[1967 Code § 7-2-1; Ord. No. 12-28-76 § 1]
a. 
There is hereby established in the Township, a State Uniform Construction Code enforcing agency to be known as Millburn Construction Code Enforcing Agency, consisting of a Construction Official, Building Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official, and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, 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.
b. 
Each official position created in Paragraph a hereof shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-126 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 N.J.S.A. 52:27D-126 and N.J.A.C. 5:23 to hold each position.
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.
d. 
All other provisions of N.J.S.A. 52:27D-126 are incorporated herein by reference to the same effect as if herein set forth at length.
[1967 Code § 7-2-2; Ord. No. 12-28-76 § 1]
The Construction Code Enforcing Agency shall administer the provisions of the State Uniform Construction Code in accordance with the provisions of this chapter and the State Uniform Construction Code Act, N.J.S.A. 52:27D-126.
[1967 Code § 7-2-3; Ord. No. 12-28-76 § 1]
Application for permit shall be in accordance with procedure as set forth in N.J.S.A. 52:27D-130.
[1967 Code § 7-2-4; Ord. No. 12-28-76 § 1]
Decisions for applications for permit shall follow the procedure as set forth in N.J.S.A. 52:27D-131.
[1967 Code § 7-2-5; 12-28-76 § 1; Ord. No. 19-79 § 1; Ord. No. 15-90 § 1; Ord. No. 8-92 § 1; Ord. No. 04-97 § 1; Ord. No. 10-97 § 1; Ord. No. 2202-02 § 1; Ord. No. 2250-05 §§ 1—6]
A construction permit will be valid for one year from the date of issuance, and the fee shall be the sum of the subcode and surcharge fees hereafter listed and shall be paid prior to the issuance of a construction permit.
a. 
Option. Fees may be waived for public institutions, churches, and volunteer fire companies. Fees may also be waived or reduced for community organizations, charitable institutions receiving tax exempt status under the Internal Revenue Code, and for buildings being rebuilt immediately after destruction by fire or acts of nature; provided, however, that such waiver as set forth herein above for community organizations, charitable institutions receiving tax exempt status under the Internal Revenue Code, and for buildings being rebuilt immediately after destruction by fire or acts of nature shall be so waived or reduced only by Mayor and Committee of the Township of Millburn.
1. 
Building Subcode fee. Building volume or cost: The fees for new construction or alteration are as follows:
(a) 
Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The new construction fee shall be in the amount of $0.03 per cubic foot of volume for buildings and structures of all use groups and types of construction as classified and defined in Articles 3 and 4 of the Building Subcode; except that the fee shall be $0.015 per cubic foot of volume for use groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2, and the fee shall be $0.0007 per cubic foot for structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d) with the maximum fee for such structures on farms not to exceed $1,060.
(b) 
Fees for renovations, alterations and repairs or site construction associated with pre-engineered systems of commercial farm buildings, premanufactured construction, and the external utility connection for premanufactured construction shall be the estimated cost of the work. The fee shall be in the amount of $23 per $1,000. From f$50,001 to and including $100,000, the additional fee shall be in the amount of $18 per $1,000 of estimated cost above $50,000. Above $100,000, the additional fee shall be in the amount of $15 per $1,000 of estimated cost above $100,000. For the purpose of determining estimated cost, the applicant shall submit to the agency such cost data as may be available produced by the architect or engineer of record, or by a recognized estimating firm, or by the contractor. A bonafide contractor's bid, if available, shall be submitted. The agency shall make the final decision regarding estimated cost.
(c) 
Fees for additions shall be computed on the same basis as fees for new construction for the added portion.
(d) 
Fees for combination renovations and additions shall be computed as the sum of the fees computed separately in accordance with Items (a) and (b) above.
(e) 
Provided, further, that the minimum fee shall be $65.
2. 
Miscellaneous flat fees.
(a) 
Private swimming pools. In-ground: $250; aboveground: $65.
(b) 
Fencing/retaining walls: $10 per $1,000 estimated costs, provided the minimum fee shall be $65.
(c) 
Residential tool or storage sheds. Up to 100 square feet: $65. Over 100 square feet: $0.0150 per cubic feet of building or structure, provided that the minimum fee shall be$65.
(d) 
Commercial/residential type antenna mast and satellite dish. Roof- or ground-mounted shall be $10 per $1,000 estimated cost, provided the minimum fee shall be $65.
(e) 
Signs. Fee shall be based at $2 per square foot of the surface area. The minimum sign fee shall be $65. In the case of double-faced signs, the area of only one side of the sign shall be used for purposes of the fee computation.
(f) 
Siding/roofing: $10 per $1,000 estimated costs, provided the minimum fee shall be $65.
(g) 
Demolition.
(1) 
Interior: fee shall be $150.
(2) 
For a residential R-2, R-3 or R-4 building or structure, the fee shall be $250 per demolition, and $300 for other use groups.
(h) 
Commercial installation or removal of flammable or combustible liquid storage tanks and dispensing units or pumps.
Installation, per tank, of a tank for heating purposes up to:
1,000 gallons
$150
1,001 to 2,000 gallons
$200
2,001 to 3,000 gallons
$250
Over 3,000 gallons
$300
Installation, per tank, of a tank for dispensing or storage of flammable or combustible liquid up to:
1,000 gallons
$200
1,001 to 2,000 gallons
$250
2,001 to 3,000 gallons
$300
Over 3,000 gallons
$375
Dispensing units or pumps - per unit
$15
Abandonment of tank in place or removal - per tank
$230
(i) 
Moving of a structure or building. From one lot to another or to a new location on the same lot shall be $10 per $1,000 of the sum of the estimated cost of moving. The fee for a new foundation and for placement in a completed condition in the new location shall be the same fee as in Subsection 1(a) above; provided that the minimum fee shall be $65.
(j) 
Renewal of an existing permit. For one additional year the fee shall be $100, provided substantial construction has taken place within the first six-month period of the construction permit applied for. For each additional year thereafter, the fee shall be 1/3 of the cost of the original permit, provided that the minimum fee shall be $100; and, provided further, that the construction for which the permit is applied, is progressing diligently.
(k) 
Asbestos removal. An administrative fee of $70 shall be paid for each construction permit issued for an asbestos abatement project and an administrative fee of $14 for each certificate of occupancy.
(l) 
Driveways, patios and walks. A fee of $65 shall be paid for each driveway, patio, or walk installation.
(m) 
Lead hazard abatement. The fee for a permit for lead hazard abatement work shall be $120. The fee for a lead abatement clearance certificate shall be $28.
(n) 
Final inspection. Upon completion of construction applied for and all required final Subcode inspections performed, the applicant and/or agent of owner/applicant shall notify the Construction Office that the job is complete in order to close out any ongoing job/project. In the event the Construction Office is not notified that construction is completed within 30 calendar days of such completion, an additional fee of $50 shall be assessed to the owner/applicant or other who has applied for and received the subject construction permit, unless good cause is shown to the Construction Office for the delay.
(o) 
Tennis, paddleball, basketball and other exterior sports courts. The fee for a permit for a tennis, paddleball, basketball or other exterior sports court shall be assessed at the alteration fee per Paragraph 9-1.5a1(b). The fee for a residential tennis, paddleball, basketball or other exterior sports court shall be $250. Any electrical, plumbing or fire permit fees shall be assessed separately.
(p) 
Swingsets/playsets, basketball equipment, water features, and all other accessory uses. The fee for swingsets/playsets, basketball equipment, water features, and all other accessory uses not otherwise described in this subsection shall be $65 per installation.
(q) 
Tents. A fee of $92 shall be paid for each tent in excess of 900 square feet in area or more than 30 feet in any dimension. Any electrical permit fees shall be assessed separately.
3. 
Elevator fees schedule.
(a) 
The fee for a permit to install an elevator device shall be a flat fee. The fee may vary for different types of inspections, tests, and elevator devices. N.J.A.C. 5:23-4.18(g)1.
(b) 
The categories of municipal elevator fees shall be identical to the categories of elevator fees listed in N.J.A.C. 5:23-12.6(a) and (b).
(c) 
The fee for plan review for elevator devices in structures of Use Groups R-3 and R-4 shall be: N.J.A.C. 5:23-4.20(c)6: $49.
(d) 
The fee for plan review for elevator devices in structures in use groups other than R-3 and R-4 shall be: N.J.A.C. 5:23-4.20 (c)7: $254.
(e) 
Acceptance tests: The fee for elevators in structures not in Use Group R-3 or R-4 shall be as follows: N.J.A.C. 5:23-12.6(a)1i through vi. (See N.J.A.C. 5:23-4.20(c)8.)
