Editor's Note: Prior ordinance history includes portions
of Ordinances Nos. 68-10, 85-34, 87-28, 89-37, 91-10, 91-21, 91-25,
91-36, 95-9, 96-05, 96-32, 97-11, 98-28, 99-10, 6-03, and 30-2005.
[Ord. #14-2008 § 1]
a.
There is hereby established in the Township, a State Uniform Construction
Code Enforcing Agency to be known as the Department of Inspections,
consisting of a Construction Code Official, Building Subcode Official,
Plumbing Subcode Official, Fire Protection Subcode Official, Electrical
Subcode Official, Elevator Subcode Official, and such other 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. Any reorganization of positions, or the opening
lines of authority between dispersed personnel and different agencies,
or any other interdepartmental dispute as to functions and duties
is delegated to the Township Manager.
b.
Each official position created in Subsection a., hereof shall be
filled by a person qualified for such position pursuant to P.L. 1975,
c. 217, as amended and N.J.A.C..
5:23, provided that, in lieu of any particular subcode official, an
on-site inspection agency may be retained by contract pursuant to
N.J.A.C.. 5:23. More than one such official position may be held by
the same person, provided that such person is qualified pursuant to
P.L. 1975, c.217 and N.J.A.C. 5:23 to hold each 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.
d.
The Township, Scotch Plains-Fanwood Board of Education, County of
Union and Union County School Board of Education may be exempt from
the payment of any permit, training, or inspection fees for which
they might otherwise be liable under the State Uniform Construction
Code for any permit requiring a review for educational adequacy at
the discretion of the Mayor and Council.
e.
Fees shall be rounded up to the nearest dollar amount as provided
in this chapter.
[Ord. #14-2008 § 1]
a.
The governing body of each county shall, by resolution, establish
a Construction Board of Appeals that shall exercise its functions
in accordance with this chapter.
b.
The governing body of any municipality that has its own local enforcing
agency may, by ordinance, establish a Construction Board of Appeals.
Any such Board shall exercise its functions in accordance with this
chapter.
c.
The governing bodies of two or more municipalities that have established
a joint enforcing agency may, pursuant to an interlocal agreement
approved by ordinances of all participating municipalities, establish
a Joint Construction Board of Appeals. Any such Board shall exercise
its functions in accordance with this chapter.
d.
Copies of all such resolutions, ordinances and interlocal agreements
shall be filed with the governing bodies of the Bureau of Regulatory
Affairs of the Division of Codes and Standards.
e.
In any municipality in which a municipal or Joint Construction Board
of Appeals has been established, the County Board of Appeals shall
only exercise jurisdiction in cases arising under P.L. 1005 c.54.
f.
A municipality that either establishes or discontinues a municipal
Construction Board of Appeals, or either joins or discontinues participation
in a joint municipal Board shall give prompt notice of such action
to the County governing body, the County Construction Board of Appeals
and the Bureau of Regulatory Affairs of the Division of Codes and
Standards. In the absence of a municipal or joint municipal Board
having jurisdiction, all appeals from a municipality shall be heard
by the County Board.
g.
The appointing authority shall annually designate one regular member
of the Board to serve as chairperson and another regular member of
the Board to serve as vice-chairperson. The vice-chairperson shall
serve as chairperson in the event of the absence or disqualification
of the chairperson.
[Ord. #14-2008 § 1]
a.
Every Construction Board of Appeals shall include five regular members.
1.
Regular members shall be appointed for a term of four years by the
appointing authority of the county or municipality in question or
in the case of a Joint Municipal Board, by means mutually determined
by the governing bodies of such municipalities.
2.
For the members first appointed, the appointing authority shall designate
the appointees' terms so that one shall be appointed for a term of
one year, one for a term of two years, one for a term of three years,
and two for a term of four years.
3.
Vacancies on the Board shall be filled for the unexpired term.
4.
Members may be removed by the authority appointing them for cause.
5.
A person may serve on more than one Construction Board of Appeals.
6.
Unless otherwise provided by county or municipal resolution or ordinance,
as the case may be, a Board member shall not be required to be a resident
of the county or municipality in which the Board exercises jurisdiction.
7.
No more than two regular members of any Board shall be members of
the same profession or occupation.
b.
Qualifications for regular members shall be as follows:
1.
At least one regular member shall be qualified as a Plumbing Subcode
Official.
2.
At least one regular member shall be qualified as an Electrical Subcode
Official.
3.
At least one regular member shall be a registered architect, or licensed
professional engineer with building construction experience, or other
person as qualified as a Building Subcode Official.
4.
At least one regular member shall be qualified as a Fire Subcode
Official.
5.
At least one regular member shall be qualified as a Fire Official.
c.
