Township of Belleville, NJ Building and Housing

For new construction $0.038 cubic foot of building or structure volume, provided that the minimum fee shall be $85.

For renovations, alterations and repairs, $28 per $1,000 of estimate cost of the work provided that the minimum fee shall be $85.

Retaining walls — a retaining wall with a surface area

Greater than 550 square feet Class 3 residential structure shall have a flat fee	$200
Surface area of 550 square feet or less with Class 3 residential structure	$125
Newly constructed retaining wall of any size at other than a Class 3 residential structure shall be based on the cost of the construction.

For additions, $0.038 per cubic feet of building or structure volume for the added portion, provided that the minimum fee shall be $85.

Pools - In-ground - fee shall be: $200.

Above-ground - Fee shall be: $100.

Antenna and dish antenna - fee shall be: $40 per antenna.

The fee for plan review shall be 25% 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 charge for the construction permit.

The fee for a permit for demolition of a building or structure shall be:

For an industrial building	$600
For a residential one- and two-family home	$300
For a residential garage and sheds	$150
For all other use group R structures	$500
For all structures other than use group R or U:
(1) Up to 10,000 square feet	$600
(2) From 10,001 square feet to 20,000 square feet	$800
(3) Over 20,000 square feet	$2,000
(4) Partial demolition	$100

The fee for a permit for the removal of a building or structure from one lot to another or to a new location on the same lot shall be $25 per $1,000 of the sum of the estimated costs for moving, for new foundation computed fees shall be based on $20 per thousand. The minimum fee shall be $85.

The fee for a permit to construct a sign shall be $1 per square foot of the surface area of the sign, provided that the minimum fee shall be $85. In the case of double-faced sign, the area of the surface of only one side of the sign shall be used for purpose of the fee computation.

The fee for pylon sign shall be $5 per square foot

The fee for ground signs or wall signs shall be $3 per square foot — minimum two of $100.

(k)

Awning - canopy - fee shall be: $100.

(l)

Residential driveways: $75.

(m)

Inspection fees for Certificate of Occupancy for new construction alteration/renovation shall be as follows:

1-2 Unit dwelling	$150
3-10 Unit dwelling	$200
11-20 Unit dwelling	$250
21-40 Unit dwelling	$300
41-100 Unit dwelling	$350
Over 100 Unit dwelling	$400 + 20 per unit

Educational
0-5,000 square feet	$150
5,001-10,000 square feet	$200
10,001-20,000 square feet	$300
20,001 or more square feet	$400

Business, Factory, Mercantile, and Storage Buildings
0-5,000 square feet	$150
5,001-10,000 square feet	$200
10,001-20,000 square feet	$250
20,001 or more square feet	$350

Assembly
A-1	$300
A-2	$300
A-3	$350
A-4	$350
A-5	$400

Institutional
I-1	$100
I-2	$200
I-3	$200
I-4	$200

High Hazard
H-1	$500
H-2	$350
H-3	$300
H-4	$200

(n)

The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be: $549.

(o)

Certificate of Occupancy change of use: $100.

(p)

The fee for a Temporary Certificate of Occupancy shall be: $30.

The fee for the first issuance and the renewal of a Temporary Certificate of Occupancy shall not exceed: $30.

Exception: There shall be no fee for the first issuance of the Temporary Certificate of Occupancy provided the Certificate of Occupancy fee is paid at that time.

(q)

Zoning Permit: $50.

(r)

The fee for all commercial, industrial and general business for a Certificate of Occupancy shall be: (change of ownership): $150.

(s)

It will be the responsibility of all commercial, industrial and general business property owners to notify prospective tenants to obtain a Certificate of Occupancy for their proposed uses prior to opening. A fine of no less than $100 for each occupancy.

(t)

The fee for a permit for installation of an elevator shall be: $200.

(u)

The fee for a temporary structure (tents, etc.) shall be: $75.

(v)

The fee for the installation of storage or utility shed accessory to R-3 and R-4 structures shall be: $85.

(w)

Amendment a change of plan that already has been released: $50 p/h; Minimum of: $50.

Plumbing Subcode Fees:

The plumbing subcode fee shall be $15 per plumbing fixtures, device and plumbing stack to be installed, provided that the minimum fee shall be $50.

Sewer line, curb to building:

Single and two-family dwelling: $75.

Commercial, industrial and apartments: $100.

Water service line curb to building:

Single and two-family dwelling: $75.

Commercial, industrial and apartments: $120.

Hot water heaters: $50.

Tankless heaters: $50.

For inspection of cross connection: $50.

For fire line or sprinkler system: $150.

For inspection of all gas appliances: $30.

For water or sewer repair: $75.

Generators-oil or gas system: $75.

Refrigeration system: $30.

(k)

Air condition systems:

Commercial: $85.

Residential: $90.

Solar systems: $90.

Incinerators - gas: $75.

(n)

Crematories - gas: $75.

(o)

Forced air furnace: $90.

(p)

Grease traps: $90.

(q)

The fee for a permit for installation of:

Oil burner shall be (burner only): $50.

Back flow preventer: $90.

Steam boilers: $90.

(4)

Hot water boilers: $90.

(5)

Commercial boilers: $90.

(6)

Yearly review of backflow devices (must be certified) testable ones: $90.

(7)

Condensate lines - 2 unit @ 12 x 2 =: $24.

(8)

Oil lines: $15.

(9)

HVAC residential: $125.

(10)

HVAC Commercial: $150.

(11)

Sump/Sewer pumps: $90.

(12)

Oil separators: $90.

(13)

Refrigerator Units: $90.

(14)

Utility Service Connection: $90.

Electrical Subcode Fees.

Minimum fee per application: $50.

Wiring, outlets and fixtures. All switches, lighting fixtures and receptacles shall be counted as outlets:

1 to 6 outlets: $50.

7 to 50 outlets or fractions thereof add: $50.

for each additional 25 outlets or fraction thereof: $10

Appliance or motor wiring dwelling only:

Heating, cooling, cooking equipment, pumps, dryer, water heaters, less than

10 kW outlet for single unit: $50.

For each additional unit: $7

For each unit over 10 kW: $75

Service entrance, panels - feeders:

For each service entrance or service panel less than or equal to 200 amp: $65.

For each service entrance or panel greater than 200 amp and less than 1,000 amp: $100

For each service entrance, service panel or sub panel greater than 1,000 amp: $457.

(4)

For each service with over three meters: add $7.

Motors, motor controls, transformers, heating, AC units, generators, or other electrical devices and switches:

For each motor, transformer or other device less than 1 HP or kW: $7.

For each motor or electrical device greater than 1 HP or and less than or equal to 10 HP or kW: $10.

For each motor or electrical device greater than 10 HP or kW: $65.

(4)

For each motor or electrical service greater than 50 HP or kW and less than or equal to 100 HP or 112.5 kW: $120.

(5)

For each motor or electrical device greater than 100 HP or 112.5 kW: $92.

Over 112.5 kW: $500

Storable swimming pools: Above ground swimming pools with a maximum diameter of 18 feet and maximum height of 42 inches with a double insulated filter pump and cord with grounding cap and no light, a ground fault interrupter receptacle shall be required.

The fee shall be: $75

All other above ground pools exceeding the above dimensions shall be wired the same as an in-ground pool and the fee shall be the same as an inground pool.

