[1999 Code § 15.04.010]
As used in this section:
- Means the Department of Community Affairs.
- ENFORCING AGENCY
- Means the Edison construction enforcement agency.
- THE ACT
- Means N.J.S.A. 52:27D-119 et seq., State Uniform Construction Code Act.
- THE REGULATIONS
- Means the New Jersey Uniform Construction Code as adopted by the Department of Community Affairs N.J.A.C. 5:23-1 et seq., three (3) copies of which are on file with the Edison Township Clerk.
All other words and phrases shall be defined as set forth in the Act and the regulations.
[1999 Code § 15.04.020]
There is established in Edison Township a State Uniform Construction Code enforcing agency to be known as the Edison Construction Code Enforcement Agency, consisting of a Construction Official, Building Subcode Official, Plumbing 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.
Each official position created in paragraph a. above shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., 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 to hold each such position.
The public shall have the right to do business with the enforcing agency at one (1) office location, except for emergencies and unforeseen or unavoidable circumstances.
[1999 Code § 15.04.030]
It is unlawful to construct, enlarge, alter, move or demolish a structure; or to change the occupancy of a building or structure requiring greater strength, exitway or sanitary provisions; or to change to a different use group; or to install or alter any equipment for which provision is made or the installation of which is regulated by the regulations, without first filing an application with the Construction Official in writing and obtaining the required permit therefor.
The following are exceptions from paragraph a. above:
Ordinary repairs, as provided for in Article 7 of the regulations, which do not involve any violation of the regulations;
Minor work as determined by the appropriate subcode official;
Emergency work, except that a permit shall be applied for as soon thereafter as is practicable, but not later than seventy-two (72) hours thereafter.
[1999 Code § 15.04.040]
The application for a permit shall be submitted on forms provided by the enforcing agency and shall be accompanied by plans and specifications, as required by the regulations, and the required fee, as provided for in this section. The application shall be a public record and shall not be removed from the custody of the enforcing agency after a construction permit has been issued.
If the application conforms with the Act, the Code, this section and the requirements of other applicable laws and ordinances, the enforcing agency shall approve the application and shall issue a construction permit to the applicant. Every application for a construction permit shall be granted, in whole or in part, or denied, within twenty (20) business days. If the application is denied in whole or in part, the enforcing agency shall set forth the reasons therefor in writing. If the enforcing agency fails to grant, in whole or in part, or deny an application for a construction permit within the period of time prescribed herein, such failure shall be deemed a denial of the application for the purposes of an appeal to the County 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 the law.
An application for a permit for any proposed work shall be deemed to have been abandoned six (6) months after the day of filing, unless such application has been diligently prosecuted or a permit shall have been issued, except that for reasonable cause, the Construction Official may grant one (1) or more extensions of time for additional periods not exceeding ninety (90) days each.
A construction permit issued in accordance with the foregoing provisions, pursuant to which no construction has been undertaken above the foundation walls within one (1) year from the time of issuance or if authorized work is suspended or abandoned for a period of six (6) months after the time of commencement of the work, shall expire and be invalid. The enforcing agency may suspend, revoke or cancel a construction permit in case of neglect or failure to comply with the provisions of the Act, the regulations or this section, or upon a finding by it that a false statement or representation has been made in the application for the construction permit.
[1999 Code § 15.04.050]
The issuance of the construction permit shall be conditioned upon the following:
The payment of appropriate fees;
That work will conform to the approved application, plans and specifications for which the permit has been issued, including prior approvals and any approved amendments thereto;
That the permit is a license to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of the regulations;
That the owner, his or her agent, contractor or other employees will assist the enforcing agency in its inspection work if requested;
That an as-built foundation resurvey of the lot is submitted to the Construction Code Official for approval prior to the placing of sills on the foundation. This survey shall have the seal and signature of the registered architect or licensed engineer who prepared the survey affixed thereto. The Construction Official shall waive the requirement for an as-built foundation survey in the case of a single-family homeowner who had prepared his or her own plans for the construction, alteration or repair of a structure used or intended to be used exclusively as his or her private residence and to be constructed by himself or herself, provided that the owner shall submit an affidavit attesting to the fact that the construction has proceeded pursuant to the plans originally submitted and that all minimum lot requirements have been met.
A true copy of the construction permit shall be kept on the site of operations open to inspection during the entire time of prosecution of the work and until the completion of the same.
At least twenty-four (24) hours' notice of start of work under a construction permit shall be given to the Construction Official.
[1999 Code § 15.04.070; Ord. No. O.1867-2014]
No building or structure hereafter constructed shall be used or occupied, in whole or in part, until a certificate of occupancy shall have been issued by the enforcing agency. No building or structure hereafter altered, in whole or in part, shall be used or occupied until such a certificate has been issued, except that any use or occupancy in an already existing building or structure that was not discontinued during its alteration may be continued in the preexisting structure for thirty (30) days after the completion of the alteration without the issuance of a certificate of occupancy.
After a change of use has been made in a building or structure, the reestablishment of a prior use that is not legal in a new building of the same type of construction is prohibited unless the building complies with all applicable provisions of the regulations. A change from one prohibited use for which a permit has been granted to another prohibited use shall be deemed a violation of this section.
