[HISTORY: Adopted by the Borough Council
of the Borough of Upper Saddle River as Ch. IX of the Revised General
Ordinances, 1971. Amendments noted where applicable.]
A.
Pursuant to P.L. 1975, c. 217, known as the "Uniform
Construction Code Act of the State of New Jersey" (herein after referred
to as "the Act"),[1] there is hereby established in the Borough of Upper Saddle
River a State Uniform Construction Code enforcing agency to be known
as the "Uniform Construction Code Enforcing Department of the Borough
of Upper Saddle River," consisting of a Construction Official, Building
Subcode Official, Plumbing Subcode Official, Electrical Subcode Official
and Fire Protection Subcode Official. The Construction Official shall
be the chief administrator of the enforcing agency. He shall have
the power to overrule a determination of a subcode official based
on an interpretation of a substantive provision of the subcode which
such subcode official administers only if the Construction Official
is qualified to act pursuant to the Act as a subcode official for
such subcode. He may serve as subcode official for any subcode which
he is qualified under the Act to administer. A subcode official or
Municipal Engineer may serve as a Construction Official if otherwise
qualified under the provisions of the Act. The Plumbing Subcode Official
shall be the Plumbing Inspector as appointed by the Mayor and Council
of the Borough of Upper Saddle River. Subcode officials or assistance
staff may be employed on a part-time basis or hold other positions
within the Borough of Upper Saddle River. [Amended 11-5-2009 by Ord.
No. 10-09]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
B.
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, 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,[2] and N.J.A.C. 5:23 to hold each such position.
[2]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
C.
The public shall have the right to do business with
the Uniform Construction Code Enforcing Department of the Borough
of Upper Saddle River at its offices located in Borough Hall, except
for emergencies and unforeseen or unavoidable circumstances.
D.
The Construction Code Official may serve as the Mechanical
Inspector, if qualified under the Act.
[Added 8-10-1994 by Ord. No. 13-94]
A.
The enforcing agency shall examine each application
for a construction permit. If the application conforms to the Act,
the code and the requirements of other applicable laws and ordinances,
it shall be deemed a completed application and the enforcing agency
shall approve the application and shall issue a construction permit
to the applicant. Every completed application for a construction permit
shall be granted, in whole or in part, or denied within 20 business
days. If a completed application is denied in whole or in part, the
enforcing agency shall set forth the reasons therefor in writing.
If an enforcing agency fails to grant, in whole or in part, or deny
a completed application for a construction permit within the period
of time prescribed herein, such failure shall be deemed a denial of
the application for purposes of an appeal to the Construction Board
of Appeals unless such period of time has been extended with the consent
of the applicant. The enforcing agency may approve changes in plans
and specifications previously approved by it if the plans and specifications
when so changed remain in conformity with law.
B.
A construction permit, issued in accordance with the
foregoing provisions, pursuant to which no construction has been undertaken
above the foundation walls within one year from the time of issuance,
shall expire. The enforcing agency may suspend, revoke or cancel a
construction permit in case of neglect or failure to comply with the
provisions of this Act or the code or upon a finding by it that a
false statement or representation has been made in the application
for the construction permit.
C.
The enforcing agency shall have all other powers as
enumerated in the Act.
[1]
Editor's Note: Former § 41-3, Construction Board
of Appeals, was repealed 11-5-2009 by Ord. No. 10-09.
A.
Whenever the enforcing agency shall deny a completed
application for a construction permit, refuse or fail to act upon
a completed application for a construction permit, refuse to grant
a variation pursuant to Article 6 of the Act or make any other decision
pursuant or related to the Act or code, including the assessment of
any monetary penalties, an owner or his authorized agent may appeal
to the Construction Board of Appeals.
B.
The application for an appeal shall be taken within
20 days of the receipt of written notice of the denial or other decision
on the application for a construction permit. Where no notice of denial
has been forthcoming, appeal may be taken within 20 days after the
expiration of 20 days from the time of filing a completed application
for a construction permit.
C.
The application for an appeal shall be in writing,
filed with the Board, briefly setting forth the appellant's position.
Such application shall state the name and address of the appellant,
the address of the building or site in question, the permit number
and shall reference the specific sections of the code in question
and the extent and nature of the appellant's reliance on them. The
appellant may append to his written application any data or information
that he may deem appropriate to his cause. The enforcing agency shall
make available to the Board the full record of the application below,
which includes a detailed explanation of the reasons for the denial
of the appellant's request.
