[Ord. #283, S 1]
a. There is hereby established in the Borough a State Uniform Construction
Code Enforcing Agency to be known as Borough Code Enforcement 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 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.
[Ord. #283; New; Ord. #542; Ord. #543; Ord. #O-99-9; Ord.
#O-02-8; Ord. #O-08-04; Ord. #O-09-5; Ord. #O-12-23]
The fee for a construction permit shall be the sum of the subcode
fees as follows and shall be paid before the permit is issued:
a. Building Subcode Fees. The building subcode fees shall be as follows:
1. The new construction fee shall be in the amount of $0.025 per cubic
foot of buildings and structures for all uses, groups and types of
construction as classified and defined in the building subcode.
2. For renovations, alterations, reconstructions, and repairs: $20 per
$1,000 or fraction thereof of estimated cost up to and including $50,000,
with an additional $18 per $1,000 or fraction thereof of estimated
cost from $50,000 to and including $100,000, and $15 per $1,000 or
fraction thereof of estimated cost above $100,000.
3. For additions, the fee shall be computed on the same basis as paragraph
a,1 above for the added portion.
4. For combinations of renovations and additions, the sum of the fees
shall be computed separately as renovation and additions.
5. For pre-manufactured buildings, the fee shall be calculated as per
paragraph a,2 above for all of the work performed on site. (Site work
shall include, but not be limited to, footings, foundations, decks
and porches.)
6. The fee for roofing or siding work on a one- or two-family dwelling
shall be $60. The roofing and siding fees for other use groups shall
be calculated as per paragraph a,2 above.
7. The fee for a permit for lead hazard abatement work shall be $100.
The fee for a lead abatement clearance certificate shall be $75. These
permits shall be issued to a licensed abatement contractor.
8. The fee for a permit for an asbestos abatement clearance certificate
shall be $75.
9. The fee for swimming pools shall be $75 for aboveground pools and
shall be $150 for in-ground pools associated with one-or two-family
dwellings; swimming pools associated with other use groups shall be
calculated as per paragraph a,2 above.
10. The fee for a demolition permit shall be $60 for one- or two-family
dwellings and $120 for all other use groups.
11. The fee for a permit for the relocation of a building or structure
from one lot to another or to a new location on the same lot shall
be $15 per $1,000 of the sum of the estimated costs for moving, for
new foundations and for placement in a completed condition in the
new location.
12. The fee for a permit to construct a sign shall be $2.50 per square
foot of the surface area of the sign. In the case of double-faced
signs, the area of the surface of only one side of the sign shall
be used for purposes of the fee computation.
13. The fee for fences greater than 6 feet in height or installed to
provide a pool enclosure shall be $60.
14. The fee for tents and other temporary structures not covered by the
New Jersey Uniform Fire Code shall be a flat fee of $150 per structure.
15. The fee for retaining walls shall be as follows:
(a)
Retaining walls with a surface area less than or equal to 500
square feet and associated with a one-family or two-family dwelling
shall be a flat fee of $60.
(b)
Retaining walls with a surface area greater than 500 square
feet and associated with a one-family or two-family dwelling shall
be a flat fee of $100.
(c)
The fee for retaining walls associated with all other use groups
shall be based upon the cost of construction and calculated as per
paragraph a,2 above.
b. Plumbing Subcode Fees.
1. In one-family or two-family dwellings, the fee shall be $15 per fixture
or stack for all fixtures except as listed in paragraph b,2 below.
In all other use groups the fee shall be $40 per fixture or stack.
2. In one-family or two-family dwellings, the fee shall be $35 per special
device, such as grease traps, sand interceptors, oil separators, sewerage
ejectors, water-cooled air-conditioning units and utility service
connections, low-water cut-off valves, heating system or replacement
of oil tank. In all other use groups the fee shall be $50 per special
device.
3. For the purpose of computing these fees, fixtures or stacks shall
include but not be limited to lavatories, kitchen sinks, slop sinks,
urinals, water closets, bathtubs, shower stalls, laundry tubs, floor
drains, drinking fountains, dishwashers, garbage disposals, clothes
washers, water heaters, gas piping per appliance outlet, condensation
lines, fuel oil piping or similar devices.
4. The fee for the annual certification of cross-connections and backflow
preventors that are subject to annual testing and reinspection shall
be a flat fee of $25 per device.
c. Electrical Subcode Fees.
1. For from one to 50 receptacles or fixtures, the fee shall be in the
amount of $60; for each 25 receptacles or fixtures, or fraction thereof,
in addition to this, the fee shall be in the amount of $15. For the
purpose of computing this fee, receptacles or fixtures shall include
lighting outlets, wall switches, fluorescent fixtures, convenience
receptacle, smoke and heat detectors or similar fixture and motors
or devices of less than or equal to one horsepower or one kilowatt.
2. For each motor or electrical device greater than one horsepower and
less than or equal to 10 horsepower and for transformers and generators
greater than one kilowatt and less than or equal to 10 kilowatts,
the fee shall be $15.
