[1967 Code § 9A-1.1; Ord. No. 27-2011]
There is hereby established in the Borough a uniform construction
code enforcing agency to be known as the Borough of Pitman Uniform
Construction Code Enforcing Agency, consisting of the Construction
Official, Building Subcode Official, Electrical Subcode Official,
Plumbing Subcode Official and Fire Protection Subcode Official and
such other officials 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 of the
Borough shall be the chief administrator of the enforcing agency.
[1967 Code § 9A-1.2; Ord. No. 8-10 § 1.1; Ord. No. 27-2011]
Each official position created in subsection 10-1.1 shall be filled by a person qualified for such position pursuant to the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., as amended and N.J.A.C. 5:23-1.1 et seq., provided that, in lieu of a particular subcode official, an on-site inspection agency may be retained by contract, pursuant to N.J.A.C. 5:23-1.1 et seq. More than one official position may at any time be held by the person; provided that such person shall be found to be qualified pursuant to N.J.S.A. 52:27D-119, et seq., and N.J.A.C. 5:23-1.1 et seq., to hold such position.
[1967 Code § 9A-1.3; Ord. No. 27-2011]
The public shall have the right to do any business with the
enforcing agency at its office located at the Borough administration
building, except for emergencies and unforeseen or unavoidable circumstances.
[1967 Code § 9A-3.1, 3.3; Ord.
No. 08-10; Ord. No. 10-5; Ord. No. 27-2011; Ord. No. 2-2016]
The fee for a construction permit shall be the sum of the subcode
fee listed in paragraphs a through e hereof and shall be paid before
any permit for construction shall be issued.
a.
Building Subcode Fees.
1.
New Construction. The fee shall be computed at $0.038 per cubic foot
of building volume with a minimum of $250.00 for each permit.
*Exception: Exception to such minimum charge shall apply to
small sheds, residential garages not insulated and other small uninsulated
accessory structures on residential properties, as determined by the
Construction Official. The minimum charge shall be computed at $0.035
per cubic foot of building volume, with a minimum charge of $75.00.
(a)
Modular Homes. Permit fees for the erection of modular or manufactured
homes shall be based upon the estimated costs of the work, inclusive
of labor and materials. The fee shall be $45.00 per thousand dollars
of cost, with a minimum of $400.00.
3.
Combination of Renovations and Additions. The amount shall be the
sum of the fees computed separately as renovations and additions.
4.
Moving of Building. The fee for a permit for the removal of a building
or structure from one lot to another or to a new location on the same
lot shall be $10 per $1,000 of the sum of the estimated costs for
moving, provided that the minimum fee shall be $30.
5.
Demolition. Permit fees for the demolition of buildings shall be
as follows:
|
Use
|
Flat Fee
|
|---|---|
|
Single-family dwelling
|
$75.00
|
|
Garage
|
$50.00
|
|
Other use group
|
$200.00
|
b.
Plumbing Subcode Fees.
1.
For each plumbing application, minimum fee: $65.00
2.
Additional fees shall apply to the following devices:
|
Device
|
Fee
|
|---|---|
|
Air-conditioner Unit
|
$30.00
|
|
Backflow Device
|
$30.00
(Commercial $65.00)
|
|
Bathtub
|
$15.00
|
|
Commercial Dishwasher
|
$15.00
|
|
Dishwasher
|
$15.00
|
|
Domestic Boiler or Furnace
|
$15.00
|
|
Garbage Disposal
|
$15.00
|
|
Grease Trap
|
$90.00
|
|
Hose Bib
|
$15.00
|
|
Indirect Connection
|
$90.00
|
|
Interceptor
|
$90.00
|
|
Lavatory, Sink
|
$15.00
|
|
Floor Drain
|
$15.00
|
|
Gas Pipe — Each outlet
|
$15.00
|
|
Gas Service Connector
|
$65.00
|
|
Reduce Pressure Backflow Device
|
$15.00
|
|
Sewer Ejector
|
$90.00
|
|
Steam Boiler
|
$90.00
|
|
Vent Stack
|
$15.00
|
|
Washing Machine
|
$15.00
|
|
Water Closet, Bidet or Urinal
|
$15.00
|
|
Water Heater
|
$15.00
|
|
Water Cooler
|
$15.00
|
|
New, Replacement or Repair of Sewer or Water Laterals
|
$90.00
|
3.
The fees charged herein shall be for each living unit or multiple
dwelling, apartment house or building and structures containing separate
living units and all other building and structure classifications.
For any item not listed above, a special fee shall be determined by
the Construction Official and the Plumbing Subcode Official.
c.
Electrical Subcode Fees.
1.
For each electrical application, the minimum fee shall be: $65.00.
2.
