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Township of Chatham, NJ
Morris County
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Table of Contents
Table of Contents
[Ord. No. 14-76 § 1; Ord. No. 97-009; Ord. No. 2000-27 § 1]
The purpose of this chapter is to implement the provisions of the State Uniform Construction Code Act, Chapter 217 of the Laws of 1975 (hereinafter referred to as the "Act") and regulations for the New Jersey Uniform Construction Code promulgated by the Commissioner of the Department of Community Affairs pursuant to the Act and appearing in Title 5, Chapter 23 of the New Jersey Administrative Code (hereinafter referred to as the "Regulations"). References to the Act and Regulations shall include any amendments and supplements hereafter made.
[Ord. No. 14-76 § 2; Ord. No. 97-009]
a. 
There is hereby established in the Township a State Uniform Construction Code Enforcing Agency to be known as the Township Building Department, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and such other subcode officials for such additional subcodes as may be promulgated under the Act. The Construction Official shall be the Chief Administrator of the Enforcing Agency.
b. 
Each official position created by Subsection a hereof shall be filled by appointment by the Township Committee of a person qualified for such position pursuant to the Act and Regulations, provided that in lieu of the appointment of any particular subcode official compliance with the subcode may be enforced through an inspection authority approved by the State of New Jersey. More than one such official position may be held by the same person, provided that such person is qualified pursuant to the Act and Regulations.
c. 
The public shall have the right to do business with the Enforcing Agency at one office location except for emergencies or unforeseen or unavoidable circumstances.
[Ord. No. 14-76 § 3; Ord. No. 76-119 §§ 1, 2; Ord. No. 17-79 §§ 1, 2; Ord. No. 24-79 § 1; Ord. No. 32-79 § 1; Ord. No. 7-80 § 1; Ord. No. 3-82 § 1-7; Ord. No. 7-82 § 1; Ord. No. 18-83 § 1; Ord. No. 12-84 § 1; Ord. No. 28-87 § 1; Ord. No. 21-89 § 1; Ord. No. 29-90 § 1; Ord. No. 97-009; Ord. No. 97-021; Ord. No. 99-038 § 1; Ord. No. 2000-007 §§ 1 - 4; Ord. No. 2001-006 § 1; Ord. No. 2001-014 § 1; Ord. No. 2002-002 § 1; Ord. No. 2004-006 § 1; Ord. No. 2007-13 § 1; Ord. No. 2010-16; Ord. No. 2011-07 § 1; Ord. No. 2012-01 §§ 1, 2; Ord. No. 2014-02; Ord. No. 2015-13 §§ 1 - 3]
The following fees are hereby established:
a. 
Building Subcode Fees.
1. 
For new construction $0.058 per cubic foot of building or structure volume, provided that the minimum fee shall be $75.
2. 
For renovations, alterations and repairs up to a value of $30,000, the fee shall be $29 per $1,000 of estimated work, provided that the minimum fee shall be $75. For renovations, alterations and repairs with a value of over $30,000, the fee shall be an additional $16 per thousand dollars for that portion over $30,000.
3. 
For additions: $0.058 per cubic foot for the first 5,000 cubic feet of building or structure volume and $0.048 per cubic foot for the added portion in excess of 5,000 cubic feet, provided that the minimum fee shall be $75.
4. 
For combinations of renovations and additions, the fee shall be the sum of the fees computed separately for renovations and additions.
5. 
For construction of a tennis court, paddle tennis court, a fee of $300 per facility.
6. 
For new construction of large volume buildings, $0.036 per cubic foot of a building or structure or volume, provided that the minimum fee shall be $75.
7. 
The fee for a permit for the removal of a building or structure from one lot to another or to a new location on the same lot shall be $20 per $1,000 of the sum of the estimated costs for moving, for new foundations and for the placement in a completed condition in a new location, provided that the minimum fee shall be $300.
8. 
Fees for the following types of projects shall be established by flat fee:
(a) 
Reroofing of a single-family dwelling or accessory building: $110.
