[Amended 5-11-1982 by Ord. No. 82-747; 5-12-1987 by Ord. No.
87-830; 4-11-1989 by Ord. No. 89-884; 3-13-1990 by Ord. No.
90-897; 4-9-1991 by Ord. No. 91-916; 6-11-1991 by Ord. No.
91-924; 1-14-1992 by Ord. No. 91-930; 4-9-1996 by Ord. No.
96-1022; 12-30-2003 by Ord. No. 2003-1212]
The fee for a construction permit shall be the
sum of the subcode fees listed hereinafter, plus all applicable special
fees listed herein, and shall be paid before the permit is issued.
All fees are to be rounded to the nearest dollar amount.
A. The building
subcode fees shall be:
(1) New construction:
$0.055 per cubic foot of building or structure volume.
[Amended 9-29-2020 by Ord. No. 2020-1485; 3-28-2023 by Ord. No. 2023-1531]
(2) Minimum fee
for new construction: $250.
(3) Additions:
$0.055 per cubic foot of building or structure volume.
[Amended 9-29-2020 by Ord. No. 2020-1485; 3-28-2023 by Ord. No. 2023-1531]
(4) Minimum fee
for additions: $150.
(5) Alterations
or renovations: $20 per $1,000 of the estimated cost of construction.
(6) Minimum fee
for alterations or renovations: $150.
[Amended 10-11-2022 by Ord. No. 2022-1525]
(7) All other
fees shall be as follows:
(a) Roofs:
[Amended 10-11-2022 by Ord. No. 2022-1525]
(b) Siding:
no fee.
[Amended 10-11-2022 by Ord. No. 2022-1525]
(c) Pools:
[1] Aboveground:
$100.
[Amended 10-11-2022 by Ord. No. 2022-1525]
[2] In-ground:
$200 plus C.O. fee.
(d) Sheds
(over 100 square feet): $150.
[Amended 11-14-2017 by Ord. No. 2017-1432]
(f) Asbestos/lead
abatement: $75.
(g) Tank installation:
[1] Residential:
$100.
[Amended 10-11-2022 by Ord. No. 2022-1525]
(i) Stoves
(fuel-burning): $75.
(j) Fences:
$75.
[Amended 11-14-2017 by Ord. No. 2017-1432; 10-11-2022 by Ord. No. 2022-1525]
(k) Demolition:
[Amended 10-11-2022 by Ord. No. 2022-1525]
[1] Principal
residential: $400.
[2] Accessory
residential: $150.
(l) Air conditioning:
[2] Commercial:
$20 per $1,000.
(n) Certificate
of occupancy:
[1] Residential
(N S F D): $150.
[2] Residential
(addition): $100.
[Amended 10-11-2022 by Ord. No. 2022-1525]
[3] Others
(less than 10,000 square feet): $150.
[4] Others
(10,000 square feet and above): $300.
(o) Certificate
of compliance for asbestos: $20.
(p) Signs:
[1] Thirty
square feet or less: $50.
[2] Over
30 square feet: $100.
(q) All accessory structures
not specifically mentioned above: $100.
[Added 11-14-2017 by Ord.
No. 2017-1432]
B. Plumbing subcode
fees shall be:
[Amended 10-11-2022 by Ord. No. 2022-1525]
(2) Residential
(per fixture): $20.
(3) Commercial
(per fixture): $25.
(4) Other fees
shall be as follows:
(a) Piping
(or fuel oil): $70.
(c) Water
service connection: $75.
(i) Interceptor/separator:
$75.
C. The electrical
subcode fees shall be:
[Amended 10-11-2022 by Ord. No. 2022-1525]
(2) Fixtures
and receptacles:
(3) Motors:
(a) One-eighth
horsepower to one horsepower: $30.
(b) One horsepower
to 10 horsepower: $40.
(c) Ten horsepower
to 50 horsepower: $50.
(d) Fifty
horsepower to 100 horsepower: $100.
(e) One hundred
horsepower and over: $400.
(4) Electrical
devices:
(a) One kilowatt
to 10 kilowatt: $75.
(b) Ten kilowatt
to 45 kilowatt: $100.
(c) Forty-five
kilowatt to 112.5 kilowatt: $200.
(d) 112.5
kilowatt and over: $400.
(5) Service:
(a) Two hundred
ampere: $100.
(b) Six hundred
ampere: $125.
(c) One thousand
ampere: $150.