Additional fees shall apply to the following devices:
|
Device
|
Fee
|
|---|---|
|
Rough wiring, all switches, receptacles and lighting outlets
to be counted as outlets
| |
|
1 to 25
|
$30.00
|
|
26 to 50
|
$55.00
|
|
For each additional 25 outlets or fraction
|
$10.00
|
|
Mercury vapor lamps; mogul sockets, 300 watts and over
| |
|
1 to 5
|
$25.00
|
|
Additional Lamps, each
|
$6.00
|
|
Swimming Pools
| |
|
In-ground
|
$100.00
|
|
Aboveground
|
$75.00
|
|
Spa, Hot Tub
|
$75.00
|
|
Hydromassage Bathtubs
|
$40.00
|
|
Fountains
|
$40.00
|
|
Therapeutic Pools
|
$40.00
|
|
Electrical Appliances
| |
|
Range/Oven
|
$30.00
|
|
Central Heating and Air Conditioning
|
$30.00
|
|
Heat Pumps
|
$30.00
|
|
Electrical baseboard, cable, ceiling, all units,
duct, door heaters, radiant heaters
| |
|
First unit
|
$30.00
|
|
Each additional unit
|
$5.00
|
|
Electrical Furnaces, Boilers, Welders, Motors or Generators:
| |
|
Fractional horsepower or less than 1 kilowatt
|
$12.00
|
|
Paddle Fans
|
$12.00
|
|
Small Exhaust Fans
|
$12.00
|
|
Gas Dryers
|
$12.00
|
|
Gas Heaters
|
$12.00
|
|
1 horsepower or kilowatt to 10 horsepower or kilowatt
|
$15.00
|
|
Dishwasher
|
$15.00
|
|
Water Heater
|
$15.00
|
|
Garbage Disposal
|
$15.00
|
|
Compactor
|
$15.00
|
|
Sump Pump
|
$15.00
|
|
Electric Dryer
|
$15.00
|
|
More than 10 horsepower or kilowatt to 20 horsepower
or kilowatt
|
$65.00
|
|
More than 20 horsepower or kilowatt to 50 horsepower
or kilowatt
|
$75.00
|
|
More than 50 horsepower or kilowatt
|
$150.00
|
|
Bond Wire and Heater
|
$15.00
|
|
Electrical service, subpanels and feeders and reintroduction
of services:
| |
|
Less than 100 amperes
|
$45.00
|
|
100 amperes to 149 amperes
|
$60.00
|
|
More than 149 amperes to 199 amperes
|
$60.00
|
|
More than 199 amperes to 399 amperes
|
$75.00
|
|
More than 399 amperes to 599 amperes
|
$125.00
|
|
More than 599 amperes to 999 amperes
|
$150.00
|
|
Over 999 amperes
|
$650.00
|
|
Transformers
| |
|
200 kilovolt-ampere or less
|
$45.00
|
|
More than 200 kilovolt-ampere to 500 kilovolt-ampere
|
$100.00
|
|
More than 500 kilovolt-ampere
|
$200.00
|
|
Other Electrical Equipment:
| |
|
Motion Picture Equipment
| |
|
Booth, including equipment
|
$50.00
|
|
Capacitors, resistors, reactors
| |
|
1 unit
|
$25.00
|
|
Each additional unit
|
$10.00
|
|
Each sign
|
$40.00
|
|
Radio and television installation
|
$50.00
|
|
Solar energy devices
| |
|
Each array panel
|
$10.00
|
|
Residential solar devices to 10kW
|
$300.00
|
|
Residential solar devices to 10kW
|
$300.00 + $15.00 over 10kW
|
|
Commercial solar devices to 50kW
|
$750.00 + $50.00 per each kW over 50
|
|
Protective signal systems:
| |
|
First 15 devices
|
$45.00
|
|
Each additional five devices
|
$10.00
|
|
First pneumatic circuit
|
$45.00
|
|
Each additional
|
$10.00
|
|
Each detector single-family dwelling
|
$10.00
|
|
Other use groups, each five
|
$40.00
|
|
Exit signs and emergency
| |
|
Lighting, each five
|
$30.00
|
|
Battery pack, each five
|
$50.00
|
|
Rain sensor — sprinkler system
|
$25.00
|
d.
Fire Protection Subcode Fees.
1.
For each fire-protection application, the minimum fee shall be $65.00.
2.
Permit fees for fire protection devices shall be as follows:
|
Device
|
Fee
|
|---|---|
|
Sprinkler systems
| |
|
1 to 20 heads
|
$100.00
|
|
21 to 100 heads
|
$150.00
|
|
101 to 200 heads
|
$300.00
|
|
201 to 400 heads
|
$650.00
|
|
401 to 1,000 heads
|
$1,000.00
|
|
Hydraulic designed systems shall be assessed twice
the standard price.
| |
|
Special suppression systems:
| |
|
Carbon dioxide systems
| |
|
1 to 75 pounds of agent
|
$95.00
|
|
Over 75 pounds of agent, additional, per pound
|
$0.10
|
|
Halogenated systems
| |
|
1 to 35 pounds of agent
|
$95.00
|
|
Over 35 pounds of agent, additional, per pound
|
$1.50
|
|
Dry chemical systems
| |
|
Cooking operation system
|
$70.00
|
|
Comparable systems, per 50 pounds of agent
|
$70.00
|
|
Wet chemical system
|
$70.00
|
|
Kitchen ventilation system
|
$65.00
|
|
Alarms:
| |
|
Residential, one- and two- family dwellings per
detector
|
$8.00
|
|
All other groups:
| |
|
Detectors, pull stations, bells and other sounding
devices:
| |
|
1 to 20
|
$100.00
|
|
Each additional
|
$5.00
|
|
Supervisory device
|
$30.00
|
|
Standpipes:
| |
|
Per riser
|
$250.00
|
|
Plus per floor, and
|
$30.00
|
|
Plus per hose cabinet
|
$30.00
|
|
Heat Producing Devices:
| |
|
One- and two-family dwelling
|
$65.00
|
|
Other use groups, per thousand dollars of labor
and materials
|
$15.00
|
|
Minimum fee
|
$65.00
|
3.
Other. For any item not listed above, a special fee shall be determined
by the Construction Official and the Fire-Protection Subcode Official.
e.
Mechanical Subcode Fees.
1.
For each mechanical application, minimum fee $65.00
2.
Additional fee shall apply to the following devices:
|
Replacement Only Residential
|
$65.00 minimum fee per application
|
|
Replacement-Heating Dev.-R3,R4,R5
|
$85.00
|
|
LPG, NG, Oil Furnaces, Wtr Htr, Boiler
|
$85.00
|
|
Generators, LPG, NG
|
$85.00
|
|
Tanks, Oil and LPG
|
$65.00
|
|
Piping Connections, LPG, NG, Oil
|
$65.00
|
3.
The fees charged herein shall be for each living unit or multiple
dwelling, apartment, house, or building, and structures containing
separate living units and all other building and structure classifications.
For any item not listed in the Mechanical Subcode Fee, a special fee
shall be determined by the Construction Official and the Plumbing
Subcode Official.