(b) 
Reroofing of a commercial building: $300.
(c) 
Re-siding of a commercial building: $300.
(d) 
Residing of a single-family dwelling or accessory building: $110.
(e) 
For construction of an unclassified structure, including but not limited to tents (greater than 16,800 square feet in area and greater than 140 feet in any dimension), towers, sheds and temporary trailers, including issuance of a certificate of occupancy or approval: $70.
(f) 
Lead hazard abatement: administrative fee of $140, with an administrative fee of $28 for a lead abatement clearance certificate.
(g) 
Radon hazard abatement: $75 plus any applicable electrical permit fees.
(h) 
Asbestos hazard abatement: administrative fee of $106, with an administrative fee of $21 for certificate of occupancy. (Per N.J.A.C. 5:23-8.9).
9. 
Demolition:
(a) 
Any building or structure, except as set forth in Subsection (b) below: $400.
(b) 
Unclassified structures, oil/fuel tank removal or abandonment, pools and accessory structures: $140.
(c) 
Fees for partial demolition in anticipation of construction shall be calculated as an alteration.
10. 
For a permit to erect a sign:
(a) 
Permanent: $50.
(b) 
Temporary: $50.
11. 
Swimming pools:
(a) 
For aboveground pools, including the issuance of a certificate of approval: $100.
(b) 
For inground pool, including the issuance of a certificate of approval: $300.
(c) 
Public swimming pools, spas and hot tubs, except for one- or two-family residential property, electrical inspection to include issuance of certificate of compliance: $150 annually.
12. 
Application for a variation in accordance with N.J.A.C. 5.23-2.10:
(a) 
Use Groups R-3 and R-5: $100.
(b) 
For all other use groups: $250.
13. 
Retaining walls: $150.
14. 
Satellite antenna receiver with foundation: $500.
15. 
There shall be an additional fee of $50 per hour for each subcode official who reviews any amendment or change to a plan that has already been released for permit by the Department.
16. 
Permit update for the change of a contractor/owner: $50.
17. 
For installation of solar photovoltaic systems, the fee shall be $29 per $1,000 of the building cost for installing the footings and support structures, up to a value of $30,000, provided that the minimum fee shall be $75.
For installation of solar photovoltaic systems, the fee shall be $16 per $1,000 of the building cost for installing the footings and support structures, with a value of over $30,000, provided that the minimum fee shall be $75.
b. 
Plumbing Subcode Fees.
1. 
For projects involving between plumbing fixtures, devices or plumbing stacks: $22 per item.
2. 
The following fees shall be based on a "per unit" basis.
(a) 
In use groups R-3 and R-5 the fee for each of each new or replacement solid fuel burning or fuel fired appliance, gas fireplace or gas appliance, fuel oil piping, gas piping, boiler, whirlpool, furnace or hot water heater, HVAC unit, sewer pump, septic pump, sump pump, in a new or existing residential building, the fee shall be $90 per appliance.
(b) 
For the installation of each new or replacement solid fuel burning or fuel fired appliance, gas fireplace or gas appliance, fuel oil piping, furnace, or hot water heater in a new or existing commercial building: $90 per appliance.
(c) 
Grease traps, oil separators, refrigeration units service connections, backflow preventers equipped with test ports (double check valve assembly, reduces pressure zone and pressure vacuum breaker backflow preventers), steam boilers, hot water boilers (excluding those for domestic water heating), HVAC units, active solar systems, sewer pumps and interceptors in all use groups except R-3 and R-5: $95 per item.
(d) 
Radiant floor heat: $50. Water utility connection, sewer utility connection, septic abandonment: $95.
(e) 
For installation of a chimney lining system, the fee shall be a minimum fee of $30, unless the installation occurs at time of heating appliance replacement for which the fee shall be $15.
[Ord. No. 2015-13]
(f) 
For the installation of duct work for a new air-conditioning system in an existing house, the fee shall be $65.
[Ord. No. 2015-13]
c. 
Electrical Subcode Fees.
1. 