The requirements of Subsection b above shall not be construed as requiring that there be a separate regular member in each of the qualification categories set forth in Subsection b1 through 5. One regular member may satisfy these requirements with regard to more than one such qualification category.
d.
A Construction Board of Appeals shall also include at least five
alternate members.
1.
Alternate members shall be appointed to staggered terms, in the same
manner as the initial appointment or regular members.
2.
Alternate members shall be so chosen so that there will be at least
one alternate member in each qualification category set forth in Subsection
b1 through 5 above.
3.
When a regular member of the Board is absent, the alternate member
in the same qualification category shall serve in that regular member's
place, provided, however, that any alternate member who is qualified
as an Elevator Subcode Official shall serve in the place of any absent
regular member in any case involving the Elevator Safety Subcode,
if there is no other regular member of the Board present who is qualified
as an Elevator Subcode Official.
4.
If a regular member of the Board is absent or, the alternate member
in the same qualification categories set for in Subsection b1 through
5 above is absent, or if a regular member and an alternate member,
who are both in the same qualification category, are absent and the
appeal does not involve that qualification category, or if another
regular member is present who meets the requirements of the same qualification
category as does the regular member who is absent, the chairperson
of the Board shall determine which alternate member shall vote in
the place of the absent regular member.
5.
Alternate Board members shall have the right to participate in all
Board deliberations, but shall not vote unless serving in the place
of a regular member.
e.
Each County Construction Board of Appeals shall also include two
special members, one of whom shall be a licensed professional engineer
with municipal site improvement construction experience and one of
whom shall be a builder. The special members shall be appointed for
four year terms and shall serve as additional members of the Board
only in cases involving appeals of municipal fees pursuant to P.L.
1995, c. 54.
1.
Alternates may be appointed for the special members in the same manner,
and subject to the same qualification requirements, as the special
members.
f.
Each regular, alternate or special member shall be qualified by experience or training, to perform the duties of a member of the Board. In the case of regular and alternate members, regardless of whether they are in one of the qualification categories set forth in Subsection b1 through 5 above, such qualification shall be no less than that which is required of a Construction or Subcode Official under Subsection 8b of the State Uniform Construction Code Act (N.J.A.C. 52:27D-126, Subsection b), provided, however, that Board members shall not be required to hold Construction Code licensure.
g.
Whenever a change to this chapter is made that affects the composition
of Construction Board of Appeals, the appointing authority shall only
implement the change when the term of any affected member(s) expires.
This provision shall also apply in any case in which the adoption
of this chapter affects the composition of a Construction Board of
Appeals.
h.
The Board chairperson shall annually provide the Bureau of Regulatory
Affairs of the Division of Codes and Standards with a list of the
names and addresses of the regular, alternate, and special members
of the Board and of the Board secretary and any other contact person.
Such information shall be updated whenever a change occurs.
i.
The regular and alternate Board members shall serve without compensation.
j.
The Construction Board of Appeals application fee shall be $100.
[Ord. #14-2008 § 1; Ord. #12-2010, §§ I,
II; Ord. #22-2010; Ord. #2011-12; Ord. #2013-5; amended 8-13-2019 by Ord. No. 2019-19]
a.
Township Fees.
1.
Plan review fee: The fee for plan review shall be 20% of the amount to be charged for a new construction permit, except that elevator device plan review shall be as in Subsection k below.
2.
Fees for new construction are as follows:
(a)
For new construction and additions, the fees are based on volume
in cubic feet. The fee shall be $0.075 per cubic foot. The minimum
fee shall be $300 for use R-5 and $500 for all other use groups.
(b)
Fees for new construction shall be based upon the volume of
the structure. Volume shall be computed in accordance with N.J.A.C.
5:23-2.28. The new construction fee shall be in the amount of .075
per cubic foot of volume for buildings and structures of all use groups
and types of construction.
(c)
Fees for renovations, alterations and repairs shall be based
upon the estimated cost of the work. The fee shall be in the amount
of $50 per $1,000 with a minimum fee of $100. For the purpose of determining
estimated cost, the applicant shall submit to the Township, such cost
data as may be available by the architect or engineer of record, or
by a recognized estimating firm, or by the contractor. A bona fide
contractor's bid, if available, shall be estimated. The Township shall
make the final decision regarding estimated cost.
(d)
Fees for additions shall be computed on the same basis as for
new construction for the added portion.
(e)
Fees for combination renovations, additions and heating devices not in conjunction with the primary heating source, which include but are not limited to, fireplaces, zero-clearance fireplaces, wood burning stoves and the like, shall compute as the sum of the fees computed separately in accordance with Subsection a2(c) and (d) above.
(f)
The fee for tents, in excess of 900 square feet, or more than
30 feet in dimension shall be $250.
b.
Plumbing Fixtures and Equipment. The fees shall be as follows:
1.
The fee shall be in the amount of $35 per fixture connected to the
plumbing system for all fixtures and appliances and central-air-conditioned
units.