(1) 
Traction and winding drum elevators:
1 to 10 floors
$238
Over 10 floors
$396
Hydraulic elevators
$212
Roped hydraulic elevators
$238
Escalator and moving walks
$212
Dumbwaiter
$53
Stairway chair, incline and vertical wheelchair lift and manlifts
$53
(2) 
Additional charges for devices equipped with the following features shall be as follows: N.J.A.C. 5:23-12.6(a)2i through iii.
Oil buffers
$43
Cwt. governor and safeties
$106
Auxiliary power generator
$79
(f) 
The fee for elevator devices in structures in Use Group R-3 or R-4 shall be: N.J.A.C. 5:23-12.6(a)3: $159.
(g) 
The fee for witnessing acceptance tests of and performing inspections of alterations shall be: N.J.A.C. 5:23-12.6(a)4: $53.
(h) 
The fee for routine, six month tests and inspections for elevator devices in structures not in Use Groups R-3 or R-4 shall be as follows: N.J.A.C. 5:23-12.6(b)1i through iv.
Traction and winding drum elevators:
1 to 10 floors
$147
Over 10 floors
$190
Hydraulic elevators
$106
Roped hydraulic elevators
$147
Escalator and moving walks
$147
(i) 
The fee for one-year periodic inspection and witnessing of tests of elevator devices, which shall include a six-month routine inspection, shall be: N.J.A.C. 5:23-12.6(b)2i through vi.
(1) 
Traction and winding drum elevators:
1 to 10 floors
$212
Over 10 floors
$253
Hydraulic elevators
$159
Roped hydraulic elevators
$212
Escalator and moving walks
$338
Dumbwaiters
$84
Manlifts, stairway chair lifts, incline and vertical wheelchair lifts
$128
(2) 
Additional yearly periodic inspection charges for elevator devices equipped with the following features shall be as follows: N.J.A.C. 5:23-12.6(b)3i through iii.
Oil buffers, per buffer
$43
Cwt. governor and safeties
$84
Auxiliary power generator
$53
(j) 
The fee for the three-year or five-year inspection of elevator devices shall be as follows: N.J.A.C. 5:23-12.6(b)4i and ii.
Traction and winding drum elevators:
1 to 10 floors (5-year inspection)
$359
Over 10 floors (5-year inspection)
$401
Hydraulic and roped hydraulic elevators:
3-year inspection
$265
5-year inspection
$159
4. 
Plan review. The fee for plan review shall be 20% of the amount to be charged for the construction permit and shall be paid before the plans are reviewed. The amount paid for this fee shall be credited toward the amount of the fee to be charged for the construction permit.
5. 
New Jersey state permit fees per N.J.A.C. 5:23-4.19. In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations, the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee of $0.0019 per cubic foot of volume of new construction. The fee for all other construction, except pre-engineered systems of commercial farm buildings, shall be $0.96 per $1,000) of value of construction. No fee shall be collected for pre-engineered systems of commercial farm buildings. Surcharge fees shall be remitted to the Department of Community Affairs, on a quarterly basis for the fiscal quarter ending September 30, December 31, March 31 and June 30, and not later than one month next succeeding the end of the quarter for which it is due.
6. 
Plumbing fixtures and equipment. Plumbing fees shall be as follows:
(a) 
For each plumbing fixture listed below, $10:
Water closet/bidet/urinal
Bathtub
Stall shower
Lavatory/sink
Washing machine/standpipe
Dishwasher
Kitchen pot filler
Hose bibb
Garbage disposal
Indirect connection
Drinking fountain
Floor drain
Backflow preventer (non-testable)
Stacks
(b) 
Each heat pump and/or device: $50.
(c) 
Storm/sanitary sewer line (each) inside building only: $76.
(d) 
Storm/sanitary sewer line (each) outside building only: $76.
(e) 
Testable backflow preventer: $100.
(f) 
Each special device as listed below shall be $65:
Hot water heater
Lawn sprinkler with back flow preventer
Gas piping
Gas service entrance
Utility service connections
Grease traps
Fuel oil piping
Oil separators
Steam boilers (gas or oil)
Active solar systems
Interceptors
Water cooled air conditioning units
Refrigeration units
Sewer ejectors
Sewer pumps (stormwater)
(g) 
Minimum fee for plumbing permit shall be $65.
7. 
Electrical fixtures and equipment. Electrical fees shall be as follows:
(a) 
Electrical fixtures and devices.
From 1 to 50 receptacles, fixtures or switches: $40.
Each additional 25 receptacles, fixtures or switches: $10.
For the purpose of computing this fee, receptacles, fixtures or switches shall include:
Lighting fixtures
Smoke detectors
Receptacles
Thermostats
Light poles (residential)
Switches
Emergency and exit lights
Heat detectors
Motors - Fract. hp
Communication/intercom
Alarm devices/F.A.C. panel
Any similar device or motor of 1 horsepower or 1 kilowatt or less
(b) 
Motors.
1 hp to 10 hp
$25
10.1 hp to 50 hp
$60
50.1 hp to 100 hp
$90
100.1 hp and larger
$450
(c) 
Electrical devices.
1 kW to 10 kW
$25
10.1 kW to 50 kW
$60
50.1 kW to 100 kW
$90
100 kW and larger
$450
For the purposes of computing this fee, typical electrical device sizes are listed below, and proper kW rating must be noted on application so proper fee can be assessed.
Typical electrical devices:
Dishwasher
1.2 kW
Hot water heater
4.5 kW
Electric dryer
5 kW
Apartment size range
8 kW
For electric B.B. heat greater than 4 feet or 1 kW, apply schedule.
All other devices, apply kW schedule.
(d) 
Transformers or generators.
1 kW to 10 kW
$25
10.1 kW to 50 kW
$60
50.1 kW to 112.5 kW
$90
112.5 kW and larger
$450
(e) 
Service equipment including:
Service panel
Service entrance
Subpanel
Commercial F.A.C. panel
0 to 200 AMP
$60
200.1 to 1000 AMP
$100
1000.1 and larger
$450
(f) 
Construction pole services.
Service
$85
1 receptacle
$40
Total pole service
$125
(g) 
Air conditioners. Includes disconnect switch, condenser unit, air-handling unit and final inspection.
Flat fee
$65
(h) 
Pools, spas, hot tubs, etc. Includes bonding, underground conduit, underwater lighting and final inspection.
Flat fee
$95
Exterior lighting, subpanels, exterior outlets, etc., priced separately.
(i) 
Commercial lights and poles.
1 to 10
$45
11 to 20
$85
21 to 30
$120
Over 30
$140
(j) 
Minimum fee for electrical permit shall be $65.
8. 
Fire Subcode fees. Fire protection and other hazardous equipment: sprinklers, standpipes, 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.
In computing fees for heads and detectors, the number of each shall be counted separately and two fees, one for heads and one for detectors, shall be charged.
(a) 
The fee for 10 or fewer smoke or carbon monoxide detectors shall be: $65.
(b) 
The fee for 20 or fewer heads shall be: $65.
(c) 
The fee for 11 to 20 smoke or carbon monoxide detectors shall be: $85.
(d) 
For 21 to and including 100 heads or detectors, the fee shall be: $120.
(e) 
For 101 to and including 200 heads or detectors, the fee shall be: $228.
(f) 
For 201 to and including 400 heads or detectors, the fee shall be: $590.
(g) 
For 401 to and including 1,000 heads or detectors, the fee shall be: $800.
(h) 
For over 1,000 heads or detectors, the fee shall be: $1,000.
(i) 
The fee for each standpipe shall be: $229.
(j) 
The fee for each independent pre-engineered system shall be: $92.
(k) 
The fee for each gas or oil-fired appliance that is not connected to the plumbing system shall be: $46.
(l) 
The fee for each commercial kitchen exhaust system shall be: $92.
(m) 
The fee for each incinerator shall be: $365.
(n) 
The fee for each crematorium shall be: $365.
(o) 
The fee for each fire service line shall be: $85.
(p) 
The fee for emergency/exit lights shall be: $65.
(q) 
Minimum fee for fire permit shall be: $65.
9. 
Mechanical fees.
(a) 
The fee for a direct replacement or conversion for an appliance listed below in a Use Group R-3 or R-4 structure by a mechanical inspector shall be $85 and $10 for each additional device. No separate fee shall be charged for gas, fuel, oil or water piping connections associated with the mechanical equipment inspected. However, an additional fee of $60 shall be charged for new gas service, new water service, new oil lines and items of this nature.
