[Ord. #316, S 1; Ord. #78-340, S 1]
a. 
There is hereby established in the Township of Montgomery, a State Uniform Construction Code Enforcement Agency to be known as the Montgomery Township Code Enforcement Office, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official, Building Inspector, Plumbing Inspector, Electrical Inspector, Fire Protection Inspector, and other Subcode Officials and Inspectors for additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the Uniform Construction Code. The Construction Official shall be the Chief Administrator of the Enforcing Agency.
b. 
Each official position created in paragraph a shall be filled by a person qualified for such position pursuant to P.L. 1975, C.217 as amended and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; 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]
[1]
Editor's Note: Chapter 8, Building and Housing was retitled Building, Housing and Farming by Ordinance No. 90-654.
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. Such office location shall be at the Montgomery Township Municipal Building, Route 206, Belle Mead.
[1]
Editor's Note: Former subsection 8-1.2, Montgomery Township Construction Board of Appeals, previously codified herein and containing portions of Ordinance Nos. 316, 86-519, 87-567 and 93-771, was repealed in its entirety by Ordinance No. 07-1246. See subsection 13-1.5 for Somerset County Construction Board of Appeals.
[Ord. #316, § S 1; Ord. #78-340, S 3; Ord. #93-771, S 3; Ord. #99-969, S 1; Ord. #99-987, S 1; Ord. #07-1249, S 1; Ord. #07-1257, S 1; Ord. #07-1266; S 1; Ord. #09-1311, S 1; Ord. #14-1464; Ord. # 14-1467]
a. 
Construction Permit. The fee to be charged for a Construction Permit will be the sum of the Subcode Fees plus all applicable special fees, such as elevator or sign fees. The fee shall be paid before a permit is issued. All fees shall be rounded off to the nearest dollar.
1. 
The Building Subcode Fee shall be:
(a) 
New construction fees shall be based upon the volume of the buildings and structures of all use groups and types as follows: $0.042 per cubic foot for use groups A, F and S as defined in the International Building Code; $0.017 per cubic foot for structures on farms including commercial farm buildings under N.J.A.C. 5:23-3.2(d); $0.045 per cubic foot for all other use groups and types. A minimum fee of $75 shall be charged for each item with respect to Building Subcode Fees in accordance with this subsection. The maximum fee for structures on farms shall be $1,100.
(b) 
For renovations, alterations and repairs the permit fee shall be based upon the estimated cost of the work and shall be in the amount of $35 per $1,000 of estimated costs up to and including $50,000; from $50,001 to and including $100,000 the additional fee shall be in an amount of $30 per $1,000 of estimated costs; above $100,000 the additional fee shall be $25 per $1,000 of estimated costs. For the purpose of determining estimated costs, the applicant shall submit to the enforcement agency, if applicable, costs data produced by the architect or engineer of record by a recognized estimating firm or by the contractor. A bona fide contractor's bid, if available, shall be submitted. The enforcing agency shall make the final decision regarding the estimated costs.
(c) 
For additions, fees shall be based upon the volume of the buildings and structures of all use groups and types as follows: $0.042 per cubic foot for use groups A, F and S as defined in the International Building Code; $0.017 per cubic foot for structures on farms including commercial farm buildings; $0.045 per cubic foot for all other use groups and types; provided that the minimum fee shall be $75.
(d) 
For combinations of renovations and additions, the sum of the fees computed separately as renovations and additions.
(e) 
For a change of building contractor after the initial permit has been issued, the fee shall be $15.
(f) 
Fees for a construction permit for swimming pools shall be as follows:[1]
(1) 
For private pools, as defined in the International Building Code, the fees shall be as follows:
(i) 
Above-ground pool: $100.
(ii) 
In-ground pool: $225.
(2) 
For public pools, as defined in the International Building Code, the fee shall be $525.
[1]
Editor's Note: Former Subsection a1(f), Fees for a construction permit for the removal or closure (or demolition) of a storage tank system, was repealed 4-19-2018 by Ord. No. 18-1573, which ordinance also provided for the renumbering of the remaining subsections. See now Subsection a4(r) of this section.
(g) 
Fees for a photovoltaic system shall be:
(1) 
For a residential system, the fee shall be $125.
(2) 
For a commercial system, the fee shall be $250.
2. 
The Plumbing Subcode Fee shall be as follows:
(a) 
$17 per fixture except as listed in paragraphs 2(b), 2(c), and 2(d) below.
(b) 
$70 per special device for grease traps, oil separators, water-cooled air conditioning units, refrigeration units, utility service connections, backflow preventers, steam boilers, hot water boilers (excluding those for domestic water heating), gas piping, active solar systems, sewer pumps, interceptors and fuel oil piping. There shall be no fee charged for gas service entrances.
(c) 
$15 per special device for water service, sewer tie-in and heating unit.
(d) 
For the purpose of computing these fees, fixtures shall include but not be limited to lavatories, kitchen sinks, slop sinks, urinals, water closets, bath tubs, shower stalls, laundry tubs, flood drains, drinking fountains, dishwashers, clothes washers, hot water heaters, water distribution systems, sewage ejectors, catch-basins, humidifiers, special wastes, rain water, leaders or other similar devices.
(e) 
The minimum fee per permit shall be $75.
(f) 
The minimum fee per addition shall be $75.
(g) 
For a change of plumbing contractor after initial permit has been issued, the fee shall be $15.
(h) 
Notwithstanding anything hereinabove to the contrary, there shall be no fee for the installation of a water meter as provided for in subsection 12-10.4 of this Code regarding sewer service charges for premises served by private wells.
3. 
The Electrical Subcode Fee shall be as follows:
(a) 
For 10 or fewer receptacles, fixtures and switches, the fee shall be $75.
