[Ord. No. 1114 §§ 1,
2, 3]
a.
There is hereby established in the Borough a State Uniform Construction
Code Enforcing Agency to be known as the Tenafly Building Department,
consisting of a Construction Official, Building Subcode Official,
Plumbing Subcode Official, Electrical Subcode Official, Fire Protection
Subcode Official, and such other Subcode Officials for such additional
subcodes as the Commissioner of the Department of Community Affairs,
State of New Jersey, shall hereafter adopt as part of the State Uniform
Construction Code. The Construction Official shall be the Chief Administrator
of the Enforcing Agency.
b.
Each official position created in paragraph a hereof shall be filled
by a person qualified for such position pursuant to N.J.S.A. 52:27D-119
et seq., 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 N.J.S.A. 52:27D-119 et seq., and N.J.A.C.
5:23 to hold each 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.
[Ord. No. 97-25 § 1]
Appeals from decisions by the Enforcing Agency shall be heard
by the County of Bergen Construction Board of Appeals.
[Ord. No. 1114 § 5; Ord. No. 1157 §§ 16, 17; Ord. No. 1243 §§ 1, 2, 3,
4, 5, 6, 7; Ord. No. 1340 § 1; Ord. No. 91-05 §§ 1, 2,
3, 4, 6; Ord. No. 92-17 §§ 1,
2, 6; Ord. No. 93-03 § 1; Ord. No. 93-17 §§ 1, 2,
3, 4, 6; Ord. No. 96-18 § 1; Ord. No. 97-28 § 1; Ord. No. 98-15 §§ 1 — 4; Ord. No. 98-16 § 1; New; Ord. No. 10-13 § 1; Ord. No. 2017-22 § 1; amended 5-23-2023 by Ord. No. 23-08]
a.
Minimum Fee. The minimum fee for a basic construction permit covering
any or all of building, plumbing, electrical, elevator or fire protection
work shall be $75 for use groups R-3 and R-5. The minimum fee for
all subcodes for all other use groups shall be $100. All fees shall
be rounded to the nearest dollar amount.
b.
Building Subcode Fee. The building subcode fee shall be:
1.
For new construction: Fees for new construction shall be based upon
the volume of the structure in accordance with N.J.A.C. 5:23-2.28.
$0.07 per cubic foot of building or structure volume for use
group R-3 or R-5;
$0.08 per cubic foot of building or structure volume for all
other use groups;
Use group classification shall be according to the building
subcode as adopted by N.J.A.C. 5:23-3.
2.
For renovation, alteration and repair: Fees shall be based upon the
estimated cost of work.
|
Estimated Cost
|
Fee
|
|---|---|
|
$1 to $50,000
|
$25 per $1,000
|
|
$50,001 to $100,000
|
$22 per $1,000
|
|
$100,001 or above
|
$20 per $1,000
|
3.
For additions: $0.08 per cubic foot of building or structure volume
for the added portion for all use groups.
4.
For combinations of renovations and additions the sum of the fees
computed separately; renovation and addition.
5.
For construction of a swimming pool:
|
Above grade (R-3 & R-5)
|
$100
|
|
Below grade (R-3 & R-5)
|
$500
|
|
All other use groups
|
$950
|
6.
For the construction and erection of a fence greater than six feet:
$12 per $1,000
7.
Installation of flammable liquid storage tanks:
|
1 - 550 gallons
|
$75
|
|
551 - 1,000 gallons
|
$165
|
|
1,001 - or more gallons
|
$235
|
8.
Abandonment of flammable liquid storage tanks:
|
R-3 or R-5
|
$75 per tank
|
|
All other use groups
|
$150 per tank
|
9.
New or alterations to flammable or combustible liquid tank supply,
vent or dispensing piping or dispenser:
|
Piping
|
$65
|
|
Dispenser (each)
|
$50
|
10.
The plan review fee for the installation or alteration of elevator
devices as defined in N.J.A.C. 5:23-1.4 per each device:
|
Per each device
|
$63
|
|
All other use groups
|
$328
|
11.
For the construction or alteration of a sign: $1.25 per square foot
of the surface area of the sign.
12.
For the demolition or removal of a building or structure shall be
$400 for a structure of less than 5,000 square feet in area and less
than 30 feet in height, for one- or two-family residences (use group
R-3 or R-5 of the building subcode) and $750 for other use groups.
13.
For asbestos removal: $70
Certificate of occupancy after abatement: $15
14.
For lead abatement: $140
Certificate of occupancy after abatement: $28
15.
No person shall be charged a construction permit surcharge fee or
Enforcing Agency fee for any construction, reconstruction, alteration
or improvement designed and undertaken solely to promote accessibility
by disabled persons to an existing private residential structure.
16.
Tents (greater than 900 square feet or more than 30 feet in any dimension)
|
R-3 or R-5
|
$60
|
|
All other use groups
|
$120
|
c.
Plumbing Subcode Fee. The plumbing subcode fee shall be:
1.
Per fixture or stack for all fixtures except as listed below: $35.
[Amended 6-26-2023 by Ord. No. 23-17]
2.
For special devices such as grease traps, oil separators, water cooled
air conditioning units, refrigeration units, utility service connections,
sewer pumps, interceptors, gas piping (not in conjunction with an
appliance installation), gas service entrances, active solar systems,
pool heaters and underground lawn sprinkling system: $100.
3.
Sanitary sewer connection or sanitary sewer replacement: $75.
4.
Gas heating appliances including all gas burning equipment, such
as furnaces, space heater, etc. (except hot water heaters of use group
R-3 and R-5):
|
Use group R-3 or R-5
|
$95
|
|
All other use groups
|
$105
|
5.