3. For each motor or electrical device greater than 10 horsepower and
less than or equal to 50 horsepower; for each service panel, service
entrance or subpanel less than or equal to 200 amperes; for each transformer
and generator greater than 10 kilowatts and less than or equal to
45 kilowatts; and for each utility load management device, the fee
shall be $60.
4. For each motor or electrical device greater than 50 horsepower and
less than or equal to 100 horsepower; for each service panel, service
entrance or subpanel greater than 200 amperes and less than or equal
to 1,000 amperes; and for transformers and generators greater than
45 kilowatts and less than or equal to 112.5 kilowatts, the fee shall
be $120.
5. For each motor or electrical device greater than 100 horsepower;
for each service panel, service entrance or subpanel greater than
1,000 amperes; and for each transformer or generator greater than
112.5 kilowatts, the fee shall be $600.
6. For the purpose of computing these 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.
7. The fee for the annual electrical inspection of swimming pools, spas
or hot tubs shall be $60.
8. The fee for the electrical work associated with the installation
of an aboveground swimming pool shall be $75. The fee for the electrical
work associated with the installation of an in-ground swimming pool
shall be $150. These fees shall include all electrical devices associated
with the swimming pool excluding any new electrical panels.
9. Alternative Energy Systems.
(a)
The fee for alternative energy systems shall be as follows:
(1)
One to 50 kilowatts, the fee shall be $60.
(2)
Fifty-one to 100 kilowatts, the fee shall be $120.
(3)
Over 100 kilowatts, the fee shall be $600.
(b)
Alternative energy systems shall include, but not be limited
to, photovoltaic, wind-generated, hydroelectric, and fuel cells.
(c)
These fees shall apply to the energy producing equipment only,
all other equipment shall be priced per paragraphs c,1 through c,6
above.
d. Fire Protection Subcode Fees.
1. Fire protection and other hazardous equipment: Fire sprinklers, standpipes,
fire alarm systems and devices, smoke and carbon monoxide alarms,
pre-engineered suppression systems, gas- and oil-fired appliances,
solid-fuel-fired appliances, commercial kitchen exhaust systems, incinerators
and crematoriums.
2. The fee for 20 or fewer sprinkler heads shall be $100; for 21 to
and including 100 heads, the fee shall be $150; for each additional
100 heads, or part thereof, the fee shall be $200.
3. The fee for smoke alarms, carbon monoxide alarms, or a fire alarm
system associated with a one- or two-family dwelling shall be a flat
fee of $75 regardless of number of devices.
4. The fee for a fire alarm system, fire detection system, carbon monoxide
detection system associated with all use groups other than one- or
two-family dwellings shall be $100 for the first 12 alarm initiating
devices or notification appliances; and $50 for each additional 25
devices or appliances, or fraction thereof.
5. The fee for each standpipe shall be $300.
6. The fee for each independent pre-engineered suppression system shall
be $150.
7. The fee for each gas, oil or solid fuel-fired appliance shall be
$50.
8. The fee for each kitchen exhaust system shall be $100 for other than
one- or two-family dwelling.
9. The fee for each fire pump shall be $400.
10. The fee for the installation of each dry valve, pre-action valve,
deluge valve, detector check valve, post indicator valve, or similar
water control device shall be $60.
11. The fee for the replacement of each fire alarm control panel shall
be $100.
12. The fee for the installation, removal or abandoning of a flammable
or combustible liquid storage tank serving one- or two-family dwellings
shall be $60. For all other use groups the fee shall be $120 per storage
tank.
e. Elevator Safety Subcode Fees.
1. The Borough of West Long Branch shall use the State of New Jersey,
Department of Community Affairs, Division of Codes and Standards,
Elevator Safety Unit to enforce the elevator safety subcode.
2. The fees for elevator device inspections and tests shall be as set
forth in N.J.A.C. 5:23-12.
f. Miscellaneous Construction Code Fees.
1. The fee for a change in contractor shall be $60 when no additional
work is undertaken by the new contractor.
2. Minimum Fees and Fees Not Covered. A minimum fee of $60 shall be
charged for each subcode permit; in addition, State fees (N.J.A.C.
5:23-4.20) shall be used for any fee not addressed by municipal ordinance.
g. Certificate of Occupancy Fees.
1. The fee for a Certificate of Occupancy for new construction and additions
in one- and two-family dwellings shall be $50; in all other groups
the Certificate of Occupancy fee shall be $100.
2. The fee for a Certificate granted to a change of use group shall
be $125.
3. There shall be no fee for a Temporary Certificate of Occupancy or
Certificate of Approval or Compliance.
h. Variation Request Fees. A fee of $50 shall be submitted with each
variation to the New Jersey Uniform Construction Code requested for
one- or two-family dwellings for all other use groups, the fee shall
be $200 for each variation requested.
i. Plan Review Fees. The fee for plan review 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.
j. State of New Jersey Permit Surcharge Fees.
