kW/KVA
1-10
$15
Over 10 to 25
$30
Over 25-50
$65
Over 50-100
$125
Over 100
$530
Devices Rated by HP
1-10
$15
Over 10 to 25
$30
Over 25-50
$65
Over 50-100
$125
Over 100
$530
Electric range/ovens/surface units, electric
Rated by kW/KVA water heaters, dryers, dishwashers, central A/C, baseboard heat, transformers, generators, steam generators for showers
Pool Permits
Inground pool
$150
Aboveground pool
$75
Spa, hot tub, fountain
$75
Storable pool, hydro massage bath tub
$50
Security system 1- and 2-family dwellings
$50
Space heater, air handler
By HP or kW/KVA
Electric signs
$50
Lighting standards over 8 feet
$50
Utility load management devices
$50
Garbage disposals
By HP
Motors
By HP
Services, Panels, Switch Boards, Motor Control Centers
Over 100 amps
$50
Over 100-200 amps
$100
Over 200-400 amps
$250
Over 400 amps
$530
Communication closet
Special Devices
$50 per item
d. 
Fire Subcode Fees. Fire subcode fees shall be as follows:
1. 
The fee for sprinkler systems shall be $60 for up to 20 heads;
For 21 to and including 100 heads the fee shall be $120;
For 101 to and including 200 heads the fee shall be $2 per head;
For 201 to and including 400 heads the fee shall be $2 per head;
For 401 to and including 1,000 heads the fee shall be $2 per head; and
For 1001 heads and over the fee shall be $1 per head.
2. 
The fee for each standpipe shall be $100.
3. 
The fee for each independent pre-engineered suppression system shall be $50.
4. 
The fee for each gas or oil-fired appliance which is not connected to the plumbing system shall be $25.
5. 
The fee for each kitchen exhaust system shall be $50.
6. 
The fee for spray booths exhaust system shall be $50.
7. 
The fee for a wood/coal burning stove, prefab or masonry fireplace shall be $25.
8. 
The fee for smoke, heat detectors and manual fire alarms shall be $60 for up to 20 alarms;
For 21 to and including 100 alarms the fee shall be $120;
For 101 to and including 200 alarms the fee shall be $2 per alarm;
For 201 to and including 400 alarms the fee shall be $2 per alarm;
For 401 to and including 1,000 alarms the fee shall be $2 per alarm;
and
For 1001 alarms and over the fee shall be $1 per alarm.
9. 
The fee for R3 and R4 fire alarm systems shall be $50.
10. 
The fee for fire pumps shall be $150 each.
11. 
The fee for incinerators shall be $150 each.
12. 
The fee for crematoriums shall be $150 each.
13. 
(Reserved)
14. 
The fee for exit-egress lighting shall be $5 each.
15. 
The fee for chimney relining shall be $25.
16. 
The minimum fee for any work requiring plan review which is not listed or itemized above, i.e., fire separation, emergency lighting, flame spread and smoke ratings, etc., shall be $50.
e. 
Certificates and Other Special Fees.
1. 
The fees for Certificates shall be as follows:
(a) 
Certificate of Occupancy, residential (single family), is $150, or 10% of permit fee, whichever is greater.
(b) 
Certificate of Occupancy, other than single family, is $175, or 10% of permit fee, whichever is greater.
(c) 
Certificate of Occupancy for changes in use group is $120.
(d) 
Certificate of Approval, no fee.
(e) 
Continued Certificate of Occupancy is $150.
(f) 
Temporary Certificate of Occupancy, no fee.
2. 
The fee for a demolition and/or removal permit of a building or structure shall be $200, provided that the fee shall be $25 for structures under 400 square feet in area.
For the removal or abandonment of underground storage tanks, the fee shall be $75 each for tanks under 1,000 gallons and $100 each for tanks over 1,000 gallons.
3. 
The fee to construct or erect a sign shall be $0.50 per square foot surface area of the sign, computed on one side only for double-faced signs. The minimum fee shall be $35.
4. 
The fee for the installation of underground or aboveground storage tanks shall be $50 per $1,000 of estimated cost of construction each for tanks under 1,000 gallons;
$60 per $1,000 of estimated cost of construction each for tanks from 1,000 to 1,999 gallons; and
$75 per $1,000 of estimated cost of construction each for tanks of 2,000 gallons or more.
5. 
The fee for asbestos abatement project shall be $70. This fee shall also apply to lead abatement projects.
6. 
The fee for an application for a variation request shall be $50.
7. 
The fee for an application for the Construction Board of Appeals shall be $100.
8. 
