[Amended 5-11-1982 by Ord. No. 82-747; 5-12-1987 by Ord. No. 87-830; 4-11-1989 by Ord. No. 89-884; 3-13-1990 by Ord. No. 90-897; 4-9-1991 by Ord. No. 91-916; 6-11-1991 by Ord. No. 91-924; 1-14-1992 by Ord. No. 91-930; 4-9-1996 by Ord. No. 96-1022; 12-30-2003 by Ord. No. 2003-1212; 11-5-2012 by Ord. No. 2012-1365; 11-14-2017 by Ord. No. 2017-1432; 9-29-2020 by Ord. No. 2020-1485; 10-11-2022 by Ord. No. 2022-1525; 3-28-2023 by Ord. No. 2023-1531; 2-27-2024 by Ord. No. 2024-1550]
The fee for a construction permit shall be the sum of the subcode fees listed hereinafter, plus all applicable special fees listed herein, and shall be paid before the permit is issued. All fees are to be rounded to the nearest dollar amount.
A. 
The building subcode fees shall be:
(1) 
New construction:
(a) 
New construction for Residential Use Group R-5: $0.060 per cubic foot of building or structure volume.
(b) 
New construction for all other use groups: $0.065 per cubic foot of building or structure volume.
(2) 
Minimum fee for new construction:
(a) 
New construction for Residential Use Group R-5: $250.
(b) 
New construction for all other use groups: $750.
(3) 
Additions:
(a) 
Additions for Residential Use Group R-5: $0.060 per cubic foot of building or structure volume.
(b) 
Additions for all other use groups: $0.065 per cubic foot of building or structure volume.
(4) 
Minimum fee for additions:
(a) 
Additions for Residential Use Group R-5: $150.
(b) 
Additions for all other use groups: $500.
(5) 
Alterations or renovations: $20 per $1,000 of the estimated cost of construction.
(6) 
Minimum fee for alterations or renovations: $150.
(7) 
All other fees shall be as follows:
(a) 
Roofs:
[1] 
Residential: no fee.
[2] 
Commercial: $200.
(b) 
Siding: no fee.
(c) 
Pools:
[1] 
Aboveground: $100.
[2] 
In-ground: $200 plus C.O. fee.
(d) 
Sheds (over 100 square feet): $150.
(e) 
Tennis courts: $250.
(f) 
Asbestos/lead abatement: $75.
(g) 
Tank installation:
[1] 
Residential: $100.
[2] 
Commercial: $150.
(h) 
(Reserved)
(i) 
Stoves (fuel-burning): $75.
(j) 
Fences: $75.
(k) 
Demolition:
[1] 
Principal residential: $400.
[2] 
Accessory residential: $150.
[3] 
Commercial: $750.
(l) 
Air conditioning:
[1] 
Residential: $75.
[2] 
Commercial: $20 per $1,000.
(m) 
Radon: $60.
(n) 
Certificate of occupancy:
[1] 
Residencial (N S F D): $150.
[2] 
Residential (addition): $100.
[3] 
Others (less than 10,000 square feet): $150.
[4] 
Others (10,000 square feet and above): $300.
(o) 
Certificate of compliance for asbestos: $20.
(p) 
Signs:
[1] 
Thirty square feet or less: $50.
[2] 
Over 30 square feet: $100.
(q) 
All accessory structures not specifically mentioned above: $100.
B. 
Plumbing subcode fees shall be:
(1) 
Minimum fee:
(a) 
Residential: $100.
(b) 
Commercial: $150.
(2) 
Residential (per fixture): $20.
(3) 
Commercial (per fixture): $25.
(4) 
Other fees shall be as follows:
(a) 
Piping (or fuel oil): $70.
(b) 
Sewer connection: $75.
(c) 
Water service connection: $75.
(d) 
Water heater:
[1] 
Residential: $100.
[2] 
Commercial: $100.
(e) 
Boiler:
[1] 
Residential: $100.
[2] 
Commercial: $125.
(f) 
Sewer pump:
[1] 
Residential: $75.
[2] 
Commercial: $100.
(g) 
Air conditioning:
[1] 
Residential: $100.
[2] 
Commercial: $125.
(h) 
Swimming pools:
[1] 
Residential: $100.
[2] 
Commercial: $125.
(i) 
Interceptor/separator: $75.
(j) 
Backflow preventer: $75.
(k) 
Refrigeration unit: $75.
(l) 
Chimney liner: $75.
(m) 
Furnace: $75.
(n) 
All other devices:
[1] 
Residential: $100.
[2] 
Commercial: $125.
C. 
The electrical subcode fees shall be:
(1) 
Minimum fee:
(a) 
Residential: $125.