Receptacles and fixtures, including, without limitation, lighting outlets, wall switches, fluorescent fixtures, convenience receptacles, smoke and heat detectors or similar fixtures, communication points and motors or devices of 1 hp or 1 kW or less:
(a) 
Receptacles and fixtures: $65.
(b) 
Each increment of 25 additional items: $25.
2. 
All motors (except for plug-in appliances), including, without limitation, control equipment, transformers, generators, AC units and all heating, cooking or other devices consuming or generating electrical current:
(a) 
Each motor or electrical device greater than 1 hp and less than or equal to 10 hp; and for transformers and generators greater than 1 kW and less than or equal to 10 kW: $22.
(b) 
Each motor or electrical device greater than 10 hp and less than or equal to 50 hp; for each service panel, service entrance or subpanel less than or equal to 200 amperes; and for all transformers and generators greater than 10 kW and less than or equal to 45 kW: $65.
(c) 
Each motor or electrical device greater than 50 hp and less than or equal to 100 hp; for each service panel, service entrance or sub panel greater than 200 amperes and less than or equal to 1,000 amperes; and for transformers and generators greater than 45 kW and less than or equal to 112.5 kW: $135.
(d) 
Each motor or electrical device greater than 100 hp; for each service panel, service entrance or sub panel greater than 1,000 amperes, and for each transformer or generator greater than 112.5 kW: $665.
3. 
For solar photovoltaic systems, the fee shall be based on the designated kilowatt rating of the solar photovoltaic system as follows:
One to 50 kW, the fee shall be $150.
Greater than 50 kW to 100 kW, the fee shall be $250.
Greater than 100 kW, the fee shall be $576.
d. 
Fire Subcode Fees.
1. 
For the installation of sprinklers, the fee shall be based upon the number of sprinkler heads being installed:
1 to 20 heads
$95
21 to 100
$175
101 to 200
$330
201 to 400
$850
401 to 1,000
$1,160
2. 
For the installation of standpipes per standpipe: $320.
3. 
For the installation of each solid fuel burning or fuel fired appliance and gas fireplace in a new residential building, the fee shall be $65 per appliance.
[Ord. No. 2015-13]
4. 
For the installation of each solid fuel burning or fuel fired appliance and gas fireplace (new or replacement) in a new or existing commercial building, the fee shall be $150 per appliance, provided that the fee for hot water heater replacement shall be $65.
5. 
For the installation of underground/aboveground tanks in residential buildings, the fee shall be $140.
6. 
Fuel Tanks:
(a) 
For the abandonment/removal of fuel tanks, in existing commercial occupancies:
500 to 2,000 gal. capacity:
$140
2,001 gal. capacity and up:
$400
(b) 
For the installation of oil or gas aboveground 500 gal. capacity tanks, in existing/new commercial occupancies: $225.
7. 
(Reserved)
[Ord. No. 2015-13]
8. 
For smoke detectors or heat detectors, the fee shall be based upon the number of devices being installed.
1 to 20 smoke detectors
$75
21 to 50
$200
51 to over
$300
9. 
For the installation of commercial kitchen hood and exhaust systems: $150.
10. 
For the installation of special fire suppression systems, wet-chemical, dry chemical, Halon replacement: $150.
11. 
In addition to the fees in 1 through 10 above, and 12 below, for the Use Groups A, E, M, S, F, B, H, I, R2 and attached R3 dwellings, the fire protection subcode fee shall be 10% of the building subcode fee.
12. 
Supervisory and signaling devices: $25 each.
e. 
The fee for the construction permit shall be the sum of the subcode fees listed, provided that the minimum permit fee for a basic construction permit for any or all of electrical, plumbing or fire protection work shall be $75.
f. 
The fee for plan review shall be 20% of the amount to be charged for the construction permit.
g. 
The fee for a certificate of occupancy shall be as follows:
1. 
New residential dwelling use: $300.
2. 
Residential use - condominium/townhouse: $200.
3. 
Addition to existing residential use: $85.
4. 
New commercial, industrial or apartment use: $400.
5. 
