a.
There is hereby established in the borough a State Uniform Construction
Code enforcing agency to be known as the "building department," consisting
of a construction official, building subcode official, plumbing subcode
official, electrical subcode official, fire protection subcode official,
and such other subcode officials for such additional subcodes as the
Commissioner of the Department of Community Affairs, State of New
Jersey, shall hereafter adopt as part of the State Uniform Construction
Code. The construction official shall be the chief administrator of
the enforcing agency.
b.
Each official position created in subsection a 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. 5:23 to hold each such position.
c.
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.
a.
There is hereby established a construction board of appeals to hear
appeals from decisions by the enforcing agency. Such board shall consist
of five members. At least one board member shall be a registered architect
or licensed professional engineer of building construction experience,
and at least one board member shall be as qualified as a plumbing
subcode official, and one as qualified as an electrical subcode official.
No more than two board members shall be selected from the same business
or profession. Each board member shall have had at least three years
experience in construction, design or supervision as a licensed engineer
or registered architect; or, in the alternative, five years experience
in construction, design or supervision as an architect or engineer
with a bachelor's degree in architecture or engineering, respectively,
from an accredited institution of higher education: or as a further
alternative, 10 years experience in construction, design or supervision
as a journeyman in a construction trade or as a construction contractor,
subcontractor or inspector.
b.
The borough council shall appoint the board members and any alternate
members. For the members first appointed, the borough council shall
designate the appointees' terms so that one shall be appointed
for a term of one year, one for a term of two years, one for a term
of three years, and two for a term of four years. At the expiration
of such terms and thereafter, appointments shall be made for terms
of four years. Vacancies shall be filled for the unexpired term.
The borough council shall appoint such number of alternates,
as may be appropriate, for terms not to exceed four years; or may
in the alternative, appoint alternates on a case by case basis. No
regular or alternative board member may be a member of the enforcing
agency, the decisions of which are subject to the review of the board.
c.
There will be no compensation for regular or alternate members unless
established by the borough council by amendment hereto.
[Ord. No. 2017-07]
a.
The fee for a construction permit shall be the sum of the subcode
fees listed in 1 through 29 hereof and shall be paid before the permit
is issued.
1.
The building subcode fee schedule shall be:
(a)
$0.027 Per cubic foot volume new residential construction including
commercial and additions.
$0.0016 Per cubic foot — N.J. Training Fee
$0.80 Per $1,000 — N.J. Training Fee for alterations
excluding demolition and tank removal.
(b)
For renovations, alterations and repairs, the permit fee shall
be based upon the estimated cost of the work. The fee shall be in
the amount of $34 per $1,000 up to $50,000. From $50,001 to and including
$100,000, the additional fee shall be in the amount of $26 per $1,000
of estimated cost exceeding $50,000. Above $100,000, the additional
fee shall be in the amount of $22 per $1,000 of estimated cost exceeding
$100,000.
For the purpose of determining the estimated cost of the renovation,
alteration or repair, the applicant shall submit in the department
the cost data if available, produced by the architect or engineer
of record, recognized estimating firm or contractor. A bona fide contractor's
bid, if available, shall be submitted.
The building department shall have full and final discretion
in determining the estimated cost of the renovation, alteration or
repair. The minimum fee shall be $100.
(c)
For combinations of renovations and additions, the fee shall
be the sum of the fees computed as renovations and additions.
2.
The plumbing fee shall be in accordance with the Uniform Construction
Code. (Minimum fee - $50)
3.
The fee for plan review shall be 20% of the construction permit with
a minimum fee of $75. These amounts, which shall be nonrefundable,
shall be credited toward the fee for construction permit. The plan
review fee shall be paid prior to the review of the plans by the subcode
official.
4.
The fee for a sewer connection shall be $125.
5.
The fee for a permit for the demolition of a building or structure,
or part thereof, shall be $500. The fee for the demolition of a commercial
building or structure, or part thereof, shall be $1,000. The fee for
the demolition of a garage shall be $100 (according to size).
6.
The removal of a building or structure from one lot to another or
to a new location on the same lot shall be $5 per $1,000 of the sum
of the estimated cost of moving and placement in a new foundation,
provided the minimum fee shall be $50.
7.
The fee for a permit for construction of a wood or chain link fence
shall be $50. The fee for the construction of masonry walls shall
be $150. The fee for permit for installation of railroad tie walls
shall be $100.
8.
The fee for a permit for construction of a deck or other elevated
porch area shall be $150.
9.
The fee for a permit for reroofing of any residential or commercial
building shall be based upon the estimated cost of the work. The fee
shall be in the amount of $24 per $1,000 up to $50,000. Above $50,001
the additional fee shall be in the amount of $18 per $1,000 of estimated
costs.
10.
The fee for a permit for installation of aluminum siding shall be
$200.
11.
The fee for the installation of a prefabricated shed shall be $50;
and the fee for installation of all other sheds shall be $100.
12.
If the borough elects to have a third party agency, the elevator
subcode fee shall be the departmental fees as set forth in N.J.A.C.
5:23-4.20 C-6 and 7 and N.J.A.C. 5:23-12, plus an administrative fee
of 7%.
13.
The fee for a permit for construction of an in-ground swimming pool
shall be $250; an aboveground pool shall be $200. The fee for a permit
for the installation of pavers around a pool shall be $150. In addition
thereto, the applicant shall be responsible for any electric, plumbing
and fence fees.
14.
The fees for certificates of occupancy shall be as follows:
(a)
The fee for a certificate of occupancy for a residential dwelling
shall be 5% of the construction permit fee, with a minimum fee of
$65. The fee for a certificate of continued residential occupancy
shall be $50.
(b)
The fee for a certificate of occupancy for a commercial building
shall be 5% of the construction permit fee with a minimum fee of $85.
(c)
The fee for a certificate of occupancy, for tenants of a commercial
building shall be $25.
(d)
The fee for a commercial continued certificate of occupancy
for title change, shall be $100.
(e)
The fee for a multiple certificate of occupancy shall be $100.
15.
The developer of a new commercial property shall forward all plans
concerning commercial structures directly to the State approved certified
review agency for its review. Upon State approval, the construction
official shall determine the total fee, which shall be based upon
$0.009 per cubic foot to be paid by the applicant directly to the
agency. The applicant shall receive a credit for any fees paid to
the agency. Renovations, alterations, and/or repairs of commercial
structures shall be based upon the same fee schedule as for residential
properties.
16.
The provisions of the foregoing fee schedule do not apply to State,
county or municipal agencies.
17.
(Reserved)
18.
(Reserved)
19.
The fee for a permit to construct an identification sign shall be
$200. The fee for a permit to construct an illuminated sign shall
be $500.
20.
The fee for placement of a brokerage sign shall be $50.
21.
Electrical fee should be in accordance to Uniform Construction Code.
Minimum fee - $50.
22.
The fee for installation of stucco shall be $300.
23.
The fee for installation of a hot water heater shall be $50.
24.
The fee for installation of a prefab fireplace shall be $50. The
fee for a masonry fireplace shall be $100.
25.
(Reserved)
26.
(Reserved)
27.
The fee for fire protection shall be based on the number of sprinkler
heads, standpipes, smoke and heat detectors established by the New
Jersey Uniform Construction Code. The minimum fee shall be $65.
28.
The fee for tank installation, residential, shall be $50. The fee
for tank installation, commercial, shall be $75.
29.
The fee for tank abandonment shall be $50. The fee for tank removal
shall be $100.
b.
The construction official shall, with the advice of the subcode officials,
prepare and submit to the borough biannually, a report based on the
operating expenses of the agency, and other expenses of the municipality
fairly attributable to the enforcement of the State Uniform Construction
Code Act.
c.
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 per cubic foot
of volume of new construction. The fee shall be $0.80 per $1,000 for
alterations. Said surcharge fees shall be remitted to the Bureau of
Housing Inspection. Department of Community Affairs, on a quarterly
basis for the fiscal quarter ending September 30, December 31, and
June 30, and not later than one month next succeeding the end of the
quarter for which it is due. In the fiscal year in which the Regulations
first become effective, said fee shall be collected and remitted for
the third and fourth quarters only.
The enforcing agency shall report annually at the end of each
fiscal year to the Bureau, not later than July 31, the total amount
of the surcharge fee collected in the fiscal year. In the fiscal year
in which the regulations first become effective, said report shall
be for the third and fourth quarters only.
The following fire limits established pursuant to N.J.A.C. 5:23
shall be incorporated herein by July 1, 1997.
The construction official shall prepare and submit to the Borough
of Englewood Cliffs annually, a report reevaluating the delineation
of the fire limits. This report shall indicate the recommendations
of the construction official, the building subcode official, and the
fire subcode official regarding those areas which should be designated
as within the fire limits, with the reasons therefor.
a.
