[Ord. No. 151 § 1]
There is hereby established in the Borough of Farmingdale a State Uniform Construction Code enforcing agency to be known as The Farmingdale Code Enforcing Agency, 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 serve as the Chief Administrator of the Enforcing Agency.
[Ord. No. 151 § 1; amended 7-21-2015 by Ord. No. 01-2015]
Each official position created 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.
[Ord. No. 151 § 1]
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.
[New]
The Borough will not appoint a Board of Appeals but will leave appeals to the jurisdiction of the County of Monmouth.
[Ord. 2/18/92; Ord. No. 98-06; Ord. No. 99-01; Ord. No. 00-02; Ord. No. 03-02; Ord. No. 13-89; Ord. No. 151 § 2; Ord. No. 2009-03; 7-21-2015 by Ord. No. 01-2015; amended 11-18-2024 by Ord. No. 05-2024]
a.
Building subcode fees:
1.
New structures and additions:
Use | Fee |
|---|---|
All use groups except R-3, R-5, S-1 and S-2 | Volume of building _____ cubic feet x 0.045 = _____ (volume fee) |
Use groups R-3 and R-5 | Volume of building _____ cubic feet x 0.045 = _____ (volume fee) |
Use groups S-1 and S-2 | Volume of building _____ cubic feet x 0.034 = _____ (volume fee) |
Commercial farm buildings | Volume of building _____ cubic feet x 0.012 = _____ (volume fee) Maximum fee: $1,000 |
2.
Renovations, alterations, repair and minor work fees.
(a)
The applicant may submit cost data by an architect or engineer of record, a recognized estimation firm or by contractor bid. The Department will review the construction for acceptability.
R3 and R5 Only | |||
|---|---|---|---|
Cost | Fee | ||
Estimated cost up to and including $50,000 plus | $35 per $1,000 | = | $_____ |
Portion of cost $50,000 to and including $100,000 plus | $30 per $1,000 | = | $_____ |
Portion of cost above $100,000 | $24 per $1,000 | = | $_____ |
Sum of above items: | $_____ | ||
All Other Use Groups | |||
|---|---|---|---|
Cost | Fee | ||
Estimated cost up to and including $50,000 plus | $40 per $1,000 | = | $_____ |
Portion of cost $50,000 to and including $100,000 plus | $35 per $1,000 | = | $_____ |
Portion of cost above $100,000 | $34 per $1,000 | = | $_____ |
Sum of above items: | $_____ | ||
(b)
For a combination of renovations and addition, the sum of the fees is computed separately as renovations and additions.
3.
Other fees:
(a)
Aboveground pools: $100.
(c)
Decks: assessed at $0.40 per square foot.
(d)
Asbestos abatement: $150; C/O: $60.
(e)
Lead hazard abatement: $150; C/O: $60.
(f)
Demolition:
(1)
For a structure less than 5,000 square feet or less than 30 feet in height: $150.
(2)
For one- or two-family residences and for structures on farms, including commercial farm structures: $150.
(3)
All other structures: $250.
(4)
The owner(s) of any residential or commercial structure, scheduled for demolition and in need of a demolition permit, as per the requirements of the Uniform Construction Code, may apply for a waiver of the permit fee, if said owner(s) agrees to permit any of the Borough's emergency and public safety services (police, fire and first aid) to utilize the structure to be demolished for any training purpose germane to the provision of public-safety-related services. Notice of demolition and the request for a waiver must be provided at least 10 days in advance of any scheduled demolition to allow time for training.
(5)
Residential pools: $150; commercial pools: $250.
(h)
Wood stoves, fireplaces, pellet stoves: $80.
(i)
Masonry fireplaces, R-5 and R-3: $125; all other use groups: $250.
(k)
R-3 and R-5 solar racking system: $150; all other use groups: calculated based upon cost of work.
4.
Relocation of buildings or structures.
(a)
For the relocation of buildings and structures to a new location (including remanufactured construction, assembly or components transported to a construction site), the fee shall be based on the following estimated cost:
(b)
The applicant shall submit a copy of the contract proposal cost data prepared by the architect or engineer of record or a recognized estimating firm by contract bid. The Construction Code Official shall make the final decision regarding the estimated cost. In addition, a handout obtained from the Building Department is to be filled out and submitted with the application.
5.
Waiver of construction permit fee. It is within the discretion of the Borough Council to waive a construction permit fee if an applicant is undertaking the alteration or improvement of an existing public or private structure solely to make it more handicapped accessible per N.J.S.A. 52:27D-126e.
6.
Prototype processing. Request for prototype processing shall reduce the cost of each technical section by 10%.
7.
Variation. The fee for an application for a variation with N.J.A.C. 5:23-2.10 shall be $655 for Class I structures and $75 for Class II and III structures. Resubmission fees shall be $250 for Class I structures and $75 for Class II and Class III structures.