A written application for a certificate of occupancy shall be filed with the enforcing agency by the owner or his or her agent. The application shall be on forms provided by the enforcing agency and shall contain all the information required thereby.
When a building or structure is entitled thereto, the Construction Official shall issue a certificate of use and occupancy within ten (10) business days after written application therefor. The certificate shall certify the purpose for which the building or structure may be used in its several parts. The certificate of occupancy shall specify the use group, in accordance with the provisions of the building subcode; the fire grading, as defined in the building subcode; the maximum live load on all floors, as prescribed in the building subcode; the occupancy load in the building and all parts thereof as defined in the building subcode; and any special stipulations and conditions of the construction permit. The Construction Official shall affix his or her signature thereto and shall thereby certify that the building or structure has been approved for occupancy by all applicable subcode officials in accordance with the provisions of Part II of the regulations.
No temporary or final certificate of occupancy shall be granted until all required utilities, including but not limited to water, sewer, electric and gas, are installed and in service.
The enforcing agency may revoke a certificate of occupancy whenever a condition of a certificate has been violated.
Time Limit. The provisions of this section do not preclude periodic certification pursuant to other applicable laws and ordinances.
Certificates of occupancy shall be conditioned upon the following:
That the completed project meets the conditions of the construction permit and the approved drawings, including all amendments and all prior approvals;
That all required fees have been paid in full;
That all necessary inspections have been completed and that the completed project meets the requirements of the regulations;
That all violations have been corrected and that any assessed penalties have been paid;
That all protective devices and equipment required to be installed by the regulations will continue to be operational as required by the regulations.
A certificate of occupancy issued by the Construction Official shall be required prior to the occupancy of any building, structure or dwelling for which site plan or subdivision approval has been given. No final certificate of occupancy shall be issued until all improvements, as shown on the applicant's site plan(s) or subdivision plan(s), and as approved by the Planning Board or Zoning Board, are completed in their entirety. In addition, no final certificate of occupancy shall be issued until the required performance guaranties are posted.
Issuance of Certificates of Occupancy.
A temporary certificate of occupancy may be issued by the Construction Official only when all of the following conditions exist:
The building, structure or dwelling for which occupancy is desired has met all requirements of the Uniform Construction Code, the Township Health regulations and the Township Division of Engineering requirements and all required inspections have been made and approved;
The only remaining items not completed in accordance with the approved drawings are landscaping, sidewalk, final street surfacing and striping;
A certified check shall be deposited with the Township Clerk in an amount to cover the cost of unfinished items. The sum to be deposited shall be determined by the Township Engineer or his or her designee.
A temporary certificate of occupancy shall be issued for not more than six (6) months. A final certificate of occupancy shall be issued when all work has been satisfactorily completed. Application may be made to the Township Engineer or his or her designee for the retaining of all moneys deposited for completion of unfinished items as condition precedent to the issuance of a temporary certificate of occupancy.
Certificate of Continued Occupancy.
No building or structure shall be occupied or used in whole or part unless and until a certificate of continued occupancy has been issued by the enforcing agency, subject to the provisions of paragraph k, 7 of subsection 14-1.6. The enforcing agency shall not issue such certificate unless he determines, after inspection, that there are no violations of any applicable laws, ordinances or orders pending at the time of issuing the certificate. The certificate shall be issued upon written application by the owner or his authorized agent.
A certificate of continued occupancy shall be applied for and obtained prior to the use or occupancy of the whole or any part of any building undergoing a change in ownership or a change of occupancy. Upon receiving an application for a certificate of continued occupancy, the enforcing agency shall make an inspection of the building or part thereof for which the certificate is requested and shall forthwith issue the certificate of continued occupancy if the use and occupancy thereof shall be in conformity with the Code of the Township of Edison or other applicable ordinances of the Township and if the building is safe and does not constitute a nuisance or hazard likely to result in injuries to persons or damages to property; in case the enforcing agency shall decline to issue a certificate of continued occupancy, his reasons for doing so shall be stated to the applicant, and a written statement thereof shall be transmitted to the applicant on request.
A certificate of continued occupancy shall be issued to any person having a proprietary or tenancy interest who shall be held responsible for any violations on the premises. A record of all certificates shall be kept on file by the enforcing agency, and copies shall be furnished to any person having a proprietary or tenancy interest in the building affected.
A fee of one hundred fifty ($150.00) dollars shall be charged and paid to the Township for each original certificate of continued occupancy.
Temporary Certificate of Continued Occupancy. If, in the opinion of the enforcing agency, a time period is required to conform with the requirements as set forth in the inspection of said structure or dwelling, a temporary certificate of continued occupancy may be issued by the Construction Official for a period of no less than thirty (30) days nor more than one hundred twenty (120) days. In addition to the fee for a continuing occupancy certificate, the fee for a temporary certificate shall be fifty ($50.00) dollars.
Any owner-occupant of a building, structure or premises, or any architect, builder, contractor, agent or other person employed in connection therewith, who violates this section or assists in the commission of such violation shall be subject to the penalty set forth in Chapter I, Section 1-5 and the Act.