[1967 Code § 9A-3.3; Ord. No. 27-2011]
The fee for a permit for the removal of a building or structure
from one lot to another or to a new location on the same lot shall
be $10 per $1,000 of the sum of the estimated costs for moving, provided
that the minimum fee shall be $30.
[1967 Code § 9A-3.4; Ord. No. 27-2011]
a.
Certificate of Occupancy. The fee for a certificate of occupancy shall be as stated in Section 10-4.
b.
Temporary Certificate of Occupancy. The fee for the issuance and
the renewal of a temporary certificate of occupancy shall be $30.
1.
Exception. There shall be no fee for the first issuance of the temporary
certificate of occupancy provided the certificate of occupancy fee
is paid at the start.
c.
Change of Use and Continued Use Certificate. The municipality shall
establish a flat fee of $75 for certificate of continued occupancy,
for certificate of occupancy granted pursuant to a change of use,
for multiple certificates of occupancy (as for a shopping center),
and similar conditions.
[1967 Code § 9A-3.5; Ord. No. 27-2011]
Ongoing inspections in accordance with N.J.A.C. 5:23 et seq.
[1967 Code § 9A-3.6; Ord. No. 27-2011]
Elevators in accordance with N.J.A.C. 5:23 et seq.
[1967 Code § 9A-3.7; Ord. No. 27-2011]
All reinspections of work covered under this section and made
necessary by noncompliance, omission or addition, after inspection,
shall be performed for an additional fee of 50% of the appropriate
fee, or a minimum fee of $25, per such inspection.
[1967 Code § 9A-3.8; Ord. No. 27-2011]
The fees imposed herein shall be charged for each living unit
of each multiple dwelling, apartment house or buildings containing
separate living units.
[1967 Code § 9A-3.9; Ord. No. 27-2011]
The Construction Official, with the advice of the subcode officials,
in his/her capacity as Construction Official, shall prepare and submit
to the Borough, biannually, a report recommending a fee schedule based
on the operating expenses of the agency and such other expenses of
the Borough fairly attributable to the enforcement of the State Uniform
Construction Code Act.
[1967 Code § 9A-3.10; Ord. No.
08-10; Ord. No. 27-2011]
a.
Collection, Remittance to Department of Community Affairs. In order
to provide for the training, certification, and the technical support
programs required by the Uniform Construction Code Act, the enforcing
agency shall collect, in addition to the fees specified above, a surcharge
fee in accordance with N.J.A.C. 5:23 et seq. Such surcharge fee shall
be remitted to the Department of Community Affairs, on a quarterly
basis.
b.
Annual Report. The enforcing agency shall report annually at the
end of each fiscal year to the Department of Community Affairs, and
not later than July 31, the total amount of the surcharge fee collected
in the fiscal year.
[Ord. No. 27-2011]
Not withstanding the provisions of the "State Uniform Construction
Code Act," P.L.1975, c.217 (C. 52:27D-119 et seq.), or any rules,
regulations or standards adopted pursuant thereto, no person shall
be charged a construction, reconstruction, alteration or improvement
designed and undertaken solely to promote accessibility by disabled
persons to an existing public or private structure or any of the facilities
contained therein.
A disabled person, or a parent or sibling of a disabled person,
shall not be required to pay any municipal fee or charge in order
to secure a construction permit for that portion of (calculated as
percentage) construction, reconstruction, alteration or improvement
which promotes accessibility to his own living unit.
For the purposes of this section, disabled person shall mean
a person who has the total and permanent inability to engage in any
substantial gainful activity by reason of any medically determinable
physical or mental impairment, including blindness, and shall include,
but not be limited to, any resident of this State who is disabled
pursuant to the federal Social Security Act (42 U.S.C. 416), or the
federal Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) or
is rated as having 60% disability or higher pursuant to any federal
law administered by the United States Veterans' Act. For purposes
of this paragraph, "blindness" means central vision acuity of 20/200
or less in the better eye with the use of a correcting lens. An eye
which is accompanied by a limitation in the fields of vision such
that the widest diameter of the visual field subtends an angle no
greater than 20 degrees shall be considered as having a central visual
acuity of 20/200 or less.
[Ord. No. 16-2012]
a.
NONPROFIT CORPORATION
CONSTRUCTION FEES AND SURCHARGES
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Shall mean and refers only to any charitable, philanthropic,
fraternal or religious nonprofit organization, recognized as holding
a tax exempt status under the Federal Internal Revenue Code, 26 U.S.C. § 501
(c) or (d).
Shall mean and refers only to the subcode fees defined in
this chapter for construction, plumbing and/or electrical charged
by the Borough to an applicant for the review of an application for
development and/or construction fees imposed pursuant to the Borough
Construction Fee Schedule.
b.
Request for Waiver of Construction, Plumbing and/or Electrical Subcode
Fees. Any application for development filed for or on behalf of a
charitable, philanthropic, fraternal or religious nonprofit organization
as defined in this chapter may request that a portion of the construction,
plumbing and electrical subcode fees for such an application or appeal
be waived. The request for waiver shall be made simultaneous with
the submission of the application for development.
c.
Procedure for Waiver Request. The applicant shall request a waiver
of construction, plumbing and/or electrical subcode fees under this
chapter as follows:
1.
A qualified nonprofit organization seeking a partial exemption from
payment of any fee shall request such exemption in writing to the
Municipal Clerk.
2.
Any written application for exemption under this chapter shall include
a copy of the nonprofit organization's Federal tax exemption
certificate.
3.
The applicant shall provide verification from the Borough Tax Collector
that all municipal taxes and assessments on the property in question
are current as of the date of application for waiver of fees.
4.
The Municipal Clerk shall forward the written request and documentation
to the Borough Council for consideration of the exemption.
d.
Maximum Waiver. The Borough Council, upon showing by the applicant
that it is a charitable, philanthropic, fraternal or religious nonprofit
organization recognized under the Federal Internal Revenue Code, 26
U.S.C. § 501 (c) or (d), is the holder of a Federal tax
exempt status and is current with all municipal taxes and assessments
on the property in question may waive 20% of combined construction
fees and surcharges as defined in this chapter, up to a maximum waiver
of fees not to exceed $2,000.