1. In order to provide for the training and certification and technical
support programs required by the Act, State permit surcharge fees
as described in N.J.A.C. 5:23-4.19 shall be collected and transmitted
to the State Treasurer on a quarterly basis.
2. The municipality shall remit fees to the Bureau of Regulatory Affairs
on a quarterly basis, in conjunction with report number R-840B State
Training Fee Report in accordance with N.J.A.C. 5:23-4.5(e). Fees
remitted shall be for the quarter. Checks shall be made payable to
"Treasurer, State of New Jersey."
Former subsection 9-1.4, Fire Limits, containing fire permit fees was superseded by Ordinance No. O-12-33. Fire permit fees may be found in Subsection
9-1.3.
[Ord. #490]
a. General. All buildings and structures shall be classified with respect
to use in one of the following use groups listed below.
1. Use group A — assembly, as defined in Section 203.0 of the
BOCA Code.
2. Use group B — business, as defined in Section 204.0 of the
BOCA Code.
3. Use group F — factory and industrial, as defined in Section
205.0 of the BOCA Code.
4. Use group H — high hazard, as defined in Section 206.0 of the
BOCA Code.
5. Use group I — institutional, as defined in Section 207.0 of
the BOCA Code.
6. Use group M — mercantile, as defined in Section 208.0 of the
BOCA Code.
7. Use group R — residential, as defined in Section 209.0 of the
BOCA Code.
8. Use group S — storage, as defined in Section 210.0 of the BOCA
Code.
9. Use group T — temporary and miscellaneous, as defined in Section
211.0 of the BOCA Code.
b. Fire Grading of Buildings. All buildings and structure shall be graded
in accordance with the degree of fire hazard of their use in terms
of hours and fractions of an hour and regulated by Section 902.0 of
the BOCA Code.
c. New Uses. The Building Official shall establish by approved rules
the degree of hazard involved and the fire grading of any use not
specifically provided for in this Code.
[Ord. #323, A 1]
The short title of this section shall be known as "An Ordinance
Providing for and Requiring the Inspection and Certificates of Occupancy
of Rooms, Dwellings, and Apartments Offered for Sale or Rent in the
Borough of West Long Branch."
[Ord. #323, A 2]
The purpose of this section shall be to provide the Borough
with a means by which all rooms, dwellings or apartments are subject
to inspection and registration by the Borough concerning the existence
in particular rooms, dwellings or apartments any zoning, planning,
building, health, electrical, sanitary and plumbing ordinance or code
violations that may threaten the public health, safety, morals or
general welfare of the Borough's citizens. The standard by which all
violations will be determined include all pertinent codes and ordinances
of the Borough, the State of New Jersey with particular emphasis on
the New Jersey Housing Code, or Federal laws and administrative regulations.
This section will also afford the Borough adequate supervision to
assure that all rooms, dwellings and apartments are habitable to serve
as a deterrent to the deterioration of property or properties and
premises constructed thereon.
[Ord. #323, A 3]
The issuance of the appropriate Certificate of Occupancy or
other applicable certificates by the Borough does not constitute a
certification that the premises' electrical, plumbing, sanitary or
heating systems are in A-1 shape and are guaranteed. The Certificate
of Occupancy or applicable certificate means that the premises have
been checked as a permitted use and have the adequate necessities
for suitable human occupancy. It does not guarantee service or future
capabilities beyond the date of inspection.
[Ord. #323, A 4]
As used in this section:
APARTMENT
Shall mean multi-family dwelling adhering to the standards
set forth in the Zoning Ordinances of the Borough and amendments thereto,
or in the specific variance granting the apartment.
DWELLING UNIT
Shall mean a building used as a residence, abode, habitation
or any room or combination of rooms containing sleeping, cooking and
sanitary facilities intended to provide living accommodations for
a family.
FAMILY
Shall mean one or more persons customarily living together
as a single housekeeping unit whether or not related to each other
by birth or marriage, as distinguished from a group occupying a boarding
house, lodging house, hotel or motel.
INSPECTOR
Shall mean the Building Inspector, Zoning Officer, Housing
Inspector, or Construction Official of the Borough.
[Amended 12-18-2019 by Ord. No. O-19-12]
MOTEL
Shall mean a building containing one or more rooms with individual
entrances, used, rented or hired out on a transient basis to be occupied
for sleeping purposes only and not containing individual heating and
cooking facilities.
[Ord. #323, A 5; Ord. #O-95-4, S 1; Ord. #O-96-2; Ord. #O-08-14,
S 1]
a. Required. No persons shall rent, lease or allow any person to live
in or occupy as a tenant or owner of any room, dwelling, or the like,
unless a Certificate of Occupancy certifies that the room, dwelling,
or the like is in compliance with the applicable ordinances, codes,
and laws of the Federal, State and Borough indicating such is fit
for human habitation.
As exceptions to this paragraph, no Certificate of Occupancy
is necessary if:
1. The person renting, etc. and the person rented to are members of
the same family.