Oil heating appliances including all oil burning equipment.
|
Use group R-3 or R-5
|
$95
|
|
All other use groups
|
$105
|
6.
Domestic water to well cross connections: $60.
7.
Storm drains:
|
Per roof drain
|
$30
|
|
Per storm drain connection
|
$50
|
8.
Hot water
heaters (Use group R-3 and R-5): $75.
9.
Clothes
dryer: $35.
10.
Gas
ovens or ranges: $35.
d.
Electrical Subcode Fees. The electrical subcode fee shall be as follows:
1.
Total number of electrical fixtures and devices;
(a)
1 through 25: $75.
(b)
Each additional 25: $9.
|
To include: Lighting fixtures, wall switches, fluorescent fixtures,
and heat detectors, communication outlets, light standards 8 feet
or less in height including luminaries, emergency lights, electric
signs, exit lights or similar electric fixtures and devices rated
20 amperes or less including motors or equipment rated less than 1
horsepower (hp) or 1 kilowatt (kW);
|
(c)
Each replacement of wiring involving one branch circuit or part
thereof: $50.
(d)
Each storable pool or hydro massage bath tub: $50.
(e)
Each underwater lighting fixture: $50.
(f)
Household electric cooking equipment up to 16 kW: $15.
(g)
Each fire, security or burglar alarm control unit: $50.
(h)
Each receptacle rated from:
|
30 to 50 amperes
|
$50
|
|
51 amperes or more
|
$75
|
(i)
Each light-standard greater than eight feet in height, including
luminaries: $75.
(j)
Each communication closet: $15.
(k)
Each panel board, switch board, switch gear, motor control center,
or disconnecting means rated:
|
225 amperes or less
|
$75
|
|
225 to 1,000 amperes
|
$116
|
|
1,001 or more amperes
|
$576
|
(l)
Each electric sign rated 21 to 225 amperes including associated
disconnecting means: $60.
(m)
Each utility load management device: $60.
3.
Each electrical device or transformer or generator:
7.
Swimming pools, spas, hot tubs and fountains:
10.
For the purpose of computing fees, all motors except those in plug-in
appliances shall be counted, including control equipment, generators,
transformers and all heating, cooking or other devices consuming or
generating electrical current.
e.
Fire Subcode Fees. The fire subcode fee shall be as follows:
1.
Sprinkler System:
|
1 - 20 heads
|
$135
|
|
21 - 100 heads
|
$200
|
|
101 - 200 heads
|
$300
|
|
201 - 400 heads
|
$500
|
|
401 - 1,000 heads
|
$1,000
|
|
1,001 or more heads
|
$1,500
|
2.
Standpipe System:
|
Each riser
|
$150
|
3.
Pre-Engineered Suppression System:
|
CO2 suppression
|
$100
|
|
Halon suppression
|
$100
|
|
Foam suppression
|
$100
|
|
Dry chemical
|
$100
|
|
Wet chemical
|
$150
|
4.
Kitchen hood exhaust system: $150.
5.
Automatic Fire Alarm System/Smoke Detectors:
|
1 - 5 detectors
|
$125
|
|
6 - 20 detectors
|
$150
|
|
21 - 100 detectors
|
$300
|
|
101 - 200 detectors
|
$450
|
|
201 - 400 detectors
|
$550
|
|
401 - 1,000 detectors
|
$750
|
|
1,001 - or more detectors
|
$1,000
|
|
Control panel replacement
|
$250
|
6.
Heating Appliance:
|
Chimney, vent piping or liner (not in conjunction with a heating
unit installation)
|
$60
|
|
Gas or oil fired appliance
|
$100
|
|
Solid fuel burning appliance
|
$75
|
7.
Incinerator: $365.
8.
Crematorium: $365.
9.
Emergency Response Radio System:
|
0 - 12,000 Square Feet
|
$580
|
|
12,001 - 24,000 Square Feet
|
$700
|
|
24,001 - 50,000 Square Feet
|
$850
|
|
50,001 - 100,000 Square Feet
|
$1,100
|
|
100,001 - 150,000 Square Feet
|
$1,350
|
|
150,000 - 200,000 Square Feet
|
$1,600
|
|
200,001 - 350,000 Square Feet
|
$1,900
|
|
350,001 - 500,000 Square Feet
|
$2,200
|
|
500,001 - 750,000 Square Feet
|
$2,500
|
|
750,001 - Square Feet
|
$2,800
|
10.
Tank
demolition/removal: $125.
11.
Tank
Installation:
|
1 - 550 gallons
|
$75
|
|
551- 999 gallons
|
$165
|
|
1,000 gallons and above
|
$235
|
f.
Mechanical Subcode Fees. Mechanical Subcode fee shall be:
1.
Hot water heater (Use group R-3 and R-5): $60.
2.
Fuel oil piping (Use group R-3 and R-5): $60.
3.
Gas piping (Use group R-3 and R-5): $40.
4.
Steam boiler (Use group R-3 and R-5): $75.
5.
Hot water boiler (Use group R-3 and R-5): $75.
6.
Furnace (Use group R-3 and R-5): $75.
7.
Oil heating appliances (Use group R-3 and R-5): $75.
8.
LPG tank: $75.
9.
Fireplace (each): $20.
10.
Clothes dryer (each): $35.
11.
Gas ovens and ranges (each): $35.
g.
Elevator Safety Subcode Fees. Elevator Safety Subcode fee shall be:
1.
Witnessing acceptance tests and performing inspections for new installations:
(a)
Elevator devices in structures not in use group R-3 or R-4;
(c)
Elevator devices in structures in use group R-3 and R-4 or R-5
or otherwise exempt devises in structures of:
|
Group R-2
|
$227
|
|
This fee shall be waived when signed statements and supporting
inspection and acceptance test reports are filed by an approved qualified
agent or agency in accordance with N.J.A.C. 5:23-2.19 and 2.20.
|
(d)
Witnessing acceptance tests, and performing inspections of alterations:
fee as per paragraph g1(a).