The following items shall be eligible for direct replacement fees:
Water heater
Gas piping
Steam boiler
Fuel oil piping
Hot air furnace
Air handler/condensing unit
Hot water boiler
Back flow preventer
(b) 
Installation or removal of flammable or combustible liquid storage tanks and dispensing units or pumps:
Dispensing units or pumps - per unit
$15
Inside tanks up to 275 gallons installed for heating
Purposes - per tank
$60
Other inside tanks - per tank
$76
Underground tanks - per tank
$176
Aboveground tanks
Up to 660 gallon capacity - per tank
$150
661 to 2,000 gallon capacity - per tank
$250
Each additional 1,000 gallons
$10
Abandonment of tanks in place or removal - per tank
$76
10. 
Occupancy permit fees.
(a) 
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 Department pursuant to these regulations. The minimum fee shall be $130, except for one or two-family (Use Group R-3 or R-4 of the Building Subcode) structures of less than 5,000 square feet in area and less than 32 feet in height, and structures on farms, including farm buildings subject to N.J.A.C. 5:23-3.2(d), for which the minimum fee shall be $60.
(b) 
There shall be no fee for a temporary certificate of occupancy.
(c) 
Certificate of occupancy. Change in use groups shall be combined minimum fee for all subcodes, provided that the minimum fee shall be $240.
(d) 
Continued certificate of occupancy. The fee shall be the combined minimum fee for all subcodes, provided that the minimum fee shall be $240.
(e) 
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $550 for Class I structures and $111 for Class II and Class III structures. The fee for resubmission of an application for variation shall be $212 for Class I structures and $60 for Class II and Class III structures.
(f) 
For cross connections and backflow preventers that are subject to annual testing, the fee shall be $111 for each device.
(g) 
All subcode fees shall be rounded to the nearest dollar.
(h) 
All fees paid to the Department under the regulations shall be nonrefundable.
[Ord. No. 2379-11 § 1; amended 12-3-2019 by Ord. No. 2545-19; 11-21-2023 by Ord. No. 2654-23]
a. 
Definitions.
BUILDING
Shall mean any building or structure heretofore or hereafter constructed and designed or used for dwelling purposes, either temporary or permanent, or other use or occupancy by persons.
CONNECTION FEE PAYMENT DATE
Shall mean the date upon which the connection fee authorized in this section shall be due and payable, which shall be no less than 60 days prior to the sewer connection date, and upon the failure of which no physical connection or use of the municipal sewerage system shall be permitted and no certificate of occupancy issued for the related building or structure.
SERVICE UNIT
Shall mean the amount of sewage flow attributable to each single-family residential unit, and also known as an equivalent dwelling unit.
SEWER CONNECTION DATE
Shall mean the date upon which physical connection is made to the municipal sewerage system.
b. 
Sewer connection required. The owner of any building located upon any public street or easement in the Township in which a sewer is now constructed and in operation or shall be hereafter constructed and in operation shall, on the sewer connection date with respect to the building, connect such building therewith, and at such connection point as shall be designated by the Township Engineer.
c. 
Connection fee to be assessed. A connection fee for each connection of any property to the sewerage system shall be imposed upon the owner or occupant of the property so connected. The connection charges shall be uniform within each class of users and the amount thereof shall not exceed the actual cost of the physical connection plus an amount representing a fair payment towards the cost of the system and computed in the following manner:
1. 
The amount representing all debt service, including but not limited to sinking funds, reserve funds, the principal and interest on bonds, and the amount of any loans and interest thereon, paid by the Township to defray the capital cost of developing the system as of the end of the immediately preceding budget year shall be added to all capital expenditures made by the Township not funded by a bond ordinance or debt for the development of the system as of the end of the immediately preceding budget year;
2. 
Any gifts, contributions or subsidies to the Township received from, and not reimbursed or reimbursable to, any federal, state, county or municipal government or agency or any private person, and that portion of amounts paid to the Township by a public entity under a service agreement or service contract which is not repaid to the public entity by the Township, shall then be subtracted;
3. 
The remainder shall be divided by the total number of service units served by the local unit or units at the end of the immediately preceding budget year, and the results shall then be apportioned to each new customer according to the number of service units attributed to that connector, to produce the connector's contribution to the cost of the system. In attributing service units to each connector, the estimated average daily flow of sewage for the connector shall be divided by the average daily flow of sewage for the average single-family residence in the area served by the Township to produce the number of service units to be attributed.
4. 
The connection fee shall be recomputed during the first quarter of each budget year, after a public hearing is held. The revised connection fee may be imposed upon those who subsequently connect to the system in that budget year.
d. 
Connection Fees. The connection fee shall be paid on or before the Connection Fee Payment Date for connection directly to (1) an existing sewer line within the Township presently operated and maintained by the Township, (2) any sewer line constructed by the Township as a capital project, or otherwise, or (3) any sewer line constructed by a developer as an on-site, on-tract, off-site or off-tract improvement in conjunction with the development of a subdivision or site plan (including those units constructed by a developer in conjunction with a subdivision or site plan where the developer is installing the sewer line at its cost), as follows:
1. 
Each apartment unit, condominium unit, cooperative apartment unit, townhouse unit or single-family dwelling already in existence or to be newly constructed and not presently connected to the sewer system shall pay a connection fee as follows: Single-family dwelling, apartment unit, condominium unit, cooperative apartment unit, townhouse unit or any other multiple dwelling unit, per unit: $2,100 (basic connection fee).
2. 
Schools, municipal facilities, churches and charitable institutions: Connection fees-Same as commercial and industrial connections.
3. 
Commercial and industrial connection (including condominium offices and cooperative offices): The connection fee shall be computed for each connection based on the charge for a single-family dwelling multiplied by the equivalent number of single-family units (service units) contributing the same flow rate to the system in accordance with the following standards:
(a) 
The design flow rate for one single-family dwelling is 250 gallons per day.
(b) 
The Design Flow rate for various types of establishments, as set forth in the applicable regulations of the New Jersey Department of Environmental Protection ("NJDEP") as amended, currently cited in N.J.A.C. 7:14A-23.3, shall be used to determine the equivalency factor for type of establishments listed therein.
(c) 
In any case where the Design Flow cannot be reasonably established, using N.J.A.C. 7:14A-23.3 as a guide, the Township shall determine the design flow by such means as are, in its opinion, fair and equitable, based upon the recommendation of the Township Engineer.
Example Calculation: (GPD means gallons per day):
GPD
250
x basic connection charge = connection fee (rounded to next highest $100)
4. 
Hotels, nursing homes (and other types of similar lodging):
Connection fees - Same as commercial and industrial except that only one connection shall be required.
e. 
Additional Connection Fee for Addition, Alteration or Change in Use.
1. 
For a property connected to the sewerage system for less than 20 years, the Township shall charge an additional connection fee for an addition, alteration, or change in use that materially increases the level of use and imposes a greater demand on the sewerage system, but does not involve a new physical connection of the property to the sewerage system.
2. 
The connection fee authorized by subsection e1 of this section shall be equal to the amount by which the increased use and demand on the sewerage system exceeds the use and demand that existed prior to such addition, alteration, or change in use.
3. 
Nothing in this section shall be construed to preclude the Township from charging a new or additional connection or tapping fee for any new or additional connection of a property to the sewerage system, or for any increase in the size of an existing connection or for any new construction of additional service units connected to the sewerage system that materially increases the level of use or demand on the sewerage system.
4. 
As used in this section, "materially increases" means any increase in the number of service units; or any other change which increases the level of use or demand on the sewerage system by 15% or more over the highest actual annual use and demand that existed during the prior ten-year period immediately preceding the addition, alteration, or change in use; provided, however, that, if the property has been connected to the sewerage system for less than 10 years, the average level of use and demand shall be calculated based on the actual period of connection.
f. 
Credits.
1. 
The Township shall provide a credit applicable toward a connection fee to be charged for a reconnection of a disconnected property that was previously connected to the sewerage system, provided that:
(a) 
The property has been connected to the sewerage system for at least 20 years; and
(b) 
Service charges have been paid for the property in at least one of the last five years.
2. 
The credit required under subsection f1 of this section shall be calculated as follows:
(a) 
If the reconnection does not require any new physical connection or does not increase the nature or size of the service or the number of services units, or does not expand the use of the sewerage system, the credit shall be equal in amount to the new connection fee.
(b) 
If the reconnection requires a new physical connection, increases the nature or size of the service or the number of service units, or expands the use of the sewerage system, the credit shall be equal in amount to any connection fee previously paid for the property, and the Township shall charge the difference between the credit and the connection fee for the new use or class.
(c) 
If no connection fee was ever paid for the property, but all service charges due and owing on the property have been paid for at least 20 years, the credit shall be equal in amount to the new connection fee; provided, however, that any charges due and owing pursuant to paragraph (b) of this subsection shall be paid.
