[Ord. #14-2008 § 1; Ord. #12-2010, §§ I,
II; Ord. #22-2010; Ord. #2011-12; Ord. #2013-5; amended 8-13-2019 by Ord. No. 2019-19]
a. Township Fees.
1. Plan review fee: The fee for plan review shall be 20% of the amount to be charged for a new construction permit, except that elevator device plan review shall be as in Subsection
k below.
2. Fees for new construction are as follows:
(a)
For new construction and additions, the fees are based on volume
in cubic feet. The fee shall be $0.075 per cubic foot. The minimum
fee shall be $300 for use R-5 and $500 for all other use groups.
(b)
Fees for new construction shall be based upon the volume of
the structure. Volume shall be computed in accordance with N.J.A.C.
5:23-2.28. The new construction fee shall be in the amount of .075
per cubic foot of volume for buildings and structures of all use groups
and types of construction.
(c)
Fees for renovations, alterations and repairs shall be based
upon the estimated cost of the work. The fee shall be in the amount
of $50 per $1,000 with a minimum fee of $100. For the purpose of determining
estimated cost, the applicant shall submit to the Township, such cost
data as may be available by the architect or engineer of record, or
by a recognized estimating firm, or by the contractor. A bona fide
contractor's bid, if available, shall be estimated. The Township shall
make the final decision regarding estimated cost.
(d)
Fees for additions shall be computed on the same basis as for
new construction for the added portion.
(e)
Fees for combination renovations, additions and heating devices not in conjunction with the primary heating source, which include but are not limited to, fireplaces, zero-clearance fireplaces, wood burning stoves and the like, shall compute as the sum of the fees computed separately in accordance with Subsection
a2(c) and
(d) above.
(f)
The fee for tents, in excess of 900 square feet, or more than
30 feet in dimension shall be $250.
b. Plumbing Fixtures and Equipment. The fees shall be as follows:
1. The fee shall be in the amount of $35 per fixture connected to the
plumbing system for all fixtures and appliances and central-air-conditioned
units.
2. The fee shall be in the amount of $200 per special device for the
following: grease traps, oil separators, water-cooled air-conditioning
units, refrigeration units, sewer pumps, and interceptors.
3. The fee for domestic water heaters shall be in the amount of $100
unless in conjunction with a permit whereas the fee shall be $50.
Scotch Plains residents over 62 years of age will have this $100 water
heater fee waived.
4. The fee for furnaces and oil burners shall be in the amount of $150.
5. Backwash discharge and pool heaters for all pools shall be $75.
6. Trap primer shall be $50.
8. The fee for fuel oil piping shall be $75 per connected device.
[Amended 6-15-2021 by Ord. No. 2021-10]
9. The fee for gas piping shall be in the amount of $75 per connected
device.
[Amended 6-15-2021 by Ord. No. 2021-10]
10. The fee for back flow preventers shall be in the amount of $150 unless
the device is less than 1 1/4 inches in size, whereas the fee
shall be $50.
11. Sewer capping, water line capping shall be $200.
12. The sewer construction permit or repair fee shall be $500 plus street opening permit (See Chapter
15).
13. The septic system permit or repair fee shall be $500.
14. The water line permit shall be $100 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 $100. For each 25 receptacles or fixtures in addition to this,
the fee shall be in the amount of $50. For the purpose of computing
this fee, receptacles or fixtures shall include lighting outlets,
wall switches, fluorescent fixtures, convenience receptacle or similar
fixture, and motors or devices of less than one horsepower or kilowatt.
2. One-half horsepower to 10 horsepower: $50.
3. Ten and one-tenth (10.1) horsepower to 25 horsepower: $75.
4. Twenty-five and one-tenth (25.1) horsepower to 50 horsepower: $100.
5. Fifty and one-tenth (50.1) horsepower to 75 horsepower: $125.
6. Seventy-five and one-tenth (75.1) horsepower to 100 horsepower: $150.
7. One hundred and one-tenth (100.1) horsepower and larger: $500.
8. Transformers and Generators/Transfer Switches.
(a)
One kilowatt to 10 kilowatts: $100.
(b)
Ten and one-tenth (10.1) kilowatts to 50 kilowatts: $125.
(c)
Fifty and one-tenth (50.1) kilowatts to 112 1/2 (112.5) kilowatts:
$200.
(d)
One hundred twelve and six-tenths (112.6) kilowatts and larger:
$500.