2.
Plan
review for new installation.
(a)
Elevator devices.
(1)
Traction and winding drum elevators $365.
(2)
Hydraulic elevators: $365.
(3)
Roped hydraulic elevator: $365.
(4)
Escalators, moving walks: $365.
(5)
Dumbwaiters: $365.
(6)
Stairway chairlifts, inclined and vertical wheelchair lifts and man-lifts:
$365.
(7)
Residential elevator: $70.
(8)
Residential lift: $70.
3.
Routine and periodic tests and inspections for elevator devices in
structures not in use group R-3, R-4 and R-5:
(a)
Routine inspection:
(1)
Traction and winding drum elevators:
|
1 - 10 floors
|
$340
|
|
Over 10 floors
|
$567
|
(2)
Hydraulic elevators: $302.
(3)
Roped hydraulic elevators: $340.
(4)
Escalators, moving walks: $302.
(5)
Dumbwaiters: $76
(6)
Manlifts, stairway chairlifts, inclined and vertical wheelchair lifts:
$76.
(7)
Escalators: $302.
4.
The fee for any reinspection of an elevator device shall be set at
$203 and shall be billed separately from the above fees upon issuance
of a Notice of Violation necessitating a reinspection.
h.
Certificates and Other Permits.
1.
Certificate of Occupancy: New construction fee shall be in the amount
of 10% of the new construction permit fee that would be charged by
the Department. The minimum fee shall be $100, except for one- or
two-family (Use group R-3 or R-5 of the building subcode) structures
of less than 5,000 square feet in area and less than 30 feet in height,
and structures on farms, including commercial farm buildings subject
to N.J.A.C. 5:23-3.2(d), for which the minimum fee shall be $50.
2.
Certificate of Continued Occupancy:
|
Structure. (R-2, R-3 or R-5)
|
$50
|
|
Add each dwelling unit
|
$35
|
|
All other use groups
|
$100
|
3.
Certificate of Occupancy granted pursuant to a use group change shall
be: $240.
4.
Certificate of Approval/Compliance:
|
Periodic Inspections
| |||
|---|---|---|---|
|
w/o insp.
|
w/insp.
| ||
|
(a)
|
High pressure boilers (12 months)
|
$20
|
$200
|
|
(b)
|
Refrigeration system (12 months)
|
$20
|
$200
|
|
(c)
|
Pressure vessels (12 months)
|
$20
|
$200
|
|
(d)
|
Hazardous Uses and Places of Assembly (3 months)
|
$45
| |
|
(e)
|
Cross-connections and backflow preventers (3 months)
|
$40
| |
|
(f)
|
Annual electrical inspections of swimming pools, spas or hot
tubs
|
$75
| |
|
(g)
|
Elevator devices as set forth under elevator subcode fees in
this subsection
| ||
5.
First issuance and renewal of a Temporary Certificate of Occupancy:
$35.
(a)
Exception: There shall be no fee for the first issuance of the
Temporary Certificate provided the Certificate of Occupancy fee is
paid at that time.
(b)
Exception: Where a written request for a Temporary Certificate
of Occupancy is made for reasons other than uncompleted work covered
by permit (such as uncompleted work required by prior approvals from
State or municipal agencies), no renewal fee will be charged.
6.
Application for a variation: $50.
i.
Plan Review. The fee shall be 20% of the amount to be charged for
the Construction Permit and shall be paid before the plans are reviewed.
The amount paid for this fee shall be credited toward the amount of
the fee to be charged for the Construction Permit. This fee is not
refundable.
j.
Miscellaneous. The fee for a construction permit for any item requiring
a construction permit not specifically addressed shall be $75 unless
otherwise specifically set by other subcode or municipal ordinance.
k.
Training Fee. In order to provide training, certification and technical
support programs required by the Uniform Construction Code Act and
the regulations promulgated thereunder, the enforcing agency shall
collect in addition to the fees specified above, a surcharge fee as
per N.J.A.C. 5:23-.19(b). Said surcharge fee shall be remitted to
the Construction Code Element, Division of Housing and Development,
Department of Community Affairs on a regular quarterly basis.
l.
Annual Permits. The fee to be charged for an annual construction
permit shall be charged annually. This fee shall be a flat fee based
upon the number of maintenance workers who are employed by the facility,
and who are primarily engaged in work that is governed by a subcode.
Managers, engineers and clericals shall not be considered maintenance
workers for the purpose of establishing the annual construction permit
fee. Annual permits may be issued for building, fire protection, electrical
and plumbing. Fees shall be as follows:
1.
1-25 workers (including foreman): $425/worker.
Each additional worker over 25: $165/worker
2.
Prior to the issuance of an annual permit, a training registration
fee of $100 per subcode shall be submitted by the applicant to the
Municipal Construction Official, who shall forward the fee to the
Department of Community Affairs, Construction Code Element, Bureau
of Technical Services along with copies of the construction permit
(Form 170). Checks shall be made payable to the "Treasurer, State
of New Jersey."
m.
Fee Schedule Revision. The Construction Official shall, with the
advice of the Subcode Officials, prepare and submit to the Borough
Council, biannually, a report recommending a fee schedule based on
the operating expenses of the agency and any other expenses of the
municipality fairly attributable to the enforcement of the New Jersey
State Uniform Construction Code Act.
n.
Private On-site Inspection and Plan Review Agencies. Private on-site
inspection and review agencies under contract shall comply with the
regulations and fees pursuant to N.J.A.C. 5:23 et seq.
o.