(d) 
If no connection fee was ever paid for a disconnected property that is to be reconnected and which was previously connected to the sewerage system for at least 20 years and all service charges due and owing on the property have not been paid for at least 20 years, the Township shall charge, in addition to any charges due and owing pursuant to subsection 2(b), a connection fee equal to the lesser of:
(1) 
20% of the service charges that would have been paid based upon the usage for the last full year that the property was connected to the sewerage system for the period from the date of the disconnection from the sewerage system to the date of the new connection; or
(2) 
The new connection fee.
3. 
A credit shall not be allowed under this section for a property that has been disconnected from the sewerage system for more than five years.
4. 
As used in this section, "disconnected property" means a property that has been physically disconnected from the sewerage system or a property not physically disconnected but to which service has been discontinued without payments being made. A "disconnected property" shall not include a property that has been temporarily disconnected from the sewerage system or to which service has been discontinued without payments being made for less than 12 consecutive months and is being reconnected as it existed, prior to the temporary disconnection or discontinuance of service.
g. 
Affordable Housing Projects.
1. 
With respect to the construction of affordable housing projects, including any affordable housing units in inclusionary projects, a 50% reduction in the connection fee shall be applied to new connections to the Township sewerage system. This reduction shall only apply to affordable housing units and shall not apply to market rate housing.
2. 
For units previously connected to the Township's system that were demolished or refurbished to allow for new affordable housing units and for which a connection fee was previously paid, a credit against the connection fee to be assessed for connection with the sewerage system shall be applicable to any affordable housing units, including affordable housing units in inclusionary projects. The credit shall be the connection fee previously assessed and paid for connection with the sewerage system for units previously connected to the Township's system.
3. 
The connection fee assessable against an affordable housing owner, for units previously connected to the Township's system that were demolished or refurbished to allow for new affordable housing units, including affordable housing units in inclusionary projects, shall be the lesser of the reduced rate provided for in subsection g1 of this section, or the current non-reduced rate applicable to other types of housing developments minus the credit provided under subsection g2 of this section for units for which a connection fee or tapping fee was previously paid, provided that said affordable housing owner can establish the connection fee or tapping fee was previously assessed and paid for connection with the system. If the same cannot be established, the reduced rate provided for in subsection g1 of this section shall be assessed.
[Ord. No. 2379-11 § 2]
Prior to the making of the physical connection of a sewer line to the municipal sewer system, there shall be paid a tapping/construction fee of $110 to cover the administrative cost of municipal approval of the proposed connection and the inspection of the construction of the connection by municipal personnel to assure compliance with the Township requirements for such work.
[1967 Code § 7-1-6; Ord. No. 12-28-76 § 1]
The enforcing agency will administer the provisions of the State Uniform Construction Code Ordinance in accordance with N.J.S.A. 52:27D-131.
[1967 Code § 7-1-7; Ord. No. 12-28-76 § 1; Ord. No. 2507-18 § 1]
The enforcing agency will administer the provisions of the State Uniform Construction Code Ordinance in accordance with N.J.S.A. 52:27D-132. Prior to inspection of building framing, a certification, with supporting documentation, signed by a licensed land surveyor registered in the State of New Jersey shall be filed with the Construction Office who shall review same to assure compliance with applicable height restrictions.
[1967 Code § 7-1-8; Ord. No. 12-28-76 § 1; Ord. No. 2507-18 § 2]
The enforcing agency will administer the provisions of the State Uniform Construction Code Ordinance in accordance with N.J.S.A. 52:27D-133. Prior to the issuance of a certificate of occupancy, an as-built survey prepared by a licensed land surveyor registered in the State of New Jersey shall be filed with the Construction Office who shall review same to assure compliance with applicable zoning requirements, including front, rear and side yard setbacks, total lot coverage, building coverage, accessory use coverage and maximum building height.
[1967 Code § 7-1-9; Ord. No. 12-28-76 § 1]
The enforcing agency will administer the provisions of the State Uniform Construction Code Ordinance in accordance with N.J.S.A. 52:27D-135.
[1967 Code § 7-2-7; Ord. No. 12-28-76 § 1]
a. 
Appeals. Appeals shall be taken to the Essex County Construction Board of Appeals in accordance with N.J.S.A. 52:27D-127.
b. 
Stay of proceedings. Neither an appeal to the Essex County Construction Board of Appeals nor a departmental appeal nor an appeal to a court of competent jurisdiction shall automatically stay an order to stop construction issued pursuant to the New Jersey Uniform Construction Code or prevent the seeking of an order in a court of competent jurisdiction to enjoin the violation of a stop-construction order.
[1967 Code § 7-2-8; Ord. No. 12-28-76 § 2]
Penalties will be as provided in N.J.S.A. 52:27D-138.
[1]
Editor's Note: For state law authorizing the Township to repair, close or demolish dwellings unfit for human habitation, see N.J.S.A. 40:48-2.3 to 40:48-2.12.
[1967 Code § 7-4-1; Ord. No. 5-20-63 § 1]
As used in this section:
BUILDING
Shall mean any dwelling or structure or part thereof, whether used for human habitation, use or otherwise. The term shall include any outhouses or appurtenances thereto usually enjoyed therewith.
GOVERNING BODY
Shall mean the Township Committee.
OWNER
Shall mean the holder of title in fee simple.
PARTIES IN INTEREST
Shall mean all persons who have interests of record in a building and any who are in actual possession thereof.
PUBLIC AUTHORITY
Shall mean any housing authority or any officer who is in charge of any Department or branch of the government of the Township, County or State relating to health, fire, building regulations or to other regulations concerning buildings in the Township.
PUBLIC OFFICER
Shall mean the officer authorized by this section to exercise the powers prescribed in this section.
[1967 Code § 7-4-2; Ord. No. 5-20-63 § 1]
The Business Administrator is hereby designated as the public officer to exercise the powers prescribed by this section.
[1967 Code § 7-4-3; Ord. No. 5-20-63 § 1]
No person shall have, keep or maintain a building that is unfit for human habitation, occupancy or use or which is dangerous or injurious to the health or safety of the occupants thereof or the occupants of neighboring buildings or other residents in the Township.
[1967 Code § 7-4-4; Ord. No. 5-20-63 § 1]
Whenever a petition is filed with the Public Officer by a public authority or by at least five residents of the Township charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the Public Officer, on his/her own motion, that any building is unfit for human habitation or occupancy or use, the Public Officer shall, if his/her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner and parties in interest of such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Public Officer or his/her designated agent at a place therein fixed not less than 10 days nor more than 30 days after the service of such complaint. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the time and place fixed in the complaint. The rules of evidence prevailing in the courts shall not be controlling in hearings before the Public Officer.
[1967 Code § 7-4-5; Ord. No. 5-20-63 § 1]
If, after the notice and hearing required by subsection 9-3.4 the Public Officer determines that the building under consideration is unfit for human habitation or occupancy or use, he/she shall state in writing his/her findings of fact in support of such determination, and shall issue and cause to be served upon the owner thereof and the parties in interest an order as follows:
a. 
Requiring the repair, alteration or improvement of the building to be made by the owner within a reasonable time, which time shall be set forth in the order, or at the option of the owner, to vacate or have the building vacated and closed within the time set forth in the order.
b. 
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the building within the time specified in the order, then the owner shall be required to remove or demolish the building within a reasonable time, as specified in the order of removal.
[1967 Code § 7-4-6; Ord. No. 5-20-63 § 1]
If the owner of any dwelling fails to comply with an order to repair, alter or improve, or at the option of the owner, to vacate and close the building, the Public Officer may cause such building to be repaired, altered or improved or to be vacated and closed. The Public Officer also may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
[1967 Code § 7-4-7; Ord. No. 5-20-63 § 1]
If the owner fails to comply with an order to remove or demolish any building under this section, the Public Officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
[1967 Code § 7-4-8; Ord. No. 5-20-63 § 1]
No person shall own, have, keep, maintain or live in any building on which there has been posted a placard as provided in subsection 9-3.6 or remove or cause removal of any such posted placard.
[1967 Code § 7-4-9; Ord. No. 5-20-63 § 1]
The amount of the cost of the filing of legal papers, expert witness fees, sheriff fees and advertising charges incurred in the course of any proceeding before the Public Officer, and the cost of repairs, alterations or improvements, vacating and closing or removal or demolition under this section shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the Public Officer, he/she shall sell the materials of such building and shall credit the proceeds of such sale against the cost of the removal or demolition. Any balance remaining shall be deposited in the Superior Court by the Public Officer, shall be secured in such manner as may be directed by the Court and shall be disbursed according to the order or judgment of the Court to the persons found to be entitled thereto by the final order or judgment of such Court; provided, that nothing in this section shall be construed to impair or limit in any way the power of the Township to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise. Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
[1967 Code § 7-4-10; Ord. No. 5-20-63 § 1]
The Public Officer may determine that a building is unfit for human habitation, occupancy or use if he/she finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the Township. Such conditions may include, without limiting the generality of the following:
a. 