Addition to existing commercial (4A), industrial (4B) or apartment (4C) use: $200.
6. 
Continued certificate of occupancy (N.J.A.C. 5:23-2.23(e)): $200.
7. 
Clearance for lead abatement: $28.
8. 
Clearance for asbestos removal: $21.
9. 
First issuance and the renewal of a temporary certificate of occupancy: $30, except that there shall be no fee for the first issuance of the temporary certificate of occupancy provided the certificate of occupancy fee is paid at the time.
h. 
Miscellaneous Fees.
1. 
Zoning permit: $75.
2. 
Permit holders requesting special inspections from any subcode official or inspector at other than posted scheduled days or times must pay $75 per hour with a three hour minimum. Special inspections may only be scheduled with the consent of each individual inspector or subcode official required. Inspectors and/or subcode officials may refuse to perform special inspections.
3. 
Replacement inspectors and/or subcode officials while the regular Township inspector and/or subcode official is on vacation, sick or personal leave: $150 per day.
4. 
To provide for the training, certification and technical support required by the Unified Construction Code Act and the Regulations, in accordance with N.J.A.C. 5:23-4.19, the Enforcing Agency shall collect, in addition to the fees specified above, a surcharge fee to be based on the volume of the new construction or addition and/or the estimated value of the construction, alteration or repair or a combination of the two as set forth, except as specified in N.J.A.C. 5:23-4.19(b) 1-5.
5. 
Construction Records Clearance Certificate - $40.
i. 
Any fees payable pursuant to this section may be rounded to the nearest whole dollar.
[Ord. No. 14-76 § 3]
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Township Committee every two years a report recommending a fee schedule based on the operating expenses of the Enforcing Agency and any other expenses of the Township fairly attributable to the enforcement of the Act and Regulations.
[Ord. No. 14-76 § 3; Ord. No. 97-009]
In order to provide for the training, certification and technical support programs required by the Act and Regulations, the Enforcing Agency shall collect, in addition to the fees specified above, the amount as set by law by the State of New Jersey's Department of Community Affairs. This amount shall be forwarded to the State of New Jersey pursuant to State Law.
[1]
Editor's Note: Former Subsection 11-1.6, Construction Board of Appeals, Ord. No. 14-76 § 4, was repealed 2-14-2019 by Ord. No. 2019-01.
[Ord. No. 14-76 § 5]
The Construction Official shall prepare and submit to the Township Committee every two years a report evaluating the need for the delineation of fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official and the Fire Subcode Official regarding those areas which should be designated as within fire limits, with the reasons therefor.
[Ord. No. 99-014 § 1]
The fees set forth in Subsection 11-1.3 above shall not be charged to the official fire companies designated pursuant to the provisions of § 2-12, Official Fire Companies, of this Code nor to the Chatham Emergency Squad.
[Ord. No. 16-61 § 1]
This section shall be known and may be cited as "The Building Repair and Demolition Regulations of the Township of Chatham."
[Ord. No. 16-61 § 2]
As used in this section:
BUILDING
Shall mean any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
CONSTRUCTION OFFICIAL/ZONING OFFICER
Shall mean the officer or officers authorized under this section to exercise the powers set forth in the section.
OWNER
Shall mean the holder or holders of title in fee simple.
PARTIES IN INTEREST
Shall mean all individuals, associations and corporations 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 Township relating to health, fire, building regulations, or other activities concerning buildings in the Township.
[Ord. No. 16-61 § 3]
The Zoning Officer is designated as the officer to exercise the powers established by this section. The Township Building Inspector, Plumbing Inspector, and Sanitarian are hereby designated agents of the Zoning Officer to serve notices, to carry on investigations, to supervise the alteration, repair, improvement, removal or demolition of buildings, and to make reports thereon.
[Ord. No. 16-61 § 4a]
Whenever a petition is filed with the Zoning Officer by a public authority or by at least five residents of the municipality charging that any building is unfit for human habitation or occupancy or use or whenever it appears to the Zoning Officer that any building is unfit for human habitation or occupancy or use, the Zoning Officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such buildings a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Zoning Officer at a place therein fixed not less than 10 days nor more than 30 days after the serving of the complaint.