[Ord. No. 08-12 § 1; Ord. No. 27-2011]
This section is hereby adopted to provide for inspections, and
to regulate and govern the conditions and maintenance of all property,
dwellings, buildings and structures (collectively "premises") in the
Borough of Pitman; and providing for the issuance of occupancy permits
and collection of fees relating thereto.
[Ord. No. 08-12 § 2; Ord. No. 27-2011]
Pursuant to the provisions of N.J.S.A. 40:48-2.12a et seq. and
N.J.S.A. 40:49-5.1; the 2003 International Property Maintenance Code;
2006 International Building Code, New Jersey Edition; 2006 International
Residential Code; 2006 National Standard Plumbing Code; and the Uniform
Fire Safety Act, N.J.S.A. 52:27D-192 et seq. (collectively "codes"),
as may be approved by and adopted subsequent thereto by the Department
of Community Affairs of the State of New Jersey, are hereby accepted,
adopted and established as a standard to be used as a guide in determining
whether dwellings and buildings in this Borough are safe, sanitary
and fit for human habitation and/or rental. When required by law,
at least three copies of said codes and regulations, and any amendments
subsequent thereto, have been placed on file in the office of the
Borough Clerk and are available for inspection to all persons desiring
to use and examine same.
[Ord. No. 08-12 § 3; Ord. No. 27-2011]
As used in this section:
Shall mean any person or entity having actual use, possession
or control of the dwelling, building and/or structure, or any part
thereof.
Shall mean any person who has charge, care or control of
the dwelling, building and/or structure, or any portion thereof, whether
with or without the consent of the owner.
Shall mean any person or person's agent who, alone or
jointly or severally with others, shall have legal or equitable title
to any premises, with or without accompanying actual possession thereof,
or shall have charge, care or control of any premises as owner or
agent of the owner or as fiduciary, including but not limited to executor,
executrix, administrator, administratrix, trustee, receiver or guardian
of the estate or as a mortgagee in possession, regardless of how such
possession was obtained. Any person who is a lessee subletting or
reassigning any part or all of any premises shall be deemed to be
a co-owner with the lessor and shall have joint responsibility over
the portion of the premises sublet or assigned by said lessee.
[Ord. No. 08-12 § 4]
All buildings and premises for use and occupancy in the Borough
are subject to inspection from time to time by the Code Enforcement
Officer, Police Department or any other Borough official charged with
the duty of enforcing regulations governing any aspects or use of
said premises. At the time of such inspections, all parts of the premises
must be available and accessible for such inspection, and the owner,
operator and/or occupant are required to provide the necessary arrangements
to facilitate such inspections. Such inspections shall be made during
open hours of the business occupying said premises unless there is
reason to believe a violation exists of a character which is an immediate
threat to health or safety requiring inspection and abatement without
delay.
[Ord. No. 08-12 § 5; Ord. No. 27-2011]
No person shall occupy or use any premises or portion thereof
after such premises has been vacated, or ownership, control or possession
transferred or conveyed until he/she shall have applied for and secured
a certificate of occupancy from the Code Enforcement Officer.
[Ord. No. 08-12 § 7; Ord. No. 27-2011]
a.
No certificate of occupancy shall be issued hereunder until an inspection
is made by the Code Enforcement Officer of the premises to determine
whether the premises or a portion thereof and/or the proposed use
complies with the applicable provisions of this section, and any other
codes pertaining to the use, occupancy and/or maintenance of said
premises.
b.
The Code Enforcement Officer shall cause such inspection to be made within 10 business days of the date of the submission of a written application. The Code Enforcement Officer shall issue a certificate of occupancy only after he/she shall have determined that the premises and/or proposed use complies with all applicable provisions of the codes referred to in subsection 10-4.2 and any other codes or regulations as required.
c.
If the Code Enforcement Officer shall determine that the premises and/or the proposed use are not in compliance with the aforesaid codes referred to in subsection 10-4.2, the Code Enforcement Officer shall deliver written notice to the applicant advising of the violations and items which the premises and/or proposed use do not comply with such codes.
d.
Upon correction of the violations, the owner, operator or occupant
shall notify the Code Enforcement Officer of the corrections, and
within seven days a reinspection shall be made of the prior violations
and noncompliant items.
e.
The Code Enforcement Officer may, in his/her sole discretion, issue
a temporary certificate of occupancy, notwithstanding a failure to
comply with the aforesaid codes, permitting use and/or occupancy of
the premises while corrective action is being conducted and upon such
further conditions as he/she deems reasonable, provided that no such
temporary certificate shall be issued unless the Code Enforcement
Officer determines that the same will not pose an imminent or substantial
danger to the public health, safety or welfare. In no event shall
such temporary certificate be valid for a period of more than 30 days
unless good cause is shown to the Code Enforcement Officer or his/her
designee.
f.
A certificate of occupancy issued as provided herein shall be valid
for a period of 60 days from the date of issuance.
g.
The owner, operator and/or occupant shall be charged a fee of $75
per building, dwelling or unit for the initial inspection. If additional
reinspection is required, an additional fee of $45 per building, dwelling
or unit shall be charged for each reinspection.
[Ord. No. 08-12 § 8; Ord. No. 27-2011]
Whenever the Code Enforcement Officer shall deny or revoke the
issuance of a certificate of occupancy by reason of a determination
that the premises or proposed use does not comply with the applicable
codes respecting such use, occupancy or maintenance of said premises,
the applicant may appeal said decision in accordance with the appeal
procedures set forth in the codes to which the alleged violation applies.
[Ord. No. 08-12 § 9; Ord. No. 27-2011]
The Borough's Code Enforcement Officer is hereby designated
as the officer(s) to exercise the powers prescribed by this section.
[Ord. No. 08-12 § 10; Ord. No. 27-2011]
a.