(b) 
For each additional 25 receptacles or fixtures, or fraction thereof, the fee shall be $25. For the purpose of computing this fee, receptacles or fixtures shall include lighting outlets, wall switches, fluorescent fixtures, convenience receptacles or similar fixtures, and motors or devices of one horsepower or one kilowatt or less.
(c) 
For each motor or electrical device greater than one horsepower and less than or equal to 10 horsepower, and for transformers and generators greater than one kilowatt and less than or equal to 10 kilowatts, the fee shall be $25.
(d) 
For each motor or electrical device greater than 10 horsepower and less than or equal to 50 horsepower, for each service panel, service entrance or sub-panel less than or equal to 200 amperes; and for oil transformers and generators greater than 10 kilowatts and less than or equal to 45 kilowatts, the fee shall be $80.
(e) 
For each motor or electrical device greater than 50 horsepower and less than or equal to 100 horsepower; for each service panel, service entrance or sub-panel greater than 200 amperes and less than or equal to 1,000 amperes; and for each transformer or generator greater than 45 kilowatts and less than or equal to 100 kilowatts, the fee shall be $150.
(f) 
For each motor or electrical device greater than 100 horsepower and less than or equal to 500 horsepower; for each service panel, service entrance or sub-panel greater than 1,000 amperes and less than or equal to 3,000 amperes; and for each transformer or generator greater than 100 kilowatts and less than or equal to 500 kilowatts, the fee shall be $600.
(g) 
For each motor or electrical device greater than 500 horsepower; for each service panel, service entrance or sub-panel greater than 3,000 amperes; and for each transformer or generator greater than 500 kilowatts, the fee shall be $800.
(h) 
For the purpose of computing these fees, all motors except those in plug-in appliances shall be counted, including control equipment, generators, transformers, and oil heating, cooking or other devices consuming or generating electrical current.
(i) 
The fee for an above-ground pool shall be $75.
(j) 
The fee for an in-ground pool shall be $150.
(k) 
The inspection fee for swimming pools related to the issuance of an electrical certificate of compliance in accordance with P.L. 1998 c.137 (C. 52:27D-133.1 et seq.) is $100.
(l) 
The fee for construction service shall be $100.
(m) 
For photovoltaic systems, the fee shall be:
Number of Kilowatts:
1-10
$140
11-50
$260
51-100
$350
101-200
$400
For each additional 100
$75
(n) 
The fee for electrical services greater than 600 volts shall be:
Number of Amperes:
1-200
$500
201-800
$650
>800
$800
(o) 
The fee for each light pole or standard shall be $15.
(p) 
The minimum Electrical Subcode Fee shall be $75.
(q) 
For a change of electrical contractor after the initial permit has been issued, the fee shall be $15.
4. 
The Fire Protection Subcode fee shall be as follows:
(a) 
For the purpose of computing these fees, fire protection and other hazardous equipment shall include: sprinklers, standpipes, manual pull stations, detectors (smoke and heat) pre-engineered suppression systems, gas and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums.
(b) 
The fee for heads, detectors and pull stations shall be computed as per the number of heads, detectors or pull stations, as follows:
Alarms
Sprinklers
20 or fewer
$75
$75
21 to 100
$135
$175
101 — 200
$250
$325
201 — 400
$500
$700
401 — 1,000
$850
$1,050
1,001 and over
$1,500
$1,500
In computing the fees for heads, detectors and pull stations, the number of each shall be counted separately and three fees, one for heads, one for detectors and one for pull stations, shall be charged.
(c) 
The fee for each standpipe shall be $250.
(d) 
The fee for each independent pre-engineered system shall be $200.
(e) 
The fee for each gas or oil-fired appliance that is not connected to the plumbing system shall be $75.
(f) 
The fee for each commercial kitchen exhaust system shall be $200.
(g) 
The fee for each residential kitchen exhaust system greater than 400 cfm shall be $100.
(h) 
The fee for each incinerator shall be $400.
(i) 
The fee for each crematorium shall be $400.
(j) 
The fee for each fire pump installation shall be $250.
(k) 
The fee for each privately-owned fire hydrant shall be $100.
(l) 
The fee for a smoke control system shall be $200.
(m) 
The fee for an underground fire main shall be $200.
(n) 
The fee for an underground fire storage tank shall be $250.
(o) 
The fee for a commercial fuel storage tank shall be $150.
(p) 
The minimum Fire Protection Subcode Fee shall be $75.
(q) 
The fee for a change of fire protection contractor after an initial permit has been issued shall be $15.
(r) 
Fees for a permit for the removal or closure (or demolition) of a storage tank system, whether underground or aboveground, shall be as follows:
[Added 4-19-2018 by Ord. No. 18-1573]
(1) 
For each storage tank system up to and including 1,000 gallons' capacity, the fee shall be $100.
(2) 
For each storage tank system over 1,000 gallons' capacity, the fee shall be $150.
5. 
The fee for a plan review shall be 10% of the fee for a construction permit for the project. The plan review fee shall be paid prior to the release of the plan review. This amount shall be credited towards the fee due for a construction permit when issued. Plan review fees are not refundable.
6. 
The fee for a permit for demolition of a building or structure shall be as follows:
(a) 
The fee for a demolition or removal permit for a structure in use group U shall be $100.
(b) 
The fee for a demolition or removal permit for a residential or farm building or structure shall be $125.
(c) 
The fee for a demolition or removal permit for a building or structure in any other use group shall be $150.
7. 
The fee for a permit to construct a sign shall be $100.
8. 
Fees for periodic, routine and acceptance tests and inspections on all new and existing elevators or elevator devices shall be required in accordance with N.J.A.C. 5:23-12.6, as may be amended from time to time.
9. 
