The power to adopt a building code by reference is found
in R.S. 40:49-5.1 et seq.
See section 2-38 for regulations pertaining to numbering of buildings.
There is hereby established in the Township a State Uniform
Construction Code enforcing agency to be known as the division of
construction, 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 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. All officials
within the division of construction shall be appointed by the Township
Committee and shall receive such compensation as may be fixed from
time to time by ordinance.
Each official position created in Subsection 8-1.1 hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217 as amended and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an outside inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to P.L. 1975, c. 217 and N.J.A.C. to hold such position.
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.
[Ord. 78-21, S 1; Ord. 789-10; Ord. 80-3 Ord. 80-7; Ord.
87-30, S 1; Ord. 90-1; Ord. 91-3, S 1; Ord. 91-26; Ord. 93-1, S 1;
Ord. 93-17, S 1; Ord. 98-24, SS 1, 2; Ord. 03-31-, S 1; Ord. 04-14,
S 1; Ord. 06-05, S 1; Ord. 06-30, SS 1-4; Ord. 07-45; Ord. 11-16;
Ord. No. 2018-24; amended 5-9-2019 by Ord. No. 19-32]
The fee for a construction permit shall be the sum of the subcode
fees listed hereinafter and shall be paid before the permit is issued.
The minimum permit fee for any subcode, excluding private on-site
agencies, shall be $85.
a.
The building subcode fee shall be in accordance with the following
schedule, but in no event shall the same be less than $85.
1.
For new construction and additions, $0.040 through December 31, 2020,
and $0.045 thereafter, per cubic foot of building or structure volume.
2.
For renovations, alterations and repairs where alterations are involved,
and for structures and appurtenances for which specific volumes cannot
be calculated, the fee shall be $39 per $1,000 of estimated cost of
residential work and $45 per $1,000 of estimated cost of commercial
work through December 31, 2020, and $45 per $1,000 of estimated cost
of residential work and $50 per $1,000 of estimated cost of commercial
work thereafter.
3.
Plan review fees shall be assessed at 10% of the permit costs.
4.
An additional fee will be charged for all amendments to already released
permits with a minimum fee of $85 being assessed.
(a)
Exception: A separate fee of $25, not in conjunction with the
minimum fee, shall be collected for a change of contractor to any
subcode.
5.
For combinations of renovations, alterations and additions, the sum
of the fees, computed separately as renovations, alterations and additions,
shall be charged, with a minimum fee of $85 assessed.
6.
For the construction or installation of a deck, the fee shall be
$0.040 through December 31, 2020, and $0.050 thereafter, per square
foot of area.
7.
For the construction or installation of a masonry chimney, the fee
shall be $90 through December 31, 2020, and $100 thereafter.
8.
For the construction or installation of a retaining wall, the fee
shall be $150 through December 31, 2020, and $200 thereafter.
9.
For the construction or installation of an in-ground pool, the fee
shall be $250 through December 31, 2020, and $300 thereafter.
10.
For the construction or installation of an above-ground pool, the
fee shall be $125 through December 31, 2020, and $150 thereafter.
11.
For the construction or installation of a raised patio, the fee shall
be $0.040 through December 31, 2020, and $0.050 thereafter, per square
foot of area.
12.
The fee for a permit for the demolition of an accessory residential
structure shall be $75; for a principal residential building or structure,
the fee shall be $200; for an accessory commercial or industrial building
or structure, the fee shall be $100; for a principal commercial or
industrial building or structure, the fee shall be $300.
13.
The fee for a permit for the removal of the principal building or
structure from one lot to another or to a new location on the same
lot shall be $35 per $1,000 of the sum of the estimated moving cost.
The fee for an accessory building or structure movement shall be $20
per $1,000 of the aforesaid costs.
14.
The fee for a permit to construct or erect a sign shall be in the
amount of $3 per square foot of surface area of the sign, computed
on one side only for double-faced signs.
15.
The fee for the issuance of a code research, informational or other
requested letter, shall be $150.
16.
The fee for tents in excess of 900 square feet or more than 30 feet
in any direction shall be $250.
17.
The fee for the demolition of a residential home heating tank shall
be $125. All other tank demolitions shall be $300 each. (Fire)
20.