(6) Generators/transformers:
(a) One kilowatt
to 7.5 kilowatt: $75.
(b) 7.5 kilowatt
to 30 kilowatt: $100.
(c) Thirty
kilowatt to 60 kilowatt: $125.
(d) Sixty
kilowatt to 112.5 kilowatt: $200.
(e) Over 112.5
kilowatt: $600.
(7) Other fees
shall be as follows:
(a) Heat,
smoke, burglar detectors, data, telephone, intercoms:
[2] Commercial
one to 25: $150.
(c) Pools,
whirlpools, spas with bonding: $75.
D. Fire subcode
fees shall be:
(1) Minimum fee:
[Amended 10-11-2022 by Ord. No. 2022-1525]
(2) Detectors
and sprinkler heads:
[Amended 10-11-2022 by Ord. No. 2022-1525]
(3) Suppression
systems:
(a) Fire pump:
$250.
[Amended 10-11-2022 by Ord. No. 2022-1525]
(b) Dry pipe,
alarm valves, preaction valves, standpipes:
(4) Other fees
shall be as follows:
(a) Storage
tanks, flammable, combustible, LPG:
[Amended 10-11-2022 by Ord. No. 2022-1525]
(b) Alarm
devices, supervisory, signaling:
[2] Commercial:
[Amended 10-11-2022 by Ord. No. 2022-1525]
[a]
First 1 through 10: $200.
(c) Kitchen
hood exhaust systems:
[Amended 10-11-2022 by Ord. No. 2022-1525]
(d) Gas/oil-fired
appliance: $75.
(f) Preengineered
systems: $125.
(h) Solar panels:
[Added 10-11-2022 by Ord.
No. 2022-1525]
(i) Tank removal:
[Added 10-11-2022 by Ord.
No. 2022-1525]
E. Elevator fees
shall be as set forth in N.J.A.C. 5.23 Subchapter 12.
[Amended 11-5-2012 by Ord. No. 2012-1365; 9-29-2020 by Ord. No. 2020-1485]
(1) Acceptance
test. The fee for elevators in structures not in Use Groups R-3 and
R-4 shall be as follows:
(a) Traction
and winding drum elevators:
[1] One
to 10 floors: $340; administrative fee: $68.
[2] Over
10 floors: $567; administrative fee: $113.
[3] Hydraulic
elevators: $302; administrative fee: $60.
[4] Rope
hydraulic elevator: $340; administrative fee: $68.
[5] Escalator
and moving walks: $302; administrative fee: $60.
[6] Dumbwaiter:
$76; administrative fee: $15.
[7] Stairway
chair lift, incline and vertical wheelchair and man lift: $76; administrative
fee: $15.
(2) Additional
charges for device equipped with the following features shall be as
follows:
(a) Oil buffers:
$60; administrative fee: $12.
(b) Counterweight
governor and safeties: $151; administrative fee: $30.
(c) Auxiliary
power generator: $114; administrative fee: $23.
(3) The fee for
elevator devices in structures in Use Groups R-3 and R-4 shall be
per N.J.A.C. 5:23-12.6(a)3: $227; administrative fee: $45.
(4) The fee for
witnessing acceptance test of and performing inspections of alterations
shall be per N.J.A.C. 5:23-12.6(a)4: $100; administrative fee: $25.
[Amended 10-11-2022 by Ord. No. 2022-1525]
(5) The fee for
routine six-month tests and inspections for elevator devices in structures
not in Use Groups R-3 and R-4 shall be as follows:
(a) Traction
and winding drum elevators:
[3] Hydraulic
elevators: $136.
[4] Rope
hydraulic elevator: $190.
[5] Escalator
and moving walks: $190.
(6) The fee for
one-year periodic inspection and witnessing of tests of elevator devices,
which shall include six-month routine inspection, shall be as follows,
per N.J.A.C. 5:23-12.6(b)2.i through iv:
(a) Traction
and winding drum elevators:
[1] One
to 10 floors: $302; administrative fee: $60.
[2] Over
10 floors: $362; administrative fee: $72.
[3] Hydraulic
elevators: $227; administrative fee: $45.
[4] Rope
hydraulic elevator: $302; administrative fee: $60.
[5] Escalator
and moving walks: $484; administrative fee: $97.
[6] Dumbwaiter:
$120; administrative fee: $24.
[7] Stairway
chair lift, incline and vertical wheelchair and man lift: $183; administrative
fee: $37.