2. The rooms, dwellings, etc. are parts of a hotel, motel or apartment,
etc. which are subject to paragraph c.
b. Change of Occupancy Without Certificate of Occupancy; Penalty. No
owner of rental properties, agent, real estate agent or broker, firm,
company, partnership, corporation, or person shall rent, lease, let,
mortgage with right of occupancy or change the occupancy, whether
or not for a consideration and whether such change of occupancy be
temporary or permanent without obtaining a Certificate of Occupancy.
Any dwelling unit, hotel, motel, room, unit, boarding house or premises
on which a building is located and used for human occupancy shall
not be used unless a Certificate of Occupancy certifies that the building
and premises are in compliance with all applicable ordinances of the
Borough and any State or Federal law regulations or administrative
codes, directives, or the like.
Any contractor who assists or builds a separate dwelling unit within an existing structure without having required the owners to produce proof of any and all appropriate permits, shall be subject to a penalty as established in Chapter
1, Section
1-5 of this Code in addition to penalties upon the owner.
c. Reissuance for Hotels, Boarding Houses, and Apartments; Reinspection.
Certificates of Occupancy for hotels, boarding houses, and apartments
shall only be required once every 12 months unless requested by the
prospective occupancy, or complaints concerning the premises or unit
have been received by the Borough, in which case, if a re-inspection
of the premises reveals the need for repairs, renovations, alterations
or the like, a new Certificate of Occupancy must be issued for the
continued use and occupancy of the premises.
d. Reissuance for Other Dwellings; Reinspection. In all other cases,
a Certificate of Occupancy once issued shall be valid so long as the
occupant to whom the Certificate is issued, is still in possession,
except wherein a complaint about the premises is made or a request
for re-inspection is made, and an inspection of the premises reveals
the need for repairs, renovations, alterations or the like, a new
Certificate of Occupancy shall be required for continued use and occupancy.
e. Smoke Detectors; Other Additional Requirements. In addition to the
requirements that an application for Certificate of Occupancy establishes
that the dwelling unit or apartment meets the standards as noted herein,
it shall also be a requirement that each dwelling shall be provided
with a minimum of one approved, listed and labeled smoke detector
sensing visible or invisible particles of combustion installed in
a manner and location consistent with its listing. When actuated,
the detector shall provide an alarm suitable to warn the occupants
within the dwelling. Each separate dwelling must have a separate heating
control. Each dwelling within a building must have a separate entrance
and exit. One hundred amps are required and must be provided for each
dwelling within a building. The establishment of a separate kitchen
facilities constitutes the establishment of a separate dwelling unit.
f. Carbon Monoxide Alarms; Other Additional Requirements. In addition
to the Certificate of Occupancy and smoke detector compliance inspections,
the property owner shall request and the appropriate Borough official
shall make an inspection to confirm that the property has the required
carbon monoxide alarm(s). Such inspection shall be done to make certain
that the property conforms with N.J.A.C. 5:70-4.19(d) and N.J.A.C.
5:70-2.3, together with any subsequent amendments and supplements
thereto. These regulations apply to one- and two-family homes. A carbon
monoxide alarm compliance application shall be submitted, and a carbon
monoxide alarm inspection certificate obtained, when any one- or two-family
home is sold, leased or otherwise made subject to a change of occupancy.
The obligation to obtain the same is upon the owner or seller.
[Ord. #323, A 6; amended 12-18-2019 by Ord. No. O-19-12]
Application for Certificate of Occupancy shall be in writing
to the Construction Official or Housing Inspector and shall state:
a. The name, address, telephone number and principal place of business
of the owner.
b. The name, address, telephone number and principal place of business
of tenant, new owner, and/or name and address of the agent of the
new tenant or owner where applicable.
c. A description of the room, dwelling, apartment, or the like by street
number or other specific and readily determinable description or otherwise,
to enable exact identification for location thereof.
d. The names, addresses, telephone numbers and principal place of business
of the agent, person, association, or corporation, if any appointed,
by the owner or management of same.
All applications for Certificates of Occupancy shall be located
in the Borough Clerk's Office.
[Ord. #323, A 7]
The owner, not more than 30 days prior or less than 10 days
after a tenant removes from and vacates a room, dwelling, apartment
or the like, shall file with the office of the Inspector a statement
containing the address of the premises and the number or other specific
description of the place vacated, except where a hotel or motel is
involved.