D.
The application for an appeal shall be accompanied
by a fee in the sum of $50. An application for appeal shall not be
considered complete unless accompanied by the appeal fee.
E.
The time for appeal may be extended upon application
to the Secretary of the Board and shall be in writing or may be extended
at any regular or special meeting of the Board, by the affirmative
vote of a majority of the Board.
A.
The Board shall meet upon notice of the Chairman or
at stated periodic meetings if warranted by the volume of work. The
hearing shall be recorded and copies made available upon request at
the expense of the requesting party.
B.
All hearings shall be open to the public. The appellant,
his representatives or legal counsel and the enforcing agency through
the Construction Official or the appropriate subcode official shall
be granted an opportunity to be heard.
C.
When five qualified members are not present to consider
a specific appeal, either the appellant or the enforcing agency may
request a postponement of the hearing. If there is no such request
for a postponement, any decision made by the members present shall
be binding and shall be considered as a decision of the full Board.
No meetings shall be conducted unless there are at least three members
of the Board present. No specific combination of business or profession
represented on the Board need be present unless an affirmative vote
of the members present determines that such is necessary in the public
interest.
A.
The Board shall hear the appeal, render a decision
thereon and file its decision with a statement of the reasons therefor
with the enforcing agency from which the appeal has been taken not
later than 10 business days following the submission of the completed
application for appeal, unless such period of time has been extended
with the consent of the appellant. Such decision shall also be filed
with the State Division of Housing and Urban Renewal, Bureau of Housing
Inspection, Attention: Uniform Construction Code Appeals File, 363
West State, Trenton, New Jersey 08625. Decisions of the Board shall
be available for public inspection at both the offices of the Bureau
and the enforcing agency during normal business hours.
B.
Such decision may affirm, reverse or modify the decision
of the enforcing agency or remand the matter to the enforcing agency
for further action. Whenever the Board shall reverse or modify the
decision of the enforcing agency, its statement of reasons therefor
shall fully explain the nature and extent of its disagreement with
the enforcing agency.
C.
Decisions of the Board shall be by a concurring vote
of three members. Failure to secure three concurring votes shall be
deemed a confirmation of the decision of the enforcing agency. Any
dissenting member may attach a statement of reasons in opposition
to the decision of the Board.
D.
Every action of the Board shall be by resolution and
copies shall be forwarded by certified or registered mail to the appellant
or his representatives.
E.
Failure of the Board to hear an appeal and render
and file a decision thereon within the time limits prescribed in this
section shall be deemed a denial of the appeal for the purposes of
a complaint, application or appeal to a court of competent jurisdiction.
F.
The enforcing agency shall take immediate action in
accordance with the decision of the Board, unless otherwise stayed
by a court of competent jurisdiction.
G.
Any party, including the enforcing agency, may within
30 days appeal from the decision of the Board to a court of competent
jurisdiction.
All fees required in accordance with the Uniform Construction Code of the Borough of Upper Saddle River shall be as set forth in the fee schedule in § 41-8.
[Amended 12-29-1977; 5-10-1984; 12-30-1985 by Ord. No. 27-85; 5-8-1986 by Ord. No. 9-86; 9-10-1987 by Ord. No. 14-87; 12-14-1989 by Ord. No.
20-89; 6-14-1990 by Ord. No. 13-90; 3-5-1992 by Ord. No. 1-92; 2-10-1993 by Ord. No. 1-93; 8-10-1994 by Ord. No. 13-94; 6-12-1996 by Ord. No. 9-96; 12-30-1997 by Ord. No. 21-97]
A.
The fees for a construction permit shall be the sum
of the subcode fees, 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.
B.
Low-income and moderate-income housing units.
(1)
Building, electric, plumbing and fire-protection permit
fees shall be waived for low-income and moderate-income housing units
when the Borough of Upper Saddle River, the County of Bergen, the
State of New Jersey or the federal government is financing all or
part of the project.
(2)
Low-income and moderate-income housing units constructed
by private developers shall pay the regular fee schedule.
C.
Plan review fee.
(1)
New construction, additions or renovations. The fee
shall be 20% of the permit fee for proposed improvement and is included
in the building subcode fee.
D.