The Zoning Officer shall have power to investigate the building conditions in the Township in order to determine which buildings are unfit for human habitation or occupancy or use and to enter upon premises for the purpose of making examinations; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
[Ord. No. 16-61 § 4b]
Complaints issued pursuant to Subsection 11-2.4 of this chapter shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Zoning Officer in the exercise of reasonable diligence, and the Zoning Officer shall make an affidavit to that effect, then the serving of such complaint upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the Township, or, in the absence of such newspaper, in one printed and published in the County and circulating in the Township. A copy of such complaint shall be posted in a conspicuous place on the premises affected by the complaint. A copy of such complaint shall be duly recorded or lodged for record with the Office of the Clerk of Morris County.
[Ord. No. 16-61 § 4c]
The owner and parties in interest shall have the right to file an answer to the complaint and to appear in person or otherwise, and give testimony at the place and time fixed in the complaint for a hearing. The Zoning Officer shall have power to administer oaths, affirmations, examine witnesses and receive evidence; and the rules of evidence prevailing in the courts shall not be controlling in hearings before the Zoning Officer.
[Ord. No. 16-61 § 4d]
The Zoning Officer may determine that a building is unfit for human habitation or occupancy or use if he 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 the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident, or other calamities, lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair, structural defects; or uncleanliness.
[Ord. No. 16-61 § 4e]
If after notice and hearing, the Zoning Officer determines that the building under construction is unfit for human habitation or occupancy or use he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order:
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; and
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. The service of such order of removal shall be made in the same manner provided in Subsection 11-2.5 for the service of a complaint.
[Ord. No. 16-61 § 5]
If the owner 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 Zoning Officer may cause such building to be repaired, altered or improved, or to be vacated and closed. The Zoning Officer 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."
If the owner fails to comply with an order to remove or demolish the building, the Zoning Officer may cause such building to be removed or demolished or may contract for the removal or demolition on thereof after advertisement for and receipt of bids therefor.
[Ord. No. 16-61 § 6]
The amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this section determined in favor of the municipality, as well as the cost of repairs, alterations or improvements, or vacating and closing, or removal and demolition, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred.
If a building is removed or demolished by the Zoning Officer, he shall sell the materials of such building and credit the proceeds of any such sale against the cost of the removal or demolition. Any sum derived from any contract for the removal or demolition of the building shall be credited against the cost of the removal or demolition.
If there are no such credits, or if the sum total of the costs exceeds the total of such credits, a detailed statement of the costs and the amount so due shall be filed with the municipal tax assessor or other custodian of the records of tax liens and a copy thereof shall be forwarded to the owner by registered mail. If the total of the credits exceeds the costs, the balance remaining shall be deposited in the Superior Court by the Zoning Officer, shall be secured in such manner as may be directed by such court, and shall be disbursed according to the order or judgement of the court to the person found to be entitled thereto by the final order or judgment of such court.
Any owner or party in interest may within 60 days from the date of 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.
[Ord. No. 7-59 § 1]
The owner or owners, occupant or occupants of each and every dwelling house, store or other building which not fronts or hereafter may front upon any of the streets or public places within the Township, shall at their own expense cause the same to be properly numbered in accordance with the directions and requirements of Specifications for the Numbering of Dwelling Houses, Stores and Other Buildings within the Township of Chatham, adopted by resolution of the Township Committee.
[Ord. No. 7-59 § 2]
Nothing contained in this section or the resolution adopted pursuant to the provisions of this section shall be construed as an intention on the part of the Township Committee to accept any street, road or avenue within the Township which is not presently a public street, road or avenue or to assume any responsibility for the maintenance of any street, road or avenue.
[Ord. No. 7-59 § 3; New]
Any person who violates the provision of this section shall be liable to the penalty stated in Chapter 1, § 1-5. Failure to comply with the provisions of this section respecting any separate property within the Township shall constitute a separate offense.