(Reserved)
9. 
(Reserved)
10. 
(Reserved)
11. 
The fee to reinstate a lapsed permit shall be 25% of the initial permit fee provided such application is made within one year from the date the initial permit lapsed. Thereafter, the fee to reinstate a lapsed permit shall be 100%.
12. 
The fee for an annual permit shall be charged annually, and shall be a flat fee based on the number of maintenance workers excluding managers, engineers and clerks who are primarily engaged in work governed by a subcode (building/fire, electrical and plumbing).
Fees shall be as follows:
(a) 
One through 25 workers (including foremen) $400 per worker; each additional worker over 25 $150 per worker.
(b) 
Prior to the issuance of the annual permit a training registration fee of $100 per subcode shall be submitted by the applicant to the Department of Community Affairs, Construction Code Element, Training Section along with a copy of the construction permit (Form F-170). Checks shall be made payable to "Treasurer, State of New Jersey."
f. 
Exempt Fees.
1. 
No fees shall be charged for construction of any permitted building or structure owned by the County of Somerset or the Borough of Bernardsville or any of their respective agencies.
2. 
Newly constructed and rehabilitated residential units that are to be legally restricted to occupancy by households of low and moderate income shall be exempt from construction permit fees, except for the State Training Fee.
3. 
Pursuant to N.J.S.A. 52:27D-126e, no person shall be charged a construction permit fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by the handicapped to an existing public or private structure or any of the facilities contained therein.
g. 
Outside Agency Fees. Notwithstanding any other fee hereinafter set forth, when the Borough has retained a private on-site inspection or plan review agency to carry out subcode official responsibility no fee charged shall exceed the amount paid by the Borough to that private agency plus 15%.
[Ord. No. 91-906 § 2; Ord. No. 93-929 § 1; Ord. No. 95-1023 § 1; Ord. No. 97-1084 § 1; Ord. No. 97-1100 §§ 1 — 4; Ord. No. 97-1114 § 1; Ord. No. 2006-1429; Ord. No. 2010-1535 § 1]
[Ord. No. 91-906 § 3]
In order to provide for the training, certification, and technical support programs required by the Uniform Construction Code Act and the Regulations, the enforcing agency shall collect in addition to the fees specified above, a surcharge fee of $0.0016 and any subsequent changes automatically adopted without revision (7-1-1991) DCA Bulletin per cubic foot of volume of new construction. Said surcharge fee shall be remitted to the Bureau of Housing, Department of Community on a quarterly basis for the fiscal quarters ending September 30, December 31, March 31, and June 30, not later than one month succeeding the end of the quarter for which it is due.
The enforcing agency shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year.
[Ord. No. 866 § 1]
The Building Subcode Official or Health Officer ("Officer") of the Borough is hereby designated as the Officer to exercise the powers prescribed by this section and he shall serve in such capacity without any additional salary.
[Ord. No. 866 § 2]
For the purpose of this section, the Officer may determine that a dwelling is unfit for human habitation if he finds that conditions exist in any dwelling which are dangerous or injurious to the health or safety of the occupants of the dwelling, the occupants of neighboring dwellings or other residents of the Borough. Such conditions may include the following (without limiting the generality of the foregoing); defects increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair, structural defects or uncleanliness.
[Ord. No. 866 § 3]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1 et seq.) the "New Jersey State Housing Code (1980 Revision)," as approved by the Department of Community Affairs and filed in the Secretary of State's office is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. Three copies of the "New Jersey State Housing Code (1980 Revision)" have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.
[Ord. No. 866 § 4]
Whenever a petition is filed with the Officer by a public authority as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the municipality charging that any dwelling is unfit for human habitation as herein defined or whenever it appears to the Officer (on his own motion) that any dwelling is unfit for human habitation, as herein defined, he 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 dwelling a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Officer (or his designated agent) at a place therein fixed not less than 10 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 time and place fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Officer.
If after notice and hearing, the Officer determines that the dwelling under consideration is unfit for human habitation, as herein defined, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner and parties in interest an order requiring:
a. 
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 to have the building vacated and closed within the time set forth in the order; and
b. 
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the building within the time specified in the order, that the owner remove or demolish the building within a reasonable time as specified in the order of removal.
c. 
That, 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 Officer may cause such building to be repaired, altered or improved, or to be vacated and closed; that the 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."
d. 
That, if the owner fails to comply with an order to remove or demolish the building, the 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.
e. 
That 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 determined in favor of the municipality, and
2. 