Building subcode fees. The fee for work under the
building subcode shall be as follows:
(1)
New building and additions. Permit fees 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 building permit fee shall be in the amount
of $0.030 per cubic foot of volume for residential buildings and structures
and $0.035 per cubic foot of volume for all other use groups. State
of New Jersey training fees shall be in the amount of $0.00334 per
cubic foot of volume for all construction. The fee for all other construction
shall be $1.70 per $1,000 value of construction in accordance with
N.J.A.C. 5:23-4.19(b).
[Amended 11-5-2009 by Ord. No. 10-09]
(2)
Renovations and alterations, including, but not limited
to, decks, roofing, siding, radon and repairs. The fee shall be based
upon the estimated cost of the work. The fee for residential work
shall be $30 per $1,000 of the estimated cost of the work, with a
minimum fee of $100. The fee for all other use groups shall be $35
per $1,000 of the estimated cost of the work, with a minimum fee of
$150. For the purpose of determining estimated costs, the applicant
shall submit to the enforcing agency, if available, cost data produced
by the architect or engineer of record or by the contractor. A bona
fide contractor's bid, if available, shall be submitted. The enforcing
agency will make the final decision regarding estimated costs. The
building subcode permit shall include a plan review fee in the amount
of 20% of the permit fee.
[Amended 11-5-2009 by Ord. No. 10-09]
(3)
Reinstatement of a lapsed construction permit shall
be as follows:
(a)
Recalculation of the construction permit shall be
based upon the current fee schedule for all work to be performed.
(b)
The reinstatement fee shall be 20% of the recalculated
value of all work which is to be performed, with a minimum reinstatement
fee of $50.
[Amended 11-5-2009 by Ord. No. 10-09]
(c)
Minimum building permit fees shall be:
[1]
Principal building: $1,500.
[Amended 11-5-2009 by Ord. No. 10-09]
[3]
Accessory building requiring a footing: $250.
[Amended 11-5-2009 by Ord. No. 10-09]
[5]
For the purpose of determining estimated cost,
the applicant shall submit to the enforcing agency, if available,
cost data produced by the architect or engineer of record or by the
contractor. A bona fide contractor's bid, if available, shall be submitted.
The enforcing agency will make the final decision regarding estimated
cost. Included in the building subcode permit is a plan review fee
which is 20% of the building subcode fee.
[6]
Swimming pools. Permit fees for in-ground pools
shall be $300, in addition to electric, plumbing, fence and certificate
of approval permits. Aboveground pools shall require a permit fee
of $100 in addition to electric, plumbing, fence and certificate of
approval permits. The fee for a swimming pool which requires subcode
permits shall include plan review fees as part of the subcode permit,
which is 20% of the subcode fee.
[8]
Asbestos hazard abatement permits shall be $70
in accordance with N.J.A.C. 5:23-8.9(a)1, and $14 for certificates
of occupancy, following successful completion of abatement in accordance
with N.J.A.C. 5:23-8.9(a)2.
[9]
Retaining walls. The fee for a residential retaining wall with a
surface area greater than 550 square feet shall be $150. The fee for
residential retaining walls with a surface area of 550 square feet
or less shall be $75. The fee for a retaining wall of any other use
group of any size shall be based upon the cost of the construction
in accordance with N.J.A.C. 5:23-2.14(g).
[Added 11-5-2009 by Ord. No. 10-09]
F.
Relocation of building. The fee for the removal of
one building from one lot to another or to another location on the
same lot shall be in the amount of $30 per $1,000 of the estimated
cost of moving, plus the estimated cost of a new foundation and all
work necessary to place the building, in its completed condition,
in the new location.
[Amended 11-5-2009 by Ord. No. 10-09]
G.
Signs. The fee for a sign shall be $2 per square foot
of surface area of the sign, with a minimum fee of $75, computed on
each side of the sign to be displayed. This fee shall be in addition
to fees required for any application to the Planning Board or Board
of Adjustment as established by ordinance.
[Amended 11-5-2009 by Ord. No. 10-09]
H.
Fences. The fee for a permit to construct a fence
shall be $50, which includes the plan review fee. This fee shall be
in addition to any Planning Board or Zoning Board application fees
which may be required. Fences required for swimming pools shall be
$35. The replacement of more than 20% of an existing fence shall be
deemed to be a new fence.
[Amended 11-5-2009 by Ord. No. 10-09]
I.
Certificates of occupancy/certificates of acceptance.