Preamble. The provisions of Chapter 291, Public Law 1975 provide
that the borough may by ordinance designate a person other than the
borough clerk as the administrative officer as defined in Chapter
291, Public Law 1975; and the mayor and borough council deem it advisable
that the construction code official of the borough be designated as
the administrative officer for the purposes specified in Chapter 291,
Public Law 1975;
b.
The construction code official of the borough is designated as the
administrative official for all purposes specified in Chapter 291,
Public Law 1975 in place and instead of the borough clerk as designated
therein.
The code established and adopted and which governs the provisions
of this section is described and commonly known, for the purpose of
identification, as the Building Officials and Code Administrator's
Basic Property Maintenance Code of 1978, the provisions of which are
incorporated and made a part hereof, without inclusion herein as if
set forth herein in their entirety. The Code shall govern construction
within the Borough of Englewood Cliffs except where modified by, or
in conflict with, the supplemented provisions of this section in which
case the provisions of this section shall govern.
In accordance with the general purposes and powers granted to
municipalities through the provisions of R.S. 40:55-30, et seq. and
to accomplish these said purposes, namely, regulating and restricting
residential building throughout the municipality according to the
construction thereof, for the purposes of preventing the over-crowding
of lands or buildings, avoiding undue concentration of population
and specifically with a view of conserving the value of the surrounding
property and thereby encouraging the most appropriate use of land
within the borough, this section is hereby adopted. It is further
a purpose to the enactment of this section to generally promote the
health and general welfare of the community and to maintain the property
values, which in turn will be reflected in the tax revenue returnable
to the borough at large and thereby further create a proper balance
between the taxable value of real property in said areas and the cost
of any and all municipal services to be provided therefor. Moreover,
it is the intention of the borough council in conjunction with the
advice of the planning and zoning commission to provide for a comprehensive
scheme and plan for the future development of the borough.
Except as provided in this section, the building subcode official
shall not issue a building permit for the construction of any dwelling
in a housing development where there is located within 150 feet of
the property line upon which the proposed structure is to be built
a dwelling now in existence or for which a building permit has already
been issued having the same exterior design and appearance as that
for which the building permit has been sought. Distance measured shall
be the distance between street property lines of the respective building
plots. Control of the issuance of the permits shall be in the hands
of the building subcode official, who is to be guided in all instances
by the building code, zoning ordinance, this chapter or any other
ordinances now or hereafter to come into existence.
Houses within such specified distance from each other shall
be considered uniform and similar in exterior design and appearance,
if they have more than one of the following characteristics:
a.
The same basic dimensions and floor plans without differentiation
of one or more exterior elevations.
b.
The same basic dimensions are used without change in orientation
of the houses on the lots.
c.
The height and design of the roofs are without change in design and
appearance.
d.
The size and type of windows and doors in the front elevation are
without differentiation.
e.
The same use is made of brick and/or stone whether used for facing
or as a basic building material where the end result of such similar
use will be to create the same aesthetically architectural effect
thus creating an overall scheme or plan resulting likeness of exterior
appearance.
|
The provisions, requirements and standards heretofore set forth
shall not be considered met where there is an attempt to make minor
changes or deviations from building plans and location surveys, which
changes show an obvious intent to circumvent the purposes of this
section.
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In addition to the requirements specified in subsection 9-2.3, there shall be not less than two separate basic house designs in every housing development consisting of eight or more houses, and not less than three separate house designs where there are 15 or more houses.
The building subcode official shall have the right to refuse
building permits and/or certificates of occupancy where there have
been apparent violations of this section. In the event that violation
occurs, the building subcode official, upon noting the violation,
shall notify the owner of the particular development in writing, giving
him five days within which to abate the violation or to make application
to the building subcode official for an extension of the five day
term. Thereafter, the building subcode official, as enforcing officer
of the chapter, may cause to be signed a complaint in the municipal
court for a violation of said section. In each and every instance,
the building subcode official is to be guided by the terms of this
chapter, the zoning ordinance and any other ordinances now existing
or hereafter to come into existence.
Should any owner of property coming upon the terms of this chapter
seek to acquire relief from the provisions hereof, he shall first
notify the building subcode official, mayor and council and board
of adjustment of such intention in writing and thereafter he shall
apply to the board of adjustment, seeking a recommendation from the
board to the mayor and council for relief grounding his application
in the statutory criteria as set forth under R.S. 40:55-39(d), as
repeated in the zoning chapter, section 16-24. Any relief which shall
be granted shall be upon the same grounds set forth therein and all
owners of property within 200 feet of the subject development shall
be given notice in accordance with the statutory provision.
Any owner, or lessee, or other person or persons, who permits, takes part or assists in any violation of any provision of this section shall, upon conviction, for each and every violation thereof and for each and every day that such violation thereof continues, be subject to the penalty as stated in chapter 3, section 3-1.
a.
Excavation of soil and/or rock on private property within the borough
provides a condition both unsightly and dangerous; and such excavations,
if permitted to remain unfilled or without substantial construction
taking place thereon, provide an unsightly and hazardous condition
for an inordinately long period of time.
b.
All excavations must be enclosed by fencing conforming to the "International
Building Code 2,000 N.J. Edition" regulations. All gates must be securely
locked at the end of the working day. Partially complete structures
must be fenced in until the entry floor or first floor is covered
by either permanent or temporary flooring.
c.
A stop work order may be issued by serving a written notice to the
property owner if this ordinance is not complied with.
No excavation of soil, rock or any other material resulting
in a depression from existing ground level more than one foot deep
shall be permitted to remain in such condition for a period in excess
of 45 days without either backfilling such excavation and the elimination
of all mounds of dirt, rock and/or debris created thereby or substantial
construction taking place therein pursuant to the existing State law
and/or borough ordinances.
In the event that property is permitted to remain in the above
described condition for a period in excess of 45 days, upon written
notice to the property owner made by the building subcode official
and/or any member of the police department of the borough, such written
notice to be sent to the last known address of the person, firm or
corporation listed as the taxpayer in the office of the borough tax
collector, the borough may, at its election at any time within 10
days after written notice, undertake to remedy the aforesaid condition
and to charge the property with the cost thereof, such charge to be
collected as additional tax on the property in question.
Notwithstanding anything hereinbefore to the contrary, the municipal
court shall have the right to impose a fine upon any person causing
or permitting a violation of the provisions of this chapter and shall
be subject to a fine of not more then $100 per day.
a.
Blasting. (N.J.A.C. 12:190-7.3 Notification)
1.
Any person intending to conduct a blasting operation shall notify
the New Jersey Department of Labor, Division of Workplace Standards,
Mine Safety Section in Trenton of such intention prior to conducting
the blasting operation via phone followed by fax transmittal or in
writing. Such notification must be received by the Division of Workplace
Standards no later than 3:00 p.m. of the previous business day prior
to conducting the blasting operation on forms specified by the Department
of Labor. Illegible or incomplete notifications shall not be acceptable.
Notifications shall include:
2.
All blasting operations that are continuous projects shall be required
to submit a single notice of intention to blast. A continuous project
means blasting consecutively every day.
3.
Any person intending to initiate blasting operations shall notify
the fire official having jurisdiction over the municipality in which
the blasting operation is taking place, prior to conducting any blasting
operations. Notification shall be made on an application for permit
and include the following:
4.
Documentation at the blasting site. (N.J.A.C. 12:190-7.4). Any person
conducting blasting operations shall have at the blasting site a current
permit to use explosives and evidence of insurance required by N.J.A.C.
12:190-7.5, and a fire safety permit.
5.
Time of blasting operations. (N.J.A.C. 12:190-7.6)
(a)
Blasting, except during normal unusual conditions and when approved
by the Commissioner of Labor, shall be conducted only during daylight
hours, but shall not be conducted before 8:00 a.m. or after 6:00 p.m.
on the day of blasting. Prior to conducting any blasting operations,
notification shall be made to the Police Department. Notifications
shall include the specific location and intended time of blasting.
(b)
Blasting shall not be conducted on Sundays except as approved
by the Commissioner of Labor. Blasting on State legal holidays shall
not exceed 100 pounds of explosives in any single blast, except as
approved by the Commissioner of Labor.
(c)
Loading of explosives into blast holes shall not be performed
in other than daylight hours on the day of blasting, except as approved
by the Commissioner of Labor.
(d)
Where loading of blast holes has occurred and blasting cannot
be safely accomplished within the limits prescribed by (a) and (c)
above, the blast holes shall be attended until the explosives have
been disposed of, and the person conducting the blasting operations
shall notify the appropriate officials of the Division of Workplace
Standards.
6.
Penalties. (N.J.A.C. 5:70-2.12(b)7)
(a)
Failure to obtain a required permit prior to commencing the
operation, process or activity for which a permit was required - a
maximum fine of double the amount of the applicable permit fee.
(b)
Failure to obtain a required permit after being ordered to do
so while continuing the operation, process or activity - a maximum
fine of $5,000 per day during which the operation, process, or activity
continues.
b.
Chipping.
1.
