Township of Scotch Plains, NJ
Union County
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Table of Contents
Table of Contents
[1]
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 paragraph a., hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c.217 and N.J.A.C. 5:23 to hold each 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 paragraph b above shall not be construed as requiring that there be a separate regular member in each of the qualification categories set forth in paragraph b,1 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 (1) alternate member in each qualification category set forth in paragraph b,1 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 paragraph b,1 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 paragraph b,1 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.S.A. 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]
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 paragraph 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 $0.04 per cubic foot. The minimum fee shall be $200.00 for use R-5 and $300.00 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 $0.04 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 $35.00 per $1,000.00 with a minimum fee of $75.00. 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 bonafide 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 items (c) and (d) above.
(f) 
The fee for tents, in excess of 900 square feet, or more than 30 feet in dimension shall be $100.00.
b. 
Plumbing Fixtures and Equipment. The fees shall be as follows
1. 
The fee shall be in the amount of $25.00 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 $150.00 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 $75.00, unless in conjunction with a permit whereas the fee shall be $20.00.
*Scotch Plains residents over 62 years of age will have this $75.00 water heater fee waived.
4. 
The fee for furnaces and oil burners shall be in the amount of $100.00.
5. 
Backwash discharge and pool heaters for all pools shall be $75.00.
6. 
Trap primer shall be $25.00.
7. 
Humidifiers: $25.00.
8. 
The fee for fuel oil piping shall be $75.00.
9. 
The fee for gas piping shall be in the amount of $75.00 for up to 100 feet with an additional $5.00 per vertical foot of piping.
10. 
The fee for back flow preventers shall be in the amount of $100.00 unless the device is less than 1-1/4 inches in size whereas the fee shall be $35.00.
11. 
Sewer capping, water line capping shall be $100.00.
12. 
The sewer construction permit or repair fee shall be $300.00 plus Street Opening Permit (See Chapter 15).
13. 
The septic system permit or repair fee shall be $500.00.
14. 
The water line permit shall be $75.00, plus Street Opening Permit (See Chapter 15).
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 $75.00. For each 25 receptacles or fixtures in addition to this, the fee shall be in the amount of $25.00. 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; $25.00.
3. 
Ten and one tenth horsepower to 25 horsepower: $60.00.
4. 
Twenty-five and one tenth horsepower to 50 horsepower: $75.00.
5. 
Fifty and one tenth horsepower to 75 horsepower: $100.00.
6. 
Seventy-five and one tenth horsepower to 100 horsepower: $100.00.
7. 
One hundred and one tenth horsepower and larger: $460.00.
8. 
Transformers and Generators.
(a) 
One kilowatt to 10 kilowatts: $60.00.
(b) 
Ten and one tenth kilowatts to 50 kilowatts: $75.00.
(c) 
Fifty and one tenth kilowatts to one hundred twelve and one-half (112.5) kilowatts: $150.00.
(d) 
One hundred twelve and six tenths kilowatts and larger: $460.00.
9. 
Low Voltage Service Equipment.
(a) 
Alarms R-5 use group: $75.00
(b) 
Alarms all other use groups: One hundred twenty-five dollars 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: One hundred dollars; each additional 25 connections $50.
(d) 
High voltage service—Minimum fee: $800.00.
(e) 
In accordance with the National Electrical Code, the following definitions shall apply to Township of Scotch Plains:
SOLAR ARRAY
Shall mean a mechanically integrated assembly of modules or panels with a support structure and foundation, tracker, and other components, as required, to form a dc power-producing unit.
SOLAR INVERTER
Shall mean equipment that changes dc power from photovoltaic source to ac power.
SOLAR MODULE
Shall mean a complete, environmentally protected unit consisting of solar cells, optics and other components, exclusive of tracker, designed to generate dc power when exposed to sunlight.
SOLAR PANELS
Shall mean a collection of modules mechanically fastened together, wired, and designed to convert solar energy into usable electrical energy by way of a solar energy system
Photovoltaic Array: $50.00 each.
Note: The above fee is exclusive of all disconnects, overcurrent devices, inverters, metering devices and all other associated to equipment, and shall be priced accordingly at $25.00 per device, and in accordance with the schedule as outlined in section 8-1.3c, entitled "Electrical Devices and Fixtures."
10. 
Service and Sub-Panels.
(a) 
Service boxes, service entrance, sub-panels, 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 Amp, the fee shall be $75.00, including the installation of up to 10 fixtures or receptacles.
(2) 
From 100 Amp to 150 Amp the fee shall be $90.00, including the installation of up to 10 fixtures or receptacles.
(3) 
From 151 Amp to 200 Amp the fee shall be $ 100.00, including the installation of up to 10 fixtures or receptacles.
(4) 
From 201 Amp to 1,000 Amp the fee shall be $300.00, including the installation of up to 10 fixtures or receptacles.