Defects therein increasing the hazard of fire, accident or other calamities.
b. 
Lack of adequate ventilation, light or sanitary facilities.
c. 
Dilapidation, disrepair, structural defects or uncleanliness.
[1967 Code § 7-4-11; Ord. No. 5-20-63 § 1]
Any complaint or order issued by the Public Officer pursuant to the provisions of this section shall be served upon persons either personally or by registered mail, but if the whereabouts of such are unknown and cannot be ascertained by the Public Officer in the exercise of reasonable diligence, the Public Officer shall make an affidavit to that effect, and then the serving of such complaint or order upon such persons may be made by publishing the same each week for two successive weeks in a newspaper published in the Township. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by such order. A copy of such complaint or order shall be duly recorded or lodged for record with the County Recording Officer.
[1967 Code § 7-4-12; Ord. No. 5-20-63 § 1]
The Public Officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including, in addition to the other powers granted in this section, the following:
a. 
To investigate the building conditions in the Township in order to determine which buildings therein are unfit for human habitation, occupancy or use.
b. 
To administer oaths, affirmations, examine witnesses and receive evidence.
c. 
To enter upon premises for the purpose of making examinations; provided that such entrance shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
d. 
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this section.
e. 
To delegate any of his duties and powers under this section to such officers, agents and employees as he/she may delegate.
[1967 Code § 7-4-13; Ord. No. 5-20-63 § 1]
Any repair, alteration, improvement, removal or demolition as provided in this section may be performed by the Township through its proper officers or employees, or the Township may contract with any person to render such services on behalf of the Township under its control and direction and pursuant to specifications showing in detail the service to be rendered, pursuant to rules and regulations adopted by the governing body for the same and upon ample security for proper performance being given to the Township. The procedure to be followed in entering into any such contract shall be in accordance with N.J.S.A. 40:48-5. The Township may recover the cost thereof from the owner by action at law. This section shall be in addition to any other remedy provided for by this section and shall not make void any lien upon real estate provided by this section nor prevent the imposition of any penalty imposed for the violation of this Code or any other ordinance of the Township.
[1967 Code § 7-4-14; Ord. No. 5-20-63 § 1]
Nothing in this section shall be construed to abrogate or impair the powers of the courts of any Department of the Township to enforce any provisions of its Charter, ordinances or regulations, nor to prevent violations thereof. The powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law.
[1967 Code § 7-7-1; Ord. No. 10-81 § 1]
No owner, lessee or occupant of any building or portion thereof in the Township which is open for use or occupancy by the public shall maintain or cause to be maintained such building in such a way that:
a. 
The temperature of any interior portion thereof is allowed to fall below 55° Fahrenheit at any time in which such building or portion thereof is open for use or occupancy by the public.
b. 
Any lavatory or toilet facilities intended for use by the public are in an unsanitary or inoperable condition.
c. 
Any interior or exterior sidewalk, passageway, waiting area or parking lot or any other area in, through or over which the public passes or has access is inadequately illuminated at any time in which any such area or portion thereof is open for use by the public. For purposes of this section, such interior areas shall be deemed to be inadequately illuminated if the footcandle power measures less than five footcandles at a distance of three feet from the floor surface and such exterior areas are inadequately illuminated if the footcandle power measures less than two footcandles at a distance of three feet from the floor surface.
ARTICLE I
DETERMINATION OF ELIGIBILITY FOR PROTECTED TENANCY STATUS
[1967 Code § 8AA-1-1; Ord. No. 11-87 § 1]
Pursuant to the Senior Citizens and Disabled Protected Tenancy Act N.J.S.A. 2A:18-61.22 et seq. (the "Act") and the regulations promulgated by the New Jersey Department of Community Affairs (the "DCA") pursuant thereto, N.J.A.C. 5:24-2.1 et seq. (the "Regulations") the Millburn Township Clerk shall be, and hereby is designated as, the municipal Administrative Officer, who shall assume the duties under this Chapter.
[1967 Code § 8AA-1-2; Or. No. 11-87 § 1]
The following procedures shall apply to any building being converted to the condominium or cooperative form of ownership:
a. 
The owner or sponsor of the building being converted shall supply the Township Clerk with a current tenant list and stamped envelopes addressed to each tenant, each such envelope containing copies of all required notices to be given to such tenants, and all documents required pursuant to N.J.A.C. 5:24-2.9.
b. 
Within 10 days of the receipt of the items set forth above, the Township Clerk shall mail to each tenant the notice and all other forms required by the Act and Regulations and, within two business days of such mailing, shall provide to the owner or sponsor an affidavit that the Township Clerk has mailed the aforesaid items to each tenant.
c. 
A tenant seeking protected tenancy status shall file an application form with the Township Clerk within the sixty-day time period set forth in the Act and Regulations.
d. 
The Township Clerk shall accept all applications timely submitted by the tenants seeking the benefits of the protected tenancy status of the Act.
e. 
Upon written request of the Township Clerk, mailed first class, a tenant seeking protected tenancy status shall supplement the form with such documentation as the Township Clerk shall deem necessary in order to make a determination of eligibility. An application form shall be deemed to be completed when all supplementary documentation required by the Township Clerk has been submitted. Such supplementary documentation may include:
1. 
Copies of income tax returns, including the immediate past year's New Jersey State Income Tax Form.
2. 
Copy of birth certificate or other such valid proof of age.
3. 
Copy of Entitlement to Social Security or SSI Disability Benefits, where applicable.
An application shall be deemed incomplete and shall not be accepted if supplementary documentation is not provided to the Township Clerk within 10 days of request therefor.
f. 
The Township Clerk shall make the determination of eligibility within 30 days after receipt of the completed application.
[1967 Code § 8AA-1-3]
The Township Clerk shall determine each applicant to be eligible, conditionally eligible or ineligible.
a. 
A tenant shall be determined to be eligible only if he or she has established, to the reasonable satisfaction of the Township Clerk, that he or she qualifies as a senior citizen tenant or disabled tenant under the Act and Regulations and meets the income, principal residence and all other requirements established by the Act and Regulations as of the date of application.
b. 
A tenant shall be determined to be conditionally eligible only if he/she has established to the reasonable satisfaction of the Township Clerk that he/she meets all requirements established by the Act as of the date of application, except the two-year principal residency requirement or the sixty-two-year age requirement, or both.
1. 
A conditionally eligible tenant shall automatically become eligible if the conversion recording, as defined in subsection 9-9.30, occurs after the tenant's second anniversary of establishing a principal residence in the building or sixty-second birthday, whichever is later.
2. 
If the conversion recording precedes either such second anniversary of residence or such sixty-second birthday, the tenant shall automatically become ineligible.
3. 
In the event that a tenant is determined to be conditionally eligible, the determination notice sent to the tenant and to the owner shall indicate the date after which the tenant shall be eligible if the conversion recording has not been made.
c. 
Any tenant not determined to be either eligible or conditionally eligible shall be determined to be ineligible.
[1967 Code § 8AA-1-4; Ord. No. 11-87 § 1]
Any tenant determined by the Township Clerk to be eligible or conditionally eligible for protected status pursuant to the Act and Regulations shall be so notified by the Township Clerk by mail deposited within two business days after the eligibility determination has been made. Any tenant who does not qualify for protected status shall be likewise so notified of the determination, and the reasons for ineligibility shall be set forth in such notice. A copy of the notice of determination as to eligibility, conditional eligibility and ineligibility as to each tenant who has applied also shall be mailed at the same time to the owner or sponsor of the plan of conversion.
ARTICLE II
APPEALS
[1967 Code § 8AA-2-1; Ord. No. 11-87 § 1]
The Township Business Administrator shall be, and hereby is designated as, the administrative Hearing Officer who shall assume the duties with respect to appeals filed under this Chapter.
[1967 Code § 8AA-2-2; Ord. No. 11-87 § 1]
The eligibility determination of the Township Clerk may be appealed by any aggrieved person and such appeal shall be determined by the Township Business Administrator, or his/her designee, who shall be a Township official, through an administrative hearing.
a. 
Application for an administrative hearing shall be made in writing to the Business Administrator and mailed within 10 days of receipt by the aggrieved person of the notice of determination. The application shall be accompanied by the administrative hearing fee set forth in subsection 9-9.21.
b. 
The administrative hearing shall be held within 10 days of application therefor, at a time, date and place specified by the Business Administrator, subject to postponement in the Business Administrator's discretion in extenuating circumstances.
c. 
Notice of the hearing shall be given to all known parties in interest who may testify, present evidence and examine adverse witnesses and evidence.
d. 
The hearing shall be before the Business Administrator and a sound recording shall be made.
e. 