In-ground pools and spas: The fee for pool bonding, pool wiring with one filter motor, one receptacle and one light, motor, or other equipment the fee shall apply to indoor or outdoor pool or spa: $100.

Hydromassage tubes (Jacuzzi or others) the fee for each unit: $30.

Fire alarms and smoke detectors:

For installing from one to 10 units and control panel: $100.

For each additional device (for each additional unit): $10

Residential smoke alarms, 1-5 units

1 to 12 detectors: $100

Additional units, each: $10

(k)

Signs.

Incandescent or fluorescent apply outlet fees divided by 4

Neon signs zero to 10 amps: $30

Over 10 amps add $5 for each additional amp Minimum fee shall be: $30.

(l)

Telephone, data processing or intercoms:

Minimum fee shall be $30 apply for special fee

(m)

Reinspection or reinspection of current:

Charge in relation to supervision - Not less than: $30.

For any equipment not previously approved, the schedule covering classification shall apply.

Primary transformers, vaults, enclosures, sub-stations and transformers:

Not over 200 Kva	$50
200 to 500 Kva	$75
500 to 1,000 Kva	$100
Over 1,000 Kva	$325

(n)

Temporary and decorative displays. Temporary installations and decorative displays for not over 60 days, apply 50% of fee schedule for permanent work.

No charge less than: $50

(o)

Special service and/or conditions not provided for in this schedule, apply for fee for weekends or holidays and after regular hours inspections.

Fire Subcode Fees:

Fire protections and other hazardous equipment, sprinklers, standpipes, pre- engineered suppression systems, gas and oil fired appliances not connected to the plumbing systems, kitchen exhaust systems.

The fee shall be:

For 20 or fewer heads	$150
For 21 to including 100 heads the fee shall be	$200
For 101 to and including 200 heads the fee shall be	$300
For 201 to and including 400 heads the fee shall be	$650
For 401 to and including 1,000 the fee shall be	$900
For over 1,000 heads the fee shall be	$1,000

The fee for each standpipe shall be: $350.

The fee for each independent pre-engineered suppression system shall be: $150.

CO Suppression, Halon Suppression Foam Suppression, Dry Chemical, Wet Chemical, Kitchen hood exhaust

The fee for each kitchen exhaust system: $100

The fee for each gas or oil fired appliance that is not connected to the plumbing system shall be: $100.

The fee for each incinerator shall be: $500.

The fee for each crematorium shall be: $500.

Installations and removal of oil, gasoline and propane storage tanks and pumps the fee shall be per tank: $100.

Additional $25 for additional tank

For single and multiple station smoke or heat detectors and fire alarm systems in any one or two family dwellings, there shall be a flat fee of $100 per dwelling unit.

The fee for 1-12 detectors shall be: $100.

For each 25 detectors in addition to this shall be: $25.

Tanks:

Oil-gas and propane tanks - Installation and removal shall be:

Tank fill: $100

Installation-per tank: $125

Removal: $120

Additional Inspections.

For reported corrections of defects found in original installations (after second inspection and notice of corrections) charge minimum inspection fee of $30 for each additional inspection.

The fee for permit for lead hazard Abatement shall be: $150.

The fee for Lead Abatement Certificate shall be: $28.

The fee for Asbestos Hazard Abatement.

Permit fee: $75

Certificate of Clearance: $25

The fee for Radon Mitigation Work shall be: $100.

Fee for Variation: $300.

§ 12-1.4 Fire Limits.

[Ord. #1977]

Fire limits boundaries will be established pursuant to N.J.A.C. 5:23 after July 1, 1977.

§ 12-1.5 Bi-Annual Report of Fire Limits.

[Ord. #1977]

The construction official shall prepare and submit to the Township of Belleville biannually, a report re-evaluating the delineation of the fire limits. This report shall indicate the recommendations of the construction official, the building subcode official, and the fire subcode official regarding those areas which should be designated as within fire limits, with the reasons therefor.

§ 12-2 UNFIT DWELLINGS. [1]

[Ord. #1831]

[1]

Editor's Note: Refer also to section 12-13 of this chapter for additional regulations pertaining to Unsafe Buildings.

§ 12-2.1 Definitions; Determination of Unfitness.

[Ord. #1831 § 1]

All dwellings in the Township which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of adequate ventilation, light or sanitary facilities, or due to other conditions rendering such dwellings unsafe or unsanitary, or dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the Township residents shall be repaired, closed or demolished. "Dwelling," as used in this section, shall mean any building or structure, or part thereof, used and occupied for human habitation or intended to be so used, and includes any buildings or appurtenances belonging thereto or usually enjoyed therewith.

All commercial and industrial buildings, together with any structures or appurtenances belonging thereto located in the Township, which are dangerous to life or health or which might tend to extend a conflagration, shall be repaired, closed or demolished.

§ 12-2.2 Enforcing Officer.

[Ord. #1831 § 2]

The public officer of the Township who is hereby designated to exercise the powers prescribed herein shall be the building inspector.

§ 12-2.3 Service of Complaint; Hearing.

[Ord. #1831 § 4]

Whenever a petition is filed with the building inspector by a public authority or by at least five Township residents, charging that any dwelling is unfit for human habitation or any commercial or industrial building or structure is dangerous to life or health, or that such building or structure might tend to extend a conflagration, the building inspector shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building or structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the building inspector 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; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the building inspector.

§ 12-2.4 Order to Fix Dwelling.

[Ord. #1831 § 5]

If, after a notice and hearing the building inspector determines that the dwelling or other structure under consideration is unfit for human habitation, in the case of a dwelling, or is or may become dangerous to life or health or might tend to extend a conflagration, in the case of an industrial or commercial structure, 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:

If the repair, alteration, or improvement of the dwelling or other structure can be made at a cost which does not exceed 50% of the value of the building, the order shall require the owner within 90 days to repair, alter, or improve the building to the extent specified in the order.

If the repair, alteration, or improvement of the dwelling or other structure can only be made at a cost which exceeds 50% of the value of the building, the order shall require the owner within 90 days to remove or demolish the building.

If the owner has not removed or demolished the building within the aforesaid period of 90 days, the building inspector may file a complaint in the municipal court, charging the owner with failure to comply with this section.

In the event that the judge of the municipal court finds that the owner has violated this section, he may impose a penalty for such violation. This shall be a continuing violation and the building inspector is empowered to file additional complaints thereunder.

§ 12-2.5 Duties of Building Inspector.

[Ord. #1831 § 6]

The building inspector may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings, or other Township residents. Similarly, the building inspector may determine that a commercial or industrial building is unfit for use if he finds that conditions exist in such a building that are dangerous to life or health or might tend to extend a conflagration. 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, uncleanliness.

§ 12-2.6 Failure to Comply with Order.

[Ord. #1831 § 7]

If the owner fails to comply with an order to repair, remove, or demolish a dwelling, or a commercial or industrial building, the building inspector may cause such structure to be repaired, removed or demolished.

§ 12-2.7 Costs of Repairs to be Lien on Premises.

[Ord. #1831 § 8]

The amount of the costs of such repairs, alterations, or improvements, or of vacating and closing or removal or demolition, shall be a Township lien against the real property upon which such cost was incurred. If the dwelling or commercial or industrial building is removed or demolished by the building inspector, he shall sell the materials of such building and shall credit the proceeds of such sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the Chancery Court by the building inspector, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of such court; provided, that nothing in this subsection shall be construed to impair or limit in any way the power of the Township to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.