(5) 
Over 1,001 Amp the fee shall be $750.00, 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 $75.00.
(b) 
The fee for burglar alarms and intercom panels shall be in the telephone and low voltage wiring in the amount of $75.00.
(c) 
The fee for whirlpool motors shall be $25.00 each.
(d) 
The fee for electric water heaters shall be $25.00 each. Scotch Plains residents over age 62 shall have this electric water heater fee waived.
(e) 
The fee for baseboard heat shall be $25.00 per device.
(f) 
The fee for motors shall be in the amount of $25.00 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 $50.00 each.
(h) 
Pool Filter Motors: Shall be in the amount of $25.00 each.
(i) 
Range: Shall be in the amount of $25.00.
(j) 
Oven: Shall be in the amount of $25.00.
(k) 
Surface Unit: Shall be in the amount of $25.00.
(l) 
Dishwasher: Shall be in the amount of $25.00.
(m) 
Garbage Disposal: Shall be in the amount of $25.00.
(n) 
Dryer: Shall be in the amount of $25.00.
(o) 
Pool Lights: Shall be in the amount of $25.00.
(p) 
Under Ground Conduit or Direct Buried Cable Trenches: $50.00 up to 50 feet and then additional $25.00 for each additional 50 feet.
(q) 
The fee for electric bonding of all pools, hot tub spas shall be in the amount of $100.00
(r) 
Electric grid bonding for all pools, hot tub and spas shall be in the amount of $50.00.
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 percent 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 $250.00.
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 $1,000.00.
(b) 
The escrow fee to be posted and held by the Township for one- and two-family residential structures shall be $1,000.00.
(c) 
The fee for demolition for all other nonresidential structures shall be $1,500.00.
(d) 
The escrow fee to be posted and held by the Township for all other structures shall be $2,000.00.
(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 above ground) and the required removal of Underground Storage Tanks ("UST") shall be $100.00.
(f) 
The cost of the demolition charge of $100.00 as listed in paragraph (e) above shall be waived for fuel-oil storage tanks used in con-junction with home-heating oil conversions to other than oil-fueled appliances.
2. 
The fee for a permit to construct a sign shall be as follows:
(a) 
Facade signs shall be $4.00 per square foot.
(b) 
Fees for freestanding signs shall be $4.00 per square foot for the first 100 square feet, $3.00 per square foot for the next 400 square feet and $2.00 per square foot thereafter.
(c) 
Fees for ground signs or wall signs shall be $1.00 per square foot for the first 100 square feet, $1.50 per square foot for the next 400 square feet and $1.00 per square foot thereafter.
(d) 
The minimum fee shall be $75.00 for all signs.
3. 
The fee for a certificate of occupancy shall be in the amount often 10 percent of the construction permit fee that would be charged by the Township pursuant to these regulations. The minimum fee shall be $125.00, 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 $100.00.
(a) 
The fee for a certificate of occupancy granted pursuant to a change of use group shall be $200.00.
(b) 
The fee for a certificate of continued occupancy shall be $200.00.
(c) 
There shall be no fee for a temporary certificate of occupancy.
4. 
The fee for construction of a swimming pool shall be as follows:
(a) 
Aboveground:
Building: $150.00
Electrical: $100.00 - (Bonding and grid) $50.00
Plumbing: $75.00
(b) 
Inground:
Building: $750.00
Electrical: $200.00 - Bonding and grid) $50.00
Plumbing: $75.00
Certificate of Occupancy: $100.00 minimum
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 $100.00.
(b) 
The fee for 21 to and including 100 heads the fee shall be $150.00.
(c) 
For 101 to and including 200 heads the fee shall be $275.00.
(d) 
For 201 to and including 400 heads the fee shall be $800.00.
(e) 
For 401 to and including 1,000 heads the fee shall be $1,000.00.
(f) 
For over 1,000 heads the fee shall be $1,500.00.
2. 
Smoke Detectors.
(a) 
The fee for 12 or fewer smoke detectors shall be $75.00.
(b) 
For each 25 detectors in addition to this, the fee shall be in the amount of $25.00.
3. 
The fee for each standpipe shall be $250.00.
4. 
The fee for installation of oil tanks shall be $100.00.
5. 
The fee for a chimney liner is $75.00.
6. 
The fee for installation of fuel and/or diesel tanks shall be $1000.00.
7. 
The fee for each independent pre-engineered system shall be $125.00.
8. 
The fee for each gas or oil fired appliance that is not connected to the plumbing system shall be $75.00.
9. 
The fee for each kitchen exhaust system shall be $75.00 residential and $150.00 commercial.
10. 
The fee for each incinerator shall be $365.00.
11. 
The fee for each crematorium shall be $365.00.
12. 