The fees required for an asbestos hazard abatement project, including an administrative fee for each construction permit, an administrative fee for each certificate of occupancy, the authorization and reauthorization fees for the Asbestos Safety Control Monitor and the application fee for certification as an Asbestos Safety Technician, shall be as set forth in N.J.A.C. 5:23-8.9, as may be amended from time to time.
10. 
The fee for a permit to have a trailer put on site shall be $100 for each trailer.
11. 
The fee for a permit for roofing and siding shall be $35 per $1,000 of the estimated cost of the work to be performed, except for the R-5 Use Group and as set forth immediately herein. One- and two-family dwellings do not require a permit for the repair or replacement (including total replacement) of any amount of existing roofing. One- and two-family dwellings do not require a permit for the repair or replacement (including total replacement) of any amount of existing siding, except that the repair or replacement of polypropylene siding shall require a permit in accordance herewith.
[Amended 4-19-2018 by Ord. No. 18-1573]
12. 
The fee for a permit for a raised patio shall be $150.
13. 
The fee for a permit for a swimming pool barrier or fence over six feet shall be $100.
b. 
Certificates of Occupancy.
1. 
The fee for a Certificate of Occupancy shall be in the amount of 10% of the new construction permit fee that would be charged by the Township pursuant to the regulations.
2. 
The fee for a Certificate of Continued Occupancy shall be $125.
3. 
The fee for a Certificate of Occupancy granted pursuant to a change of use shall be $150.
4. 
Fees for the aforementioned occupancy certificates shall be in addition to the other fees set forth in this section.
c. 
Variations and Reinstatements.
1. 
The fee for an application for a variation shall be $500 for Class I structures and $100 for Class II and Class III structures. The fee for re-submission of an application for a variation shall be $200 for Class I structures and $50 for Class II and Class III structures.
2. 
The fee for reinstatement of any permit or certificate that has lapsed and as to which no changes are made or required by mandated code changes shall be an amount equal to 25% of the fee for the original issuance thereof. If any change in the permit or certificate is sought or required, the fee shall be computed as for the original issuance.
d. 
Annual Report. The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Township Committee biannually, a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the municipality fairly attributable to the enforcement of a State Uniform Construction Code Act.
e. 
State Permit Surcharge Fee. As required by the Department of Community Affairs, the enforcing agency shall collect in addition to the fees specified above, a surcharge fee shall be required in accordance with N.J.A.C. 5:23-4.19. Said surcharge fees shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the financial quarter ending March 31, June 30, September 30, and December 31, and not later than one month next succeeding the end of the quarter for which it is due. The enforcing agency 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 fees collected in the fiscal year.
f. 
Enforcing Agency Fee Waivers. Fees shall not be in charge by the enforcing agency for or to the following:
1. 
Construction contracted for or conducted by the Township within its boundaries;
2. 
Any corporation which is (a) organized pursuant to the "New Jersey Non-Profit Corporation Act," and (b) actively engaged in constructing or rehabilitating housing units for occupancy by low or moderate income households;
3. 
Construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing public or private structure or any of the facilities contained therein;
4. 
A disabled person, or a parent or sibling of a disabled person for the construction, reconstruction, alteration or improvement which promotes accessibility to his or her own living unit; and
5. 
Any county, municipality, school board and/or agency or instrumentality thereof for the erection or alteration of any public building.
6. 
Construction contracted for by a Montgomery Township nonprofit volunteer fire company on a fire station located in Montgomery Township, or a Montgomery Township nonprofit volunteer emergency medical squad on its emergency medical station located at Montgomery Township.
[Ord. #316, S 4; Ord. #07-1246, S 2]
Subject to the approval of the Township Committee, the enforcing agency may adopt rules for their internal regulation, not inconsistent with any specific provision of law or the Regulations.
[Ord. #78-340, S 5; Ord. #04-1133, S 1]
Procedures for enforcement of the State Uniform Construction Code Act and its regulations are as set forth in such act and regulations, as amended from time to time. Further, penalties for violations of the State Uniform Construction Code Act, its regulations and this section shall also be as set forth in such act and regulations, as such penalties may be amended from time to time.
[Ord. #92-755, S 3; Ord. #99-991, S 3; Ord. #11-1389, S2; amended 9-20-2018 by Ord. No. 18-1591]
a. 
A structure used or intended for use for residential purposes by not more than two households shall have a smoke-sensitive alarm device on each level of the structure and outside sleeping areas in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with the National Fire Protection Association standard for the installation, maintenance, and use of household fire warning equipment. The installation of battery-operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this subsection. The smoke-sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Prevention.
b. 
In the case of change of occupancy of any structure used or intended for use for residential purposes by not more than two households, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that building without first obtaining from the Bureau of Fire Prevention a certificate evidencing compliance with the requirements of this section.
c. 
Before any one- and two-family or attached single-family structure is sold, leased or otherwise made subject to a change of occupancy for residential purposes, the owner shall obtain a certificate of smoke alarm, carbon monoxide alarm and portable fire extinguisher compliance (CSACMAPFEC). The application fees for CSACMAPFEC, as required by N.J.A.C. 5:70-2.3, shall be based upon the amount of time remaining before the change of occupancy is expected as follows:
[Amended 10-19-2023 by Ord. No. 23-1706; 12-7-2023 by Ord. No. 23-1709]
1. 
Requests for CSACMAPFEC received more than 10 business days prior to change of occupancy shall be $65.
2. 
Requests for CSACMAPFEC received four to 10 business days prior to the change of occupancy shall be $125.
3. 
Requests for CSACMAPFEC received fewer than four business days prior to the change of occupancy shall be $185.
4. 
Any additional reinspections shall be an additional $65 fee.
5. 
A no-show inspection shall be subject to a $65 fee.