8.
Minimum fee. The minimum building subcode fee for plan review and/or inspections for R-3 and R-5 shall be $85. All other use groups shall be $150.
9.
Foundation location survey: $35.
10.
Miscellaneous for all subcodes. The fee for any work not listed shall be $85 or calculated by the dollar value of the project [see paragraph a2 above], whichever is greater.
11.
State training fees. Current fees are pursuant to N.J.A.C. 5:23-4.19.
12.
To reinstate a lapsed permit, the fee shall be 20% of the original fee.
13.
The reinspection fee, for all subcodes, if a third inspection is required, shall be $75.
14.
Certificate fees:
(a)
Residential certificate of occupancy (new construction): $70.
(b)
Commercial certificate of occupancy (new construction): $175.
(c)
Change of use certificate of occupancy: $120.
(d)
Continued certificate of occupancy (commercial): $80.
(e)
Certificate of approval for hazardous equipment: $100.
(f)
Temporary certificate of occupancy: $30 residential; $100 commercial.
(g)
Letter of no interest (required for all residential resale): $65.
15.
There shall be a returned check fee of $25.
16.
Plan review fees for all subcodes:
(a)
Pursuant to N.J.A.C. 5:23-4.18(b)1, the plan review fee shall be 25% of the cost of the construction permit.
(b)
The hourly fee for review of any amendments or changes to a plan that has already been reviewed shall be $50.
(c)
Plan review fees shall be collectable on all applications whether the project has been undertaken or not.
17.
Request for permit refunds. All plan review and state training fees are nonrefundable.
18.
Change of contractor fee: $15 per subcode residential; $25 per subcode for all remaining use groups.
b.
Plumbing subcode fees:
1.
Minimum fee. The minimum plumbing subcode fee for plan review and/or inspections for R-5 and R-3 shall be $85; all other use groups: $150.
2.
Fixtures and appliances. The installation of plumbing per fixture or stack shall include but not be limited to water closets, urinals, bidets, bathtubs, shower stalls, laundry tubs, floor drains, drinking fountains, dishwashers, clothes washers, water heaters, roof drains, hose bibs, indirect connections, backflow preventers for R-3 and R-5 residential boilers, or similar devices. The fee shall be as follows: $20 per fixture and appliance. Chimney liners: R-5 and R-3 are $75 each; all other use groups: $150 each.
3.
Special devices. The installation of special devices shall include but not be limited to grease interceptors, oil separators, refrigeration units, backflow preventers with test ports, reduced pressure zone backflow preventers with test ports, pressure vacuum breakers with chemical injectors (other than R-3 and R-5), steam boilers, hot water boilers (excluding those for domestic water heating), active solar systems, interceptors, fuel piping (other than R-3 and R-5), air conditioners (other than R-3 and R-5), LP tanks (under 2,000 gallons) or similar devices. The fee shall be as follows: $75 per fixture and appliance.
4.
Annual backflow inspection. The minimum fee for annual backflow certification shall be as follows: $75 per device.
6.
Air conditioning. For the installation of air conditioning for R-3 and R-5, the fee shall be as follows: $50 per unit.
7.
Gas piping. For the installation of each appliance connected to the gas piping system, the fee shall be as follows: $20 per fixture and appliance.
9.
Lawn irrigation.
(a)
The fee for the installation of a PVB (pressure vacuum breaker), backflow preventer without chemical injectors shall be as follows: $50 per preventer for residential and $100 per preventer for commercial.
(b)
Modular and Premanufactured Structures. The construction permit is based on the estimated cost of the plumbing tech, external utility connections, and HVAC systems; the fee shall be as follows: $35 per $1,000.
11.
Water and sewer service lines: R-5 and R-3, $75; all other use groups, $150 (on multiple units the fee is per unit).
14.
Pool heaters: $95 each.
c.
Electrical subcode fees.
1.
Electrical fixtures and devices. When calculating the above fee, the terms "receptacles," "fixtures," and "switches" shall include lighting outlets, fluorescent fixtures, light standards, pool bonding, intercom devices, telephone outlets, CRT outlets, thermostats, burglar alarm devices, heat detectors, and smoke detectors.
Items | Fee |
|---|---|
1 to 50 receptacles, fixtures, and switches | $75 |
Increments of 25 additional items | $15 |
2.
Motors and electrical devices.
(a)
Motors.
Size (horsepower) | Fee |
|---|---|
Greater than 1 but less than or equal to 10 | $25 |
Greater than 10 but less than or equal to 50 | $65 |
Greater than 50 but less than or equal to 100 | $150 |
Greater than 100 | $500 |
(b)
Electrical devices (This includes transformers, generators and PV devices.).
(1)
Fees.
