[HISTORY: Adopted by the Township Committee
of the Township of Hillsborough 3-10-2020 by Ord. No. 2020-06.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 145,
Uniform Construction Codes, adopted 12-28-1976 by Ord. No. 76-23,
as amended.
A.Â
There is hereby established in Hillsborough Township, New Jersey,
a State Uniform Construction Code enforcing agency to be known as
the "Hillsborough Building Department," 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.Â
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,[1] 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.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
C.Â
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. Said office shall be at the Hillsborough
Township Municipal Building, 379 South Branch Road, Hillsborough,
New Jersey.
These services are provided by Somerset County.
A.Â
Waiver of construction permit surcharge and enforcing agency fees
for construction to promote accessibility by disabled persons, as
stated in N.J.S.A. 52:27D-126e, the State Uniform Construction Code
Act.
(1)Â
No person shall be charged a construction permit surcharge fee or
enforcing agency fee, except those fees for subcode inspections not
performed by Township employees, for any construction, reconstruction,
alteration, or home improvement designed and undertaken solely to
promote accessibility by disabled persons to an existing private structure,
or any of the facilities contained therein.
(a)Â
For the purposes of this section, "disabled person" means a
person who has the total and permanent inability to engage in any
substantial gainful activity by reason of any medically determinable
physical or mental impairment, including blindness, and shall include,
but not be limited to, any person who is disabled pursuant to the
Federal Social Security Act (42 U.S.C. § 416), or the Federal
Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.),
or is rated as having a 60% disability or higher pursuant to any federal
law administered by the United States Veterans Administration. For
purposes of this subsection, "blindness" means central visual acuity
of 20/200 or less in the better eye with the use of correcting lenses.
An eye which is accompanied by a limitation in the field of vision
such that the widest diameter of the visual field subtends an angle
no greater than 20° shall be considered as having a central visual
acuity of 20/200 or less.
B.Â
The fee for a construction permit shall be the sum of the subcode fees listed in Subsection B(1) through (6) hereof and shall be paid before the permit is issued. Excluded from the construction fee schedule set forth herein is any unattached structure under 30 inches in height which is accessory to landscaping development on the property. For purposes of example only, not limitation, such landscaping structures may include railroad ties, rock gardens, patio pallet construction, and similar items. All use groups and construction classifications referenced herein are as defined by the New Jersey Uniform Construction Code.
(1)Â
The minimum building subcode fee shall be $60 for the R-2 Use Group,
$70 for the R-3, R-4, and R-5 Use Groups, and $100 for all other use
groups.
(a)Â
New construction and additions. Fees for new construction shall
be based upon the volume of the structure in cubic feet.
[1]Â
For the following use groups, the fee shall be based on the
formula of volume times $0.068: B (Business), H (High Hazard), I-1
through I-4 (Institutional), M (Mercantile), R-1 through R-5 (Residential),
E (Educational).
[2]Â
For the following use groups, the fee shall be based on the
formula of volume times $0.042: A-1 through A-5 (Assembly), F-1 through
F-2 (Factory), and S-1 through S-2 (Storage).
[a]Â
Building subcode fee for commercial farm buildings,
as defined by the New Jersey Uniform Construction Code, N.J.A.C. 5:23-3.2(d),
shall not exceed $2,290. Volume calculation shall be in accordance
with N.J.A.C. 5:23-4.18(c).
[b]Â
The unit rate for large, open-volume, single-story
spaces in buildings, such as barns, silos, greenhouses, warehouses,
distribution centers, and other agricultural, and storage-use occupancies,
shall be based on the formulate of volume times $0.040, calculated
per N.J.A.C. 5:23-4.18(c)vi(1).
(b)Â
Renovations, alterations, and repairs. Fees for renovations,
alterations, and repairs, including decks and raised patios, shall
be based upon the estimated cost of the work. (The applicant shall
submit cost data by an architect or engineer of record, a recognized
estimating firm or by contractor bid. The Department will review the
construction cost for acceptability). The fees shall be as follows:
Estimated Cost
|
Fee
|
---|---|
$1 to $100,000
|
$35 per $1,000
|
$100,001 to $200,000
|
$32 per $1,000
|
$200,001 to $300,000
|
$30 per $1,000
|
Over $300,000
|
$28 per $1,000
|
(c)Â
Additions and renovations, alterations or repairs. Fees for additions and renovations, alterations or repairs shall be a combination of rates set by Subsection B(1)(a) and (b) above.
