Borough of Kenilworth, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 12-28-1976 by Ord. No. 76-32. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 71.
Contractors — See Ch. 80.
Fees and licenses — See Ch. 91.
Fire prevention — See Ch. 94.
Flood damage prevention — See Ch. 98.
Soil erosion and sediment control — See Ch. 167.
Subdivision of land — See Ch. 174.
Zoning — See Ch. 197.

§ 78-1 Establishment of enforcing agency; composition; office location.

A. 
There is hereby established in the Borough of Kenilworth a State Uniform Construction Code enforcing agency known as the "Building Department of the Borough of Kenilworth," consisting of a Building Inspector, a Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and such other subcode officials for such other 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 Building Inspector shall be the chief administrator of the enforcing agency.
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.

§ 78-2 Fees.

[Amended 11-9-1977 by Ord. No. 77-29]
A. 
Construction Department fees for plan review, permits, certificates and any other service provided by the Department, including fees for witnessing acceptance tests and performing inspections on new and altered elevator devices, shall be those allowed pursuant to N.J.A.C. 5:23-4.20 and 5:23-12.6, as may be amended from time to time.
[Amended 2-28-1978 by Ord. No. 78-4; 9-11-1979 by Ord. No. 79-19; 4-24-1996 by Ord. No. 96-8; 4-14-1999 by Ord. No. 99-4]
B. 
The Building Inspector shall, with the advice of the subcode officials, prepare and submit to the governing body of the Borough of Kenilworth, through the Building Committee thereof, biannually a report recommending a fee schedule based on the operating expenses of the Building Department and any other expenses of the Borough of Kenilworth fairly attributed to the enforcement of the State Uniform Construction Code.
C. 
Surcharge fee.
(1) 
In order to provide for the training certification and technical support programs required by the Uniform Construction Code Act and the Regulations,[1] the Building Department shall collect, in addition to the fees specified above, a surcharge fee as provided in Chapter 91, Fees and Licenses. 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 9-11-1979 by Ord. No. 79-19]
[1]
Editor's Note: "The regulations" refers to the regulations established by the Commissioner of the Department of Community Affairs.
(2) 
The Building Department 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.

§ 78-3 Fire limits.

[Added 3-14-1978 by Ord. No. 78-8]
The following fire limits are established in accordance with the provisions of Article 37 of the regulations for the New Jersey Uniform Construction Code:
A. 
All the area located within the Industrial A, Industrial B, Industrial C, Business A, Business B and Business C zone districts as laid down and delineated on a map entitled "Building Zone Map, Borough of Kenilworth, Union County, New Jersey," dated July 1963, and revised by Frank P. Koczur, Borough Engineer, January, 1975. This map is annexed hereto and made a part hereof.[1]
[1]
Editor's Note: This map is on file in the office of the Borough Clerk.
B. 
All other areas not included in the aforesaid fire limits shall be designated as outside fire limits.

§ 78-4 Expedited inspections; fee; applicability.

[Added 4-22-1998 by Ord. No. 98-8; amended 7-8-1998 by Ord. No. 98-20]
A. 
Any person or entity may apply for an inspection of a particular project or site on a day and time convenient to that person or entity. Any such application shall be made, in writing, to the Kenilworth Construction Department on a form to be provided by the Department. The Construction Official shall make the necessary arrangements with licensed subcode officials to make the inspection on the day and time requested. If the Construction Official is unable to arrange for the inspection as requested, he shall notify the applicant requesting the inspection as soon as possible after the request is made.
B. 
Any person or entity applying for an inspection pursuant to Subsection A above shall, in addition to any other fees payable pursuant to § 78-2 of this chapter, pay to the Construction Department a fee equal to $40 for the first hour or portion thereof that the inspector is on site making such inspection on a weekday and $60 for the first hour or portion thereof for a Saturday, Sunday or legal holiday. For each additional hour, or portion thereof, after the first hour, regardless of day of week, the applicant shall pay a fee of $25. The applicant shall deposit with the Construction Department at the time the application is made a sum equal to the first hour for each inspection requested. If an inspection exceeds one hour, the applicant shall be billed for the additional time. Any such bill shall be due and payable immediately upon receipt.
C. 
The provisions of this section shall not apply, nor shall the applicant be charged a fee as provided for herein, where an inspection is performed by a code official regularly employed by the Borough of Kenilworth in a full- or part-time salaried position, except that, where such convenience inspection is requested for a Saturday, Sunday or legal holiday, the applicant shall pay the applicable fee.

§ 78-5 Fee schedule.