[Ord. #323, A 8]
a. No such vacated room, dwelling, apartment, or the like shall be transferred,
rented or occupied by any new tenant or owner until an inspection
has been made by the Inspector to determine whether such room, dwelling,
apartment or the like is in violation of any of the applicable Federal,
State or Municipal laws of the Borough. If no such violation exists,
the Inspector shall issue a Certificate of Occupancy. Whenever the
Inspector determines that there are reasonable grounds to believe
that there has been a violation of any provisions of this section,
or of any rule or regulation adopted pursuant thereto, he shall give
notice of such alleged violation to the person responsible therefor.
b. Such notice shall: 1. be put in writing; 2. include a statement of
the reasons why it is being issued; 3. allow a reasonable time for
the performance of any act it requires; and 4. be served upon the
owner, or his agent, or the occupant as the case may require, provided
that such notice or a copy thereof is served upon the owner, agent
or occupant personally, or is sent by registered mail to his last
known address, or posted in a conspicuous place in or about the dwelling
affected by the notice, or served by any other method authorized or
required by the State. Such notice may contain an outline of remedial
action which, if taken, will affect compliance with the provisions
of this section and with rules and regulations adopted pursuant thereto.
c. Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this section, or of any rule
or regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before the Hearing Board, which will consist
of a Construction Official, the Building Inspector, the Housing Inspector
and a Health Official, provided such person shall file in the office
of the Borough Clerk a written petition requesting such hearing and
setting forth a brief statement of the grounds therefor within 10
days after the date the notice was served. Upon receipt of such petition,
the Borough Clerk shall set a time and place for such hearing and
shall give the petitioner written notice thereof.
[Amended 12-18-2019 by Ord. No. O-19-12]
d. At such hearing, the petitioner shall be given an opportunity to
be heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the date
on which the petition was filed; provided that upon application of
the petitioner the Hearing Board may postpone the date of the hearing
for a reasonable time beyond such 10 day period, if in its judgment
the petitioner has submitted a good and sufficient reason for such
postponement.
e. After such hearing, the Hearing Board shall sustain, modify, or withdraw
the notice depending upon its findings as to whether the provisions
of this Ordinance and of the rules and regulations adopted pursuant
thereto have been complied with. If the notice is sustained or modified,
it shall be deemed to be an order. Any notice served pursuant to this
section shall automatically become an order if a written petition
for a hearing is not filed in the office of the Borough Clerk within
10 days after such notice is served. The proceedings at such hearing,
including the findings and decision of the Hearing Board shall be
summarized, reduced to writing, and entered as a matter of public
record in the office of the Borough Clerk. Such record shall also
include a copy of every notice or order in connection with the matter.
f. Any person aggrieved by the decision may seek relief therefrom in
any Court of competent jurisdiction, as provided by the laws of the
State.
g. Whenever the Hearing Board finds that an emergency exists which requires
immediate action to protect the public health or safety, it may, without
notice or hearing, issue an order reciting the existence of such an
emergency and requiring that such action be taken as it deems necessary
to meet the emergency. Notwithstanding the other provisions of this
section such order shall be effective immediately. Any person to whom
such order is directed shall comply therewith immediately, but upon
petition to the Hearing Board shall be afforded a hearing as soon
as possible. After such hearing, depending upon his findings as to
whether the provisions of this section and of the rules and regulations
adopted pursuant thereto have been complied with, the Hearing Board
shall continue such order in effect or modify it, or resolve it.
[Ord. #323, A 9]
A Certificate of Occupancy issued pursuant to this section shall
be posted in a conspicuous place in a room, dwelling, apartment or
the like upon the issuance thereof.
[Ord. #323, A 10; Ord. #542; Ord. #O-99-9 S 1; Ord. #O-02-12,
SS 1, 2; Ord. No. O-2017-11 § 1]
All applications for a Certificate of Occupancy and the inspection
required thereby shall be accompanied by the appropriate filing fee
designated to cover the cost of inspection in connection with the
aforesaid application, which fee shall be paid upon filing the application
and shall not be refundable.
a. Single-Family Dwellings — $100 per unit, which fees shall also
include rentals of single-family homes. One reinspection shall be
included in the basic fee. The second reinspection, as well as any
additional reinspections, shall require a fee to be paid in the amount
of $25.
[Ord. No. O-2017-11 § 1]
b. Hotel/Motel — $2.50 per unit.
c. Apartments or Multi-Family Dwellings — $100 per unit or apartment.
One reinspection shall be included in the basic fee. The second reinspection,
as well as any additional reinspections, shall require a fee to be
paid in the amount of $25.
[Ord. No. O-2017-11 § 1]
[Ord. #323, A 11]
A Certificate of Occupancy may be withheld by the Construction
Official pending a hearing, notwithstanding the fact that the premises
sought to be occupied comply with all the Ordinances of the Borough,
because the property upon which the dwelling or structure intended
to be occupied, is in violation of any Ordinance of the Borough or
due to items located thereon, the grading of the property, and/or
other applicable factors which renders the premises deleterious to
the health, welfare and safety of the occupants in question and/or
surrounding property owners.
[Ord. #323, A 12; amendmed 12-18-2019 by Ord. No. O-19-12]
The Construction Official and Housing Inspector shall keep detailed
records of all applications for Certificates of Occupancy.
[Ord. #323, A 13; amended 2-1-2023 by Ord. No. O-23-3]
a. Any owner, lessee, lessor, sub-lessee, or sub-lessor, or occupant of premises not having a valid Certificate of Occupancy issued thereby, shall immediately vacate the premises and shall be subject to a penalty as established in Chapter
1, Section
1-5 of this Code.
b. Any owner who violates this section, or any person who interferes with the Official or any other person authorized to exercise the powers of this section shall upon conviction in the Municipal Court, pay a penalty of no less than $1,500 and no more than $1,800 for a first offense; and no less than $1,800, and no more than $2,000 for a second or subsequent offense; be subject to a penalty as established in Chapter
1, §
1-5 of this Code and such action in and penalties imposed by the Municipal Court may be in addition to any other action or proceeding set forth in this section.