2.
The fee shall be in the amount of $200 per special device for the
following: grease traps, oil separators, water-cooled air-conditioning
units, refrigeration units, sewer pumps, and interceptors.
3.
The fee for domestic water heaters shall be in the amount of $100
unless in conjunction with a permit whereas the fee shall be $50.
Scotch Plains residents over 62 years of age will have this $100 water
heater fee waived.
4.
The fee for furnaces and oil burners shall be in the amount of $150.
5.
Backwash discharge and pool heaters for all pools shall be $75.
6.
Trap primer shall be $50.
7.
Humidifiers: $50.
8.
The fee for fuel oil piping shall be $75 per connected device.
[Amended 6-15-2021 by Ord. No. 2021-10]
9.
The fee for gas piping shall be in the amount of $75 per connected
device.
[Amended 6-15-2021 by Ord. No. 2021-10]
10.
The fee for back flow preventers shall be in the amount of $150 unless
the device is less than 1 1/4 inches in size, whereas the fee
shall be $50.
11.
Sewer capping, water line capping shall be $200.
12.
The sewer construction permit or repair fee shall be $500 plus street opening permit (See Chapter 15).
13.
The septic system permit or repair fee shall be $500.
c.
Electrical Fixtures and Devices. The fees shall be as follows:
1.
From 1 to 50 receptacles or fixtures, the fee shall be in the amount
of $100. For each 25 receptacles or fixtures in addition to this,
the fee shall be in the amount of $50. For the purpose of computing
this fee, receptacles or fixtures shall include lighting outlets,
wall switches, fluorescent fixtures, convenience receptacle or similar
fixture, and motors or devices of less than one horsepower or kilowatt.
2.
One-half horsepower to 10 horsepower: $50.
3.
Ten and one-tenth (10.1) horsepower to 25 horsepower: $75.
4.
Twenty-five and one-tenth (25.1) horsepower to 50 horsepower: $100.
5.
Fifty and one-tenth (50.1) horsepower to 75 horsepower: $125.
6.
Seventy-five and one-tenth (75.1) horsepower to 100 horsepower: $150.
7.
One hundred and one-tenth (100.1) horsepower and larger: $500.
9.
Low Voltage Service Equipment.
(b)
Alarms, all other use groups: $125 up to 25 contacts; additional
contacts shall be charged at a rate of $40 for each additional 25
contacts or fraction of the same.
(c)
Data: One to 50: $100; each additional 25 connections, $50.
(d)
High voltage service, minimum fee: $800.
(e)
For photovoltaic systems, the fee shall be based on the designated
kilowatt rating of the solar photovoltaic system as follows, as well
as the number of Arrays, fixtures/devices and panels.
10.
Service and Subpanels.
(a)
Service boxes, service entrance, subpanels, panels or the relocation
of panels and sub-panels and/or repairs of such items shall be subject
to the following fees:
(1)
For service panels and/or repair, not over 100 amps, the fee
shall be $100 including the installation of up to 10 fixtures or receptacles.
(2)
From 100 amps to 150 amps the fee shall be $125, including the
installation of up to 10 fixtures or receptacles.
(3)
From 151 amps to 200 amps the fee shall be $150, including the
installation of up to 10 fixtures or receptacles.
(4)
From 201 amps to 1,000 amps the fee shall be $400 including
the installation of up to 10 fixtures or receptacles.
(5)
Over 1,001 amps the fee shall be $1,000 and shall include the
installation of up to 10 fixtures or receptacles.
11.
Additional electrical fees.
(a)
The fee for central air-conditioning shall be in the amount
of $100.
(b)
The fee for burglar alarms and intercom panels shall be in the
telephone and low voltage wiring in the amount of $75.
(c)
The fee for whirlpool motors shall be $50 each.
(d)
The fee for electric water heaters shall be $50 each. Scotch
Plains residents over age 62 shall have this electric water heater
fee waived.
(e)
The fee for baseboard heat shall be $50 per device.
(f)
The fee for motors shall be in the amount of $50 each and shall
include the following: heat pumps, miscellaneous, pumps and motors
used for heating systems (forced air, hot water boilers, furnaces)
of fractional horsepower.
(g)
The fee for light standards shall be $75 each.
(h)
Pool filter motors: shall be in the amount of $50 each.
(i)
Range: shall be in the amount of $50.
(j)
Oven: shall be in the amount of $50.
(k)
Surface unit: shall be in the amount of $50.
(l)
Dishwasher: shall be in the amount of $50.
(m)
Garbage disposal: shall be in the amount of. $50.
(n)
Dryer: shall be in the amount of $50.
(o)
Pool lights: shall be in the amount of $50.
(p)
Underground conduit or direct buried cable trenches: $50 up
to 50 feet, and then additional $25 for each additional 50 feet.
