[HISTORY: Adopted by the Township Council
of the Township of West Milford as Ch. 12 of the 1976 Revised General
Ordinances. Amendments noted where applicable.]
A.
Established; composition; administrator. There is
hereby established in the Township a State Uniform Construction Code
enforcing agency to be known as the "West Milford Township Uniform
Construction Code Enforcing Agency," consisting of a Construction
Official, building subcode official, plumbing subcode official, electrical
subcode official, fire protection subcode official, and such other
subcode officials for such additional subcodes as the Commissioner
of the Department of Community Affairs, State of New Jersey, shall
hereafter adopt as part of the State Uniform Construction Code. The
Construction Official shall be the chief administrator of the enforcing
agency.
B.
Qualifications for official position. Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, N.J.S.A. 52:27D-119 et seq., 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 contact 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, N.J.S.A. 52:27D-119 et seq., and N.J.A.C. 5:23 to hold each such position.
C.
Public business at one location. 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.
Biannual fee schedule report. The Construction Official
shall, with the advice of the subcode officials, prepare and submit
biannually to the Township Council a report recommending a fee schedule
based on the operating expenses of the agency, and any other expenses
of the Township fairly attributable to the enforcement of the State
Uniform Construction Code Act.
[Amended 4-16-1986 by Ord. No. 1986-6; 9-19-1990 by Ord. No.
1990-32; 11-21-1990 by Ord. No. 1990-42; 2-20-1991 by Ord. No.
1991-11; 12-18-1991 by Ord. No. 1991-66; 8-20-1992 by Ord. No.
1992-32; 6-16-1999 by Ord. No. 1999-19; 12-19-2001 by Ord. No.
2001-46; 4-3-2002 by Ord. No. 2002-9; 9-4-2002 by Ord. No. 2002-32; 8-6-2003 by Ord. No. 2003-33; 9-21-2005 by Ord. No. 2005-14; 6-28-2006 by Ord. No. 2006-005; 12-5-2007 by Ord. No. 2007-030]
Fees related to the uniform construction codes are located in Chapter 135, Fees and Costs.
A.
Established; composition. There is hereby established
a Construction Board of Appeals to hear appeals from decisions by
the enforcing agency. Such Board shall consist of five members. At
least one Board member shall be a registered architect or licensed
professional engineer of building construction experience, and at
least one Board member shall be as qualified as a plumbing subcode
official, and one as qualified as an electrical subcode official.
No more than two Board members shall be selected from the same business
or profession. Each Board member shall have had at least three years'
experience in construction, design or supervision as a licensed engineer
or registered architect; or, in the alternative, five years' experience
in construction, design or supervision as an architect or engineer
with a bachelor's degree in architecture or engineering, respectively,
from an accredited institution of higher education; or, as a further
alternative, 10 years' experience in construction, design or supervision
as a journeyman in a construction trade or as a construction contractor,
subcontractor or inspector.
B.
Appointment; term; vacancies. The Township Council
shall appoint the Board members and any alternate members. For the
members first appointed, the Township Council 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. At the expiration of such terms
and thereafter, appointments shall be made for terms of four years.
Vacancies shall be filled for the unexpired term.
C.
Alternates. The Township Council shall appoint such
number of alternates, as may be appropriate, for terms not to exceed
four years; or may, in the alternative, appoint alternates on a case-by-case
basis.
D.
Disqualification. No regular or alternate Board member
may be a member of the enforcing agency, the decisions of which are
subject to the review of the Board.
E.
Compensation. Regular or alternate Board members shall
serve without compensation.
[Amended 9-17-1986 by Ord. No. 1986-24; 6-15-2022 by Ord. No. 2022-026]
The following procedure shall be followed for detached single-family
dwellings, accessory structures, garages or other qualified improvements
of residential properties as described herein.
A.
General provisions.
(1)
Prior to submitting a building permit for any single-family dwelling,
accessory structure or garage, the applicant for the permit shall
submit a lot development plan to the Department of Planning and Building
for Township approval.
[Amended 8-15-2022 by Ord. No. 2022-039]
(2)
A lot development plan shall be required for all new residential construction, including dwellings, additions, accessory buildings and other impervious surfaces that result in the creation of 500 square feet or more of impervious area, disturb more than 2,500 square feet of land area (see definition of minor development in § 470-73, Definitions) or if 50% or more of the existing foundation requires replacement (as determined by the Construction Official).
(a)
A lot development plan shall be required if designated as a
condition of approval of other municipal permitting.
(3)
The
lot development plan must be prepared in accordance with New Jersey
law, N.J.A.C. 13:40-7.1 through 13:40-7.3. If a survey is referenced,
a copy must be submitted with the lot development plan and shall be
confirmed to be a true copy of an original sealed survey by the Building
Department.