The fees for a certificate of occupancy and certificate of acceptance
shall be as follows:
[Amended 11-5-2009 by Ord. No. 10-09]
|
Unit
|
Fee
| |
|---|---|---|
|
Each new business, industrial or residential structure
|
$120
| |
|
Each residential addition/alteration
|
$80
| |
|
Each addition/alteration, all other use groups
|
$120
| |
|
Each new business, industrial
|
$120
| |
|
Each unit of condominiums or townhouses
|
$120
| |
|
Each commercial tenant or change of use
|
$100
| |
|
Continued occupancy letter
|
$100
| |
|
Each swimming pool, dock, alteration, detached garage and accessory
structure
|
$80
|
J.
A certificate of occupancy shall be issued only if
current property taxes and any outstanding building violation penalties
are paid.
K.
Miscellaneous certifications. The fees for miscellaneous
certifications shall be as follows:
[Amended 11-5-2009 by Ord. No. 10-09]
(1)
The
fee for each request for written clarification of any sort shall be
$60. This shall include but not be limited to requests for floodplain
information, availability of sewers, or inquiries into the requirement
for certificates of code compliance upon resale of residential property
and requests for zoning permits.
(2)
The
fee for a temporary certificate of occupancy shall be $35.
(3)
The
fee for a change of contractor shall be $15.
(4)
The
fee for an application for a variation shall be $65.
L.
Plumbing/mechanical subcode fees.
(1)
The fees for installation of the following types of
fixtures under the plumbing subcode shall be as follows:
[Amended 11-5-2009 by Ord. No. 10-09; 3-2-2017 by Ord. No. 1-17]
|
Fixture/Equipment
|
Fee
| ||
|---|---|---|---|
|
Water closet
|
$20
| ||
|
Urinal/bidet
|
$20
| ||
|
Bathtub
|
$20
| ||
|
Lavatory
|
$20
| ||
|
Shower
|
$20
| ||
|
Floor/roof drain
|
$20
| ||
|
Sink
|
$20
| ||
|
Dishwasher
|
$20
| ||
|
Drinking fountain
|
$20
| ||
|
Washing machine
|
$20
| ||
|
Hose bib
|
$20
| ||
|
Residential dishwasher
|
$20
| ||
|
Water cooler
|
$20
| ||
|
Water softener
|
$20
| ||
|
Condensate line
|
$20
| ||
|
Initial fuel piping (install gas or other)
|
$50
| ||
|
Addtional fuel piping connections, per 50 feet, gas or other
|
$15
| ||
|
Water heater (install)
|
$50
| ||
|
Boiler installation and replacement
|
$65
| ||
|
Sewer pump or ejector
|
$60
| ||
|
Interceptor/separator
|
$50
| ||
|
Backflow preventer
|
$35
| ||
|
Grease trap
|
$75
| ||
|
Water-cooled air-conditioning or refrigeration
unit
|
$75
| ||
|
Sewer/septic connection
|
$80
| ||
|
Water service connection (installation and replacement)
|
$80
| ||
|
Gas service connection (installation and replacement)
|
$50
| ||
|
Commercial dishwasher (installation)
|
$50
| ||
|
Reduced-pressure backflow device
|
$50
| ||
|
Vent stack
|
$25
| ||
|
Dry well
|
$40
| ||
|
LP gas tank
|
$75
| ||
|
Steam boiler
|
$65
| ||
|
Hotwater boiler
|
$65
| ||
|
Residential air-conditioning unit
|
$25
| ||
|
Active solar system
|
$65
| ||
|
Pool heater
|
$65
| ||
|
Vacuum breaker
|
$35
| ||
|
In-ground pool
|
$50
| ||
|
Minimum plumbing/mechanical permit fee:
|
$100
| ||
|
Residential
|
$100
| ||
|
Commercial
|
$150
| ||
|
Mechanical replacement/rehabilitation in R-3, R-4, and R-5:
| |||
|
Grease traps and oil separators, back flow prevention devices
(other than lawn sprinkler)
|
$225
| ||
|
Refrigeration/air conditioning units, utility service connections,
steam boilers, hot water boilers and sewer pumps
|
$175
| ||
|
Hot air furnaces for hot water heaters, gas piping, gas service
entrance, active solar systems, generators and all other fuel consuming
appliances and fuel oil piping
|
$150
| ||
M.
Fire subcode fees.