A certificate of continued occupancy shall not be required for any building or structure for which a certificate of occupancy has been obtained pursuant to paragraphs a through i, subsection 14-1.6, within the six (6) months prior to undergoing a change in ownership or change in occupancy; provided, however, that the continued validity of the certificate of occupancy within the six (6) month period shall be contingent upon the maintenance of the level of code compliance existing at the time of the issuance of the certificate of occupancy and upon compliance with any orders issued by the enforcing agency.
A certificate of continued occupancy shall not be required for any building or structure undergoing a change in ownership or change in occupancy where the new owner or occupant certifies that the building or structure will be vacated and demolished. For purposes of this section, a new owner or occupant must provide evidence to the enforcing agency that such person or persons has or have a proprietary or tenancy interest in the entire building or structure and must submit an affidavit of the owner or occupants having a proprietary or tenancy interest in the entire building or structure that such building or structure has been vacated as of the date of submission and will be demolished within a six (6) month period from the date of submission. The enforcing agency in receipt of such submission shall be entitled to rely upon such submission and shall not be required to issue a certificate of continued occupancy. Notwithstanding the foregoing, the building or structure the subject of this paragraph k, 8 of subsection 14-1.6 shall not be occupied or used in whole or in part for any reason unless or until a certificate of continued occupancy has been issued by the enforcing agency.
[1999 Code § 15.04.080]
The construction, alteration, addition, repair, removal, demolition, use, location and occupancy of all buildings and structures and their service equipment in Edison Township, Middlesex County, shall be performed in compliance with the regulations as filed with the Municipal Clerk.
[1999 Code § 15.04.090]
Appeals from the decisions of the enforcing agency shall be to the Middlesex County Board of Construction Appeals.
[1999 Code § 15.04.100; Ord. No. O.1643-2008§ 1; Ord. No. O.1846-2013; Ord. No. O.1850-2013; Ord. No. O.1902-2015]
Terms. Unless defined herein, all terms shall have the meaning ascribed in the State Uniform Construction Code, or as commonly understood in the construction industry, unless the context indicates a different meaning:
Commercial shall mean all other Use Groups which are not an R-5 Use Group, including but not limited to: A-1, A-2, A-3, A-4, A-5, B, E, F-1, F-2, H-1, H-2, H-3, H-4, H-5, I-1, I-2, I-3, I-4, M, R-1, R-2, R-3, R-4, S-1, S-2 & U.
Residential shall mean Use Group R-5 only.
Collection of Fees. All fees required for plan review and for the issuance of any permit or certificate shall be collected prior to the issuance of the permit or certificate. Fees shall be computed in accordance with the requirements and standards set forth in the State Uniform Construction Code and in accordance with the following fee schedule.
Plan Review Fee. Twenty percent (20%) of the initial, aggregate construction permit fee (described below) shall be deemed to be the plan review fee, which portion shall not be refundable. The subsequent review of revised plans shall incur additional plan review fee(s), as provided for herein.
Construction Permit. The fee for a construction permit shall be the sum of the subcode fees listed herein:
Building Subcode Fees. The fees for the Building Subcode shall be as follows:
New construction based on volume:
Plumbing Subcode Fees. The fees for the Plumbing Subcode shall be as follows:
Electrical Subcode Fees. The fees for the Electrical Subcode shall be as follows:
Fire Subcode Fees. The fee for the Fire Subcode shall be as follows:
Waiver of Fees.
Municipal fee waivers by local ordinance related to Senior Residents, Volunteers, Disabled Residents and Disaster related permits shall be for work limited to repairs, minor work and alterations only. New work fees shall not be fee exempt.
[1999 Code § 15.04.110]
Any person or corporation, including an officer, director or employee of a corporation, who:
Violates any of the provisions of this section, the Act or the regulations;
Constructs a structure or building in violation of a condition of a construction permit;
Fails to comply with any order issued by the enforcing agency or the Department; or
Makes a false or misleading written statement, or omits any required information or statement in any application or request for approval to the enforcing agency or the Department; shall be subject to a penalty of not more than two thousand ($2,000.00) dollars.
Anyone who knowingly refuses entry or access to any premises, building or structure to an inspector lawfully authorized to inspect any such premises, building or structure pursuant to this section, the Act or the regulations, or who unreasonably interferes with such an inspection, shall be subject to a fine of not more than two hundred fifty ($250.00) dollars.
With respect to paragraph a3 above, 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 the enforcing agency or the Department and for each week that he or she fails to comply with any other order validly issued by the enforcing agency or the Department. With respect to subsection paragraph a1 and a4, a person shall be guilty of a separate offense for each violation of any provisions of this section, the Act or the regulations and for each false or misleading written statement or omission of required information or statement made in any application request for approval to the enforcing agency or the Department. With respect to paragraph a2, a person shall be guilty of a separate offense for each violation of conditions of a construction permit.
No such penalty shall be assessed except upon notice of violation and orders to terminate, and upon the expiration of the time period delineated in the notice, except that in the case of a false or misleading statement pursuant to paragraph a4, an order to pay a penalty may be issued immediately upon the discovery of a violation.