Administrative Surcharge. A 15% surcharge fee shall be added to each
subcode fee in which plan review and inspections are performed by
an on-site agency under contract with the municipality.
[Ord. No. 92-03; Ord. No. 04-30]
N.J.S.A. 52:27D-192 et seq. requires the installation of smoke-sensitive
alarm devices and carbon monoxide detectors in certain structures
and provides penalties therefor. The provisions of the Statute allow
for the establishment of fees to cover the cost of inspection and
of the issuance of a certificate.
[Ord. No. 92-03; Ord. No. 04-30]
A structure used or intended for use for residential purposes
by not more than two households shall have a smoke-sensitive alarm
device on each level of the structure and outside each separate sleeping
area, in the immediate vicinity of the bedrooms and located on or
near the ceiling in accordance with the current Fire Protection Association
Standards for the installation, maintenance and use of household fire-warning
equipment. The installation of battery-operated smoke-sensitive alarm
devices shall be accepted as meeting the requirements of this section.
Carbon monoxide detectors must be placed on each level of the house
that contains bedrooms; they can be battery operated. They shall be
installed as per the manufacturer instructions. The smoke-sensitive
and carbon monoxide devices shall be tested and listed by a product
certification agency recognized by the Bureau of Fire Prevention.
[Ord. No. 92-03; Ord. No. 04-30]
In the case of a change of occupancy in any building described in subsection 10-3.2, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that building without first requesting an inspection and obtaining from the Borough of Tenafly, Bureau of Fire Prevention, a certificate evidencing compliance with this section.
[Ord. No. 92-03; Ord. No. 04-30; amended 8-7-2023 by Ord. No. 23-20]
a.
The application fee for a Certificate of Smoke Detector and Carbon
Monoxide Alarm Compliance (CSDCMAC), as required by N.J.A.C. 5:70-2.3,
shall be based upon the amount of time remaining before the change
of occupant is expected as follows:
1.
Requests for a CSDCMAC received more than 10 business days prior
to change of occupant: $45;
2.
Requests for a CSDCMAC received four to 10 business days prior to
the change of occupant: $90;
3.
Requests for a CSDCMAC received fewer than four business days prior
to change of occupant: $161;
4.
Re-Inspection
Fees: Failure to comply with requirements for a Certificate of Smoke
Detector and Carbon Monoxide alarm (CSDCMAC) re-inspection fee: $45;
5.
Or as updated by the State of New Jersey.
b.
For a two family house, the fee will be doubled as follows: $90,
$180, $322.
[Ord. No. 92-03; Ord. No. 04-30]
An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises as described in subsection 10-3.2 when the premises do not comply with requirements of subsection 10-3.2, or without complying with the inspection and certification requirements of subsection 10-3.3 shall be liable to a penalty of $100. The fine shall be collected by the Tenafly Bureau of Fire Prevention.
[Ord. No. 1114 § 8]
a.
Fire limits established by other ordinances of the Borough of Tenafly
are hereby continued pursuant to N.J.A.C. 5:23.
b.
The Construction Official shall prepare and submit to the Mayor and
Borough Council biannually, a report reevaluating the delineation
of the fire limits. This report shall indicate the recommendations
of the Construction Official, the Building Subcode Official and the
Fire Subcode Official regarding those areas which should be designated
as within fire limits, with the reasons therefor.
[Ord. No. 787 § 1]
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 or dilapidated or have become so out of repair as to be
dangerous, unsafe, unsanitary or otherwise unfit for human habitation
or occupancy, or use; are 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.
[Ord. No. 787 § 2]
As used in this section:
Shall mean any building, or structure, or part thereof, whether
used for human habitation or otherwise, and includes any accessory
buildings, structures, and appurtenances belonging thereto or usually
enjoyed therewith.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations or corporations
who have interests of record in a building and any who are in actual
possession thereof.
Shall mean the Officer who is authorized under subsection 10-9.4 to exercise the powers set forth under this section.
[Ord. No. 787 § 3]
Whenever the Public Officer of the Borough designated herein
finds that there exists in the Borough any building or buildings which
are unfit for human habitation, occupancy or use because of dilapidation;
defects increasing the hazards of fire, accidents or other calamities;
lack of ventilation, light or sanitation facilities; or due to other
conditions rendering the building or buildings, or part thereof, unsafe
or unsanitary, or dangerous or detrimental to the health or safety,
or otherwise inimical to the welfare of the residents of the Borough,
the Officer designated shall exercise the power vested under this
section and under 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.
[Ord. No. 787 § 4]
The Construction Official appointed by the Mayor with the advice
and consent of Council pursuant to the provisions of the Building
Code, is hereby designated and appointed the Public Officer to exercise
the powers set forth in this section. The Mayor and Council may, by
resolution, designate any other person or persons having the qualifications
set forth in the State Uniform Building Code of the Borough to act
in the place of the Construction Official.
[Ord. No. 787 § 5]
Whenever a petition is filed with the Public Officer by the
Health Officer, Health Inspector, Fire Marshal, or any other officer
in charge of any department of the municipality relating to health,
fire, building regulations or activities concerning buildings in the
Borough, or by at least five residents of the Borough, charging that
any building is unfit for human habitation or occupancy, or use, or
whenever it appears to the Public Officer that any building is unfit
for human habitation or occupancy, or use, the Public Officer shall,
if his/her preliminary investigation discloses a basis for such charges,
issue and cause to be served upon the owner of and parties in interest
in that 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/her designated agent, at a place therein fixed not
less than 10 days nor more than 30 days after the serving of the complaint;
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.