[1]Â
All required roof permits shall have a flat fee charged of $70 for the R5 Use Group, and $140 for the R2 Use Group. All other use groups shall be charged fees based on the cost of the construction, at the same rate of Subsection B(1)(b) above.
[2]Â
All required siding permits shall have a flat fee charged of $70 for the R5 Use Group. A fee of $20 per $1,000 of construction costs shall be charged for the R2 Use Group. All other use groups shall be charged fees based on the cost of the construction, at the same rate of Subsection B(1)(b) above.
[3]Â
Radon vent systems shall be charged the minimum fee for the
first vent stack, and 50% of the minimum fee for each additional vent
stack.
(e)Â
Asbestos abatement fee: 200% of the minimum fee.
[1]Â
Certificate of occupancy fee for asbestos abatement: 50% of
the minimum fee.
(f)Â
Fences (over six feet in height), 200% of the minimum fee.
(h)Â
Temporary signs: minimum fee.
(j)Â
Demolition. Flat rate, depending on building class when occupied
as follows.
(k)Â
Installation or erection of temporary structures, tents, tensioned
membrane structures, canopies, and greenhouses, as defined in N.J.A.C.
5:23 shall be $250.
(m)Â
Fees for retaining walls shall be as follows:
[1]Â
The fee for a retaining wall with a surface area greater than
550 square feet that is associated with a Class 3 residential structure
shall be $240.
[2]Â
The fee for a retaining wall with a surface area of 550 square
feet or less that is associated with a Class 3 residential structure
shall be $140.
(n)Â
Photovoltaic systems.
[1]Â
Ground-mounted systems shall be charged fees based on the cost of the construction, at the same rate of Subsection B(1)(b) above.
[2]Â
Roof-mounted installations shall be charged a flat fee of $160
for Use Group R5. All other use groups shall be charged fees based
on the designated kilowatt rating of each solar photovoltaic systems
as follows:
(2)Â
The minimum plumbing subcode fee shall be $60 for the R-2 Use Group,
$70 for the R-3, R-4 and R-5 Use Groups, and $100 for all other use
groups. All other fees shall be charged as stated below.
(a)Â
The fee shall be $20 per drip pan, humidifier, whirlpool tub,
combustion air, fixture, vent or stack. For the purpose of computing
this fee, fixtures, vents or stacks shall include but not be limited
to water closets, urinals, bidets, lavatories, sinks, showers, floor
drains, washing machines, dishwashers, hose bibs, drinking fountains,
indirect waste or water connections, residential solar systems, roof
drains, storm drains, leaders, sump pumps, and conductors.
(b)Â
The fee shall be $80 per special device. For the purpose of
computing this fee, special devices shall include but not be limited
to sewage ejectors, commercial water conditioning equipment, commercial
water heaters, grease traps, oil separators, refrigeration units,
backflow devices, reduced pressure backflow devices, booster pumps,
heat exchangers, furnaces, air-conditioning condensers and coils,
active solar systems, sewer pumps, interceptors, and trap primers.
(c)Â
A flat fee of $200 shall be charged for each new nonresidential
complete HVAC system installation, consisting of a furnace, compressor,
A-coil, drip pan, condensate pump or discharge line, humidifier, or
any combination thereof, and shall include inspection for required
combustion air.
(d)Â
A fee of $160 shall be charged for the first two pieces of equipment
of each new nonresidential mini-split system. $40 shall be charged
for each additional piece of equipment thereafter.
(e)Â
The minimum fee shall be charged for each residential sewer,
septic and water utility connection. The fee for commercial, industrial,
private on-site sanitary and storm sewers and domestic water lines
and combination mains shall be $100 for up to and including the first
100 feet. Each additional 10 feet or portion thereof shall be charged
an additional $20 per 10 feet or portion thereof.
(f)Â
The minimum fee shall be charged for each of the following:
furnace, residential water heater, swimming-pool water heater, water
heater coil, ultraviolet system, central air conditioning, pool drains,
steam shower units, commercial-industrial refrigeration piping, package
units, and tempering valves. Gas piping, liquefied petroleum gas piping,
and fuel oil piping shall each be charged the minimum fee, and include
provisions for the installation of up to four appliances. For the
fifth and each additional appliance, the fee shall be an additional
$20.