The Construction Official may separately serve a notice of penalty assessment and an order to pay a penalty whenever he or she shall not have done so in the original notice and orders.
The penalties pursuant to this section may be collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-10 et seq.). Jurisdiction to enforce such penalties is conferred upon Judges of the Municipal Court in addition to the courts specified by N.J.S.A. 2A:58-10 et seq. Suit may be brought by a municipality or the State of New Jersey. Payment of a money judgment pursuant hereto shall be remitted, in the case of a suit brought by a municipality, to the municipal treasurer and, in the case of a suit brought by the State of New Jersey, to the State Treasurer.
The Construction Official may assess a monetary penalty whenever such shall be likely to assist in bringing about compliance.
If the construction of a structure or building is being undertaken contrary to the provisions of this section, the Act or the regulations, or other applicable laws or ordinances, the enforcing agency may issue a stop-construction order, in writing, which shall state the reasons for such order and the conditions upon which construction may be resumed and which shall be given to the owner or the holder of the construction permit or to the person performing the construction. If the person doing the construction is not known or cannot be located with reasonable effort, the notice may be delivered to the person in charge of, or apparently in charge of, the construction. It is unlawful to continue, or cause or allow to be continued, the construction of a building or structure in violation of a stop-construction order, except with the permission of the enforcing agency to abate a dangerous condition or remove a violation, or except by court order.
[1999 Code § 15.04.120]
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 structure or any of the facilities contained therein.
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.
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 USC Section 416), or the Federal Railroad Retirement Act of 1974 (45 USC Section 231 et seq.), or is rated as having a sixty (60%) percent disability or higher pursuant to any Federal law administered by the United States Veterans Act. For purposes of this paragraph, "blindness" means central visual activity 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 field subtends an angle no greater than twenty (20°) degrees shall be considered as having a central visual acuity of 20/200 or less.
[Ord. No. O.1523-2006§ 15.50.010]
The Municipal Council declares its intent to regulate the modification and/or improvements of any site within the Township of Edison. The Township Engineer is therefore directed to determine whether changes to a site will be covered under this section and to promulgate rules and regulations to provide that site modifications and improvements are in conformance with approved plans and have no adverse impacts upon other properties.
[Ord. No. O.1523-2006§ 15.50.020]
Prior to the commencement of any construction, modification or improvement to any existing structure, proposed structure or to any lands situated within the Township, which includes but is not limited to the installation or modification of any stormwater and sanitary sewer facility, grading change, paving, curbing, area lighting, landscaping and signage, a site improvement permit shall be obtained from the Township Engineer.
[Ord. No. O.1523-2006§ 15.50.030]
The Township Engineer is hereby empowered to waive the requirements outlined under this section if, in the Township Engineer's opinion, the construction modification or improvement being proposed is de minimus.
[Ord. No. O.1523-2006§ 15.50.040]
The Township Engineer is hereby authorized to promulgate rules and regulations necessary to implement the legislative intent of this section.
[Ord. No. O.1523-2006§ 15.50.050]
A certificate of occupancy will not be issued by the Construction Official until a Certificate of Site Occupancy is received by the Construction Official from the Township Engineer.
[Ord. No. O.1523-2006§ 15.50.060]
Application for a site improvement permit must be made at the office of the Township Engineer. Upon review of a completed application, the Township Engineer will, within seven (7) days, either approve or deny said permit. If said permit is approved, work may then, and only then, commence. If said permit is denied, the Township Engineer will supply supporting information and list all deficiencies.
[Ord. No. O.1523-2006§ 15.50.070]
The following fees will cover the costs incurred for plan review, periodic site inspection, final site inspection and the issuance of the final site inspection approval form by the Township Engineer to the Construction Official.
Plot grading plan—swimming pool: $100.00 each.
Plot grading plan—retaining wall $100.00 each.
Plot grading plan—residential addition, or detached garage: $200.00 each.
Plot grading plan—new residential (1-family, or 2-family) dwelling: $500.00.
[Ord. No. O.1523-2006§ 15.50.080]
All site improvements and/or modifications shall be inspected during the time of their occurrence by the Township Engineer or a duly authorized representative. A set of approved plans relative to the work being done must be made available on site for inspection by any authorized Township official. No underground installation shall be covered or backfilled until inspected and approved. If backfilling or covering occurs prior to inspection, said installation must either be uncovered or excavated for inspection or inspected by some alternative means acceptable to the Township Engineer.
[Ord. No. O.1523-2006§ 15.50.090]
Inspection of any work by the Township Engineer or a duly authorized representative shall not be considered to be final acceptance or rejection of the work, but shall only be considered to be a determination of whether or not the specific work involved was being done in accordance with Township specifications or other required standards at the time of inspection. Any damage to such work or other unforeseen circumstances, such as the effect of the weather, other construction, changing conditions, settlement, etc., between the time of installation and the time of final inspection by the Township Engineer or a duly authorized representative shall be the full responsibility of the contractor/developer to remedy the condition prior to acceptance.
[Ord. No. O.1523-2006§ 15.50.100]
When a final inspection has been completed, and site improvements deemed acceptable, the Township Engineer shall approve the subject site and issue a certificate of site occupancy, if required.