The fee for a reinspection, of the same type, of any subcode, after
a second failure (third inspection), shall be $50 for each subsequent
time. The fee shall be submitted prior to the inspection occurring.
b.
The electric subcode fee shall be in accordance with the following
schedule, but in no event shall the same be less than $85.
1.
For from one to 50 receptacles or fixtures, the fee shall be in the
amount of $75; for each 25 receptacles or fixtures, or portion thereof,
in addition to this, the fee shall be in amount of $25; for the purpose
of computing this fee, receptacles or fixtures shall include lighting
outlets, wall switches, fluorescent fixtures, convenience receptacle,
smoke and heat detectors, or similar fixture, and motors or devices
less than or equal to one horsepower or one kilowatt.
2.
For each motor or electrical device greater than one horsepower and
less than or equal to 10 horsepower; and for transformer and generators
greater than one kilowatt and less than or equal to 10 kilowatts,
the fee shall be $25.
3.
For each motor or electrical device greater than 10 horsepower and
less than or equal to 50 horsepower; for each service panel, service
entrance or subpanel less than or equal to 200 amperes; for each transformer
and generator greater than 10 kilowatts and less than or equal to
45 kilowatts; and for each utility load management device, the fee
shall be $85.
4.
For each motor or electrical device greater than 50 horsepower and
less than or equal to 100 horsepower, for each service panel, service
entrance or subpanel greater than 200 amperes and less than or equal
to 1,000 amperes; and for transformers and generators greater than
45 kilowatts and less than or equal to 112.5 kilowatts, the fee shall
be $195.
5.
For each motor or electrical device greater than 100 horsepower;
for each service panel, service entrance or subpanel greater than
1,000 amperes; and for each transformer or generator greater than
112.5 kilowatts, the fee shall be $800.
6.
The fee for single and multiple station smoke or heat detectors in
a single-family dwelling shall be $35 in addition to other fees.
7.
For the purpose of computing these fees, all motors except those
in plug-in appliances shall be counted, including control equipment,
generators, transformers and all heating, cooking or other devices
consuming or generating electrical current.
8.
The fee for an above ground pool shall be $125.
9.
The fee for an in-ground pool shall be $250.
10.
The fee for the required annual inspection of a swimming pool, hot
tub or spa shall be $100 each.
c.
The plumbing subcode fee shall be in accordance with the following
schedule, but in no event shall the same be less than $85.
1.
The fee shall be in the amount of $25 per fixture, appliance or piece
of equipment connected to a plumbing system and for each fixture,
appliance or piece of equipment connected to a gas or oil piping system.
The fuel system supply shall be a single separate cost of $25.
2.
The fee shall be in the amount of $150 for any item not under Subsection c1 above and the following: grease traps, oil separators, backflow preventers equipped with test ports, steam boilers, hot water boilers (excluding those used for domestic heating), utility service connections, water-cooled air conditioning units, refrigeration units, active solar systems, sewer pumps, pressure reducing valves and interceptors.
3.
Sewer capping shall be $100.
4.
For cross-connections and backflow preventers that are subject to
testing, the fee shall be $15 for each device when they are broken
down and tested (once annually).
d.
The fire subcode fee shall be in accordance with the following schedule,
but in no event shall the same be less than $85.
1.
Sprinkler heads.
(a)
The fee for 20 or fewer heads shall be $100.
(b)
The fee for 21 to and including 100 heads the fee shall be $150.
(c)
For 101 to and including 200 heads the fee shall be $275.
(d)
For 201 to and including 400 heads the fee shall be $800.
(e)
For 401 to and including 1,000 heads the fee shall be $1,000.
(f)
For over 1,000 heads the fee shall be $1,500.
3.
The fee for each standpipe or fire main shall be $250. Fire hydrants
shall be an additional cost of $50 each.
4.
The fee for installation of residential home heating oil tanks shall
be $150.
5.
The fee for a chimney liner is $75.
6.
The fee for installation of fuel and/or diesel tanks, other than
residential home heating oil tanks, shall be $600.
7.
The fee for each independent pre-engineered system shall be $125.
8.
The fee for each gas or oil fired appliance that is not connected
to the plumbing system shall be $75.
9.