[Ord. No. 787 § 6]
If after notice and hearing, the Public Officer determines that
the building under consideration is unfit for human habitation or
occupancy or use, he/she shall state in writing his/her 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:
a.
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 time set forth in
the order; and
b.
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.
[Ord. No. 787 § 7]
If the owner shall fail to comply with the 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; that 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. 787 § 8]
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.
[Ord. No. 787 § 9]
The amount of such cost of such repairs, alterations or improvements,
or vacating and closing, or removal or demolition shall be a Municipal
lien against the real property upon which such cost was incurred.
The detailed statement of the costs shall be filed with the custodian
of the records of tax liens, and a copy of the detailed statement
shall be forwarded to the owner by registered mail. If the building
is removed or demolished by the Public Officer, he/she shall sell
the materials of such building and shall credit the proceeds of such
sale against the cost of the removal or demolition; any balance remaining
shall be deposited in the Superior Court by the Public Officers, shall
be secured in such manner as may be directed by the 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
the court; provided, however, that 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. Any owner or party in interest
may, within 60 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.
[Ord. No. 787 § 10]
The Public Officer may determine that a building is unfit for
human habitation or occupancy or use if he/she 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. Such conditions may include
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;
failure to have included in the building running water or inside toilet
facilities. The Public Officer, in reaching such determination, shall
be guided by, among other things, the standards set by the Building
Code, Zoning Ordinance, and Sanitary Code of the Borough.
[Ord. No. 787 § 12]
A complaint or order issued by a 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 serving of the 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 the Borough.
A copy of the complaint or order shall be posted in a conspicuous
place on premises affected by the complaint or order. A copy of the
complaint or order shall be duly recorded for record with the Clerk
of the County of Bergen.
The Public Officer or other official designated under this section
may exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this section, including,
but not limited to, the following powers, in addition to the others
herein granted:
a.
To investigate the building conditions in the Borough in order to
determine which buildings 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.
d.
To appoint and fix the duties of such Officers, agents and employees
as he/she deems necessary to carry out the purposes of this section.
e.
To delegate any of his/her functions and powers under the section
to such Officers and agents as he/she may designate.
[Ord. No. 1207 § 1]
In order to provide for the uniform fencing or otherwise enclosing
of properties situate within the Borough and in order to insure the
existence of appropriate safeguards against the creation of traffic
hazards or fire hazards and to otherwise provide for the health, safety
and welfare of the residents of the Borough, the following standards
are hereby established for the regulation of fences, retaining walls,
hedges and other forms of enclosures used to enclose property within
the Borough.
[Ord. No. 1207 § 2]
As used in this section:
Shall mean and designate any type of freestanding wall or
structural enclosure (other than a wall of a building) whether of
wood, metal, wire, concrete, or other material.
Shall mean a natural boundary formed by closely growing plant
life, shrubs and/or bushes that creates a division or privacy in outdoor
spaces.
[Amended 2-23-2021 by Ord. No. 21-01]
Shall mean any landowner, lessor, lessee, tenant or other
person in possession of lands lying within the Borough.
Shall mean a permanent artificial device constructed to change
or preserve the finished grade of a given parcel of land, no portion
of which is above finished grade on more than one side of the retaining
wall.
[Ord. No. 1207 § 3]
In all residential zones or open districts designated as such
by the current zoning restrictions, regulations and maps in force
in the Borough, any person who shall erect or maintain a fence, hedge
or retaining wall shall be bound by the following limitations where
applicable:
a.
On interior lots no fence of less than 75% open and unobstructed
in a uniform manner shall be permitted in excess of a height of two
feet six inches measured at the finished surface grade whereon the
fence is situated, if located in the area formed by projecting the
setback line to the side boundaries of the property and between that
setback line and projecting thereto and the street line of the property.
Furthermore, no fence of 75% open area or more in this area shall
exceed the height of four feet above the grade level where situate.
b.
No fence shall be located on an interior lot in the portion of the lot remaining after the area described in subsection 10-10.3a has been subtracted from the total area unless the fence does not exceed the height of six feet if solid or less than 75% open and unobstructed. If over the height of six feet, then such fence must be constructed in a uniform manner so as to be considered not less than 75% open and unobstructed and such type of fence shall not exceed the height of eight feet measured from the grade level at the place where situate.
d.
On any corner lot all fences and hedges shall conform to the same requirements as prescribed in subsection 10-10.3a except any fence and any hedge within the side yard adjacent to the intersecting street shall not exceed two feet six inches measured above the curb grade within the triangular area formed by connecting with a straight line each of two points situated 25 feet distant along the curbline from the point of intersection of the two streets forming that corner, nor shall any fence or hedge less than 75% open and unobstructed in a uniform manner exceed the height of two feet six inches measured from the finished grade whereon the fence or hedge is situated within the area described by projecting the setback line of the intersecting street through the side yard of the main property up to and touching the curbline of the street on which the corner lot faces. Furthermore, any tree or shrubbery within the triangular area above described must be either less in height than two feet six inches measured along its main trunk or branch or, if in excess of that height, no branches shall be nearer than nine feet to the ground. Notwithstanding the provisions of the preceding paragraph, a solid fence may be constructed up to a height of six feet in that area determined by the following boundaries:
e.
In any triangular area as described in subsection 10-10.3d, the finished grade of any lot shall be no more than two feet six inches above the finished grade measured at the curbs to which the triangular area is adjacent. If the finished grade is two feet six inches, no shrubbery or other planting shall be permitted within the area, and if the finished grade created either by natural contours or by the use of a retaining wall is less than two feet six inches above the curb grade, then any plantings within the area shall be kept to a height so that the total height of the plants above finished grade added to the height of the finished grade above curb grade shall in no case exceed two feet six inches.
f.
