[Ord. No. 151 § 1]
There is hereby established in the Borough of Farmingdale a
State Uniform Construction Code enforcing agency to be known as The
Farmingdale 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 serve as the Chief Administrator of the Enforcing Agency.
[Ord. No. 151 § 1;
amended 7-21-2015 by Ord. No. 01-2015]
Each official position created 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 such position.
[Ord. No. 151 § 1]
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.
[New]
The Borough will not appoint a Board of Appeals but will leave
appeals to the jurisdiction of the County of Monmouth.
[Ord. No. 151 § 2; Ord. No. 13-89; Ord. 2/18/92; New; Ord. No. 99-01; Ord. No. 00-02; Ord. No.
03-02; Ord. No. 2009-03]
The fee for a construction permit shall be the sum of the subcode
and/or administrative and miscellaneous fees listed hereof and shall
be paid before the permit is issued.
a.
Building Subcode Fees:
1.
For new construction the fee shall be $0.040 per cubic foot of volume
for all buildings and structures except as follows: For single owner/single
tenant occupied large volume buildings of Use Group F and S the fee
for new construction shall be $0.040 per cubic foot of the first 500,000
cubic feet and $0.025 per cubic foot in excess of 500,000 cubic feet
of volume. For the purpose of computing these fees, additions to existing
buildings or structures shall be considered new construction.
[Amended 7-21-2015 by Ord. No. 01-2015]
2.
3.
The fee for a permit to install supplemental heating appliances (wood
or coal burning stoves, fireplaces, etc.) shall be as follows: $75
per appliance and shall include the installation of a chimney, flue
or vent. If applicable, the fee for such installation shall be computed
in addition to any and all fees for new construction or alterations.
[Amended 7-21-2015 by Ord. No. 01-2015]
4.
The permit fee to erect miscellaneous and temporary structures as
defined in Section 5:23-3.14(b) 22 of the New Jersey Administrative
Code and structures for which volume cannot be computed, such as open
framed masts and towers shall be as follows:
(a)
Tents, in excess of 900 square feet or more than 30 feet in
any direction shall be $100;
(b)
Temporary structures, accessory to Use Groups R-3 and R-5 shall
be $50 each; accessory to any other Use Group shall be $150 each;
(c)
The fee to erect communication towers or masts up to 80 feet
in height shall be $600 each; between the height of 81 and 120 feet,
the fee shall be $1,200 each; and for communication towers or masts
higher than 120 feet the fee shall be $1,800 each.
5.
Swimming pools. The fee for a permit to install an inground pool
shall be $250; the fee for a permit to install an above ground pool
shall be $75. These fees are in addition to any and all electrical
and plumbing fees, which may be required.
[Amended 7-21-2015 by Ord. No. 01-2015]
6.
The fee for a permit to reroof and/or siding (veneer) a structure
of Use Group R-3 and R-4 shall be $40 each. The repair or replacement
of wall or roof sheathing is included under such permit(s). The replacement
and/or altering supporting walls or roof framing is subject to additional
charges.
7.
The fee for a permit to demolish a building shall be computed as
follows: buildings of Use Groups R-3 and R-4 $100: miscellaneous and
accessory structures incidental to Use Groups R-3 and R-4 $20; buildings
and structures of all other use groups $200.
8.
The permit fee for the removal of a building or structure from one
lot to another or to a new location on the same lot shall be the fee
for the new foundation based on volume, computed in accordance with
paragraph a1 plus the fee based on the estimate cost of the alteration
of the building (if any) or structure moved, computed in accordance
with paragraph a2 of this section.
9.
The fee for a permit to construct a sign shall be $30. In the case
of a double-faced sign, the area of the surface of only one side of
the sign shall be used for purposes of the fee computation.
10.
The fee for a permit to construct a deck for Use Group R-3 and R-5
shall be computed at $0.40 per square foot.
[Amended 7-21-2015 by Ord. No. 01-2015]
11.
The fee to erect a retaining wall for Use Groups R-3 and R-5, 500
feet in length or less will be $75; any wall longer than 500 feet
will be $150. All other Use Groups, the fee will be based on alteration
fees.
b.
Plumbing Subcode Fees.
1.