(4)
Six
copies of the lot development plan for new construction and four copies
of the lot development plan for additions and/or accessory structures
and garages, signed and sealed by the preparer(s), are to be submitted
to the West Milford Township Department of Planning and Building along
with applicable fees and any prior approvals
(5)
The
acknowledgement of environmental constraints shall be signed by the
property owner and provided in the lot development plan application.
(6)
The Acceptable Soil Fill Material Certification Form (as per § 460-26) shall be provided in the lot development plan application, if applicable.
(7)
For projects that disturb more than 5,000 square feet, approval by
the Hudson Essex Passaic Soil Conservation District, by way of plan
certification, or determination of nonapplicability if less than 5,000
square feet, shall be required prior to the issuance of a building
permit.
B.
Engineering specific requirements (application and/or lot development
plan).
(1)
Name, address, email and telephone number of the owner and/or applicant.
(2)
Tax map block and lot of the property in question.
(3)
The zone, the building envelope and perpendicular offsets to any
existing and/or proposed structures. A zoning chart shall compare
required, existing and proposed conditions.
(4)
The property boundary survey along with any existing and/or proposed
easements.
(5)
Existing topography at two-foot contour intervals, using the North
American Vertical Datum 1988 (NAVD88).
(6)
All waterways (swales, brooks, streams, ponds, lakes, etc.), major
rock formations and any other notable natural features.
(7)
All existing and proposed drainage structures, drywells, pipes, curbs,
retaining walls, sidewalks and the edge of pavement/traveled way within
the property and within the street right-of-way.
(8)
The location of the existing and/or proposed well, septic system,
sanitary sewer (with existing and proposed elevations), and public
water as well as surrounding wells and septic systems if impacted
by the proposed improvements.
(9)
The FEMA special flood hazard area (elevation and designation), if
impacting the proposed improvements. The lot development plan shall
specify the absence of such if none.
(10)
NJDEP wetlands, wetland transition areas and stream classification
(with riparian buffers), if applicable as per N.J.A.C. 7:7A and N.J.A.C.
7:13. The lot development plan shall specify the absence of such if
none. Provide documentation as needed.
(11)
All soil erosion control devices in accordance with the Hudson
Essex Passaic Soil Conservation District and the Standards for Soil
Erosion and Sediment Control in New Jersey. Minimum provisions include
but are not limited to filter fabric fences, inlet filters (where
applicable), and a stone construction entrance.
(12)
All proposed retaining walls (including elevations, top and bottom) must be shown. Wall heights shall not exceed the limits defined in § 500-68, Fences, walls and sight triangles, of the Township Code.
(13)
The proposed limit of disturbance line and total area, in square
feet, of disturbance.
(14)
The existing and proposed area of impervious surface.
(15)
The proposed elevations of the following key locations:
(16)
Construction details shall be provided for all proposed site
improvements.
(17)
No improvements other than access driveways, utility service
and the like shall be permitted within the right-of-way.
(18)
The sight distance for proposed driveways shall be shown and must meet the required sight distance for the posted speed, as defined in § 500-76, Vehicular circulation, of the Township Code.
(19)
The sight distance for existing driveways shall be addressed,
when required, prior to final approval.
(20)
The sight distance for intersecting streets (corner lots) shall
be shown and must meet the required sight distances as defined in
AASHTO (American Association of State Highway and Transportation Officials).
(21)
Flood hazard area regulations as per N.J.A.C. 7:13, including
but not limited to flood hazard areas, riparian zones and associated
buffers. Provide documentation as needed.
(22)
New Jersey Highlands rules and regulations as per N.J.A.C. 7:38.
C.
Engineering design standards.
(1)
The driveway location (if applicable) with the proposed center line
percent of grade and typical section must be shown and meet the following
conditions:
(a)
Driveways must maintain a maximum 5% grade for 25 feet from
the edge of pavement/traveled way. Any driveway accessing a county
road must meet county standards prior to final approval. A county
driveway permit is required before a lot development permit will be
issued. Provide documentation as needed.
(b)
The maximum allowable driveway grade is 16%. For driveways that
exceed 10% grade, a two-car parking area (at less than 10% grade)
must be provided, near the street and outside of the right-of-way.
(c)
A driveway turnaround must be provided for driveways constructed
on arterial and collector roads. Driveway turnarounds may be required
on local roads, as per the Township. Driveway turnarounds shall be
a maximum of 30 feet wide.
(d)
Driveways shall be 15 feet wide, maximum, except for turnarounds,
off-street parking areas and garage areas.
(e)
Driveways shall be paved, or approved equal, a minimum of 50
feet, beginning at the edge of pavement/curbline of the street, including
off-street parking (if applicable).