(1)
The fees under the fire subcode shall be as follows:
[Amended 11-5-2009 by Ord. No. 10-09]
|
Description
|
Fee
| ||
|---|---|---|---|
|
Automatic fire alarm system
|
$40
| ||
|
1 to 10 detectors
|
$50
| ||
|
11 to 20 detectors
|
$100
| ||
|
21 to 100 detectors
|
$150
| ||
|
101 to 200 detectors
|
$300
| ||
|
201 to 400 detectors
|
$425
| ||
|
401 to 1,000 detectors
|
$550
| ||
|
Over maximum
|
$550
| ||
|
Flammable liquid storage tanks
|
$250
| ||
|
Combustible liquid storage tanks
|
$150
| ||
|
Liquid gas storage tanks
|
$100
| ||
|
Sprinkler systems
| |||
|
1 to 20 heads
|
$10
| ||
|
21 to 100 heads
|
$100
| ||
|
101 to 200 heads
|
$150
| ||
|
201 to 400 heads
|
$315
| ||
|
401 to 1,000 heads
|
$500
| ||
|
1,001 heads or more
|
$650
| ||
|
Over maximum
|
$650
| ||
|
Kitchen hood exhaust systems, commercial
|
$125
| ||
|
Kitchen hood protection systems
|
$100
| ||
|
Gas- or oil-fired appliance (except replacements or rehabilitation in Group R-3, R-4 and R-5, see Subsection L above)
|
$50
| ||
|
Fireplace or woodburning stove
|
$60
| ||
|
Gasoline pump
|
$180
| ||
|
MPD (multiple product dispenser)
|
$200
| ||
|
Residential storage tank installation, removal or abandonment,
indoors or outdoors:
| |||
|
Residential
|
$100
| ||
|
Nonresidential
|
$250
| ||
|
Dry pipe/alarm valves
|
$35
| ||
|
Pre-action valves
|
$35
| ||
|
Smoke control systems
|
$100
| ||
|
Standpipes, per riser
|
$250
| ||
|
Minimum fire subcode fee:
|
$75
| ||
|
Residential
|
$75
| ||
|
Commercial
|
$150
| ||
|
Incinerator
|
$260
| ||
|
Crematorium
|
$260
| ||
|
Other fire-protection systems not mentioned
|
$125
| ||
|
Chimney liner
|
$75
| ||
|
Pre-engineered systems
|
$75
| ||
|
Fire/pump GPM type (fueled or electric)
|
$250
| ||
|
Fireplace venting/metal chimney
|
$25
| ||
|
Supervisory devices
|
$10
| ||
|
Signaling devices
|
$10
| ||
N.
Electrical subcode fees. The fees for installation
or replacement under the electrical subcode shall be:
|
Type
|
Fee
| ||
|---|---|---|---|
|
Fixtures, (including lighting fixture receptacle, switch, smoke/heat
detector, alarm device/F.A.C. panel, signaling device, thermostat,
emergency and exit light, communication point, motor or electrical
device of less than 1 horsepower or less than 1 kilowatt:
| |||
|
1 to 50
|
$50
| ||
|
Increments of 25 thereafter or $2 each
|
$50
| ||
|
HP motors:
| |||
|
1 to 10 HP, each
|
$20
| ||
|
11 to 50 HP
|
$50
| ||
|
51 to 100 HP
|
$100
| ||
|
101 HP and over
|
$500
| ||
|
KW transformers/generators:
| |||
|
1 to 10 KW
|
$20
| ||
|
11 to 45 KW
|
$50
| ||
|
46 to 112.5 KW
|
$100
| ||
|
Above 112.5 KW
|
$500
| ||
|
AMP service:
| |||
|
Up to and including 200 amps
|
$100
| ||
|
201 to 400 amps
|
$150
| ||
|
401 to 1,000 amps
|
$300
| ||
|
Above 1,000 amps
|
$500
| ||
|
Swimming pool:
| |||
|
In-ground
|
$150
| ||
|
Aboveground
|
$75
| ||
|
Storable pool, spa or hot tub
|
$75
| ||
|
Steam unit
|
$20
| ||
|
Light pole, each
|
$5
| ||
|
Pool heater
|
$20
| ||
|
Exponential bonding/grounding
|
$75
| ||
|
Surface cooktop
|
$20
| ||
|
Air handler
|
$25
| ||
|
Radon
|
$20
| ||
|
Baseboard heating (kw):
| |||
|
1 to 10
|
$20
| ||
|
10 to 45
|
$50
| ||
|
Transfer switch
|
$25
| ||
|
Subpanels:
| |||
|
Residential
|
$25
| ||
|
Nonresidential
|
$75
| ||
|
Amp motor-control center
|
$75
| ||
|
Photovoltaic systems (kw):
| |||
|
Up to 50
|
$100
| ||
|
51 to 99
|
$150
| ||
|
Over 100
|
$500
| ||
|
Electric sign/outline light
|
$40
| ||
|
Annual inspection of public swimming pools, spas and/or hot
tubs
|
$50
| ||
|
Minimum fee for electrical permit:
| |||
|
Residential
|
$100
| ||
|
Nonresidential
|
$150
| ||
|
Septic pump and alarm
|
$75
| ||
|
Any fee not addressed by applicable ordinance will be calculated
using fees established by the Department of Community Affairs in accordance
with the provisions of N.J.A.C. 5:23-4.20.