9. Low Voltage Service Equipment.
(b)
Alarms, all other use groups: $125 up to 25 contacts; additional
contacts shall be charged at a rate of $40 for each additional 25
contacts or fraction of the same.
(c)
Data: One to 50: $100; each additional 25 connections, $50.
(d)
High voltage service, minimum fee: $800.
(e)
For photovoltaic systems, the fee shall be based on the designated
kilowatt rating of the solar photovoltaic system as follows, as well
as the number of Arrays, fixtures/devices and panels.
(1)
One to 50 kilowatts, the fee shall be $75.
(2)
Fifty-one to 100 kilowatts, the fee shall be $200.
(3)
Greater than 100 kilowatts, the fee shall be $450.
10. Service and Subpanels.
(a)
Service boxes, service entrance, subpanels, panels or the relocation
of panels and sub-panels and/or repairs of such items shall be subject
to the following fees:
(1)
For service panels and/or repair, not over 100 amps, the fee
shall be $100 including the installation of up to 10 fixtures or receptacles.
(2)
From 100 amps to 150 amps the fee shall be $125, including the
installation of up to 10 fixtures or receptacles.
(3)
From 151 amps to 200 amps the fee shall be $150, including the
installation of up to 10 fixtures or receptacles.
(4)
From 201 amps to 1,000 amps the fee shall be $400 including
the installation of up to 10 fixtures or receptacles.
(5)
Over 1,001 amps the fee shall be $1,000 and shall include the
installation of up to 10 fixtures or receptacles.
11. Additional electrical fees.
(a)
The fee for central air-conditioning shall be in the amount
of $100.
(b)
The fee for burglar alarms and intercom panels shall be in the
telephone and low voltage wiring in the amount of $75.
(c)
The fee for whirlpool motors shall be $50 each.
(d)
The fee for electric water heaters shall be $50 each. Scotch
Plains residents over age 62 shall have this electric water heater
fee waived.
(e)
The fee for baseboard heat shall be $50 per device.
(f)
The fee for motors shall be in the amount of $50 each and shall
include the following: heat pumps, miscellaneous, pumps and motors
used for heating systems (forced air, hot water boilers, furnaces)
of fractional horsepower.
(g)
The fee for light standards shall be $75 each.
(h)
Pool filter motors: shall be in the amount of $50 each.
(i)
Range: shall be in the amount of $50.
(j)
Oven: shall be in the amount of $50.
(k)
Surface unit: shall be in the amount of $50.
(l)
Dishwasher: shall be in the amount of $50.
(m)
Garbage disposal: shall be in the amount of. $50.
(n)
Dryer: shall be in the amount of $50.
(o)
Pool lights: shall be in the amount of $50.
(p)
Underground conduit or direct buried cable trenches: $50 up
to 50 feet, and then additional $25 for each additional 50 feet.
(q)
The fee for electric bonding of all pools, hot tubs and spas
shall be in the amount of $100.
(r)
Electric grid bonding for all pools, hot tubs and spas shall
be in the amount of $50.
d. Non-Use Lapse of Permits and Refunds.
1. No refund will be given after 30 days of issuance of a permit. Prior
to the 30 days of issuance, a 20% cost of the permit paid will be
held for plan review at the discretion of the Construction Code Official.
2. In the event a permit shall lapse by reason of time, the fee upon
application for renewal of a lapsed permit shall be the minimum fee
of $1,000.
e. Certificates and Other Permits.
1. Demolition and escrow.
(a)
The fee for a demolition permit for all one- and two-family
residential dwellings shall be $2,000.
(b)
The escrow fee to be posted and held by the Township for one-
and two-family residential structures shall be $1,000.
(c)
The fee for demolition for all other nonresidential structures
shall be $2,000.
(d)
The escrow fee to be posted and held by the Township for all
other structures shall be $2,000.
(e)
The fee for all other types of residential accessory structures,
such as, but not limited to, above-surface tanks, decks, sheds, swimming
pools (both in-ground and aboveground) and the required removal of
underground storage tanks (UST) defined to include any type of underground
storage vessel, man-made or manufactured, that contains any metal
for the purpose of holding, storing, or containing any products for
fuel oil or sewerage, or anything else that shall be removed in accordance
with the current provisions shall be $100.
[Amended 2-25-2020 by Ord. No. 2020-1]
(1)
Exception: This provision does not apply to drainage systems
used exclusively for site retention or detention.
[Added 2-25-2020 by Ord.
