[1971 Code § 6-1.1a, b.]
a.
There is hereby established a State Uniform Construction Code Enforcing
Agency to be known as the Borough Code Enforcement Department, consisting
of a Construction Official, Building Subcode Officials, Plumbing Subcode
Officials, Electrical Subcode Officials, Fire Protection Subcode Official
and such other subcode officials for such additional subcodes as the
Commissioner of the Department of Community Affairs, State of New
Jersey, shall hereafter adopt as part of the State Uniform Construction
Code. The Construction Official shall be the Chief Administrator of
the enforcing agency.
b.
Each official position created in paragraph a hereof shall be filed
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. 215 and N.J.A.C. 5:23 to hold each such
position.
[1971 Code § 6-1.1c.; amended 6-21-2022 by Ord. No. 22-08]
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. The officers are hereby established
at Aberdeen Township, One Aberdeen Square, Aberdeen, New Jersey.
[1971 Code § 6-1.2; New]
The Monmouth County Construction Board of Appeals shall review
and determine the appeals of any appropriately aggrieved person from
any person aggrieved by an order of the local enforcing agency or
the Construction Department of the Borough of Matawan.
[1971 Code § 6-1.3; Ord. No. 95-24; Ord. No. 96-9; Ord. No. 96-10; Ord. No.
96-12; Ord. No. 96-14; Ord. No. 98-31; Ord. No. 96-17; Ord. No. 06-14; Ord. No. 09-02; Ord. No. 09-10; amended 6-21-2022 by Ord. No. 22-08]
a.
General.
1.
The fee for plan review, computed as a percentage of the fee for
a construction permit, shall be paid at the time of application for
a permit. The amount of this fee shall then be deducted from the amount
of the fee due for a construction permit, when the permit is issued.
Plan review fees are not refundable.
2.
The fee to be charged for a construction permit will be the sum of
the basic construction fees plus all applicable special fees. This
fee shall be paid before a permit is issued and proposed work commencing.
3.
The fee to be charged for a certificate of occupancy shall be paid
before a certificate is issued. This fee shall be in addition to the
construction permit fee.
4.
All fees shall be rounded to the nearest dollar.
5.
All fees paid under the regulations shall be nonrefundable except
as otherwise specifically set forth in the regulations. All fees shall
be paid by cash, check or money order, payable to the "Township of
Aberdeen."
b.
Fee schedule. The fees shall be as follows:
1.
Plan review fee. The fee for plan review shall be 20% of the amount
to be charged for a new construction permit. Elevator device plan
review shall be in the amount noted in N.J.A.C. 5:23-12.
2.
The basic construction permit fee shall be the sum of the parts computed
on the basis of the volume or cost of construction, the number of
plumbing fixtures and pieces of equipment, the number of electrical
fixtures and rating of electrical devices, the number of sprinklers,
standpipes and detectors (smoke and heat) at the unit rates and/or
the applicable flat fees as provided herein plus any special fees.
The minimum fee for a basic construction permit covering any and all
of the technical subcodes shall be $90.
(a)
Building volume or cost. The fees for new construction or alteration
are as follows:
(1)
Fees for new construction shall be based upon the volume of
the structure. Volume shall be computed in accordance with N.J.A.C.
5:23-2.28. The new construction fee shall be in the amount of $0.055
per cubic foot of volume for buildings and structures of all use groups
and types of construction as classified and defined in Articles 3
and 6 of the Building Subcode; except that the fee shall be $0.0011
per cubic foot for structures on farms, including commercial farm
buildings under N.J.A.C. 5:23-3.2(d), with the maximum fee for such
structures on farms not to exceed $1,602.
(2)
Fees for renovations, alterations and repairs or site construction
associated with preengineered systems of commercial farm buildings,
premanufactured construction, and the external utility connection
for premanufactured construction shall be based upon the estimated
cost of work. The fee for Use Groups R-3, R-4 and R-5 shall be in
the amount of $30 per $1,000. From $50,001 to and including $100,000,
the additional fee shall be in the amount of $18 per $1,000 of estimated
cost above $50,000. Above $100,000, the additional fee shall be in
the amount of $15 per $1,000 of estimated cost above $100,000. The
fee for all other use groups shall be in the amount of $30 per $1,000.
