[Ord. #76-299; Ord. #78-321; Ord. #78-337; Ord. #81-398;
Ord. #83-438; Ord. #89-558; Ord. #91-615; Ord. #98-780; Ord. #99-791;
Ord. #2005-984; Ord. #2011-1185; Ord. #2013-1240]
a.
There is hereby established in the township a State Uniform Construction
Code enforcing agency to be known as the Branchburg Township Building
Department, consisting of a construction official, building subcode
official, fire protection subcode official, plumbing 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 and he shall be responsible to create any necessary
operating rules for 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. Said office shall be located at 1077
Route 202, Branchburg, New Jersey 08876.
a.
The fee for construction shall be the sum of the subcode fees listed
in subparagraph 1 through subparagraph 5 hereof and shall be paid
before the permit is issued. No construction permit, final or temporary
certificate of occupancy, or plumbing permit shall be issued except
upon proof that all taxes and assessments then due and owing which
affect the premises have been paid.
1.
The building subcode fees shall be:
(a)
For new construction, $0.035 per cubic foot of building or structure
volume; provided that the minimum fee shall be $100; except Use Groups
A-1 to A-4, F1, F2, S1, S2, the fee shall be $0,025 per cubic foot
of structure volume. Farm buildings, including commercial farm buildings,
shall be $0.0008 per cubic foot.
(b)
For renovations, alterations and repairs, $30 per $1,000 up
to $50,000, $50,001 to $100,000, $25 per $1,000, over $100,000, $20
per $1,000 of estimated cost of work provided that the minimum fee
shall be $60.
(c)
For additions, $0,035 per cubic foot of building or structure
volume for the added portion; provided that the minimum fee shall
be $60.
(d)
For combinations of renovations and additions, the sum of the
fees computed separately for renovations and additions (see (b) and
(c) above) provided that the minimum fee shall be $60.
(e)
The fee for a permit to construct a sign shall be $2.40 per
square foot of the surface area of the sign provided that the minimum
fee shall be $75.
(f)
The fee for roofing or siding (use group R3 or R4) shall be
$75 each. Roofing for industrial or commercial shall be $30 per $1,000
of estimated cost.
(g)
Swimming pools:
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In-ground
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$200
|
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Above-ground
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$75
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(h)
Demolitions:
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Industrial, Commercial
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$250
|
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Residential, per unit
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$100
|
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Residential-Accessory Building
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$75
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(i)
To move a building or structure, the fee shall be $250.
(j)
The fee for new construction for utility sheds, accessory buildings
or premanufactured sheds shall be $0.035 per cubic foot.
(k)
Fences over six feet high $75.
(l)
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Asbestos abatement
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$100
|
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Lead abatement
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$100
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(m)
Minimum fee for a building subcode permit shall be $60.
(n)
The fee for a certificate of occupancy for new construction
shall be 10% of the total fee for commercial and industrial; farm
and residential shall be $75. For additions $75 for commercial and
industrial; farm and residential shall be $25.
(o)
The renewal fee for a temporary certificate of occupancy (TCO)
after six months of original issuance and subsequent renewals for
residential and farm property shall be $150 and all other uses shall
be $200.
(p)
The fee for a certificate of continued occupancy shall be $200
inclusive of four subcodes: B, P, E & F.
(q)
The fee for an application for a variation in accordance with
N.J.A.C. 5:23-2.10(a) shall be $500 for Class I structures and $100
for Class II and Class III structures.
2.
The plumbing subcode fees shall be:
(a)
$15 per plumbing fixture, device or vent stack provided that
the minimum fee shall be $75.
(b)
The fee per special plumbing device, such as a grease trap,
oil separator, backwater valve, water cooled air conditioning unit,
sewer ejector or grinder and like devices, backflow preventors, steam
boilers and hot water boilers shall be $60. R3 and R5 shall be $60.
All other use groups shall be $75.
(c)
$20 per roof drain - industrial and commercial.
(d)
Minimum fee for plumbing subcode shall be $60.
(e)
The fee for sewer connections shall be $60.
(f)
The fee for water connections shall be $60.