The fee for each kitchen exhaust system shall be $75 for residential
and $200 for commercial.
10.
The fee for each fuel venting system shall be $50.
e.
Mechanical fees.
1.
The fee for a mechanical permit in an R-3 and R-5 use shall be $85,
for the first device and $20 for each additional device.
f.
Elevator fees.
1.
The fee for a permit for the installation of an elevator shall be
the fee established by the State Uniform Construction Code, N.J.S.A.
5:23-12.6. In addition to the said fee, the Township will be paid
a 30% administration fee.
2.
The fee for the reinspection of an elevator shall be the fee established
by the State Uniform Construction Code, N.J.S.A. 5:23-12.6. In addition
to the said fee, the Township will be paid a 30% administration fee.
g.
In the event that the Township has contracted with a third-party
inspection agency to perform the said subcode functions, the subcode
fees to be utilized shall be those established by the State of New
Jersey and the percentage based on the third-party bid. In addition
to the fee established by the third-party inspection agency, the Township
shall be paid a 30% administration fee.
h.
The fee for certificates of occupancy shall be as follows:
2.
The fee for a certificate of continued occupancy shall be $340.
3.
The fee for a certificate of occupancy granted pursuant to a change
of use, without the need for permits, shall be $340.
4.
Temporary Certificates of Occupancy. No fee shall be charged for
the issuance of the first temporary certificate. The fee for the first
extension of a temporary certificate shall be $125. The fee for a
second extension shall be $175 through December 31, 2020, and $250,
thereafter. The fee for a third extension and any additional extension
thereafter shall be $600.
i.
The fee for reinstatement of a construction permit that has become
invalid in accordance with the UCC shall be $85 per subcode, per outstanding
permit, but shall not exceed $340.
[Amended 4-14-2022 by Ord. No. 22-06]
j.
No refund will be given after 45 days of issuance of a permit. Prior
to the 45 days of issuance, a 10% plan review cost of the permit will
be held from the refund, along with any DCA costs.
k.
As a result of practical difficulties encountered in complying with
the requirements of a certain subcode and where an alternative to
the subcode requirements exist which still protects the health, safety
and welfare of the populace and, where the practical benefits of a
variation of the subcode requirements outweigh any detriments in such
variation, there may be granted a variation of the said subcode requirement
to allow a practical solution to be utilized. The fee for such residential
variation shall be $200 and for such commercial variation shall be
$400.
l.
Fee exemptions.
1.
Any senior citizen 62 years of age or older shall be exempt from
having to pay the following Township construction permit fees:
m.
Penalties: NJAC 5:23-2.31.
1.
Up to $1,000 per violation for failure or refusal to comply with
any lawful order, unless the failure or refusal to comply is done
with the knowledge that it will endanger the life or safety of any
person, in which case the penalty shall be up to $2,000 per violation;
2.
Up to $1,000 per violation for failure or refusal to comply with
any lawful order, unless the failure or refusal to comply is done
with the knowledge that it will endanger the life or safety of any
person, in which case the penalty shall be up to $2,000 per violation;
3.
Up to $2,000 per violation for failure to comply with a stop-construction
order;
4.
Up to $2,000 per violation for willfully making a false or misleading
written statement, or willfully omitting any required information
or statement in any application or request for approval;
5.
Up to $500 per violation for any violation not covered under Subsection
M1 through 4 above.
6.
The penalty for refusing entry or access to an inspector lawfully
authorized to inspect any premises, building, or structure or who
unreasonably interferes with such an inspection shall be $250.
7.
The penalty for scheduling, and not cancelling, any inspection which
is not ready at the time of the scheduled inspection shall be $85.
8.
In no event shall the penalty for a properly issued violation be
less than $100.
n.
All penalty monies shall be collected under penalty provision of
the UCC. All penalties collected shall be retained by the Construction
Department and shall be placed in a special trust fund to be applied
to the cost to the department for training, technical support programs,
conferences[,] and certification.
[Amended 10-17-2019 by Ord. No. 19-47]
[Ord. No. 2000-5 § 1]
a.
No person shall be charged a construction permit surcharge fee or
enforcing agency fee for any construction, reconstruction, alteration
or improvement designed and undertaken solely to promote accessibility
by disabled persons to an existing private structure or any of the
facilities contained therein.
b.