From $50,001 to and including $100,000, the additional fee shall be
in the amount of $21 per $1,000 of estimated cost above $50,000. Above
$100,000, the additional fee shall be in the amount of $18 per $1,000
of estimated cost above $100,000. For the purpose of determining estimated
cost, the applicant shall submit to the Agency such cost data as may
be available and produced by the architect or engineer of record,
or by a recognized estimating firm, or by the contractor. A bonafide
contractor's bid, or contract if available, shall be submitted.
The Construction Official and/or Subcode Official shall make the final
decision regarding the estimated cost/value.
(3)
Fees for additions shall be computed on the same basis as for
new construction for the added portion.
(5)
The fee for replacement type roof coverings shall be in all
use groups except for R-3-, R-4-, and R-5-type structures shall be
$50 per $1,000 of the estimated cost with a minimum fee of $90.
(6)
The fee for replacement siding shall be in all use groups except
for R-3-, R-4-, and R-5-type structures shall be $50 per $1,000 of
the estimated cost with a minimum fee of $90.
(7)
The fee charged for a private aboveground swimming pool as defined
in the building subcode, in Use Group R-3, R-4 and R-5 shall be $95.
The fee charged for a private in-ground swimming pool as defined in
the building subcode, in Use Group R-3, R-4 and R-5 shall be $250.
The construction fee for public swimming pools as defined in the building
subcode in all use groups other than R-3, R-4 and R-5 shall be computed
and based upon the cubic volume of the structure. The minimum fee
shall be $250.
(8)
The fee for replacement barriers surrounding and enclosing public
or private swimming pools shall have a flat rate of $90.
(9)
Tents. The fee for tents in excess of 900 square feet or more
than 30 feet in any dimension shall be $130.
(b)
Plumbing fixtures and equipment. The fees shall be as follows:
(1)
The fees shall be the amount of $35 per fixture, piece of equipment or appliance connected to the plumbing system, and for each appliance connected to the gas piping, propane or oil piping system, except as indicated in Subsection b2(b)(2) below.
(2)
The fee shall be $105 per special device for the following:
gas piping, grease traps, oil separators, refrigeration units, water
service connection, sewer service connection, backflow preventers
equipment with test ports (double-check valve assembly, reduced pressure
zone and pressure vacuum breaker backflow preventers), active solar
systems, sewer pumps and interceptors. There shall be no inspection
fee charged for gas service entrances.
(c)
Electrical fixtures and devices. The fee shall be as follows:
(1)
For the first block consisting of one to 50 receptacles, fixtures
or devices, the fee shall be $80 for each additional block consisting
of up to 25 receptacles, fixtures or devices, the fee shall be $30.
For the purpose of computing this fee, receptacles, fixtures or devices
shall include lighting fixtures, wall switches, convenience receptacles,
sensors, dimmers, alarm devices, smoke and heat detectors, communications
outlets, light-standards eight feet or less in height, including luminaries,
emergency lights, electric signs, exit lights or similar electric
fixtures and devices rated 20 amperes or less, including motors or
equipment rated less than one horsepower (hp) or one kilowatt (kw).
(2)
For each motor or electrical device rated from one hp or one
kw to 10 hp or 10 kw; for each transformer or generator rated from
one kw or one kva to 10 kw or 10 kva; for each replacement of wiring
involving one branch circuit or part thereof; for household electric
cooking equipment rated up to 16 kw; for each fire security or burglar
alarm control unit; for each receptacle rated from 30 amperes to 50
amperes; for each light-standard greater than eight feet in height,
including luminaries; and for each communications closet, the fee
shall be $40.
(3)
For each motor or electrical device rated from greater than
10 hp or 10 kw or 50 hp or 50 kw; for each service equipment, panel
board, switch board, switch gear, motor-control center, or disconnecting
means rated 225 amperes or less; for each transformer or generator
rated from greater than 10 kw or 10 kva to 45 kw or 45 kva; for each
electric sign rated from greater than 20 amperes to 225 amperes, including
associated disconnecting means; for each receptacle rated greater
than 50 amperes; and for each utility load management device, the
fee shall be $80.