The 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 Officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, 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 certified mail. If the total of the credits exceed such costs, the balance remaining shall be deposited in the Superior Court by the 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; provided however, that nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
[Ord. No. 866 § 5]
[Ord. No. 866 § 6]
Complaints or orders issued by the Officer pursuant to this section shall be served upon persons either personally or by certified mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Officer in the exercise of reasonable diligence, and the Officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper circulating in the Borough. A copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of the complaint or order shall be duly recorded or lodged for record with the County Recording Officer of the county in which the dwelling is located.
The Officer is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section including the following in addition to others herein granted;
a. 
To investigate the dwelling condition in the Borough in order to determine which dwellings therein are unfit for human habitation;
b. 
To administer oaths, affirmations, examine witnesses and receive evidence;
c. 
To enter upon premises for the purpose of making examination, 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 he deems necessary to carry out the purposes of this section;
e. 
To delegate any of his functions and powers under this section to such officers and agents as he may designate.
[Ord. No. 866 § 7]
[Ord. No. 866 § 8]
Nothing in this section shall be construed to abrogate or impair the power of the municipality or any officer or department to enforce any provisions of its charter, or its ordinances or regulations, nor 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 Borough by any other law or ordinance.
[Ord. No. 866 § 9]
Any person, firm or corporation who shall violate any of the provisions of this section or who shall fail to comply with any order or direction of the Officer issued pursuant to this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 91-879 § 1.2]
The purpose of this section is to provide for and facilitate the voluntary rehabilitation of existing physically substandard housing units occupied by low and moderate income households in order that the Borough may satisfy the indigenous portion of its precredited housing need up to the year 1993 as established by the New Jersey Council on Affordable Housing (COAH). According to COAH estimates, 37 such housing units exist. The Borough will guarantee the funding of low interest loans and/or grants to eligible homeowners for rehabilitation of up to 37 units through the issuance of municipal bonds or such other sources as may become available. As a further guarantee of funding, the Borough commits itself to providing an appropriate amount each year as follows:
Date
Amount
March 1989
$120,0000
March 1990
62,500
March 1991
62,500
March 1992
62,500
March 1993
62,500
Definitions pertaining to fair share housing not found below are the same as those definitions that appear in the New Jersey Fair Share Housing Act, N.J.S.A. 52:27D-301 et seq., or the rules and regulations adopted by the Council on Affordable Housing in N.J.A.C. 5:91 or 5:92.
APPLICANT
Shall mean the person or persons applying for technical or financial assistance for housing rehabilitation or conversion in accordance with the provisions of this section.
CONVERSION
Shall mean the conversion of an existing dwelling unit to provide a low or moderate income unit in accordance with the provisions of this section and applicable zoning.
COUNCIL ON AFFORDABLE HOUSING
Shall mean the Council established by the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
DEFICIENT UNIT
Shall mean a housing unit that is not decent, safe or sanitary as determined in N.J.A.C. 5.92-5.2 and subsection 12-3.3 of this chapter.
FAIR HOUSING PROGRAM
Shall mean the procedures and provisions of this section to provide technical and financial assistance for the rehabilitation or conversion.
FAIR HOUSING TRUST FUND
Shall mean the Fund established in subsection 12-3.6, paragraph a of this chapter.
HOUSING ADMINISTRATOR
Shall mean a person hired by the Borough to perform the duties listed in subsection 12-3.4.
INDIGENOUS NEED
Shall mean deficient housing units occupied by low and moderate income households within a municipality.
INSPECTION OFFICER
Shall mean a qualified inspector who will be hired by the Borough to perform the duties listed in section 12-3.4 of this chapter.
LOW INCOME HOUSEHOLD
Shall mean a household with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located as determined by the Council on Affordable Housing in N.J.A.C. 5:92 or subsequent rules and regulations.
LOW INCOME HOUSING
Shall mean housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by a low income household.
MODERATE INCOME HOUSEHOLD
Shall mean a household with a gross household income equal to or more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located as determined by the Council on Affordable Housing in N.J.A.C. 5:92 or subsequent rules and regulations.
MODERATE INCOME HOUSING
Shall mean housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by a moderate income household.
REHABILITATION
Shall mean the restoration of a deficient unit to be a decent, safe, and sanitary unit as provided for by this chapter.
[Ord. No. 91-879 § 2]
a. 
Eligibility. Only owners of houses or structures within the Borough are eligible for the technical or financial assistance made available through this section. Eligibility is further determined by the following criteria:
1. 
The homeowner must either live in a low or moderate income household or must agree to rent the house or structure to be rehabilitated or converted to a low or moderate income household. Proof of income will be required by the Housing Administrator.
2. 