[Ord. #323, A 14]
No Certificate of Occupancy shall be issued on any construction
commenced as a result of receiving final approval until the Borough
Engineer shall certify to the Planning Board that all required improvements
have been completed.
[Ord. #O-08-04, S 2; Ord. #O-08-29, S 3; Ord. No. O-2017-11 § 4]
a. Applications. Persons or entities requesting smoke detector and/or carbon monoxide alarm inspections shall complete an application, provided by the Borough, setting forth the information required under subsection
9-2.6 and its subsections.
b. Cost of Inspection. All applications for a smoke detector and/or
carbon monoxide inspection shall be accompanied by the appropriate
filing fee designated to cover the cost of inspection in connection
with the aforesaid application, which fee shall be paid upon filing
the application, and shall not be refundable.
1. One- and Two-Family Homes—Forty-five dollars per property,
and not per dwelling unit. One reinspection shall be included in the
basic fee. The second reinspection, as well as any additional reinspections,
shall require a fee to be paid in the amount of $25.
2. This fee is in addition to any fee required for a Certificate of
Occupancy inspection and permit. There shall, however, be only one
fee for the smoke detector and carbon monoxide inspection, since both
devices can normally be inspected at the same time.
3. Requests received more than 10 business days prior to a change of
occupancy--$45.00. Requests received four to 10 business days prior
to a change of occupancy--$90.00. Requests received fewer than four
business days prior to a change of occupancy--$161.00.
[Ord. No. O-2017-7 § 1]
All one-family dwellings, including any legal two-family dwellings,
as defined by the Borough ordinances and State law, shall be limited
to two certificates of occupancy per calendar year for the entire
premises, with no subletting, except upon a bona fide sale to a third
party. A new certificate of occupancy is required whenever all or
a majority of the tenants residing in a one-family dwelling have changed.
[Ord. No. O-2017-7 § 2]
a. A permanent resident seeking to travel and rent his or her property
on a seasonal basis.
b. A bona fide family unit, a member of which owns the property and uses said property for seasonal occupancy, may apply for an exception to the two certificates of occupancy per year maximum to rent the premises for the remainder of the year to a family as defined in subsection
9-2.4 or State law.
c. Death of the owner or tenant.
d. Active military service of the owner or tenant.
e. Institutionalization, medically or criminally, by the owner or tenant.
f. Any other circumstances in which the Housing Inspector makes a determination
on the particular factual scenario presented that issuance of an additional
certificate of occupancy would not unduly frustrate the purposes of
this ordinance and the failure to issue an additional certificate
of occupancy would cause undue hardship to the applicant. The Housing
Inspector shall render his decision in writing within five business
days of the application for an exception under this section. Any decision
of the Housing Inspector may be appealed to the Borough Administrator,
or his/her designee, for a de novo review of the decision of the Housing
Inspector. The Business Administrator, or his/her designee, shall
conduct the de novo review and shall render a written decision within
five business days of the receipt of the appeal.
[Ord. #169, S 1]
Any building, wall or structure which is or may become dangerous
to life or health or might tend to extend a conflagration in the Borough
may be removed or destroyed in the manner herein provided.
[Ord. #169, S 2]
Upon any report being made to the Borough that any building,
wall or structure is or may become dangerous to life or health or
might tend to extend a conflagration and the Mayor and Council shall
be satisfied that there are grounds for the complaint, the Mayor and
Council shall pass a resolution ordering the Construction Official
of the Borough, the Fire Chief of the Borough, and the Inspector of
the Board of Health of the Borough to make an inspection of the building,
wall or structure to ascertain whether the same is or may become dangerous
to life or health or might tend to extend a conflagration.
[Ord. #169, S 3]
After the passage of the resolution, the Construction Official,
the Fire Chief and the Inspector of the Board of Health shall make
a complete inspection of the property designated in the resolution
and shall, under their names, report their findings in detail to the
Borough.
[Ord. # 169, S 4]
The Mayor and Council, upon receiving the report of the Construction
Official, the Fire Chief and the Board of Health Inspector, and by
the report it shall appear that such building, wall or structure is
or may become dangerous to life, health or might tend to extend a
conflagration or any of them, then the Mayor and Council shall thereupon
fix a date for a hearing upon the report. The Mayor and Council shall
thereupon cause a notice to be served upon the owner of the property
or any tenant thereof. The notice shall be served upon the person
personally, and if they are not residents in the Borough then by mailing
a copy of the notice upon the property which is the subject matter
of the hearing. The notice shall be served in the manner aforesaid
at least 30 days before the date of hearing. The notice shall state
the time and place of the hearing and shall also have attached thereto
a copy of the report of the Construction Official, Fire Chief, the
Board of Health Inspector, and shall also contain a further notice
that the persons upon whom the notice shall be served shall remove
or destroy the building, wall or structure before the date of the
hearing or present proper evidence at the meeting that the report
aforesaid is contrary to the actual facts.