Fixtures and Appliances: The installation of plumbing per fixture
or stack shall include but not be limited to: water closets, urinals,
bidets, bathtubs, shower stalls, laundry tubs, floor drains, drinking
fountains, dishwashers, cloths washers, water heaters, roof drains,
hose bibs, indirect connections, backflow preventers for R-3 and R-5
residential boilers, or similar devices shall be as follows:
[Amended 7-21-2015 by Ord. No. 01-2015]
2.
Special Devices: The installation of special devices shall include
but not be limited to: grease traps, oil separators, refrigeration
units, water service and sewer connections (on multiple units the
fee is per unit), backflow preventers with test ports, reduce pressure
zone backflow preventers with test ports, pressure vacuum breaker
with chemical injector, steam boilers, hot water boilers (excluding
those for domestic water heating), active solar systems, interceptors,
fuel oil piping (other than R-3 and R-5), L.P. tanks (under 2,000
gallons), or similar devices, the fee shall be as follows:
[Amended 7-21-2015 by Ord. No. 01-2015]
3.
Air Condition: The installation of air condition for R-3 and R-5,
the fee shall be as follows:
[Amended 7-21-2015 by Ord. No. 01-2015]
(a)
Per unit: $40.
4.
Gas Piping: The installation of each appliance connected to the gas
piping system, the fee shall be as follows:
[Amended 7-21-2015 by Ord. No. 01-2015]
(a)
Per fixture and appliance: $15.
6.
Annual Backflow Certification: The minimum fee for annual backflow
certification shall be as follows:
[Amended 7-21-2015 by Ord. No. 01-2015]
(a)
Per device: $75.
8.
Modular and Premanufactured Structures: The construction permit is
based on the estimate cost of the plumbing tech, external utilities
connections and HVAC system, the fee shall be as follows:
[Amended 7-21-2015 by Ord. No. 01-2015]
(a)
Per structure: $25 per $1,000.
9.
Septic Tank Abandonment: The fee for abandonment of a septic tank
shall be as follows:
(a)
Per tank: $65.
10.
L.P. Tanks on Construction Sites: The fee for temporary L.P. tanks
on construction sites shall be as follows:
|
DOT tanks:
| |
|
1 to 10 tanks
|
$65
|
|
10 to 20 tanks
|
$130
|
|
Over 20 tanks
|
$195
|
|
ASME tanks: per tanks
|
$65
|
c.
Electrical Subcode Fees. The fee for a permit to install electrical
work under the provisions of the electrical subcode shall be in accordance
with the State Fee Guidelines.
d.
Fire Protection Subcode Fees.
[Amended 7-21-2015 by Ord. No. 01-2015]
1.
Standpipes/Risers (each): $275.
2.
Sprinkler Heads or Detectors.
|
1 to 20
|
$100
|
|
21 to 100
|
$150
|
|
101 to 200
|
$289
|
|
201 to 400
|
$749
|
|
401 to 1,000
|
$1,323
|
3.
Fire Alarms, Detectors.
|
1 to 12
|
$50
|
|
Each additional group of 25
|
$20
|
4.
Fire Pumps.
|
0 to 1,250 GMP
|
$275
|
|
Over 1,250 GMP
|
$350
|
5.
Independent Pre-Engineered Systems: $125.
6.
Spray Booths/Dipping Tanks (each): $125.
7.
Tank Removal/Abandon.
|
Residential (each)
|
$65
|
|
Commercial (each)
|
$200
|
8.
Tank Installations.
|
Residential (each)
|
$65
|
|
Commercial (each)
|
$200
|
9.
Fuel Dispensing Units.
|
Per island (up to 3 units in group)
|
$200
|
10.
Gas or Oil Fired Appliances.
|
Residential
|
$50
|
|
Commercial
|
$100
|
11.
Combustion Air.
|
Residential
|
$46
|
|
Commercial
|
$75
|
12.
Kitchen Exhaust Systems.
|
Residential (per hood)
|
$35
|
|
Commercial (per hood)
|
$125
|
13.
Woodstoves, Fireplaces and O'Clear Chimneys.
|
Residential for R-3 and R-5 (each)
|
$65
|
|
All other groups (each)
|
$125
|
14.
Incinerators/Crematoriums (each): $460.
15.
Smoke Control System: $250.
16.
Minimum Fire Subcode Plan Review/Inspection Fee.
|
R-3 and R-5
|
$65
|
|
All other groups
|
$100
|
e.
Administrative, Miscellaneous Fees and General Provisions.