(7) Additional
yearly periodic inspection charges for elevator devices equipped with
the following features shall be as follows, per N.J.A.C. 5:23-12.6(b)3.i
through iii:
(a) Oil buffers:
$60; administrative fee: $12.
(b) Counterweight
governor and safeties: $120; administrative fee: $24.
(c) Auxiliary
power generator: $76; administrative fee: $15.
(8) The fee for
three- or five-year inspection of elevator devices shall be as follows,
per N.J.A.C. 5:23-12.6(b)4.i and ii:
(a) Traction
and winding drum elevators:
[1] One
to 10 floors (five-year inspection): $513; administrative fee: $103.
[2] Over
10 floors (five-year inspection): $646; administrative fee: $129.
(b) Hydraulic
and roped hydraulic elevator:
[1] Three-year
inspection: $387; administrative fee: $77.
[2] Five-year
inspection: $227; administrative fee: $45.
F. New Jersey state
permit surcharge fee shall be as set forth in N.J.A.C. 5:23-4.19.
[Added 1-14-1992 by Ord. No. 91-930;
amended 2-9-1993 by Ord. No. 93-941; 12-27-1994 by Ord. No. 94-989; 4-9-1996 by Ord. No. 96-1022; 3-11-2003 by Ord. No. 2003-1190; 10-14-2003 by Ord. No. 2003-1203; 2-10-2004 by Ord. No. 2004-1215]
Other certificates and permit fees shall be
as follows:
A. Accessory structures
(less than 100 square feet): $150.
[Amended 2-8-2011 by Ord. No. 2011-1338; 10-11-2022 by Ord. No. 2022-1525]
B. Signs.
[Amended 2-8-2011 by Ord. No. 2011-1338]
(1) Application
fee: $200.
[Amended 10-11-2022 by Ord. No. 2022-1525]
(2) Refacing
of message per side: $50.
(4) Temporary
sign renewal: $250 annually; due by January 31 of each calendar year.
[Amended 10-11-2022 by Ord. No. 2022-1525]
C. Certificate of
continued occupancy:
[Amended 2-8-2011 by Ord. No. 2011-1338; 10-11-2022 by Ord. No. 2022-1525]
(3) Use groups
other than R-3 with a total floor area of more than 10,000 square
feet (A CCO shall be required for a change of ownership of a commercial
structure.): $500.
D. Temporary trailers
(one year): $100; temporary trailers (2 weeks): $25.
[Amended 9-29-2020 by Ord. No. 2020-1485]
F. Fence permits:
$100.
[Amended 2-8-2011 by Ord. No. 2011-1338; 10-11-2022 by Ord. No. 2022-1525]
G. Satellite dishes
and antenna structures: $100.
[Amended 10-11-2022 by Ord. No. 2022-1525]
H. Engineering fees.
[Amended 2-28-2023 by Ord. No. 2023-1530]
(1) In order
to ensure that the Borough standards are met for all site improvements,
including curbs, sidewalks, driveway pavement, seepage pits and to
create zero runoff from new residential single-family dwelling construction
and additions, swimming pools, tennis and retaining walls over four
feet, the following fees shall be collected at the time an application
is made that will require engineering plan review and construction
inspection. An administrative fee of 20% will be added to the base
fees to be retained by the Construction Department:
|
Plan Review
|
Construction Inspection
|
Engineering Subtotal
|
Total Fee
|
---|
New single-family dwelling
|
$500
|
$500
|
$1,000
|
$1,200
|
Additions to single- family dwelling
|
$400
|
$400
|
$800
|
$960
|
Swimming pools, tennis courts
|
$350
|
$350
|
$700
|
$840
|
Retaining walls over four feet in height
|
$250
|
$250
|
$500
|
$600
|
Other site improvements affecting impervious coverage or runoff
|
$250
|
$250
|
$500
|
$600
|
(2) In
the event that the above engineering fees are determined to be insufficient
to complete the necessary engineering plan review and/or construction
inspection, then in that event the applicant shall be provided a letter
from the Borough Engineer setting forth the additional services required,
including the estimated cost of such activities. The applicant shall
be required to deposit such additional funds prior to the issuance
of a permit or the closing out of a permit, as the case may be. There
shall be no administrative fee for additional engineering fees.
(3) Any
engineering fees deposited in excess of the fees actually charged
by the Borough Engineer for the application shall be refunded to the
applicant within 30 days of the closing out of the permit.
