[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.]
[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 Construction 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 Construction
and Inspections.
[Adopted 3-13-1989 by Ord. No. 1463-89; 2-8-2021 by Ord. No. 3-2021]
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[1] 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.
[1]
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 are set forth in Schedule
A attached hereto entitled "Fee Schedule."[1]
[Added 12-14-2015 by Ord.
No. 28-2015; 5-20-2019 by Ord. No. 6-2019]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
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 Schedule A attached hereto
entitled "Fee Schedule."
[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[2]; 5-20-2019 by Ord. No. 6-2019]
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[3]; 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]
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.[4]
[Amended 2-12-1996 by Ord. No. 1777-96]
[4]
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.
[1]
Editor's Note: Former § 56-4, Fire limits, was repealed 2-8-2021 by Ord. No. 3-2021.
[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.
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.
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.