Chipping permits, obtained through the building department, and will
be limited to 10 business days. Permit fee - $50. The construction
official has the authority to limit the number of permits issued to
a specific site.
2.
Chipping shall be prohibited except during the following days and
times:
Monday through Friday, 9:00 a.m. to 4:00 p.m.
3.
The construction official or his designee shall be authorized to
enforce this subsection.
4.
Penalties. The maximum penalty for any act or omission in violation
of this paragraph b of the subsection shall be not more than $500
per violation per day.
a.
PLAT – Shall mean the map of a subdivision.
b.
STREET – Shall mean any street, avenue, boulevard, road, lane,
parkway, viaduct, alley or other way which is an existing State, county
or municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action pursuant to
the Municipal Planning Act, or a street or way on a plat duly filed
and recorded in the office of the county recording officer prior to
the appointment of a planning board and the grant to such board of
the power to review plats, and includes the land between the street
lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, sidewalks, parking area and other areas within
the street lines.
c.
DRAINAGE RIGHTS-OF-WAY – Shall mean the lands required for
the installation of storm water sewers or drainage ditches required
along a natural stream or water course for preserving the channel
and providing for the flow of water therein to safeguard the public
against flood damage in accordance with the provisions of R.S. 58:1,
etc.
a.
The official map is hereby established for the express purpose of
conserving and promoting the public health, safety, morals and general
welfare.
b.
The official map shall be deemed conclusive with respect to the location and width of streets and drainage rights-of-way, and the location and extent of public parks and playgrounds shown thereon, whether such streets, drainage rights-of-way, parks or playgrounds are improved or unimproved. Upon the application for approval of a plat, the borough may reserve for future public use the location and extent of public parks and playgrounds shown on the official map, or any part thereof and within the area of said plat for a period of one year after the approval of the final plat, or within such further time as agreed to by the applying party. Unless within such one-year period or extension thereof, the borough shall have entered into a contract to purchase, or instituted condemnation proceedings for the park or playground according to law, such applying party shall not be bound to observe the reservation of such public parks or playgrounds. During such period of one year or any extension thereof, the applicant may use the area so reserved for any purpose other than the location of buildings or improvements thereon, except as provided in subsection 9-4.4.
Prior to amending the official map or any part thereof, the
borough council shall send such proposed amendments to the planning
and zoning commission of the borough for its recommendation, and the
borough council shall not act thereon without such recommendation
or until 45 days after such reference without such recommendation
of the planning zoning commission, or after 45 days without such recommendation,
the borough council shall hold a public hearing on the proposed amendments
to the official map, and at least 10 days prior to such hearing, notice
of the hearing shall be published in a newspaper of general circulation
in the borough. A map showing the proposed amendments shall be hung
in a conspicuous place in the borough hall for such period and the
notice shall to state.
In order to preserve the integrity of the official map of the borough, the building subcode official shall not issue a building permit for any building which is proposed to be built in the bed of any street or drainage right-of-way which is shown on the official map or a plat filed pursuant to the borough planning ordinance except as provided herein. If it should appear that one or more parcels of land upon which is located the bed of such a mapped street or drainage right-of-way or any park or playground location reserved pursuant to subsection 9-4.2b cannot yield a reasonable return to the owner unless a building permit is issued, the board of adjustment of the borough may in a specific case by a majority vote of its members grant a permit for a building in the bed of such a mapped street or drainage right-of-way or within such reserved location of a public park or playground, which will as little as practicable increase the cost of opening such a street or tend to cause a minimum change of the official map. The board of adjustment shall impose reasonable requirements as a condition of granting the building permit using as its standard the promotion of public health, morals, safety and general welfare. Action upon any such application for a building permit under the provisions of this section shall only be taken after a public hearing has been held at which hearing the parties in interest and others shall have an opportunity to be heard. The applicant shall notify all owners of property within 200 feet of the property to be affected by the grant or denial of the building permit, service to be in accordance with the rules and regulations of the board of adjustment. At least 10 days prior to the public hearing, there shall be published in a newspaper having general circulation in the borough, notice of the time and place of the hearing. The notice shall be inserted in the newspaper by the secretary of the board of adjustment and any costs incidental thereto shall be paid by the applicant.
a.
No permit for the erection of any building shall be issued unless
the building lot abuts a street giving access to such proposed structure
which has been duly placed on the official map or street shown upon
a plat approved by the borough council and planning board as provided
in the planning ordinance of the borough. Before any such building
permit shall be issued, such street shall have been certified to be
suitably improved to the satisfaction of the borough council acting
on the advice of the borough engineer, or such suitable improvement
shall have been assured by means of a performance guarantee in accordance
with standards and specifications approved by the borough council
in relation to the borough planning ordinance and as adequate with
respect to the public health, safety and general welfare for the special
circumstances of the particular street.
b.
Where the enforcement of subsections 9-4.4 and 9-4.5a would entail particular difficulty or unnecessary hardship or where the circumstances of the case do not require the structure to be related to a street, the applicant for the permit may appeal from the decision of the building subcode official to the board of adjustment and this appeal shall be governed by the same provisions as those provided in cases of appeals in respect to zoning regulations. The board of adjustment, may in determining any such appeal make reasonable exceptions and issue a permit subject to conditions that will assure adequate access for fire fighting equipment, ambulances, and other emergency vehicles necessary for the protection of the public health and safety. The board may also impose conditions which will protect any future street layout shown on the official map or on the master plan of the planning board. The board of adjustment shall refer any application made under this section to the planning and zoning commission of the borough for report and recommendation before taking final action. The planning and zoning commission shall consider the application at its next regular meeting and make its report and recommendation within two weeks from that regular meeting. Failure to act within this time shall constitute a favorable recommendation from the planning and zoning commission and thereafter the board of adjustment may proceed to take final action.
Those lands presently designated as "Reserved for Recreation
Purposes" which were formerly described as Lots 10 and 11 in Block
21 on the Assessment Map of the borough and which will be known in
the future as Lots 1, 13, and Lots 20 through 29 in Block 21H will
after May 26, 1960 no longer be so designated and the official map
shall hereby be amended to the extent that it no longer shall bear
the words "Reserved for Recreation Purposes" in the above described
places.
As used in this section.
a.
PUBLIC OFFICER – Shall mean the officer who is authorized by
this section to exercise the powers prescribed by this ordinance.
b.
PUBLIC AUTHORITY – Shall mean any officer who is in charge
of any department or branch of the government of the borough relating
to health, fire, building regulations, or to other activities concerning
buildings in the borough.
c.
OWNER – Shall mean the holder of the title in fee simple.
d.
PARTIES IN INTEREST – Shall mean all individuals, associations
and corporations who have interests of record in a building and any
who are in actual possession thereof.
e.
BUILDING – Shall mean any building, or structure, or part thereof,
whether used for human habitation or otherwise, and includes any outhouses,
and appurtenances belonging thereto or usually enjoyed therewith.
a.
The construction official of the borough shall be the public officer
designated to exercise the powers outlined by this section.
b.
Upon the filing of a petition with the public officer by a public
authority or at least five residents of the borough, charging that
any building is unfit for human habitation or occupancy or use, or
whenever it appears to the public officer after investigation on his
own motion, that any building is unfit for human habitation or occupancy
or use, the public officer shall after proper basis for charges has
been shown issue and cause to be served on the owner and the parties
in interest in such building a complaint stating the specific charges
and containing a notice that a public hearing will be held before
the public officer at a place in the borough, not less than 10 days
or more than 30 days after the serving of the complaint. The owners
or parties in interest shall have the right to file an answer to the
complaint and appear in person or otherwise, give testimony at the
hearing. The rules of evidence prevailing in the courts may be used
as a guide in such hearings but shall not be controlling.
c.
If after the hearing, the public officer having heard all testimony,
shall determine that the particular building is unfit for human habitation
or occupancy or use, he shall reduce his determination to findings
of fact in writing with his final determination and cause these findings
of fact and conclusion to be served on the owner and parties in interest
by certified mail or by personal service. The determination made may
order the following:
1.
That the particular building under consideration be repaired, altered
or improved by the owner or party in interest within a reasonable
time, shall be stated in the determination, or that the owner or party
in interest shall vacate or have the building vacated and closed within
the said reasonable time.
2.
If the building is in such condition as to make it dangerous to the
health and safety of persons in, on or near the premises, and the
owner fails within the reasonable time set forth to make such repairs,
alterations or improvements, the public officer may require the owner
or party in interest to remove or demolish the said building within
an additional reasonable time to be specified in the original determination
served upon the parties.
3.
Should the owner or parties in interest fail to comply with any such
determination, the public officer shall have the right to cause such
building to be repaired, altered or improved, or in the alternative,
to be vacated and closed, by posting upon the premises a placard with
substantially the following words "This building is unfit for human
habitation or occupancy or use; the use or occupancy of this building
is prohibited and unlawful."
d.