| |||
O.
Miscellaneous fees.
(1)
The fee for installation of construction trailers
and temporary trailers due to damage to the main structure shall be
$100, plus the appropriate plumbing and electrical subcode fees.
[Amended 11-5-2009 by Ord. No. 10-09]
(2)
In order to create zero runoff on large additions,
new single-family dwellings, tennis courts and swimming pools, an
engineering escrow fee will be collected upon receipt of applications.
[Amended 11-5-2009 by Ord. No. 10-09]
(3)
Posting of bond; deposit required. No building permit
shall be issued for the erection, construction, reconstruction, alteration
or moving of any building or structure unless the applicant therefor
shall have deposited with the Building Inspector the sum of $5,000
and $1,500 for driveways as security for the faithful performance
of the following:
(a)
The repair of any street, curb, sidewalk, drain or
other municipal facility that may be damaged as a result of the performance
of the work for which the building permit was issued.
(b)
The cleaning of any street, sidewalk or drainage facility
that may be covered or filled with dirt, mud, silt, stone or other
debris that may wash down from the property as a result of the performance
of the work for which the building permit was issued.
(4)
Repair of damage or cleaning.
(a)
In the event of any damage to a municipal facility
as a result of the building work being performed, the applicant shall
repair such damage to the satisfaction of the Borough Engineer within
30 days after written notification by the Borough.
(b)
In the event that any street, sidewalk or drainage
facility shall require cleaning as a result of the building work being
performed, the applicant shall clean the same to the satisfaction
of the Borough Engineer or the Superintendent of Public Works within
24 hours after notification by the Borough.
(5)
Assessment of cost against deposit. In the event that
the applicant shall fail to repair any such damage to a municipal
facility or clean any street, sidewalk or drainage facility, the Borough
may perform such work or have the same performed and charge the costs
thereof against the security deposit, with the applicant being liable
for any deficiency. Upon completion of work for which the building
permit was issued, the security fund, less any reasonable charges
against the same as aforesaid, shall be returned to the applicant.
(6)
Waiver. Notwithstanding the foregoing provisions,
the Building Inspector may waive the requirement of a security deposit
where he shall be satisfied from the nature of the building permit
application and the extent of the work to be performed thereunder
that the interests of the public welfare and safety do not warrant
the requirement of a security deposit.
(7)
The
plan review fee for the installation of berms shall be $50 in addition
to all other fees, including Planning Board, Board of Adjustment and
engineering fees. In addition, the Zoning Officer shall have discretion
to waive engineering review fees on small additions of less than 1,000
square feet.
[Added 11-5-2009 by Ord. No. 10-09]
(9)
Tennis
courts. The permit fee shall be $200 plus the applicable review fees.
[Added 11-5-2009 by Ord. No. 10-09]
(10)
Piers.
The permit fee shall be $50 plus the applicable review fees.
[Added 11-5-2009 by Ord. No. 10-09]
(11)
Permits
requiring zoning review. The fee for all permits requiring zoning
review shall be $50 per initial review and $25 per resubmission for
review of additions/alterations and new structures of any use groups.
The permit application fee for fences which do not require a building
permit as defined by N.J.A.C. 5:23-2.14(b)9 and sheds under 100 square
feet is $25, with payment to be made upon submission of application.
A zoning review is required when the project or work affects any Borough
ordinance. The required engineering fee is to be paid through the
Building Department. The permit fee shall be $50, plus the applicable
review fees.