(a) 
A no-show inspection means:
(1) 
The owner/agent fails to meet inspector within 10 minutes of the appointed time for inspection or reinspection; or
(2) 
The owner/agent does not have a key or is unable to give the Fire Official access to the premises for the scheduled inspection; or
(3) 
Electrical power to the premises is disconnected and smoke [detectors] alarms to be tested are powered by electrical current from the building wiring system.
d. 
An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of this section when the premises do not comply with the requirements hereof, or without complying with the inspection and certification requirements hereof, shall be subject to a fine of not more than $600, which shall be collected and enforced by the Bureau of Fire Prevention. No certificate of smoke alarm, carbon monoxide alarm and portable fire extinguisher compliance shall be issued until all fees due and penalties assessed under this subsection are paid.
[Amended 10-19-2023 by Ord. No. 23-1706; 12-7-2023 by Ord. No. 23-1709]
[Ord. #59, S 1]
The Township Committee is hereby authorized and empowered to determine when a building, wall or structure within the Township is or may become dangerous to life, health or when it might tend to extend a conflagration.
[Ord. #59, S 2; New]
Whenever a complaint by a person shall be made in writing to the Construction Official or the Township Committee with regard to any dangerous or unsafe building, wall or structure or whenever the Construction Official or member of the Township Committee shall learn of such condition, the Construction Official shall inspect the premises and make a report thereof to the Township Committee. Thereafter, the Township Committee shall, by resolution, with supporting reasons, direct the Construction Official and the Township Attorney to undertake the removal of the dangerous building, wall or structure in accordance with this section.
[Ord. #59, S 3; New]
The owner or agent of any building, wall or structure which is determined to be a danger as referred to in subsection 8-2.1, upon written notice thereof received from the Construction Official, shall immediately cause the same to be taken down and removed or destroyed. Such notice shall be mailed to the owner of the premises or agent by certified mail, return receipt requested and if refused, by ordinary mail or delivered personally to such owner or agent. Municipal officials may rely upon the records of the Tax Assessor concerning ownership of any premises in the Township.
[Ord. #59, S 3; New]
If the owner or agent fails to take down and remove or destroy such dangerous building, wall or structure within 10 days of the date of such notice, the Township Committee shall proceed to take down and remove or destroy the same by use of municipal forces or by private contractor.
[Ord. #59, S 5; New]
When any such removal or destruction shall be undertaken at municipal expense, the Construction Official shall keep an accurate account of the cost and expense thereof, and, upon completion of said removal or destruction, a true statement of the total cost thereof shall be filed by the Construction Official with the Tax Assessor whereupon the same shall become a lien upon the real property in question as provided by law.
In addition, the Township Committee may authorize the Township Attorney to proceed in an action against the owner of the premises in depth, for collection of such costs as may actually have been spent in the removal or destruction of the dangerous condition.
[Ord. #59, S 6; New]
The Township Committee, its agents and representatives shall have authority to enter upon any premises within the Township to inspect any building, wall or structure and to enforce any provision of this section.
[Ord. #59, S 7; New]
As used in this section, the words "building", "wall" and "structure" shall be defined as set forth in the State Uniform Construction Code Act and regulations adopted thereunder.
[Ord. #107; New]
The provisions of N.J.S.A. 40:48-2.3 through 40:48-2.12 are hereby adopted for the Township. The police powers of such sections shall be exercised by the Construction Official or his designated representative.
[Ord. #77-330, S 1]
The purpose of this section shall be to require the clear display of dwelling and other building numbers from public streets in order to assist the general public, mail delivery services, and emergency authorities in identifying any property, in the course of normal business and in case of emergencies.
[Ord. #77-330, S 2]
There is hereby established a uniform numbering system for numbering all dwellings and other buildings along the streets within the Township.
[Ord. #77-330, SS 3-5; Ord. #99-963, S 1]
a. 
The numbering of dwellings and other buildings on each street shall begin at the intersection of the center lines of roadways or as directed by the Director of Facilities and Development of the Township. All numbers shall be assigned on the basis of one number for each 50 feet of property frontage along the street, except as hereinafter provided.
b. 
Each street and road shall have a beginning point as determined by the Township Engineer. Numbering will begin at the beginning point. Odd numbers will be assigned to the left side of the road and even numbers will be assigned to the right side of the road. The following numbers shall not be used as building numbers (13, 69 and 666).
c. 
On U.S. Route 206 from the center line of Cherry Valley Road to the center line of Bridgepoint Road (southerly intersection), each twenty-five-foot increment will have a number, consistent with the above section. From the said intersection north to the Hillsborough Township boundary line, each fifty-foot increment will have a number, consistent with the above section.
[Ord. #77-330, S 6]
Whenever a house, building or structure shall be erected or located in the Township after the establishment of the numbering system, it shall be the obligation of the owner to procure the correct number or numbers as designated by the office of the Director of Facilities and Development of the Township for the property and to immediately affix such number or numbers so assigned to the buildings as provided for in this section. No building permit shall be issued for any house, building or structure until the owner has procured from the office of the Director of Facilities and Development the official number of the house, building or structure. Any structure erected, repaired, altered or modified after the effective date of this section, (Oct. 20, 1977), shall have final approval withheld by the Construction Official until permanent and proper numbers have been affixed.
[Ord. #77-330, S 7]
The numbers shall be a minimum of three inches in height, clearly visible on the background to which attached and located in a prominent place on the property to be visible from the street. Such numbers shall be procured and affixed at the owner's expense.
[Ord. #77-330, S 8]
Upon notification of the assigned number which may be by direct mailing or by notation on the tax bill of the property, any person, now the owner of any interest in a building, or who may hereafter acquire any such interest, shall comply with the provisions of this section and take all steps necessary to change to the number so assigned. In the case of conflict as to the proper number to be assigned to any building, the Director of Facilities and Development shall determine the number of such building and this decision shall be final. The owner of any lot upon which a building is located shall display or cause to be displayed the number assigned thereto in conformity with the provisions of this section within 60 days of receipt of the newly assigned number, either by direct mailing or by notation on the tax bill. It shall be unlawful to use, in any manner, any number inconsistent with this system and the number so assigned, if such use is continued for a period of 60 days following notification of a number different than the one so used.