Failure of any owner or party in interest to comply with an order
from the public officer to remove or demolish a building shall give
to the public officer the authority to cause such a building to be
removed or demolished and to this extent he may contract for the removal
or demolition thereof after advertising for and receiving bids.
e.
The public officer is hereby authorized to conduct a sale of any
materials which remain after the demolition of such building. Such
sale shall be conducted as a public auction after five days'
notice having been placed in three conspicuous public places in the
borough and a publication once each week for two successive weeks
in a newspaper circulating in the municipality, and finally by filing
a copy of the order for sale with the office of the county clerk.
Should this sale amount to less than the cost of the demolition or
removal of said building, then that amount remaining shall be a municipal
lien against the real property upon which such cost was incurred.
The public officer shall file a detailed statement of the aforesaid
costs, amounts resulting from sale, and the amounts so due, with the
municipal tax assessors, and a copy of such report shall be forwarded
to the owner of the property by registered mail. Should a balance
remain which exceeds the costs incurred in the demolition and removal
of the buildings, such excess shall be deposited in the Superior Court
by the public officer to be secured in such manner as may be directed
by the court order or judgment. There shall be included in the costs
of removal and demolition the cost of filing all legal papers, expert
witnesses fees, search fees and advertising charges. Any owner or
party in interest may within 60 days from the date of filing of the
lien certificate apply an a summary manner to the Superior Court to
contest the reasonableness of the amount or the accuracy of the costs
set forth in the certificate.
The standards by which the public officer shall be guided in
making his determination are those as set forth in R.S. 40:48-2.6
and more specifically that such public officer may determine that
a building is unfit for human habitation or occupancy or use if conditions
exist which are dangerous or injurious to the health or safety of
the occupants of such building, the occupants of neighboring buildings
or other residents of the borough.
All complaints or orders issued by the public officer pursuant
to this section shall be served either personally or by registered
mail. If the whereabouts of the owner or parties in interest is unknown
and cannot be ascertained, the public officer shall make an affidavit
to that effect and may thereupon publish the complaint or order once
each week for two successive weeks in a newspaper circulating in the
municipality, and post a copy of the complaint or order on the premises
affected thereby and file such complaint or order with the office
of the county clerk.
Any person who shall deem himself to be aggrieved by any complaint
or order may proceed in accordance with the provisions of R.S. 40:48-218.
The public officer shall have the power to:
a.
Investigate building conditions in the municipality to determine
the fitness of buildings for habitation, occupancy and use:
b.
Administer oaths, affirmations, examine witnesses and receive evidence;
c.
Enter upon premises for the purposes of making examinations providing
that such entries shall cause the least possible inconveniences to
persons in possession.
The borough council shall provide for the administration of
this section in its annual budget and further provide any equipment
and supplies necessary, and provide for the expense of examinations
or other investigation consistent with the provisions of this section,
and may apply grants or donations to assist in carrying out this section.
Any owner or party in interest who shall refuse to permit the public officer or his authorized representative to enter upon the premises and make reasonable inspections thereon and who fails to comply with the orders issued by the public officer, shall upon conviction, after due trial in the municipal court, be liable to the penalty as stated in chapter 3, section 3-1.
It is deemed by the mayor and council to be in the best interests
of the citizens of the borough to restrict occupancy of any single
family dwelling or dwelling unit within a multiple family dwelling
to such persons as are hereinafter designated.
Within the borough no single family house or any dwelling unit
within a house occupied as multiple dwelling units as prescribed by
the appropriate ordinances of the borough shall be occupied or inhabited
by more than one family.
As used in this section.
Shall mean one or more persons living together as a stable
and permanent living unit, being a traditional family unit with a
functional equivalency thereof.
In no case, unless specifically permitted by appropriate borough
ordinance, shall a lodging house, boarding house, fraternity house,
sorority house or multiple dwelling be classified or construed as
one family.
Any persons violating any provision of this section including the owner, general agent of a building structure or premises where such violation has been committed or shall exist, and the lessee or tenant of a building or structure or premises in which part such violation has been committed or shall exist or any other person who knowingly commits, takes part or assists in any such violation or who maintains any building, structure or premise in which any such violation shall exist shall be a disorderly person and shall be liable to the penalty as stated in chapter 3, section 3-1.
There exists within the borough certain dwellings which are
substandard in sanitation facilities; and occupancy of such dwellings
by excessive numbers will adversely effect public health and safety
and lead to the creation of blight. Adequate protection of public
health and safety and welfare requires the establishment and enforcement
of certain minimum standards therefor.
No person shall let to another for occupancy any dwelling, rooming
house, dwelling unit, or rooming unit within the borough unless such
dwelling, rooming house, dwelling unit, or rooming unit shall contain
at least the following minimum basic equipment and facilities for
each four or a fraction thereof adult occupants of such premises:
a.
Lavatory facility. A room separate from the habitable rooms, which
affords privacy and which is equipped with a flush water closet.
b.
Basin. A lavatory basin located in the same room as the required
flush water closet.
c.
Bathtub or shower. A room separate from the habitable rooms which
affords privacy to a person in the room and which is equipped with
a bathtub or shower.
Basement facilities shall not be considered in the computation
as set forth in the foregoing section.
Every owner or operator of premises let as provided herein shall
advise the occupant in writing either by insertion in the lease between
the parties or otherwise of the maximum number of occupants permitted
in the occupied premises under this section.
Any person, owner, or occupant permitting or causing occupation of any premises within the borough in violation of this section shall be subject to a penalty as stated in section 3-1 for each day of such unlawful occupation.
As soon as practicable the construction official of the borough shall ascertain and determine in accordance with the applicable provisions of Chapter 8 of the "Code for Safety to Life from Fire in Buildings and Structures" as promulgated by the National Fire Protection Association (No. 101-1967), for all places of assembly within the borough as therein defined, specifying the maximum occupancy for each separate area of each of such places of assembly.
Following such ascertainment and determination, the construction
official shall within two weeks thereof, notify the owner of each
such place of assembly in writing by a notice addressed to such place
of assembly of such maximum occupancy as determined by him.
Within one week following such notice, it shall be the duty
of the owner of each such place of assembly to post in a prominent
place in each separate area thereof, a notice clearly indicating the
maximum occupancy of each such separate area as determined by the
construction official, such notice to be clearly visible to the occupants
of such area. Failure to post such notice and to keep such notice
posted in any such area shall be deemed a violation of this section.
Any establishment failing to maintain the notice provided for
herein or permitting occupancy of any area as provided herein in excess
of the maximum occupancy as determined and posted shall be fined up
to $1,000 for each violation hereof.
Under the terms and provisions of Public Law 1971 Chapter 24, the Board of Public Utility Commissioners of the State of New Jersey is now vested with the authority to approve electrical inspection agencies authorized to conduct inspections of electrical construction work.
The Board of Public Utility Commissioners of the State of New
Jersey has issued its interim order Docket No. 717-449 dated July
8, 1972, authorizing the following agencies for the inspection of
electrical construction work:
The following authorized agencies be and they hereby are authorized
as acceptable agencies for the inspection of the electrical construction
work within the borough: Middle Department Association of Fire Underwriters
and Keystone Electrical Inspection Service, Inc.
As used in this section.
a.
AIR CONDITIONING – Shall mean and applies to that equipment
used primarily for human comfort cooling and shall be considered on
the basis that one compressor motor horse-power is equal to one ton
of refrigeration.
b.
EQUIPMENT USED FOR A PURPOSE OTHER THAN AIR CONDITIONING –
Shall mean and be considered on the basis that one compressor motor
horsepower is equal to six ton of refrigeration.
No new installation of refrigerating, air conditioning or refrigerating
and air conditioning equipment requiring the use of water shall be
made on any premises until a permit authorizing such installation
has been issued by the board of health of the borough. The fee for
the inspection of such new installation and the permit issued therefor
shall be $5.
Any firm who installs any refrigerating or air conditioning
or refrigerating and air conditioning equipment and any owner, agent,
lessee or occupant who causes or permits the installation or operation
of any such equipment wherein the water from the aforementioned equipment
is emptied or directed into the sanitary sewer system of the borough
shall pay an annual fee of $15 per compressor motor horsepower unit
as defined above. This fee shall be payable annually on or before
July 1 as set forth herein, and, upon the payment of such annual fee,
a permit for the registration period shall issue from the board of
health; it also being understood that equipment as described above
in this section which is presently installed in any premises in the
borough shall also be liable to regulation under the provisions of
this section.
Shall any person or any owner, agent, lessee or occupant install
the equipment described above but not empty or direct the water from
the equipment into the sanitary sewer of the borough then the annual
fee of $15 per compressor motor horsepower unit shall not be due,
nor shall any annual permit be required; it being understood, however,
that the permit issuing at the time of the installation is mandatory
in any case. The disposal of any such water from the aforementioned
equipment may be made in any way practicable, either through sprinkling
systems or directly into a storm drain where convenient, provided,
however, that this disposal shall in no way cause floods or pooling
of water whereby private and/or public property is or shall be damaged
in any way whatsoever or the public health, safety or welfare are
in any way endangered. Any disposal which creates any of the above
situations shall be termed a violation of this section and of the
other pertinent ordinances of the borough.