§ 12-2.8 Method of Service.

[Ord. #1831 § 9]

Complaints or orders issued by the building inspector shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the building inspector in the exercise of reasonable diligence, and the building inspector makes 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 Township, and a copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded or lodged for record with the Register of Deeds for Essex County.

§ 12-2.9 Powers of Building Inspector.

[Ord. #1831 § 10]

The building inspector is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of R.S. 40:48-2.3 to 40:48-2.12, in addition to the power herein granted, including the following powers:

To investigate the conditions of dwellings and commercial and industrial structures in the Township, in order to determine which dwellings therein are unfit for human habitation and which commercial and industrial structures are or may become dangerous to life or health, or which might tend to extend a conflagration;

To administer oaths, affirmations, examine witnesses, and receive evidence;

To enter upon premises for the purpose of making examinations, provided that same be made in such manner as to cause the least possible inconvenience to the persons in possession.

§ 12-2.10 Appeal.

[Ord. #1831 § 11]

Any person affected by an order of the building inspector may petition the Chancery Court for relief in accordance with R.S. 40:48-2.8. The remedies herein provided shall be exclusive remedies and no persons affected by an order of the building inspector shall be entitled to recover any damages for action taken pursuant to any order of the building inspector, or because of noncompliance by such person with any order of the building inspector.

§ 12-3 NUMBERING OF LOTS.

[Ord. #576]

§ 12-3.1 Conformity Required.

[Ord. #576 § 1; Ord. No. 3357]

The numbers of all buildings and lots within the Township shall correspond with the street numbers on the tax maps of the Township filed in the office of the tax assessor, and all property owners shall number their buildings in conformity with the street numbers as designated on the tax maps.

§ 12-3.2 Required.

[Ord. #576 § 2; Ord. No. 3357]

No owner of any building erected in the Township shall fail to number his building in conformity with the street numbers designated on the Township tax maps.

§ 12-3.3 Penalty.

[Ord. No. 3357]

Any person who violates or fails or refuses to comply with this section shall be liable to a penalty of $25.

§ 12-4 REGULATION OF OIL BURNING EQUIPMENT.

[Ord. 12/23/35; Ord. #1347]

§ 12-4.1 Definitions.

[Ord. 12/23/35 §§ 1, 2, 3]

As used in this section:

OIL BURNERS - Shall mean any device designed and arranged for the purpose of burning or preparing to burn fuel oil as specified in subsection 12-4.2, and having a tank with a total capacity of more than 10 gallons connected thereto.

FUEL OIL - Shall mean any liquid used as a fuel and having a flash point not less than 100° F. The Pensky-Martens closed cup tester shall be authoritative. The test shall be made in accordance with the methods of test adopted by the American Society of Testing Materials.

OIL BURNING EQUIPMENT - Shall consist of oil burners and all equipment connected thereto including internal and external supply or storage tanks, piping, wiring and all accessories.

§ 12-4.2 Approval of Oil Burners.

[Ord. #1347 S 1; Ord. 12/23/35 § 4]

It is unlawful for any person to install any oil burner unless there is issued a certificate of approval, application for which shall be filed with the building inspector. Inspection of the oil burners is to be made under the supervision of the director of public safety or an officer to be designated by him in his department. No certificates of approval are to be issued by the inspector of buildings without the approval of the installation being obtained from the director of public safety or his designated inspection official. All applications shall state whether burner is new or used.

No oil burner shall be installed unless it has been listed as standard by Underwriter's Laboratories. Oil burners suspended from the ceiling are prohibited.

The fee to be paid for the permit set forth herein shall be for the sum of $5, and shall include two inspections of the installation, one of which shall be made prior to the covering of the underground work, and one after the burner is ready for operation. Inspection shall not be made unless the permit for installation is in evidence.

If it is desired to replace the burner or storage tank in a previously approved installation, a permit for such installation shall be obtained from the building inspector and a fee of $2.50 shall be paid, which shall cover the cost of all necessary inspections and approval of the new installation. When a tank is replaced it shall be removed from the premises before final approval of the new tank can be given.

Whenever it is necessary to place the storage tank for any fuel oil burner on the street or sidewalk abutting on premises where such installation is sought, it shall also be necessary to secure a permit from the department of public works before the street or sidewalk can be opened for such installation. Every owner or agent desiring the street opening for such purpose shall guarantee the proper replacement of the pavement or sidewalk in accordance with the rules and regulations of the department of public works, and shall pay for every such permit the sum of $2.

All inspection certificates shall show the manufacturer's name and the serial number of the burner thereon.

A certificate of inspection by the Middle Department Association of Fire Underwriters for all electrical wiring and equipment shall be in evidence before final approval of the installation can be given.

§ 12-4.3 Installation of Storage Tanks.

[Ord. #1347 S 2; Ord. 12/23/35 § 5]

Tanks shall be constructed of galvanized steel, open hearth steel or wrought iron of a minimum gauge (U.S. Standard) or thickness depending on the capacity as given in the table below.

1 to 285 gallons	14 gauge
286 to 560 gallons	12 gauge
561 to 1,100 gallons	10 gauge
1,101 to 4,000 gallons	3/16 inch
4,001 to 12,000 gallons	1/4 inch

For tanks of 1,100 gallons and more, a tolerance of 10% in capacity may be allowed.

All joints shall be riveted and caulked, brazed, welded or made tight by some equally satisfactory process. Tanks shall be tight and sufficiently strong to bear without injury the most severe strains to which they may be subjected in practice. Shells of tanks shall be properly reinforced where connections are made. All connections shall be made through the top of the tank above the liquid level.

Underground tanks shall be thoroughly coated on the outside with asphaltum or other suitable rust-resisting material.

§ 12-4.4 Location of Tanks.

[Ord. #1347 § 3; Ord. 12/23/35 § 6]

Outside Tanks.

Tanks shall be buried with tops not less than two feet below surface of the ground and below the level of any piping to which the tanks may be connected, except that in lieu of the two foot cover, tank may be buried under 12 inches of earth and a cover of reinforced concrete at least five inches in thickness, which shall extend at least one foot beyond the outline of tank in all directions; concrete slab to be set on firm, well tamped earth foundation. Tanks shall be securely anchored or weighted in place to prevent floating where conditions warrant.

Where a tank can not be entirely buried it shall be covered with earth to a depth of at least two feet and sloped on all sides, slopes to be not less than three to one. Such cases shall also be subject to such other requirements as may be deemed necessary by the building inspector.

Inside Underground Tanks. When buried underneath a building, the tanks shall be buried with the top of tanks not less than one foot below the level of the floor. The floor immediately above the tanks shall be of reinforced concrete at least five inches in thickness or some other type of construction of equivalent strength and fire resistance, extending at least one foot beyond the outline of tanks in both directions, and provided with ample means of support independent of any tank. All provisions applying to outdoor underground tanks shall apply to inside underground tanks as provided above.

Inside Storage Tanks. Inside storage tanks are prohibited.

§ 12-4.5 Venting of Tanks.