(4)
For each motor or electrical device rated from greater than
50 hp or 50 kw to 100 hp or 100 kw; for each service equipment, panel
board, switch board, switch gear, motor-control center or disconnecting
means rated from greater than 225 amperes to 1,000 amperes; and for
each transformer or generator rated from greater than 45 kw or 45
kva to 112.5 kw or 112.5 kva, the fee shall be $145.
(5)
For each motor or electrical device rated greater than 100 hp
or 100 kw; for each service equipment, panel board, switch board,
switch gear, motor-control center or disconnecting means rated greater
than 1,000 amperes; and for each transformer or generator rated greater
than 112.5 kw or 112.5 kva, the fee shall be $640.
(6)
The fee charged for electrical work for each permanently installed private aboveground swimming pool as defined in the building subcode, spa, hot tub or fountain shall be a flat fee of $100 and $175 for in-ground swimming pools which shall include any required bonding and associated equipment, such as filter pumps, motors, disconnecting means, switches, required receptacles, and heaters, etc., excepting panelboards. For each storable pool or hydromassage bath, the fee shall be $75. For public swimming pools, the fee shall be charged on the basis of number of electrical fixtures and rating of electrical devices involved in accordance with Subsection b2(c)(1) through (5) above. The fee charged for the annual electrical inspection of swimming pools, spas or hot tubs shall be $100.
(7)
The fee charged for the installation of single and multiple
station smoke or heat detectors and fire, burglar or security alarm
systems in any one- or two-family dwelling shall be a flat fee of
$75 per dwelling unit. For fire, burglar and security alarm systems
and detectors in building other than one- or two-family dwellings,
the fee shall be a flat fee of $150.
(8)
For installations consisting of multimeter stacks, the fee shall be based on the ampere rating of the main bus and not upon the number of meters or rating of disconnects on the meter stack. Individual loadside panel boards shall be charged in accordance with Subsection b2(c)(3), (4) or (5) above. There shall be no additional fee charged for the concurrent installation of individual feeder conductors.
(9)
For motors or similar devices requiring concurrent installation
of individual controls, relays and switches, the fee shall be based
only upon the rating of the motor or device. There shall be no additional
fee charged for the concurrent installation of individual circuit
components, for example, controllers, starters, and disconnecting
means.
(11)
The fee charged for process equipment shall be based on the
ampere rating of the overcurrent device protecting the conductor feeding
the process equipment or the cutoff device.
(12)
For the purpose of computing these fees, all electrical and
communications devices, utilization equipment and motors, which are
part of premises wiring, except those which are potable plug-in type,
shall be counted.
(14)
The fee for any item not listed and that is regulated by the
NJ Uniform Construction Code shall be $35.
(d)
For fire protection and hazardous equipment, sprinklers, standpipes,
detectors (smoke/heat/carbon monoxide), preengineered suppression
system, gas and oil fired appliances not connected to the plumbing
system, kitchen exhaust systems, incinerators and crematoriums, the
fee shall be as follows:
(1)
The fee for 20 or fewer heads or detectors shall be $91; for
21 to and including 100 heads, the fee shall be $168; for 101 to and
including 200 heads, the fee shall be $321; for 201 to and including
400 heads, the fee shall be $831; for 401 to and including 1,000 heads,
the fee shall be $1,150. In computing fees for heads and detectors,
the number of each shall be counted separately and two fees, one for
heads and one for detectors, shall be charged.
(2)
The fee for each individual standpipe shall be $321.
(3)
The fee for each independent preengineered system shall be $150.
(4)
The fee for each gas, oil or propane fired appliances in existing
buildings and Use Groups R-3, R-4 and R-5 shall be $65 per unit and
$75 per unit for all other use groups.
(5)
The fee for each solid fuel-burning device shall be $75 per
unit.
(6)
The fee for each fire pump shall be $250 per unit.
(7)
The fee for each commercial-type kitchen exhaust system shall
be $180.