Applications for permits at the time of installation and applications
for annual permits where required by this ordinance shall be made
to the board of health, which board shall furnish forms for applicants,
which forms shall require among other things, the name and address
of the applicant, the location of the premises where the installation
is proposed, name and address of the owners and tenants of the premises,
and any other information deemed necessary by the board of health
and its health inspector.
Any person who installs any refrigerating or air conditioning, or refrigerating and air conditioning equipment, and any owner, agent, lessee or occupant, who causes or permits the installation or operation of any such equipment in violation of any provision of this section shall upon conviction thereof be subject to a penalty as stated in chapter 3, section 3-1.
Registration period, which shall mark the effective date of
this section shall be July 1, 1957.
It is the intent and purpose of this section to provide for
the regulation of lighting in commercial zones of the borough so it
will aid in the protection of the property in question, but will not
be so glaring, improper or misdirected as to affect the health, well
being or comfort of the surrounding residential areas.
a.
All lamps, spot lights, lighting devices, signs, display pieces,
flood lights or the like located on or about commercial property within
the confines of the borough shall be so erected, shielded, operated
or maintained in such a manner and to such an extent so as to avoid
lights shining, glaring or reflecting into the residentially zoned
areas of the borough. Such lighting shall be provided, however, as
will permit owners of motor vehicles parking in the commercial area
to have sufficient light so as to provide them with reasonable lighting
in all portions of the commercial parking area during the hours of
darkness when the commercial enterprise is open for business, and
further provide adequate security lighting when the commercial enterprise
is not open for business.
b.
Lights maintained for security purposes in parking areas should be
so shaded that objectionable spill light and glare on adjacent property
is minimized. In addition, all security lights shall be so arranged,
designed and shaded that the light emanating therefrom reflects away
from any residential zone.
c.
OBJECTIONABLE GLARE
All windows facing residential areas shall be so covered by blinds,
shades, drapes, curtains or other suitable coverings after 8:30 p.m.
of the then prevailing time so as to prevent "objectionable glare,"
as hereinafter defined, emanating therefrom observable from any residential
zone in the borough.
As hereinabove used is defined as an average brightness emanating
from the curtained window in question (excluding their luminaire itself)
in excess of twelve-foot lamperts.
a.
This ordinance shall be enforced by the building subcode official
of the borough.
b.
In the event of a violation of any of the terms of this section either
with respect to the lighting of an area in nonresidential zones in
this borough or with respect to light emanating from nonresidential
zones shining into or reflecting into residential zones, the building
subcode official shall serve in writing a notice upon the individual
causing the light in question to emanate, be he the owner, lessee,
maintainer or operator of the said lighting device, to cease and desist
the violation or to take the same out of the operation. The notice
shall provide that if the violation is not corrected within a period
of five business days, the building subcode official will file a complaint
for violation of this section.
c.
In the event that the building subcode official issues a notice of
violation as aforesaid a copy thereof shall forthwith be filed with
the borough clerk of this borough for delivery to the chairman of
the lighting committee.
d.
Any person, firm, corporation or the like which fails to correct
a situation after written notice is served as provided hereinafter
within the time period allowed shall be in violation of the terms
of this section.
Notwithstanding the fact that the building subcode official
of the borough is the prime enforcement officer under the terms of
this section, any taxpayer shall be authorized to file a complaint
for the violation of the provisions of this section provided however,
that he shall first have notified the building subcode official in
writing of the alleged violation and if the building subcode official
within two weeks thereafter has failed to move under the terms of
this section, and further provided that the person gives to the alleged
violator the notice provided for hereinabove in like manner as if
he were the prime enforcement officer hereunder.
Conditions within the borough render construction of retaining
walls outside of building premises or otherwise an extremely hazardous
and demanding form of construction; and it has been demonstrated that
conditions in Englewood Cliffs render the form of retaining wall construction
known as "railroad tie wall construction" to be an insecure and ineffective
method of constructing such retaining walls in light of such conditions.
Henceforth no wall higher than one foot in height shall be constructed
on any land or premises within the borough, such wall utilizing as
its principal building material railroad ties or similar materials
such as, but not limited to, logs, trees, planks, lumber, etc.
Upon receiving notice of the construction hereafter of any wall
as described in the preceding paragraph, the building subcode official
or any official of the borough designated by him, shall notify the
owner or occupant of the premises upon which such wall has been constructed,
in writing, of the requirement that such wall be removed within 10
days from the date of such notice.
Any person failing to remove or cause the removal of the type
of wall heretofore described within 10 days provided in such notice,
shall be subject to a fine of not more than $50 per day for each day
that such wall is permitted to remain, each such day being regarded
as a separate violation of this section.
There have been within the confines of the borough serious drainage
problems which problems are and would be aggravated by the unregulated
structure, diversion, alteration or change of any kind of any stream
and the New Jersey State Water Policy Commission has adopted as administrative
policy the determination that it cannot assume jurisdiction over streams
of purely local character not appearing on the State atlas; and there
are within the confines of the borough streams which fall within such
category.
No structure, diversion, alteration or change of any kind within
the natural or ordinary high watermark of any stream all or part of
which is located within the confines of the borough, shall be made
by any public authority or private person or corporation without notice
to the planning board and in no case, without complying with such
conditions as the planning board may prescribe for preserving the
channel and providing for the flow of water therein to safeguard the
public as well as surrounding property owners against danger from
the waters impounded or affected by such structure, diversion, alteration
or change of any kind and this prohibition shall apply to any renewal
of existing structures.
No such approval by the planning board shall impair or affect
any property rights, otherwise existing which might be invaded by
the construction or maintenance of any such structure.
The planning board may, whenever in its judgment public safety
so requires, and after a hearing either on its own notion or upon
complaint, make and serve an order directing any person, corporation,
officer or board constructing, maintaining or using any such structure
in any of the waters of this State to remove or repair it within such
reasonable time and in such manner as shall be specified in the order,
and every such person shall obey, observe and comply with the order
and the conditions prescribed by the planning board for preserving
the channels of streams and for safeguarding the public against danger
from waters impounded by structures hereinbefore referred to.
Every person failing, omitting or neglecting so to do, or who
constructs or reconstructs any such structure in any of the waters
aforesaid without submitting to the planning board plans therefor
and obtaining its approval thereof, or who fails to remove, construct
or reconstruct the same in accordance with the plans so approved shall
forfeit to the State not less than $250 nor more than $1,000 for each
and every offense. Every violation of any such order, direction or
requirement shall be a separate and distinct offense, and, in case
of a continuing violation, every day's continuance thereof shall
be and be deemed to be separate and distinct offense. If such a continuing
violation shall have continued for more than seven consecutive days,
an additional penalty not exceeding $1,000 per day may be imposed
for the eighth and each succeeding day; and if it shall have continued
for more than 14 consecutive days, a further additional penalty not
exceeding $1,000 per day may be imposed for the 15th and each succeeding
day.
Nothing in this section shall preclude or prevent the borough
or any of its agencies from seeking appropriate redress for any violation
of the provisions of this section.
It is the considered opinion of the mayor and council that senior
citizens of low income in the community are entitled to safe and sanitary
housing accommodations at rentals such persons can afford, and such
low-rental housing accommodations are in extremely short supply in
Bergen County and overcrowded and congested housing will eventuate
from such a shortage and thereby impair public safety and economic
values, and the shortage of such safe and sanitary housing for low-income
senior citizens in Bergen County cannot be totally relieved through
private enterprise and that, therefore, new and rehabilitated construction
of housing projects and facilities would not be competitive with private
enterprise, and it is a governmental function to seek public monies
to acquire property and construction and/or rehabilitate or lease
housing facilities for low-income senior citizens.
The borough is desirous of having its territorial area included
in the area of operation of "The Housing Authority of Bergen County."
The borough desires to participate in the area of operations
of the Housing Authority of Bergen County throughout its territorial
boundary and the jurisdiction of its mayor and council for the purpose
of alleviating the shortage of safe and sanitary housing for low-income
senior citizens.
The Borough of Englewood Cliffs does hereby consent to its inclusion
in the area of operation of the Housing Authority of Bergen County.
The clerk is hereby authorized and directed to file a certified
copy of this section with the Commissioner of the State Department
of Conservation and Economic Development and with the Secretary of
the Housing Authority of Bergen County.
The governing body of the Borough of Englewood Cliffs is aware
of the continuing need to provide for the health, safety and welfare
of the residents and property owners of the borough and the governing
body has become aware that certain owners of properties in the borough
have converted their properties to contain more residential rental
units than are permitted for those particular properties under the
zoning or building ordinances of the borough, or under other laws
or regulations.