Within 10 days after the close of the hearing, the Business Administrator shall issue a final written decision and statement of reason therefor. Pursuant to N.J.A.C. 5:24-2.7(g), any appeal from such final decision shall be to the courts.
ARTICLE III
FEES
[1967 Code § 8AA-3-1; Ord. No. 11-87 § 1]
The owner or sponsor shall submit a fee of $50per each application submitted to the Township Clerk by tenants of the building being converted in the form of a check or money order made payable to the Township of Millburn. Within 10 days after the expiration of the sixty-day application period the Township Clerk shall send a bill to the owner or sponsor based on the number of applications submitted. Payment shall be due to the Township Clerk within 10 days of mailing.
[1967 Code § 8AA-3-2; Ord. No. 11-87 § 1]
Upon application for an administrative hearing, the applicant shall submit a fee of $75 for each application.
ARTICLE IV
FILING OF CONVERSION RECORDING
[1967 Code § 8AA-4-1; Ord. No. 11-87 § 1]
A copy of the conversion recording, defined as the master deed (in the case of a condominium conversion) or the deed to the cooperative corporation (in the case of a cooperative conversion), shall be forwarded to the Township Clerk simultaneously with the filing of the same with the Essex County Register's Office.
[New]
The owner of a condominium which is the subject of a lease shall advise the Township Assessor, in writing, by November 15 of each year as to whether or not the condominium is rented by a qualified Protected Tenant. If the Assessor is not so notified, the unit shall be assessed on the basis that it is not occupied by a qualified Protected Tenant.
ARTICLE V
STATUTORY AUTHORITY/CONSTRUCTION
[1967 Code § 8AA-5-1; Ord. No. 11-87 § 1]
This section shall be subject to, and shall be construed to be consistent with, the provisions of the Act and the Regulations, which are specifically incorporated by reference into this section.
[1]
Editor's Note: See also Property Maintenance for Rental Dwellings, Section 10-4.
[Ord. No. 21-75 § 1]
This section shall be known as "The Housing Code of the Township of Millburn" and may be referred to as "The Housing Code."
[Ord. No. 21-75 § 2]
It is hereby found and declared that there exists in the Township structures which are, or may become, unfit for human habitation or occupancy, or use, due to dilapidation, defects increasing the hazards of fire, accidents or calamities, lack of ventilation, light or sanitation facilities, or due to other conditions rendering such structures or part thereof, unsafe or unsanitary, or dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of the Township. It is further found and declared that, by reason of lack of maintenance and progressive deterioration, the condition of certain properties has the further effect of creating blighting conditions and initiating slums; and that by reason of timely regulations and restrictions as herein contained, the growth of slums and blight may be prevented and neighborhood and property values thereby maintained, the desirability and amenities of dwellings and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
[Ord. No. 21-75 § 3]
The purpose of this Housing Code is to protect the public health, safety, morals and welfare by establishing minimum standards governing the conditions of occupancy and maintenance of rented dwellings, rented dwelling units, lodging houses and lodging units; to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make the aforesaid facilities fit for human habitation; to fix certain responsibilities and duties upon owners and distinct and separate responsibilities and duties upon occupants of the aforesaid facilities; to authorize and establish procedures for the inspection of such facilities; to fix penalties for the violation of this Code. This Housing Code is hereby declared to be remedial and essential for the public interest and it is intended that this Housing Code be liberally construed to effectuate the purposes as stated herein.
[Ord. No. 21-75 § 4]
a. 
Every rented dwelling space and the premises in which it is situated in the Township, used or designed for human habitation, shall comply with the provisions of this section, whether or not such building or buildings shall have been constructed, altered or repaired before or after the enactment of this Housing Code and irrespective of any permits or licenses which shall have been used for the use or occupancy of the building or premises or for the construction or repair of the building or for the installation or repair of equipment of facilities prior to the effective date of this Housing Code. This Housing Code establishes minimum standards for the initial and continued occupancy of all rented buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein except as provided in subsection 9-11.4b.
b. 
In any case where the provisions of this Housing Code impose a higher standard than that set forth in any other ordinance of the Township or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail, but if the provisions of this Housing Code impose a lower standard than any other ordinance of the Township or the laws of the State of New Jersey, then the higher standard contained in any other such ordinance or law shall prevail.
c. 
After the date of enactment hereof, all licenses and permits thereof shall, where this Housing Code is applicable, be issued upon compliance with this Housing Code as well as compliance with the ordinance under which such licenses and permits are granted.
d. 
No license or permit or other certification of compliance with this Housing Code shall constitute a defense against any violation of any other ordinance of the Township applicable to any structure or premises, nor shall any provision herein relieve any owner or occupant from complying with any such other provision nor any official of the Township from enforcing any such other provision.
[Ord. No. 21-75 § 5]
a. 
No person shall rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which does not conform to the provisions of subsection 9-11.7 established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
b. 
Every owner and occupant shall comply with the respective duties and responsibilities applicable to each which are set forth in subsection 9-11.7.
c. 
Owners and operators shall not be held responsible for violation of subsection 9-11.7 when that part of the building is in the exclusive possession of an occupant or where the responsibility has been placed on the occupant by a lease agreement, or where the violator is alleged to be other than the owner or operator.
[Ord. No. 21-75 § 6]
a. 
Enforcement. The Health Officer is hereby designated as the Officer to exercise the powers prescribed by this Housing Code and he/she shall serve in such capacity without an additional salary. He/she may appoint or designate such other public officials or employees of the Township to perform such duties as may be necessary for the enforcement of the Housing Code, including the making of inspections.
b. 
Inspections. The Health Officer is hereby authorized and directed to make, or cause to be made, inspections to determine the condition of rented dwellings, rented dwelling units, lodging houses and lodging units and premises located within the Township in order that he/she may perform his/her duty of safeguarding the health and safety of the occupants of rented dwellings and of the general public. For the purpose of making such inspections the Health Officer is hereby authorized to enter, examine and survey at all reasonable times, all rented dwellings, rented dwelling units, lodging houses, lodging units and premises. The owner or occupant of the same, or the person in charge thereof, shall give the Health Officer free access to such facilities and premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a rented dwelling, rented dwelling unit, lodging house or lodging unit shall give the owner thereof, or his/her agent or employee, access to any part of such facility, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section.
c. 
Violations of Housing Code. Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this section, or of any rule or regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall (i) be put in writing; (ii) include a statement of the reasons why it is being issued; (iii) allow a reasonable time for the performance of any act it requires; and (iv) be served upon the owner or his/her agent, or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him/her personally or if a copy thereof is sent by registered mail to his/her last known address; or if a copy thereof is posted in a conspicuous place in or about the rented dwelling affected by the notice; or if he/she is served with such notice by any other method authorized or required under the laws of this State. Such notice may contain an outline of remedial action which, if taken, will affect compliance with the provisions of this section and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section, or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Business Administrator, provided such person shall file in the office of the Business Administrator, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition the Business Administrator shall set a time and place for such hearing and shall give the petitioner a written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed; provided that upon application of the petitioner the Business Administrator may postpone the date of the hearing for a reasonable time beyond such ten-day period, if in his/her judgment the petitioner has submitted a good and sufficient reason for such postponement. After such hearing the Business Administrator shall sustain, modify, or withdraw the notice, depending upon his/her findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with. If the Business Administrator sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Business Administrator within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Business Administrator shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Business Administrator. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Business Administrator may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State. Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the public health, or safety, he/she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he/she deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Business Administrator shall be afforded a hearing as soon as possible. After such hearing, depending upon his/her findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with, the Business Administrator shall continue such order in effect, or modify it, or revoke it.
d. 
Rules and Regulations for Enforcement. The Health Officer is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this Housing Code including the following in addition to others herein granted, to make and adopt such written rules and regulations as he/she may deem necessary, and the Township Committee approves by resolution, for the proper enforcement of the provisions of this Housing Code; provided, however, that such rules and regulations shall not be in conflict with the provisions of this Housing Code, nor in anywise alter, amend or supersede any of the provisions thereof. The Health Officer shall file a certified copy of all such rules and regulations in his/her office and in the office of the Township Clerk.
[Ord. No. 21-75 § 7]
The provisions of this section shall constitute the standards to guide the Health Officer or his/her agents in determining the fitness of a building for human habitation, use or occupancy.
a. 
Definitions. The words, terms or phrases listed below for the purpose of this Housing Code shall be defined and interpreted as follows:
ADMINISTRATIVE AUTHORITY
Shall mean the Department branch or agency of this Township which is authorized by the adopting ordinance to administer the provisions of this Housing Code.
BUILDING
Shall mean any building or structure, or part thereof, used for human habitation, use or occupancy and includes any accessory buildings and appurtenances belonging thereat or usually enjoyed therewith.