Property adjacent to a railroad right-of-way shall bear the same restrictions in the triangular area as described in subsection 10-10.3d, using for measurement the intersection of the curbline with the boundaries of the railroad right-of-way.
g.
On inside lots no fences of less than 75% open and unobstructed in
a uniform manner shall exceed the height of six feet measured above
the grade level where situate and in no case shall any fence exceed
the height of eight feet so measured.
h.
In no case shall a fence be located closer than 10 feet to a curbline.
[Ord. No. 1207 § 4]
In all nonresidential zones the same restrictions shall apply as described in subsection 10-10.3a-h except that the maximum height of two feet six inches will be extended to allow a maximum height of four feet for fences of less than 75% open and unobstructed in a uniform manner, provided that in no case shall a fence exceed the height of 2 1/2 feet above the curb level within the triangular area described in subsection 10-10.3d.
[Ord. No. 1207 § 5]
The provisions of this section shall not be deemed to prohibit
any necessary retaining wall.
[Ord. No. 1207 § 6]
In no case shall any barbed wire or other spikes, chipped glass
or other similar devices be used in conjunction with or as a part
of any fence or retaining wall constructed or maintained within the
Borough.
[Ord. No. 1207 § 7]
Whenever the owner, tenant, or person responsible for a particular
parcel of land erects a fence or hedge in accordance with the terms
of this section, he/she shall be responsible for continually maintaining
that fence or hedge. Any fence hereafter erected shall have the least
objectionable side facing the adjacent property or the street, as
the case may be.
[Ord. No. 1207 § 8]
The Construction Official of the Borough is hereby designated
as the Public Officer charged with the enforcement of the terms of
this section. All complaints which allege violation of any of the
terms of this section shall be submitted in writing to the Construction
Official.
Upon receiving such written complaint, the Construction Official shall investigate the facts alleged and where, in his judgment, it appears that a violation of the terms of this section exists, he/she shall issue a complaint returnable before the Judge of the Municipal Court; provided, however, that when any complaint is received alleging a violation of the terms of this section for the triangular area described by subsection 10-10.3d, e, or subsection 10-10.4, the Construction Official shall forthwith transmit a copy of the alleged violation to the Chief of Police, who shall, in such circumstances, investigate the situation and report in writing to the Construction Official whether in his/her opinion a violation exists, and recommending that a complaint be issued by the Construction Official.
The Chief of Police is hereby authorized to conduct such investigation
himself/herself or delegate such authority to a member of the Police
Department. The Borough Police Department shall make diligent effort
in performing its normal police duties to observe the condition of
property at all intersections and to initiate a report in writing
directly to the Construction Official without having previously received
a citizen's complaint concerning the violation.
Before a complaint is issued, the Construction Official shall
give notification thereof of his/her intent to issue a complaint stating
the alleged violation, so that the person responsible for the condition
shall have an opportunity to abate the condition within the period
prescribed by this section.
[Ord. No. 1207 § 9]
Where plant life, fences, retaining walls or hedges exist in
violation of the terms of this section or where the existence of certain
fences or hedges shall have created or tend to create a hazard when
considered alone or in connection with other fences or hedges, the
person responsible for the condition shall correct the condition within
30 days of mailing of a written notice from the Construction Official
by certified or registered mail, return receipt requested, to the
last known address of such persons as defined in subsection 10-10.2a
and describing the violation. In the event that such corrective action
is not taken, the Construction Official is authorized to take independent
action to see that such violation is corrected, shall certify the
cost thereof to the Mayor and Borough Council who shall examine the
certification and, if found to be correct, shall cause the cost to
become a lien upon the lands and to be added to and become a part
of the taxes to be assessed upon such lands.
[Ord. No. 1207 § 10]
Any person aggrieved by the terms of this section may apply
to the Borough Board of Adjustment for an exception from or a variation
of any provision of this section and such application shall be the
same as that prescribed for other variances before that Board; provided,
however, that in no case shall the terms of this section be varied
unless such variance will not be a substantial detriment to the public
health, welfare and safety and will not impair the intent and purpose
of this section.
[Ord. No. 1207 § 11]
Any fence, hedge or retaining wall existing at the time of the passage of this section which complied with the requirements of Ordinance Number 909 and which is contrary to the provisions of this section henceforth shall be deemed a nonconforming appurtenance and shall be treated as are nonconforming uses under the current zoning regulations of the Borough; provided, however, that any fence, hedge, or retaining wall which exists at the time of the passage of this section and contrary to it in that the fence, hedge or retaining wall violates more particularly the provisions of subsection 10-10.3d, e, and f pertaining to the triangular area at road and railway intersections, shall be modified and corrected so as to remove the nonconformity, that modification or correction to be accomplished no later than 90 days from the effective date of this section, the correction of this type of nonconformity being necessary for the general safety and welfare of the citizens of Tenafly and to preserve and protect human lives from injury.
[Ord. No. 1207 § 12]
Any person, firm or corporation erecting a fence or retaining
wall after the effective date of this section shall register the existence
of that fence or retaining wall by notifying the Construction Official
of the Borough, in writing, on a form which the Borough shall supply.
Such registration shall include the full name of the record owner
of the property, the address of the property (including the lot and
block), a brief description of the fence or wall including its size,
type and construction material, and the approximate location of the
fence or retaining wall in relationship to the property lines and,
if required by the Construction Official, its relationship to existing
structures.
The Construction Official, upon receiving the registration as
described, shall maintain an appropriate log or other records and
shall notify the Assessor of the Borough so that the information can
be recorded on the permanent record card for the particular tract
or parcel upon which the fence or retaining wall has been erected.