[Ord. #169, S 5]
At the hearing, if it is shown to the satisfaction of the Mayor
and Council that the report of the Construction Official, Fire Chief
and Inspector of the Board of Health is true and that the building,
wall or structure is or may become dangerous to life or health or
might tend to extend a conflagration, then in that event the Mayor
and Council shall pass a resolution declaring that the building, wall
or structure is or may become dangerous to life or health or might
tend to extend a conflagration or any of them, may be removed or destroyed
and the Mayor and Council of the Borough may immediately thereafter
proceed to enter in upon the property and remove and destroy the building,
wall or structure.
[Ord. #169, S 6]
The cost and expense of the removing or destroying of the building,
wall or structure which may be incurred by the Borough in doing the
work shall be chargeable against the owners of the property, and they
may proceed to collect the same in the usual manner prescribed by
law.
[Ord. #152]
Whereas, there is a great danger to the general public of the
Borough where there may be located on vacant land unprotected open
wells or excavations of a depth of more than three (3') feet which
have been made for cellars later abandoned or other excavations of
a depth of more than three (3') feet whereby any person going upon
the property without knowledge of the existence of such unprotected
open well, the excavation for cellars later abandoned or other excavations
may become seriously injured and even result in the loss of life,
especially where the excavation may be filled or partly filled with
water which might result in drowning. In any excavation there often
results the collection of stagnant water constituting mosquito breeding
areas and other dangerous health conditions.
[Ord. #152, S 1]
Hereafter any unprotected open wells, or excavations of a depth
of more than three feet which have been made for cellars and later
abandoned or other excavations of a depth of more than three (3')
feet on vacant land be and the same are hereby declared to be a public
nuisance.
[Ord. #152, S 2]
Where any complaint is made to the Mayor and Council of the
Borough as to any existing unprotected open wells, or excavations
of a depth of more than three (3') feet which have been made for cellars
later abandoned or other excavations of a depth of more than three
(3') feet on vacant land, the Mayor and Council shall order an investigation
made of such unprotected open well, or the excavation by the Health
Officer and the Construction Official of the Borough and a report
of the investigation shall be made within 10 days. If the report shows
that there is an unprotected open well, or excavation of a depth of
more than three (3') feet which has been made for a cellar and later
abandoned or other excavation of a depth of more than three (3') feet
on vacant land and the same is prohibited by the provisions of this
section, then the Mayor and Council shall forthwith declare that a
public nuisance exists and shall direct a notice to the owner of the
property that the unprotected open well, excavation of a depth of
more than three (3') feet which has been made for a cellar and later
abandoned or other excavation of a depth of more than three (3') feet
on vacant land shall be filled or else properly covered and protected
so that there will be no danger of anyone falling into the same, and
that the same should be done within 10 days or show cause at the next
regular meeting of the Mayor and Council as to why the same should
not be done and upon failure to do the same, the same shall constitute
a violation of this section.
[Ord. #152, S 3]
Any person convicted of such violation shall be subject to a penalty as established in Chapter
1, Section
1-5 of this Code.
[Ord. #0-94-3, S 1]
a. Each parcel of real estate which contains a structure and abuts or
borders upon the public streets in the Borough shall be numbered.
b. Each parcel shall be known and designated by the number assigned
by the local U.S. Post Office.
[Ord. #0-94-3, S 2]
a. The owner of every dwelling house, store or other building which
now fronts upon a public street on which the proper number is not
now placed shall cause the proper number to be legibly placed on such
dwelling house, store, other buildings, on the premises, or on a freestanding
mailbox. All existing buildings must be appropriately numbered within
90 days of the adoption of this section.
b. The number shall be legibly placed in figures or words in some substantial
manner in a conspicuous place on the premises or on the front part
of such dwelling house, store, other building, or on a freestanding
mailbox so as to be plainly visible from the abutting curb line. Numbers
shall be at least three (3") inches in height.
[Ord. #0-94-3, S 3]
a. The owner of every dwelling house, store or other building that may
be erected shall cause the proper number as assigned by the local
U.S. Post Office to be legibly placed on such dwelling house, store,
other building, on the premises, or on a freestanding mailbox within
30 days after it has been erected.
b. The number shall be legible placed in figures or words in some substantial
manner in a conspicuous place on the premises or on the front part
of such dwelling house, store, other building, or on a freestanding
mailbox so as to be plainly visible from the abutting curb line. Numbers
shall be at least three (3") inches in height.
[Ord. #0-94-3, S 4]
All numerals shall be Arabic (examples: 1 or 27; and not I or
XXVII).
[Ord. #0-94-3, S 5]
This section shall be enforced by the Code Enforcement Officer.