(q)
The fee for electric bonding of all pools, hot tubs and spas
shall be in the amount of $100.
(r)
Electric grid bonding for all pools, hot tubs and spas shall
be in the amount of $50.
d.
Non-Use Lapse of Permits and Refunds.
1.
No refund will be given after 30 days of issuance of a permit. Prior
to the 30 days of issuance, a 20% cost of the permit paid will be
held for plan review at the discretion of the Construction Code Official.
2.
In the event a permit shall lapse by reason of time, the fee upon
application for renewal of a lapsed permit shall be the minimum fee
of $1,000.
e.
Certificates and Other Permits.
1.
Demolition and escrow.
(a)
The fee for a demolition permit for all one- and two-family
residential dwellings shall be $2,000.
(b)
The escrow fee to be posted and held by the Township for one-
and two-family residential structures shall be $1,000.
(c)
The fee for demolition for all other nonresidential structures
shall be $2,000.
(d)
The escrow fee to be posted and held by the Township for all
other structures shall be $2,000.
(e)
The fee for all other types of residential accessory structures,
such as, but not limited to, above-surface tanks, decks, sheds, swimming
pools (both in-ground and aboveground) and the required removal of
underground storage tanks (UST) defined to include any type of underground
storage vessel, man-made or manufactured, that contains any metal
for the purpose of holding, storing, or containing any products for
fuel oil or sewerage, or anything else that shall be removed in accordance
with the current provisions shall be $100.
[Amended 2-25-2020 by Ord. No. 2020-1]
(1)
Exception: This provision does not apply to drainage systems
used exclusively for site retention or detention.
[Added 2-25-2020 by Ord.
No. 2020-1]
2.
The fee for a permit to construct a sign shall be as follows:
(a)
Facade signs shall be $4 to $6 per square foot.
(b)
Fees for freestanding signs shall be $6 per square foot for
the first 100 square feet, $4.75 per square foot for the next 400
square feet and $3.50 per square foot thereafter.
(c)
Fees for ground signs or wall signs shall be $3 per square foot
for the first 100 square feet, $1.50 per square foot for the next
400 square feet and $1 per square foot thereafter.
(d)
The minimum fee shall be $100 for all signs.
3.
The fee for a certificate of occupancy shall be in the amount often
10% of the construction permit fee that would be charged by the Township
pursuant to these regulations. The minimum fee shall be $200 except
for one- or two-family (Use Group R-5 of the Building Subcode) structures
of less than 5,000 square feet in area and less than 35 feet in height,
shall be $150.
4.
The fee for construction of a swimming pool shall be as follows:
f.
Fire Protection and Other Hazardous Equipment: Sprinklers, standpipe,
detectors (smoke and heat) pre-engineered suppression systems, gas
and oil fired appliances not connected to the plumbing system, kitchen
Exhaust systems, incinerators and crematoriums.
1.
Sprinkler heads.
(a)
The fee for 20 or fewer heads shall be $100.
(b)
The fee for 21 to and including 100 heads the fee shall be $150.
(c)
For 101 to and including 200 heads the fee shall be $300.
(d)
For 201 to and including 400 heads the fee shall be $1,000.
(e)
For 401 to and including 1,000 heads the fee shall be $1,500.
(f)
For over 1,000 heads the fee shall be $2,000.
3.
The fee for each standpipe shall be $250.
4.
The fee for installation of oil tanks shall be $100.
5.
The fee for a chimney liner is $100.
6.
The fee for installation of fuel and/or diesel tanks shall be $1,000.
7.
The fee for each independent pre-engineered system shall be $125.
8.
The fee for each gas- or oil-fired appliance that is not connected
to the plumbing system shall be $100.
9.
The fee for each kitchen exhaust system shall be $75 residential
and $150 commercial.
10.
The fee for each incinerator shall be $365.
11.
The fee for each crematorium shall be $365.
12.
For cross-connections and backflow preventers that are subject to
testing, requiring reinspection every three months, the fee shall
be $75 for each device when they are tested (thrice annually) and
$200 for each device when they are broken down and tested (once annually).
g.
The fee for plan review of a building for compliance under the alternate
systems and nondepletable energy source provisions of the energy subcode
shall be:
h.
Variations.
1.
The fee for an application for a variation in accordance with N.J.A.C.
5:23-2.10 shall be $821 for Class I structures and $120 for Class
II and III structures.
2.
The fee
for resubmission of an application for a variation shall be $230 for
Class I structures and $168 for Class II and III structures.
3.
No variations from the requirements of this subsection shall be made
except upon written approval from the administrative authority having
jurisdiction, after receiving a recommendation in writing from the
asbestos safety control monitor firm. Any variation shall be consistent
with N.J.A.C. 5:23-2 and the intent of this chapter.
