Township of Moorestown, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Moorestown: Art. I, 12-27-1976 by Ord. No. 850; Art. II 12-10-1979 by Ord. No. 1016. Section 56-1A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 6.
Fire prevention and protection — See Ch. 79.
Flood damage prevention — See Ch. 83.
Subdivision of land — See Ch. 158.
Water and sewers — See Ch. 175.
Zoning — See Ch. 180.
Dwellings unfit for human habitation (Board of Health) — See Ch. 192.
[Adopted 12-27-1976 by Ord. No. 850]
A. 
There is hereby established in the Township of Moorestown a State Uniform Construction Code enforcing agency, to be known as the "Division of Buildings and Inspections," 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 of the State of New Jersey shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the head of the Division of Buildings and Inspections.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
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[2] and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position.
[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 enforcing agency at one office location, except for emergencies and unforeseen or unavoidable circumstances.
[Amended 12-10-1990 by Ord. No. 1558-90]
All appeals from decisions by the enforcing agency shall be heard by the Burlington County Construction Board of Appeals.
[Amended 10-26-1987 by Ord. No. 1380; 4-11-1988 by Ord. No. 1399; 11-13-1989 by Ord. No. 1497-89]
A. 
The fees to be charged by the Construction Code Official shall be set annually by resolution of the governing body.
[Added 12-14-2015 by Ord. No. 28-2015]
B. 
In the event the Township requires the services of a third-party inspection agency, the fees to be charged by the Construction Code Official and each third-party inspection agency employed by the Township shall hereafter be as set forth in the fee schedule contained in the administrative code provisions enacted by the State of New Jersey Department of Community Affairs, N.J.A.C. 5:23-4.17 through 5:23-4.20 and N.J.A.C. 5:23-8.10 and as amended by contracts in effect at the time. The fees set forth herein shall automatically be revised or amended without further action by the Township Council upon the promulgation of amendments or revision to N.J.A.C. 5-23-4.17 through 5:23-4.20 and N.J.A.C. 5:23-8.10 and by the State of New Jersey Department of Community Affairs or its successor agency.
[Amended 5-13-1991 by Ord. No. 1575-91; 2-12-1996 by Ord. No. 1777-96; 12-14-2015 by Ord. No. 28-2015[1]]
[1]
Editor’s Note: This ordinance also redesignated former Subsections B through H as Subsections C through I, respectively.
C. 
Administrative fee. At any time a third-party inspection agency is to perform the inspections required of any of the uniform construction subcodes, the Township shall add an administrative fee of 55% to the cost of the permit for that subcode.
[Added 9-24-1990 by Ord. No. 1554-90[2]; amended 1-26-2004 by Ord. No. 1-2004; 1-22-2007 by Ord. No. 1-2007; 4-7-2008 by Ord. No. 8-2008]
[2]
Editor's Note: This ordinance also provided for the relettering of former Subsections B, C and D as Subsections C, D and E, respectively.
D. 
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Township Manager, annually, 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.[3]
[Amended 2-12-1996 by Ord. No. 1777-96]
[3]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
E. 
In order to provide for the training and certification and technical support programs required by the State Uniform Construction Code Act, N.J.S.A. 52:27D-123e, the enforcing agency shall collect a surcharge fee based on construction within the municipality. Said fee shall be collected, accounted for and forwarded to the Bureau of Regulatory Affairs in the manner provided for in the Uniform Construction Code, N.J.A.C. 5:23-4.19(a) through (c). The fees, accounting and payment set forth herein shall automatically be revised and amended without further action by the Township Council upon the promulgation of amendments or revision to N.J.A.C. 5:23-4.19 by the State of New Jersey Department of Community Affairs or its successor agency.
[Amended 2-12-1996 by Ord. No. 1777-96]
F. 
The enforcing agency shall provide reports as set forth in the Administrative Code enacted by the State of New Jersey Department of Community Affairs, N.J.A.C. 5:23-4.17(b). The reports set forth herein shall automatically be revised or amended without further action by the Township Council upon the promulgation of amendments or revisions to N.J.A.C. 5:23-4.17(b).
[Amended 2-12-1996 by Ord. No. 1777-96]
G. 
Administrative and plan review fees are not refundable.
[Added 5-13-1991 by Ord. No. 1575-91]
H. 
All fees shall be adjusted to the next-higher dollar amount.
[Added 5-13-1991 by Ord. No. 1575-91]
I. 
Waiver of building permit fees.
[Added 10-4-1999 by Ord. No. 1902-99]
(1) 
A disabled person, or a parent or guardian of a disabled person acting on his or her behalf, shall not be charged for construction permits for any construction, reconstruction, alteration or improvement which promotes accessibility to the existing private living unit of the said disabled person.
(2) 
"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 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 correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less.
A. 
The following fire limits are established pursuant to N.J.A.C. 5:23:
(1) 
Main Street commercial area: the north side of Main Street from the western side line of Schooley Street to the eastern side line of North Church Street and extending 225 feet in depth.