A house that is proposed to be rehabilitated must be considered deficient in accordance with N.J.A.C. 5:92. Determination of deficiency will be made by a Borough Inspection Officer. To qualify as deficient, the unit must have a minimum of two of the following characteristics.
(a) 
Constructed prior to 1940;
(b) 
1.01 or more persons per room;
(c) 
Absence of a private entranceway to dwelling unit;
(d) 
Absence of exclusive access to complete plumbing facilities;
(e) 
Absence of adequate kitchen facilities, that is, a sink with piped water, a stove and a refrigerator;
(f) 
Structural weaknesses that violate the Construction Code.
3. 
The rehabilitation or conversion plan, will upon completion, result in the improvement of all deficient components of the eligible unit. The adequacy of the plan will be initially determined by the Borough Inspection Officer and finally determined by the Affordable Housing Board.
4. 
The homeowner must agree, in writing, to comply with all the requirements of this section.
b. 
Effect on Homeowner.
1. 
Homeowners who receive technical or financial assistance under the provisions of this section shall be entitled to special property tax assessment treatment in accordance with the recommendations of COAH.
2. 
Homeowners who receive technical or financial assistance under the provisions of this section shall place a deed restriction on the property to specify that only a low or moderate income household may occupy the housing unit. The deed restriction shall be prepared by the Borough Attorney. The deed restriction shall take effect as soon as an application has been approved and money has been made available for the rehabilitation project. The deed restriction shall be in effect for six years subsequent to satisfactory completion of a rehabilitated unit. Sale of the deed restricted dwelling shall not affect the deed restriction.
3. 
Homeowners who receive technical or financial assistance under the provisions of this section and who rent the units to someone else shall agree to rent control restrictions on the rehabilitated unit. The annual rent shall not exceed more than 30% of the household's gross annual income. The restriction shall be in effect for six years in the case of rehabilitated units and 10 years in the case of converted units. Increases in rent during the period of rent control may be granted by the Borough Council. An increase may be granted so long as the tenant household is not required to pay more than 30% of its gross annual income.
c. 
Phasing. The Borough will guarantee financial assistance to eligible and interested homeowners for no less than seven units for each of the five years beginning with 1987.
d. 
Priority for Financial Assistance. In the event that financial assistance is not available for every eligible applicant, 50% of the available assistance shall be awarded to applications that will result in low income housing in preference to those that will result in moderate income housing.
e. 
Penalties for Noncompliance. No financial assistance shall be made available to homeowners without full compliance with the terms of this section and other applicable regulations. Any person who violates this section or fails to comply with any of its requirements shall upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. In addition, as part of the penalty, he shall make restitution of any or all funds paid by the Borough under the provisions of this section. Nothing herein contained shall prevent the Borough of Bernardsville from taking such other lawful action as is necessary to prevent or remedy any violation.
[Ord. No. 91-879 § 3]
a. 
The duties of the Housing Administrator shall include:
1. 
Affirmative marketing of the Borough's Rehabilitation Program through:
(a) 
At least once annually for the years of 1988, 1989, 1990, 1991 and 1992, a direct mailing to all the Borough's homeowners announcing the Rehabilitation Program and explaining the eligibility requirements for participation in the Program, and the procedures for applying for assistance under the provisions of this section.
(b) 
At least one well-publicized public meeting to answer questions about the Rehabilitation Program.
(c) 
A poster highlighting the main features of the Rehabilitation Program to be hung in Borough Hall at all times.
(d) 
The issuance of periodic press releases to inform the public of news related to the Rehabilitation Program and to promote interest in the Program.
(e) 
Preparation of information and application packets for distribution to interested homeowners.
2. 
Development of necessary application and financial statement forms to be used by homeowners interested in applying for participation in the Rehabilitation Program. The application will clearly state that any homeowner who receives financial assistance under the provisions of this section will agree to resale or rent controls for the property for six years. The application shall require proof of ownership and general information on the property to be rehabilitated as well as a description and estimated cost of the work needed to improve the unit to meet the parameters of the Rehabilitation Program. The financial statement form shall indicate that the information submitted will be kept strictly confidential. These forms shall be approved by the Borough Council prior to distribution to applicants.
3. 
Determination of eligibility of the applicant based on the requirements of this section.
4. 
Maintenance of a comprehensive file of all sources of financial assistance from Federal and State programs for housing rehabilitation. The file on each program shall include general information about the program, eligibility requirements, several copies of application forms for the program, application filing procedures and deadlines, the total appropriation for the program and funding limitations for individual projects.
5. 