[Ord. #1347 § 4]

All storage tanks shall have an open or automatically operated vent pipe of ample size to prevent abnormal pressures in case of fire when filling. In no case shall this be less than 1 1/4 inch galvanized iron pipe. The lower end of the vent pipe shall extend through the top of the tank for a distance of not more than one inch. The vent pipe shall extend from the tank to a point outside the building one foot above the level of the highest reservoir from which the tank may be filled, and not less than three feet above the ground and not less than two feet measured vertically or horizontally from any window or other building opening. Outer end of the vent pipe, unless automatically operated, shall be provided with a weatherproof hood.

§ 12-4.6 Filling Pipe.

[Ord. 12/23/35 § 8]

Filling terminal shall be equipped with a cap of a design which would prevent tampering and shall be set at least six inches above ground level to prevent water infiltration, unless installed in a counter sunk fill box. The filling pipe shall in all cases terminate outside of the building and shall be as remote as possible from doorways or other building openings.

§ 12-4.7 Gauging Device.

[Ord. #12/23/35 § 9]

No glass gauges, or any gauges the break of which will permit oil to escape from the tank shall be used. Test wells shall not be located within buildings and shall be closed tight with a metal cover or cap when not in use.

§ 12-4.8 Scavenging Line.

[Ord. 12/23/35 § 10]

A scavenging line, installed in connection with tank located within a building may be used and shall terminate outside the building. It shall be capped oil tight when not in use.

§ 12-4.9 Pumps.

[Ord. #12/23/35 § 11]

All pumps whether manually or automatically operated shall be of an approved type and rigidly fastened in place.

§ 12-4.10 Piping.

[Ord. #1347 § 5; Ord. 12/23/35 § 12]

Brass pipe with substantial fittings, brass or copper tubing with approved fittings, shall be used and shall be carefully protected against any mechanical injury in a manner satisfactory to the authorities having jurisdiction. In all piping systems proper allowance shall be made for expansion and contraction, jarring and vibration.

Brass or copper tubing shall have a wall thickness of not less than 0.049 inch for small sizes and correspondingly heavier where necessary.

All piping shall be separated from electric wiring, not enclosed, as provided in the National Electrical Code, or any code locally in force.

Supply pipes shall be not less than 3/8 inch diameter, iron pipe size, and when oil is pumped to burner, return pipes shall be at least the same size.

Opening for pipes through masonry walls below the ground level shall be made oil and water tight, and securely packed with flexible material.

All connections shall be made perfectly tight with well fitted joints. Union shall be used as burners to facilitate removal. All unions shall be of approved type, having conically faced ground joints.

Piping shall be run as directly as possible and in case of pumping systems, so laid that if practicable the pipes are pitched back toward the storage tanks without traps.

§ 12-4.11 Valves.

[Ord. #1347 § 6; Ord. 12/23/35 § 13]

Readily accessible valves shall be provided near each burner and also close to the auxiliary tank in the pipe line to burners. Valves shall be fusible and of a type approved by the Underwriters' Laboratories. The use of packing affected by oil or heat is prohibited.

Means for the remote control of the flow of oil through the burner should be provided for in case of emergency and a sign indicating its purpose should be located at the control device.

(Note): A switch in the motor supply circuit may service this purpose for an electrically driven equipment. The switch shall be placed at the entrance to the boiler room, or as directed by the building inspector.

§ 12-4.12 Installation of Oil Burners.

[Ord. 12/23/35 § 14]

All oil burners shall be equipped with an automatic device to shut off the burner in the event of undue pressure in a steam boiler or overheating within a hot water boiler or warm air furnace.

Electrical wiring used in connection with oil burning equipment shall be installed in accordance with the National Electric Code.

No oil burner shall be installed in any boiler or heater until such boiler or heater has been inspected by the oil burner installer and found safe for such installation.

All boiler or furnace room shall be provided with adequate ventilation to assure continuous and complete combustion.

It shall be the duty of the building inspector to interpret these rules in a manner that is consistent with safety and good practice, as determined by Underwriter's Laboratories.

A printed copy of the rules and instruction of the manufacturer shall be conspicuously posted near the oil burner, and the permit for the storage of oil fuels shall be likewise displayed.

§ 12-4.13 Dampers.

[Ord. #1347 § 6; Ord. 12/23/35 § 14]

Dampers which may entirely close the chimney uptake are prohibited. No damper area shall be greater than 80% of the internal cross section the uptake. Draft-o-stat shall be installed.

§ 12-4.14 General.

[Ord. #1347 § 7; Ord. 12/23/35 § 16]

No combustible material shall be stored within 10 feet of a furnace door.

Any woodwork, wooden lath and plaster partition or other combustible material within four feet of the sides or back or eight feet from the front of the furnace shall be covered with approved plaster board or other approved incombustible material. Above the furnace there shall be constructed a ceiling consisting of plaster board or three-fourths inch Portland Cement plaster on metal lath; the ceiling shall extend four feet beyond the sides and back and eight feet from the front. The ceiling shall also cover space above smoke pipes, so that ceiling above smoke pipes shall be of such construction two feet on each side of the smoke pipe. All of the provisions herein shall be fully complied with before any oil burner is operated.

§ 12-5 MOTOR VEHICLE SERVICE STATIONS.

[Ord. 6/24/47; Ord. #1127; Ord. #1361]

§ 12-5.1 Permission Required.

[Ord. 6/24/47 § 1]

No building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used as a motor vehicle service station unless permission is obtained from the Township Council pursuant to the procedure herein outlined.

§ 12-5.2 Application.

[Ord. 6/24/47 § 2]

Any person desiring to use any premises or to construct and erect any building arranged, intended or designed to be used as a motor vehicle service station, or gasoline or oil filling station shall make application in writing to the Township Council setting forth in the application the character of the building intended to be constructed on the premises to be used, a plot plan showing the location of the building on the premises to be used, the street entrances and the dimensions of the same, the width of the street upon which the building fronts and the location and kind of structure of all buildings within 200 feet of the property intended to be used.

§ 12-5.3 Notice of Hearing; Hearing.

[Ord. 6/24/47 § 3]

After filing of an application the Township Council shall fix a time and place not exceeding 60 days from the date of filing the application at which time and place the Township Council shall hold a public hearing on the application and the applicant shall receive due notice thereof. The applicant shall, at least five days prior to the time appointed for the hearing, give personal notice of the hearing to all property owners within 200 feet of the property upon which the building is intended to be located. Such notice shall be given either by handing a copy thereof to the property owners or leaving a copy thereof at their usual place of abode, if the owners are the occupants of the property affected by the application or are Township residents. Whenever the owners are nonresidents, such notice may be given by sending written notice by registered mail to the last known address of the property owner as shown by the most recent Township tax lists. Where the owner is a partnership, service upon any partner shall be sufficient and where the owners are corporations, service upon any officer shall be sufficient. The applicant shall, by affidavit, present satisfactory proof to the Township Council at the time of the hearing that the notices have been duly served as aforesaid.

§ 12-5.4 Granting of Permit.

[Ord. 6/24/47 § 4]

Recognizing the necessity for motor vehicle service stations and gasoline or oil filling stations and at the same time that they may be inimical to the public safety and general welfare if located without due consideration of the conditions and surroundings, the Township Council, after duly considering the location and physical characteristics of the building intended to be used or erected and the traffic, fire and other hazards, conditions and surroundings incident to the operation of the proposed motor vehicle service station, or gasoline or oil filling station and the public health, public safety, public convenience and the general welfare of the community, shall grant a permit, if in the board's judgment, such building and use shall not be detrimental to the health, safety and general welfare of the community and is reasonably necessary for the convenience of the community.