Persons, firms or corporations which must file an application to the Board of Adjustment of the Borough in accordance with subsection 10-10.10 shall, upon receiving approval from that Board, obtain a Building Permit upon the payment of a fee of $1 to the Construction Official provided that the Architectural Board of Review has acted upon and considered the plans for the proposed fence or retaining wall. The Architectural Board of Review shall act in accordance with the terms of this section and Ordinance Number 855 of the Borough as amended and supplemented, and in the event that the Borough Board denied the request for a permit, the applicant may appeal, as in other cases provided for the Architectural Board of Review, to the Mayor and Borough Council.
[Ord. No. 1207 § 13; Ord. No. 04-30]
Any person who violates any provision of this section shall, for each and every violation thereof, and for each and every day that such violation thereof continues, be subject to a minimum fine of not more than $100 per violation at the discretion of the Judge of the Municipal Court, provided that a violation of the registration procedure prescribed in subsection 10-10.1 shall be considered a single violation and a person convicted of that type of offense shall be subject to a minimum fine of no less than $25 at the discretion of the Judge of the Municipal Court. All violators shall also be liable, upon conviction, to the General Penalty clause in Section 1-5 of this Code.
[Ord. No. 1209 § 1]
The purpose of this section shall be to require the clear display
of building numbers to public streets for all properties that contain
principal buildings within the Borough in order to assist the general
public and the authorities in identifying any property in case of
an emergency as well as for the welfare of the general public in conducting
their normal affairs, pursuant to N.J.S.A. 40:67.1 et seq.
[Ord. No. 1209 § 2; Ord. No. 10-25 § 1]
There is hereby established a uniform system for numbering buildings
along all streets, avenues, public and private ways in the Borough.
The Borough Engineer, in conjunction with the Borough Assessor, shall
prepare a Building Number Map by superimposing upon the assessment
map of the Borough numbers for every lot in the Borough pursuant to
the following standards:
a.
Existing Numbers. Notwithstanding any other provisions of this section,
the Borough Engineer shall attempt, to the extent possible consistent
with the maintenance of the orderly progression of street numbers,
to assign to lots on which there are existing structures the numbers
which they are now using.
b.
New Numbers. All building numbers for new subdivisions and lots created
by redivisions shall be consistent and uniform with existing numbers
in the immediate area as determined by the Borough Engineer. Building
numbers shall progress from south to north and from west to east,
whenever practicable.
c.
Even and Odd Numbers. Even numbers shall appear on the south and
east sides of streets, while odd numbers shall appear on the north
and west sides of the street.
[Ord. No. 1209 § 3; Ord. No. 10-25 § 2]
After the Building Number Map has been prepared by the Borough Engineer pursuant to subsection 10-11.2 and approved by resolution of the Mayor and Borough Council, it shall be maintained in the office of the Borough Assessor. Upon any subdivision or resubdivision of land in the Borough of Tenafly resulting in a lot or lots other than those delineated on the map, the Borough Assessor shall assign a building number to each lot resulting from the subdivision or resubdivision which shall be in proper numerical sequence in relation to the number assigned to other lots fronting on the same street, and he/she shall record same on the Building Number Map. Copies of the map and any changes thereto shall be filed with the Police Chief, Fire Chief, Assessor and Tax Collector of the Borough.
[Ord. No. 1209 § 4; Ord. No. 10-25 § 3]
a.
Whenever any house, building, or structure shall be erected or located
in the Borough after the passage of this section, and in order to
preserve the continuity and uniformity of numbers of the houses, buildings
or structures, it shall be the duty of the owner to ascertain the
correct number or numbers as designated by the Borough Assessor for
the property, and to immediately fasten the number or numbers so assigned
upon the building as provided by this section.
b.
No permit shall be issued for any house, building or structure until
the owner has obtained in writing the official number of the proposed
or existing building from the Borough Assessor and has provided a
copy of same to the Construction Official.
c.
Final approval certificates for any building or structure erected,
repaired, altered or modified after the effective date of this section
shall be withheld by the Construction Official until permanent and
proper numbers have been fixed to that structure as provided herein.
d.
Any person having a number different from that officially assigned
shall be deemed to be in violation of this section.
[Ord. No. 1209 § 5; Ord. No. 10-25 § 3]
After approval of the Building Number Map and this ordinance (Ordinance No. 10-25 was adopted September 28, 2010), the Construction Official or the Fire Official shall notify by certified mail all owners of houses, buildings or structures which do not display a number or which display an incorrect number that they shall bring their house, building or structure into conformity with this section within one month of the date of the notice unless relief is granted pursuant to subsection 10-11.8.
[Ord. No. 1209 §§ 6,
7; Ord. No. 10-25 § 3]
a.
Responsibility. The owner, occupant or agent of an owner or occupant shall place or cause to be displayed upon each house, building or structure controlled by him/her, the approved address number or numbers assigned to the lot upon which it is located by the Building Number Map provided for in subsection 10-11.2 of this section.
b.
Size and Type of Numbers. The address numbers used shall be Arabic,
not less than four inches in height, with a minimum stroke width of
1/2 of an inch and shall be made of durable and clearly visible material.
Whenever any building is situated more than 50 feet from the street
line, the house numbers shall be at least five inches in height with
a minimum stroke width of 1/2 of an inch.
c.
Location. The numbers shall be conspicuously placed on the building
facade parallel to the street or road fronting the property, immediately
above or within 10 feet to either side of the main entrance to the
building or in the case of a one- or two-family dwelling, they may
be placed over a garage door so that the number can be plainly read
from the centerline of the street.
d.