(g)
For cross connections and backflow preventors that are subject
to testing, requiring reinspection annually, the fee shall be $50
for each device when they are tested.
3.
The fire subcode fees shall be:
(d)
Mechanical type systems:
(1)
Each oven - commercial type or industrial type: $50.
(2)
Each commercial exhaust hood: $200.
(3)
Gas or oil fired appliances not connected to plumbing system:
$60.
(4)
Each commercial unit/space heater, gas or oil fired type not
connected to plumbing: $60.
(5)
Each residential unit/space heater, gas or oil fired type not
connected to plumbing: $50.
(6)
Incinerators: $365.
(7)
Crematorium: $365.
(f)
Each fire pump: $250.
(h)
Each linear foot of a dedicated fire line: $1 per foot.
(i)
Minimum fee for fire subcode shall be: $60.
4.
The electrical subcode fees shall be:
(a)
Electrical devices: light fixtures, receptacles, switches, fractional
HP motors, emergency lights, exit signs, communication points, smoke
and heat detectors.
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1-50 units
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$60
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Increments of 25
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$31
|
(b)
Appliances: ranges, ovens, dishwashers, garbage disposals, dryers,
electric water heaters, similar devices: $27.
(c)
Fire/burglar/alarm panels: $60.
(d)
Whirlpool/spa: $75.
(e)
Signs: $60.
(f)
Annual public pool inspection: $150.
(g)
Pools:
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In-ground
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$150
|
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Above-ground
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$75
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(h)
Heating equipment:
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Furnace (each)
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$60
|
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Boiler (each)
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$60
|
(i)
Electric heat:
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To 6 kW
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$60
|
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Each additional over 6 kW
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$50
|
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Over 6 kW
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$27
|
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Each additional over 6 kW
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$20
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(j)
Services and subpanels:
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Up to 200 amps
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$75
|
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201 amps to 1,000
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$175
|
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Over 1,000 amps
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$500
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(k)
Transformers and generators:
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To 45 KVA
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$75
|
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45 KVA to 112.5 KVA
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$125
|
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Over 112.5 KVA
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$500
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(l)
A/C equipment:
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Under 5 tons
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$40
|
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Each additional
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$25
|
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5-10 tons
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$75
|
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Over 10 tons
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$200
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(m)
Motors:
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1 HP to 50 HP
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$40
|
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50 HP to 100 HP
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$100
|
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Over 100 HP
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$500
|
(n)
Light poles and bollards: $50.
(o)
Radon: $60.
(p)
Photovoltaic Systems:
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1-50 Kilowatt
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$75
|
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51-100 Kilowatt
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$150
|
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Greater than 100
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$600.00
|
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Minimum Fee
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$60.00
|
(q)
Minimum Electrical Fee: $60.
5.
Permit fees - prototype permit - 5% reduction of initial permit fee.
6.
The elevator subcode fee shall be as per N.J.A.C. 5:23-4.20(c)6 &
7 and N.J.A.C. 5:23-12.
b.
The Construction Official shall, with the advice of the subcode officials,
prepare and submit to the township committee bi-annually, a report
recommending a fee schedule based on the operating expenses of the
agency and other expenses of the municipality fairly attributable
to 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 $0.0006 per cubic foot
of volume of new construction. Said surcharge fee 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, March 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.
d.
The Construction Official shall report annually at the end of each
fiscal year to the State of New Jersey Bureau of Housing Inspection,
and 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.
a.
All fees for construction imposed by this chapter, except those fees
for subcode inspections not performed by township employees, for reconstruction,
alteration or improvement designed and undertaken solely to promote
accessibility for a disabled person to an existing full-time residence,
or any of the facilities contained therein, shall be waived for the
disabled person or for his or her parent or sibling if the disabled
person is a full-time resident at the residence for which the permit
is sought.
b.
DISABLED PERSON – As used in this subsection 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 person who is disabled pursuant to the Federal
Social Security Act (42 USC § 416), or the Federal Railroad
Retirement Act of 1974 (45 USC § 231 et seq.), or is rated
as having a 60% disability or higher pursuant to any Federal law administered
by the United States Veterans Act. For purposes of this paragraph
"blindness" means central visual acuity of 20/200 or less in the better
eye with the use of correcting lenses. An eye which is accompanied
by a limitation in the field of vision such that the widest diameter
of the visual field subtends an angle no greater than 20° shall
be considered as having a central visual acuity of 20/200 or less.
a.