(g)Â
Hot water and steam boilers: $160 shall be charged for each
new or replacement complete hot water and steam boiler system installation,
consisting of a boiler, backflow preventer, temperature mixing valve
control, domestic hot water coil combustion air, or any combination
thereof.
(h)Â
The minimum fee shall be charged for single-boiler hydronic
piping for the R-5 Use.
(i)Â
Liquefied petroleum gas tanks shall be charged the minimum fee
for the first two tanks. $30 shall be charged for each tank thereafter.
(j)Â
Geothermal systems: $160 for each system, inclusive of all piping
and equipment.
(k)Â
Roof top units: $120 each.
(3)Â
Mechanical subcode fees, which are only applicable to the R-3, R-4
and R-5 Use Groups, shall be $70 minimum, and shall otherwise be charged
as follows:
(a)Â
The fee for the replacement of an individual mechanical device
shall be the minimum fee for the first device, and 50% of the minimum
fee for each additional device, and shall include inspection for required
combustion air.
(b)Â
No separate fee shall be charged for gas, fuel oil, or water
piping connections associated with the mechanical equipment inspected.
(c)Â
A flat fee of $140 shall be charged for each new or replacement
complete HVAC system installation, consisting of a furnace, compressor,
a-coil, drip pan, condensate pump or discharge line, humidifier, combustion
air, or any combination thereof.
(4)Â
The minimum electrical subcode fee shall be $60 for the R-2 Use Group,
$70 for the R-3, R-4 and R-5 Use Groups, and $100 for all other use
groups. All other fees shall be charged as stated below.
(a)Â
Electrical fixtures, devices, and light poles or standards:
[1]Â
From one to 10 receptacles, fixtures or switches: minimum fee.
[2]Â
Each additional 20 receptacles, fixtures or switches or portion thereof: 50% of the minimum fee, per applicable use group, as stated in Subsection B(4) above.
[3]Â
For the purpose of computing this fee, receptacles, fixtures
or switches shall include lighting outlets, smoke detectors, heat
detectors, fluorescent fixtures and receptacles, intercom devices,
burglar alarm detectors, thermostats, CRT (cathode-ray terminal) outlets
and any similar device or motor of one horsepower or one kilowatt
or less.
(b)Â
Motors.
Size
(horsepower)
|
Fee for each
|
---|---|
1.1 to 10
|
$20
|
10.1 to 50
|
Minimum fee, per applicable use group, as stated in Subsection B(4) above
|
50.1 to 100
|
200% of the minimum fee, per applicable use group, as stated in Subsection B(4) above
|
100.1 to 500
|
$330
|
Over 500
|
$330 plus $120 for each additional 100 horsepower over 500 horsepower
|
(c)Â
Electrical devices, transformers and commercial standby generators:
Size
(kilowatts/kva)
|
Fee for each
|
---|---|
1.1 to 10
|
50% of the minimum fee, per applicable use group, as stated in Subsection B(4) above
|
10.1 to 50
|
$80
|
50.1 to 100
|
200% of the minimum fee, per applicable use group, as stated in Subsection B(4) above
|
100.1 to 500
|
$330
|
Over 500
|
$330 plus $120 for each additional 100 kilowatts over 500 kilowatts
|
(d)Â
Residential standby generators:
Number of Kilowatts
|
Fee
|
---|---|
1 to 12
|
$80
|
12.01 to 20
|
$100
|
20.01 to 30
|
$120
|
For each additional 10
|
$20
|
(e)Â
For the purpose of computing this fee, typical electric device
sizes are listed below, and the proper kilowatt rating must be noted
on the application so that the proper fee can be assessed. This typical
list is not all-inclusive.
(f)Â
Low-voltage service equipment, including service panels, subpanels,
and service entrances.
Size
(amperes)
|
Fee
|
---|---|
Under 200
|
$80
|
200
|
$160
|
Over 200 to 800
|
$200
|
800.01 to 2,000
|
$330
|
Over 2,000
|
$330 plus $120 for each additional 500 amperes over 2,000 amperes
|
(g)Â
High-voltage service (over 600 volts): $550.
(h)Â
For electrical work requiring replacement of service entrance conductors or feeder conductors only, the fee shall be based on the designated ampere rating of the overcurrent device of the service or feeder in accordance with Subsection B(4)(f) above.