For cross-connections and backflow preventers that are subject to testing, requiring reinspection every three months, the fee shall be $75.00 for each device when they are tested (thrice annually) and $200.00 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:
1. 
$275.00 for one- and two-family homes (R-5 Use Groups) and for light commercial structures having the indoor temperature controlled from a single point, and $1,370.00 for all other structures.
2. 
$75.00 fee for gas, oil, electric, solar or other heating systems.
h. 
Variations.
1. 
The fee for an application for a variation in accordance with N.J.A. 5:23-2.10 shall be:
2. 
$595.00 for Class I structures and $120.00 for Class II and III structures. The fee for resubmission of an application for a variation shall be $230.00 for Class I structures and $100.00 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 $432.00 and shall be paid by check or money order, payable to the "Treasurer, State of New Jersey."
i. 
Asbestos Fees—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.
(a) 
An administrative fee of $84.00 for each construction permit issued for an asbestos hazard abatement project.
(b) 
An administrative fee of $17.00 for each certificate of occupancy issued following the successful completion of an asbestos hazard abatement project.
j. 
Lead Hazard Abatement Work.
1. 
The fee for lead hazard abatement work shall be $140.00.
2. 
The fee for a lead abatement clearance certification shall be $28.00.
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:
(a) 
Semi-Annual Inspection (Six Months Routine):
Traction and drum elevators
1-10 floors
$150.00 ea.
10+ floors
$200.00 ea.
Hydraulic elevators
$110.00 ea.
Roped hydraulic elevators
$150.00 ea.
Escalators, moving walks
$150.00 ea.
(b) 
Annual Inspections (One Year Periodic):
Traction and drum elevators
1-10 floors
$220.00 ea.
10+ floors
$260.00 ea.
Hydraulic elevators
$160.00 ea.
Roped hydraulic elevators
$220.00 ea.
Escalators, moving walks
$350.00 ea.
Dumbwaiters
$100.00 ea.
Man lifts, wheelchair and stairway chairlifts
$130.00 ea.
(c) 
Auxiliary Device Charge if Included:
Oil buffers
$ 50.00 ea.
Counterweight governor and safeties
$ 90.00 ea.
Auxiliary power generator
$ 60.00 ea.
(d) 
Three-Year Inspections:
Hydraulic and roped hydraulic elevators
$300.00 ea.
(e) 
Five-Year Inspections:
Traction elevators
1- 10 floors
$370.00 ea.
10+ floors
$410.00 ea.
Hydraulic/roped hydraulic elevators
$170.00 ea.
(f) 
Acceptance Inspections:
Traction and drum elevators
1 -10 floors
$250.00 ea.
10+ floors
$460.00 ea.
Hydraulic elevators
$220.00 ea.
Roped hydraulic elevators
$250.00 ea.
Escalators/moving walks
$220.00 ea.
Dumbwaiters
$ 60.00 ea.
Stair lifts
$ 60.00 ea.
Wheelchair lifts
$ 60.00 ea.
Man lifts
$ 60.00 ea.
Elevator devices in Use Group R3 or R4
$160.00 ea.
Alterations
$ 60.00 ea.
(g) 
Auxiliary Device Charges if Included:
Oil buffers
$ 50.00 ea.
Counterweight governor and safeties
$110.00 ea.
Auxiliary power governor
$100.00 ea.
(h) 
Plan Review Fees - 6 and 7:
Single family access use Group R2
$ 50.00 ea.
Use Group R3 and R4
$ 50.00 ea.
All other use groups
$260.00 ea.
l. 
Penalties. Penalties may be levied by an enforcing agency as follows:
1. 
Up to $ 1,000.00 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 $2,000.00 per violation;
2. 
Up to $2,000.00 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 $2,000.00 per violation for failure to comply with a stop construction order;
4. 
Up to $2,000.00 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 $500.00 per violation for any violation not covered under paragraph 1 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. 
1-25 workers (including foreman) shall be $670.00/worker. Each additional worker over 25 workers shall be $230.00/worker.
2. 
Prior to the issuance of the annual permit, a training registration fee of $140.00 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 $75.00.
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 $100.00 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 $.00265 per cubic foot of volume of new construction (new buildings and additions) and a surcharge fee of $1.35 per $1,000.00 times the cost of the alteration.
9. 
The fee of $50.00 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 $50.00 shall be charged by the Township to cover administrative costs associated with the closing and final disposition of such outstanding permits.
14. 
A fee of $35.00 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. 
Fee for closing an outstanding permit. In addition to any other fees provided in this subsection, an administrative fee of $50 shall be charged to close any permit which has remained outstanding more than three years or the current code cycle, whichever period is longer.
[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:
a. 
Already meets the design standard below to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in subsection 8-2.4 below prior to the completion of the project.
[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 paragraph, "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:
(a) 
A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inch.
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.