4.
The fee for an application for a variation for occupancy shall be
$432 and shall be paid by check or money order, payable to the "Treasurer,
State of New Jersey."
i.
Asbestos Fees (N.J.A.C. 5:23-8.9.
1.
The administrative authority having jurisdiction who issues the construction
permit and the certificate of occupancy for an asbestos hazard abatement
project shall establish, by regulation or ordinance, the following
flat fee schedule.
k.
Fees for the periodic departmental reinspection of equipment and
facilities granted a certificate of approval for a specified duration
in accordance with N.J.A.C. 5:23-2.23 shall be as follows:
1.
For elevators, escalators and moving walks requiring installation
and reinspection, the fees shall be as follows:
(b)
(f)
Acceptance Inspections:
(2)
Hydraulic elevators: $220 each.
(3)
Roped hydraulic elevators: $250 each.
(4)
Escalators/moving walks: $220 each.
(5)
Dumbwaiters: $60 each.
(6)
Stair lifts: $60 each.
(7)
Wheelchair lifts: $60 each.
(8)
Man lifts: $60 each.
(9)
Elevator devices in Use Group R3 or R4: $160 each.
(10)
Alterations: $60 each.
l.
Penalties. Penalties may be levied by an enforcing agency as follows:
1.
Up to $1,000 per violation for failure or refusal to comply with
any lawful order, unless the failure or refusal to comply is done
with the knowledge that it will endanger the life or safety of any
person, in which case the penalty shall be up to $2,000 per violation;
2.
Up to $2,000 per violation for failure to obtain a required permit
prior to commencing construction or for allowing a building to be
occupied without a certificate of occupancy;
3.
Up to $2,000 per violation for failure to comply with a stop construction
order;
4.
Up to $2,000 per violation for willfully making a false or misleading
written statement, or willfully omitting any required information
or statement in any application or request for approval;
5.
Up to $500 per violation for any violation not covered under Subsection
l1 through 4 above.
6.
For purposes of this subsection, in an occupied building, a code
violation involving fire safety, structural soundness or the malfunctioning
of mechanical equipment that would pose a life safety hazard shall
be deemed to endanger the life or safety of a person. In an unoccupied
building, a code violation of a requirement intended to protect members
of the public who are walking by the property shall be deemed to endanger
the life or safety of a person.
7.
All monies collected shall be collected under penalty provision of
the UCC. All penalties collected shall be retained by the Department
of Inspections and shall be placed in a special trust fund to be applied
to the cost to the department for training, technical support programs,
certification, new equipment and transportation. An independent fund
shall be set up and retained by the Director of Finance to be the
Trustee of this account.
m.
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 subcode.
Managers, engineers and clerical 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.
One to 25 workers (including foreman) shall be $993/worker. Each
additional worker over 25 workers shall be $329/worker.
2.
Prior to the issuance of the annual permit, a training registration
fee of $196 per subcode shall be submitted by the applicant to the
Department of Community Affairs, Construction Code Element, Training
Section, along with a copy of the Construction Permit (Form F-170).
Checks shall be made payable to "Treasurer, State of New Jersey."
n.
General Provisions.
1.
Receipt of a fully completed application for a permit, signed by
the applicant, is a prerequisite for issuance and to conduct inspections.
2.
All fees set forth herein shall cover the cost of two inspections
made on any one application.
3.
Each additional inspection on any one application shall require a
minimum re-inspection fee of $75.
4.
An authorized representative of the applicant, as well as the licensed
contractors representative (plumbing and electric subcodes) shall
be present at the work site for each inspection to be made.
5.
After-working hours or Saturday inspections may be scheduled at the
discretion of the inspector. The charge shall be $100 per hour with
a two-hour minimum in addition to the fees set forth in this chapter.
Payments shall be made payable to the Township of Scotch Plains.
6.
The estimated cost (value) of work for any subcode shall include
all costs associated with the project, (N.J.A.C. 5:23-2.14). The costs
shall include all labor, materials and contractors profit. The amounts
entered on the permit application forms are subject to review by the
Construction Official, who may approve or modify them as necessary
using the latest addition of the Means Cost Data Guide.
7.
The Construction Official shall, with the advice of the subcode officials,
prepare and submit to the Township 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 State Uniform Construction Code Act.
8.
In order to provide for their training, certification, and technical
support programs required by the Uniform Construction Code Act and
the regulations, the enforcing agency shall collect, in addition to
the fees specified above, a surcharge fee of $0.00371 per cubic foot
of volume of new construction (new buildings and additions) and a
surcharge fee of $1.90 per $1,000 times the cost of the alteration.
[Amended 6-15-2021 by Ord. No. 2021-10]
9.
The fee of $64 per hour or part thereof shall be charged for all
plan review revisions. Said fee shall be remitted to the Township
of Scotch Plains at the time of the revision. No revision shall be
released until payment is received by the Township.