[Ord. #77-330, S 9]
Any person who shall violate any of the terms or provisions of this section, shall, upon conviction, be liable to the penalty contained in Chapter 3, section 3-1.
[Ord. #90-654, S 2]
The Township Committee finds:
a. 
Farming has existed and been carried on in Montgomery Township for hundreds of years and before the residential, commercial and office development that has, since, become widespread in the Township.
b. 
Residential, commercial and office buildings have been located in close proximity to existing working farms that engage in plowing, seeding, fertilizing, the spraying of insecticides and herbicides, the use of tractors and farm machinery, irrigation and other customary farming practices.
c. 
The residential, commercial and office development have affected the abilities of farms to maintain their livelihood and utilize such customary farming practices.
d. 
Whatever burden may be caused to such proximate residential, commercial and office properties from farming practices, such burden is offset by the benefits derived by the Township from the continued existence of farms in the Township and preservation of the Township's rich farming heritage.
e. 
Hereinafter, the Township's policy shall be the preservation of farms and the establishment of a right to farm in the Township.
[Ord. #90-654, S 2]
The right to farm lands within the Township of Montgomery and the right to utilize land in such a manner so as to pursue a farming livelihood are hereby recognized as rights of the farmer, its agents or assigns, subject only to applicable health codes regulations or ordinances established by the State of New Jersey, County of Somerset or Township. All farmers in pursuit of an agricultural livelihood shall be allowed to continue previous practices established as customary farming techniques and procedures with regard to all aspects of farming, including but not limited to plowing, seeding, fertilizing, the spraying of insecticides and herbicides, the use of tractors and farm machinery, and irrigation, utilized by the farmer for the purpose of producing from the land agricultural projects such as vegetables, grains, hay, fruits, fibers, woods, trees, plants, shrubs, agriculture flowers and seeds. The right to farm shall also include the right to utilize the land for grazing of animals, subject to such restrictions as may exist pertaining to intensive fowl or livestock farms under State, County or local law.
[Ord. #90-654, S 2]
The activities, agricultural use and customary farming practices set forth hereinabove as incidental to the right to farm may occur seven days a week inclusive of holidays and Sundays and on a twenty-four-hour daily basis. Any noise, odors, dust and fumes incidental to such activities are recognized as ancillary to the permitted activities set forth in this section and to the right to farm herein established.
[Ord. #90-654, S 2]
This section shall not be construed as a land development ordinance and shall not supersede Chapter 16 of this Code and the rights, privileges and responsibilities established thereunder. It is the intent of this section to prohibit farming practices form being found to be a nuisance or in violation of the provisions of Section 3-3 Loud and Unnecessary Noise of this Code.
[Ord. #12-1424]
CERTIFICATE OF COMPLIANCE
Shall mean a certificate issued by the Montgomery Township Code Enforcement Office that provides notice, based on a general inspection of the visible parts of the rental premises, that there are no unsafe conditions found and that the rental premises is approved for continued occupancy.
ENFORCEMENT OFFICER
Shall mean the Construction Code Official or his/her designee.
MULTI-UNIT RENTAL DWELLING
Shall mean multiple rental premises located within the same building or structure, or cluster of buildings and structures, equipped with cooking facilities and designed for use as a living space for one or more people, including, but not limited to, apartment complexes, condominiums, townhouses and multi-family dwellings greater than two families. Owner-occupied one- and two-family dwellings are excluded from the definition of multi-unit rental dwelling.
OWNER
Shall mean any person who owns, purports to own, or exercises control over the multi-unit rental dwelling, including, but not limited to, an agent, broker, operator, management firm, and estate guardian, executor or administrator.
TENANT
Shall mean any person living or sleeping in, or having possession of a rental premises located in a multiunit rental dwelling.
[Ord. #12-1424]
Upon a change of tenancy in a rental premises located in a multi-unit rental dwelling, the owner of such dwelling must secure a certificate of compliance from the Township Code Enforcement Office prior to occupancy of the rental premises by a new tenant.
[Ord. #12-1424]
An application for a certificate of compliance shall be submitted on forms furnished by the Township Code Enforcement Office. The fee for a certificate of compliance shall be $75 per rental premises, and shall be paid at the time of application.
[Ord. #12-1424]
Before a certificate of compliance shall be issued, the Enforcement Officer shall make an inspection of the rental premises in question in order to ensure compliance with applicable building, health, safety and fire codes, regulations, ordinances and statutes of the Township of Montgomery and the State of New Jersey.
[Ord. #12-1424]
The Enforcement Officer shall issue a certificate of compliance upon his inspection and satisfaction that no violations of the aforementioned codes, regulations, ordinances and statutes exist. If violations are found, there shall be no new occupancy of the rental premises until such violations are abated in compliance with the applicable code, regulation, ordinance or statute. The charge for additional follow-up inspections shall be $50 per inspection.
[Ord. #12-1424]
A certificate of compliance shall be valid for 90 days from the date of issuance, after which the certificate will expire.
[Ord. #12-1424]
On January 15 of each year, an owner shall provide the Township Code Enforcement Office with a list of all rental premises where a change of tenancy has occurred during the preceding year for the purpose of ensuring compliance with this section. The list shall contain the street address of the rental premises and the date on which the new tenancy began.