[Ord. No. O.1523-2006§ 15.50.110]
Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalty stated in Chapter I, Section 1-5.
Failure to obtain the proper permit, make satisfactory improvements, as determined by the Township Engineer, or pay the proper permit fee shall be considered a violation and shall be punishable under this section.
[1999 Code § 5.64.010]
This section shall be known and may be cited as the "Tenant's and Home Buyer's Protection Code of the Township of Edison."
[1999 Code § 5.64.020]
This section shall be administered, regulated and enforced by the Construction Official and the Zoning Officer of the Township. The Construction Official and the Zoning Officer shall be responsible for the administration and enforcement of the provisions of this section.
[1999 Code § 5.64.030]
As used in this section:
- Means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision of record or survey map or by metes and bounds for purpose of sale, lease or separate use.
- MAJOR SUBDIVISION
- Means all subdivisions not classified as minor subdivisions; provided, however, that for the purposes of this section, all residential development to be constructed pursuant to the provisions of the planned unit development ordinance of the Township shall be considered "major subdivisions."
- OFFICIAL MAP
- Means a map adopted in accordance with the Official Map and Building Permit Act, Chapter 434 of the Laws of 1953, or any prior act authorizing such adoption. Such a map shall be deemed to be conclusive with respect to the locations and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.
- Means any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land subdivided and to be sold under this section of Chapter XXXVI, Subdivision.
- Means the map or other drawing of a subdivision.
- SALES MAP
- Means the map, of sufficient accuracy, to be used by the owner for the purpose of sale of the lots within the subdivision.
- Means any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing State, County or municipal roadway or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the office of the County Recording Officer, and includes the land between the street lines, whether improved or unimproved, and may comprise pavements, shoulders, gutters, sidewalks, parking areas and other areas within the street.
- Means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity proceeding under Chapter XXXVI, Subdivision, to effect a subdivision of land hereunder for himself or herself or for another.
- Means the division of a lot, tract or parcel of land into two (2) or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development, except that the following divisions shall not be considered subdivisions; provided, however, that no new streets or roads are involved: the division of land for any purpose where the resulting parcels are three (3) acres or greater in size; the division of property by testamentary or intestate provisions; divisions of property upon court order; or the division of land fronting on presently existing streets or on filed and approved maps or on the present Township Tax Map. Subdivision also includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided; provided, however, for the purposes of this section, that all residential development to be constructed pursuant to the provisions of the planned unit development regulations shall be considered a "subdivision."
[1999 Code § 5.64.040]
Any owner or seller of land within the Township who has obtained a preliminary approval to subdivide the land into ten (10) or more contiguous plots or tracts to construct homes thereon or has obtained an approval to develop his or her land under the so-called land unit development concept shall, prior to the sale or the lots or homes, maintain a sales office, either within or without the Township.
The sales office shall have prominently displayed therein the following:
[1999 Code § 5.64.050]
The sales map shall be based on the official tax map information or some other similarly accurate base at a scale of not less than one hundred (100) feet to the inch throughout the map, which scale shall be clearly indicated thereon and shall be consistent in all directions shown thereon. The map shall show the owner's approved subdivision and all lands contiguous thereto for a distance of one thousand five hundred (1,500) feet within or without the Township.
The sales map shall clearly show and include, for the area within one thousand five hundred (1,500) feet of the subdivision, the following information:
The location of proposed streets and the layout of proposed lots within the subdivision;
The location of all State, County and municipal roads in existence on the date of the final approval of the subdivision;
The location of all State, County and municipal roads proposed and approved by any governmental agency having jurisdiction to establish such roads. The location of all such roads shall be as shown on the official master plan adopted by the appropriate agency of the State, County or municipality;
The location of all existing structures and wooded areas within the subdivision and for a distance of one thousand five hundred (1,500) feet beyond the boundaries of the subdivision;
A designation of the zoning district to be subdivided and the zoning district of all contiguous property within a distance of one thousand five hundred (1,500) feet;
The location of all railroads and railroad rights-of-way, airports and airport runways, overhead easements for the transmission of power or otherwise and rights-of-way for public utilities and pipelines. For the purpose of this section, "pipeline" means any conduit through which natural gas, petroleum or any of their products is conveyed or intended to be conveyed. The definition of "pipeline" shall include the compressor plants and other facilities integrated with pipeline operations;
The location of all public or private utility plants and the location of all sanitary landfill operations in existence or proposed;
The location of all schools, parks, playgrounds and public buildings;
The location of all streams, ponds and watercourses;
The location and description of any use approved by the Board of Adjustment or other governmental agency having jurisdiction during the previous three (3) years. The secretary of the Board of Adjustment shall maintain a list of all variances granted during the previous three (3) years and shall make the list available to the Construction Official and the Zoning Officer;
The location of all drainage ditches within the area shown on the sales map;
The location of all flood hazard zones;
The location of any Federal or State-designated super fund sites.
The information required by paragraphs b4, b9, and b11 above may be shown schematically or nondimensionally.