Any person violating this section shall, upon conviction thereof,
be punishable by one or more of the following: imprisonment in the
county jail for a term not exceeding 90 days; by a period of community
service not exceeding 90 days; by a fine of not less than $25 or more
than $1,250, at the discretion of the Judge.
b.
Any person who is convicted of violating the provisions of this section
within one year of the date of the previous violation of the same
section and who was fined for the previous violation shall be sentenced
by the Court to an additional fine as a repeat offender. The additional
fine imposed by the Court for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this section, but shall be calculated separately from the fine
imposed for the original violation of this section. Whenever such
person shall have been officially notified or by service of a summons
in a prosecution, or in any other official manner, that said person
is committing a violation, each day's continuance of such violation
after such notification shall constitute a separate offense, punishable
by a like fine or penalty.
[N.J.S.A. 40:48-2.3; Ord. No. 27-2011]
It is hereby found and declared that the existence or occupation
of any building or buildings or parts thereof in the Borough which
are so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation or occupancy
or use inimical to the welfare and dangerous and injurious to the
health and safety of the people of the Borough, and that a public
necessity exists for the repair, closing or demolition of such building
or buildings or part thereof. It is hereby found that there exists
in the Borough building or buildings which are unfit for human habitation
or occupancy or use due to dilapidation, defects increasing the hazards
of fire, accidents or other calamities, lack of ventilation, lack
of sanitary facilities, or due to other conditions rendering such
building or buildings or part thereof unsafe or in-sanitary or dangerous
or detrimental to the safety or otherwise inimical to the welfare
of the residents of the Borough and as to which the Borough has power,
pursuant to N.J.S.A. 40:48-2.3 et seq., to exercise its police powers
to repair, close or demolish, or cause or require the repairing, closing
or demolition of, such building or buildings or part thereof in the
manner provided herein.
[1967 Code § 9-2.1; N.J.S.A. 40:48-2.4; Ord. No. 27-2011]
As used in this section:
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.
Shall mean the Mayor and Council of the Borough of Pitman.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
Shall mean any housing authority or any officer who is in
charge of any department or branch of the government of the municipality,
county or State relating to health, fire, building regulations, or
to other activities concerning buildings in the municipality.
Shall mean the officer or officers authorized by this section
to exercise the powers prescribed by this section and by P.L. 1942,
c. 112 (N.J.S.A. 40:48-2.3 et seq.).
[Ord. No. 27-2011]
The Public Officer shall be the Construction Official and he
shall exercise the powers prescribed by this section.
[N.J.S.A. 40:48-2.5; Ord. No. 27-2011]
Whenever a petition is filed with the public officer by a public
authority or by at least five residents of the Borough of Pitman charging
that any building is unfit for human habitation or occupancy or use,
or whenever it appears to the public officer (on his own motion) that
any building is unfit for human habitation or occupancy or use, the
public officer shall, if his preliminary investigation discloses a
basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such building a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the public officer (or his designated agent) at a place
therein fixed, not less than seven days nor more than 30 days after
the serving of the complaint, and that the owner and parties in interest
shall be given the right to file an answer to the complaint and to
appear in person or otherwise and give testimony at the place and
time fixed in the complaint and that the rules of evidence prevailing
in the courts shall not be controlling in hearings before the public
officer.
[New; N.J.S.A. 40:48-2.5; Ord. No. 27-2011]
a.
If the public officer shall determine after such notice and hearing
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state in writing his findings of fact
in support of such determination and shall issue and cause to be served
upon the owner and parties in interest an order as follows:
1.
Requiring the repair, alteration or improvement of the building to
be made by the owner within a reasonable time, which time shall be
set forth in the order, or, at the option of the owner, to vacate
or have building vacated and closed within the time set forth in the
order; and
2.
If the building is in such condition as to make it dangerous to the
health and safety of persons on or near the premises and the owner
fails to repair, alter or improve the building within the time specified
in the order, then the owner shall be required to remove or demolish
the building within a reasonable time as specified in the order of
removal.
b.
Within 10 days after the service of the order provided for in paragraph
a, the owner of the building involved may appeal to the Borough Council
which, after a review of all evidence presented at the hearing, shall
affirm, modify or revoke the order issued by the public officer.
[N.J.S.A. 40:48-2.5; Ord. No. 27-2011]
If no appeal is taken, or an appeal is taken and the order of
the public officer is affirmed thereon, and the owner fails to comply
with an order to repair, alter or improve or, at the option of the
owner to vacate and close the building, the public officer may cause
such building to be repaired, altered or improved, or to be vacated
and closed; provided that the public officer shall not incur any expense
to repair, alter or improve any building without the approval, by
resolution, of the Borough Council. The public officer may cause to
be posted on the main entrance of any building so closed a placard
with the following words: "This building is unfit for human habitation
or occupancy or use; the use or occupation of this building is prohibited
and unlawful."
[Ord. No. 27-2011]
If no appeal is taken, or an appeal is taken and the order of
the public officer is affirmed thereon and the owner fails to comply
with an order to remove or demolish the building, the public officer
may cause such building to be removed or demolished, subject to the
approval, by resolution, of the Borough Council, or may contract for
the removal or demolition thereof, subject to the approval of such
contract by the Borough Council, after advertisement for and receipt
of bids therefor.