(8)
The fee for each incinerator shall be $510.
(9)
For single and multiple station smoke detectors, heat detectors,
carbon monoxide detectors and fire alarm systems installed in R-3-,
R-4- and R-5-type dwellings, there shall be a flat fee of $55 per
dwelling unit. For detectors and fire alarm systems installed in all
other buildings and use groups other than R-3-, R-4- and R-5-type
dwellings, the fee shall be charged in accordance with Subsection
b2d(1) above.
(10)
The minimum fee for the installation, relocation or replacement
of illuminated or self-luminous exit signs, exit directional signage
and/or emergency lighting fixtures shall be $75 for the first 12 devices
and $15 for each additional device thereafter.
(11)
The fee for placards and/or replacement placards shall be $55
per set.
(12)
The fee for the installation, relocation or replacement of each
fire protection device not specified above or otherwise shall be $40
per device. Such devices may include, but not be limited to, voice
alarms, speakers, Fire Department communication devices, equipment
controls, replacement valves and fittings, etc.
(13)
The fee for any item not listed and that is regulated by the
NJ Uniform Construction Code shall be $35.
c.
Fees for certificates and other permits are as follows:
1.
The fee for a demolition permit shall be $150 for any single structure.
The fee for a tank abandonment or removal permit shall be $80 per
tank. Each additional structure demolished shall be $25.
2.
The fee for a permit to construct a sign shall be in the amount of
$7 per square foot surface area of the sign, computed on one side
only for double-faced signs. The minimum fee shall be $95. Exception:
No permit is required for signs installed in accordance with N.J.A.C.
5:23-2.14(b)6.
3.
The fee for a certificate of occupancy shall be in the amount of
10% of the total construction permit fee. The minimum fee shall be
$75 for R-3-, R-4- and R-5-type use groups and the minimum fee for
all other use groups shall be $150 per building, tenant space or unit.
4.
The fee for an extension of an expired temporary certificate of occupancy
shall be $45 per extension.
5.
The fee for a certificate of occupancy granted pursuant to a change
of use group shall be $250.
6.
The fee for a certificate of continued occupancy issued under N.J.A.C.
5:23-2.23(c) shall be $250.
7.
The fee for plan review of a building for compliance under the alternate
systems and nondepletable energy source provisions of the energy subcode
shall be $385 for one- and two-family homes (Use Groups R-3, R-4 and
R-5 of the building subcode), and for light commercial structures
having the indoor temperature controlled from a single point, and
$1,915 for all other structures.
8.
The fee for an application for a variation in accordance with N.J.A.C.
5:23-2.10 shall be $820 for Class I structures and $120 for Class
II and Class III structures. The fee for resubmission of an application
for a variation shall be $300 for Class I structures and $90 for Class
II and Class III structures.
9.
The fee for a permit for lead hazard abatement work shall be $195.
The fee for a lead abatement clearance certificate shall be $40.
10.
The fee to reinstate lapsed, suspended or revoked permits noted in
N.J.A.C. 5:23-2.16(b) or N.J.A.C. 5:23-2.16(f) or otherwise shall
be $25 per outstanding subcode. This fee may be waived at the discretion
of the Construction Official.
11.
The fee for DCA plan review for elevator devices shall be in the
amount as published and noted in N.J.A.C. 5:23-4 and N.J.A.C. 5:23-12.
12.
The fee for a mechanical inspection in a Use Group R-3 or R-4 structure
by a mechanical inspector shall be $43 for the first device and $10
for each additional device. No separate fee shall be charged for gas,
fuel oil, or water piping connections associated with the mechanical
equipment.
13.
The fee for the annual electrical inspection of swimming pools, spas
or hot tubs shall be $125 per unit.
d.
(Reserved)
e.
Annual permit requirements are as follows:
1.
The fee to be charged for an annual construction permit shall be
charged annually. This fee shall be a flat fee based upon the number
of maintenance workers who are employed by the facility, and who are
primarily engaged in work that is governed by a subcode. Managers,
engineers and clericals shall not be considered maintenance workers
for the purpose of establishing the annual construction permit fee.