(b) 
Commercial: $150.
(2) 
Fixtures and receptacles:
(a) 
One to 50: $75.
(b) 
Each additional 25: $30.
(3) 
Motors:
(a) 
One-eighth horsepower to one horsepower: $30.
(b) 
One horsepower to 10 horsepower: $40.
(c) 
Ten horsepower to 50 horsepower: $50.
(d) 
Fifty horsepower to 100 horsepower: $100.
(e) 
One hundred horsepower and over: $400.
(4) 
Electrical devices:
(a) 
One kilowatt to 10 kilowatt: $75.
(b) 
Ten kilowatt to 45 kilowatt: $100.
(c) 
Forty-five kilowatt to 112.5 kilowatt: $200.
(d) 
112.5 kilowatt and over: $400.
(5) 
Service:
(a) 
Two hundred ampere: $125.
(b) 
Six hundred ampere: $500.
(c) 
One thousand ampere: $600.
(d) 
Over 1,000 ampere: $650.
(e) 
Temporary service: $75.
(6) 
Generators/transformers:
(a) 
One kilowatt to 7.5 kilowatt: $75.
(b) 
7.5 kilowatt to 30 kilowatt: $100.
(c) 
Thirty kilowatt to 60 kilowatt: $125.
(d) 
Sixty kilowatt to 112.5 kilowatt: $200.
(e) 
Over 112.5 kilowatt: $600.
(7) 
Other fees shall be as follows:
(a) 
Heat, smoke, burglar detectors, data, telephone, intercoms:
[1] 
Residential: $75.
[2] 
Commercial one to 25: $150.
[3] 
Each additional 25: $40.
(b) 
Bonding: $100 per pool.
(c) 
Pools, whirlpools, spas with bonding: $75.
(d) 
Light standards:
[1] 
One to 10: $75.
[2] 
Each additional: $10.
(e) 
Trench inspections: $50.
D. 
Fire subcode fees shall be:
(1) 
Minimum fee:
(a) 
Residential: $75.
(b) 
Commercial: $150.
(2) 
Detectors and sprinkler heads:
(a) 
One to 50: $200.
(b) 
51 to 100: $250.
(c) 
101 to 200: $300.
(d) 
201 to 400: $600.
(e) 
Over 400: $1,000.
(3) 
Suppression systems:
(a) 
Fire pump: $250.
(b) 
Dry pipe, alarm valves, preaction valves, standpipes:
[1] 
2.5-inch pipe: $75.
[2] 
Four-inch pipe: $125.
[3] 
Six-inch pipe: $175.
[4] 
Eight-inch pipe: $225.
[5] 
Over eight inches: $275.
(4) 
Other fees shall be as follows:
(a) 
Storage tanks, flammable, combustible, LPG:
[1] 
Residential: $200.
[2] 
Commercial: $400.
(b) 
Alarm devices, supervisory, signaling:
[1] 
Residential: $75.
[2] 
Commercial:
[a] 
First 1 through 10: $200.
[b] 
Eleven to 50: $20 each.
[c] 
Over 50: $25 each.
(c) 
Kitchen hood exhaust systems:
[1] 
Residential: $75.
[2] 
Commercial: $200.
(d) 
Gas/oil-fired appliance: $75.
(e) 
Wood stoves: $75.
(f) 
Preengineered systems: $125.
(g) 
Pool heater: $75.
(h) 
Solar panels:
[1] 
Residential: $75.
[2] 
Commercial: $200.
(i) 
Tank removal:
[1] 
Residential: $100.
[2] 
Commercial: $150.
E. 
Elevator fees shall be as set forth in N.J.A.C. 5.23 Subchapter 12.
(1) 
Acceptance test. The fee for elevators in structures not in Use Groups R-3 and R-4 shall be as follows:
(a) 
Traction and winding drum elevators:
[1] 
One to 10 floors: $340; administrative fee: $68.
[2] 
Over 10 floors: $567; administrative fee: $113.
[3] 
Hydraulic elevators: $302; administrative fee: $60.
[4] 
Rope hydraulic elevator: $340; administrative fee: $68.
[5] 
Escalator and moving walks: $302; administrative fee: $60.
[6] 
Dumbwaiter: $76; administrative fee: $15.
[7] 
Stairway chair lift, incline and vertical wheelchair and man lift: $76; administrative fee: $15.
(2) 
Additional charges for device equipped with the following features shall be as follows:
(a) 
Oil buffers: $60; administrative fee: $12.
(b) 
Counterweight governor and safeties: $151; administrative fee: $30.
(c) 
Auxiliary power generator: $114; administrative fee: $23.