Former § 11-4, Certificate of Smoke Detector and Carbon Monoxide Alarm Compliance previously codified herein and containing portions of Ordinance Nos. 19-91 and 2003-006 was relocated to § 12-4 by Ordinance No. 2011-06.
[Ord. No. 97-046 § 1; Ord. No. 2000-011 § 1]
The owners of property on which is located a retaining wall shall maintain such wall in good condition, including without limitation repair or replacement of rotted, deteriorated, defective, collapsed or failing sections thereof. Whenever such retaining wall shall, upon inspection by the Township Engineer, be determined to be in such rotted, deteriorated, defective, collapsed or failing condition that it shall constitute a potential hazard to the property on which the wall is located, to adjoining properties or the occupants or users of the property or adjoining properties, and upon written notice by the Township, the property owner shall within 30 days repair or replace the retaining wall and eliminate the hazardous condition.
[Ord. No. 97-046 § 2; Ord. No. 2000-011 § 2]
A property owner who shall fail to maintain a retaining wall shall be liable to a fine of $250 per day such violation remains unabated.
[Ord. No. 99-031 § 1; Ord. No. 2002-004 § 1]
In addition to the requirements of the Uniform Construction Code, whenever a demolition permit is required to be issued under this chapter, the owner or his or her agent shall, not later than 48 hours prior to the actual commencement of the demolition, give written notice to the Construction Official and proof of service of such notice upon all property owners and residents whose property abuts the demolition site of the date and time when the demolition will commence, and posting a sign at the site not less than 1.5 feet by three feet which sets forth the date and time of the demolition. Such notice may be hand delivered or made by certified mail. However, such notice, if by mail, must be actually delivered not later than 48 hours prior to the actual commencement of demolition. Proof of service of such notice shall be made to the Construction Official by close of business the day before the actual commencement of demolition.
[Ord. No. 99-031 § 1]
Any person who violates the provisions of this section shall be liable to the penalty stated in Chapter 1, § 1-5. Failure to comply with the provisions of this section respecting any separate property shall constitute a separate offense.
[Ord. No. 99-031 § 1]
Except as specifically provided elsewhere in this section, the Asbestos Hazard Abatement Subcode of the Uniform Construction Code, N.J.A.C. 5:23-8.1 through 5:23-8.21, is hereby made applicable to all private buildings within the Township of Chatham.
[Ord. No. 99-031 § 1]
As used in this subsection the following definitions apply:
PRIVATE BUILDING
Shall mean any structure which does not fit within the definition of educational facility, municipal facility, or public building as set forth in N.J.A.C. 5:23-8.2.
[Ord. No. 99-031 § 1]
References in the Asbestos Hazard Abatement Subcode to the New Jersey Department of Community Affairs (DCA) as respects enforcement (N.J.A.C. 5:23-8.3), variations (N.J.A.C. 5:23-8.4), inspections (N.J.A.C. 5:23-8.7(a)4, N.J.A.C. 5:23-8.7(d)2 and N.J.A.C. 5:23-8.7(e)) and certificates of occupancy (N.J.A.C. 5:23-8.8(a)2) shall mean the Township of Chatham.
[Ord. No. 99-031 § 1; Ord. No. 2011-07 § 1]
All fees referenced in Subsection 11-1.3a,8(h) and N.J.A.C. 5:23-8.9(d) shall be payable to the "Township of Chatham."
[Ord. No. 2007-14 § 1]
The intent of this section is to protect and preserve the overall public health, safety, welfare and appearance of the Township. It is intended as a complement to the applicable building codes, ordinances and regulations that control construction and improvements to real property in the Township, rather than as a replacement. Except as specifically provided elsewhere in this section, the following sections of the BOCA National Property Maintenance Code (1996) are hereby made applicable to all private buildings and property within the Township.
[Ord. No. 2007-14 § 1]
As used in this section, the following definitions shall apply:
BASEMENT
Shall mean that portion of a building which is partly or completely below grade.