10.
All fees associated with handicap accessibility for use group R-5
(single-family dwelling) shall be waived by the Township. The fees
associated shall be documented by a statement from a medical professional
stating that the installation of equipment is for a medical need and
or purpose associated with an occupant of the dwelling in question.
11.
Newly constructed residential units that are to be legally restricted
to occupancy by households of low or moderate income shall be exempted
from the fees set forth in plan review and fees for new construction
and otherwise payable to the Township of Scotch Plains.
12.
In the event the Department of Community Affairs determines the need
to add, increase, or delete, any of the aforementioned fees, the fee
schedule for the Department of Inspections for the Township of Scotch
Plains shall be automatically adopted and the new fees be implemented
accordingly, and published in the official Township newspaper.
13.
In the event that there exist any outstanding permits at the time a smoke detector certification is applied for under Subsection 2-20.31 of this Code, an additional fee of $50 shall be charged by the Township to cover administrative costs associated with the closing and final disposition of such outstanding subcodes and permits.
[Amended 6-15-2021 by Ord. No. 2021-10]
14.
A fee of $50 shall be charged for a change of contractor. This administrative
fee shall be charged whenever a change of contractor occurs during
the course of an open permit and the Township has to adjust its records
to identify the change of contractor.
15.
All fees collected as outline above shall be collected in conformance
with N.J.A.C. 5:23-4.17(c)
[Ord. #10-2009 § I]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Township
of Scotch Plains as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. #10-2009 § II]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the test of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
a.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) — Shall mean a
conveyance or system of conveyances (including roads with drainage
systems, municipal street, catch basins, curbs, gutters, ditches,
man-made channels, or storm drains) that is owned or operated by the
Township of Scotch Plains, or other public body, and is designated
and used for collecting and conveying stormwater.
b.
PERSON — Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
c.
STORM DRAIN INLET — Shall mean an opening in a storm drain
used to collect stormwater runoff and includes, but is not limited
to, a grate inlet, curb-opening inlet, slotted inlet and combination
inlet.
d.
WATERS OF THE STATE — Shall mean the ocean and its estuaries,
all springs, streams and bodies of surface or groundwater, whether
natural or artificial, within the boundaries of the State of New Jersey
or subject to its jurisdiction.
[Ord. #10-2009 § III]
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
[Ord. #10-2009 § IV]
Storm drain inlets identified in Subsection 8-2.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets, for purposes of this subsection, "solid and floatable materials" means sediment, debris, trash and other floating, suspended or settleable solids. For exemptions to the standard see Subsection 8-2.4 below.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
c.
This standard does not apply:
1.
Where the municipal engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
78:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. #10-2009 § V]
This section shall be enforced by the Building Inspector of
the Township of Scotch Plains.
[Ord. #10-2009 § VI]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $25 for each
storm drain inlet that is not retrofitted to meet the design standard.
[Added 7-24-2018 by Ord. No. 2018-23]
It is the intent of this chapter to protect and preserve the
public health, safety and welfare and security and quiet enjoyment
of residents and neighborhoods by:
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When consistent with the context, words used in the present tense
include the future, words in the plural include the singular, and
words in the singular include the plural. The word "shall" is always
mandatory and not merely directory.
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for the purposes of this chapter. For
purposes of this chapter, a creditor shall not include the State,
a political subdivision of the State, a State, county, or local government
entity or their agent or assignee, such as the servicer.
[Amended 12-13-2022 by Ord. No. 2022-34]
Consecutive calendar days.
The process by which property, placed as security for a real
estate loan, is prepared for sale to satisfy the debt if the borrower
defaults.
Any real estate, or portion thereof, located in the Township
of Union, including any improvements thereon.
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
Measures taken to ensure that the property is inaccessible
to unauthorized persons.
The Township of Scotch Plains
[Amended 12-13-2022 by Ord. No. 2022-34]
With regard to any property, that no portion of the property
is legally occupied. A property shall not be deemed "vacant," for
purposes of this chapter where:
There is a building on the property containing multiple units,
if any of the units are legally occupied;
The legal occupant has temporarily left the property for vacation
or other purposes for a period not exceeding 180 days, possessing
both the intent to return and the legal right to return, such as a
residential property owner or tenant who resides in another municipality
or state for a portion of the year; or
The building is under construction with current valid construction
permits, and work is being performed on the property on a regular
basis.
A property shall be deemed vacant where any residential or commercial
building, which is not legally occupied by a mortgagor or tenant,
is in such condition that it cannot be legally reoccupied, and where
at least at least two of the following conditions exist:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owner due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by the municipal
authorities declaring the property to be unfit for occupancy and to
remain vacant and unoccupied;
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property;
Any other reasonable indicia of abandonment.
a.