Such conversions frustrate the purposes of zoning and proper
planning; such conversions adversely affect the population density
in neighborhoods of the borough, thereby affecting parking, traffic
and environment; and such population density tends to cause a greater
demand for and drain on municipal services for which the owners of
such properties do not compensate the borough in taxes; and the existence
of such properties results in a greater inequity with respect to the
burden of real estate taxation as the owners of such properties are
not assessed for their fair share of taxation as between such owners
and the owners of one family dwellings.
Tenants of such impermissible rental units, upon being required
to vacate said units, are forced to expend substantial sums of money
in finding other accommodations and in relocating, and by reason of
the substantial profit or gain which may be realized in owning or
maintaining properties with such impermissible units, the only effective
deterrent to such practices is the imposition of strict and severe
sanctions and penalties.
For purposes of this section, the following definitions shall
apply:
a.
RESIDENTIAL RENTAL UNIT – Shall mean a building, or portion
thereof, rented (for either direct or indirect compensation) or offered
for rent for dwelling purposes to one or more tenants or family units.
b.
IMPERMISSIBLE UNIT – Shall mean a residential rental unit which
is:
1.
A residential rental unit for which no certificate of occupancy has
been issued; or
2.
A residential rental unit which is in excess of the number of such
units for a particular building or zone according to the zoning code,
property maintenance code or other ordinance, regulation or statute;
or
3.
A residential rental unit which was created without the required
plumbing, electrical or building permits.
a.
No person shall rent or suffer to be occupied an impermissible unit
in a building which such person owns or otherwise controls.
b.
Upon a tenant being required to vacate an impermissible rental unit,
the landlord of said tenant shall pay to said tenant:
1.
All reasonable moving and relocation expenses incurred by said tenant,
including a real estate broker's commission incurred in the procuring
of a new rental unit;
2.
Any security deposit; and
3.
Any pro rata rent which may be due to the tenant because of the tenant
being required to vacate the unit prior to the expiration of the tenancy.
a.
Any person who violates this section shall be subject to a fine of
not less than $100 nor more than $1,000 or a confinement to not more
than 90 days in jail, or both.
Nothing contained in this section shall be construed to invalidate
any other municipal ordinance. However, whenever the provisions of
this section (including penalties for violations) conflict with other
municipal ordinances, the provisions of this section shall be deemed
to supersede any such ordinances or parts thereof.
Each time there is a transfer of ownership of property within
the Borough of Englewood Cliffs, a purchaser of such property must
obtain from the construction official of the borough a certificate
of continued occupancy certifying that the property may be continued
to be used as it is currently being used and certifying that the use
of the property is a permitted use in the zone in which the property
is located, by virtue of either of the fact that the use is a permitted
use in the zone or by virtue of the fact that the use is a nonconforming
use in the zone which was established prior to the adoption of an
ordinance which prohibits said use in the zone.
The fee for a certificate of continued occupancy shall be $50,
payable to the Borough of Englewood Cliffs.
Before a certificate of continued occupancy shall be issued
the construction official shall make an inspection of the premises
to determine whether the certificate may or may not be issued.
[Ord. #8603, § 4; Ord. #12-14; Ord. #13-12; Ord. No. 2014-14]
a.
Rental/Lease Units. No person shall rent, lease, sub-lease or sub-let
any dwelling unit to any person intending to use the dwelling unit
for residential purposes, or allow any person to inhabit any one and
two family dwelling unit, unless a certificate of continued occupancy
has been obtained from the code official or the construction official.
Any application pursuant to this section must be made at least 10
days prior to any intent of occupancy.
1.
Inspection. Before a certificate of continued occupancy shall be
issued the construction official shall make an inspection of the premises
to determine whether the certificate may or may not be issued.
2.
Violations. In the event a purchaser of property in the Borough of
Englewood Cliffs fails to obtain a certificate of continued occupancy,
the construction official shall notify said property owner of the
said violation by posting a notice of violation at the subject premises.
In the event that the property owner fails to thereafter obtain a
certificate of continued occupancy, the property owner shall be subject
to a fine of not less than $100 for each summons issued. Each day
a violation continues beyond the date fixed for compliance in the
notice provided for herein, shall constitute a separate offense.
b.
Standards for Issuance.
1.
The code official or the construction official if, after a general
inspection of the visible parts of the structure, determines that
the dwelling unit is fit for human habitation and complies with the
Property Maintenance Code of the Borough of Englewood Cliffs, and
all other Ordinances of the Borough of Englewood Cliffs pertaining
to building, plumbing, electrical, health, safety, fire and minimum
building standards, and that no violations of State law or of the
State Uniform Construction Code exist, which would prevent the issuance
of a certificate of continued occupancy pursuant to that code, or
the regulations pursuant to that code shall issue the certificate.
If a certificate of continued occupancy cannot be issued because of
any violations, the code official or construction official will provide
a notice of violations and if a certificate of continued occupancy
cannot be issued it shall be enforced pursuant to this section.
(a)
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punishable by a
fine of not less than $100 nor more than $1,250, by imprisonment for
a term not to exceed 90 days, or by community service as determined
in the discretion of the Municipal Court Judge. The continuation of
such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
(b)
The violation of any provision of this article shall be subject
to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
2.
If the Inspector as a result of a general inspection of the visible parts of the structure, finds any violation as set forth in paragraph 1, he shall notify the owner of the violation and allow the owner 14 days to correct the violation, by mailing a written notice by certified mail, return receipt and regular mail, or by delivering the notice to the owner or his agent. The notice shall identify the premises and specify the violations and any remedial action. The notice shall state that the failure to correct the violations within the time specified shall constitute a violation of this section and may be punishable in accord with Chapter 9, subsection 9-17.4 pursuant to paragraph a2 penalty clause.
3.
Any violation of the ordinances, Codes and New Jersey Statutes shall
be grounds for the denial of a certificate of continued occupancy.
c.
Rental Units. No building or portion thereof shall be rented for residential purposes or offered for rent to a family as defined in subsections 9-6.3 and 9-6.4 for the period of less than six months. It is the intent of this ordinance to prohibit short-term rentals which are not occupied for at least six months by the tenant.
d.
Applications for Certificate.
1.
Any owner intending to rent, lease, sub-lease or sub-let any dwelling
unit or allowing any person to inhabit a dwelling unit, shall apply
to the code official or his agent for a certificate of continued occupancy.
Said application shall include the name and address of the person
to be renting the property, the telephone number where said person
can be reached, the telephone number of the owner where he can be
reached and a copy of the agreement in regard to the rental, lease,
sub-lease or sub-let. Within seven days of the receipt of the payment
of the required fee and the application form, the owner shall afford
the Inspectors the opportunity to inspect the structure and shall
consent to the inspection. Within 14 days of the inspection, the code
official or his agent will issue a certificate of continued occupancy
or deny the same, setting forth the reasons as set forth above. The
fee for said inspection shall be $85. The fee for a second and any
additional reinspection shall be $50.
(a)
In the event the property is under lease and the lease expires,
the property owner shall immediately advise the Construction Official,
or his representative, of the termination of the lease or the renewal
of same, depending upon the circumstances, and shall again furnish
a copy of the new rental, lease, sub-lease, or sub-let agreement.
In the event that the same tenant becomes a non-lease tenant, this
information shall be furnished to the Construction Official or his
representative, setting forth the terms of the new agreement. The
owner shall comply with all other terms of this section, specifically
in regard to the extension of any lease or agreement, and shall give
the Construction Official, or his representative, seven days'
notice, if there is a continuation of occupancy by the same tenant,
a new Certificate of Continued Occupancy shall not be required.
2.
All applications for such certificates shall be made in writing and
shall state the name and address of the owner of the structure, the
name and address of the owner-occupant or tenant-occupant or any other
occupant structure, the name and address, if a sale or transfer of
title, of the seller, transferrer, buyer and the new proposed occupancy,
and the name and address of the renting agent. It shall also describe
the premises to be occupied, including the street address thereof,
and a designation of the portion or portions of the premises or structures
for which the specific application is being made and shall set forth
the number of persons who shall occupy any and all portions of the
premises.
3.
All owners or renting agents of real estate or person or persons
applying for a Certificate as provided herein shall advise the Code
Official or his agent of a reasonable time or times that the inspections
may be made and have someone present to assist and provide entry for
the inspection purposes.
4.
Required Fees:
(a)
The fee for a certificate of continued occupancy for a transfer
of ownership of property within the Borough of Englewood Cliffs shall
be $50, payable to the Borough of Englewood Cliffs.
(b)
The fee for a certificate of continued occupancy for a rental
unit shall be $85, payable to the Borough of Englewood Cliffs.
(c)
Requests for a CCO received fewer than four business days prior
to the closing or change of occupant add additional $150 to required
fee.
(d)
The fee for a second and any additional reinspection shall be
$50 per inspection.
e.