[Ord. #12-1424]
The Township of Montgomery does not guarantee to the owner, tenant, mortgagor or mortgagee that the rental premises inspected is free from latent or patent defects. The Township is not liable for any damage or injury caused to any person as a result of any violation not recorded in the inspection, and is not liable for any damage, claim or injury to the rental premises or personal property contained therein.
[Ord. #12-1424]
Any person who violates the provisions of this section shall be subject to the general penalty provisions set forth in section 1-5 of this Code. Additionally, upon a change of tenancy, an owner is prohibited from charging rent on any rental premises until a certificate of compliance has been obtained.
[Ord. No. 17-1555]
The Township Committee finds:
a. 
The rental of residential dwellings for short-term occupancy has been identified as a community concern due to the potential for increased traffic, noise, litter, sanitation issues, high occupant turnover, and increased density in residential neighborhoods;
b. 
The number of individuals occupying such short-term rentals has the potential to exceed standards for the design capacity of such structures and to cause health and safety risks for the occupants, neighbors, and nearby properties;
c. 
The New Jersey Legislature has, pursuant to N.J.S.A. 40:52-1(d) and (n), specifically authorized municipal corporations, including the Township, to license and regulate "furnished and unfurnished rented housing or living units and all other places and buildings used for sleeping and lodging purposes, and the occupancy thereof," and the "rental of real property for a term of less than 175 consecutive days for residential purposes by a person having a permanent place of residence elsewhere"; and
d. 
The New Jersey Legislature has, pursuant to N.J.S.A. 40:48-2.12a, authorized municipal corporations, including the Township, to make and "enforce ordinances to regulate buildings and structures and their use and occupation to prevent and abate conditions therein harmful to the health and safety of the occupants of said buildings and structures and the general public in the municipality."
[Ord. No. 17-1555]
As used in this section:
ADVERTISE OR ADVERTISING
Shall mean any form of solicitation, promotion, and communication for marketing, used to solicit, encourage, persuade, or manipulate viewers, readers, or listeners into contracting for goods and/or services in violation of this section, as same may be viewed through various media including but not limited to: newspapers, magazines, flyers, handbills, pamphlets, commercials, radio, direct mail, internet websites, or text or other electronic messages for the purpose of establishing occupancies or uses of rental property, for consideration, which are prohibited by this section.
CONSIDERATION
Shall mean the soliciting, charging, demanding, receiving or accepting any legally recognized form of consideration including a promise or benefit, a quid-pro-quo, rent, fees, other form of payment, or thing of value.
DWELLING UNIT
Shall mean any structure, or portion thereof, whether furnished or unfurnished, which is occupied in whole or in part, or intended, arranged or designed to be occupied, for sleeping, dwelling, cooking, gathering and/or entertaining, as a residential occupancy, by one or more persons. This definition includes an apartment, condominium, building, cooperative, converted space, or portions thereof, that is offered to use, made available for use, or is used for accommodations, lodging, cooking, sleeping, gathering and/or entertaining of occupants and/or guest(s), for consideration, for a period of 30 days or less.
OCCUPANT
Shall mean any individual using, inhabiting, living, gathering, entertaining, being entertained as a guest, or sleeping in a dwelling unit, or portion thereof, or having other permission or possessory right(s) within a dwelling unit.
OWNER
Shall mean any person(s) or entity(ies), association, limited liability company, corporation, or partnership, or any combination, who legally use, possess, own, lease, sub-lease or license (including an operator, principal, shareholder, director, agent, or employee, individually or collectively) that has charge, care, control, or participates in the expenses and/or profit of a dwelling unit pursuant to a written or unwritten agreement, rental, lease, license, use, occupancy agreement or any other agreement.
PERSON
Shall mean an individual, firm, corporation, association, partnership, limited liability company, association, entity, and any person(s) and/or entity(ies) acting in concert or any combination therewith.
RESIDENTIAL OCCUPANCY
Shall mean the use of a dwelling unit by an occupant(s).
[Ord. No. 17-1555]
It shall be unlawful for an owner, lessor, sub-lessor, any other person(s) or entity(ies) with possessory or use right(s) in a dwelling unit, their principals, partner or shareholders, or their agents, employees, representatives and other persons(s) or entity(ies), acting in concert or a combination thereof, to receive or obtain actual or anticipated consideration for soliciting, advertising, offering, and/or permitting, allowing, or failing to discontinue the use or occupancy of any dwelling unit for a period of 30 days or less.
[Ord. No. 17-1555]
It shall be unlawful to advertise, solicit or promote by any means actions in violation of this section.
[Ord. No. 17-1555]
a. 
The provisions of this section shall be enforced by the Township Police Department, Zoning Officer, Building Code Official, Fire Official, Health Department, or other Sub-Code or Code Official.
b. 
Any person who violates the provisions of this section shall be subject to the general penalty provisions set forth in Section 1-5 of this Code.
[Added 10-7-2021 by Ord. No. 21-1668]
[Added 10-7-2021 by Ord. No. 21-1668]
It is the intent of this section to protect and preserve the public health, safety and welfare and security and quiet enjoyment of residents and neighborhoods by:
a. 
Requiring all property owners, including lenders, trustees and service companies, to properly maintain vacant and/or foreclosing properties; and
b. 
Regulating the maintenance of vacant and/or foreclosing properties to prevent blighted and unsecured properties.
[Added 10-7-2021 by Ord. No. 21-1668]
For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning set forth herein.
DAYS
Consecutive calendar days.
ENFORCEMENT AUTHORITY
The Township's Code Enforcement Officer and and/or their designee.
FORECLOSING
The process by which property, placed as security for a real estate loan, is prepared for sale to satisfy the debt if the borrower defaults.
OWNER
Includes the title holder, any agent of the title holder having authority to act with respect to a vacant property, or any creditor or foreclosing entity that has filed a notice with the Municipal Clerk pursuant to the provisions of N.J.S.A. 46:10B-51 (New Jersey Creditor Responsibility Law) or any other entity identified in a registration statement as having authority to act with respect to the property.