No. 2020-1]
(f)
The cost of the demolition charge of $100 as listed in Subsection
e1(e) above shall be waived for fuel-oil storage tanks used in conjunction 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 to $6 per square foot.
(b)
Fees for freestanding signs shall be $6 per square foot for
the first 100 square feet, $4.75 per square foot for the next 400
square feet and $3.50 per square foot thereafter.
(c)
Fees for ground signs or wall signs shall be $3 per square foot
for the first 100 square feet, $1.50 per square foot for the next
400 square feet and $1 per square foot thereafter.
(d)
The minimum fee shall be $100 for all signs.
3. The fee for a certificate of occupancy shall be in the amount often
10% of the construction permit fee that would be charged by the Township
pursuant to these regulations. The minimum fee shall be $200 except
for one- or two-family (Use Group R-5 of the Building Subcode) structures
of less than 5,000 square feet in area and less than 35 feet in height,
shall be $150.
(a)
The fee for a certificate of occupancy granted pursuant to a
change of use group shall be $300.
(b)
The fee for a certificate of continued occupancy shall be $300.
(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:
(2)
Electrical: $150; bonding and grid, $50.
(b)
In-ground:
(2)
Electrical $300; bonding and grid, $50.
(4)
Certificate of occupancy: $200 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.
(b)
The fee for 21 to and including 100 heads the fee shall be $150.
(c)
For 101 to and including 200 heads the fee shall be $300.
(d)
For 201 to and including 400 heads the fee shall be $1,000.
(e)
For 401 to and including 1,000 heads the fee shall be $1,500.
(f)
For over 1,000 heads the fee shall be $2,000.
2. Smoke detectors.
(a)
The fee for 12 or fewer smoke detectors shall be $100.
(b)
For each 25 detectors in addition to this, the fee shall be
in the amount of $25.
3. The fee for each standpipe shall be $250.
4. The fee for installation of oil tanks shall be $100.
5. The fee for a chimney liner is $100.
6. The fee for installation of fuel and/or diesel tanks shall be $1,000.
7. The fee for each independent pre-engineered system shall be $125.
8. The fee for each gas- or oil-fired appliance that is not connected
to the plumbing system shall be $100.
9. The fee for each kitchen exhaust system shall be $75 residential
and $150 commercial.
10. The fee for each incinerator shall be $365.
11. The fee for each crematorium shall be $365.
12. For cross-connections and backflow preventers that are subject to
testing, requiring reinspection every three months, the fee shall
be $75 for each device when they are tested (thrice annually) and
$200 for each device when they are broken down and tested (once annually).
g. The fee for plan review of a building for compliance under the alternate
systems and nondepletable energy source provisions of the energy subcode
shall be:
1. $383 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 $1,915 for all other structures.
2. $75 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.C.
5:23-2.10 shall be $821 for Class I structures and $120 for Class
II and III structures.
2. The fee
for resubmission of an application for a variation shall be $230 for
Class I structures and $168 for Class II and III structures.
3. No variations from the requirements of this subsection shall be made
except upon written approval from the administrative authority having
jurisdiction, after receiving a recommendation in writing from the
asbestos safety control monitor firm. Any variation shall be consistent
with N.J.A.C. 5:23-2 and the intent of this chapter.
4. The fee for an application for a variation for occupancy shall be
$432 and shall be paid by check or money order, payable to the "Treasurer,
State of New Jersey."
i. Asbestos Fees (N.J.A.C. 5:23-8.9.
1. The administrative authority having jurisdiction who issues the construction
permit and the certificate of occupancy for an asbestos hazard abatement
project shall establish, by regulation or ordinance, the following
flat fee schedule.
(a)
An administrative fee of $84 for each construction permit issued
for an asbestos hazard abatement project.
(b)
An administrative fee of $17 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 $196.
2. The fee for a lead abatement clearance certification shall be $39.
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):
(1)
Traction and drum elevators:
(i)
One to 10 floors: $150 each.
(ii) Ten or more floors: $200 each.
(2)
Hydraulic elevators: $110 each.
(3)
Roped hydraulic elevators: $150 each.
(4)
Escalators, moving walks: $150 each.
(b)
Annual inspections (one year periodic):
(1)
Traction and drum elevators:
(i)
One to 10 floors: $220 each.
(ii) Ten or more floors: $260 each.
(2)
Hydraulic elevators: $160 each.
(3)
Roped hydraulic elevators: $220 each.
(4)
Escalators, moving walks: $350 each.
(6)
Man lifts, wheelchair and stairway chairlifts: $130 each.