(2) 
Moorestown Mall: Block 172A. Lots 1, 1-A and 1-B.
(3) 
K-Mart Shopping Center: Block 172, Lot 1.
B. 
The Construction Official shall prepare and submit to the Township Manager, biannually, a report reevaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official and the Fire Subcode Official regarding those areas which should be designated as within the fire limits, with reasons therefor.
[Adopted 12-10-1979 by Ord. No. 1016]
A. 
Prior to the issuance of a building permit for any new main building, except farm buildings for nonresidential use, there shall be submitted a site plan, which shall include the location of the improvements to be constructed and existing improvements and topographical features, including main buildings, sidewalks and driveways, existing grades of all abutting properties, the center-line grade of the road upon which the lot is located, existing or proposed curb grades, existing or proposed sidewalk grades and the proposed final grading for all paved as well as unpaved areas. Existing and proposed contours shall not have more than one-foot intervals.
B. 
The plan shall also indicate the proposed basement floor elevation, existing ground elevation at the center of the proposed building location, the proposed elevation at the top of the foundation, existing drainage features in the area and existing or proposed underdrain or storm drainage systems on the property or within 100 feet of the proposed building.
Unpaved areas around the perimeter of a building shall be graded with at least a three-percent slope for a minimum distance of 25 feet, i.e., nine inches of fall in 25 feet. The distance may be reduced to less than 25 feet but not less than 10 feet, but at no time may the minimum fall of nine inches be reduced unless the overall grading plan indicates:
A. 
Not more than 10% of the area around the circumference of the building fails to meet the above requirement and no downspouts discharge to the nonconforming areas;
B. 
Alternate forms of drainage will be employed, e.g., French drains;
C. 
A comprehensive overall grading plan of a subdivision which requires variations from the standards, e.g., the need for ridge lines running away from a foundation;
D. 
The existence of trees or other landscaping considerations.
E. 
Setback requirements less than 25 feet as permitted by the Zoning Ordinance of the Township of Moorestown;[1]
[1]
Editor's Note: See Ch. 180, Zoning.
F. 
Construction which does not include below-grade basements or crawl spaces, e.g., slab construction; or
G. 
Aesthetic qualities of a home site in relation to the street and nearby properties which preclude such grading.
The allowable minimum grade for paved areas adjacent to buildings shall be 1/2 of 1%. In any case where the Building Inspector has made an initial determination that a relaxation of these standards is appropriate, a report of his findings and the proposed plan shall be submitted to the Director of the Department of Community Development for his review and comment. The Director of the Department of Community Development[1] shall prepare his report and comment to the Building Inspector within 45 days of receiving the information. The Building Inspector shall, upon receipt of the Director's report or within 50 days of submitting his report of findings to the Director, whichever is earlier, make a final determination in regard to the request. The Director of the Department shall inform the Township Manager of the final decision of the Building Inspector within 60 days of the decision. The Manager shall report this information to the members of the Township Council.
[1]
Editor's Note: As to the Department of Community Development, see Ch. 6, § 6-31.
The owner or builder shall provide to the Building Inspector, upon completion of the foundation, an as-built plan, indicating the actual elevations of the basement floor and the top of the foundation. Further construction on the site may continue prior to receipt by the Building Inspector of said as-built plan. In the event that said plan shall indicate that the foundation is not in conformance with the approved plan, the owner or builder shall be fully responsible to make said foundation comply with such plan regardless of construction which has occurred prior to the receipt of the foundation as-built plan by the Building Inspector. The Building Inspector may approve revisions to the approved plan in order to accommodate conditions discovered or changes occurring during construction, as long as the overall objective is met.
Depending on the drainage conditions in the area and the proposed depth of the basement or crawl space, the Building Inspector may require additional improvements to accommodate groundwater conditions which may cause basement water problems. If gravity underdrain systems are not available to the development and, in the opinion of the Building Inspector, high groundwater conditions can be expected which would lead to a danger of interior flooding of the cellar, crawl space or part of the proposed structure, the Building Inspector may require a pumping system or other recognized method of facilitating the alleviation of subsurface water conditions. Should no satisfactory method be available, the basement or crawl space is prohibited.
A. 
The discharge system for either a pumped or gravity flow system for subsurface water shall include the provision for check valves which meet the requirements of the Township of Moorestown.
B. 
Wherever it appears that the proposed method of drainage may carry deleterious substances into sewers, drainpipes, creeks, ponds, streams or other waterways within the township or where the method of drainage may increase the volume and speed of runoff of water so as to endanger the health and safety of residents of the township or create a danger of flooding or erosion to properties of abutting landowners or the township, the Building Inspector, in his discretion, may require that sediment basins, retention areas or other structures be built to hold said drainage or to decrease the volume and speed of the same prior to the issuance of a building permit.
A permanent certificate of occupancy should not be issued until the provisions of this article have been complied with.