Widespread catastrophic events are sudden, natural or man-made situations
where damage or destruction occurs which impacts a significant number
of township residents.
b.
All fees for construction imposed by this chapter, except those fees
for subcode inspections not performed by township employees, for repair,
reconstruction, or demolition of buildings or structures damaged during
a widespread catastrophic event shall be waived for the owner, tenant,
or person responsible for repair, reconstruction or demolition.
c.
Declaration of a widespread catastrophic event will be made by resolution
of the township committee. Such resolution will include the cause
of the event; areas impacted by the event and subject to a waiver
of fees; and the time frame over which fees will be waived.
[Ord. #75-285]
As used in this section:
a.
MUNICIPALITY – Shall mean and refer to the Township of Branchburg;
b.
BUILDING OFFICIAL – Shall mean and refer to the building inspector
or other official of the municipality designated to accept applications
and issue permits under the building code of the municipality;
c.
QUALIFIED PERSON OR ORGANIZATION – Shall mean and refer to
any person or organization solely engaged in providing technical and
professional services of plan review by New Jersey licensed professional
engineers or architects, which person or organization has been approved
for the purposes hereinafter set forth by resolution of the Branchburg
Township Committee.
When application for unusual design or magnitude of construction
of buildings or other structures or which may involve a potential
danger to the public health and safety from fire, explosion or otherwise,
the building official may in his discretion, prior to issuance of
either a building permit or any other permit, require that such application,
including the plans and specifications, be referred, at the expense
of the applicant, to a qualified person or organization as defined
herein for advice and recommendation as to their safety of design
and compliance with applicable code requirements.
Prior to the issuance of a building permit or any other permit,
the fee for such advisory service, which shall be reasonably related
to the plan review services required, shall be paid by the applicant
to the Township of Branchburg in accordance with the schedule of charges
submitted by such qualified person or organization to the township
committee prior to its approval of the qualified person or organization,
and on file in the office of the township clerk.
[Ord. #81-399]
Every temporary certificate of occupancy shall specify the terms
and conditions upon which it is issued and the time during which it
shall be valid. Any person, firm or corporation who shall violate
the terms or conditions of a temporary certificate of occupancy shall
be punished by a find not exceeding $500 or by imprisonment for a
term not exceeding 90 days or both. Each day that a violation continues
shall constitute a separate offense.
[Ord. #81-413]
a.
PUBLIC OFFICER – Shall mean the code enforcement official or
any subcode official of the Township of Branchburg in the County of
Somerset.
b.
OWNER – Shall mean the holder or holders of the title in fee
simple.
c.
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.
d.
BUILDING – Shall mean any building or structure or part thereof,
whether used for human occupation or otherwise, and includes any outhouses,
and appurtenances belonging thereto or usually enjoyed therewith.
a.
The public officer, as hereinabove defined, is hereby designated
to exercise the powers hereinafter prescribed by this section.
b.
Whenever a petition is filed with the public officer by at least
five residents of the municipality charging that any building is unfit
for human habitation or occupancy or use or whenever it appears to
the public officer 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:
1.
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 said complaint.
2.
The owner and parties in interest shall be given the right to file
an answer to the complaint and to appear in person, through their
attorney, or otherwise give testimony and present evidence at the
place and time fixed in the complaint.
3.
The rules of evidence prevailing in the courts shall not be controlling
in hearings before the public officer.
c.
If, after such notice and hearing, the public officer determines
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 thereof and parties in interest an order:
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 the building vacated and closed within the times set forth in
the order; and
2.
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises, and the
owner fails to repair, alter or improve the building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time as specified in
the order of removal.
d.
If the owner fails to comply with an order to repair, alter or improve
or, at the option of the owner, to vacate and close the building,
the public officer may cause such building to be repaired, altered
or improved, subject to township committee authorization, or to be
vacated and closed and shall 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."
e.
If 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 township committee authorization.
f.