PROPERTY
Any real estate, or portion thereof, located in Montgomery Township, including any improvements thereon.
RESIDENTIAL PROPERTY
Any property that contains one or more dwelling units used, intended or designed to be occupied for living purposes.
TOWNSHIP
The Township of Montgomery.
VACANT
When referring to any property shall refer to a developed property for which no portion of the property is legally occupied or at which all lawful business or construction operations or residential or other occupancy have substantially ceased. A property shall not be deemed "vacant" for purposes of this section.
a. 
Where there is a building on the property containing multiple units, if any of the units are legally occupied;
b. 
Where the legal occupant has temporarily left the property for vacation or other purposes for a period not exceeding 180 days, possessing both the intent to return and the legal right to return, such as a residential property owner who resides in another municipality or state for a portion of the year;
c. 
Where the building is under construction with current, valid construction permits and work is being performed on the property on a regular basis;
d. 
Where the building and the grounds are maintained, and which are being actively marketed by its owner for sale or rental; or
e. 
Where there is no structural improvement/building on the property.
[Added 10-7-2021 by Ord. No. 21-1668]
a. 
All owners of vacant property must file a registration statement for each such vacant property with the Township Clerk, within 30 days of such property becoming vacant, or within 30 days after assuming ownership of the vacant property, whichever is later; or within 10 days of receipt of the notice by the Township, along with any fee required by this section. Failure to receive notice by the municipality shall not constitute grounds for failing to register the property.
1. 
Each property having a separate tax block and lot number shall be registered separately.
2. 
The owners shall notify the Township within 10 days of any changes to the information contained in the registration by filing an amended registration statement on a form provided by the Township.
3. 
The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Township against the owner or owners of a building.
b. 
Owners of vacant properties shall designate an individual or property management company responsible for the security and maintenance of the property. The individual or property management company responsible for the security and maintenance of the property shall have an office located within 60 minutes of the property.
c. 
The owner must notify the Township Clerk if, at any time after registration as a vacant property, the property is no longer vacant and provide proof that the property is no longer vacant.
d. 
The registration shall remain valid for six months from the date of registration. The owner shall be required to renew the registration every six months if the building remains vacant and shall pay a registration or renewal fee in the amount prescribed in Subsection 8-8.7 for each vacant property so registered. Upon a change in ownership, a new registration statement must be filed within 30 days of the closing.
[Added 10-7-2021 by Ord. No. 21-1668]
a. 
The registration required by this section must contain the following information:
1. 
The owner's name, telephone number, and mailing address. The mailing address may not be a P.O. box.
2. 
The street address and Tax Map designation (lot and block) of the property.
3. 
Whether the property is residential, nonresidential, or mixed use.
4. 
The name, telephone number, and mailing address of an individual or property management company responsible for the security and maintenance of the property. The mailing address may not be a P.O. box.
5. 
Proof of utility (gas, electric, water) connections or disconnections.
6. 
Proof of insurance meeting the requirements of Subsection 8-8.10 of this section.
b. 
The Township Clerk may promulgate forms on which the information in the registration must be provided.
[Added 10-7-2021 by Ord. No. 21-1668]
a. 
A creditor serving a summons and complaint in an action to foreclose on a mortgage on property in this Township, including, but not limited to, residential property, shall, within 10 days of serving the summons and complaint, file a registration with the Township Clerk. The registration must be renewed as set forth below until title to the property has been transferred to a new owner or the foreclosure action is dismissed. A creditor who takes title to a vacant property shall then be required to register as an owner of such vacant property and to renew such registration for as long as the property remains vacant.
b. 
If the property is vacant, the creditor must designate an individual or property management company responsible for the security and maintenance of the property. The individual or property management company responsible for the security and maintenance of the property shall have an office located within 60 minutes of the property.
c. 
The registration shall contain the following information:
1. 
The creditor's name, telephone number, and mailing address. The mailing address may not be a P.O. Box.
2. 
The street address and Tax Map designation (lot and block) of the property for which foreclosure has been sought.
3. 
Whether the property is residential, nonresidential, or mixed use.
4. 
The name, telephone number, and mailing address of a designated representative of the creditor who is responsible for receiving complaints of property maintenance and code violations for that property. The mailing address may not be a P.O. box.
5. 
If the property is vacant, the name, telephone number, and mailing address of an individual or property management company responsible for the security and maintenance of the property. The mailing address may not be a P.O. box.
6. 
If the property is vacant, proof of utility (gas, electric, water) connections or disconnections.
7. 
If the property is vacant, proof of insurance meeting the requirements of Subsection 8-8.10 of this section.
d. 
The creditor shall have a continuing duty to notify the Township of any changes to the information contained in the registration.
e. 
The Township Clerk may promulgate forms on which the information in the registration must be provided.
f. 
Once the foreclosure action has terminated, either through dismissal or transfer of title, the creditor must provide proof of such termination, sale, transfer or occupancy to the enforcement authority within 30 days of sale, transfer or occupancy.
[Added 10-7-2021 by Ord. No. 21-1668]
Upon reasonable notice to the property owner or the designated agent, at any time after filing a registration statement or a renewal of a registration statement, the owner of any vacant property shall provide access to the Township to conduct exterior and interior inspections of the building to determine compliance with Township codes.
[Added 10-7-2021 by Ord. No. 21-1668]
a. 
The initial registration fee shall be $500 and must accompany the registration form. The initial registration shall be valid for six months from the initial registration; subsequent renewals shall be valid for a period of six months. The fee for the first renewal shall be $1,000; the fee for the second renewal shall be $2,000; and the fee for all subsequent renewals shall be $3,000.
b. 