EXTERIOR PROPERTY
Shall mean the open space on the premises and on adjoining property under the control of owners or operators of such premises.
EXTERMINATION
Shall mean the control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
GARBAGE
Shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
INFESTATION
Shall mean the presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
LET FOR OCCUPANCY OR LET
Shall mean to permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
OCCUPANT
Shall mean any person living or sleeping in a building; or having possession of a space within a building.
OPERATOR
Shall mean any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER
Shall mean any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the State, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, if ordered to take possession of real property by a court.
PERSON
Shall mean an individual, corporation, partnership of any other group acting as a unit.
PREMISES
Shall mean a lot, plot or parcel of land including any structures thereon.
PUBLIC NUISANCE
Shall mean and include any of the following:
a. 
The physical condition or occupancy of any premises regarded as a public nuisance at common law;
b. 
Any physical condition or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;
c. 
Any premises that has unsanitary sewerage or plumbing facilities;
d. 
Any premises designated as unsafe for human habitation;
e. 
Any premises that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecure so as to endanger life, limb or property;
f. 
Any premises from which the plumbing, heating or facilities required by this code have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided;
g. 
Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds; or
h. 
Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises.
RUBBISH
Shall mean combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
TENANT
Shall mean a person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
[Ord. No. 2007-14 § 1]
All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
[Ord. No. 2007-14 § 1]
All structures and exterior property shall be kept free from rat infestation. Where rats are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
[Ord. No. 2007-14 § 1]
All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
[Ord. No. 2007-14 § 1]
The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
[Ord. No. 2007-14 § 1]
All wood and metal surfaces, including but not limited to, window frames, doors, door frames, cornices, porches and trim shall be maintained in good condition. Excessive peeling, flaking and chipped paint shall be eliminated and surfaces repainted.
[Ord. No. 2007-14 § 1]
All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
[Ord. No. 2007-14 § 1]
All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rats.
[Ord. No. 2007-14 § 1]
All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
[Ord. No. 2007-14 § 1]
The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
[Ord. No. 2007-14 § 1]
Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
[Ord. No. 2007-14 § 1]
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
[Ord. No. 2007-14 § 1]
Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water.
[Ord. No. 2007-14 § 1]
Windows and doors shall be maintained in good repair and except in case of emergency (vandalism, weather damage, fire damage) shall not be boarded up. In case of emergency, as noted herein, windows and/or doors may be boarded up, but only for that period of time necessary to secure the structure until same can be reasonably replaced. Individual broken panes of glass in windows and doors shall be replaced with glass within a reasonable time.
[Ord. No. 2007-14 § 1]
All exterior property and premises, and the interior of every structure shall be free from any accumulation of rubbish or garbage.
[Ord. No. 2007-14 § 1]
Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
[Ord. No. 2007-14 § 1]
The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
[Ord. No. 2007-14 § 1]
Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
[Ord. No. 2007-14 § 1]
The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved, leak proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.
[Ord. No. 2007-14 § 1]
All structures shall be kept free from insect and rat infestation. All structures in which insects or rats are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
[Ord. No. 2007-14 § 1]
The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
[Ord. No. 2007-14 § 1]
The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
[Ord. No. 2007-14 § 1]
The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.
[Ord. No. 2007-14 § 1]
The occupant of any structure shall be responsible for the continued rat-free condition of the structure, and if the occupant fails to maintain the rat-free condition, the cost of extermination shall be the responsibility of the occupant.
[Ord. No. 2007-14 § 1]
Where rat infestations are caused by defects in the structure, the owner shall be responsible for extermination.
[Ord. No. 2016-17]
The intent of this section is to provide for the enforcement of the Township Property Maintenance Code and other applicable law against and to vacant and abandoned properties pending foreclosure.
[Ord. No. 2016-17]
A creditor filing a Complaint in a foreclosure action shall be responsible for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property. If the creditor is located out of the State of New Jersey, the creditor must appoint an in-State representative or agent to act for the foreclosing creditor.
[Ord. No. 2016-17]
a. 