§ 12-5.5 Size of Lot.

[Ord. #1127 § 1; Ord. #1361 § 1]

No building permit to erect a motor vehicle service station shall be granted unless the land upon which the proposed motor vehicle service station is to be constructed shall have a street frontage of at least 80 feet and a minimum depth of at least 100 feet. If the land upon which the proposed motor vehicle service station is to be constructed is located on a corner lot at a street intersection, it shall have minimum dimensions of 5,000 square feet and the frontage of the lot on any street shall be not less than 60 feet.

§ 12-5.6 Purpose.

[Ord. 6/24/47 § 6]

The purpose of this section is to set forth a complete and comprehensive scheme of orderly procedure for obtaining building permits for motor vehicle service stations from the Township Council, and any prior ordinance inconsistent with the terms hereof, including the Township zoning ordinance, is subordinate hereto.

§ 12-6 PARKING LOTS.

[Ord. #1460]

§ 12-6.1 Purchase of Land.

[Ord. #1460 § 1]

The owner or tenant of any business in a business zone may, in connection with any land in close proximity to or adjacent to such business, by purchase or lease provide for parking facilities for the customers of the business by constructing and erecting parking facilities in existing business zone.

§ 12-6.2 Permission for Facilities.

[Ord. #1460 § 2]

No parking facilities shall be used unless permission is obtained from the Township Council pursuant to the procedure herein outlined.

§ 12-6.3 Submission of Blue print.

[Ord. #1460 § 3]

Any person desiring to use premises to provide for parking facilities as set forth above shall submit a blueprint of the proposed parking area to the Township Council; the aforesaid blueprint shall be submitted at least two weeks prior to the issuance of permission.

§ 12-6.4 Construction Details.

[Ord. #1460 § 4]

The parking area shall have a surface course of one inch type A bituminous concrete on three inch modified penetration concrete, or shall be surfaced with material which is equal in durability. Retaining walls shall be erected on the parking lot sufficient to protect adjacent properties. There shall be erected curbing with a minimum height of 18 inches on interior boundary lines of the parking lots.

§ 12-7 CELLAR EXCAVATIONS.

[Ord. #723; Ord. #1077]

§ 12-7.1 Time Limit.

[Ord. #723 § 1]

Whenever a person has excavated for a cellar on any premises in the Township, and no building or structure has been commenced thereon within 90 days after such excavation, constituting thereby, after confirmatory examination by the director in charge of building department, a public hazard or nuisance, it is the duty of the director in charge of building department to notify the owner of the premises, and also the person that did such excavating, or has charge thereof, if they can be ascertained, to proceed forthwith with the construction of the building, so that the excavation may be covered, or in the alternative to fill in the excavation with fresh earth, ashes or cinders, and to eliminate the hazard and nuisance of such excavation.

§ 12-7.2 Service of Notice.

[Ord. #723 § 2]

Service of such notice shall be in person, if such person is a Township resident, and if not by mailing by registered mail to the last known address. In the event the address cannot be ascertained, service may be made by posting on the premises, and in two other public places in the Township, and by publishing a copy of the notice at least once in a newspaper published and circulating in the Township.

§ 12-7.3 Contents of Notice.

[Ord. #723 § 3]

Such notice shall substantially direct the person to whom it is addressed to complete the construction of the building, or cover the excavation, or fill in the same with fresh earth, ashes or cinders, and remove the hazard and nuisance created by such excavation, and shall direct that the excavation be so covered or filled within 30 days from the time of the service of such notice, and that upon failure so to do, the director in charge of building department, or his designee, may enter the premises and employ such labor and furnish such materials as may be necessary properly to fill the excavation, the cost thereof to be charged as a lien against the premises.

§ 12-7.4 Accurate Accounting Required.

[Ord. #723 § 4]

After service of such notice, if the work of covering or filling in the excavation, in the manner and within the time provided in the notice, is not done by the person having charge of such construction or of such excavation, then the director in charge of building department, or his designee, may proceed to fill in the excavation with fresh earth, ashes or cinders, to an extent sufficient to eliminate the hazard, danger or nuisance created by the excavation. The director in charge of building department, or his designee, shall keep a true and accurate account of the cost of the labor and materials.

§ 12-7.5 Permit Required.

[Ord. #1077 § 1]

Before making any major excavation on any plot of ground in the Township and a major excavation shall be defined as one which is more than two feet below street level and has a surface dimension of more than 16 square feet, a permit for the excavation shall be obtained from the building department. The application for such permit, in the event the excavation is for a purpose other than a cellar, shall show the dimensions of proposed excavation and shall set forth the purposes for which the excavation is being made. No owner or builder, or any person shall make such an excavation without obtaining a permit.

§ 12-8 FALLOUT PROTECTION SHELTERS.

[Ord. #1864]

§ 12-8.1 Fallout Shelters Required.

[Ord. #1864 § 1]

Every officer, board, department, commission or commissions of the Township, charged with the duty of preparing specifications, or awarding or entering into contracts for the design, erection or construction of buildings, or other structures, including additions to existing structures, for the Township, shall incorporate or cause to be incorporated in such buildings, or other structures, fallout protection for at least its normal anticipated population which shall meet or exceed the minimum space and fallout protection criteria recommended by the Office of Civil Defense, United States Department of Defense, unless exempted from such shelter requirement.

§ 12-8.2 Exemptions.

[Ord. #1864 § 2]

The Mayor of the Township may exempt buildings or structures from this requirement where he finds that such incorporation of fallout shelter will create an additional net cost in the construction of such structure in excess of 2% of the estimated cost thereof without shelter so incorporated, or that other factors as he may determine make unnecessary or impracticable the incorporation of the fallout shelter in such structure.

§ 12-8.3 Purpose.

[Ord. #1864 § 3]

It is the policy of the Township that fallout shelter be incorporated in all public buildings of the Township to the fullest extent practicable, in order to provide protection against radiation for the greatest number of people in the event of nuclear emergency.

§ 12-9 PRIVATE SWIMMING POOLS.

[Ord. #1580; Ord. #2015]

§ 12-9.1 Definition.

[Ord. #1580 § 1]

PRIVATE SWIMMING POOL

Shall mean an artificially constructed outdoor structure or area intended for bathing or swimming purposes, having any depth below the grade or level of the ground or area surrounding the same, established or maintained upon private property by any individual for his own or his family's use or guests of his household.

§ 12-9.2 Fencing Required.

[Ord. #1580 § 2]

All private swimming pools now existing or hereafter constructed or installed shall be enclosed by a permanent fence of durable material which shall be no less than 4 1/2 feet in height, and any opening or mesh in any such fence shall not be greater than four inches in area. Such fence shall be so constructed as to prevent any person from gaining access to the pool beneath or through the same and shall have a gate of the same height as the fence constructed of the same material, with facilities for locking such gate when the pool is not in use or is unguarded or unattended.

§ 12-9.3 Swimming Pool Code.

[Ord. #2015 §§ 1, 2]

The Code entitled "Swimming Pool Code of New Jersey - 1970" was approved by the State Department of Health and shall be adopted in full by reference.

Any person, firm or corporation found guilty of violating any provision of the Swimming Pool Code shall be subject to a fine of not less than $50 nor more than $500.

§ 12-10 SET-BACK LINES.