Technical assistance to eligible applicants for the Borough Rehabilitation Program to apply for financial assistance from appropriate Federal and State programs for housing rehabilitation by low and moderate income households.
6. 
Technical assistance to eligible applicants for the Borough Rehabilitation Program to apply for a grant or loan from the Borough upon a determination that financial assistance for housing rehabilitation or conversion will not be available from Federal or State programs.
7. 
Preparation and presentation of a report on each eligible application to the Affordable Housing Board for a grant or loan from the Borough.
8. 
Preparation and presentation of an annual report to the Borough Council at the close of each fiscal year. The report shall compare the Borough's rehabilitation objectives with the accomplishment of each year. The report shall indicate the status, including any information available from the Inspection Officer, of the condition of each unit that has been or will be rehabilitated or converted and shall include a full financial accounting for the Program. The report shall also contain recommendations for improving either the administrative or substantive elements of the Program.
9. 
The Housing Administrator shall establish specific regular hours to meet with interested homeowners at Borough Hall.
b. 
The Inspection Officer shall have the following duties:
1. 
Determination of the "deficiency" of an applicant's unit under the provisions of this section. The Inspection Officer's evaluation of deficiency shall be reported in writing to the Housing Administrator.
2. 
Determination of whether or not the proposed description and cost of work needed to rehabilitate or convert the subject structure will meet the parameters of the Rehabilitation Program. The Inspection Officer's report on the description and cost of work shall be made in writing to the Housing Administrator.
3. 
Inspection and, when completed, certification of the rehabilitation. The certification shall bear the date of the inspection and shall be indicated by a written report to the Housing Administrator.
c. 
The Borough shall include in its annual budget sufficient funds to pay for the costs of administering the Rehabilitation Program. The money expended for preparing and implementing the Rehabilitation Program shall, in accordance with the Fair Housing Act, be considered a mandated expenditure exempt from the limitations on final appropriations imposed pursuant to P.L. 1976, c.68(C40A:4-45.1 et seq.). For the first year of the Program, 1989, the amount budgeted for administration shall be 20% of the average estimated cost of rehabilitating seven units at $10,000 per unit or $14,000. For subsequent years, the budget will be determined based on the experience of the previous year.
[Ord. No. 91-879 § 4.1]
a. 
Interested homeowners will be able to secure information and application packets from the Housing Administrator by calling or visiting Borough Hall during the Administrator's regularly scheduled office hours.
b. 
Interested homeowners will submit a completed application to the Housing Administrator.
c. 
The Housing Administrator will review the application for completeness and, once an application is complete, determine whether the applicant meets income eligibility requirements.
d. 
Upon determination that the applicant is eligible, the Inspection Officer will inspect the property to rule on whether it qualifies as "deficient" under the provisions of this section and whether or not the proposed description and cost of work needed to improve the unit will meet the parameters of the Rehabilitation Program. The Inspection Officer's determination will be submitted in writing to the Housing Administrator.
e. 
If the Inspection Officer determines that the unit qualifies as "deficient" but recommends an amended description and cost estimate of the work necessary to rehabilitate or convert the unit, the applicant will be asked to revise the application to address, satisfactorily, the comments of the Inspection Officer.
f. 
If the Inspection Officer determines that the unit qualifies as "deficient" and that the proposed description and cost estimate of the work necessary to rehabilitate or convert the unit is satisfactory, the Housing Administrator will determine whether or not the applicant is eligible for financial assistance to complete the work from a Federal or State program and whether there is a realistic chance of the applicant's receiving assistance from the program.
g. 
If the Housing Administrator determines that the applicant is eligible for financial assistance to complete the work from a Federal or State program and that there is a realistic chance for the applicant to receive such assistance, the Housing Administrator will offer as much technical assistance as the applicant desires and as the Housing Administrator can reasonably provide to prepare an application(s) for the relevant programs.
h. 
If the Housing Administrator determines that the applicant is not eligible for financial assistance to complete the work from a Federal or State program or that there is no realistic chance for the applicant to receive such assistance or the application for such assistance is denied by the relevant State or Federal agency(s), at the applicant's request the Housing Administrator will forward the application to the Affordable Housing Board for a loan or grant from Borough funds. The Housing Administrator shall be available to discuss the application with the Affordable Housing Board at the time of its formal consideration.
i. 
If the Affordable Housing Board approves the application, the rehabilitation may begin as soon as the applicant and the appropriate representative of the Affordable Housing Board have signed all necessary agreements. The Affordable Housing Board shall arrange for payment of the rehabilitation to be made to the appropriate party(s) upon securing a guarantee that the money will go toward payment of the work included in the application.
j. 