[Ord. #0-94-3, S 6]
Any person convicted of a violation of any of the provisions
of this section shall be liable for a penalty not exceeding $25.
[Ord. #O-99-11]
The fees charged for electrical permits are hereby set at 100%
of the figures set forth in the DCA State fee schedule. This rate
structure shall continue in full force and effect, and be applied
to any changes in the DCA schedule, until the same is amended by subsequent
ordinance.
[Ord. # O-04-3, S 1]
PROPANE CYLINDER
Shall mean a D.O.T. cylinder which is filled at a central
location, but not on site.
PROPANE TANK
Shall mean an A.S.M.E. container, regardless of size, which
is filled on site.
[Ord. # O-04-3, S 2]
New or replacement propane tanks up to 20 gallons in capacity
may be installed above or below ground on residential properties.
New or replacement propane tanks having a capacity of over 20 gallons,
or a combination of tanks and cylinders totaling over 60 gallons in
capacity, must be installed below ground on residential properties.
[Ord. # O-04-3, S 3]
Prior to installing any propane tank over 20 gallons in capacity,
or any group of propane tanks which total over 60 gallons in capacity,
the property owner shall obtain a permit from the Construction Department.
[Ord. # O-04-3, S 4]
The top of any propane tank installed above ground shall not
be more than four (4') feet above grade.
[Ord. # O-04-3, S 5]
a. Propane tanks may only be installed in the rear yard of a residential property. "Rear yard," for purposes of this section, is defined in Section
18-3.
b. Any propane tank or cylinder having a capacity of over 20 gallons
may not be installed within fifteen (15') feet of a rear or side property
line, nor may it be installed outside the area projected by extending
the sides of the home to the rear property line.
c. Any propane tank or cylinder having a capacity of over 20 gallons
may not be located within ten (10') feet of the rear of any residential
dwelling, or within ten (10') feet of any electrical source of ignition
or direct-vent appliance.
[Ord. # O-04-3, S 6]
Propane tanks, used for gas grills or otherwise, which individually
have a capacity of 20 gallons or less, and do not exceed 60 gallons
in total capacity, shall be exempt from this section.
[Ord. # O-04-3, S 7]
a. Violations of this section may be enforced by the Zoning Officer,
Construction Official, Construction Subcode Official, Fire Official,
or Plumbing Subcode Official.
b. Any violations of this section shall be subject to the penalties set forth in Section
1-5.
[Added 12-18-2019 by Ord. No. O-19-11]
A commercial certificate of occupancy (hereafter “CCO”)
shall be required for any change of tenancy or change in occupancy
of any commercial or industrial building or part thereof.
The owner or agent of the commercial or industrial building,
or part thereof, or tenant is responsible for submitting an approved
zoning permit or Land Use Board approval resolution with the required
application and fees in accordance with this section.
The new owner, or tenant, of the premises about to be newly
occupied, or their respective agents, shall apply to the Fire Official
of the Borough of West Long Branch for a commercial certificate of
occupancy (CCO), and shall supply, as necessary, information on said
application, all facts relating to the nature of the new owner's or
tenant's business, occupation, or industry, such formed to be determined
by the Fire Official.
Providing there are no violations of law or orders of the construction
office or Fire Official, and in consultation with the Zoning Officer,
the Fire Official shall inspect the premises and, if there are no
violations or outstanding zoning or building department permits, shall
issue a CCO within 10 business days of the application having been
filed, unless a certificate of continued occupancy is required.
The Borough shall charge nonrefundable fees for a CCO as follows:
a. Commercial
or industrial buildings or parts thereof: $100.
b. If a reinspection
is necessary, there shall be a reinspection fee charged of $50 for
each reinspection.
c. Payment
of fees shall be made at the time the application is submitted, and
prior to the Borough official making any inspection.
The issuing officer for CCOs in the Borough of West Long Branch
shall be the Fire Official or his designee, if the designee has been
approved by the governing body.
This section repeals any currently existing ordinances, to the
extent of any inconsistency with the terms herein.
This section shall take effect on January 1, 2020, or the date
of it being published in accordance with the law, whichever is later.
[Added 12-6-2023 by Ord. No. O-23-19]
[Added 12-6-2023 by Ord. No. O-23-19]
Each owner or his/its representative who applies for a Certificate
of Occupancy for a rental property shall obtain a lead-free certification
from an approved third party. The inspections and lead-free certifications
will not be provided by the Borough.
[Added 12-6-2023 by Ord. No. O-23-19]
In addition to the fees required to obtain a Certificate of
Occupancy, the applicant shall pay an additional $20, which fee shall
be passed through to the New Jersey Department of Community Affairs,
Division of Housing and Community Resources.
[Added 12-6-2023 by Ord. No. O-23-19]
Any exemptions for the obtaining of a lead-free certification
or the payment of the fee, which are set forth in state law, shall
apply to any applicant for a Certificate of Occupancy in West Long
Branch.
[Added 12-6-2023 by Ord. No. O-23-19]
This section shall become effective immediately upon passage
and publication according to law.