1.
The fee for plan review shall be 20% of the amount to be charged
for the construction permit. It shall be applicable to all subcodes
and fees listed herein except as noted and shall be paid at the time
of granting the permit.
(a)
Plan review fees are not refundable.
(b)
Permit and other fees listed herein which do not incorporate
charges for plan review shall include but are not limited to the following:
roofing, re-roofing, siding and demolition under the building subcode,
sewer and water service installations under the plumbing subcode,
fees charged for routine and periodic inspection and certification
under the elevator subcode and as determined by the Construction Official.
2.
The fee for each construction permit issued for an asbestos hazard
abatement project shall be in accordance with Section 5:23-8.9 of
the Regulations (N.J.A.C.).
3.
Certificates:
(a)
The fee for a certificate of occupancy, certificate of continued
occupancy, certificate of occupancy granted pursuant to a change of
use group shall be $6 for all buildings and structures of Use Groups
R-3 and R-5 and shall be $15 for all other use groups.
[Amended 7-21-2015 by Ord. No. 01-2015]
(b)
There shall be no fee for a certificate of approval or certificate
of compliance.
(c)
The fee for a certificate of occupancy issued following the
successful completion of an asbestos hazard abatement project shall
be as provided by Section 5:23-8.9 of the Regulations (N.J.A.C.).
4.
The fee to process an application for a variation shall be $75 per
subcode for buildings of Use Groups R-3 and R-5 and accessory structures
for single family residential uses: $250 per subcode for all other
use groups.
5.
In the event of a private on-site inspection and plan review agency
is designated to carry out the enforcement of one or more of the subcodes
in the municipality, for the purpose of computing fees, except miscellaneous
and administrative fees, the provisions of N.J.A.C. 5:23-4.18(k) shall
apply.
|
The minimum fee for each technical subcode section, except elevator,
shall be $50.
|
[Ord. No. 6-83 § II; Ord. No. 3-86 § 1]
Electrical inspections shall be performed by a duly licensed
and qualified electrical inspector, as appointed by the Governing
Body of the Borough of Farmingdale, in accordance with the provision
of this section and the Uniform Construction Code of the State of
New Jersey.
[1]
Editor's Note: Former subsections 10-1.7, Biannual Report
of Construction Official; 10-1.8, Surcharge Fee on New Construction
and 10-1.9, Fire Limits, previously codified herein and containing
portions of Ordinance No. 151, §§ 1 - 3 were repealed
in their entirety by Ordinance No. 00-02.
[Ord. No. 1-80 § I;
New]
A property owner or contract purchaser of a new residential
building shall make application to the Construction Official for a
certificate of occupancy for a residential structure.
[Ord. No. 1-80 § II;
New]
Within 10 business days of the filing of the application the
Construction Official shall inspect the residence and certify in writing
to the applicant that the structure complies with the applicable provisions
of the Borough Zoning Code and the Uniform Construction Codes of the
State of New Jersey, or shall specify discrepancies and nonconformities,
if any, which must be corrected before an unconditional certificate
of occupancy will be issued.
[Ord. No. 1-80 § III]
The inspection shall be conducted to determine structural safety
and zoning compliance only for the purpose of obtaining governmental
mortgage insurance and shall not be relied upon by any person or agency
for any other purpose.
[Ord. No. 1-80 § IV;
New]
[1]
Editor's Note: Former subsection 10-4.5, Appeals, previously
codified herein and containing portions of Ordinance No. 1-80, was
repealed in its entirety by Ordinance No. 00-02.
[Added 7-9-2019 by Ord. No. 05-2019]
Upon the filing of a completed rental registration form, payment
of the prescribed fee, and a satisfactory inspection, the owner shall
be entitled to the issuance of a certificate. Said certificate shall
expire on December 31 of each year, or in the event of a change in
tenancy or ownership. A certificate shall be issued to the owner for
each rental unit, even if more than one rental unit is contained in
the property. The certificate of occupancy is only valid for 90 days
after inspection if a tenant is not already assigned to the premises.
Refer to § 2-58.2c.
[Amended 2-21-2023 by Ord. No. 01-2023]
a.
The Code
Enforcement Official, or designee, shall make inspections to determine
the conditions of dwellings, dwelling units, rooming units and premises
located within the Borough. For the purpose of making inspections,
the Code Enforcement Official, or designee, are authorized to enter
and examine any dwelling, dwelling unit, rooming unit or premises
at such reasonable hours as the circumstances of the case permit.