If the Affordable Housing Board denies the application, the specific reasons for rejection shall be given. The Affordable Housing Board may deny an application only if it can be shown that the applicant is ineligible or that the proposed work plan is insufficient to bring the building into conformance with the parameters of the Rehabilitation Program.
k. 
After construction for rehabilitation of the housing unit is completed, the Borough Inspection Officer will inspect the unit and, if appropriate certify that the work has been completed in accordance with the approved work plan. If the work is incomplete or for some reason unsatisfactory, the Inspection Officer shall so inform the Housing Administrator, who will then work with the Affordable Housing Board to find a suitable remedy.
[Ord. No. 91-879 § 4.2]
The Borough will utilize its own funds from the sale of municipal bonds as the primary source of money to fund housing rehabilitation or conversion.
In addition, the Borough will seek financial assistance from the State or Federal Government for housing rehabilitation.
All applicants shall be eligible for a low interest loan or grant from the proceeds of the sale of municipal bonds or other sources of municipal revenue. The Borough will provide for any shortfall in the cost of rehabilitation or conversion of substandard units to the extent necessary in order to insure rehabilitation or conversion in a timely fashion.
a. 
Low Interest Loans from Municipal Bond Fund. An eligible applicant shall, upon the applicant's request, receive a low interest loan from the Borough. The loan shall be awarded at an interest rate to be agreed upon mutually by the applicant and the Affordable Housing Board. Loan money would be made available from the Borough through bonding. Upon making such a loan, the Borough shall have a lien on the subject property and the property owner shall execute necessary documents to effectuate the lien. The Housing Administrator will work with the applicant to establish a realistic repayment schedule. If the applicant does not meet that schedule, the Borough will collect the uncollected funds as well as the accumulated interest at the time of sale of the property. The Borough will retain the option to increase the interest rates on delinquent loans.
Based on the appropriations specified in subsection 12-3.6, loans will be made available from the Borough to eligible applicants under the terms specified below:
1. 
Rental Rehabilitation. The following terms will apply to loans made for units that are owned by households who do not qualify as low or moderate but who will agree to rent the property to low or moderate income households.
(a) 
The Borough will make a loan to the applicant for the total amount of the cost of the rehabilitation. Although the loan will be made to the applicant, the proceeds of the loan will be paid to the individual(s) or business(es) who sell the material and/or labor for the project. Homeowners who contribute "sweat equity" will not receive financial remuneration for their efforts.
(b) 
The interest rate will be fixed at an annual rate of two points below prime, or one point above the Borough's interest rate on bonds sold for such purpose, whichever is less, at the time the loan originates. The interest rate on bonds will be established and made public at the time of the sale and all prospective borrowers will be notified in writing of the respective rates.
(c) 
Payments on the loan principal will be deferred for a ten-year period. Payments on interest will be made in equal monthly payments during this ten-year period, or until the loan is paid in full, if paid before the end of this period. No interest will be charged after the 10th year if the owner chooses to defer repayment in exchange for extending affordability controls.
(d) 
Repayment of the loan principal will become payable in full at the end of 10 years, unless the owner elects to continue affordability controls. 60 days prior to the end of the loan's ten-year life, the Borough's Housing Administrator will submit a letter to the owner indicating the date on which the loan principal will become due, when the Borough expects payment, and the circumstances under which repayment may continue to be deferred.
(e) 
Repayment of the loan principal may be extended beyond the first ten-year period if and only if the owner agrees to continue renting to a low or moderate income household. If the owner wants to take this option, he or she shall notify the Borough's Housing Administrator in writing of his or her intentions within 30 days of receipt of notification from the Borough that the loan principal will become due within 60 days.
(f) 
If an owner plans to extend participation in the Fair Share Program through the option listed in the preceding point, he or she must sign an agreement with the Borough to extend the deed restriction and renew the lien placed on the property upon first entering the Program. The agreement will thereafter be renewable annually. Each year, at the time of rental, the owner must demonstrate that the unit continues to be occupied by a low or moderate income household.
(g) 
The Borough may, by resolution, forgive a loan and accumulated interest at any time. In the event a loan and interest is forgiven by the Borough, all obligations of the applicant under this section and any implementing agreement shall be deemed fully satisfied.
2. 
Owner-Occupied Rehabilitation. The following terms will apply to units that are owner-occupied by low or moderate income households.
(a) 
The Borough will make a loan to the applicant for the total amount of the cost of rehabilitation. Although the loan will be made to the applicant, the proceeds of the loan will be paid to the individual(s) or business(es) who sell the material and/or labor for the projection. Homeowners who contribute "sweat equity" will not receive financial remuneration.