[Added 11-5-2009 by Ord. No. 10-09]
(12)
Driveways.
No fee is required for the resurfacing or coating of a driveway. Where
a driveway is renovated so as to be completely removed and replaced
in the exact location, the fee shall be $50 plus the review fees and
applicable bond. The fee for a new driveway which is completely removed
and resized shall be $100 plus the review fees and applicable bond.
The bond amount shall be $1,500.
[Added 11-5-2009 by Ord. No. 10-09]
(13)
Curb
cut replacement. Any new curb cut or curb replacement shall be required
to be reviewed by the Police Department, Department of Public Works,
Borough Engineer and, if applicable, the Bergen County Planning Board.
The fee shall be $50 plus the review fees and applicable bond. The
bond amount shall be $1,500.
[Added 11-5-2009 by Ord. No. 10-09]
(14)
Miscellaneous
engineering fees. If as a result of a complaint at a specific address
requiring the services of the Borough Engineer or other Borough professional
being required, the property owner or person in control of the property
shall be responsible for any fees incurred by the Borough.
[Added 11-5-2009 by Ord. No. 10-09]
(15)
Zoning
permits and application. A zoning permit application shall be required
to be completed and submitted for approval to the Zoning Official
for any new home plan review, addition or renovation plan review,
pool plan review, new driveways (other than part of a new home), driveway
renovations, sheds, tennis courts, piers, fences and any other work
affecting any local ordinance. Upon approval, the applicant will be
issued a window card which shall be displayed on the addressable street
side of the structure clearly visible from the adjoining street or
right-of-way.
[Added 11-5-2009 by Ord. No. 10-09]
The Construction Official shall, with the advice
of the subcode officials, prepare and submit to the 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.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
A.
In order to provide for training, certification and
technical support programs required by the Uniform Construction Code
Act and the regulations, the enforcing agency shall collect a surcharge
fee per cubic foot of volume of new construction and additions. The
surcharge fee shall be computed on a percentage per $1,000 of value
of construction as set forth in N.J.A.C. 5:23-4.19 for all alterations.
Said surcharge fee shall be remitted to the Bureau of Housing Inspection,
Department of Community Affairs, on a quarterly basis for the fiscal
quarters ending September 30, December 31, March 31 and June 30, and
not later than one month next succeeding the end of the quarter for
which it is due. In the fiscal year in which the regulations first
become effective, said fee shall be collected and remitted for the
third and fourth quarters only.
[Amended 5-8-1986 by Ord. No. 8-86; 9-10-2003 by Ord. No. 12-03]
B.
The enforcing agency shall report annually at the
end of each fiscal year to the Bureau of Housing Inspection, and not
later than July 31, the total amount of the surcharge fee collected
in the fiscal year. In the fiscal year in which the regulations first
become effective, said report shall be for the third and fourth quarters
only.
[Added 10-14-1998 by Ord. No. 21-98]
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.
A.
Any person or corporation, including an officer, director
or employee of a corporation, who violates any of the provisions of
the Act[1] or rules promulgated thereunder, or constructs a structure
or building in violation of a condition of a building permit, or fails
to comply with any order issued by an enforcing agency, or makes a
false or misleading written statement or omits any required information
or statement in any application or request for approval to an agency
shall be subject to a penalty of not more than $500.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
B.
Anyone who knowingly refuses entry or access to an
inspector lawfully authorized to inspect any premises, building or
structure pursuant to this Act or who unreasonably interferes with
such an inspection shall be subject to a fine of not more than $250.
C.
With respect to failure to comply with an order issued
by an enforcing agency, a person shall be guilty of a separate offense
for each day that he fails to comply with a stop-construction order
validly issued by an enforcing agency and for each week that he fails
to comply with any other order validly issued by an enforcing agency.
With respect to violations of the Act or rules promulgated thereunder
or with respect to making false or misleading statements or omitting
any required information or statement in any application in any application
or request for approval to an agency, a person shall be guilty of
a separate offense for each violation of any provision of the Act
or rules promulgated thereunder and for each false or misleading written
statement or omission of required information or statement made in
any application or request for approval to an enforcing agency. A
person shall be guilty of a separate offense for each violation of
the conditions of a construction permit.
D.
The above-mentioned penalties are subject to change
through amendments or supplements to the Act. Payment of a money judgment
pursuant hereto brought by the municipality shall be remitted to the
Municipal Treasurer of the Borough of Upper Saddle River.