(3) 
The fee for elevator devices in structures in Use Groups R-3 and R-4 shall be per N.J.A.C. 5:23-12.6(a)3: $227; administrative fee: $45.
(4) 
The fee for witnessing acceptance test of and performing inspections of alterations shall be per N.J.A.C. 5:23-12.6(a)4: $100; administrative fee: $25.
(5) 
The fee for routine six-month tests and inspections for elevator devices in structures not in Use Groups R-3 and R-4 shall be as follows:
(a) 
Traction and winding drum elevators:
[1] 
One to 10 floors: $190.
[2] 
Over 10 floors: $244.
[3] 
Hydraulic elevators: $136.
[4] 
Rope hydraulic elevator: $190.
[5] 
Escalator and moving walks: $190.
(6) 
The fee for one-year periodic inspection and witnessing of tests of elevator devices, which shall include six-month routine inspection, shall be as follows, per N.J.A.C. 5:23-12.6(b)2.i through iv:
(a) 
Traction and winding drum elevators:
[1] 
One to 10 floors: $302; administrative fee: $60.
[2] 
Over 10 floors: $362; administrative fee: $72.
[3] 
Hydraulic elevators: $227; administrative fee: $45.
[4] 
Rope hydraulic elevator: $302; administrative fee: $60.
[5] 
Escalator and moving walks: $484; administrative fee: $97.
[6] 
Dumbwaiter: $120; administrative fee: $24.
[7] 
Stairway chair lift, incline and vertical wheelchair and man lift: $183; administrative fee: $37.
(7) 
Additional yearly periodic inspection charges for elevator devices equipped with the following features shall be as follows, per N.J.A.C. 5:23-12.6(b)3.i through iii:
(a) 
Oil buffers: $60; administrative fee: $12.
(b) 
Counterweight governor and safeties: $120; administrative fee: $24.
(c) 
Auxiliary power generator: $76; administrative fee: $15.
(8) 
The fee for three- or five-year inspection of elevator devices shall be as follows, per N.J.A.C. 5:23-12.6(b)4.i and ii:
(a) 
Traction and winding drum elevators:
[1] 
One to 10 floors (five-year inspection): $513; administrative fee: $103.
[2] 
Over 10 floors (five-year inspection): $646; administrative fee: $129.
(b) 
Hydraulic and roped hydraulic elevator:
[1] 
Three-year inspection: $387; administrative fee: $77.
[2] 
Five-year inspection: $227; administrative fee: $45.
F. 
New Jersey state permit surcharge fee shall be as set forth in N.J.A.C. 5:23-4.19.
[Added 1-14-1992 by Ord. No. 91-930; amended 2-9-1993 by Ord. No. 93-941; 12-27-1994 by Ord. No. 94-989; 4-9-1996 by Ord. No. 96-1022; 3-11-2003 by Ord. No. 2003-1190; 10-14-2003 by Ord. No. 2003-1203; 2-10-2004 by Ord. No. 2004-1215; 2-8-2011 by Ord. No. 2011-1338; 9-29-2020 by Ord. No. 2020-1485; 10-11-2022 by Ord. No. 2022-1525; 2-28-2023 by Ord. No. 2023-1530; 12-12-2024 by Ord. No. 2024-1561; 5-27-2025 by Ord. No. 2025-1570]
Other certificates and permit fees shall be as follows:
A. 
Accessory structures (less than 100 square feet): $150.
B. 
Signs.
(1) 
Application fee: $200.
(2) 
Refacing of message per side: $50.
(3) 
Temporary signs: $100.
(4) 
Temporary sign renewal: $250 annually; due by January 31 of each calendar year.
C. 
Certificate of continued occupancy:
(1) 
Residential: $150.
(2) 
Commercial: $250.
(3) 
Use groups other than R-3 with a total floor area of more than 10,000 square feet (A CCO shall be required for a change of ownership of a commercial structure.): $500.
D. 
Temporary trailers (one year): $100; temporary trailers (2 weeks): $25.
E. 
Special letters: $100.
F. 
Fence permits: $100.
G. 
Satellite dishes and antenna structures: $100.
H. 
Engineering fees.
(1) 
In order to ensure that the Borough standards are met for all site improvements, including curbs, sidewalks, driveway pavement, seepage pits and to create zero runoff from new residential single-family dwelling construction and additions, swimming pools, tennis and retaining walls over four feet, the following fees shall be collected at the time an application is made that will require engineering plan review and construction inspection. An administrative fee of 20% will be added to the base fees to be retained by the Construction Department.