Annual permits may be issued for building/fire protection, electrical
and plumbing.
2.
Fees for annual permits shall be as follows:
(a)
One to 25 workers (including foremen) $667/worker; each additional
worker over 25, $232/worker.
(b)
Prior to the issuance of the annual permit, a training registration
fee of $140 per subcode and a list of not more than three individuals
to be trained per subcode shall be submitted by the applicant to the
Department of Community Affairs, Bureau of Code Services, Training
Section, along with a copy of the construction permit (Form F170).
f.
Elevator devices: test and inspection fees. The Elevator Unit at
the Department of Community Affairs ("DCA") performs all plan review
and inspection services of elevator devices and equipment for the
Township. The fees established, effective and published by DCA for
plan review, inspections, variations, etc., shall be in the amount
as noted in N.J.A.C. 5:23-4 and N.J.A.C. 5:23-12, respectively. A
copy of the current DCA fee schedule is available upon request and
adopted herein.
[Ord. No. 98-35]
No person shall be charged a construction permit surcharge fee
or enforcing agency fee for any construction, reconstruction, alteration
or improvement designed and undertaken solely to promote accessibility
by disabled persons to an existing public or private structure, or
any of the facilities contained herein.
[Ord. No. 95-36]
a.
Required; Deposit of Fee. Any applicant for zoning, construction,
or demolition permit shall be required to identify to the Construction
Code Official and/or Building Inspector, prior to construction or
demolition permit being issued, all arrangements for disposal and
recycling of appropriate materials. The applicant shall provide satisfactory
documentation regarding the disposal and recycling of the same after
that has been accomplished. A dollar amount of the percentage of the
cost of the issuance of the permit shall be required to be placed
with the Construction Code Official or with the Construction Code
Department and held until such time as documentation is produced to
the satisfaction of the municipality concerning compliance with the
terms and conditions herein.
b.
Hazardous Materials. Prior to the issuance of a zoning, construction,
or demolition permit for any work where there is a presence of materials
classified as hazardous by any regulatory government agency, the applicant
shall provide the Construction Code Official and/or Building Inspector
with a statement specifying the type and quantity of hazardous materials,
the method of disposal and an approval from the Monmouth County Health
Department of the method of handling, transporting, and disposing
of the same.
c.
Underground Storage Tanks; Contaminated Soil. In the event of underground
storage tanks or contaminated soil, the appropriate regulatory procedures
shall be followed as a prerequisite to the issuance of a removal,
zoning, construction or demolition permit.
d.
Minor Construction; Exceptions. In the event of a small quantity
of generators engaged in a minor home construction, that Construction
Code Official and/or Building Inspector shall, in his discretion,
have the authority to grant exceptions to the terms and conditions
of this subsection.
[1971 Code § 6-1.4]
Fire limits shall be established pursuant to N.J.A.C. 5:23 by
ordinance on or before July 1, 1977.
The Construction Official shall prepare and submit to the Borough
Council biannually, a report reevaluating the delineation of the fire
limits. This report shall indicate the recommendation of the Construction
Official, the Building Subcode Official, and the Fire Subcode Official
regarding those areas which should be designated as within fire limits,
with the reasons therefor.
[Added 10-1-2019 by Ord.
No. 19-18]
a.
No person shall be charged a Borough construction fee or enforcing
agency fee for any construction, alteration and improvement designed
and undertaken solely to renovate a previously occupied and currently
vacant wholly commercial structure or currently vacant commercial
unit within an existing commercial structure for the purpose of obtaining
a certificate of occupancy in the designated area in need of rehabilitation
of the Borough of Matawan. The waiver of fees shall not include Uniform
Construction Code surcharge fees as applicable or fees mandated by
any federal, state or New Jersey administrative agency.
b.