(c)
Auxiliary device charge if included:
(2)
Counterweight governor and safeties: $90 each.
(3)
Auxiliary power generator: $60 each.
(d)
Three-year inspections:
(1)
Hydraulic and roped hydraulic elevators: $300 each.
(e)
Five-year inspections:
(1)
Traction elevators:
(i)
One to 10 floors: $370 each.
(ii) Ten or more floors: $410 each.
(2)
Hydraulic/roped hydraulic elevators: $170 each.
(f)
Acceptance Inspections:
(1)
Traction and drum elevators:
(i)
One to 10 floors: $250 each.
(ii) Ten or more floors: $460 each.
(2)
Hydraulic elevators: $220 each.
(3)
Roped hydraulic elevators: $250 each.
(4)
Escalators/moving walks: $220 each.
(7)
Wheelchair lifts: $60 each.
(9)
Elevator devices in Use Group R3 or R4: $160 each.
(g)
Auxiliary device charges if included:
(2)
Counterweight governor and safeties: $110 each.
(3)
Auxiliary power governor: $100 each.
(h)
Plan review fees — 6 and 7:
(1)
Single-family access use:
(ii) Use Group R3 and R4: $70 each.
(iii) All other use groups: $365 each.
l. Penalties. Penalties may be levied by an enforcing agency as follows:
1. Up to $1,000 per violation for failure or refusal to comply with
any lawful order, unless the failure or refusal to comply is done
with the knowledge that it will endanger the life or safety of any
person, in which case the penalty shall be up to $2,000 per violation;
2. Up to $2,000 per violation for failure to obtain a required permit
prior to commencing construction or for allowing a building to be
occupied without a certificate of occupancy;
3. Up to $2,000 per violation for failure to comply with a stop construction
order;
4. Up to $2,000 per violation for willfully making a false or misleading
written statement, or willfully omitting any required information
or statement in any application or request for approval;
5. Up to $500 per violation for any violation not covered under Subsection
l1 through 4 above.
6. For purposes of this subsection, in an occupied building, a code
violation involving fire safety, structural soundness or the malfunctioning
of mechanical equipment that would pose a life safety hazard shall
be deemed to endanger the life or safety of a person. In an unoccupied
building, a code violation of a requirement intended to protect members
of the public who are walking by the property shall be deemed to endanger
the life or safety of a person.
7. All monies collected shall be collected under penalty provision of
the UCC. All penalties collected shall be retained by the Department
of Inspections and shall be placed in a special trust fund to be applied
to the cost to the department for training, technical support programs,
certification, new equipment and transportation. An independent fund
shall be set up and retained by the Director of Finance to be the
Trustee of this account.
m. Annual Permits. The fee to be charged for an annual construction
permit shall be charged annually. This fee shall be a flat fee based
upon the number of maintenance workers who are employed by the facility,
and who are primarily engaged in work that is governed by subcode.
Managers, engineers and clerical shall not be considered maintenance
workers for the purpose of establishing the annual construction permit
fee. Annual permits may be issued for building/fire protection, electrical
and plumbing. Fees shall be as follows:
1. One to 25 workers (including foreman) shall be $993/worker. Each
additional worker over 25 workers shall be $329/worker.
2. Prior to the issuance of the annual permit, a training registration
fee of $196 per subcode shall be submitted by the applicant to the
Department of Community Affairs, Construction Code Element, Training
Section, along with a copy of the Construction Permit (Form F-170).
Checks shall be made payable to "Treasurer, State of New Jersey."
n. General Provisions.
1. Receipt of a fully completed application for a permit, signed by
the applicant, is a prerequisite for issuance and to conduct inspections.
2. All fees set forth herein shall cover the cost of two inspections
made on any one application.
3. Each additional inspection on any one application shall require a
minimum re-inspection fee of $75.
4. An authorized representative of the applicant, as well as the licensed
contractors representative (plumbing and electric subcodes) shall
be present at the work site for each inspection to be made.
5. After-working hours or Saturday inspections may be scheduled at the
discretion of the inspector. The charge shall be $100 per hour with
a two-hour minimum in addition to the fees set forth in this chapter.
Payments shall be made payable to the Township of Scotch Plains.
6. The estimated cost (value) of work for any subcode shall include
all costs associated with the project, (N.J.A.C. 5:23-2.14). The costs
shall include all labor, materials and contractors profit. The amounts
entered on the permit application forms are subject to review by the
Construction Official, who may approve or modify them as necessary
using the latest addition of the Means Cost Data Guide.
