[HISTORY: Adopted by the Mayor and Council
of the Borough of Spring Lake by Ord. No. 3-1977 (§§ 9-1 through
9-5 of the Revised General Ordinances), as amended through Ord. No.
17-2001. Subsequent amendments noted where applicable.]
A.
Enforcing agency established; subcode officials designated.
(1)
There is hereby established in the Borough a State
Uniform Construction Code Enforcing Agency, to be known as the "Borough
of Spring Lake 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. The Mayor and Council shall have the power to
provide by resolution for the appointment of and to delineate the
functions, powers, duties and responsibilities of all Enforcing Agency
officials that are necessary and proper for the operation of the Uniform
Construction Code Enforcing Agency. There is also established a Deputy
Construction Official/Deputy Building Subcode Official who shall have
all of the powers and duties herein conferred upon the Construction
Official and Building Subcode Official in the absence of, or in the
incapacity of the Construction Official/Building Subcode Official.
(2)
Each official position created in Subsection A(1) hereof shall be filled by a person qualified for such position pursuant to 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 approved 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 N.J.S.A. 52:27D-119 et seq. and N.J.A.C. 5:23 to hold each such position.
(3)
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.
B.
Appeals. The Borough will not appoint a Board of Appeals
but will leave appeals to the jurisdiction of the County of Monmouth.
[Amended 12-14-2004 by Ord. No. 47-2004; 9-5-2006 by Ord. No. 16-2006; 4-3-2007 by Ord. No. 2007-010]
B.
Plan review fee. The fee for plan review shall be
20% of the amount to be charged for a construction permit.
C.
Basic construction fee. The basic construction fee
shall be the sum of the parts computed on the basis of the volume
or the cost of construction, the number of plumbing fixtures and pieces
of equipment, the number of electric fixtures and devices and the
number of sprinklers, standpipes and detectors (smoke and heat) at
the unit rates provided herein plus any special fees. The minimum
fee for a basic construction permit covering any or all of building,
plumbing, electric or fire protection work shall be $40, except as
herein noted.
D.
Building, plumbing, electrical, and fire protection
subcode fees. The fee for a construction permit shall be the sum of
the subcode fees as established in the Borough of Spring Lake's most
recent Master Fee Schedule, which may be amended by resolution of
the Mayor and Council.
E.
Elevators. The fee for a permit to install an elevator
shall be established in the Borough's Master Fee Schedule plus the
costs charged by the Elevator Safety Unit of the State of New Jersey.
F.
Certificates and other permits. The following additional
fees are hereby established and shall be set forth in the Borough's
Master Fee Schedule:
(1)
Demolition of a one- or two-family dwelling;
(2)
Demolition of a garage or shed;
(3)
Demolition of all other structures;
(4)
Removal of an in-ground fuel storage tank;
(5)
Moving a building or structure from one lot to another or to a new location on the same lot shall be set forth in the Borough's Master Fee Schedule. Additionally, permit fees for the cost of the new foundation and alterations to the building or structure for the placement in a completed condition shall be computed as required for renovations, alterations and repairs in Subsection D of this section;
(6)
Installation of an in-ground swimming pool;
(7)
Installation of an aboveground swimming pool;
(8)
Construction or installation of a sign greater than
25 square feet in surface area (one side) and over six feet in mounted
length;
(9)
Erection of a fence over six feet in mounted height;
(10)
Erection of a fence over six in height or surrounding
a swimming pool;
(11)
Asbestos removal permit;
(12)
Certificate of occupancy after asbestos removal;
(13)
Certificate of occupancy for a new construction (per
unit);
(14)
Certificate of occupancy granted pursuant to a change
of use group;
(15)
Continued certificate of occupancy;
(16)
Application for a variation with N.J.A.C. 5:23-2:10;
and
(17)
Resubmission of an application of variation with N.J.A.C.
5:23-2:10.
G.
Lapsed permits. The fee to reinstate a lapsed construction
permit shall be 10% of the cost of the original permit, but in no
case less than $25.
H.
Surcharge fee. In order to provide 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, a surcharge of $0.00265 per cubic foot of
volume of new buildings and additions. Volume shall be computed in
accordance with N.J.A.C. 5:23-2.28. The fee for all other construction
shall be $1.35 per $1,000 of value of construction. Said surcharge
shall be remitted to the Bureau of Housing Inspection, Department
of Community Affairs, on a quarterly basis for the fiscal quarters
ending March 31, June 30, September 30, and December 31, and not later
than one month next succeeding the end of the quarter for which it
is due.
I.
Annual report recommending a fee schedule. The Construction
Official shall, with the advice of the subcode officials, prepare
and submit to the Borough Administrator, Chief Municipal Finance Officer,
and Mayor and 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.
J.
Waiver of demolition permit fee. The owner(s) of any
residential or commercial structure, scheduled for demolition and
in need of a demolition permit, as per the requirements of the Uniform
Construction Code, may apply for a waiver of the permit fee, if said
owner(s) agrees to permit any of the Borough's emergency and public
safety services (police, fire and first aid) to utilize the structure
to be demolished for any training purpose germane to the provision
of public safety related services.
K.
If any section, subsection, paragraph, sentence, or
any part of this section is determined to be unconstitutional or invalid,
such judgment shall not affect, impair or invalidate the remainder
of this section, not directly involved in the controversy in which
such judgment shall have been rendered.
L.
This section shall take effect immediately upon its
final passage and publication as required by law.
[Added 2-24-2004 by Ord. No. 5-2004;
amended 9-5-2006 by Ord. No. 16-2006]
Fees for updating geographic information system
shall be as follows:
A.
Construction permit application: $10.
B.
Construction permit: $10.
C.
Demolition permit application: $10.
D.
Building subcode permit: $10.
E.
Electrical subcode permit: $10.
F.
Plumbing subcode permit: $10.
G.
Fire protection subcode permit: $10.
H.
Permit denial: $10.
I.
Certificate of occupancy (new construction): $20.