For purposes of this section, the structure or the commercial unit
within a structure that is being renovated for commercial use shall
be required to be vacant for 12 months prior to the permit application
in order to be eligible for the waiver of the within fees. The applicant
shall be required to establish that the structure, or the unit within
the structure, has been vacant to the satisfaction of the Construction
Official for a period of one year prior to the application. A waiver
shall be limited to a renovation or alteration of units of less than
5,000 square feet. For purposes of calculating square footage, a vacant
commercial unit of 5,000 square feet or less shall qualify for the
waiver of fees if the unit existing prior to and after renovations
is equal to or less than 5,000 square feet, regardless of the total
size of the structure. Commercial units that exceed 5,000 square feet
prior to or after renovation shall not qualify for the waiver of fees.
1.
The within section shall not be applicable to any building or structure
which is currently or proposed to be a residential or mixed residential
and commercial structure. The provision for exemption do not apply
to renovating or improvements of any residential structures or units,
even if said unit is within a commercial building. No residential
units are permitted to apply for said exemption, including single
and multifamily units; single room occupancy or efficiency units;
motel/or hotel units and residential transitory structures of any
type.
c.
For purposes of this section, no waiver of fee shall be provided
to any commercial structure or commercial unit within a structure
if the commercial property has outstanding property taxes due to the
Borough of Matawan or outstanding property maintenance violations
which fines and penalties have not been paid by the party who has
an interest in the property. For purposes of this section, it is the
legal obligation of the owner of the property to have any outstanding
obligation paid by it prior to the application for the within exemption.
d.
This section shall expire on December 31, 2020, unless extended by
resolution by the Borough Council of the Borough of Matawan.
e.
The within section and the fee waiver is only applicable to the properties
that are referenced by lot and block numbers that are commercial properties
identified in a letter dated July 8, 2019, from the State of New Jersey,
Department of Community Affairs, attached to the within section and
made a part hereof by reference.[1]
[1]
Editor's Note: Said letter is on file in the Borough offices.
[1971 Code § 6-2.1]
No person shall remove or demolish or commence the removal or
demolition of any building or structure in the Borough without first
filing with the Construction Official an application in writing and
obtaining a formal permit.
[1971 Code § 6-2.2]
An application for a removal or demolition permit shall be submitted
in writing in the form prescribed by the Construction Official. The
application shall contain the full name and address of the applicant
and the owner and if the owner is a corporation, of its responsible
officer. The application shall also briefly describe the proposed
removal or demolition and shall be accompanied by a plot plan showing
the buildings or structures to be removed or demolished and the buildings
or structures on the same lot that are to remain. The application
may be made by the owner or lessee, or agent of either, or the contractor
employed in connection with the proposed removal or demolition. If
the application is made by a person other than the owner in fee, it
shall be accompanied by a duly verified affidavit of the owner in
fee or the person making the application that the proposed work is
authorized by the owner in fee and that the person making the application
is authorized to do so.
The application shall further be accompanied by an indemnity
bond in the sum of $5,000 to guarantee the clearing, filling-in and
restoration of the site as hereinafter provided, together with a certificate
indicating liability insurance coverage in the sum of $100,000 by
a properly accredited insurance company to indemnify and save harmless
the Borough against loss or damage by reason of injury to persons
or property.
[1971 Code § 6-2.3]
The fee for a permit for the removal of a building or structure from one lot to another, or to a new location on the same lot, shall be the fees as established in subsection 13-1.4, plus the cost of new foundations and all work necessary to place the building or structure in its completed condition in the new location. The fee for a permit for the demolition of a building or structure shall be the fees as established in subsection 13-1.4. Any permit issued hereunder shall be good for a period of six months. In the event the demolition has not been started within this period of time or in the event the owner advises the Construction Official that the applicant no longer desires to perform the demolition the Construction Official, upon proper application, shall refund the permit fee to the applicant. In the event any demolition was started, the applicant shall not be entitled to any refund.
[1971 Code § 6-2.4; Ord. No. 12-01]
No permit to remove a building or other structure shall be issued
until notice of application has been given to the owners of property
adjoining the property upon or from which the building or structure
is to be moved and to the owners of wires or other impediment, the
temporary removal of which will be necessary, and an opportunity has
been given the owners to be heard upon the application.
[1971 Code § 6-2.5; Ord. No. 12-01]
The Construction Official, upon receipt of an application for
a removal or demolition permit, shall immediately notify, in writing
the Tax Assessor, the Historic Site Commission and Health Officer.