[Ord. #1038 §§ 1, 2]

Setback lines are established on Belleville Avenue, in the Township, between Union Avenue and Washington Avenue, in accordance with a map entitled, "Proposed building line on Belleville Avenue, Belleville, Scale 1" - 20' dated January 31, 1944 signed by William A. Stickel, County Engineer" which map is made part of this section. No buildings or structure, or part thereof, or appurtenant thereto, shall be erected, altered or placed within the foregoing setback lines. Neither shall any use be permitted on the lands included within the setback line inconsistent with the public use thereof.

§ 12-11 CERTIFICATES IDENTIFYING FLOOD HAZARD AREAS.

[Ord. #1923]

§ 12-11.1 Findings.

[Ord. #1923]

It is necessary that certificates be furnished upon request for various properties in the Township as to their location in flood areas as set forth on the Federal Insurance Administration Flood Hazard Boundary Maps.

§ 12-11.2 Certificates Furnished.

[Ord. #1923 § 1]

The engineering department in the department of public works shall furnish upon request a certificate identifying properties as to their locations in regards to flood areas as set forth on the Federal Insurance Administration Flood Hazard Boundary Maps.

§ 12-11.3 Deposition of Fees.

[Ord. #1923 §§ 2, 3]

The official appointed by the director of the department of public works to issue these certificates shall receive and deposit with the tax collector prior to the issuance of the certificates, a fee in accordance with said schedule for official searches for municipal liens as set forth in N.J.S.A. 54:5-14, as amended. The fees for certificates as listed in this ordinance shall be in addition to any other fees for official searches for municipal liens.

§ 12-12 RENT LEVELING BOARD. [1]

[1]

Editor's Note: Prior source history includes Ord. Nos. 1948; 1971; 2023; 2164; 2175; 2491; 5/27/80; 2609; 2619; 2683; 2937; 3125; 3235; 3267.

§ 12-12.1 Determination.

[Ord. No. 3328; Ord. No. 3471]

The Governing Body of the Township of Belleville in April of 1974, April 27, 1976, October 24, 1978, April 10, 2007, May 22, 2012 and October 23, 2012 found and affirmed that a housing crisis existed and that the demand for increases in rent were exorbitant, speculative and unfair, and the Governing Body of the Township found and declared that under the police powers granted to the Mayor and the Governing Body of the Township under N.J.S.A. 40:48-2, in order to protect and promulgate the health and welfare of the citizens of the Township, a rent leveling board was declared to be necessary within the Township, and the Governing Body thereafter adopted an ordinance referred to in the title hereof for the purpose of regulating rents.

§ 12-12.2 Conditions Continue to Exist.

[Ord. No. 3328]

The Governing Body of the township now finds and declares that the condition with respect to multiple dwelling housing space in the Township, continues to exist in the Township and that legislative action in the exercise of the municipal police power continues to be essential to protect the health, safety and welfare of the citizens of the Township.

§ 12-12.3 Definitions.

[Ord. No. 3328; Ord. No. 3471]

As used in this section: All newly constructed dwelling units shall be exempt from this Chapter for 36 months commencing at time of first occupancy of each unit, and thereafter such unit(s) shall be subject to the provisions of this Chapter.

All "substantially rehabilitated" dwelling units shall be exempt from this chapter for 12 months commencing the date of occupancy after rehabilitation. Qualification for this exemption only applies in instances wherein there are four or more rental units on the same property and where the bona fide cost of improvements to same are at least 75% of the assessed property value on said property.

HOUSING SPACE - Shall mean and include that portion of a dwelling rented, offered or available for rent for residential living purposes to one individual or family unit together with all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use and occupancy of such portion of the property.

MULTIPLE DWELLING - Shall mean and include any building or structure containing housing space, rented, offered or available for rent. Exempt from this section are one, two, and three-family dwellings, and four-family dwellings where one unit is owner occupied, or occupied by a member of the owner's immediate family (parent, spouse, child).

AVAILABLE FOR RENT - Shall mean fit for habitation as defined by the statutes, codes and ordinances in full force and effect in the State of New Jersey, County of Essex and Township of Belleville and occupied and offered for rent.

NOTICE - Shall mean written notice to tenant or landlord which is mailed to the tenant's residence or to the landlord's address, as set forth in the registration form by ordinary mail and with adequate proof of service stating that notice to the tenant or landlord was mailed.

LANDLORD - Shall mean an owner, lessor, sub-lessor or any other person entitled to receive rent for the use and occupancy of any housing space or an agent, or occupant of any housing space or an agent or successor of any of the foregoing.

TENANT - Shall mean a tenant, sub-tenant, lessee, sub-lessee or any other person entitled under the terms of a housing agreement to the use or occupancy of any housing space.

RENT - Shall mean the consideration, including any bonus, benefits or gratuity demanded or received for or in connection with the use or occupancy of housing space or the transfer of a lease of housing space, including but not limited to monies demanded or paid for tax surcharge, parking, pets, the use of furniture, air conditioners, swimming pools or other recreational facility, improvements or amenities connected with the use of the housing space whether mandatory or voluntary.

PERIODIC TENANT - Shall mean any month-to-month tenant or any tenant at will, or sufferance, or any tenant having a lease for a term of less than one year.

MAJOR CAPITAL IMPROVEMENT - Shall mean an improvement, which permanently adds to the value or useful life of the property and resulted in an expenditure in excess of $5,000 for any such completed improvement.

§ 12-12.4 Establishment of Rent.

[Ord. No. 3328]

Establishment of rents between a landlord and a tenant to whom this section is applicable, shall hereafter be determined by the provisions of this section. At the expiration of a lease or at the termination of the lease of a periodic tenant, or at the annual anniversary of a lease for a term of more than one year (if the lease so provides), no landlord may request or receive a percentage increase in rent which is greater than 4%.

Periodic tenants will be included under this section and shall be entitled to the same protection as tenants under lease except that a landlord seeking an increase with respect to periodic tenants shall give said tenants 30 days' notice with respect to any proposed increase in rent.

§ 12-12.5 Voided Rent Increases.

[Ord. No. 3328; Ord. No. 3471]

Any rental increase at the time other than the expiration of a lease or termination of a periodic lease shall be void and must be returned to the tenant or tenants. For purposes of determining whether a rental increase is in excess of that authorized by the provisions of this section, the rent leveling board shall determine and establish the rent for the housing space as of January 1, 2010 which shall be considered the base rent.

In the event the rent leveling board shall determine that a tenant is entitled to a rental rebate resulting from an overcharge in rental for housing space, such rebate shall be made only for the two-year period preceding the date on which the tenant's complaint was filed or the landlord's hardship petition was filed. The board may also cause a complaint to be issued in the Belleville Municipal Court for violation of this section where a landlord has charged rent for a period in excess of two years which rent is in excess of that which is or was permitted by this section.

In the event a tenant shall file a complaint charging a landlord with rental overcharge more than 60 days after such tenant has vacated a unit of housing space located in a multiple dwelling, then such tenant shall not be entitled to any rebate as provided in this section.

§ 12-12.6 Vacancy in Housing Space.

[Ord. No. 3328]

A vacancy in housing space shall not relieve the landlord from the controls of this section as to such housing space.

§ 12-12.7 Landlord Foregoes Maximum Allowable Rent.

[Ord. No. 3328]

Where a landlord, because of unusual circumstances, is agreeable to forego the maximum allowable rent, he shall apply to the Rent Leveling Board setting forth the reason therefor in order to protect the base rent so that the higher rent is not waived as the base of a future rent.