Any owner or seller of land referred to in subsection 14-4.4a may, as an alternative to the requirements imposed by paragraph a., prepare an aerial photograph covering the same geographical areas as set forth in paragraph a., properly labeled so as to fairly and accurately designate the information required by paragraph b.
[1999 Code § 5.64.060]
The information to be depicted on the sales map shall be obtained from the Construction Official and the Zoning Officer, who shall provide the information to the applicant within thirty (30) days after a request is made. The Construction Official and the Zoning Officer shall provide such information as may be required by the applicant to prepare the sales map, and, after a request for the same, the information so provided shall be deemed complete for the purposes of complying with the requirements of this section.
The Construction Official and the Zoning Officer shall review each sales map displayed pursuant to the terms of this section not less than once every six (6) months and shall provide such additional information as they may deem necessary to maintain the sales map in an up-to-date condition. The Construction Official and the Zoning Officer may, from time to time as they deem necessary, direct the owner or seller to display additional information on the sales map so that the same may be maintained in an up-to-date condition. The information provided by the Construction Official and the Zoning Officer to the owner or seller shall be included on the sales map within thirty (30) days of the receipt of such order from the Construction Official and the Zoning Officer. The information provided by the Construction Official and the Zoning Officer shall be deemed complete for the purposes of compliance with the terms of this section.
[1999 Code § 5.64.070]
The applicant referred to in subsection 14-4.6a shall make his or her application to the Construction Official and the Zoning Officer for that purpose and shall pay over as an application fee the sum of five hundred ($500.00) dollars to compensate the Township for expenses incident to marshalling the information requested, and as part of the application the applicant shall acknowledge that he or she thereby waives any claim or cause of action, either in law or in equity, against the Township or any of its agents or employees for any error, omission or oversight in the information supplied and shall further agree through his or her application to place as a legend on the sales map referred to in subsection 14-4.6a that he or she is solely responsible for that information contained or depicted thereon and that the Township bears no responsibility for any error, omission or inaccuracy contained in or designated on the sales map and for any defects which may occur in connection with any construction related to the development.
[1999 Code § 5.64.080]
At or before the execution of the contract of sale for any lot within a subdivision, the seller shall obtain, on a form approved by the Construction Official and the Zoning Officer, a certification from the purchaser that:
The sales map was on display and available for inspection on any occasion of his or her visit to the sales office;
He or she had a reasonable opportunity to study and review the sales map;
The owner or seller did not refuse or decline to answer any questions directed to him or her pertaining to the sales map;
The purchaser waives any potential claim or cause of action in law and equity which he or she may have against the Township as a result of any error, omission or inaccuracy in the information supplied by it and for any defects which may occur in connection with any construction related to the development.
The seller shall file the certification mentioned in paragraph a. with the Construction Official and the Zoning Officer within twenty (20) days of the closing of title.
[1999 Code § 5.64.090]
Any person offering for rental any residential property, excepting dwellings with less than four (4) rental units, shall have available for inspection by prospective tenants a map as described in subsection 14-4.5b.
[1999 Code § 5.64.100]
Any person offering for sale any newly constructed residence not otherwise covered by this section shall, at the time he or she obtains a certificate of occupancy, certify that he or she has informed the purchaser of the property of the location of any pipeline within one thousand five hundred (1,500) feet of the residence to be sold.
[1999 Code § 5.64.110]
No owner or his or her agent shall offer for sale a property located in a single-family residential zone of the Township, and;
Represent that the property may be used in a manner not consistent with the Township's zoning or other ordinances;
Represent that the property can be used as a multiple-family residence when the property is located within a zone where such use is prohibited;
Represent that the property is a prior, nonconforming use unless a certificate to that effect has been issued by the Zoning Officer of the Township pursuant to N.J.S.A. 40:55D-68 within one (1) year of the change in the zoning ordinance which rendered the property nonconforming and/or an approval has been obtained from the Zoning Board of Adjustment.
Any owner or his or her agent who offers for sale a multiple-family residential property located in a single-family zone shall notify any prospective purchaser, in writing, that the property is being used contrary to the zoning law of the Township unless:
A certificate has been obtained from a Zoning Officer stating that the property is a legal "prior non-conforming use" in accordance with N.J.S.A. 40:55D-68 issued within one (1) year of the change in the Township zoning ordinance which rendered the property nonconforming; or
The subject property has received approval, granted by the Zoning Board of Adjustment.
[1999 Code § 5.64.120]
If any person engages in the sale of lots within a subdivision or rental of any property, as described herein, without first displaying the sales map as required herein, the owner of the subdivision shall be subject to a fine of two thousand ($2,000.00) dollars per day for each day that the sales map is not displayed as required herein, and each day shall be deemed a separate violation of this section.
The owner of a subdivision who shall fail to file the certification of compliance as required herein shall be subject to a fine of one hundred ($100.00) dollars for the first violation thereof within the subdivision; a fine of two hundred fifty ($250.00) dollars for the second violation within the subdivision; and a fine of two thousand ($2,000.00) dollars for each violation within the subdivision thereafter.
In addition to the foregoing, if any person continuously for a period of five (5) days or more fails and refuses to comply with the requirements of this section, the Township may institute and maintain action for injunctive relief to prohibit the continued sale of lots or rental of units until compliance with this section is completed.