(f)
Driveway pavement shall be a minimum of two-inch-thick hot mix
asphalt over four-inch-thick, compacted, dense graded aggregate. Other
driveway surfaces may be accepted, upon the approval of the Township.
(g)
Driveway pavement will not be required for unpaved streets but
must be constructed of a minimum four-inch-thick, compacted, dense
graded aggregate.
(h)
Driveway entrances shall be designed to be as near perpendicular
to the street and sloped to pervious areas.
(i)
Safety protection/guiderails must be provided along driveway
side slopes in fill areas when there is a two-foot or greater drop
within 10 feet of the edge of the driveway.
(j)
Where driveway curb cuts are needed, a full depth drop curb
is required.
(2)
Due to the increase in impervious area, drywell(s) will be required for all lot development plans where the impervious surface increases by 500 square feet or more. If information is provided that soil conditions make drywells infeasible, alternative designs for infiltration, rain gardens, etc., may be submitted for review and approval. Roof leaders, subsurface drains and/or concentrated stormwater runoff shall be tied into or directed to the drywell(s). Provisions must be shown for drywell overflow. Drywell(s) shall be sized as per § 470-74B(2). Drainage calculations shall be provided. The minimum separation between any well or septic field and drywell shall be 50 feet.
(3)
New concentrated stormwater discharge points to adjoining properties
are not permitted.
(4)
All disturbed areas must be stabilized at a maximum 2:1 slope.
(5)
Retaining walls greater than four feet in height must be approved
by the Construction Official. Structural calculations shall be prepared
by a licensed professional engineer in the State of New Jersey if
required by the Construction Official. Approval by the Construction
Official may be required if the distance between two walls is less
than twice the combined wall height and the combined wall height greater
than four feet.
(6)
All soil erosion and sediment control measures shall be designed
and installed in accordance with the Standards for Soil Erosion and
Sediment Control in New Jersey and any applicable prior approvals.
D.
Review of lot development plan.
(1)
All lot development plans shall be reviewed by the Department of
Planning and Building, Zoning Department, Engineering Division and
Department of Health.
(a)
The Engineering Division shall review all lot development plans as defined to be minor development as per § 470-73 within 10 working days of receipt from the preceding reviewing agency. The review shall determine if the applicant has completed all requirements and provisions herein mentioned by Subsections A through C. Upon making such determination, the Engineering Division shall forward the findings to the next reviewing agency.
(c)
Inspections shall be required for improvements to the infrastructure
within a Township right-of-way.
(2)
No building permit shall be submitted unless the Construction Official
receives approval from all reviewing agencies.
E.
Relocation.
(1)
If, after excavation of the property shown on the lot development
plan, subsurface conditions, by way of rock shelf, high water table
or other natural obstacles, shall prevent the location of the improvements,
as shown on the lot development plan, and it is necessary to move
the location of the improvements, including vertical changes, or stormwater
mitigation provisions to a place other than shown on the lot development
plan, then the applicant shall communicate with the Department of
Planning and Building, Engineering Division and Department of Health
and notify the Township of the intent for relocation. All construction
activity, other than that occurring to mitigate and maintain the ongoing
impact to the property and adjacent properties, shall cease until
submission and approval of a revised lot development plan in accordance
with all aforementioned statutes and ordinances. Any conditions of
approval as determined by the reviewing agencies as part of the review
shall be satisfied.
F.
Issuance of certificate of occupancy; as-built survey requirements.
(1)
Any application for residential construction requiring a lot development
plan will require an as-built survey prepared by a New Jersey licensed
land surveyor. The application shall comply with the following:
(a)
All conditions of approval during the Township review of the
lot development plan shall be completed.
(b)
Four signed and sealed copies of the as-built survey shall be
provided in aforesaid application.
(c)
The as-built survey must show the following (where applicable):
[1]
The location of all buildings with perpendicular offsets to
the property lines.
[2]
The first floor, roof ridge and/or garage floor elevations.
[3]
The location of the septic system (field and tanks).
[4]
The location of the sewer lateral and water service line (if
applicable).
[5]
The location of the potable well(s).
[6]
The location and the percent of grade for the driveway, parking
areas and turnaround.
[7]
All drainage improvements, including inlets, pipes, swales,
drywells, etc., with grade elevations.
[8]
Finished contours and/or spot elevations where the grading has
deviated from the approved lot development plan and in areas to demonstrate
proper grading.
[9]
The post-development sight distance for driveways (where applicable).
[10]
The total post-development impervious area. If improvement items
remain, a separate note shall be included indicating the additional
remaining impervious area.
[11]
For all retaining walls greater than four feet in height, three
copies of a certification, signed and sealed by a New Jersey licensed
professional engineer, must be submitted stating that the wall(s),
in its as-built condition, is structurally sound and stable.