§ 12-12.8 Agreement Between Landlord and Tenant Requires Approval.

[Ord. No. 3328]

Where a tenant requests a personalized service for furnishing furniture, equipment, facilities, alterations or improvements in the subject housing space, which is unique, and the tenant has negotiated at arms length with the landlord a mutually satisfactory agreement with the landlord as to a price and terms of payment, such agreement shall not be deemed as part of rent and shall require prior approval of the rent leveling board.

§ 12-12.9 Amount of Increase; Time.

[Ord. No. 3328]

The rental for housing space shall not be increased more than 5% in any consecutive 12 month period irrespective of the number of different tenants occupying said housing space during said 12 months.

§ 12-12.10 Notification and Calculation of Increase.

[Ord. No. 3328]

Any landlord seeking an increase in rent shall give notice to the tenant by certified mail, return receipt and, contemporaneous first class mail of the calculations involved in computing the increase, and shall in the case of a tenant under lease, notify said tenant 90 days prior to the expiration of the lease of the proposed increase.

§ 12-12.11 Creation of Board; Members; Powers.

[Ord. No. 3328]

There is hereby created a Rent Leveling Board within the Township of Belleville, which shall consist of seven members and three alternate members. All members and alternate members must maintain their principal residence in the Township of Belleville.

The Rent Leveling Board shall reorganize once per year during the month of July.

The members and alternate members of the Board shall be appointed by the Governing Body of the Township and shall serve without compensation. The regular membership of the Board shall consist of two landlords, two tenants and three single-family homeowners. The alternate members shall consist of a landlord, a tenant, and a single-family homeowner. The term of office shall be for two years and shall continue until an appointment is made to fill any unexpired terms. The members and alternate members serving on the Rent Leveling Board at the time this ordinance is enacted shall continue in that capacity until the expiration of their present terms. In the event that a member cannot attend a meeting, and an alternate is called to serve at a meeting, the Board shall first contact the alternate with the same living status as the absent Board member whenever possible. In the event a member of the Rent Leveling Board misses five meetings within one year, such absences shall constitute good cause for removal and that member may be removed by the Municipal Council by Resolution.

The Rent Leveling Board is hereby granted, and shall have and exercise, in addition to other powers herein granted, all powers necessary and appropriate to carry out and execute the purposes of this section, including but not limited to the following;

To issue and promulgate such rules and regulations as it deems necessary to implement the purpose of this section, which rules and regulations shall have the force of law until revised, repealed or amended from time to time by the Board in the exercise of its discretion, providing that such rules and regulations are filed with the Township Clerk.

To supply information and assistance to landlords and tenants to help them comply with the provisions of this section.

To hold hearings and adjudicate applications from landlords for additional rent as determined by subsection 12-12.13 of this section.

To hold public hearings and adjudicate applications from tenants for reduced rentals.

To enforce the provisions of this section and to initiate proceedings in the Municipal Court for willful violations thereof.

To issue subpoenas to compel the attendance of witnesses and the production of books and records in connection with hearings held pursuant to the provisions of this section.

Four Board members shall constitute a quorum. A majority of the quorum shall be required for a decision of the Board, including decision on all motions, orders and rulings of the Board. The Rent Leveling Board shall be given reasonable opportunities to be heard by both landlord and tenant before making any determination.

A representative or representatives to be selected by the Board may be authorized to investigate complaints within the jurisdiction of the Rent Leveling Board and confirm the information listed on applications for rental increases pursuant to the terms of subsection 12-12.13 of this section.

The Board may schedule a pre-hearing conference with one member of the Rent Leveling Board and the Rent Leveling Board attorney with the applicant and applicants for the purpose of reviewing the application and determining the ability of the applicant to proceed on the scheduled hearing date.

The landlord shall comply with N.J.A.C. 5:28-1 et seq.

§ 12-12.12 Owners to Register Property with Township Clerk.

[Ord. No. 3328; Ord. No. 3471]

All owners of property within the Township, whose rents are subject to this section, shall register the property with the Township Clerk. The registration form shall include the following:

The address of each dwelling unit.

The name, usual address and telephone number of the owner of the property.

The name, usual address and telephone number of the owner or person who is authorized to act for and on behalf of the owner for the purpose of receiving service of process and for the purpose of receiving and receipting all notices and demands.

The rent of each unit on January 1, 2010 dictating what utilities, services, etc. were included therein.

The rent as of the date of registration indicating what utilities, services, etc. were included therein.

The housing services provided for each unit or the occupants or tenants thereof, indicating which of these services are included in the rental figure.

No earlier than August 1st of each year and not later than October 1st of each year, every owner or managing agent of multiple dwellings shall file an annual statement on a form approved by the Rent Leveling board setting forth the rent for each unit of housing space as of the date of the statement and shall further set forth any amendments or corrections to the registration statement already on file for such multiple dwelling as otherwise required in this section. The annual statement herein required shall set forth the date and amount of any proposed or anticipated rental increase in the succeeding eighteen-month period. The annual statement shall include a certified statement setting forth all services included in the rent charged and further statement of any surcharges imposed and the service provided for such surcharge. A copy of the annual statement filed with the Township Clerk shall be provided to each tenant. The annual statement shall be accompanied by a $10 per unit filing fee.

The registration forms shall be provided by the Clerk to the Board. A copy of these regulations shall be kept at the office of the Township Clerk and shall be open for public inspection and copying.

§ 12-12.13 Hardship Rent Increase.

[Ord. No. 3328]

In the event a landlord cannot realize a just and reasonable return on his property after taking into account income and expenses, the Board may grant the landlord a hardship rent increase for good cause shown. Prior to any such appeal to the Rent Leveling Board, a landlord must serve notice on all affected tenants at least 10 days prior to the hearing date and the landlord must post in the lobby of each building or if no lobby is present, in a conspicuous place in and about the premises, a notice of said appeal, setting forth the basis for said appeal. Said notice must be posted for at least 10 days prior to the publishing date of the appeal. The affected tenants shall have the right to challenge the basis of the facts for the hardship increase on the hearing date thereof. A just and reasonable return shall take into consideration, among other factors, the value of the property, the reasonable expenses of operation, the income, and the rate of return. The rate of return should be generally commensurate with returns on investments in other enterprises having comparable risks.

In computing rental increase or rental rebate as provided under this section, the amount so computed shall be rounded off to the nearest dollar.

A landlord shall be limited to allowance of one hardship rent increase within any twelve-month period.

The Board may review any hardship rent increase in excess of 15% after 12 months from date of the granting of such increase.

Fair market value shall mean assessed value, as that value is set forth on the official tax records of the Township of Belleville. In the event a petition or complaint has been filed with the County Board of Taxation or a court of appropriate jurisdiction challenging the assessed value for such property, fair market value shall mean the value alleged by the landlord in his petition or complaint filed with the County Board of Taxation or a court of appropriate jurisdiction or the value alleged by the landlord in any expert's report or pleading which he shall file with the County Board of Taxation or a court of appropriate jurisdiction. All such pleadings, reports, petitions and other documents deemed necessary by the Rent Leveling board to establish the petitioner's alleged fair market value must be filed by the landlord with his petition for a hardship rental increase pursuant to this section. In the event a judgment is rendered by the County Board of Taxation or a court of appropriate jurisdiction during the twelve-month period within which a hardship increase has been granted based upon the fair market value as alleged by the landlord in his pleadings or petition before the County Board of Taxation or court of appropriate jurisdiction, and in the event such judgment is final in all regards and has not been nor can be appealed by the landlord, and the judgment rendered varies from the value relied upon by the Rent Leveling Board for purposes of determining the hardship rent petition filed by the landlord, the landlord may petition the Rent Leveling Board to recalculate his hardship petition based upon the value established by such final judgment of the County Board of Taxation or a court of appropriate jurisdiction.