(i)Â
Construction temporary pole service including up to 10 receptacles: 200% of the minimum fee, per applicable use group, as stated in Subsection B(4) above.
(k)Â
(l)Â
Trailer connections: minimum fee, per applicable use group, as stated in Subsection B(4) above.
(m)Â
Photovoltaic systems: The fee shall be based on the designated
kilowatt rating of each solar photovoltaic system as follows:
Number of Kilowatts
|
Fee
|
---|---|
1 to 10
|
$140
|
11 to 50
|
$260
|
51 to 100
|
$350
|
101 to 200
|
$400
|
For each additional 100
|
$75
|
(5)Â
The minimum fire subcode fee shall be $60 for the R-2 Use Group,
$70 for the R-3, R-4 and R-5 Use Groups, and $100 for all other use
groups. All other fees shall be charged as stated below.
(a)Â
Sprinkler heads.
Number of Heads
|
Fee
|
---|---|
1 to 5
|
Minimum fee
|
6 to 20
|
$120
|
21 to 100
|
$200
|
101 to 200
|
$250
|
201 to 400
|
$625
|
401 to 1,000
|
$850
|
1,001 to 1,400
|
$1,100
|
1,401 to 1,800
|
$1,350
|
Over 1,800
|
$1,600
|
(b)Â
Standpipe systems-each riser: $300 each.
(d)Â
Fire pumps: $300.
(e)Â
Each private fire hydrant: $100.
(f)Â
Installation of freestanding Fire Department connection: $200.
(g)Â
Underground fire service main shall be $100 for up to and including
the first 100 feet. Each additional 10 feet or portion thereof shall
be charged an additional $20 per 10 feet or portion thereof.
(i)Â
Pre-engineered systems; wet chemical, FM-200, carbon dioxide,
inergin, foam systems: $200 each.
(j)Â
Smoke control systems: $500.
(k)Â
Heat-producing devices, chimneys and generators. The minimum
fee shall be charged for each of the following: prefabricated fireplaces,
fireplace inserts, solid fuel stoves, pellet stoves, furnaces, metal
chimneys, chimney liners and generators.
(o)Â
Installation of underground water storage tanks: $250, each.
(r)Â
Liquid carbon dioxide system: $150 each.
(s)Â
Solar array, nonresidential uses: $150 each.
(t)Â
Elevator devices: $300 each.
(u)Â
Emergency responder radio systems: $300 flat fee.
(v)Â
Fire extinguisher fees shall be charged per number of units
installed as follows:
Number of Units
|
Fee
|
---|---|
1 through 10
|
No charge.
|
11 to 20
|
$80
|
21 to 40
|
$120
|
41 to 100
|
$160
|
101 or more
|
$200
|
(6)Â
Elevator subcode fee.
(a)Â
Elevator registration and plan review fees shall be as follows:
[1]Â
Initial registration fee for each elevator device in any structure
that is not of Group R-3, R-4, or that is not an exempted structure
of Group R-2, shall be $100. A re-registration fee of $100 shall be
required for each structure containing one or more elevator devices,
upon change of ownership.
[2]Â
The fees for plan review for elevator devices in structures
of Group R-3, R-4, or R-5 and for elevator devices wholly within dwelling
units in structures in Group R-2 shall be $92 for each device.
[3]Â
The fees for plan review for elevator devices, in structures
other than R-3, R-4, or R-5 and devices in structures of Group R-2
exempted above, shall be $480 for each device.
[4]Â
The fee for registration of elevator devices shall be $100,
and a re-registration fee will be due in the event of a change of
ownership.
(b)Â
The fees for witnessing acceptance tests and performing inspections
on new and altered devices shall be as follows:
[1]Â
Basic fees for elevator devices in structures not of Group R-3,
R-4, or R-5 or in an exempted structure shall be as follows:
[a]Â
Traction and winding drum elevators, one to 10
floors: $448; and over 10 floors: $747.
[b]Â
Hydraulic elevators: $398.
[c]Â
Roped hydraulic elevators: $448.
[d]Â
Escalators/moving walks: $398.
[e]Â
Dumbwaiters: $99.
[f]Â
Stairway chairlifts, inclined and vertical wheelchair
lifts and man lifts: $99.