[N.J.S.A. 40:48-2.5; Ord. No. 27-2011]
The amount of the cost of the filing of legal papers, expert
witnesses' fees, search fees and advertising charges incurred
in the course of any proceeding taken under this section determined
in the favor of the Borough, and such cost of repairs, alterations
or improvements, or vacating and closing or removal and demolition,
if any, or the amount of the balance thereof remaining after deduction
of the sum, if any, realized from the sale of materials derived from
such building or from any contract for removal or demolition thereof
shall be a municipal lien against the real property upon which such
cost was incurred. If the building is removed or demolished by the
public officer, he shall sell the materials of such building. There
shall be a credit against the cost of removal or demolition thereof
the proceeds of any sale of such materials or any sum derived from
any contract for the removal or demolition of the building. If there
are no such credits or if the total sum of such costs exceeds the
total of such credits, a detailed statement of the aforesaid costs
and the amount so due shall be filed with the Municipal Tax Assessor
or other custodian of record of tax liens and a copy thereof shall
be forthwith forwarded to the owner by registered mail. If the total
of the credits exceeds such costs, the balance remaining shall be
deposited in the Superior Court by the public officer, shall be secured
in such manner as may be directed by such Court and shall be disbursed
according to the order or judgment of the Court to the persons found
to be entitled thereto by final order or judgment of such Court; provided,
however, that nothing in this subsection shall be construed to impair
or limit in any way the power of the municipality to define and declare
nuisances and to cause their removal or abatement by summary proceedings
or otherwise. Any owner or party in interest may, within 30 days from
the date of the filing of a lien certificate proceed in a summary
manner in the Superior Court to contest the reasonableness of the
amount or the accuracy of the costs set forth in the municipal lien
certificate.
[Ord. No. 27-2011]
a.
The public officer may determine that a building is unfit for human
habitation or occupancy or use if he finds that conditions exist in
such building 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 of Pitman. Such conditions may include
the following, without limiting the generality of the foregoing defects
therein increasing the hazards of fire, accident or other calamities;
lack of adequate ventilation, light or sanitary facilities; dilapidation,
disrepair, structural defects, uncleanliness.
b.
Without in any way limiting the standards and conditions set forth
in paragraph a above and without in any way requiring that any one
or all of the conditions hereinafter set forth be found in order to
declare a building unfit for human habitation, occupancy or use, the
following are additional standards to guide the public officer or
his agent in determining the unfitness of buildings for human habitation
or occupancy or use:
1.
Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
2.
Those which, exclusive of foundation, show 33% or more of damage,
disrepair or deterioration of the supporting members, or 50% of damage,
disrepair or deterioration of the nonsupporting enclosing or outside
walls or covering.
3.
Those which have improperly distributed loads upon floors or roofs
or in which the same are overloaded or which have insufficient strength
to be reasonably safe for the purpose used.
4.
Those structures and every part thereof which are not maintained
in good repair by the owner or agent and unfit for human habitation;
also where the roof is not maintained so as not to leak and where
all rainwater is not properly drained and conveyed therefrom so as
not to cause dampness in the wall or ceilings on the interior or exterior.
5.
Those structures which are not maintained in proper repair so as
to give adequate protection from the elements and those structures
where the windows and doors do not fit properly and where all exterior
wood surfaces are not protected from the elements and decay by painting
or other protective covering.
6.
Those which have been damaged by fire, wind or other causes so as
to have become dangerous to life, safety or the general health and
welfare of the occupants or the people of the Borough.
7.
Where public water facilities are available, the following shall
also apply: those which lack a supply to potable running water; those
which do not have at least one flush toilet for each dwelling unit,
or, if present, is unfit for use; those which do not have a bathtub
or shower in each dwelling unit, or if present, is unfit for use.
8.
Those which have improper connections between plumbing fixtures and
the sanitary sewage disposal system.
9.
Those which, if wired for electricity, contain an inadequate, unsafe
or hazardous electrical system.
10.
Those which contain unsafe or hazardous heating or cooking facilities.
11.
Those having living room, bedroom or a kitchen without windows, or
with windows opening on an airshaft, or toilet or bathroom without
adequate ventilation.
12.
Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, fire escapes or other
means of communication.
13.
Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
14.
Those which have become so dilapidated, decayed, unsafe or unsanitary
that they are unfit for human habitation, or, by reason of structural
deficiencies or of continuous dampness or exposure brought about by
neglect or dilapidation, are likely to cause sickness or disease or
may reasonably be presumed to result in injury to the health, safety
or general welfare of those living therein.
15.
Those buildings existing in violation of any provision of the ordinances
of the Borough of Pitman or of the Board of Health relating to buildings
or health.
[Ord. No. 27-2011]
Complaints or orders issued by the public officer pursuant to
this section shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons are unknown
and the same cannot be ascertained by the public officer in the exercise
of reasonable diligence, and the public officer shall make an affidavit
to that effect, then the service of such complaint or order upon such
persons may be made by publishing the same once in a newspaper printed
and published in the County of Gloucester and circulating in the Borough
of Pitman. A copy of such complaint or order shall be posted in a
conspicuous place on the premises affected by the complaint or order.
A copy of such complaint or order shall be duly recorded or lodged
for record with the County Clerk of the County of Gloucester.
[N.J.S.A. 40:48-2.8; Ord. No. 27-2011]
Any person aggrieved by an order issued by the public officer
pursuant to this section may, within 30 days after the posting and
service of such order, avail himself of such remedies as are set forth
in N.J.S.A. 40:48-2.8.
[Ord. No. 27-2011]
The public officer is hereby authorized to exercise such powers
as may be necessary or convenient to carry out and effectuate the
purposes and provisions of this section, including the following powers
in addition to others granted herein:
a.
To investigate the building conditions in the Borough in order to
determine which buildings therein are unfit for human habitation or
occupancy or use.
b.
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examinations; provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
[Ord. No. 27-2011]
Any person who shall violate this section or who shall violate an order of the public officer, duly made and promulgated pursuant to this section, or who shall interfere with the public officer or any other person authorized to exercise the powers of the public officer, shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Such action in and penalties imposed by the Municipal Court may be in addition to any other action or proceedings provided in this section. Each day that a violation is permitted to exist shall constitute a separate offense.
[1967 Code § 8-3.1; Ord. No. 27-2011]
Each new construction project shall include concrete sidewalks,
driveway aprons and concrete curbs, constructed and paid for by the
property owner, on all street frontages of the property upon which
new construction is erected.