A creditor filing a Complaint in a foreclosure action on residential property located in the Township of Chatham shall, within 10 days of serving the Summons and Complaint, serve the Township Clerk with a Notice advising that a Summons and Complaint in a foreclosure action has been filed against the subject property. The Notice shall contain and include the information set forth in Subsection c below and shall be provided by mail.
b. 
Any creditor that has filed a Complaint in a foreclosure action on any residential property which is pending in Superior Court shall provide to the Township Clerk with the Notice as described in Subsection c below for any residential properties in the Township for which the creditor has pending foreclosure actions.
c. 
The Notice shall state:
1. 
The name and contact information for the representative (located within the State of New Jersey) of the creditor who is responsible for property maintenance and will respond to Township communications regarding the property;
2. 
Whether the property being foreclosed on is an affordable unit pursuant to the "Fair Housing Act";
3. 
The street address, lot and block number of the property; and
4. 
If the creditor is located out of State, the Notice should include the full name and contact information of the representative/agent located within the State of New Jersey authorized to act on behalf of the entity/creditor, accept service on behalf of the entity/creditor, and to receive and act on notifications regarding maintenance of the property in foreclosure.
[Ord. No. 2016-17]
Any creditor having filed a Complaint in an action in foreclosure on a property, and that creditor having been notified by the Construction Code Official in writing that the property appears to be or is abandoned or vacant, shall be responsible within 30 days of said notification as follows:
a. 
Investigate and inspect the property as required to determine if the property is abandoned and vacant, and notify the Construction Code Official in writing of that determination.
b. 
Secure the building and structure on the property from unauthorized entry.
c. 
Perform such appropriate repairs or maintenance of the exterior grounds of the property, including yards, fences, sidewalks, walkways, driveways as may be needed or directed by the Construction Code Official so that the property is free from trash, debris, or excessive grass or weed growth, or safety hazards.
d. 
Continue to maintain the structures in a secure condition and the grounds in a clean, properly maintained state.
[Ord. No. 2016-17]
If the owner of a residential property vacates or abandons any property upon which a Complaint in a foreclosure action has been filed or if a property is otherwise vacated and/or abandoned subsequent to the filing of the Complaint in a foreclosure action, but prior to the vesting of title in any third party, the foreclosing creditor shall have the responsibility to abate any nuisance or correct any violations of the Property Maintenance Code and applicable law in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by the Property Maintenance Code or applicable law.
[Ord. No. 2016-17]
In the event of a violation of the Property Maintenance Code or applicable law, the Township shall serve the creditor with a Notice that shall include a description of the condition(s) that gave rise to the violation and shall provide a period of 30 days, or 10 days if the condition presents an imminent threat to public health and safety as determined by the Construction Code Official, for the creditor to remedy the violation or condition. The creditor must remedy and/or repair the conditions noticed within the specific period.
[Ord. No. 2016-17]
If the Township expends public funds in order to abate a nuisance or correct a violation on a residential property in which the creditor was given notice pursuant to Subsection 11-9.6 but failed to abate the nuisance or correct the violation as directed, the Township shall have the same recourse against the creditor as it would have had against the title owner of the property including but not limited to the recourse in the Property Maintenance Code and applicable law.
[Ord. No. 2016-17]
The Construction Code Official is hereby authorized to enforce this section and is further authorized to contact the New Jersey Bankers Association, with a current address of 411 North Avenue East, Cranford, New Jersey, for assistance in enforcing this section.
[Ord. No. 2016-17]
Any person or corporation shall, upon conviction by any court having jurisdiction of a violation of this § 11-9, be subject to a fine not to exceed $2,500 per day commencing as of the date after the expiration of the ten-day period provided in Subsection 11-9.3b. Any person or corporation upon conviction by any Court of a violation of Subsection 11-9.5 and/or Subsection 11-9.6 shall be subject to a fine not to exceed $1,500 per day, to commence 31 days after receipt of the notice or, if the violation presented an imminent risk to public safety and health and was so noticed, commencing 11 days after receipt of the notice.