(d)Â
The fee for elevator devices in structures of Group R-3, R-4
or R-5 or otherwise exempt devices in structures in Group R-2 shall
be $299. This fee shall be waived when signed statements and supporting
inspection and an approved qualified agent or agency files acceptance
test reports.
(e)Â
The fee for performing minor inspections shall be $100.
(f)Â
The fees for required routine and periodic tests for escalators
in structures not of Group R-3, R-4, or R-5 or otherwise exempt in
structures of Group R-2 shall be $211 for six-month routine inspection.
(g)Â
The fee for the one-year periodic inspection and witnessing
of tests of elevator devices, which shall include a six-month routine
inspection, shall be as follows:
(j)Â
The fee for any reinspection of an elevator device shall be
set at $203 and shall be billed separately from the fees upon the
issuance of a notice of violation necessitating a reinspection.
C.Â
The fee for plan review shall be 20% of the amount to be charged
for the construction permit. The fee for plan review of prototype
plans shall be 5% of the amount to be charged for the prototype permit.
D.Â
The fee for review of any amendment or change to a plan that has
already been released, and for any applicable joint plan review between
subcodes on an application, shall be charged at a rate of $40 per
one-half hour, per subcode. Fees shall be rounded to the nearest one-half
hour. A minimum fee of $40 shall be charged.
(1)Â
Change of contractor fee: $20 per subcode technical section issued.
F.Â
The fees for certificates of occupancy shall be as follows:
(1)Â
Certificate of occupancy. The fee shall be in the amount of 10% of
the new construction permit fee. The minimum shall be $120, except
for one- and two-family dwellings (R-5) wherein the minimum fee shall
be $60. This shall apply whether the certificate of occupancy is temporary
or permanent in nature.
(2)Â
Temporary certificate of occupancy. The fee for temporary certificate
of occupancy or extensions shall not exceed $30. There shall be no
fee charged for the first issuance of a temporary certificate of occupancy,
provided the certificate of occupancy fee is paid at that time.
(3)Â
Certificate of continued occupancy.
(a)Â
The fee for a certificate of continued occupancy shall be $200,
and shall be required for all changes in occupancy of nonresidential
use groups.
(b)Â
A certificate of continued occupancy issued for a finished basement
in a residential use group, in which work was completed prior to the
issuance of a construction permit, shall be charged a flat fee of
$400.
(4)Â
The fee for a certificate of occupancy granted to a change of use
shall be $200.
(5)Â
Occupancy placards: no fee for the first issuance. Fees for a replacement shall be charged the same as those for a temporary certificate of occupancy as stated in Subsection F(2) above.
(6)Â
The fee for a certificate of compliance for hazardous equipment maintained
or installed in accordance with the New Jersey Uniform Construction
Code, delineating the approval period, shall be $100.
G.Â
Limited certificates of approval.
(1)Â
Limitations. Equipment hereinbelow listed, having been determined
to create a significant potential for hazard to public health and
safety, shall be granted a certificate of approval by the appropriate
subcode official or other approved agency for the duration specified
herein:
(a)Â
Elevators, six months: $26.
(b)Â
Platform lifts, six months: $25.
(c)Â
Dumbwaiters, 12 months: $25.
(d)Â
High-pressure boilers, 12 months: as provided by the state.
(e)Â
Refrigeration systems, 12 months: as provided by the state.
(f)Â
Pressure vessels, 12 months: as provided by the state.
(g)Â
Cross-connections/backflow preventers (backflow preventers equipped
with test ports only), 12 months, each building: $100 for up to four
backflow preventers or portion thereof per building, included in the
report provided.
(2)Â
Such equipment shall be periodically reinspected or tested in accordance
with the provisions of the regulations prior to the expiration of
such certificate of approval and any violations corrected before a
new certificate may be issued.
(3)Â
No such system or assembly shall continue in operation unless a valid
certificate of approval has been reissued. It shall be a violation
of the regulations for an owner to fail to provide for such periodic
inspection and testing.
(4)Â
Revocation. The enforcing agency may revoke a certificate of occupancy
whenever a condition of a certificate has been violated.
(5)Â
Time limit. The provisions of the regulations do not preclude periodic
certification pursuant to other applicable laws or ordinances.
H.Â
Lapsed permits. The fee for the reinstatement of a lapsed permit,
for which no changes are made or required by mandated code changes,
shall be 50% of the original lapsed permit fee.