(b) 
The interest will be fixed at an annual rate of two points below prime or one point above the Borough's interest rate on bonds sold for such purpose, whichever is less, compounded. The interest rate on bonds will be established and made public at the time of sale and all prospective borrowers will be notified in writing of the respective rates. Interest is chargeable for a period of six years, unless the loan is repaid sooner.
(c) 
Deferred payments on principal and interest will be made available to the applicant as explained below.
(d) 
Repayment of the loan will not be required until the sale of the property. At the time of sale, the unpaid principal plus accrued interest shall be paid to the Borough except that no interest shall be charged beyond the sixth year (the life of the program).
(e) 
Payment of the principal and interest may continue to be deferred beyond the sale of the property if and only if the property is sold to another low or moderate income household. If the owner elects this option the sales price must be calculated consistent with the Council's affordability standards. The new owner will be required to continue the deed restriction and assume the lien on the property.
(f) 
The Borough may, by resolution, forgive a loan and accumulated interest at any time. In the event a loan and interest is forgiven by the Borough, all obligations of the applicant under this section and any implementing agreement shall be deemed fully satisfied.
b. 
Grants from Municipal Bond Fund. An eligible applicant shall, upon the applicant's request, receive a grant from the Borough. Grant money would be made available from the Borough through bonding. Upon making such a grant the Borough shall have a lien on the subject property and the property owner shall execute necessary documents to effectuate the lien.
Based on the appropriations specified in subsection 12-3.6 grants will be made available from the Borough to eligible applicants under the terms specified below;
The following terms will apply to grants made for units that are owned by households who do not qualify as low or moderate but who will agree to rent the property to low or moderate income households and to units that are owner-occupied by low or moderate income households.
1. 
The Borough will make a grant to the applicant for the total amount of the cost of the rehabilitation. Although the grant will be made to the applicant, the proceeds of the grant will be paid to the individual(s) or business(es) who sell the material and/or labor for the project. Homeowners who contribute "sweat equity" will not receive financial remuneration for their efforts.
2. 
The applicant must agree and represent that he either lives in a low or moderate income household or that the property in question is or will be rented to a low or moderate income household.
3. 
The applicant must agree to furnish proof of income of the household occupying the premises in question in order to establish that the household qualifies as low or moderate. Proof of income will be required annually during a six-year period.
4. 
The applicant must agree that only a low or moderate income household will occupy the premises in question which restriction shall be valid for a period of six years from the date of completion of all improvements contemplated. The provisions of this paragraph shall be deemed to be a restrictive covenant running with the land in question and shall be binding on the applicant and successors in title for a six-year period.
5. 
The applicant must agree that annual rent to be paid by rental households shall not exceed more than 30% of the household's gross annual income. Rent control restrictions shall apply for a period of six years for rehabilitated units and 10 years for converted units. Reasonable annual rent increases may be imposed provided the annual rent shall not exceed 30% of the household's gross annual income.
6. 
In the event the premises in question are either sold or used for non-lower income housing purposes prior to six years from the date of completion of all improvements contemplated, all grant funds shall be returned to the Borough's Rehabilitation Fund immediately upon the occurrence of either event.
[Ord. No. 91-879 § 5]
No financial assistance shall be made available to homeowners without full compliance with the terms of this section and other applicable regulations. Any person who, through acts of fraud, violates this section or fails to comply with any of its requirements,
a. 
Shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
b. 
Shall make restitution for any or all funds paid by the Borough under the provisions of this section. Nothing herein contained shall prevent the Borough from taking such other lawful action as is necessary to prevent or remedy any violation.
[Ord. No. 91-879 § 6]
[Ord. No. 91-879 § 7]
This ordinance shall expire by its own terms on December 31, 1993, unless reenacted according to law.
a. 
No building or structure shall be occupied in whole or in part prior to the issuance of a certificate of construction records clearance (CRC). A CRC shall be required prior to the sale of any residential or commercial structure and prior to the rental of any tenant space in a commercial structure within the Borough.
b. 
Exceptions. The following transactions are exempt from obtaining a CRC as long as no change in physical occupancy occurs:
1. 
Transfer of title to correct a previously recorded deed.
2. 
Title eligible to be recorded as an ancient deed pursuant to N.J.S.A. 46:16-7.
3. 
Transfer of title between husband and wife, whether or not relating to divorce, or between former spouses if the transfer is incident to an order or judgment from any court of competent jurisdiction.
4. 