Engineering
Administrative
Initial Fee
Re-Review
New single-family dwelling
$1,000
$200
$1,200
$200
Additions to single-family dwelling
$1,000
$200
$1,200
$200
Swimming pools, tennis courts
$1,000
$200
$1,200
$200
Retaining walls over 4 feet in height
$500
$100
$600
$150
Other site improvements affecting impervious coverage or run-off
$500
$100
$600
$150
(2) 
If the submitted plans are insufficient or need to be revised by the applicant requiring an additional review by the Borough Engineer, the applicant shall be required to additionally pay the “re-review” fee identified above. There shall be no administrative charge on the “re-review” fee.
(3) 
In the event that there is a material change in the scope of the project (defined as an increase or decrease in the value of the anticipated improvements by 50% or more), the applicant shall be required to deposit additional engineering fees according to the original schedule above. (By way of example, an applicant proposes a $100,000 addition and deposits $1,000 in engineering fees plus a $200 administrative fee. The applicant then revises the plans to propose a $200,000 addition instead. The applicant is required to submit an additional $1,000 in engineering fees, not the “re-review” fee. No additional administrative fees would be collected.)
(4) 
Upon withdrawal of the application or issuance of the building permit, 70% of the total engineering fee deposited, including any re-review fees, shall be paid to the engineer upon submission of a proper invoice. Upon completion of the work specified in the application, the remainder of the total engineering fee deposited, including any re-review fees, shall be paid to the engineer upon submission of a proper invoice.
I. 
Change of contractor performing permitted work: $25.
J. 
Driveway: $50.
K. 
Patio/pavers: $50.
L. 
Filling (less than 50 cubic yards): $50.
M. 
Generator pad: $50.
N. 
Retaining walls: $100.
O. 
Violations and penalties. Violations of this section shall be punished as set forth in Chapter 1, Article I, General Penalty.
[Added 9-29-2020 by Ord. No. 2020-1485]
Notwithstanding the provisions of the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), or any rules, regulations or standards adopted pursuant thereto to the contrary, a person who has a service-connected disability declared by the United States Veterans Administration, or its successor, to be a total or 100% permanent disability that would entitle him or her to a property tax exemption under Section 1 of P.L. 1948, c. 259 (N.J.S.A. 54:4-3.30), or a spouse, parent, sibling, or guardian of the disabled veteran, shall not be charged a construction permit fee for any construction, reconstruction, alteration, or improvement designed and undertaken solely to promote accessibility by the disabled veteran to or within his or her own living unit.
[Amended 9-29-2020 by Ord. No. 2020-1485]
The outside plan review by the International Code Council (ICC), the Department of Community Affairs of the State of New Jersey or such other governmental agency maintaining jurisdiction over such plans shall be that charge made by such entity, authority or agency which shall be in addition to any other fees required by this chapter or any other applicable regulation.
[Added 9-29-2020 by Ord. No. 2020-1485; amended 10-11-2022 by Ord. No. 2022-1525]
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
CERTIFICATE OF CONTINUED OCCUPANCY
The certificate provided for at N.J.A.C. 5:23-2.23 of the State Uniform Construction Code which certifies that, as a result of a general inspection of the visible parts of the existing dwelling, there are no apparent violations of the regulations.
CERTIFICATE OF OCCUPANCY
The certificate provided for at N.J.A.C. 5:23-2.23 of the State Uniform Construction Code which certifies that all work covered by a construction permit has been completed in accordance with the permit, the code and other applicable laws and ordinances.
DWELLING
One- and two-family residences.
NEW TENANT/RESALE CERTIFICATE
A certificate issued by the Construction Official upon a change in ownership or transfer of title or lease of real property to a new owner or tenant to any dwelling or rental space certifying that there are no violations of law or orders of the Construction Official pending and it has been established, after inspection and investigation of available municipal records, that the alleged use of the dwelling has lawfully existed.
OWNER
Any person who, alone or jointly or severally with others, shall have legal title to any dwelling with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
B. 
Certificate types:
(1) 
Certificate of occupancy.
(a) 
New buildings: A building or structure erected shall not be used or occupied in whole or part until a form of a certificate of occupancy shall have been issued by the Construction Official.
(b) 
Building hereafter altered: A building or structure hereafter enlarged, extended or altered shall not be occupied or used until the certificate of occupancy shall have been issued by the Construction Official. Any use or occupancy which was not discontinued during the work or alteration shall be discontinued within 30 calendar days after the completion of the alteration unless the certificate of occupancy is secured from the enforcing agency.