I.Â
No refunds will be given for inactive permits. Active permits fees
may be refunded in compliance with N.J.A.C. 5:23-2.27 and 5:23-4.23.
J.Â
State of New Jersey permit fees.
(1)Â
In order to provide for the training, certification and technical
support programs required by the Uniform Construction Code Act, the
enforcing agency, including the Department when acting as the local
agency, shall collect a surcharge fee of $0.00371 per cubic foot of
volume of new construction. The fee for all other construction shall
be $1.90 per $1,000 of value of construction. The minimum permit surcharge
fee shall be $1. 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 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.
(2)Â
The enforcing agency shall report annually at the end of each state
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 (state fiscal year)
quarters.
K.Â
Annual permits. The fee to be charged for an annual construction
permit shall be charged annually. This fee shall be a flat fee based
on the number of maintenance workers who are employed by the facility
and who are primarily engaged in work that is governed by a subcode.
Managers, engineers and clericals shall not be considered maintenance
workers for the purpose of establishing the annual construction permit
fee. Annual permits may be issued for building, fire protection, electrical
and plumbing. Fees shall be as follows:
(1)Â
One to 25 workers (including foreman): $960 per worker; each additional
worker over 25: $360 per worker.
(2)Â
Prior to the issuance of the annual permit, a training registration
fee of $260 per subcode shall be submitted by the applicant to the
Department of Community Affairs, Construction Code Element, Training
Section, along with a copy of the construction permit (Form F-170A).
Checks shall be made payable to "Treasurer, State of New Jersey."
L.Â
Hourly charges and fees for development-wide inspection of homes
after issuance of a certificate of occupancy shall be in such amount
as may be reasonable and necessary in order to ascertain whether a
violation exists or to verify that any work performed has abated the
violation.
M.Â
All penalty monies shall be collected under penalty provision of
the UCC. All penalties collected shall be retained by the Building
Department and shall be placed in a special trust fund to be applied
to the cost of the department for training, education, technical support
programs, certification, new equipment and transportation. An independent
fund shall be set up and retained by the Director of Finance to be
the trustee of this account.
N.Â
The Construction Official shall, with the advice of the subcode officials,
prepare and submit to the Township Committee, 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.
The establishment of fire limits and implementation of the requirements
relating thereto is hereby deferred pursuant to the enabling legislation
to be determined prior to July 1, 1979. Said action is being deferred
due to the existing conditions as indicated by the Building Construction
Official that there are no buildings or other properties in the Township
which come within the limitations as set forth in N.J.A.C. 5:23 and
that the Land Development Ordinance (Hillsborough Township Ord. No.
76-18[1]) does not permit any future construction of any building
or other property which would result in conditions controlled by N.J.A.C.
5:23.
The enforcing agency and the Board of Appeals may adopt rules
for their internal governance not inconsistent with any specific provision
of law or the regulations and subject to the approval of the Hillsborough
Township Committee.
A.Â
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 private structure or any of the
facilities contained therein.
B.Â
A disabled person, or a parent or sibling of a disabled person, shall
not be required to pay any municipal fee or charge in order to secure
a construction permit for any construction, reconstruction, alteration
or improvement which promotes accessibility to his or her own living
unit.
C.Â
"Disabled person" means a person who has a total and permanent inability
to engage in any substantial gainful activity by reason of any medically
determinable physical or mental impairment, including blindness, and
shall include, but not be limited to, any resident of this state who
is disabled pursuant to the Federal Social Security Act (42 U.S.C.
§ 416), or the Federal Railroad Retirement Act of 1974 (45
U.S.C. § 231 et seq.), or is rated as having a 60% disability
or higher pursuant to any federal law administered by the United States
Veterans Act. For purposes of this subsection, "blindness" means central
visual acuity of 20/200 or less in the better eye with the use of
a corrective lens. An eye which is accompanied by a limitation in
the fields of vision such that the widest diameter of the visual fields
subtends an angle no greater than 20° shall be considered as having
a central visual acuity of 20/200 or less.
The Construction Department is authorized to waive enforcing
agency fees for nonprofit organizations engaged in constructing or
rehabilitating affordable housing units as defined in N.J.S.A. 52:27D-126d,
but not Department of Community Affairs training fees, unless so qualified
by N.J.A.C. 5:23-4.19.