[1999 Code § 15.16.010]
The purpose of this section is to require the clear display of authorized and assigned house or building numbers on every building fronting on any street in the Township and to require disclosure of building layout in (industrial also) apartment complexes, in order to assist the general public and emergency services, public and private, in identifying any property in case of emergency or otherwise.
[1999 Code § 15.16.020]
All residential, commercial, industrial or other structures erected or to be erected within the Township shall display identification numbers as provided herein and in accordance with specifications provided herein.
[1999 Code § 15.16.030]
The owner, occupant or lessee of each and every structure which now fronts or which may hereafter front upon any public or private street within the Township shall, at his or her own expense, within one (1) month after the adoption and publication of this section, cause the authorized and assigned number of such structure to be permanently and conspicuously placed in accordance with the specifications set forth herein.
[1999 Code § 15.16.040]
House or building numbers shall be:
In Arabic numerals;
A minimum height of three (3) inches, provided that if the structure is greater than fifty (50) feet from the street, the numerals shall be at least five (5) inches in height;
Mounted in a secure fashion to the front wall or porch of the building so as to be clearly visible from the street;
d, Sufficiently legible as to contrasting background, arrangement, spacing and uniformity so as to be clearly visible from the street;
At least thirty (30) inches above ground level and so placed that trees, shrubs and other obstructions do not block the line of sight of the numbers from the street upon which the building fronts.
[1999 Code § 15.16.050]
If numbers affixed to the front of the building would not be visible from the street as required in subsection 14-5.4, requirements of this section are satisfied if the owner, occupant or lessee shall provide the Arabic numbers, as required by subsection 14-5.4, upon a post, rod or other type of fixture of substantial nature or a mailbox at or near the road frontage with the same number affixed thereon and so located upon the same, so that the number may be conspicuous and visible from the street upon which the building fronts. When the provisions of this subsection have been complied with, the owner, occupant or lessee of the house or building shall not be otherwise obligated to affix Arabic numbers to the house or building and shall be permitted, at his or her option, to utilize cursive numbers or no numbers at all upon the house or building.
[1999 Code § 15.16.060]
House numbers shall be determined by the Tax Assessor of the Township. Every owner, occupant or lessee of a building constructed in the Township shall apply to the Tax Assessor if no number has been previously assigned for an authorized number in accordance with this section.
[1999 Code § 15.16.070]
Garden apartments and townhouse complexes shall provide such building and apartment numbers as are provided for in the BOCA Code. Failure to so comply will be a violation of this section.
[1999 Code § 15.16.080]
In any complex of residential or commercial structures composed of three (3) or more buildings, a plan of the layout of the buildings shall be prominently posted near the entrance of the complex. The posted plan shall be clearly labeled, numbered and colored and of sufficient size to facilitate rapid identification of the location of all structures within the complex.
[Ord. No. O.1740-2010; Ord. No. O.1753-2010]
The purpose of this section is to protect the public health, safety and welfare of the residents within the Township of Edison to preserve the quality and quantity of the Township's groundwater supply. Additionally, requiring new petroleum liquid storage tanks to be installed above ground will also facilitate the ability to inspect the tanks to determine if the tank needs replacement before the tank fails and creates an adverse environmental impact. This is accomplished by requiring that new petroleum liquid storage tanks be installed above ground and by promoting the replacement of underground petroleum liquid storage tanks on residential properties and the installation and maintenance of above ground petroleum liquid storage tanks and other fuel sources which do not require tanks such as natural gas.
[Ord. No. O.1740-2010; Ord. No. O.1753-2010]
As used in this section, the following terms shall have the meanings indicated:
- ABOVE GROUND
- Shall mean, when referring to an interior storage tank, that greater than one hundred (100%) percent of the volumetric capacity of the storage tank is above the surface of the ground or located in a basement or crawl space.
- PETROLEUM LIQUID
- Shall mean oil or petroleum of any kind normally in liquid form, including but not limited to waste oils and distillation products such as fuel oil, propane, kerosene, naphtha, gasoline and benzene.
- STORAGE TANK
- Shall mean any facility used for storing any petroleum liquid.
- Shall mean, when referring to a storage tank, that any portion of the volumetric capacity of the storage tank is below the surface of the ground and that portion which is below the surface of the ground is not fully visible for inspection.
[Ord. No. O.1740-2010; Ord. No. O.1753-2010]
Commencing on the effective date of this section and applied prospectively, on any property that is in whole or in part used for residential purposes, the installation of underground petroleum liquid storage tanks intended for residential fuel oils or other petroleum liquids is prohibited. Any new or replacement petroleum liquid storage tanks shall be located above ground which may be located inside or outside of a structure and may be located in a basement or cellar with sufficient access to allow for routine inspection of the storage tank.
Editor's Note: This subsection was originally adopted by Ord. No. O.1740-2010 adopted May 12, 2010, and amended by Ord. No. O.1753-2010 adopted on September 22, 2010.