A disabled person, or a parent or sibling of a disabled person, shall
not be required to pay any municipal fee or charge in order to secure
a construction permit for any construction, reconstruction, alteration
or improvement which promotes accessibility to his or her own living
unit.
c.
Disabled person means a person who has a total and permanent inability
to engage in any substantial gainful activity by reason of any medically
determinable physical or mental impairment, including blindness, and
shall include, but not be limited to, any resident of this state who
is disabled pursuant to the Federal Social Security Act (42 USC Section
416), or the Federal Railroad Retirement Act of 1974 (45 USC Section
231, et seq.), or is rated as having a 60% disability or higher pursuant
to any federal law administered by the United States Veterans Act.
For purposes of this subsection, "blindness" means central visual
activity of 20/200 or less in the better eye with the use of a corrective
lens. An eye which is accompanied by a limitation in the fields of
vision such that the widest diameter of the visual fields subtends
an angle no greater than 20° shall be considered as having a central
visual acuity of 20/200 or less.
a.
This subsection creates the procedure for business owners in the
CB Community Business, NB Neighborhood Business, BR-40 Business Residential
(One Acre), BR-80 Business Residential (Two Acre), RBLR Residential
Business Limited Retail, Officer Research and G-I General Industrial
zones to apply to the Zoning Officer for an exemption from certain
construction subcode permit fees in an amount not to exceed singularly
or in the aggregate the sum of $5,000.
b.
The Zoning Officer, acting upon an application for exemption, may
exempt business owners from construction subcode building permits
located in the CB Community Business, NB Neighborhood Business, BR-40
Business Residential (One Acre), BR-80 Business Residential (Two Acre),
RBLR Residential Business Limited Retail, Office Research and G-I
General Industrial zones of the Township.
c.
All property taxes, penalties or fees due to the Township must be
paid and current as a condition of applying for and receiving this
exemption.
d.
In considering the application, the Zoning Officer shall determine
and must find that the proposed construction will result in gainful
permanent employment within the Township of at least five permanent
new full-time equivalent jogs or an expansion of the number of existing
full-time jobs or equivalent jobs or by 25%, whichever is lower, within
the Township and assist in the economic development of the Township.
For purposes of this subsection, the term "new full-time job or equivalent"
shall be defined as one or more positions which equate to a forty-hour
work week. The determination of full-time jobs or equivalent shall
be left to the sound discretion of the Zoning Officer, in the event
the Zoning Officer denies the above exemption, a business owner may
appeal the Zoning Officer's decision to the Township Committee, which
shall render a decision within 60 days of the filing of the appeal.
e.
The application, once approved, shall be forwarded by the Zoning
Officer to the construction code official to advise him/her of the
waiver of construction subcode permit fees.
f.
In order to qualify for such exemption, the building permit shall
be for the:
1.
Construction expansion or rehabilitation of a structure or use. For
the purpose of this fee exemption only, construction or expansion
means a structure or part thereof used for a permitted use in the
CB Community Business, NB Neighborhood Business, BR-40 Business Residential
(One Acre), BR-80 Business Residential (Two Acre), RBLR Residential
Business Limited Retail, Office Research and G-I General Industrial
zones.
2.
Rehabilitation for the purpose of this fee exemption only consists
of a minimum of 25% of an existing structure on a lot in the CB Community
Business, NB Neighborhood Business, BR-40 Business Residential (One
Acre), BR-80 Business Residential (Two Acre), RBLR Residential Business
Limited Retail, Office Research and G-I General Industrial zones which
is being undertaken to expand or modernize facilities or bring the
facility up to current subcode requirements. The exemption shall apply
to only that portion of the structure being expanded or rehabilitated.
3.
Proof from the business owner that the construction, expansion or
rehabilitation will result in the creation of at least five permanent
new full-time jobs or equivalent or an expansion of the number of
existing full-time jobs or equivalent by 25% whichever is lower, within
the Township.
4.
The proof required of the business owner under Subsection f3 above will be in the form of a letter on the business' letterhead to be submitted to the Zoning Officer requesting the exemption and containing the following information:
(a)
The number of permanent new full-time jobs or equivalent being
created.