All owners of vacant property must register such vacant properties
with the Construction Code Official or his designee within 14 days
of such property becoming vacant. The registration must be renewed
annually as set forth below for as long as the property remains vacant.
b.
Owners of vacant properties shall designate an individual or property
management company responsible for the security and maintenance of
the property. If the owner is located out-of-state, the owner must
appoint an in-state representative or agent to be responsible for
the security and maintenance of the property.
[Amended 12-13-2022 by Ord. No. 2022-34]
c.
The registration required by this section must contain the following
information:
1.
The owner's name, telephone number, and mailing address. The mailing
address may not be a post office box.
2.
The street address and Tax Map designation (lot and block) of the
property.
3.
Whether the property is residential, nonresidential, or mixed- use.
4.
The name, telephone number, and mailing address of an individual
or property management company responsible for the security and maintenance
of the property. The mailing address may not be a post office box.
5.
Certification that the property was inspected as required by this
chapter.
6.
Proof of utility (gas, electric, water) connections or disconnections.
7.
Proof of insurance meeting the requirements of § 36-6c
of this chapter.
d.
The owner shall have a continuing duty to notify the Township of
any changes to the information contained in the registration.
e.
The Construction Code Official or his designee may promulgate forms
on which the information in the registration must be provided.
f.
The owner must notify the Construction Code Official or his designee
if, at any time subsequent to registration as a vacant property, the
property is no longer vacant and provide proof that the property is
no longer vacant.
a.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on property in this Township, including but not limited
to residential property, shall, within 10 days of serving the summons
and complaint, file a registration with the Construction Code Official
or his designee. The registration must be renewed as set forth below
until title to the property has been transferred to a new owner or
the foreclosure action is dismissed. A creditor who takes title to
a vacant property shall then be required to register as an owner of
such vacant property and to renew such registration for as long as
the property remains vacant.
b.
If the property is vacant, the creditor must designate an individual
or property management company responsible for the security and maintenance
of the property. If the creditor is located out-of-state, the creditor
must appoint an in-state representative or agent to be responsible
for the security and maintenance of the property.
[Amended 12-13-2022 by Ord. No. 2022-34]
c.
The registration shall contain the following information:
1.
The creditor's name, telephone number, and mailing address. The mailing
address may not be a post office box.
2.
Foreclosure summons and complaint docket number. The street address
and Tax Map designation (lot and block) of the property for which
foreclosure has been sought.
[Amended 12-13-2022 by Ord. No. 2022-34]
3.
Whether the property is residential, nonresidential, or mixed-use.
4.
The name, telephone number, and mailing address of a designated representative
of the creditor who is responsible for receiving complaints of property
maintenance and code violations for that property. The mailing address
may not be a post office box. If the creditor is located out-of-state,
the name, telephone number and mailing address of the designated in-state
representative or agent for the property.
[Amended 12-13-2022 by Ord. No. 2022-34]
5.
If the property is vacant, the name, telephone number, and mailing
address of an individual or property management company responsible
for the security and maintenance of the property. The mailing address
may not be a post office box.
6.
If the property is vacant, certification that the property was inspected
as required by this chapter.
7.
If the property is vacant, proof of utility (gas, electric, water)
connections or disconnections.
8.
If the property is vacant, proof of insurance meeting the requirements
of § 36-6c of this chapter.
d.
The creditor shall have a continuing duty to notify the Township
of any changes to the information contained in the registration.
e.
The Construction Code Official or his designee may promulgate forms
on which the information in the registration must be provided.
f.
Once the foreclosure action has terminated, either through dismissal
or transfer of title, the creditor must provide proof of such termination,
sale, transfer or occupancy to the enforcement authority within 30
days of sale, transfer or occupancy.
[Amended 12-13-2022 by Ord. No. 2022-34]
a.
The initial registration fee for each abandoned property shall be
$1,000. The fee for a second year renewal shall be $2,000, and $3,000
for each subsequent year thereafter.
b.
If the property is required to be registered because of a summons and complaint action to foreclose was filed by the creditor, the fee shall be $500. If the property is vacant or abandoned pursuant to § 8-3.2 when the summons and complaint in an action to foreclose is filed or becomes vacant and abandoned at any time thereafter while the property is in foreclosure, an additional fee of $2,000 shall be assessed.
a.
Properties subject to the requirements of this chapter must be maintained
in accordance with all the applicable federal, state and local laws,
rules and regulations. The owner, creditor, local individual or local
property management company, as appropriate, must inspect the property
twice a month for the duration of the vacancy or foreclosure as appropriate.
b.
In addition to and not in lieu of meeting all other applicable federal,
state, and local laws, rules, and regulations:
1.