This section shall not be construed to prohibit the entry of any such
officials or their designee at any time when an actual emergency exists
which tends to create a danger to public health or safety or at any
time when an inspection is requested by the owner or occupant.
b.
N.J.A.C.
5:28A New Jersey's Lead Safe Certification requires lead based paint
inspection for all rental dwellings constructed during 1978 or prior.
Non-exempt properties will be required upon their first turnover or
within two years of the effective date of the law, July 22, 2022,
to complete their initial Lead Safe Certification inspection. This
means that the first inspection must be performed no later than July
22, 2024. All units shall be inspected for lead based paint hazards
every three years, or upon tenant turnover, whichever is earlier.
An inspection upon tenant turnover is not required if the owner has
a valid lead-safe certificate. Lead-safe certificates are valid for
two years. If the lead-safe certificate has expired, and there will
be a tenant turnover, an inspection will be necessary before the three-year
inspection.
Upon presentation of proper identification, the owner, occupant
or person in charge of a dwelling, dwelling unit, or rooming unit
shall give the Code Enforcement Official, or designee, free access
to the premises for the purpose of inspection or making any repairs
or alterations which are necessary to effect compliance.
Any person who violates any provision of this chapter shall
be liable to a fine not exceeding $1,000 per week. Each day that a
violation occurs shall be deemed a separate and distinct violation
subject to the penalty provisions of this chapter. Failure to register
each rental unit shall result in additional fines not to exceed $50
per day.
[Ord. 11/16/93 § 1]
The intention of this section is to apply retroactively and
include existing lots and buildings as well as those created after
the effective date of this section.
[Ord. 11/16/93 § 2]
All buildings, including residences and lots of land established
within the Borough shall be subject to being numbered for proper identification,
especially for reasons of expedience in fire, police and medical emergencies.
[Ord. 11/16/93 § 3]
The Postmaster of the Farmingdale Post Office is hereby authorized
to designate a system of numbering such lots for proper identification.
The Postmaster is further authorized to assign numbers to buildings
erected upon such lots for proper identification.
[Ord. 11/16/93 § 4]
The property owner shall apply to the Postmaster to obtain the
number assigned to the owner's building, and upon making such application,
the Postmaster shall issue to the applicant the number assigned to
his building. Thereupon, the owner shall affix and display upon the
main building the assigned number in numerical or written (English)
fashion.
No number shall be placed upon any building for the purpose
of this section, unless said number shall be that number which has
been assigned under the authority of this section.
In the absence of an application, the Postmaster is empowered
to notify the property owner of the number assigned to his building,
and it shall be the obligation of the owner to affix and display the
number in accordance herewith and maintain the numbers at all times.
[Ord. 11/16/93 § 5]
The size of the number required to be affixed and displayed
shall not be less than three inches in height and shall be numerical
or written (English) style. It shall be placed in a conspicuous location
upon the street-facing portion of the main building at a location
thereon to provide a clear and legible identification of the building.
Where possible, the number shall be placed so as to be illuminated
by existing outside lighting. Where building is so situated as to
prevent the unaided eye from reading the number affixed thereto from
the street, the number shall be displayed on an appropriate marker,
post or on the mailbox adjacent to the driveway or walkway leading
to said building.
[Ord. No. 2010-06]
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 Borough
of Farmingdale so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. No. 2010-06]
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 text 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.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Farmingdale or other public body, and
is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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. No. 2010-06]
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
[Ord. No. 2010-06]
Storm drain inlets identified in subsection 10-17.3 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 this standard see subsection 10-17.4c 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 7.0 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 7.0 square inches, or be no greater than 2.0 inches across the
smallest dimension.
c.
This standard does not apply:
1.
Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(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. No. 2010-06]
The administrative and enforcing authority for the provisions
of this section shall be the Code Enforcement Officer, Construction
Code Officials, Licensed Water/Sewer Operator, Health Officer, Officer
with the State Police Department, Zoning Officer or any other duly
appointed official of the Borough of Farmingdale.
[Ord. No. 2010-06]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the penalties as specified in the Revised General Ordinances of the Borough of Farmingdale, Section 1-5 entitled "General Penalty" for each storm drain inlet that is not retrofitted to meet the design standard.