The amount of:
1.
The cost of the filing of legal papers, expert witnesses' fees,
search fees and advertising charges, incurred in the course of any
proceeding taken under this act determined in favor of the municipality,
and,
2.
Such cost of such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or the amount of the
balance thereof remaining after deduction of the sum if any, realized
from the sale of materials derived from such building or from any
contract for removal or demolition thereof, shall be a municipal lien
against the real property upon which such cost was incurred. If the
building is removed or demolished by the public officer, he shall
sell the materials of such building. There shall be credited against
the cost of the removal or demolition thereof, the proceeds of any
sale of such materials or any sum derived from any contract for the
removal or demolition of the building. If there are no such credits,
or if the sum total of such costs exceeds the total of such credits,
a detailed statement of the aforesaid costs and the amount so due
shall be filed with the tax collector and a copy thereof shall be
forthwith forwarded to the owner by registered mail. If the total
of the credits exceed 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 to 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. Any owner or party
in interest may, within 30 days from the date of the filing of the
lien certificate, proceed in a summary manner in the Superior Court
to contest the reasonableness of the amount or the accuracy of the
costs set forth in the municipal lien certificate. If an actual and
immediate danger to life is posed by the threatened collapse of any
fire damaged or other structurally unsafe building, the public officer
may, after taking such measures as may be necessary to make such building
temporarily safe, seek a judgement in summary proceedings for the
demolition thereof. Nothing in this section shall be construed to
impair or limit in any way the power of the municipality to define
and declare nuisances and to cause their removal or abatement, by
summary proceedings, or otherwise, nor is anything in this act intended
to limit the authority of the enforcing agency or construction official
under the "State Uniform Construction Code Act," P.L. 1975, c. 217
(C.52:27D-119 et seq.) or any rules or regulations adopted thereunder.
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 a building which are dangerous or injurious to the health
or safety of the occupants of such buildings, the occupants of neighboring
buildings or other residents of the township. Such conditions may
include, but shall not necessarily be limited to, the following: defects
therein increasing the hazards of fire, accident, or other calamities;
lack of adequate ventilation, light, or sanitary facilities; dilapidation;
disrepair, structural defects; uncleanliness.
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 is 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 serving of such complaint or order upon such
persons may be made by publishing the same once each week for two
successive weeks in a newspaper printed and published in Somerset
County and circulated in the Township of Branchburg. A copy of such
complaint or order shall be posted in a conspicuous place on premises
affected by the complaint or order. A copy of such complaint or order
shall be duly recorded with the clerk of Somerset County.
Any person aggrieved by an order issued by the public officer
under this section may, within 60 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
public officer from carrying out the provisions of the order and for
any other appropriate relief. The court may proceed in the action
in a summary manner or otherwise. The remedy herein provided shall
be exclusive, and no person affected by an order of the public officer
shall be entitled to recover any damages for action taken pursuant
thereto, or because of non-compliance by any person with any order
of the public officer.
In addition to those powers hereinabove granted, the public
officer may 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:
a.
To investigate the building conditions in the township 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 examination: provided,
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession;
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this section; and
e.
To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
If any section, clause, sentence or other part of this section
or the application thereof to any person or circumstance shall for
any reason be adjudged by a court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the
remainder of this ordinance.
[Ord. #92-646]
Pursuant to N.J.S. 17:36-8, no fire insurance company shall
pay any claim for fire damages in excess of $2,500 on any real property
located within the township unless or until: the insured person submits
an official certificate of search for municipal liens certifying that
all taxes, assessments or other municipal liens or charges levied
and assessed and due and payable against said property have been paid
and an official certificate that demolition is not required or that
the costs of demolition have been paid, or the township submits a
certified copy of a resolution pursuant to N.J.S. 17:36-11. If the
demolition has not yet occurred on the date of receipt by the township
of a request for execution of the certificate, the insured shall provide
on that certificate an estimate of the anticipated costs of demolition.
The insurer on notice to the insured shall pay the anticipated cost
of demolition to the Township, which shall hold the funds in an interest
bearing escrow account in a State or Federally chartered bank, savings
bank or savings and loan association in this State.