Each entity shall review and examine the application within 20 days
of receipt. Findings and facts regarding the review of the application
shall be in writing and submitted to the Borough Clerk for distribution.
Representative of one or all entities may be required to present their
report at the hearing before the Governing Body.
Any building or other structure, that is the subject of application for demolition and is classified over 100 years in age by the Historic Site Commission, shall have a public hearing. Said hearing shall be held before the Governing Body and receive permission by resolution before any permits are issued. The hearing shall be held in public within 30 days after receipt of any comments and reviews required in subsection 13-2.5.
If, after permission is granted by the Governing Body by resolution
for any building or other structure classified over 100 years or after
examination by the Construction Official of those not classified over
100 years, he finds no objections to the same and it appears that
the proposed work will be in compliance with the applicable laws and
ordinances and the proposed construction or work will be safe, he
shall approve the application and give written notice to the applicant,
who shall cause a rodent, vermin and insect extermination to be carried
out in the premises and furnish written certification to the Construction
Official. The Construction Official shall then issue a permit for
the proposed work provided that commencement shall not take place
until at least 24 hours advance notice has been given to the Construction
Official and the owners or tenants of properties adjoining the property
in question. A permit under which no work is commenced within six
months after issuance shall expire by limitation and a new permit
shall be secured before work is commenced.
[1971 Code § 6-2.6]
Upon notice to the utility company involved, all abandoned water,
electric, sewer and other service connections shall be plugged and
sealed and releases shall be secured from the utility companies and
from the Plumbing Subcode Official of the Borough.
[1971 Code § 6-2.7]
When a building has been demolished and no building operation
has been projected or approved, the lot shall be filled, graded and
maintained in conformity with the established street grades at curb
level. The lot shall be maintained free from the accumulation of rubbish
and all other unsafe or hazardous conditions which endanger the life
or health of the public, and provisions shall be made to prevent the
accumulation of water or damage to any foundations on the premises
or on private or public property.
Pursuant to Ordinance No. 13-06, former Section 13-3, Certificate of Occupancy Information Checklist for Residential Resale and Change of Rental Occupancy has been moved to Section 17-3.
[1971 Code § 6-4.1]
As used in this section:
Shall mean a pool which is constructed or installed to provide
swimming, bathing or wading facilities for the recreation of the owner
or occupant of a house and his family and guests and which is so located
as to be an accessory use to a residence. This definition shall include
all buildings, structures and equipment constructed or used in connection
with a private swimming pool.
Shall mean any aboveground level swimming pool which is not
designed to be permanently filled in one place, but which is intended
to be capable of being removed and stored.
Shall mean a private pool which is not capable of being used
for swimming. It includes portable pools having a capacity of less
than five hundred (500) gallons and all pools portable or otherwise
with a maximum depth of 12 inches or less.
[1971 Code § 6-4.2]
No person shall construct, install or maintain a private pool
without first obtaining a permit from the Construction Official.
[1971 Code § 6-4.3]
Applications for permits under this section shall be made to
the Construction Official and shall contain the following information:
a.
The name and address of the applicant.
b.
The street address of the property where the pool is to be constructed
or installed, if other than the address of the applicant.
c.
A set of plans and specifications of the proposed pool which indicate
the type, location and purpose of all structures and equipment to
be used in connection with it, including filtration, chlorination
and testing equipment.
d.
A plot plan drawn to scale showing the property lines of the lot
upon which the pool is to be constructed or installed, all existing
structures on the lot, the location of the pool and its distance from
the house, the property line and the street abutting the property.
e.
A description of the fence or other enclosure to be constructed around
the proposed pool, including type, height and the number and location
of gates or doors. The information required by this paragraph may
be included as part of the plot plan.
f.
A statement as to the method to be used to dispose of waste water
from the swimming pool.
The application and all required plans and specifications shall
be in duplicate.
[1971 Code § 6-4.4]
The Construction Official shall forward one copy of the application,
together with the plans and specifications accompanying it, to the
County Health Officer, who shall, within five days, return it with
his findings and recommendations. No permit shall be issued unless
the County Health Officer approves the application.