7. The Construction Official shall, with the advice of the subcode officials,
prepare and submit to the Township Council biannually, a report recommending
a fee schedule based on the operating expenses of the agency, and
any other expenses of the municipality fairly attributable to the
enforcement of the State Uniform Construction Code Act.
8. In order to provide for their training, certification, and technical
support programs required by the Uniform Construction Code Act and
the regulations, the enforcing agency shall collect, in addition to
the fees specified above, a surcharge fee of $0.00371 per cubic foot
of volume of new construction (new buildings and additions) and a
surcharge fee of $1.90 per $1,000 times the cost of the alteration.
[Amended 6-15-2021 by Ord. No. 2021-10]
9. The fee of $64 per hour or part thereof shall be charged for all
plan review revisions. Said fee shall be remitted to the Township
of Scotch Plains at the time of the revision. No revision shall be
released until payment is received by the Township.
10. All fees associated with handicap accessibility for use group R-5
(single-family dwelling) shall be waived by the Township. The fees
associated shall be documented by a statement from a medical professional
stating that the installation of equipment is for a medical need and
or purpose associated with an occupant of the dwelling in question.
11. Newly constructed residential units that are to be legally restricted
to occupancy by households of low or moderate income shall be exempted
from the fees set forth in plan review and fees for new construction
and otherwise payable to the Township of Scotch Plains.
12. In the event the Department of Community Affairs determines the need
to add, increase, or delete, any of the aforementioned fees, the fee
schedule for the Department of Inspections for the Township of Scotch
Plains shall be automatically adopted and the new fees be implemented
accordingly, and published in the official Township newspaper.
13. In the event that there exist any outstanding permits at the time a smoke detector certification is applied for under Subsection
2-20.31 of this Code, an additional fee of $50 shall be charged by the Township to cover administrative costs associated with the closing and final disposition of such outstanding subcodes and permits.
[Amended 6-15-2021 by Ord. No. 2021-10]
14. A fee of $50 shall be charged for a change of contractor. This administrative
fee shall be charged whenever a change of contractor occurs during
the course of an open permit and the Township has to adjust its records
to identify the change of contractor.
15. All fees collected as outline above shall be collected in conformance
with N.J.A.C. 5:23-4.17(c)
[Ord. #10-2009 § I]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Township
of Scotch Plains as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. #10-2009 § II]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the test of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
a. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) — Shall mean a
conveyance or system of conveyances (including roads with drainage
systems, municipal street, catch basins, curbs, gutters, ditches,
man-made channels, or storm drains) that is owned or operated by the
Township of Scotch Plains, or other public body, and is designated
and used for collecting and conveying stormwater.
b. PERSON — Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
c. STORM DRAIN INLET — Shall mean an opening in a storm drain
used to collect stormwater runoff and includes, but is not limited
to, a grate inlet, curb-opening inlet, slotted inlet and combination
inlet.
d. WATERS OF THE STATE — Shall mean the ocean and its estuaries,
all springs, streams and bodies of surface or groundwater, whether
natural or artificial, within the boundaries of the State of New Jersey
or subject to its jurisdiction.
[Ord. #10-2009 § III]
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
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 subsection, "solid and floatable materials" means sediment, debris, trash and other floating, suspended or settleable solids. For exemptions to the standard see Subsection
8-2.4 below.
a. Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1. The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2. A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b. Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
c. This standard does not apply:
1. Where the municipal engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2. Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
(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.
[Added 7-24-2018 by Ord. No. 2018-23]
It is the intent of this chapter to protect and preserve the
public health, safety and welfare and security and quiet enjoyment
of residents and neighborhoods by:
a. Requiring all property owners, including lenders, trustees and service
companies, to properly maintain vacant and/or foreclosing properties;
and
b. Regulating the maintenance of vacant and/or foreclosing properties
in order to prevent blighted and unsecured properties.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When consistent with the context, words used in the present tense
include the future, words in the plural include the singular, and
words in the singular include the plural. The word "shall" is always
mandatory and not merely directory.
CREDITOR
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for the purposes of this chapter. For
purposes of this chapter, a creditor shall not include the State,
a political subdivision of the State, a State, county, or local government
entity or their agent or assignee, such as the servicer.
[Amended 12-13-2022 by Ord. No. 2022-34]
DAYS
Consecutive calendar days.
FORECLOSING
The process by which property, placed as security for a real
estate loan, is prepared for sale to satisfy the debt if the borrower
defaults.