[Ord. No. O.1740-2010; Ord. No. O.1753-2010]
Beginning on the effective date of this section, June 8, 2010, and continuing for a period of two (2) years, the Township of Edison will waive any and all applicable municipal permit fees for the replacement of any existing underground petroleum liquid storage tank with an above ground petroleum liquid storage tanks or the installation of other fuel storage sources which do not require tanks such as natural gas, on any property that is in whole or in part used for residential purposes.
The aforementioned waiver of permit fees by the Township of Edison does not apply to any fees that are required by the State of New Jersey and/or the Department of Community Affairs.
[Ord. No. O.1740-2010; Ord. No. O.1753-2010]
In no event shall the Township of Edison's regulation of petroleum liquid storage tanks pursuant to this section constitute a recommendation, approval, endorsement or warranty of a petroleum liquid storage tank or other fuel sources which do not require tanks such as natural gas. The Township shall not thereby be deemed to have acquired any special expertise with respect to any of the foregoing nor to have acquired or incurred any special duty, liability or standard of care concerning any of the foregoing. Accordingly, the Township shall not be responsible for or liable to any person or entity for any injury to person, property or the environment caused directly or indirectly by the leaking of any underground or above ground petroleum liquid storage tanks or other fuel sources which do not require tanks such as natural gas or by anything else claimed to have been caused or facilitated by the acts or omissions of the Township in regulating petroleum liquid storage tanks or undertaking to do so.
[Added 10-28-2020 by Ord. No. O.2084-2020]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- ELECTRIC VEHICLE
- A vehicle, that includes 1) a battery electric vehicle; and 2) a plug-in hybrid electric vehicle.
- ELECTRIC VEHICLE CHARGING STATION
- A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.
Electric vehicle charging equipment (EVCE) and electric vehicle charging stations (EVCS) shall be considered permitted accessory uses in all zoning districts. Electric vehicle charging equipment and electric vehicle charging stations shall be permitted accessory uses in all zoning districts of the Township of Edison, subject to the limitation that an electric vehicle charging station located on the property of a one- to four-family home shall not be made available for use of the general public.
EVCE shall be permitted in a front yard area, subject to meeting all other setback requirements.
Each EVCS space shall count as two required parking spaces for purposes of zoning compliance.
Each EVCS shall provide unobstructed access to the EVCE and shall contain signage indicating that vehicles parked in the EVCS space shall be connected to the EVCE.
One of the first two EVCS shall be an accessible space designed to meet the requirements for accessible parking spaces, but shall not be restricted to handicapped drivers.
The following requirements to provide electric vehicle charging stations shall apply to all new site plans and all site plans coming before either the Planning Board or the Board of Adjustment for substantial modifications to a previously approved preliminary or final site plan approval. A revised site plan shall be considered a substantial modification if there is any significant alteration in the layout of the buildings, public or private roadways, parking aisles or parking lots from that which was previously approved by the applicable board.
All developments of three or more single-family units and condominium units that are assigned a specific garage for the parking of their motor vehicle shall provide a 240-volt electric outlet in the garage in order to accommodate Level 2 electric vehicle charging equipment.
The use groups specified below shall provide either Level 2 EVCE with a minimum output rate of 7.2 kilowatts per hour or DC fast charging stations in the common parking areas in an amount equal to 3% of the required number of parking spaces, subject to a minimum of two EVCS per location. In addition, appropriately sized electrical conduit shall be installed to additional spaces in order to allow for future expansion of the number of EVCS to 7% of the required number of parking spaces. These additional EVCS shall be installed within six months of notification by the Township that the number of plug-in electric vehicles sold in the state annually exceeds 100,000 vehicles based upon figures provided by the New Jersey Department of Environmental Protection Bureau of Mobile Sources.
All apartment complexes, townhouse complexes, condominium complexes and cooperative complexes in excess of 20 residential units that do not provide individual garages for parking of vehicles.
All office developments and warehouse developments in excess of 20,000 square feet of office, warehouse or other usable space.
All hotels and motels in excess of 50 guest rooms.
All large retail establishments referred to as "big box stores," grocery stores, and other retail establishments in excess of 10,000 square feet, as well as all gymnasiums and health clubs in excess of 10,000 square feet.
All restaurants not classified as a "drive-in restaurant" in excess of 2,000 square feet.
All movie theatres, roller skating rinks, commercial recreation establishments, mechanical amusement game rooms and other places of assembly.
The use groups specified below shall provide two EVCS in the common parking area, consisting of either DC fast charging stations or Level 2 EVCS with a minimum output rate of 15 kilowatts per hour.
Each electric vehicle charging station space shall be not less than nine feet wide or 18 feet in length. Where feasible, a vehicle charging station should comply with ADA standards.
Public electric vehicle charging stations are reserved for parking and charging electric vehicles only. It shall be unlawful for any person to park or leave standing a vehicle in a space designated for the charging of plug-in electric vehicles unless the vehicle is connected for charging purposes and actively charging. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
Charging station outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a retraction device and/or a place to hang permanent cords and connectors a sufficient and safe distance above the ground or pavement surface. Equipment mounted on pedestals, lighting posts, or other devices shall be designated and located so as not to impede pedestrian travel or create trip hazards.