Smoke Detector and Carbon Monoxide Detector Required in all Residential
Buildings. No certificate of continued occupancy may be issued to
a residential building or any portion thereof unless approved smoke
detector and carbon monoxide detectors have been installed as required
by applicable State statute and local ordinance.
f.
Failure to Comply. If, after inspection by the enforcement officer,
a certificate of continuing occupancy may not be issued to the residential
building or portion thereof because of the existence of a violation
of any code or failure to comply with the standards set forth herein,
notice shall be given by the enforcement officer to the owner detailing
the violations of applicable laws, regulations or ordinance. The enforcement
officer shall have the authority to issue any summons or complaint
for any violation of any ordinance, statute or regulation against
the owner and/or occupant of the residential building or portion thereof
wherein the violation exists.
g.
Expiration. If a dwelling unit is not occupied within six months
of the issuance of a certificate of continued occupancy, the certificate
will expire, and a new certificate must be obtained before occupancy.
h.
Exceptions. This section shall not apply to hotels, rooming houses
or motels that are generally occupied by tenants or guests for less
than 30 successive days, dwelling units not intended for human habitation
or new construction, for which inspection and a certificate of occupancy
is required by the Uniform Construction Code.
In the event a purchaser of property in the Borough of Englewood
Cliffs fails to obtain a certificate of continued occupancy, the construction
official shall notify said property owner of the said violation by
posting a notice of violation at the subject premises. In the event
that the property owner fails to thereafter obtain a certificate of
continued occupancy, the property owner shall be subject to a fine
of not less than $100 for each summons issued. Each day a violation
continues beyond the date fixed for compliance in the notice provided
for herein, shall constitute a separate offense.
There is hereby established the position of elevator inspector
within the Borough of Englewood Cliffs.
The elevator inspector shall be appointed by the mayor, upon
the advice and consent of the council, for a term of one year. The
inspector shall have specific training and/or experience in elevator
safety and shall hold any and all legally required certifications
and/or licenses.
The elevator inspector shall work in conjunction with the construction
code official, and shall report its findings directly to the construction
code official not more than 30 days following the completion of the
inspection or testing. Thereafter, the office of the construction
official shall issue any and all permits, denials or certificates
of approval.
The elevator inspector shall enter into an agreement with the
borough wherein its fees for various services shall be specified.
Such fees shall be reasonable and not in contravention of any State
or local governmental mandates setting forth fees.
All fees charged by the elevator inspector shall be paid by
the owner of the premises, and a failure to pay for such services
shall result in a lien against the premises.
In addition to the fee paid to the elevator inspector, the owner
of the property shall pay the sum of $35 to the office of the construction
code official for each inspection, as an administration fee.
All elevators within the confines of the Borough of Englewood
shall be inspected and certified for safe operation and conformance
with the BOCA Basic Building Code and Uniform Construction Code.
All elevators, manlifts and escalators shall be inspected and
certified as conforming with applicable law not less than once every
six months, and all dumbwaiters shall be inspected for compliance
not less than once every 12 months.
It shall be the responsibility of the owner of the premises
to apply for, and obtain the prescribed periodic inspection and testing.
Failure of any owner of property to obtain such inspection shall constitute
a violation of the Uniform Construction Code regulations and the construction
code official shall issue a summons for such violation. In addition,
the construction code official shall have the right upon proper notice,
to declare that any elevator or escalator not properly certified as
being in conformity with applicable law, shall not be utilized unless
and until such certification is obtained.
Elevator inspections shall be performed within the following
time periods and at the following rates:
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6 Month Inspection
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Elevator - 4 stories or less in height:
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$110
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Elevator - 5 stories and over
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$110
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3 Year Hydraulic Test
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All hydraulic elevators
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$125
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5 Year Test
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Elevator - 2 stories but not over 26 stories
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$225
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Reinspection Fee Per Failed Unit
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Elevator
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$70
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Dumbwaiters
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$40
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Escalators/moving stairways
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$75
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Manlifts
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$60
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Chair lifts
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$40
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Automotive lifts
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$75
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New Construction Approval
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Elevator - 2 stories but not over 26 stories
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$350
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Dumbwaiter
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$100
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Escalators/moving stairways
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$200
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Manlifts
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$200
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Moving walks
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$200
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Chair lifts
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$150
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Automotive lifts
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$300
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The fees hereinabove stated shall be in addition to the administrative
fee payable to the Borough of Englewood Cliffs.
As used in this chapter, the following shall have the meanings
indicated:
Shall mean the amount of light from one candle at one foot
from the source of the light.
Shall mean any artificial light which shines with a strong,
steady or dazzling light.
Shall mean comprehending not only buildings but the ground,
soil, or earth as commonly understood.
Shall mean a dwelling, pole or elevated object, or a building
or other structured improvement on any premises, of such physical
size as to be capable of having artificial lighting emanating from
the interior thereof, through either glass or other transparent material,
or capable of having attached thereto or incorporated thereon on the
exterior, artificial lighting by means of electrical, gas or other
luminescent fixtures.
a.
No artificial lighting, from either within a structure or from the
exterior of any structure or sign, shall shine directly upon any neighboring
property or public roadway or be so established that it shall shine
directly upon any neighboring property or public roadway or shall
shine directly on or into any room or rooms, porches or patios of
any neighboring property, nor shall any artificial lighting be maintained
or operated from any structure or land in such a manner as to be a
nuisance or any annoyance to neighboring properties or as to interfere
with the physical comfort of the occupants of neighboring properties.
b.
Lights directly facing a neighboring or adjacent property or a public
roadway shall be shielded. This prohibition includes any lighting
which emanates from the interior of any structure and shines through
glass or other transparent material.
c.
No sources of light shall be maintained or operated in connection
with any building or land in any manner, or by any process or method
which transmits an objectionable glare on neighboring property or
public roadway.
d.
In no instance will any glare be permitted if such glare originates
from a light source facing any dwelling unit.
e.
The light intensity from illumination of any kind at any given location
along the property line from which the light originates shall not
exceed five footcandles.
This chapter is enacted pursuant to the authority given any
municipality of this State to enact ordinances which the governing
body deems necessary and proper for the good government, order or
protection of persons and property and for the preservation of the
public health, safety and welfare of the Borough of Englewood Cliffs
and its inhabitants.
The construction code official, the building department and
the police department of the Borough of Englewood Cliffs shall be
the enforcing agencies with regard to the restrictions specified herein.
Any person or persons responsible for such nuisance or annoying
lighting as described hereinbefore, whether owner, lessee or lessees
or others using any premises with or without the permission of the
owner, violating any of the provisions of this chapter shall, upon
conviction thereof, be subject to a fine not exceeding $500 or to
imprisonment in the county jail for a term not to exceed 30 days,
or to both fine and imprisonment, in the discretion of the court.
Each day a particular violation shall continue shall constitute a
separate offense.
a.
Prior to the issuance of a permit for the demolition of any structure pursuant to N.J.A.C. 5:23-2.17 or other applicable regulation, the person, firm or entity making such application shall post with the construction official security in the form of cash, certified check, irrevocable letter of credit or surety bond issued by a surety company authorized to do business in New Jersey. Such security shall be in the amount of $500 for one-family homes and accessory buildings, and $2,500 for all other buildings. Any interior renovation within a one-family home which encompasses removal of walls, ceilings, flooring or appliances shall be exempt from the provisions hereof. The purpose of the security or condition of the bond shall be to insure that demolition shall have been performed in a good workmanlike manner as well as to guarantee compliance with subsections 9-20.2 and 9-20.3 of this section, in addition to all other regulations governing demolition. In the event a bond is posted, the beneficiary of the security or obligee shall be the owner or owners of the land and any persons having an interest in the realty involved on which the demolition is taking place, and the term of any security, be it cash, certified check, irrevocable letter of credit or surety bond, shall terminate no earlier than the completion of the demolition or the expiration of the demolition permit, whichever is later, plus an additional 30 days.
The site must be inspected by and approval granted from the
superintendent of public works or his designee before a building permit
can be issued or further work can be conducted.
b.
Prior to the issuance of a building permit, or within three business
days after demolition is completed in accordance with a borough demolition
permit, all existing storm drainage lines, including sump pump discharge
lines, sanitary sewer laterals and/or potable water lines must be
physically plugged, capped and/or removed to prevent any discharge
from said lines.
c.
In addition to the aforesaid requirements set forth in subsection 9-20.1a and b, the applicant must first apply to the chairman of the shade tree commission and/or his/her designee, and the environmental commission chairman and/or his/her designee and comply with the provisions of Chapter 30, Zoning, section 30-22 entitled "Tree Preservation and Removal For Residential Lots" ordinance and the requirement of Chapter ST1, entitled "Regulations For Planting, Control, Protection and Improvement of Trees and Shrubbery," which regulates shade trees within the borough and obtain such permission and/or approvals as necessary. Said application shall be made to the office of the construction department, who shall advise the applicant what person they should directly contact for said approvals and the said commissions. In the event that there is no approval granted or denial made within 10 business days of the application being made, pursuant to this subsection the construction official may waive the provisions of this ordinance.