[1967 Code § 8-3.2; Ord. No. 27-2011]
Each additional construction project of more than 400 square
feet in finished floor area, and each accessory building construction
project which adds more than 600 square feet of enclosed building
on a site shall include concrete sidewalks, driveway aprons and concrete
curbs, constructed and paid for by the property owner, on all street
frontages of the property upon which addition or accessory building
is to be constructed.
[1967 Code § 8-3.3; Ord. No. 27-2011]
All new curbs, driveway aprons and sidewalks shall be built
in location and elevation, of detail, and of materials designated
by the Borough Engineer. All new driveway aprons shall be of concrete
and constructed as follows:
a.
The depressed curb which forms the opening of the driveway shall
be poured first, to a full depth of 18 inches, with a one-and-one-half
(1 1/2) inch reveal at the pavement surface. Where an existing
curb is to be removed and replaced with depressed curb, the existing
curb shall be removed to the nearest expansion joint or sawcut when
the nearest expansion joint exceeds half (1/2) the length of the curb
section.
b.
The concrete driveway apron shall be poured separately, with a bituminous
expansion joint placed between the apron and the depressed curb. The
apron shall be a minimum of six inches thick and reinforced with a
six inch-by-six inch, No. 10 welded-wire fabric.
c.
The sidewalk adjacent to the apron shall also be a minimum of six
inches thick and reinforced as noted above. It shall also be poured
separately, with a bituminous expansion joint placed between the sidewalk
and the apron.
d.
The order of installation between the apron and sidewalk shall be
the contractors choice.
[1967 Code § 8-3.4; Ord. No. 27-2011]
Where existing curbs or existing sidewalks are in place, the
Construction Official shall examine them and shall order the replacement
sections which he deems hazardous as part of project construction
requirements.
[1967 Code § 8-3.5; Ord. No. 27-2011]
No certificate of occupancy shall be issued for any of the above
projects unless the work is completed to the satisfaction of the Construction
Official.
[1967 Code § 8-3.6; Ord. No. 27-2011]
Corner radius curbs shall be constructed by the Borough and
shall not be considered a part of the above work.
[1967 Code § 1024; Ord. No. 27-2011]
a.
All property owners shall install curbs and, where required by the
Planning Board shall install sidewalks for pedestrian passage.
b.
It shall be the responsibility of all abutting landowners having
street frontage on improved streets to construct and maintain, at
such property owner's expense, sidewalks and curbs.
c.
The Borough will provide elevations and grades at its expense in
order that the property owners can install the improvements set forth
in paragraphs a and b above.
d.
If any property owner required to install such improvements fails
to do so after notice, in writing, by the Mayor and Borough Council,
then, pursuant to New Jersey statutes, the Mayor and Council may install
such curbs and sidewalks at public expense and shall assess the costs
thereof against the abutting property owner.
[1967 Code § 9-3.1; Ord. No. 27-2011]
All buildings now existing or constructed in the future in the
Borough shall be assigned a number according to a system of numbering
adopted by the Borough Council and shown on the official map.
[1967 Code § 9-3.2; Ord. No. 27-2011]
Any person who feels aggrieved by the assignment of a street
number may appeal to the Borough Council either in writing or by appearing
in person at one of its meetings. Upon receiving notice of an appeal,
the Council shall set a time for a hearing on the grievance. The decision
of the Council at the hearing shall be final.
[1967 Code § 9-3.3; Ord. No. 27-2011]
The owner or occupant of each building shall cause the number
assigned to be displayed on the front of the building or in the front
yard of the lot on which the building is located. The identifying
numerals shall be of such size and so located as to be clearly visible
to persons passing the premises on the abutting street. No certificate
of occupancy shall be issued for any building hereafter erected or
enlarged until the provisions of this section have been complied with.
[Ord. No. 10-6 § 1; Ord. No. 27-2011]
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Pitman and/or waters of the State so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Ord. No. 10-6 § 2; Ord. No. 27-2011]
As used in this section:
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 Pitman 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 any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
Shall mean water resulting from the precipitation (including
rain and snow) that runs off the land's surface, is transmitted
to the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 10-6 § 3; Ord. No. 27-2011]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Pitman.
[Ord. No. 10-6 § 4; Ord. No. 27-2011]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJDEP permit.
e.
Large bulky items (e.g. furniture, bound carpet or padding, white
goods placed curbside for pickup).
[Ord. No. 10-6 § 5; Ord. No. 27-2011]
This section shall be enforced by the Zoning Official and/or
the Police Department of the Borough of Pitman.
[Ord. No. 10-6 § 6; Ord. No. 27-2011]
[Ord. No. 10-11 § 1; Ord. No. 18-2011]
The purpose of this section is to regulate the use and placement
of portable storage units, construction trailers and storage trailers.
[Ord. No. 10-11 § 2; Ord. No. 18-2011]
As used in this section:
Shall mean any vehicle or structure designed for transportation
or storage of construction related equipment and/or materials, and
so designated that it is or may be mounted on wheels and used as a
conveyance on highways or streets, propelled or drawn by other mode
of power.
Shall mean any container designed for the storage of personal
property which is typically rented to owners or occupants of property
for their temporary use and which is delivered and removed by truck.
Shall mean any vehicle or structure designed for transportation
or storage of goods, equipment and/or materials, and so designed that
it is or may be mounted on wheels and used as a conveyance on highways
or streets, propelled or drawn by other motive power. Steel shipping
containers are included in this definition. This shall not include
dumpsters, or trailers that will permit occupancy thereof as sleeping
quarters or for the conduct of any business or trade other than the
temporary storage of goods.
[Ord. No. 10-11 § 3; Ord. No. 18-2011]
a.
Portable storage units (PSUs) shall be permitted in all zoning districts, with the exception of the Park-Conservation District, for the temporary storage of nondisposable items by an owner or occupant of the property, subject to the requirements set forth in subsection 10-11.4 below.
b.
Construction Trailers shall be permitted in all zoning districts, subject to the requirements set forth in subsection 10-11.4 below. Construction Trailers shall be validly registered in the name of the contractor, rented or under the control of the contractor performing work at the property where the Construction Trailer is located.
c.