DWELLING
Shall mean a building or structure or part thereof containing one or more rented dwelling units or lodging units.
RENTED DWELLING UNIT
Shall mean any room or group of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are used, or designed to be used, for living, sleeping, cooking and eating.
GARBAGE
Shall mean the animal and vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM
Shall mean a room or enclosed floor space within a rented dwelling unit used or designed to be used for living, sleeping, cooking or eating purposes, excluding basement recreation rooms, bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.
INFESTATIONS
Shall mean the presence, within or around a building, of any insects, rodents or other pests.
LODGING HOUSE
Shall mean any building, or that part of any building containing one or more lodging units, each of which is rented by one or more persons not related to the owner.
LODGING UNIT
Shall mean a rented room or group of rooms, containing no cooking facilities, used for living purposes by a separate family or group of persons living together or by a person living alone, within a building.
OCCUPANT
Shall mean any person or persons in actual possession of, and living in the building or rented dwelling unit, including the owner.
OFFICER
Shall mean the officer or officers who are authorized by this section to exercise powers prescribed by this Housing Code.
OWNER
Shall mean any person properly authorized to exercise the powers of, or for, an owner of property for purposes of its purchase, sale, occupancy or maintenance.
PERSON
Shall be given the same meaning as defined in N.J.S.A. 1:1-2.
PLUMBING FIXTURES
Shall mean and include all installed receptacles or devices which are supplied with water or which receive or discharge liquid waste or sewage into the drainage system with which they are directly or indirectly connected.
RUBBISH
Shall mean and include all combustible and noncombustible waste material, except garbage.
UTILITIES
Shall mean and include electric, gas, heating, water and sewerage services, and equipment therefor.
b. 
Water Supply.
1. 
Every rented dwelling unit and lodging house shall be provided with a safe supply of potable water meeting the standards as set forth in "Potable Water Standards" as published by the New Jersey State Department of Health.
2. 
The source of such water supply shall be approved by the New Jersey State Department of Health and/or the Township Board of Health.
3. 
The minimum rate of flow of hot or cold water issuing from a faucet or fixture shall be not less than one gallon per minute.
c. 
Facilities.
1. 
Every rented dwelling unit shall contain a kitchen sink of nonabsorbent impervious material, at least one flush-type water closet, a lavatory, and a bathtub or shower, available only for the use of the occupants of that dwelling unit.
2. 
Every lodging house shall be provided with a minimum of one flush-type water closet, lavatory, and a bathtub or shower for every eight persons or part thereof.
3. 
Every water closet, lavatory, and bathtub or shower for each rented dwelling unit or lodging house shall be accessible from within the building without passing through any part of any other rented dwelling unit or lodging unit and in a lodging house shall be located no farther than one floor above or below the lodging units served. Such water closet, lavatory and bathtub or shower shall be contained in a room or rooms which are separated from all other rooms by walls or doors that afford privacy.
4. 
Every plumbing fixture shall be connected to water and sewer systems approved by the Board of Health, and shall be maintained in good working condition.
5. 
Every kitchen sink, lavatory, and bathtub or shower required by this Housing Code shall be connected to both hot and cold water lines.
6. 
Every rented dwelling shall have water heating facilities which are installed and maintained in good and safe working condition, connected with the hot water lines required under the provisions of paragraph c5 (above) of this Housing Code and capable of delivering water at a minimum temperature of not less than 120° Fahrenheit.
d. 
Garbage and Rubbish Storage and Disposal.
1. 
Garbage or other organic waste shall be stored in watertight receptacles of metal or other approved material. Such receptacles shall be provided with tight-fitting covers. Adequate garbage receptacles shall be provided for each rented dwelling unit, in accordance with paragraph k9 of this subsection.
2. 
Rubbish shall be stored in receptacles of metal or other approved material. Adequate rubbish receptacles shall be provided for each rental unit in accordance with paragraph k9 of this subsection.
e. 
Lighting.
1. 
Every rented habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window or skylight area measured between stops, for every rented habitable room shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window of any rented habitable room and are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be included in calculating the required minimum total window area.
2. 
Every rented dwelling shall be provided with an electric service.
3. 
Every rented habitable room shall contain at least two separate wall type electric convenience outlets, or one such convenience outlet and one ceiling or wall type electric light fixture. Every such outlet and fixture shall be maintained in good and safe condition, and shall be connected to the source of electric power. No temporary wiring shall be used except extension cords which run directly from portable electrical fixtures to convenience outlets, and which do not lie under rugs or other floor coverings, nor extend through doorways, transoms, or other openings through structural elements.
4. 
Every portion of each staircase (other than an exterior cellar staircase) hall, cellar, basement, landing, furnace room, utility room, and all similar uninhabitable space located in a rented dwelling shall have either natural or artificial light available at all times, with an illumination of at least two lumens per square foot (2 footcandles) in the darkest portions.
5. 
Every portion of any interior or exterior passageway or staircase common to two or more families in a rented dwelling shall be illuminated naturally or artificially at all times with an illumination of at least two lumens per square foot (2 footcandles) in the darkest portion of the normally traveled stairs and passageways. In rented dwellings comprising two dwelling units, such illumination shall not be required at all times if separate switches, convenient and readily accessible to each dwelling unit, are provided for the control of such artificial light by the occupants thereof.
6. 
Every bathroom and water closet compartment shall have either natural or artificial light available at all times with an illumination of at least two lumens per square foot (2 footcandles). Such light shall be measured 36 inches from the floor of the center of the room. Artificial lighting shall be controlled by a wall switch so located as to avoid danger of electrical hazards.
f. 
Ventilation.
1. 
Means of ventilation shall be provided for every rented habitable room. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 45% of the minimum window area or minimum skylight area as required in paragraph e1 of this subsection, or by other means acceptable to the Administrative Authority, which will provide at least two air changes per hour.
2. 
Means of ventilation shall be provided for every rented basement recreation room, bathroom and water closet compartment. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 45% of the minimum window area or minimum skylight area as required in paragraph f1 of this subsection, which will provide at least six air changes per hour, or by other means acceptable to the Administrative Authority.
g. 
Heating Equipment.
1. 
Every rented dwelling shall have heating facilities which are properly installed, maintained in good and safe working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments located and in use therein to a temperature of at least 68° Fahrenheit when the outside temperature is 0° Fahrenheit. The temperature shall be read at a height of three feet above floor level at the center of the room.
2. 
Every space heater and water heater, except electrical, shall be properly vented to a chimney or duct leading to the outdoors. Portable space heaters, except electrical, shall be prohibited.
h. 
Egress.
1. 
Every rented dwelling, or rented dwelling unit, or lodging unit shall have safe and unobstructed means of egress. Such means of egress shall not be through any other dwelling unit or part thereof and shall lead to a safe and open space at ground level accessible to a street.
2. 
A rented room used for sleeping purposes under the provisions of paragraph j5 of this subsection shall be provided with a safe and unobstructed means of egress leading directly to an outside area accessible to a street.
i. 
Maintenance.
1. 
Every foundation, floor, wall, ceiling, door, window, roof, or other part of a rented building shall be kept in good repair and capable of the use intended by its design, and any exterior part or parts thereof subject to corrosion or deterioration shall be kept well painted or otherwise provided with a protective treatment sufficient to prevent deterioration.
2. 
Every inside and outside stairway, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair. In a rented dwelling containing lodging units or more than one dwelling unit, every stairway having three or more steps shall be properly bannistered and safely balustraded.
3. 
In a rented building containing lodging units or more than one dwelling unit, every porch, balcony, roof and/or similar place higher than 30 inches above the ground, used for egress or for use by occupants, shall be provided with adequate railings or parapets. Such protective railings or parapets shall be properly balustraded and be not less than three feet in height.
4. 
Every roof, wall, window, exterior door and hatchway shall be free from holes or leaks that would permit the entrance of water within a dwelling or be a cause of dampness.
5. 
Every foundation, floor, and wall of a rented dwelling shall be maintained so as to prevent the collection of water.
6. 
Every rented dwelling shall be free from rodents, vermin and insects. Rodent or vermin extermination and rodent-proofing and vermin-proofing may be required by the Board of Health. Rodent and vermin extermination shall be carried out in accordance with paragraph k11 of this subsection. Every openable window, exterior door, skylight, and other opening to the outdoors, which is used for ventilation, shall be supplied with properly fitting screens in good repair from May 1 until October 1 of each year. Such screen shall have a mesh of not less than No. 16.
7. 
Every rented building, rented dwelling, rented dwelling unit and all other areas of the premises shall be clean and free from garbage or rubbish and hazards to safety. Lawns, hedges and shrubbery shall be kept trimmed and shall not be permitted to become overgrown and unsightly. Fences shall be kept in good repair.
8. 