[12]
Any conditions determined as part of the Township approval.
(2)
All as-built surveys shall be reviewed by the Department of Planning
and Building, Engineering Division and Department of Health.
(3)
Incomplete as-built survey items or site improvements may be bonded
for at the discretion of the Township. Safety items and road improvements
will not be eligible for bonding. An IRS Form W-9 must be provided
with the bond. All bonds and requisite documentation are to be submitted
to the Finance Department.
(4)
In the event that the Township review shall find that the premises,
as completed by the applicant, shall not have been in substantial
compliance with the lot development plan submitted showing the aforementioned
items to be completed or safety items remain incomplete, such report
shall be forwarded to the Department of Planning and Building, and
a copy to the applicant, and no certificate of occupancy shall be
issued until substantial compliance with the work on the site, in
accordance with the approved lot development plan for the building
permit, shall have been made.
G.
Waivers and exceptions.
(1)
Standards for relief. Waivers from strict compliance with the stormwater engineering design standard of Subsection C(2) shall only be granted upon showing that meeting the standards would result in an exceptional hardship on the applicant, that subsurface conditions are not conducive to the required standard, or that the benefits to the public good of the deviation from the standards would outweigh any detriments of the deviation. A hardship will not be considered to exist if reasonable reductions or alterations to the scope of the project would eliminate the noncompliance. All requests for relief shall be submitted on behalf of the applicant by a New Jersey licensed engineer.
(2)
Exceptions. A lot development plan shall not be required for a proposed
addition, accessory structure or garage if such proposed improvement
would result in the creation of impervious area of less than 500 square
feet, disturbs less than 2,500 square feet of land area, or if less
than 50% of the existing foundation requires replacement (as determined
by the Construction Official), if applicable.
A.
The Township shall be divided into two fire districts
as described in the code, Fire District No. 1, which shall include
all areas of the Township designated as industrial zones according
to the Zoning Maps of the Township, and Fire District No. 2, which
shall include all other areas of the Township.
B.
The fire and general safety requirements as provided
for in the code, together with any amendments or supplements, shall
be enforced therein. Nothing in this code shall invalidate any provisions
of the Fire Prevention Code as adopted by the Township.[1] In the event of any conflict, the code with the greater
standard shall prevail.
C.
The Building Division of the Planning and Building
Department in the enforcement of the fire and general safety requirements
shall consult with the Bureau of Fire Prevention and the Division
of Fire Suppression in seeking their aid and assistance in carrying
out the provisions of this code.
[Added 12-17-1997 by Ord. No. 1997-22]
No person shall be charged a construction permit
surcharge fee or enforcing agency fee for any construction, reconstruction,
alteration or improvement designed and undertaken solely to promote
accessibility by disabled persons to an existing public or private
structure or any of the facilities contained therein.
[Amended 5-7-2008 by Ord. No. 2008-019; 12-7-2011 by Ord. No.
2011-016]
A.
Applicability. All applicants for zoning, building and/or construction
permits for a property located within the boundaries of a lake community
in the Township of West Milford shall, in addition to the requirements
for obtaining zoning, building and/or construction permits through
the Township Planning and Building Department ("Department"), and
pursuant to the Uniform Construction Code and/or the Land Development
ordinances of the Township of West Milford, provide proof to the Department
that they have provided notice to the respective property owners'
association of the filing of an application for a zoning, building
and/or construction permit. For purposes of this section, "properties
within the boundaries of a lake community" shall be defined as those
properties (consisting of blocks and lots) contained on the Township's
Lake Community Master List, which is on file with the Township's Building
Department.
B.
Proof of the notice required by Subsection A, above, shall be the submission of a receipt that the notification was sent certified mail, return receipt requested. Such proof may be established by presenting a receipt of certified mail shipped by the United States Post Office.
C.
Applications for zoning, building and or construction permits for properties located in lake communities which are not accompanied by the proof of notice required pursuant to Subsections A and B of this section will be deemed incomplete and will not be considered until such proof of notice has been provided.
D.
The provisions of Subsections A and B above shall include, but not be limited to, applications for a permit to construct a deck, wall, fence, shed or any other structure or improvement on a lot but shall not otherwise apply to those applications for zoning, building and/or construction permits which do not, in any manner, involve the construction or erection of a structure or improvement or increase the lot coverage or impervious coverage of a lot.
E.
Enforcement. The provisions of this section shall be enforced by
the Township Construction Code Official, the Zoning Official and/or
his or her respective designee.
F.
Violations and penalties. Any person or persons, firm, association or corporation violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties imposed in Chapter 1, Article III, General Penalty, of the Township Code. For the purposes of this chapter, failure to provide the required proof of notice for each application for a zoning, building or construction permit for a property subject to the terms of this chapter shall be considered a separate offense.
