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subcode, are hereby repealed and transferred to the Department of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]
[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.
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.
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.
Shall mean the Council established by the New Jersey Fair
Housing Act, N.J.S.A. 52:27D-301 et seq.
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.
Shall mean the procedures and provisions of this section
to provide technical and financial assistance for the rehabilitation
or conversion.
Shall mean the Fund established in subsection 12-3.6, paragraph a of this chapter.
Shall mean a person hired by the Borough to perform the duties listed in subsection 12-3.4.
Shall mean deficient housing units occupied by low and moderate
income households within a municipality.
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.
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.
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.
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.
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.
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,
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 current 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. All CRCs shall expire
90 days from the date of their issuance.
[Amended 9-14-2020 by Ord. No. 2020-1851]
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.