Transfer of title relating to new construction for which a Certificate of Occupancy is required.
5. 
Transfer of title by or to an executor, administrator or court order which affects a distribution of a descendant's estate in accordance with the provisions of the descendant's will or the intestate laws of the state.
6. 
Transfer of title due to refinancing, home equity loans, second mortgages.
7. 
Transfer of title by or to a receiver, trustee in bankruptcy or liquidation, or assignee for the benefit of creditors.
[Ord. No. 2018-1757]
[Ord. No. 2018-1757]
No owner shall permit the sale of a residential or commercial premises or rental of a residential or commercial premises covered under this section unless the requisite CRC has been issued. No purchaser or tenant shall occupy any premises covered under this section until the requisite CRC has been issued. Owners, tenants and occupants shall be jointly and separately responsible for failure to obtain the requisite CRC required hereunder. The owner or his authorized agent shall submit a written application and payment of fees at least 10 business days prior to the change of ownership and/or occupancy on the form provided by the Borough.
[Ord. No. 2018-1757; Ord. No. 2019-1791]
Prior to the issuance of any such certificate for any transaction, the enforcing agency shall conduct a records inspection to ensure that there are no open construction permits on subject premises. Should there be open permits on subject premises, all final inspections and prior approvals shall be obtained and appropriate Uniform Construction Code certificates shall be issued prior to issuance of the CRC. In addition, no CRC shall be issued until the enforcing agency has obtained a certification from the zoning officer that the premises are in compliance with all Borough land use ordinances and that all conditions of any prior land development approvals have been satisfied.
[Ord. No. 2018-1757; Ord. No. 2019-1798]
Regular Fee: The applicant shall submit a $35 fee with the application to cover the administrative cost.
Expedited Application Review Fee: If an application is filed less than 10 days before the Construction Records Clearance Certificate is needed, the fee for an expedited review shall be $75.
a. 
Any person, firm or corporation violating any provisions of this section shall, upon conviction, be punishable by a fine not exceeding $1,000, imprisonment for a period not exceeding 90 days and/or a period of community service no exceeding 90 days.
b. 
The issuance of a CRC shall not preclude the imposition of penalties upon subsequent discovery of violations.
[Ord. No. 2018-1757]
[Ord. #513 § 1]
Pursuant to N.J.S.A. 40:67-1(j), the following system of numbering buildings and lots in the Borough is hereby adopted for all purposes:
"Borough of Bernardsville, New Jersey, STREET NUMBER MAPS," dated August, 1974, prepared by Paul J. Passaro, Jr., Municipal Administrator/Engineer.
[Ord. No. 513 § 2]
The Borough Clerk is directed to notify all residents and property owners affected by the numbering system of the respective numbers assigned, which system and numbers shall be hereafter utilized by the persons so affected.
[Ord. No. 513 § 3]
All municipal officials and employees are hereby authorized and directed to amend all records or other documents where appropriate in order to reflect the numbering system and are hereafter directed to utilize said system for all matters of municipal business and concern.
[Ord. No. 513 § 3]
The Borough Clerk is hereby directed to notify the United States Postal Department of the numbering system adopted and request their compliance with the system for purposes of United States postal business.
All residents or property owners affected by the numbering system are directed to take such actions and accomplish such notices as may be necessary in their respective personal matters and concerns in order to reflect the system of numbering adopted herein. All such residents or property owners shall exhibit numbers assigned on all property on which a building or buildings exist in accordance with the following standards:
a. 
The numbers used shall be not less than three inches in height and shall be made of durable and clearly visible material; the numbers shall be legible and maintained in good order at all times.
b. 
The numbers shall be conspicuously placed immediately above, or at the side of the proper door of each building so that the number can be plainly seen from the street line. Whenever any building is situated more than 50 feet from the street line, the house number shall be placed near the walk, driveway or common entrance to such building and upon a gate, fence, tree, post or other appropriate place so as to be easily discernable from the sidewalk, street or roadway.
c. 
Residents or property owners shall have a period of 15 days from the date of notice thereof within which to comply with the terms of this section.
[Ord. No. 513 § 5; Ord. No. 2008-1485 § 1]
[Ord. No. 513 § 6; Ord. No. 2008-1485 § 1]
Any person obligated to comply with the requirements of this section who shall fail or refuse to display or cause to be displayed the number assigned to a particular parcel of property in conformity with the provisions of this section shall be subject to a fine not to exceed $100 for each offense and each day after the expiration of the notice provision of this section shall constitute a separate offense. The Borough Zoning Enforcement Officer, or his or her designee shall act as the enforcement officer under this section.