Concurrent with the obtainment of a demolition permit, the applicant
shall cause to be filed with the recycling official of the borough
a municipal recycling tonnage application form and accompanying documentation.
Such form shall be available from, and shall be filed with, the recycling
coordinator of the borough. In the event that any person, owner, contractor,
or builder, during the course of a demolition activity shall discover
the existence of recyclable items, same shall be reported and duly
documented in accordance with this subsection.
It shall be mandatory and a condition precedent to the issuance
of any certificate of occupancy for the applicant to recycle at an
authorized recycling facility all construction and/or demolition debris
and to provide written proof to the recycling coordinator in accordance
with the following. Written documentation of tonnage of material recycled
shall be made by accurate weight slips and/or such form as required
by the recycling coordinator as will satisfy State requirements for
borough eligibility for State tonnage grants. Prior to the issuance
of a construction permit or certificate of occupancy, the recycling
coordinator shall notify the construction official. In writing, that
demolition was completed in accordance with the provisions of this
section.
DEMOLITION and/or CONSTRUCTION DEBRIS – Shall be defined
as the residue of any structure, residential or commercial, and including,
but not limited to, brick cement, asphalt roofing, window glass, wood,
scrap metals or roofing. In addition, any and all debris from trees
including wood, stumps, branches and/or shrubbery which is demolished
or removed during construction, shall also be recycled in accordance
with the provisions of this section.
In the event of any violation of any provision of this section,
the municipal court shall impose a fine of not less than $500 for
the first offense and not less than $750 for the second and succeeding
offenses.
In the event within 30 days after demolition of the building or structure, the recycling official has not received the required documentation pursuant to subsection 9-20.2 of this section, and the recycling coordinator has been notified in writing of the commencement of litigation and the court in which such litigation has commenced, and that the said litigation alleges a violation of the purpose or condition of the security or bond posted herewith, the recycling coordinator shall forthwith transmit such security or bond to the clerk of the court involved for disposition of the matter.
The mayor and council hereby declares its intent to regulate
the disturbance of fill upon residential properties within the Borough
of Englewood Cliffs and to promulgate rules and regulations in regard
to same including grading changes.
It is the intent of this section to prevent waters from running
onto adjacent property owners property as a result of the disturbance
of land and/or the grading of same and to maintain a zero-run off
in regard to same and it is further the intent to prevent any build-up
of water on adjacent properties as a result of the activities of the
disturbance and/or existing grading.
Prior to the commencement of any construction, modification
or improvement to any existing structure, proposed structure or to
any lands situated within the borough, a site improvement permit shall
be obtained from the construction official in regard to the prevention
or any disturbance of land which would cause adversity upon neighboring
properties concerning water and/or drainage.
The construction official is hereby empowered to waive the requirements
outlined under this section, if, in his opinion, the construction,
modification or improvement being proposed is de minimus and the reasons
set forth for the waiver are submitted in writing and a copy forwarded
to the municipal clerk for distribution to the mayor and council with
the next monthly report.
Structures shall be defined but not limited to any construction
including additions for which a building permit or other permit is
required. This shall include but not be limited to accessory structures,
swimming pools, walls and fences.
[Ord. No. 9604 § 2]
The construction official is hereby authorized to promulgate
rules and regulations necessary to implement the legislative intent
of this section.
[Ord. No. 9604 § 2]
A certificate of approval will not be issued by the building
department until an approved site inspection form is received by the
building department from the construction official and approved.
[Ord. No. 9604 § 2]
a.
Application for a site improvement permit must be made with the construction
official. Upon review of a completed application, the construction
official will, within 20 days either deny or approve said permit.
If said permit is approved, work may then, and only then, commence.
If said permit is denied, the borough engineer will supply supporting
information and list all deficiencies.
b.
The construction official shall refer such matters as the construction
official deems necessary in regard to the approval procedure to the
borough engineer for advice and consultation. The engineer at a minimum
shall conduct a review of the site plans and make a final inspection.
c.
The construction official or his/her designee may require the applicant
to provide such data including topographical maps certified by a licensed
engineer to assist the construction code official in determining whether
or not there will be any detrimental effect to adjacent properties
as a result of the activities of the applicant.
[Ord. No. 9604 § 2]
In considering the application the construction official shall
be guided by the following factors:
a.
Soil erosion by water and wind.
b.
Drainage.
c.
Soil fertility.
d.
Lateral support slopes and grades of abutting streets and lands.
e.
Land values and uses.
f.
The effect of the construction or grading or soil disturbance upon
adjacent properties.
g.
Zero run-off.
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Any other criteria based on environmental and engineering considerations
not inconsistent with the above factors and affecting the public interest
as may from time to time be promulgated by regulation of the borough
construction official.
|
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If, after considering the above, the construction official determines
that the proposed disturbance of soil will not be detrimental to the
health, safety or welfare of the borough or its inhabitants, he shall
issue a permit. The construction official may deny the application
or condition the issuance of the permit on such terms and conditions
as he/she may deem appropriate in light of the environmental concerns
which may be involved, including the filing of certified topographic
or as-built surveys upon completion of the soil disturbance and so
notify the applicant.
|
[Ord. No. 9604 § 2; Ord. No. 2016-04]
a.
The basic fee for a Soil Disturbance Permit application shall be
$250.
b.
The basic fee for engineering review of an application shall be $500.
c.
The applicant shall post $1,000 in engineering escrow for engineering
inspections of site improvements associated with the project, including
drainage, grading and soil erosion.
d.
The applicant will be required to post a $125 fee per revision for
review of revisions made to the engineering plan of the site for drainage,
grading and soil erosion.
e.
In addition, the applicant shall deposit in cash or bond, a Performance
Guarantee in the amount of $5,000 to prevent erosion or flooding onto
lands or streets adjacent to the lot and to eliminate any soil disturbance
condition which is likely to be dangerous to health and safety. This
amount shall be returned to the applicant upon final inspection and
approval by the Borough Engineer.
f.
The applicant is required as part of the project to provide an as-built
drawing showing all site conditions including final drainage, grading
and site features for the property, prior to receiving certificate
of occupancy for the property. This document shall be reviewed and
approved by the Borough Engineer prior to the release of the performance
guarantee.
[Ord. No. 9604 § 2]
a.
Any person violating any of the provisions of this section shall,
upon conviction thereof, be subject to a penalty not exceeding $1,000
or to imprisonment for a period not exceeding 90 days or to community
service for a period not exceeding 90 days.
b.
Failure to obtain the proper permit, make satisfactory improvements,
as determined by the construction official, or pay the proper permit
fee shall be considered a violation and shall be punishable under
this section.
[Ord. No. 9604 § 2]
For the purpose of administering and enforcing this section,
any duly authorized officer, agent or employee of the borough shall
have the right to enter into and upon any lands for which an application
has been filed and may examine and inspect such lands.
[Ord. No. 9604 § 2]
The construction official is hereby designated as the enforcement
officer.
[Ord. No. 9713 § 1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any fence, wall, barrier or structure enclosing,
setting off or fixing the limits for a particular use or uses of all
or part of any land, whether residential or commercial, whether of
solid-type construction, stockade, openwork construction or chain
link, whether the same is conducted wholly or partly of wood, brick,
stone, masonry blocks, metal, fiberglass or other composition.
[Ord. No. 9713 § 1]
Any fence constructed or installed in any zone in the Borough
of Englewood Cliffs which is designed or constructed so as to have
a front side and rear side, shall be erected so that the front side
faces abutting streets or abutting premises, and the rear side faces
the premises on which the fence is erected. Therefore, if the fence
has beams, an unfinished or rough side, these sides shall face inward
toward the premises on which the fence is erected. It Is the intent
of this section to ensure that the most aesthetically pleasing side
of the fence be on the outside and the least pleasing to be on the
inside.
a.
The construction code official shall have all rights granted to that
office pursuant to law with regard to the enforcement of the provisions
of this section, including but not limited to, ordering removal of
the fence, imposing fines, filing of summonses in municipal court
or seeking relief in the Superior Court.
b.
The municipal court shall impose a fine against any person, firm,
corporation or entity found guilty of violating any provisions of
this section of not less than $100, and shall have the right to impose
such fine for each day that the fence existed in violation of the
provisions hereof.
Each time there is a new business located within the Borough
of Englewood Cliffs, the owner of such property and/or business must
fill out and file with the construction official a business zoning
application.
The fee for a business zoning application shall be $200, payable
to the Borough of Englewood Cliffs.
[Ord. No. 2010-07]
Upon receipt of the business zoning application, the construction
official shall conduct his or her investigation to determine if such
use is acceptable. Each applicant is aware by filing such an application
that they must conform to all building, electric, plumbing, fire and
board of health codes. Depending on the circumstances surrounding
the application, the construction official may require the applicant
to appear before the Borough Planning Board.