No governmental agency shall be required to pay the initial or renewal registration fees but are not exempt from the registration requirements.
c. 
When a property that was previously registered under this section ceases to be vacant for a period of at least six consecutive calendar months, then the next vacancy registration of such property shall be considered an initial registration.
d. 
At the time of any renewal, a one-time waiver of the registration fee may be granted upon application to the Township Committee if the owner has applied to the Building Department for a permit to commence demolition, construction or improvement work at the property or if the owner is in the process of selling or leasing the property, with appropriate documentation presented demonstrating satisfactory proof of eligibility for the waiver.
[Added 10-7-2021 by Ord. No. 21-1668]
a. 
Properties subject to the requirements of this section must be maintained in accordance with all applicable federal, state and local laws, rules and regulations. The owner, creditor, local individual or local property management company, as appropriate, must inspect the property twice a month for the duration of the vacancy or foreclosure, as appropriate.
b. 
In addition to, and not in lieu of, meeting all other applicable federal, state, and local laws, rules, and regulations:
1. 
Properties subject to the requirements of this section shall be kept free of accumulated snow and ice, weeds, dry brush, dead vegetation, trash, junk, debris, building materials, unregistered vehicles, any accumulation of newspapers, circulars, flyers, notices (except those required by law), and discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, printed material or any other items giving the appearance that the property is vacant.
2. 
Properties subject to the requirements of this section shall be maintained free of graffiti, tagging, or similar markings. In the event that any graffiti, tagging, or similar markings are placed on the property, it/they shall either be removed or painted over with an exterior-grade paint matching the color of the portion of the structure where the graffiti, tagging, or similar marking was placed.
3. 
Any pool, spa, or other standing body of water shall either be kept in working condition, so the water remains clear and free of growth, pollutants, and debris, and does not become a harborage for vermin or insects, or drained and kept dry. In either case, properties with pools or spas must comply with the security fencing requirements of the Township.
c. 
The property owner shall be responsible for property maintenance. However, if the owner of a property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a property is or becomes vacant at the time of or at any point subsequent to the creditor's filing of the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the creditor or any other third party, and the property is found to be a nuisance or in violation of any applicable state or local code, the enforcement authority shall notify the creditor, which shall have the responsibility to abate the nuisance or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by state law or Township ordinance. The enforcement authority shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less than 30 days from the creditor's receipt of the notice for the creditor to remedy the violation. If the creditor fails to remedy the violation within that time, the Township may impose the penalties allowed for the violation of municipal ordinances pursuant to N.J.S.A. 40:49-5 against the creditor to the same extent as they could be imposed against the owner of the property.
d. 
Adherence to this section does not relieve the owner or creditor of obligations set forth in any other statute, regulation, ordinance, or other source of authority or obligation.
[Added 10-7-2021 by Ord. No. 21-1668]
The owner of any structure that has become vacant property, and any person responsible for maintaining any such building that has become vacant, shall within 30 days of the structure becoming vacant or 30 days of the owner taking title to the property:
a. 
Enclose and secure the structure and ensure that the grounds of the structure, including yards, fences, sidewalks, walks, and driveways, are well maintained and kept free from trash or debris.
b. 
Post a sign affixed to the structure with the name, address, and telephone number of the owner and the owner's authorized agent for the purpose of service of process; and the name, address, and telephone number of the entity responsible for maintenance of the property, which may be the same as the owner or authorized agent. If the structure is set back from the street, the sign may be posted on a well-secured post or stake in the front yard of the property. The sign shall be at least 18 inches by 24 inches in dimension, shall include the following language: "To report a problem with this building, call (contact information for owner or agent)" and shall be placed in a location where it is clearly visible and legible from the nearest public street or sidewalk, whichever is nearer; and
c. 
The owner of any structure that has become vacant property, and any person responsible for maintaining any such building that has become vacant shall continuously maintain the structure in a secure and closed condition and ensure that the sign is visible and intact until the building is again occupied or demolished, or until repair or rehabilitation of the building is complete.
[Added 10-7-2021 by Ord. No. 21-1668]
The owner of any vacant property shall acquire and maintain liability insurance covering injury or damage to any person or any property in not less than $300,000 for residential buildings and $1,000,000 for nonresidential buildings or property.
[Added 10-7-2021 by Ord. No. 21-1668]
Enforcement authority shall be vested in the Township's Code Enforcement Department and its officials and inspectors.
[Added 10-7-2021 by Ord. No. 21-1668]
a. 
Except as otherwise provided herein, any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than $500 nor more than $2,500 for each offense. Every day that a violation continues shall constitute a separate and distinct offense.
b. 
For the purposes of this section, failure to file a registration statement within 30 days after assuming ownership of a vacant property, or within 10 days of receipt of notice of the requirement to comply with this section from the municipality, whichever is later; failure to provide correct information on the registration statement; failure to comply with the provisions of Subsections 8-8.8, 8-8.9 or 8-8.10 of this section all shall be deemed to be a violation of this section.
c. 
An owner subject to this section found to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to this section shall be subject to a fine of not less than $500 nor more than $2,500 for each day of the violation. Any fines imposed pursuant to this section shall commence 31 days following the receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of this notice.
d. 
Fines assessed under this section shall be recoverable from the owner and shall be a lien on the property.
[Added 10-7-2021 by Ord. No. 21-1668]
Nothing contained in this § 8-8 shall prevent the Township from acting to abate a nuisance or correct a violation where the owner or creditor, as applicable, has failed to abate the nuisance or correct the violation on a vacant property or a property in foreclosure after notice and the opportunity to abate or correct. In such situations, the Township may impose a lien against the property for costs to correct the violation or abate the nuisance. Such lien shall hereafter form part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as such taxes, to be collected and enforced by the same officers and in the same manner as such taxes.