[Added 2-8-2012 by Ord. No. 2012-01]
A. 
New construction and additions.
(1) 
Minimum fee: $50.
(2) 
Use Groups B, H, I-1, 2, 4, M, E, R-1, 2, 3, 4, 5, U (per cubic foot): $0.034.
(a) 
Up to $50,000.00: $30 per $1,000.
(b) 
$50,000.01 to $100,000.00: $23 per $1,000.
(c) 
Over $100,000.00: $19 per $1,000.
(3) 
Use Groups A-1, 2, 3, 4, 5, F-1, 2, S-1, 2, per cubic foot: $0.034.
(a) 
Up to $50,000.00: $30 per $1,000.
(b) 
$50,000.01 to $100,000.00: $23 per $1,000.
(c) 
Over $100,000.00: $19 per $1,000.
(4) 
Deck or balcony (all use groups):
(a) 
Up to $50,000.00: $30 per $1,000.
(b) 
$50,000.01 to $100,000.00: $23 per $1,000.
(c) 
Over $100,000.00: $19 per $1,000.
(5) 
Fence (all use groups):
(a) 
Up to $50,000.00: $30 per $1,000.
(b) 
$50,000.01 to $100,000.00: $23 per $1,000.
(c) 
Over $100,000.00: $19 per $1,000.
(6) 
Signs (all use groups): $60.
(7) 
Pylon:
(a) 
Up to 100 square feet: $5.00 per square foot.
(b) 
101 to 400 square feet: $3.75 per square foot.
(c) 
Over 400 square feet: $2.50 per square foot.
(8) 
Wall or ground:
(a) 
Up to 100 square feet: $2.50 per square foot.
(b) 
101 to 400 square feet: $1.90 per square foot.
(c) 
Over 400 square feet: $1.75 per square foot.
(9) 
Pool: in-ground (all use groups):
(a) 
Less than or equal to 550 square feet: $100.
(b) 
Greater than 550 square feet: $189.
(10) 
Pool: aboveground (all use groups):
(a) 
Less than or equal to 550 square feet: $63.
(b) 
Greater than 550 square feet: $126.
(11) 
Temporary structures (all use groups): $116.
(12) 
Open structural towers:
(a) 
Up to $50,000.00: $30 per $1,000.
(b) 
$50,000.01 to $100,000.00: $23 per $1,000.
(c) 
Over $100,000.00: $19 per $1,000.
B. 
Rehabilitation.
(1) 
Minimum fee: $50.
(2) 
Use Groups B, E, H-1, 2, 3, 4, 5, I-1, 2, 3, 4, M, R-1, 2, 4, U, C, A-1, 2, 3, 4, F-1, S-1, 2.
(a) 
Up to $50,000.00: $30 per $1,000.
(b) 
$50,000.01 to $100,000.00: $23 per $1,000.
(c) 
Over $100,000.00: $19 per $1,000.
(3) 
Use Groups R-3 and R-5 (only): $58 (flat rate).
(4) 
Roofing (all other use groups):
(a) 
Up to $50,000.00: $30 per $1,000.
(b) 
$50,000.01 to $100,000.00: $23 per $1,000.
(c) 
Over $100,000.00: $19 per $1,000.
(5) 
Siding:
(a) 
Up to $50,000.00: $30 per $1,000.
(b) 
$50,000.01 to $100,000.00: $23 per $1,000.
(c) 
Over $100,000.00: $19 per $1,000.
(6) 
Retaining wall (all use groups):
(a) 
Class 3-Residential:
[1] 
Less than or equal to 550 square feet: $95.
[2] 
Greater than 550 square feet: $189.
(b) 
Other than Class 3-Residential:
[1] 
Up to $50,000.00: $30 per $1,000.
[2] 
$50,000.01 to $100,000.00: $23 per $1,000.
[3] 
Over $100,000.00: $19 per $1,000.
C. 
Asbestos abatement: $100.
D. 
Lead hazard abatement: $176.
E. 
Radon remediation:
(1) 
Up to $50,000.00: $30 per $1,000.
(2) 
$50,000.01 to $100,000.00: $23 per $1,000.
(3) 
Over $100,000.00: $19 per $1,000.
F. 
Demolition:
(1) 
Less than 5,000 square feet in area and over 30 feet in height: $82.
(2) 
More than 5,000 square feet in area and over 30 feet in height: $151.
G. 
Tank removal:
(1) 
Use Groups R-3 and R-5: $82.
(2) 
All other use groups: $151.
H. 
Solar panels (all use groups):
(1) 
Minimum fee:
(a) 
Up to $50,000.00: $30 per $1,000.
(b) 
$50,000.01 to $100,000.00: $23 per $1,000.
(c) 
Over $100,000.00: $19 per $1,000.
I. 
Plan review: alternate systems and nondepletable energy source provisions of energy subcode:
(1) 
Use groups R-3 and R-5: $345.00
(2) 
All other use groups: $1,725.

§ 78-6 Severability.

Each section, subsection, sentence, clause and phrase of this chapter is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this chapter to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this chapter.

§ 78-7 Conflict in fees.

In the event of any conflict pertaining to fees, the schedule of fees set forth in Ordinance No. 2012-01 shall supersede and remain controlling.[1]
[1]
Editor's Note: See § 78-5, Fee schedule.

§ 78-8 Repealer.

All Borough ordinances and parts of ordinances that are inconsistent with this chapter are hereby repealed.