Alternate Location. If the number would not be visible due to the
orientation setback or other features of the building or site if it
were displayed as provided above, then the number shall be placed
near the walk, driveway or entrance to such building and upon a post
or fence so as to be easily discernible from the centerline of the
street. Such a display shall be no closer than 10 feet to the curbline
nor further away than 15 feet from the curbline and not in the public
right-of-way. The bottom of the display and the numbers shall be no
less than 30 inches above the level of the ground nor shall the top
of the display and numbers be more than six feet above the ground.
Numbers displayed in this alternate manner may be oriented parallel
to, or up to 90° perpendicular to the curbline of the fronting
street. Displays that are not parallel to the curbline of the fronting
street shall have numbers that face both directions of traffic flow.
e.
Multiple Entrances. Where any building has more than one entrance
serving separate occupants or tenants, a separate number shall be
assigned to each entrance serving a separate occupant or tenant and
shall be posted as otherwise provided in this section.
1.
Where only one number can be assigned to any one house, building
or structure, the suffix A, B, C, etc., as may be required, shall
be used to designate each separate entrance serving a separate occupant.
2.
Where any building or complex of buildings is so structured that all separate entrances serving separate occupants and the numbers assigned to them are not clearly visible from the centerline of the street, then the number for each separate entrance shall be placed near the walk or driveway from the street to such separate entrance and upon a, post, fence or other appropriate place so as to be easily visible from the centerline of the street. The height limitations on such a display shall be the same as those provided in subsection 10-11.6d above.
3.
For all multi-family buildings having apartment doors opening on
interior halls, each door shall have a number no less than two inches
high affixed thereon and all hall entryways shall have on the exterior
thereof a display indicating the sequence of apartments served by
such entryway.
f.
Visibility. All numbers posted pursuant to this section shall be
of reflective material or of sufficient visual contrast to the background
material on which they are mounted, to be clearly visible and easily
read from the centerline of the street in daylight by a person possessing
at least 20/20 vision and be discernible at night with the aid of
an emergency vehicle spotlight.
g.
Maintenance. It shall be the responsibility of the owner of the property
to maintain the numbers so that they are clearly visible and legible
and meet the requirements of this section at all times.
[Ord. No. 1209 § 8; Ord. No. 10-25 § 3]
a.
The owner, occupant or agent of an owner or occupant may, within 20 days of the assignment of a number as provided in subsections 10-11.3 and 10-11.5, object to the number assigned to his property by filing a written notice of objection with the Assessor's office. Such notice shall specify the reasons for the objection and the number which is desired for the property in question.
b.
The Borough Assessor shall:
1.
Convene, within 20 days of the receipt of the written notice of objection
pursuant to paragraph a above, a meeting of the Appeal Board created
herein consisting of the Borough Assessor, Borough Engineer, the Fire
Chief, the Police Chief, the Borough Administrator, or their designated
representatives and the Construction Official; and
2.
Notify the person who has filed the notice of objection at least
five days in advance of the time and place of the meeting of the Appeal
Board.
c.
The objector shall be permitted to be present at the Appeal Board
to present his/her position, but such attendance is not mandatory.
The Appeal Board shall permit an appellant to continue to use an existing
number as long as the appellant shall continue to own or occupy the
premises in question and provided that the existing number shall not
duplicate the number assigned by the Building Number Map to another
premises and actually used at that location.
d.
An electronic record of the Appeal Board's deliberations shall be
maintained by the Construction office and the decision on the objection
shall be set forth in written form approved by a majority of those
voting, which decision shall set forth findings of fact made by the
officials and the reasons for the decision. Three members shall constitute
a quorum for the Board. A copy of the decision shall be mailed by
certified mail to the person filing the notice of objection within
10 days of the decision.
e.
The person filing the objection may request a review of the decision
by the Mayor and Borough Council. The request shall be in writing
and shall be presented to the Borough Clerk with a copy to the Construction
Official within five days of the receipt by the person filing the
notice of objection of a copy of the decision setting forth the decision
made pursuant to paragraph d above. The notice of appeal shall state
the reasons why the objector believes the decision of the Appeal Board
to be in error. The review by the Mayor and Borough Council shall
be based solely upon the record before the Board. No additional testimony
or oral argument shall be permitted at the time of this review by
the Mayor and Borough Council. The decision of the Mayor and Borough
Council shall be in the form of a resolution passed at a public meeting
within 40 days of the filing of the appeal.
f.
A copy of the final decision issued under a and e shall be filed with all officials as prescribed in subsection 10-11.7.
g.
The filing of an appeal under paragraph a or e herein shall temporarily
suspend enforcement or prosecution until the appeal is determined
and correspondingly shall extend the time periods for compliance.
[Ord. No. 1209 § 9; Ord. No. 99-19 § 11; Ord. No. 10-25 § 3]
This section shall be enforced by the Construction Official,
the Fire Official, the Code Enforcement Officer or the Tenafly Police
Department, who separately are empowered to order, in writing, the
remedying of any condition found to exist in violation of any provision
of this section. The owner or agent of a building or premises, if
a violation of any of the provisions of this section shall have been
committed or shall exist, or the lessee or tenant of any part of the
buildings or premises in which such violations shall have been committed
or shall exist, or agent, architect, builder, contractor or any other
person who shall commit, take part or assist in any violation or who
shall maintain any building or premises in which any violation of
this section shall exist, or the persons so violating same who refuse
to correct the violations within one month after written notice has
been mailed to them, shall, for each and every violation of the provisions
of this section, be subject to a maximum fine of not more than $100
and a minimum fine of $10 for each day of violation, plus costs. Each
and every day that such a violation continues after notice as hereinabove
prescribed shall be considered a separate and specific violation of
this section.
[Ord. No. 1209 § 11; Ord. No. 10-25 § 3]
It is hereby directed that address numbers as provided for by
this section shall be installed and such numbers shall be in use within
six months of the date of final approval of the Building Number Map
and this section.