[1971 Code § 6-4.5]
The Construction Official shall act on the application within
five days after receiving the findings and recommendations of the
County Health Officer. The Construction Official may either approve
or disapprove the application as submitted or approve it conditionally
subject to modifications or changes in the plans and specifications.
If it is approved conditionally, no permit shall be issued until an
amended set of plans and specifications has been filed, except that
where the modifications or changes are minor, the Construction Official
may issue the permit upon the applicant consenting, in writing, to
the required modifications or changes.
[1971 Code § 6-4.6]
Fees shall be paid upon the filing of the application. Fees
for a permit required by this section shall be as follows:
[1971 Code § 6-4.7]
a.
No pool shall be construed or installed within 10 feet of any property
line except as provided in paragraph b.
b.
In lots having a width of less than 80 feet upon which an existing
dwelling is located, no pool shall be installed within five feet of
any property line.
c.
No pool shall be installed within 30 feet of any street line or closer
to the street than the existing building setback line, whichever is
greater.
d.
No private swimming pool shall be constructed or installed on any
lot unless a residence building is also maintained on that lot or
an adjacent lot.
e.
The Unified Planning Board may grant or recommend to the Borough
Council a variance from the provisions of this subsection in the same
manner that other variances are granted or recommended. For that purpose,
this subsection shall be considered to be part of the zoning regulations
of the Borough.
[1971 Code § 6-4.8]
a.
In General. All materials used in the construction of a private pool
shall be of durable construction and waterproof and the pool itself
shall be designed so as to facilitate its easy emptying, cleaning
and disinfecting.
b.
Sides and Bottom. The sides and bottom of the pool shall be smooth
and free from cracks and open joints.
c.
Inlets. Inlets shall be located and spaced in a manner that will
assure satisfactory dispersion of incoming water throughout the pool
and facilitate its draining, cleaning and disinfecting.
d.
Color. The bottom and sides of the pool shall be either white or
a light color, except that the use of aluminum paint is prohibited.
[1971 Code § 6-4.9]
There shall be no physical connection between a private pool
or its recirculating and treatment system and a public or private
water supply system which is a source of water used or useable for
drinking purposes unless the connection is designed and installed
so as to make impossible siphoning or discharge of pool water into
the water supply system.
[1971 Code § 6-4.10]
a.
Where it can be done without causing a nuisance or an unhealthy condition,
the drainage from a private pool shall be dispersed upon the property
on which the pool is located or into a sand filtering pit.
b.
Where a pool cannot be drained as provided in paragraph a., it may,
with the approval of the County Health Officer be drained into a seepage
pit or storm sewer, if accessible, or be drained in any other manner
that the County Health Officer may specify.
c.
In no case shall the drainage from a private pool be permitted to
flow onto any public street without the permission of the Borough
Council or onto the premises of any abutting property owner.
[1971 Code § 6-4.11]
a.
All pools shall be surrounded by a fence or wall of substantial construction
not less than four feet in height with no openings larger than three
inches except for gates or doors. The fence or wall shall be so constructed
as to prevent any person from gaining access to the pool beneath or
over it.
b.
For the purposes of paragraph a., a dwelling or accessory building
may be used as part of the enclosure.
c.
Every fence or wall shall be provided with one or more gates or doors
of the same height as the fence or wall equipped with a self-closing
or self-latching device capable of keeping them securely closed. Gates
or doors must be locked when the pool is not in use.
d.
Wading pools not provided with a fence or wall as required by this
subsection shall be either emptied or covered with a suitable strong
protective covering fastened securely in place when the pool is not
in use.
e.
This subsection shall not apply to aboveground pools more than 48
inches in height, provided that all steps, ladders or other means
of access to the pool are removed when the pool is not in use, nor
to cases where the entire premises on which the pool is located are
surrounded by a fence which meets the requirements of this subsection.
[1971 Code § 6-4.12]
Lights used to illuminate any private pool shall be located
and shaded so as to reflect the light away from adjoining premises.