Storage Trailers shall be permitted in all non-residential zoning districts for the temporary storage of nondisposable items by an owner or occupant of the property, subject to the requirements set forth in subsection 10-11.4 below. No Storage Trailer shall be permitted in the Park-Conservation District unless approved by the Mayor and Council.
d.
"Transitional" zoning districts such as TRC-1 and TRO shall be considered
as "nonresidential" districts for the purposes of this section.
[Ord. No. 10-11 § 4; Ord. No. 18-2011]
a.
No PSU or Storage Trailer, as defined in this section, shall be placed
at any one site in excess of 30 consecutive days, or in excess of
60 days in any calendar year. In the case of a construction trailer,
no such trailer shall remain on a property in excess of 180 days in
any calendar year, and shall be removed if construction activity ceases
for 30 consecutive days.
b.
The provisions of this section shall not be construed so as to interfere
with, or prohibit in any way, legally permitted and customary loading
and unloading operations of a commercial, industrial, or institutional
use.
c.
In the event of fire, hurricane or natural disaster causing substantial
damage to an existing property, or due to extenuating circumstances,
the property owner/occupant may apply to the Borough for permission
to extend the time that a PSU, Construction Trailer or Storage Trailer
may be located as a temporary structure on that property.
d.
A maximum of one PSU or Construction Trailer or Storage Trailer is
permitted on any property at any time.
e.
The PSU, Construction Trailer or Storage Trailer shall be set back
a minimum of five feet from any property line, when feasible.
f.
The PSU, Construction Trailer or Storage Trailer must be placed on
either a hard concrete or asphalt surface. For residential properties,
in the event that it is unfeasible to place the PSU, Construction
Trailer or Storage Trailer on either a hard concrete or asphalt surface
as required, it may be placed elsewhere on the property, subject to
the Zoning Officer's approval.
g.
The required number of off-street parking spaces must be maintained.
For residential properties, in the event that, due to the size or
configuration of the lot, the required number of off-street parking
spaces cannot be maintained, placement of a PSU, Construction Trailer
or Storage Trailer may be permitted at the discretion of the Zoning
Officer provided that the occupants of the property agree to otherwise
obey all Borough parking ordinances, including but not limited to
the prohibition of on-street overnight parking.
h.
The maximum size of PSUs shall not exceed 10 feet in width, nine
feet in height and 20 feet in length.
i.
The maximum size of a Construction Trailer or Storage Trailer shall
not exceed 50 feet in length.
j.
PSUs, Construction Trailer or Storage Trailer shall not be placed
by private citizens upon any public-owned land, i.e. public right-of-way,
parking lots, etc., unless approved by Mayor and Council and the Police
Department.
k.
The location of PSUs, Construction Trailers and Storage Trailers
shall not affect the health, safety, and/or welfare of the community
including, but not limited to, blocking access to a fire hydrant,
interfering with vehicular circulation, and obstructing the view of
street intersections.
l.
The placement of PSUs, Construction Trailers or Storage Trailers
in fire lanes, passenger loading zones, commercial loading zones or
any public right-of-way shall be strictly prohibited.
m.
PSUs, Construction Trailers and Storage Trailers shall never be utilized
as accessory structures in any zoning district.
n.
When not in use, the PSUs, Construction Trailers or Storage Trailers
shall be kept locked at all times.
o.
The owner and/or person in possession of the property upon which
a PSU, Construction Trailer or Storage Trailer unit is placed shall
be responsible that no form of waste, refuse or hazardous substance
is stored or kept within the PSUs, Construction Trailer or Storage
Trailer.
[Ord. No. 10-11 § 5; Ord. No. 18-2011]
a.
A permit shall be obtained for each PSU, Construction Trailer or
Storage Trailer prior to placement of the PSU, Construction Trailer
or Storage Trailer. The permit fee shall be $25 and said permit shall
be issued for any period of time up to maximum 30 day limit except
for Construction Trailers for a period of time up to the maximum 180
day limit.
b.
Applications for permits shall be submitted to the Zoning Officer
with a sketch showing the location of the PSU, Construction Trailer
or Storage Trailer on the site and detailing the distance of unit
from other buildings, property lines, fire hydrants, utilities, etc.
In addition, the name, address and telephone number of the entity
delivering the PSU, Construction Trailer or Storage Trailer shall
be provided on the Application.
c.
The failure to obtain a permit for a PSU, Construction Trailer or Storage Trailer will result in the unit being removed at the owner's expense, and subject to the penalties described in subsection 10-11.7.
d.
A permit may be revoked at any time during its term if the placement
or use of the PSU, Construction Trailer or Storage Trailer constitutes
a hazard to the health, safety or welfare of the citizens of the Borough
of Pitman, or for any reason constituting a nuisance.
e.
The fees shall be payable to the Borough of Pitman and collected
at the Borough Hall. Upon expiration of the permit, the PSU, Construction
Trailer or Storage Trailer shall be removed.
f.
No permits are required for special events approved by the Mayor
and Council for a period not to exceed seven days.
[Ord. No. 10-11 § 6; Ord. No. 18-2011]
a.
The Borough Fire Official, Code Enforcement Officer, Zoning Officer,
and Police Department shall have jurisdiction to enforce the provisions
of this section, and may inspect the PSU, Construction Trailer and
Storage Trailer on an intermittent basis to ensure compliance.
b.
If, in the judgment of the Borough Fire Official, Code Enforcement
Officer, Zoning Officer, or Police Department, a PSU, Construction
Trailer or Storage Trailer presents an unsafe condition or is improperly
placed, it shall be removed at the owner's expense.
[Ord. No. 10-11 § 7; Ord. No. 18-2011]
Each day that a PSU, Construction Trailer or Storage Trailer
is placed or utilized in violation of the terms of this section shall
constitute a separate offense. Each offense hereunder is punishable
by a fine of not more than $25 per day.