Properties subject to the requirements of this chapter shall be kept
free of accumulated snow and ice, weeds, dry brush, dead vegetation,
trash, junk, debris, building materials, unregistered vehicles, any
accumulation of newspapers, circulars, flyers, notices (except those
required by law), and discarded personal items, including but not
limited to furniture, clothing, large and small appliances, printed
material or any other items giving the appearance that the property
is vacant.
2.
Properties subject to the requirements of this chapter shall be maintained
free of graffiti, tagging, or similar markings. In the event that
any graffiti, tagging, or similar markings are placed on the property,
it/they shall either be removed or painted over with an exterior-grade
paint matching the color of the portion of the structure where the
graffiti, tagging, or similar marking was placed.
3.
Front yards, rear yards, and side yards of properties subject to
the requirements of this chapter shall be landscaped and maintained
to neighborhood standards. Landscaping and maintenance shall include,
but is not limited to, care of grass, mulch, decorative rock, artificial
turf/sod specifically designed for residential or commercial installation,
or other ground cover, bushes, shrubs, hedges, trees, or similar plantings,
removal or repair of gravel, broken concrete, asphalt, decomposed
granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar
material, in addition to regular watering, irrigation, cutting, pruning
and mowing of required vegetation and removal of all trimmings.
4.
Any pool, spa, or other standing body of water shall either be kept
in working order so the water remains clear and free of growth, pollutants,
and debris and does not become a harborage for vermin or insects,
or drained and kept dry. In either case, properties with pools or
spas must comply with the security fencing requirements of the Township.
c.
The owner of any vacant property shall acquire and maintain liability
insurance covering injury or damage to any person or any property
in not less than $300,000 for residential buildings and $1,000,000
for nonresidential buildings or property.
d.
The property owner shall be responsible for property maintenance.
However, if the owner of a property vacates or abandons any property
on which a foreclosure proceeding has been initiated or if a property
is or becomes vacant at the time of or at any point subsequent to
the creditor's filing the summons and complaint in an action to foreclose
on a mortgage against the subject property, but prior to vesting of
title in the creditor or any other third party, and the property is
found to be a nuisance or in violation of any applicable state or
local code, the enforcement authority shall notify the creditor, which
shall have the responsibility to abate the nuisance or correct the
violation in the same manner and to the same extent as the title owner
of the property, to such standard or specification as may be required
by state law or Township ordinance. The enforcement authority shall
include a description of the conditions that gave rise to the violation
with the notice of violation and shall provide a period of no more
than 30 days for the creditor to remedy the violation and, if the
violation presents an imminent threat to public health, safety or
welfare, shall provide a period of no more than 10 days for the creditor
to remedy the violation. If the creditor fails to remedy the violation
within that time period, the Township may impose the penalties allowed
for the violation of municipal ordinances pursuant to N.J.A.C. 40:49-5
against the creditor to the same extent as they could be imposed against
the owner of the property.
e.
Adherence to this chapter does not relieve the owner or creditor
of obligations set forth in any other statute, regulation, ordinance,
or other source of authority or obligation.
The enforcement authority shall have the authority to inspect
properties subject to this section for compliance and to issue summonses
for any violations.
Enforcement authority shall be vested in the Building Department,
the Construction Code Official, and his respective inspectors. The
Scotch Plains Police Department, the Department of Public Works and
the Health Officer and his respective inspectors shall also have enforcement
authority with respect to this section.
[Amended 12-13-2022 by Ord. No. 2022-34]
a.
Any owner who is not in full compliance with this section or who
otherwise violates any provision of this section or of the rules and
regulations issued hereunder shall be subject to a fine of not less
than $500 and not more than $2,500. Every day that a violation continues
shall constitute a separate and distinct offense. A out-of-state creditor
who fails to appoint an in-state representative or agent pursuant
to § 13-3.5(a) shall be subject to a fine of $2,500 for
each day of the violation. Fines assessed under this section shall
be recoverable from the owner and shall be a lien on the property.
b.
A violation found by the Municipal Court of the Township or any other
court of competent jurisdiction, excluding paragraph a. of this subsection,
shall be subject to a fine of $1,500 for each day of the violation.
Any fines imposed shall commence 31 days following receipt of the
notice of violation; except if the violation presents an imminent
risk to public health and safety, in which case any fines shall commence
11 days following receipt of said notice.
Nothing contained herein shall prevent the Township from taking
action to abate a nuisance or correct a violation where the owner
or creditor, as applicable, has failed to abate the nuisance or correct
the violation on a vacant property or a property in foreclosure after
notice and the opportunity to abate or correct. In such situations,
the Township may impose a lien against the property for costs to correct
the violation or abate the nuisance. Such lien shall hereafter form
part of the taxes next to be assessed and levied upon said lands,
the same to bear interest at the same rate as such taxes to be collected
and enforced by the same officers and in the same manner as such taxes.
No governmental entity shall be required to register under this
chapter.