Size (kilowatts) | Fee |
|---|---|
Greater than 1 but less than or equal to 10 | $25 |
Greater than 10 but less than or equal to 45 | $65 |
Greater than 45 but less than or equal to 112.5 | $150 |
Greater than 112.5 | $500 |
R-5 and R-3 photovoltaic (PV) array systems up to 10 KW | $225 |
For each KW (or portion) above 10 KW | $25 |
(2)
For the purpose of computing this fee, typical ratings are listed below. (NOTE: Actual nameplate KW rating must be on the application to assure no delay in permit issuance.)
Device | Average Ratings (KW) |
|---|---|
Electric dryer | 5.0 |
Electric range | 10.8 |
Electric oven | 5.7 |
Surface unit | 5.1 |
Geothermal | Range from 3.8 to 19.2, Plus heat pump 2.6 to 7.4 |
Electric baseboard heat, four-foot length | 1.3 |
Hard-wired microwave ovens | 1.44 |
Water heater | 4.5 |
Central air (per ton) | 1.4 |
Central heat (electric) | 5.0 |
Dishwasher | 1.2 |
3.
Service equipment (service panel, service entrance, and subpanels). Each piece of equipment shall be priced as follows:
Size (amps) | Fee |
|---|---|
Greater than 0 but less than or equal to 200 | $75 |
Greater than 200 but less than or equal to 1,000 | $200 |
Greater than 1,000 | $500 |
4.
Temporary service/pole. Service plus GF receptacle: $90.
5.
Central air. Average residential unit/air handler plus disconnect: $65.
8.
Annual commercial in-ground pool inspection: $75.
9.
Minimum Fee. The minimum fee for electrical subcode plan review and/or inspections for R-5 and R-3 shall be $85; all other use groups: $150.
d.
Fire subcode fees.
1.
Minimum fee. The minimum fee for fire subcode plan review and/or inspections for R-5 and R-3 shall be $85; all other use groups: $150.
2.
Tents. Tents greater than 900 square feet or larger than 30 feet in any direction: $125.
3.
Standpipes and risers: $275 each.
4.
Sprinkler heads, detectors and devices.
Number of Heads or Detectors | Fee |
|---|---|
1 to 20 | $125 |
21 to 100 | $175 |
101 to 200 | $300 |
201 to 400 | $800 |
401 to 1,000 | $1,400 |
Over 1,000 | $1,600 |
Complete sprinkler system, R-5 and R3 | $250 |
7.
Independent pre-engineered systems: $150.
8.
Engineered suppression systems: $150.
9.
Spray booths/dipping tanks: $150 each.
11.
Fuel-dispensing units/piping per island (three per group): $300.
13.
Combustion air commercial: $75.
15.
Chimneys, wood stoves, liners and zero-clearance fireplaces: R-5 and R-3 are $75 each. All other use groups: $150 each.
16.
Incinerators/crematoriums: $460 each.
17.
Smoke control systems: $250.
18.
Generators: R-5 and R-3: $75: all other use groups $150.
[Ord. No. 6-83 § II; Ord. No. 3-86 § 1]
Electrical inspections shall be performed by a duly licensed and qualified electrical inspector, as appointed by the Governing Body of the Borough of Farmingdale, in accordance with the provision of this section and the Uniform Construction Code of the State of New Jersey.
[1]
Editor's Note: Former subsections 10-1.7, Biannual Report of Construction Official; 10-1.8, Surcharge Fee on New Construction and 10-1.9, Fire Limits, previously codified herein and containing portions of Ordinance No. 151, §§ 1 - 3 were repealed in their entirety by Ordinance No. 00-02.
[Ord. No. 1-80 § I; New]
A property owner or contract purchaser of a new residential building shall make application to the Construction Official for a certificate of occupancy for a residential structure.
[Ord. No. 1-80 § II; New]
Within 10 business days of the filing of the application the Construction Official shall inspect the residence and certify in writing to the applicant that the structure complies with the applicable provisions of the Borough Zoning Code and the Uniform Construction Codes of the State of New Jersey, or shall specify discrepancies and nonconformities, if any, which must be corrected before an unconditional certificate of occupancy will be issued.
[Ord. No. 1-80 § III]
The inspection shall be conducted to determine structural safety and zoning compliance only for the purpose of obtaining governmental mortgage insurance and shall not be relied upon by any person or agency for any other purpose.
[Ord. No. 1-80 § IV; New]
Applications shall be submitted upon forms supplied by the Construction Official together with a fee stated in subsection 10-1.5e, payable to the Borough Treasurer. The fee for each subsequent inspection for the same application shall be as stated in subsection 10-1.5e.
[1]
Editor's Note: Former subsection 10-4.5, Appeals, previously codified herein and containing portions of Ordinance No. 1-80, was repealed in its entirety by Ordinance No. 00-02.