I. Change of contractor performing permitted work:
$25.
[Added 2-8-2011 by Ord. No. 2011-1338]
J. Driveway: $50.
[Added 2-8-2011 by Ord. No. 2011-1338; amended 9-29-2020 by Ord. No. 2020-1485]
K. Patio/pavers: $50.
[Added 9-29-2020 by Ord.
No. 2020-1485]
L. Filling (less than 50 cubic yards): $50.
[Added 9-29-2020 by Ord.
No. 2020-1485]
M. Generator pad: $50.
[Added 9-29-2020 by Ord.
No. 2020-1485]
N. Retaining
walls: $100.
[Added 9-29-2020 by Ord.
No. 2020-1485]
O. Violations and penalties. Violations of this section shall be punished as set forth in Chapter
1, Article
I, General Penalty.
[Amended 9-29-2020 by Ord. No. 2020-1485]
[Added 9-29-2020 by Ord.
No. 2020-1485]
Notwithstanding the provisions of the State Uniform Construction
Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), or any
rules, regulations or standards adopted pursuant thereto to the contrary,
a person who has a service-connected disability declared by the United
States Veterans Administration, or its successor, to be a total or
100% permanent disability that would entitle him or her to a property
tax exemption under Section 1 of P.L. 1948, c. 259 (N.J.S.A. 54:4-3.30),
or a spouse, parent, sibling, or guardian of the disabled veteran,
shall not be charged a construction permit fee for any construction,
reconstruction, alteration, or improvement designed and undertaken
solely to promote accessibility by the disabled veteran to or within
his or her own living unit.
[Amended 9-29-2020 by Ord. No. 2020-1485]
The outside plan review by the International
Code Council (ICC), the Department of Community Affairs of the State
of New Jersey or such other governmental agency maintaining jurisdiction
over such plans shall be that charge made by such entity, authority
or agency which shall be in addition to any other fees required by
this chapter or any other applicable regulation.
[Added 9-29-2020 by Ord.
No. 2020-1485; amended 10-11-2022 by Ord. No. 2022-1525]
A. Definitions.
As used in this article, the following terms shall have the meanings
indicated:
CERTIFICATE OF CONTINUED OCCUPANCY
The certificate provided for at N.J.A.C. 5:23-2.23 of the
State Uniform Construction Code which certifies that, as a result
of a general inspection of the visible parts of the existing dwelling,
there are no apparent violations of the regulations.
CERTIFICATE OF OCCUPANCY
The certificate provided for at N.J.A.C. 5:23-2.23 of the
State Uniform Construction Code which certifies that all work covered
by a construction permit has been completed in accordance with the
permit, the code and other applicable laws and ordinances.
DWELLING
One- and two-family residences.
NEW TENANT/RESALE CERTIFICATE
A certificate issued by the Construction Official upon a
change in ownership or transfer of title or lease of real property
to a new owner or tenant to any dwelling or rental space certifying
that there are no violations of law or orders of the Construction
Official pending and it has been established, after inspection and
investigation of available municipal records, that the alleged use
of the dwelling has lawfully existed.
OWNER
Any person who, alone or jointly or severally with others,
shall have legal title to any dwelling with or without accompanying
actual possession thereof; or who shall have charge, care or control
of any dwelling as owner or agent of the owner, or as executor, executrix,
administrator, administratrix, trustee or guardian of the estate of
the owner. Any such person thus representing the actual owner shall
be bound to comply with the provisions of this chapter and the rules
and regulations adopted pursuant thereto, to the same extent as if
he were the owner.
B. Certificate types:
(1) Certificate
of occupancy.
(a) New buildings: A building
or structure erected shall not be used or occupied in whole or part
until a form of a certificate of occupancy shall have been issued
by the Construction Official.
(b) Building hereafter altered: A building or structure hereafter enlarged,
extended or altered shall not be occupied or used until the certificate
of occupancy shall have been issued by the Construction Official.
Any use or occupancy which was not discontinued during the work or
alteration shall be discontinued within 30 calendar days after the
completion of the alteration unless the certificate of occupancy is
secured from the enforcing agency.