The Officer may order the owner to clean, repair, paint, whitewash, or paper such walls, floors or ceilings, when a wall, floor or ceiling within a rented dwelling has deteriorated so as to provide a harborage for rodents or vermin, or the plaster, wallboard, or other covering has become loose or badly cracked or missing. Nothing in this subsection shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in paragraph k6 of this subsection.
9. 
Every water closet compartment floor and bathroom floor shall be so constructed and maintained as to be reasonably impervious to water so as to permit such floor to be kept in a clean condition.
10. 
No temporary painting scaffold or other temporary equipment used for construction shall be permitted to remain in place beyond the period of three months without permission of the Administrative Authority.
j. 
Use and Occupancy of Space.
1. 
Every rented dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.
2. 
In every rented dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof. Notwithstanding the foregoing, in every lodging unit, every room occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 60)square feet of floor space for each occupant thereof.
3. 
At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
4. 
No room in a rented dwelling may be used for sleeping if the floor level of the room is lower than 3 1/2 feet below the average grade of the ground adjacent to and within 15 feet of the exterior walls of the room.
5. 
A rented room located below the level of the ground but with the floor level less than 3 1/2 feet below the average grade of the ground adjacent to and within 15 feet of the exterior walls of the room may be used for sleeping provided that the walls and floor thereof in contact with the earth have been damp-proofed in accordance with a method approved by the Administrative Authority; and provided that the windows thereof are at least 15 feet from the nearest building or wall.
k. 
Responsibilities of Owners and Occupants.
1. 
No owner or occupant shall cause any services, facilities, equipment or utilities which are required under this Housing Code to be removed from, shut off, or discontinued in any occupied rented dwelling let or occupied by him/her except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies when discontinuance of service is authorized by the Officer. In the event that any service or utility, which the owner has agreed to supply, is discontinued, the owner shall take immediate steps to cause the prompt restoration of such service or utility.
2. 
The owner of a rented dwelling located in an area found by the Officer to be infested by rats, insects, or other vermin shall carry out such rat stoppage, vermin-proofing or other means of preventing infestations of the rented dwellings as may be required by the Board of Health.
3. 
No owner shall let to an occupant any vacant dwelling unit or lodging unit unless it is clean and sanitary.
4. 
Every owner of a rented dwelling containing two or more dwelling units or lodging units shall be responsible for maintaining in a clean and sanitary condition the common areas of the dwellings and premises thereof.
5. 
It shall be the responsibility of the owner, unless otherwise provided for under lease agreement, to provide for the orderly maintenance of the premises. The storage of objects or materials not covered in paragraphs k7 and k8 of this subsection, or not otherwise prohibited by municipal ordinance shall be done in an orderly manner so as not to constitute a health, safety, or fire hazard.
6. 
Every occupant of a rented dwelling shall keep in a clean and sanitary condition that part of the dwelling which he/she occupies and controls.
7. 
Every occupant of a rented dwelling unit shall as required by paragraph d of this subsection, dispose of all his/her garbage and any other organic waste which might provide food for rodents.
8. 
Every occupant of a rented dwelling unit shall dispose of all of his/her rubbish in a clean, sanitary manner as required by paragraph d of this subsection.
9. 
In rented dwellings containing no more than three dwelling units, it shall be the responsibility of the occupant of each dwelling unit to furnish such receptacles outside the rented dwelling unit as are needed for the storage of garbage and rubbish until removed from the premises. In lodging houses and in rented dwellings containing four or more dwelling units, it shall be the responsibility of the owner to furnish such receptacles outside the lodging units or dwelling units as are needed for the storage of garbage and rubbish until removed from the premises.
10. 
Every occupant of a rented dwelling unit in a dwelling containing no more than three dwelling units shall be responsible, unless provided for otherwise under a lease agreement, for the periodic removal of all garbage and rubbish from the premises in accordance with such regulations of this Township for the collection of garbage and rubbish.
11. 
Every occupant of a rented dwelling comprising a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises and every occupant of a rented dwelling unit in a rented dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this paragraph, whenever infestation is caused by failure of the owner to maintain a rental dwelling in a rat-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the rented dwelling units in any rental dwelling or in the common parts of any dwelling containing two or more rented dwelling units, extermination thereof shall be the responsibility of the owner.
12. 
Every occupant of a rented dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
13. 
In rented dwellings containing two or more dwelling units having a common source of heat for domestic hot water, it shall be the responsibility of the owner to make provision for the proper operation of such facilities at all times.
14. 
Every owner of a rented dwelling, who permits to be occupied any dwelling unit or lodging unit therein under any agreement, expressed or implied, to supply or furnish heat to the occupants thereof, shall supply heat adequate to maintain therein a minimum inside temperature of 68° Fahrenheit in all habitable rooms, bathrooms and water closet compartments between the hours of 6:00 a.m. and 11:00 p.m. throughout the year.
15. 
In the absence of a contract or agreement to the contrary, an owner shall be obliged to provide heat wherever heating facilities are under the control of the owner or whenever two or more dwelling units or lodging units are heated by a common facility.
16. 
The owner shall be responsible for compliance with all provisions of this Housing Code not specified as the responsibility of occupants.
[Added 4-2-2024 by Ord. No. 2664-24]
[Added 4-2-2024 by Ord. No. 2664-24]
The following definitions shall apply to this section.
COMMON INTEREST COMMUNITY
A real estate development or neighborhood in which the property is burdened by servitudes requiring property owners to contribute to maintenance of commonly held property or to pay dues or assessments to an owners' association that provides services or facilities to the community.
DUST WIPE SAMPLING
A sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development.
LEAD INSPECTOR
A person certified by the Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17-1.1 et seq. This includes the ability to perform dust wipe sampling.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated dust or lead-contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects.
LEAD-FREE CERTIFICATION
A certification which confirms that a lead-based paint inspection was performed and that no lead-based paint exists in the dwelling unit or that all lead-based paint hazards have been fully abated.
LEAD-SAFE CERTIFICATION
A certification which confirms that a lead-based paint inspection was performed and no lead-based paint hazards were found. This certification is valid for two years from the date of issuance.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
VISUAL ASSESSOR
A person that is certified to perform a visual assessment.
[Added 4-2-2024 by Ord. No. 2664-24]
a. 
A lead inspector for the Township of Millburn shall inspect every single-family, two-family, and multiple rental dwelling located within the Township of Millburn for lead-based paint hazards through visual assessment and dust wipe sampling in accordance with N.J.S.A. 52:27D-437.16 et seq., as may be amended from time to time.
b. 
The property owner or landlord may, in lieu of having the dwelling inspected by the Township's lead inspector, directly hire a private lead inspector who is certified to provide lead paint inspection services by the Department of Community Affairs to perform the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.16 et seq., as may be amended from time to time.
c. 
In accordance with N.J.S.A. 52:27D-437.16(c), a dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead- based paint hazards if the unit:
1. 
Has been certified to be free of lead-based paint;
2. 
Was constructed during or after 1978;
3. 
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law; (See N.J.S.A. 55:13A-l et seq.)
4. 
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or
5. 
Has a valid lead-safe certification.
d. 
If lead-based paint hazards are identified, then the owner of the dwelling shall remediate the hazards through abatement or lead-based paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d). Upon the remediation of the lead-based paint hazard, the Township's lead inspector or visual assessor, as may be applicable, or the owner's private lead inspector, shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
e. 
If no lead-based paint hazards are identified, then the Township's lead inspector or the owner's private lead inspector shall certify the dwelling as lead safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years.
f. 
In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall:
1. 
Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Township of Millburn at the time of the cyclical inspection.
2. 
Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease.
3. 
Maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants if the inspection was conducted during a period of tenancy.
g. 
The fees for a lead-based paint inspection shall be as follows:
1. 
The fee for a visual assessment by the Township of Millburn shall be $250-$500 per unit as established by resolution or as prescribed by the Township's chosen professional to perform such services.
2. 
The fee for the filing of a lead-safe certification of lead-free certification shall be $25.
3. 
In a common interest community, any inspection fee charged shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
4. 
In accordance with N.J.S.A. 52:27D-43.176(h), an additional fee of $20 per dwelling unit inspected by the Township's lead inspector or the owner's private lead inspector shall be assessed for the purposes of the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.1 et, seq.) unless the unit owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20. The fees collected pursuant to this subsection shall be deposited into the Lead Hazard Control Assistance Fund.
5. 
The fee for reinspection or clearance shall be $295 per unit
[Added 4-2-2024 by Ord. No. 2664-24]
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of subsection 9-12.3d and f shall be as follows:
a. 
If a property owner has failed to conduct the required inspection or initiate any remediation efforts, the owner shall be given 30 days to cure the violation.
b. 
If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.