In the event a petition or complaint has been filed with the County Board of Taxation or a court of appropriate jurisdiction challenging the assessed value of such property at a time following the allowance of a hardship rent increase by the Rent Leveling Board wherein assessed value has been relied upon to determine the landlord's allowable return pursuant to the formula set forth in this section, the landlord shall be brought before the Rent Leveling Board for the purpose of re-calculating the hardship petition as if the petition or complaint challenging the assessed value for such property had been filed at the time of the granting of the hardship increase. The Board may order a rebate for all rents collected by the landlord in excess of the recalculated hardship increase.

Any recalculations of a hardship petition which shall be made following a final judgment by the County Board of Taxation or a court of appropriate jurisdiction shall be prospective in application and not retroactive.

Any increase granted pursuant to this section shall be built into base rent for purposes of calculating future rent increases.

In any hardship request, the Board shall determine the reasonableness of the landlord's data, figures and calculations and may, in its discretion, make adjustments that it deems necessary.

The Board may refuse to grant a hardship increase if the property is not in substantial compliance with State and local building codes. The term "substantial compliance" means 90% qualitatively free of code violations and free of all conditions that threaten health, safety and welfare, such as lack of heat, hot water or electrical hazards.

Upon application to the Rent Leveling Board for a hardship increase, the landlord or his agent, must present to the Rent Leveling Board documentation or other proof that there are no pending violations against the property from the Department of Community Affairs, Bureau of Housing of the State of New Jersey and the construction code enforcement official, health and fire departments of the Township of Belleville. No applications will be granted, or in the discretion of the Rent Leveling Board be heard until said violations, if any, have been corrected.

Within 90 days of the receipt of a completed application, the Board shall render a decision on the same.

§ 12-12.14 Capital Improvement Increase.

[Ord. No. 3328]

A landlord may seek additional rent for major capital improvements or service. The landlord must serve notice on each tenant of the total cost of the complete capital improvement as claimed by the landlord for the purposes, the average cost of the improvement, the total number of square feet of the dwelling or apartment complex, including garden apartments, the total square feet occupied by the tenant and the capital improvement surcharge the landlord is seeking from each tenant. The landlord seeking a capital improvement surcharge shall appeal for said surcharge to the Rent Leveling Board, which shall determine if said improvement is a major capital improvement, and if so, shall permit such increase to take place. In any event, no increase authorized by this section shall exceed 15% of the tenant's rent.

§ 12-12.15 Depreciation of Capital Improvement.

[Ord. No. 3328]

For purposes of determination of depreciable life of any capital improvement either for the purposes of this section and subsection 12-12.13, the Rent Leveling Board may use the then current and applicable I.R.S. Depreciation Schedule for such capital improvement.

§ 12-12.16 Present Landlord Not Responsible for Violations of Predecessor; Exception.

[Ord. No. 3328]

Where title to a multiple dwelling has been conveyed to a landlord by a predecessor landlord who has violated the provisions of this or any previous rent leveling ordinance, the present landlord may not be held liable for excessive rent charged by the predecessor landlord except for the following:

The sale of the subject property is not an arms length transaction; or

If the sale is between an individual and a corporation or vice versa where the individual is also an officer or director of the corporation buying or selling the property; or

The contract of sale between the present landlord and predecessor landlord specifically provides that the purchaser may hold the seller liable for any violations of the local rent leveling ordinance.

In the event that a predecessor landlord has violated the terms of this section and the present landlord cannot be held liable for such violation as provided herein, the Rent Leveling Board shall have continuous jurisdiction over the predecessor landlord for violations committed by him

§ 12-12.17 Vacancy Decontrol: Application for Vacancy Decontrol: Requirements: Fees.

[Ord. No. 3328; Ord. No. 3344; amended 12-10-2019 by Ord. No. 3559]

Upon the voluntary vacation of any apartment or housing unit for which rent increases are controlled by this section, the landlord shall have the right to fix the new rent for such vacated apartment or housing unit at a rental price mutually agreeable to the landlord and the tenant.

In order for the landlord to qualify for vacancy decontrol rent increase, the landlord shall first be required to file an application for vacancy decontrol, along with a statement signed by the vacating tenant, certifying that the landlord has not in any way, harassed, intimidated, or coerced the tenant into vacating the housing unit and that the vacation of such unit was a voluntary act on the part of the tenant. For the purposes of this section, a vacation caused by or necessitated by substandard, unsafe or unsanitary conditions of the rental premises shall not be deemed a voluntary vacation.

Such non-coercion certification shall not be required in order for the landlord to qualify for a vacancy decontrol increase if:

The increase does not exceed the total of all permissible increases authorized by any other provisions of this section.

The tenant has moved from the unit without notice to this landlord.

The unit has been vacated pursuant to a judicially mandated eviction unless the court ordered eviction shall have been brought about by charges in the terms of the lease.

The tenant has refused to sign such certification and upon appeal by the landlord for his agent, the Rent Leveling Board has found that such refusal was unwarranted, and that there was in fact no coercion of any kind exerted by the landlord, his agent or representative upon the vacating tenant.

The landlord's application for vacancy decontrol filed with the office of rent leveling, along with the required fee, of $100 per unit shall certify:

The address and apartment number of vacated unit.

The name of the vacating tenant.

The date the apartment became vacant.

The number of rooms in the vacated unit.

The amount of rent the vacating tenants were paying.

The maximum rent permissible under the provisions of this section.

The amount of rent requested under the terms of vacancy decontrol.

Certification that the vacation of the apartment was the voluntary act of the vacating tenant and that such vacation was not the result of harassment or pressure by the landlord or his agents.

That no existing tenant within a dwelling unit determined to remain in the vacated housing unit.

The decontrol provisions of this subsection shall only apply to dwelling units that are physically vacated subsequent to the effective date of this subsection.

Upon application for approval of a vacancy decontrol increase, the landlord shall request that an inspection be done by a Code Enforcement Officer for certification that the housing unit is in substantial compliance with the provisions of Chapter 21, Property Maintenance Code of the Township of Belleville, and include the required Certificate of Continued Occupancy inspection fee along with the application for decontrol.

No apartment or housing unit may be rented at a decontrolled rent unless and until an approved vacancy decontrol certificate has been received by the applicant from the office of rent leveling after they have received a copy of the certificate of occupancy certifying that the housing unit is in substantial compliance with the provisions of Chapter 21, Property Maintenance Code of the Township of Belleville.

Once a unit subject to rent control is rented after becoming vacant, it shall immediately be subject to all of the other terms and provisions of this section including, but not limited to, maximum amounts of increases of rent thereafter unless and until it shall again become vacant as provided in this section.

[Amended 12-10-2019 by Ord. No. 3559]

The landlord shall supply and deliver to each new tenant information, in writing, which shall state: