Attachment 1 - Building Fee Schedules Use Groups A-1, A-2, A-3, A-4, A-5, B, E, H-1, H-2, H-3, H-4, H-5, I-1, I-2, I-3, I-4, M, R-1, R-2, R-4.
Attachment 2 - Building Fee Schedule Use Groups R-3, R-5Attachment 3 - Building Fee Schedule Use Groups F-1, F-2, S-1, S-2Attachment 4 - Building Fee Schedule Use Groups CFB, UAttachment 5 - Fire Protection Fee Schedule.Attachment 6 - Plumbing Fee ScheduleAttachment 7 - Electrical Fee Schedule
Attachment 2 - Building Fee Schedule Use Groups R-3, R-5Attachment 3 - Building Fee Schedule Use Groups F-1, F-2, S-1, S-2Attachment 4 - Building Fee Schedule Use Groups CFB, UAttachment 5 - Fire Protection Fee Schedule.Attachment 6 - Plumbing Fee ScheduleAttachment 7 - Electrical Fee Schedule[1977 Code § 64-1]
a.
There is hereby established in the Township a State Uniform Construction
Office consisting of a Construction Official, Building Subcode Official,
Plumbing Subcode Official, Electrical 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 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. 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. The location shall be the Municipal
Building, Route 537, Cream Ridge, Upper Freehold Township, New Jersey.
[Ord. No. 145-04; Ord. No. 230-09; Ord. No.
245-11]
Subsections 11-1.3, Construction Permit Fees, 11-1.4, Fire Subcode Fees, 11-1.5, Plumbing Fees and 11-1.6, Electrical Fees were amended in their entirety by Ordinance No. 145-04 and further amended by Ordinance No. 230-09 and 245-11. All fees may be found on the following schedules.[1]
Note: Fee Schedules are included as attachments to this chapter.
[1]
Editor's Note: Prior ordinance history includes portions of
1977 Code Section 64-3 and Ordinance Nos. 7-7-77, 10-80, 6-81, 3-84,
2-86, 6-88, 10-93, 1-94, 8-95, 30-97, 50-99 and 101-02.
Use Groups: A-1, A-2, A-3, A-4, A-5, B, E, H-1, H-2, H-3, H-4,
H-5, I-1, I-2, I-3, I-4, M, R-1, R-2, R-4.
Note: Building Fee Schedule is included as an attachment to
this chapter.
Use Groups: R-3, R-5.
Note: Building Fee Schedule is included as an attachment to
this chapter.
Use Groups: F-1, F-2, S-1, S-2.
Note: Building Fee Schedule is included as an attachment to
this chapter.
Use Groups: CFB, U.
Note: Building Fee Schedule is included as an attachment to
this chapter.
Note: Fire Protection Fee Schedule is included as an attachment
to this chapter.
Note: Plumbing Fee Schedule is included as an attachment to
this chapter.
Note: Electrical Fee Schedule is included as an attachment to
this chapter.
[1977 Code § 64-4; Ord. No. 10-1993]
a.
The Construction Official shall, with the advice of the subcode officials,
prepare and submit to the Township Committee, annually, 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 State Uniform Construction Code Act.
b.
Surcharge Fees.
1.
See subsection 11-1.3m. The surcharge fee shall be remitted to the
Bureau of Housing Inspection, Department of Community Affairs, on
a quarterly basis for the fiscal quarters ending September 30, December
31, March 31 and June 30 and not later than one month succeeding the
end of the quarter for which it is due.
2.
The Enforcing Agency shall report annually at the end of each fiscal
year to the Bureau of Housing Inspection, and not later than July
31, the total amount of the surcharge fee collected in the fiscal
year.
[1977 Code § 64-6; Ord. No. 112-03]
After the foundations are completed and before framing can begin,
the location of same must be approved by the Construction Official
before further construction proceeds. No approval of the foundation
of a building or structure shall be given by the Construction Official
unless and until an accurate survey showing the actual physical location
of such foundation on the lot shall be presented to and filed with
the Construction Official and found by him to conform in all respects
to the requirements and provisions of the Zoning Ordinance[1] and/or any conditions of the Planning Board and/or Zoning
Board of Adjustment applicable thereto. All location surveys shall
be made by a licensed land surveyor of the State of New Jersey and
shall bear his signature and seal, and this surveyor shall install
permanent corner markers on the lot.
[1977 Code § 60-1]
As used in this section:
Shall mean any building or structure or part thereof, whether
used for human habitation or otherwise, and includes any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interest of record in a building and any who are in actual
possession thereof.
Shall mean any officer in charge of any department or branch
of the government of the Township relating to health, fire, building
regulations or to other activities concerning buildings in the municipality.
Shall mean the Health Officer of the Township, who is hereby
authorized to exercise the powers prescribed by this section.
[1977 Code § 60-2]
The Health Officer of the Township is hereby designated as the
Public Officer to enforce this section and exercise all the powers
conferred upon him hereby and by the Act pursuant to which this section
is passed.
[1977 Code § 60-10]
The Health Officer may exercise such powers as may be necessary
or convenient to carry out and effectuate the purposes and provisions
of this section, including the following powers in addition to others
herein granted:
a.
To investigate the building conditions in the Township in order to
determine which buildings therein are unfit for human habitation or
occupancy or use.
b.
To administer oaths and 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 deems necessary to carry out the purposes of this section.
e.
To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
[1977 Code § 60-8]
The Health Officer may determine that a building is unfit for
human habitation or occupancy or use if he finds that conditions exist
in such building which are dangerous or injurious to the health or
safety of the occupants of such building, the occupants of neighboring
buildings or other residents of such municipality. Such conditions
may include the following without limiting the generality of the foregoing:
defects therein increasing the hazards of fire, accident or other
calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation; disrepair; structural defects; and uncleanliness.
[1977 Code § 60-9]
Complaints or orders issued by the Health Officer pursuant to
this section shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the Public Officer in the exercise
of reasonable diligence and the Public Officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once each week for two
successive weeks in a newspaper printed and published in the municipality
or, in the absence of such newspaper, in one printed and published
in the County and circulating in the Township. A copy of such complaint
or order shall be posted in a conspicuous place on premises affected
by the complaint or order. A copy of such complaint or order shall
be duly recorded and lodged for record with the County Recording Officer
in which the building is located.
[1977 Code § 60-3]
Whenever a petition is filed with the Health Officer by a public
authority, or by at least five residents of the Township charging
that any building is unfit for human habitation or whenever it appears
to the Health Officer on his own motion that any building is unfit
for human habitation, the Health Officer shall, if his preliminary
investigation discloses a basis for such charges, issue and cause
to be served upon the owners of and parties in interest in such buildings
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the Health Officer at a place therein
fixed not less than 10 days nor more than 30 days after the serving
of the complaint. 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. The rules of evidence prevailing in courts of law or equity
shall not be controlling in hearings before the Health Officer.
[1977 Code § 60-4]
If after such notice and hearing the Health Officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state in writing his findings of fact
in support of such determination and shall issue and cause to be served
upon the owner thereof and parties in interest an order 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, 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.
[1977 Code § 60-5]
If the owner fails to comply with an order to repair, alter
or improve or, at the option of the owner, to vacate and close the
building, the Health Officer may cause such building to be repaired,
altered or improved or to be vacated and closed, and the Health 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."
[1977 Code § 60-6]
If the owner fails to comply with an order to remove or demolish
the building, the Health Officer may cause such building to be removed
or demolished or may contract for the removal or demolition thereof
after advertisement for and receipt of bids.
[1977 Code § 60-7]
a.
The amount of the cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of
any proceeding taken under this section determined in favor of the
municipality and such cost of such repairs, alterations or improvements
or vacating and closing or removal or demolition, if any, or the amount
of the balance remaining after deduction of the sum, if any realized
from the sale of materials derived from such building or from any
contract for removal or demolition shall be a municipal lien against
the real property upon which such cost was incurred. If the building
is removed or demolished by the Public Officer, he shall sell the
materials of such building. There shall be credited against the cost
of the removal or demolition the proceeds of any sale of such materials
or any sum derived from any contract for the removal or demolition
of the building. If there are no such credits or if the sum total
of such costs exceeds the total of such credits, a detailed statement
of the aforesaid costs and the amount so due shall be filed with the
Municipal Tax Assessor or other custodian of the records of tax liens
and a copy shall be forwarded to the owner by registered mail. If
the total of the credits exceeds such costs, the balance remaining
shall be deposited in the Superior Court by the Public Officer, shall
be secured in such manner as may be directed by such Court and shall
be disbursed according to the order or judgment of the Court to the
persons found to be entitled thereto by final order or judgment of
such Court; provided, however, that nothing in this 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.
b.
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.
[1977 Code § 78-1; Ord. No. 112-03]
The Health Officer of the Township and the Code Enforcement
Officer are hereby designated as the officer to exercise the powers
prescribed by this section, and they shall serve in such capacity
without any additional salary.
[1977 Code § 78-2]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the New Jersey
State Housing Code, as approved by the Departments of Health and Conservation
and Economic Development and filed in the Secretary of State's office,
is hereby accepted, adopted and established as a standard to be used
as a guide in determining whether dwellings in this municipality are
safe, sanitary and fit for human habitation and rental. Three copies
of the New Jersey State Housing Code have been placed on file in the
office of the Township Clerk and are available to all persons desiring
to use and examine the same.
[1977 Code § 78-3]
a.
The Health Officer and the Code Enforcement Officer are hereby authorized
and directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the Township
in order that they may perform their duties of safeguarding the health
and safety of the occupants of dwellings and of the general public.
For the purpose of making such inspections, the Health Officer or
the Code Enforcement Officer are hereby authorized to enter, examine
and survey at all reasonable times all dwellings, dwelling units,
rooming units and premises. The owner or occupant of every dwelling,
dwelling unit and rooming unit, or the person in charge thereof, shall
give the Health Officer or Code Enforcement Officer free access to
such dwelling, dwelling unit or rooming unit and its premises at all
reasonable times for the purpose of such inspection, examination and
survey.
b.
Every occupant of a dwelling or dwelling unit shall give the owner
or his agent or employee access to any part of such dwelling or dwelling
unit or its premises at all reasonable times for the purpose of making
such repairs or alterations as are necessary to effect compliance
with the provisions of this chapter or with any lawful order issued
pursuant to the provisions of this section.
[1977 Code § 78-4; Ord. No. 112-03]
a.
Whenever the Health Officer or Code Enforcement Officer 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 or persons responsible therefor as hereinafter provided.
Such notice shall be put in writing, include a statement of the reasons
why it is being issued, allow a reasonable time for the performance
of any act it requires and be served upon the owner or his agent or
the occupant, as the case may require, provided that such notice shall
be deemed to be properly served upon such owner or agent or upon such
occupant if a copy is served upon him personally or if a copy is sent
by registered mail to his last known address or if a copy is posted
in a conspicuous place in or about the dwelling affected by the notice
or if he is served with such notice by any other method authorized
or required under the laws of this State. Such notice may contain
an outline of remedial action which, if taken, will effect compliance
with the provisions of this section and with the rules and regulations
adopted pursuant thereto.
b.
Any person affected by any notice which has been issued in connection
with the enforcement of any provisions 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 Health Officer or Code Enforcement
Officer, provided that such person shall file in the office of the
Township Clerk a written petition requesting such hearing and setting
forth a brief statement of the grounds therefor within 10 days after
the day the notice was served. Upon receipt of such petition, the
Health Officer or Code Enforcement Officer shall set a time and place
for such hearing and shall give the petitioner written notice. 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 day on which the
petition was filed, provided that, upon application of the petitioner,
the Health Officer or Code Enforcement Officer may postpone the date
of the hearing for a reasonable time beyond such ten-day period if,
in his judgment, the petitioner has submitted a good and sufficient
reason for such postponement. After such hearing, the Health Officer
or Code Enforcement Officer shall sustain, modify or withdraw the
notice 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. If the Health Officer or Code Enforcement
Officer sustains or modifies such notice, it shall be deemed to be
an order.
c.
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 Township Clerk within 10 days after such notice is served.
The proceedings at such hearing, including the findings and decision
of the Health Officer or Code Enforcement Officer, shall be summarized,
reduced to writing and entered as a matter of public record in the
office of the Township Clerk. Such record shall also include a copy
of every notice or order issued in connection with the matter. Any
person aggrieved by the decision of the Health Officer or Code Enforcement
Officer may seek relief in any court of competent jurisdiction, as
provided by the laws of the State. Whenever the Health Officer or
Code Enforcement Officer finds that an emergency exists which requires
immediate action to protect the public health or safety, he may, without
notice or hearing, issue an order reciting the existence of such an
emergency and requiring that such action be taken as he 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 immediately, but upon petition
to the Health Officer or Code Enforcement Officer 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 Health Officer or Code Enforcement Officer shall continue
such order in effect or modify it or revoke it.
[1977 Code § 78-5]
The Health Officer or Code Enforcement Officer is hereby authorized
and empowered to make and adopt such written rules and regulations
as he may deem necessary for the proper enforcement of the provisions
of this section; provided, however, that such rules and regulations
shall not be in conflict with the provisions of this section nor in
anywise alter, amend or supersede any of the provisions thereof. The
Health Officer or Code Enforcement Officer shall file a certified
copy of all rules and regulations which he may adopt in his office
and in the office of the Township Clerk.
[1977 Code § 78-6; Ord. No. 112-03]
No person shall occupy as owner or occupant or rent to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the New Jersey
State Housing Code established hereby as the standard to be used in
determining whether a dwelling is safe, sanitary and fit for human
habitation prior to the issuance of a Certificate of Occupancy.
[Ord. No. 229-09 § 6]
A Certificate of Occupancy is required for the resale or rental
of residential property previously issued a Certificate of Occupancy
upon initial occupation of the residence. An applicant is required
to submit an application for the re-sale or rental of residential
property along with a $100 inspection fee to the Construction Office
of the Township.
An appointment is scheduled with the Housing Inspector. The
applicant must call Freehold Area Health Department (Upper Freehold
Township's contracted Health Department) to schedule a visual inspection
of their septic system (if applicable).
The applicant is required to have their well water (if home
is well water serviced) tested by a State certified laboratory, the
results of which are to be submitted to the Freehold Area Health Department.
Upon approval of the septic system inspection and well water
results, the Freehold Area Health Department will issue a Certificate
of Compliance.
Once the Housing Inspector concludes that there are no violations
of the Housing Code, or same have been completed and/or corrected,
and is in receipt of the Certificate of Compliance from Freehold Area
Health Department, the Housing Inspector shall issue a Certificate
of Occupancy for the resale or rental of the residential property.
[1977 Code § 78-7; Ord. No. 112-03]
[Ord. No. 17-1993]
All residences and improvements wherein members of the public
reside or do business, including single family dwellings, stores (and
commercial or industrial buildings) and buildings within the Township
shall display appropriate identifying street numbers in conformance
with the street numbers assigned by the municipality and set forth
on the official records of the Emergency Management Coordinator (and
on file in the Office of the Township Tax Assessor).
[Ord. No. 17-1993 § 2]
Street numbers as assigned and placed on such maps as apply
to Emergency Management and the records of the Township and allocated
to the owner of each lot shall be utilized forthwith. All property
owners shall comply with all ordinances and rules and regulations
with respect to the street numbers and the requirements of the Township
and other governmental entities related thereto. The Emergency Management
Coordinator or such other person as may be designated by the Township
Committee shall also have the power and duty to correct any errors
with respect to assignment of street numbers.
[Ord. No. 17-1993 § 3]
The Emergency Management Coordinator (with the input when necessary
of the Tax Assessor) and such other persons as may be designated by
resolution of the Township Committee shall also be responsible for
assigning proper street number sequences to each lot which is created
as a result of a subdivision or re-subdivision pursuant to the land
use regulations of the Township. (If the Township Engineer becomes
involved with respect to same, the payment for any professional services
and costs and disbursements incurred by the Engineer in assigning
these numbers shall be payable pursuant to the escrow regulations
of the Township with respect to applications for land development
before the Zoning Board of Adjustment or the Planning Board.) Such
numbers shall be placed in proper municipal sequence in relation to
the number assigned to other lots fronting on the same street and
shall be properly recorded.
[Ord. No. 17-1993 § 4]
a.
The street numbers to be displayed for each building shall be visible
from the street on the improved premises in question and otherwise
separately mounted in an approved manner upon the face of a wall or
upon a post in the front yard of the premises. Same shall be sufficiently
legible as to contrasting background arrangement, space and uniformity
so as to be clearly visible from the street both night and day and
reflective or illuminated numbers are required. The numbers shall
be so placed that trees, shrubs and other obstructions do not block
the line of sight of the numbers from the center of the street (and
the property owner shall be responsible for maintaining same and the
line of sight). The numbers shall be mounted at a height between four
feet and 10 feet above the street and adjacent grade.
b.
If the house or building has a setback location of greater than 50
feet, then the owner, occupant or lessee shall also provide a post,
rod or other type of fixture of a substantial nature including a mailbox
with the number affixed thereon and so located on the premises near
where the driveway enters the street so that the numbers shall be
conspicuous and visible from both directions of the street upon which
the building fronts and comply with all provisions of this section.
[Ord. No. 17-1993 § 5]
It shall be the obligation of the property owner and the occupant
to provide the numbers as indicated as assigned by the Township and
the provisions of this section. Enforcement of this section shall
be by the Code Enforcement Officer and Office of Emergency Management
or appropriate law enforcement officer. Any person who violates any
of the provisions of this section shall, upon conviction, be punishable
by a fine of not more than $25 in the discretion of the Court. A second
or subsequent conviction shall be punishable by a fine of not less
than $50 nor more than $200 in the discretion of the Court.
[1]
Editor's Note: 2000 Edition of the International Mechanical
Code, effective December 19, 2001 is applicable to this section.
[1977 Code § 97-1]
It shall be unlawful to use any portable or movable stove or
appliance using kerosene or other liquid fuel to heat any premises
used as a dwelling or store.
[1977 Code § 97-2]
All stoves or appliances burning kerosene or other liquid fuel
used for space heating shall be vented by connection with a masonry
chimney or metal vent pipe having a proper regulator or damper for
venting fumes, and the fuel supply shall be in a self-contained reservoir
or closed tank connected to the stove or appliance by metal piping.
[1977 Code § 97-3]
The Construction Official is hereby designated as the Township
official responsible for the enforcement of the provisions of this
section. The Construction Official may enter upon lands and into buildings
in the Township for the purpose of inspection of flues, chimneys,
space heaters and the storage of liquid fuel and installations and
facilities in connection therewith.
[1977 Code § 97-4]
Installation, maintenance or use of equipment or facilities
which, by reason of type, installation or place of use, constitutes
a fire or explosion hazard endangering the lives of persons and property
constitutes a nuisance.
[1977 Code § 97-5]
Whenever the Construction Official discovers a nuisance as described in subsection 11-5.4, notice in writing shall be given to the owner of the premises to remove or abate the same within the time specified in such notice, which shall be not less than seven days from the date of service. A duplicate of the notice shall be left with a tenant or occupant of the premises, if any. If the owner resides outside the State, the notice shall be given by mail and provide additional time for compliance, and a duplicate of the notice shall be left with a tenant or occupant or posted on the premises.
[1977 Code § 97-6; Ord. No. 112-03]
Any person who refuses to permit the authorized representative of the Township to enter upon the premises and make inspections in accordance with subsection 11-5.3 or who continues to use any equipment or facilities declared to be a nuisance pursuant to this section without complying with the provisions of the notice given shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