PROPERTY
Any real estate, or portion thereof, located in the Township
of Union, including any improvements thereon.
RESIDENTIAL PROPERTY
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
SECURITY
Measures taken to ensure that the property is inaccessible
to unauthorized persons.
VACANT[Amended 12-13-2022 by Ord. No. 2022-34]
a.
With regard to any property, that no portion of the property
is legally occupied. A property shall not be deemed "vacant," for
purposes of this chapter where:
1.
There is a building on the property containing multiple units,
if any of the units are legally occupied;
2.
The legal occupant has temporarily left the property for vacation
or other purposes for a period not exceeding 180 days, possessing
both the intent to return and the legal right to return, such as a
residential property owner or tenant who resides in another municipality
or state for a portion of the year; or
3.
The building is under construction with current valid construction
permits, and work is being performed on the property on a regular
basis.
b.
A property shall be deemed vacant where any residential or commercial
building, which is not legally occupied by a mortgagor or tenant,
is in such condition that it cannot be legally reoccupied, and where
at least at least two of the following conditions exist:
1.
Overgrown or neglected vegetation;
2.
The accumulation of newspapers, circulars, flyers, or mail on
the property;
3.
Disconnected gas, electric, or water utility services to the
property;
4.
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
5.
The accumulation of junk, litter, trash, or debris on the property;
6.
The absence of window treatments such as blinds, curtains, or
shutters;
7.
The absence of furnishings and personal items;
8.
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
9.
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
10.
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
11.
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owner due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
12.
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by the municipal
authorities declaring the property to be unfit for occupancy and to
remain vacant and unoccupied;
13.
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
14.
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property;
15.
Any other reasonable indicia of abandonment.
[Amended 12-13-2022 by Ord. No. 2022-34]
a. The initial registration fee for each abandoned property shall be
$1,000. The fee for a second year renewal shall be $2,000, and $3,000
for each subsequent year thereafter.
b. If the property is required to be registered because of a summons and complaint action to foreclose was filed by the creditor, the fee shall be $500. If the property is vacant or abandoned pursuant to §
8-3.2 when the summons and complaint in an action to foreclose is filed or becomes vacant and abandoned at any time thereafter while the property is in foreclosure, an additional fee of $2,000 shall be assessed.
The enforcement authority shall have the authority to inspect
properties subject to this section for compliance and to issue summonses
for any violations.
Enforcement authority shall be vested in the Building Department,
the Construction Code Official, and his respective inspectors. The
Scotch Plains Police Department, the Department of Public Works and
the Health Officer and his respective inspectors shall also have enforcement
authority with respect to this section.
[Amended 12-13-2022 by Ord. No. 2022-34]
a. Any owner who is not in full compliance with this section or who
otherwise violates any provision of this section or of the rules and
regulations issued hereunder shall be subject to a fine of not less
than $500 and not more than $2,500. Every day that a violation continues
shall constitute a separate and distinct offense. A out-of-state creditor
who fails to appoint an in-state representative or agent pursuant
to § 13-3.5(a) shall be subject to a fine of $2,500 for
each day of the violation. Fines assessed under this section shall
be recoverable from the owner and shall be a lien on the property.
b. A violation found by the Municipal Court of the Township or any other
court of competent jurisdiction, excluding paragraph a. of this subsection,
shall be subject to a fine of $1,500 for each day of the violation.
Any fines imposed shall commence 31 days following receipt of the
notice of violation; except if the violation presents an imminent
risk to public health and safety, in which case any fines shall commence
11 days following receipt of said notice.
c. Any fee collected pursuant to §
8-3.6(a) shall be utilized by the Township for the further maintenance and regulation of abandoned properties. No less than 20% of any money collected pursuant to §
8-3.6(b) and §
8-3.10(a) shall be utilized by the Township for municipal code enforcement purposes.
Nothing contained herein shall prevent the Township from taking
action to abate a nuisance or correct a violation where the owner
or creditor, as applicable, has failed to abate the nuisance or correct
the violation on a vacant property or a property in foreclosure after
notice and the opportunity to abate or correct. In such situations,
the Township may impose a lien against the property for costs to correct
the violation or abate the nuisance. Such lien shall hereafter form
part of the taxes next to be assessed and levied upon said lands,
the same to bear interest at the same rate as such taxes to be collected
and enforced by the same officers and in the same manner as such taxes.
No governmental entity shall be required to register under this
chapter.