(2) Certificate of continued occupancy: Upon request
of the owner of an existing building or structure, the Construction
Official, with the approval of the subcode officials, shall issue
a certificate of continued occupancy, provided that there are not
violations of law or orders of the Construction Official pending,
and it is established, after inspection and investigation of available
municipal records, that the alleged use of the building or structure
has lawfully existed. The certificate of continued occupancy shall
evidence only that a general inspection of the visible parts of the
building has been made, and that no violations of N.J.A.C. 5:23-2.14
have been determined to have occurred, and no unsafe conditions violative
of N.J.A.C. 5:2302.32(a) have been found. Nothing in this subsection
shall prevent the continued lawful use and occupancy of any such lawfully
existing building or structure.
(3) New tenant/resale certificate:
(a) Existing dwellings: No
person shall change ownership or otherwise transfer title or lease
of the same to a new owner or tenant to any dwelling or rental unit
unless and until that person shall have first obtained from the Construction
Official a new tenant/resale certificate. The Construction Official,
with the approval of the subcode officials, shall issue a new tenant/resale
certificate, provided that there are no violations of law or orders
of the Construction Official pending and it is established, after
inspection and investigation of available municipal records, that
the alleged use of the dwelling has lawfully existed. Nothing in this
subsection shall prevent the continued lawful use and occupancy of
any such lawfully existing dwelling.
C. Application for certificate.
(1) Prior to occupancy, change of ownership or transfer
of title of any building, structure or dwelling, as applicable, application
for the appropriate certificate permitting occupancy shall be made
in writing to the Construction Official by the owner, and consent
shall be given therewith to the Construction Official or his agent
to enter upon and examine the building, structure or dwelling for
which the application is applied for.
(2) All applications for such certificates shall be
made in writing and shall state the name and address of the owner
of the building, structure or dwelling and the name and address of
the buyer, if a sale or transfer of title, of the seller, and shall
further state the name and address of the sales agent, if any, and
shall describe the premises to be occupied, including the street address
thereof.
D. Inspections.
(1) Upon request for a certificate provided for in
this section, the Construction Official or his agent shall conduct
an inspection of the premises to ensure compliance with applicable
municipal ordinances and rules and regulations affecting the use and
occupation of all such buildings, structures or dwellings. The inspection
for a certificate of occupancy shall also require compliance with,
but not be limited to, the following:
(a) Flue connections are properly
sealed;
(b) Sump pumps are not connected
to the sanitary sewer;
(c) All electrical outlets,
switches and panel boxes are properly covered;
(d) Relief valves from boilers
and water heaters are properly piped;
(e) All plumbing fixtures
are in working order;
(f) Pools are properly fenced;
(g) There are rails on all
interior stairs of more than four risers;
(h) Exterior rails must be
properly secured;
(i) Property must not be in
violation of the Property Maintenance Code;
(j) The property is being
used for the use for which it is zoned; and
(k) The submission of a certified
property survey that shows the current uses and structures on the
property.
(2) No certificate of occupancy shall be issued unless
there is full and complete compliance with all of the foregoing, unless
otherwise specified, in writing, by the Construction Official or his
agent.
(3) At the discretion of the Construction Official, the submission of a certified property survey pursuant to Subsection
D(1)(k) above may be waived under the following circumstances:
(a) The applicant submits
a certified survey of the property;
(b) Any changes to the property
that have been approved and performed since the date of said survey
have received the appropriate permits and/or approvals from the Borough
of Montvale;
(c) Such changes are shown
on the survey with appropriate specificity and detail to allow the
Construction Official to confirm the accuracy thereof;
(d) Such changes are minor
in nature and do not create any reasonable doubts concerning the property's
compliance with zoning, property maintenance, or other applicable
codes, standards, rules, or regulations.
(4) The inspection for a certificate of continued occupancy shall be
in accordance with Subsection B(2)(a) above.
(5) The inspection for a new tenant/resale certificate shall be in accordance with Subsection
B(3)(a) above, and shall also require submission of and/or compliance with the items in Subsection
D(1)(i),
(j) and
(k) above.
E. Violations and penalties.
(1) Any person, persons, partnership, firm, corporation,
holding company, foreign corporation, limited liability company or
any other entity who in any manner knowingly fails to fully comply
with the terms and covenants of this chapter shall be subject to the
penalties provided herein.
(2) Any person(s) who violates any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter
1, Article
I, General Penalty.
F. Issuance of certificate; fee. A certificate permitting occupancy shall be issued solely by the construction official without the necessity of approval by the governing body of the Borough of Montvale. All fees paid in connection with a certificate shall be in accordance with the schedule set forth at §
170-11 of this Code.