[Added 7-9-2019 by Ord. No. 05-2019]
Upon the filing of a completed rental registration form, payment of the prescribed fee, and a satisfactory inspection, the owner shall be entitled to the issuance of a certificate. Said certificate shall expire on December 31 of each year, or in the event of a change in tenancy or ownership. A certificate shall be issued to the owner for each rental unit, even if more than one rental unit is contained in the property. The certificate of occupancy is only valid for 90 days after inspection if a tenant is not already assigned to the premises.
Refer to § 2-58.2c.
[Amended 2-21-2023 by Ord. No. 01-2023]
a.
The Code Enforcement Official, or designee, shall make inspections to determine the conditions of dwellings, dwelling units, rooming units and premises located within the Borough. For the purpose of making inspections, the Code Enforcement Official, or designee, are authorized to enter and examine any dwelling, dwelling unit, rooming unit or premises at such reasonable hours as the circumstances of the case permit. This section shall not be construed to prohibit the entry of any such officials or their designee at any time when an actual emergency exists which tends to create a danger to public health or safety or at any time when an inspection is requested by the owner or occupant.
b.
N.J.A.C. 5:28A New Jersey's Lead Safe Certification requires lead based paint inspection for all rental dwellings constructed during 1978 or prior. Non-exempt properties will be required upon their first turnover or within two years of the effective date of the law, July 22, 2022, to complete their initial Lead Safe Certification inspection. This means that the first inspection must be performed no later than July 22, 2024. All units shall be inspected for lead based paint hazards every three years, or upon tenant turnover, whichever is earlier. An inspection upon tenant turnover is not required if the owner has a valid lead-safe certificate. Lead-safe certificates are valid for two years. If the lead-safe certificate has expired, and there will be a tenant turnover, an inspection will be necessary before the three-year inspection.
Upon presentation of proper identification, the owner, occupant or person in charge of a dwelling, dwelling unit, or rooming unit shall give the Code Enforcement Official, or designee, free access to the premises for the purpose of inspection or making any repairs or alterations which are necessary to effect compliance.
Any person who violates any provision of this chapter shall be liable to a fine not exceeding $1,000 per week. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this chapter. Failure to register each rental unit shall result in additional fines not to exceed $50 per day.
[Ord. 11/16/93 § 1]
The intention of this section is to apply retroactively and include existing lots and buildings as well as those created after the effective date of this section.
[Ord. 11/16/93 § 2]
All buildings, including residences and lots of land established within the Borough shall be subject to being numbered for proper identification, especially for reasons of expedience in fire, police and medical emergencies.
[Ord. 11/16/93 § 3]
The Postmaster of the Farmingdale Post Office is hereby authorized to designate a system of numbering such lots for proper identification.
The Postmaster is further authorized to assign numbers to buildings erected upon such lots for proper identification.
[Ord. 11/16/93 § 4]
The property owner shall apply to the Postmaster to obtain the number assigned to the owner's building, and upon making such application, the Postmaster shall issue to the applicant the number assigned to his building. Thereupon, the owner shall affix and display upon the main building the assigned number in numerical or written (English) fashion.
No number shall be placed upon any building for the purpose of this section, unless said number shall be that number which has been assigned under the authority of this section.
In the absence of an application, the Postmaster is empowered to notify the property owner of the number assigned to his building, and it shall be the obligation of the owner to affix and display the number in accordance herewith and maintain the numbers at all times.
[Ord. 11/16/93 § 5]
The size of the number required to be affixed and displayed shall not be less than three inches in height and shall be numerical or written (English) style. It shall be placed in a conspicuous location upon the street-facing portion of the main building at a location thereon to provide a clear and legible identification of the building.
Where possible, the number shall be placed so as to be illuminated by existing outside lighting. Where building is so situated as to prevent the unaided eye from reading the number affixed thereto from the street, the number shall be displayed on an appropriate marker, post or on the mailbox adjacent to the driveway or walkway leading to said building.
[Ord. No. 2010-06]
The purpose of this section is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Farmingdale so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2010-06]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Farmingdale or other public body, and is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 2010-06]
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
[Ord. No. 2010-06]
Storm drain inlets identified in subsection 10-17.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 10-17.4c below.
a.
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2.
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
c.
This standard does not apply:
1.
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. No. 2010-06]
The administrative and enforcing authority for the provisions of this section shall be the Code Enforcement Officer, Construction Code Officials, Licensed Water/Sewer Operator, Health Officer, Officer with the State Police Department, Zoning Officer or any other duly appointed official of the Borough of Farmingdale.
[Ord. No. 2010-06]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the penalties as specified in the Revised General Ordinances of the Borough of Farmingdale, Section 1-5 entitled "General Penalty" for each storm drain inlet that is not retrofitted to meet the design standard.