(2) 
Certificate of continued occupancy: Upon request of the owner of an existing building or structure, the Construction Official, with the approval of the subcode officials, shall issue a certificate of continued occupancy, provided that there are not violations of law or orders of the Construction Official pending, and it is established, after inspection and investigation of available municipal records, that the alleged use of the building or structure has lawfully existed. The certificate of continued occupancy shall evidence only that a general inspection of the visible parts of the building has been made, and that no violations of N.J.A.C. 5:23-2.14 have been determined to have occurred, and no unsafe conditions violative of N.J.A.C. 5:2302.32(a) have been found. Nothing in this subsection shall prevent the continued lawful use and occupancy of any such lawfully existing building or structure.
(3) 
New tenant/resale certificate:
(a) 
Existing dwellings: No person shall change ownership or otherwise transfer title or lease of the same to a new owner or tenant to any dwelling or rental unit unless and until that person shall have first obtained from the Construction Official a new tenant/resale certificate. The Construction Official, with the approval of the subcode officials, shall issue a new tenant/resale certificate, provided that there are no violations of law or orders of the Construction Official pending and it is established, after inspection and investigation of available municipal records, that the alleged use of the dwelling has lawfully existed. Nothing in this subsection shall prevent the continued lawful use and occupancy of any such lawfully existing dwelling.
C. 
Application for certificate.
(1) 
Prior to occupancy, change of ownership or transfer of title of any building, structure or dwelling, as applicable, application for the appropriate certificate permitting occupancy shall be made in writing to the Construction Official by the owner, and consent shall be given therewith to the Construction Official or his agent to enter upon and examine the building, structure or dwelling for which the application is applied for.
(2) 
All applications for such certificates shall be made in writing and shall state the name and address of the owner of the building, structure or dwelling and the name and address of the buyer, if a sale or transfer of title, of the seller, and shall further state the name and address of the sales agent, if any, and shall describe the premises to be occupied, including the street address thereof.
D. 
Inspections.
(1) 
Upon request for a certificate provided for in this section, the Construction Official or his agent shall conduct an inspection of the premises to ensure compliance with applicable municipal ordinances and rules and regulations affecting the use and occupation of all such buildings, structures or dwellings. The inspection for a certificate of occupancy shall also require compliance with, but not be limited to, the following:
(a) 
Flue connections are properly sealed;
(b) 
Sump pumps are not connected to the sanitary sewer;
(c) 
All electrical outlets, switches and panel boxes are properly covered;
(d) 
Relief valves from boilers and water heaters are properly piped;
(e) 
All plumbing fixtures are in working order;
(f) 
Pools are properly fenced;
(g) 
There are rails on all interior stairs of more than four risers;
(h) 
Exterior rails must be properly secured;
(i) 
Property must not be in violation of the Property Maintenance Code;[2]
[2]
Editor's Note: See Ch. 305, Property Maintenance.
(j) 
The property is being used for the use for which it is zoned; and
(k) 
The submission of a certified property survey that shows the current uses and structures on the property.
(2) 
No certificate of occupancy shall be issued unless there is full and complete compliance with all of the foregoing, unless otherwise specified, in writing, by the Construction Official or his agent.
(3) 
At the discretion of the Construction Official, the submission of a certified property survey pursuant to Subsection D(1)(k) above may be waived under the following circumstances:
(a) 
The applicant submits a certified survey of the property;
(b) 
Any changes to the property that have been approved and performed since the date of said survey have received the appropriate permits and/or approvals from the Borough of Montvale;
(c) 
Such changes are shown on the survey with appropriate specificity and detail to allow the Construction Official to confirm the accuracy thereof;
(d) 
Such changes are minor in nature and do not create any reasonable doubts concerning the property's compliance with zoning, property maintenance, or other applicable codes, standards, rules, or regulations.
(4) 
The inspection for a certificate of continued occupancy shall be in accordance with Subsection B(2)(a) above.
(5) 
The inspection for a new tenant/resale certificate shall be in accordance with Subsection B(3)(a) above, and shall also require submission of and/or compliance with the items in Subsection D(1)(i), (j) and (k) above.
E. 
Violations and penalties.
(1) 
Any person, persons, partnership, firm, corporation, holding company, foreign corporation, limited liability company or any other entity who in any manner knowingly fails to fully comply with the terms and covenants of this chapter shall be subject to the penalties provided herein.
(2) 
Any person(s) who violates any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, Article I, General Penalty.
F. 
Issuance of certificate; fee. A certificate permitting occupancy shall be issued solely by the construction official without the necessity of approval by the governing body of the Borough of Montvale. All fees paid in connection with a certificate shall be in accordance with the schedule set forth at § 170-11 of this Code.
[1]
Editor's Note: This section was originally included as § 20-4A(4) of the 1966 Code, but was moved here with the 2020 recodification.