(b)
The duties or functions to be provided by the new employees.
(c)
The title or titles of the new employees.
(d)
The hours each new employee is to work.
(e)
In the case of an existing business, the current number of employees
and the number of new full-time jobs or equivalent after the construction,
expansion or rehabilitation.
5.
Once granted the exemption, the business owner shall be required
to file two annual compliance reports with the Township Construction
Official over the two-year period from the grant of the exemption
to justify the creation of five new full-time jobs or equivalent.
Failure on behalf of the business owner to file the two annual compliance
or failure to demonstrate the creation of five full-time jobs or equivalent
shall result in the forfeiture of the economic incentive and the business
owner shall be required to pay back any and all fee waiver amounts
granted by the Zoning Officer.
6.
This fee exemption shall have a limited duration, continuing in full
force and effect from July 1, 2012 through June 30, 2016, at which
time it shall expire by its own terms, unless extended by appropriate
action of the Township Committee.
7.
This fee exemption shall apply to those businesses which are seeking
a building permit on or after July 1, 2012.
8.
The Zoning Officer, in consultation with the Township Committee,
may waive the above requirements when it is determined that the business
will enhance the public health, safety, welfare, including the economic
well-being of the Township.
9.
This fee exemption shall not be applicable to any variances granted
under the provisions of N.J.S.A. 40:55D-70d(1) allowing a nonresidential
use in the EP-250, CR-130/65, R-65, ECR, R-40, R-20 or any other residential
zone district hereinafter established within the Township of Warren.
g.
The fees to be exempted by action of the Zoning Officer shall only
be for construction subcode permits where inspections are performed
by Township personnel. The exemption shall not apply to third party
agency inspections where the fee is paid to such outside agency, nor
to the training surcharge fee payable to the State of New Jersey.
[Added 11-14-2019 by Ord.
No. 19-48]
a.
The municipal portion of any construction fees required by this section
shall be waived for any Warren Township volunteer first responder
up to a total maximum amount of $1,500 aggregated on an annual basis.
Any municipal construction fee which exceeds $1,500 in the aggregate
on an annual basis shall be paid in accordance with this section.
b.
This waiver shall only apply to municipal construction fees for a
residential dwelling owned and occupied by the Warren Township volunteer
first responder or owned and occupied by the family of a Warren Township
volunteer first responder who resides there as his or her primary
residence.
c.
For purposes of this subsection, the term "Warren Township volunteer
first responder" shall mean any fire or emergency medical personnel
who renders service without pay to the Warren Township Rescue Squad,
the Mount Bethel Volunteer Fire Company #1, Mt. Horeb Volunteer Fire
Company #2, Community Volunteer Fire Company #3 or Washington Valley
Volunteer Fire Company #4.
d.
Any other ordinances or parts of ordinances in conflict or inconsistent
with any of the terms hereof are hereby repealed to the extent to
which they are in conflict or inconsistent.
e.
Should any section, clause, sentence, phrase or provision of this
section shall be held to be invalid in any court of competent jurisdiction,
the same shall not affect any other article, section or provision
of this section except insofar as the article, section or provision
so declared invalid shall be inseparable from the remainder or any
portion thereof.
f.
This section shall become effective immediately upon final passage
and publication as required by law.
The construction official shall, with the advice of the subcode
officials, prepare and submit to the Township Committee biannually,
a report recommending a fee schedule based on the operating expense
of the agency, and any other expenses of the municipality fairly attributable
to the enforcement of the State Uniform Construction Code Act.
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 as set by the Bureau of
Housing, Department of Community Affairs. This surcharge fee shall
be remitted to the Bureau of Housing, Department of Community Affairs,
on a quarterly basis for the fiscal quarters ending September 30,
December 31, March 31 and June 30, not later than one month succeeding
the end of the quarter for which it is due.
The enforcing agency shall report annually at the end of each
fiscal year to the Bureau of Housing Inspection, and not later than
July 31, the total amount of the surcharge collected in the fiscal
year.
The following fire limits are hereby established pursuant to
N.J.A.C. 5:23: All sections of the Township within the Community Business
zone district as delineated and defined in the zoning ordinance of
the Township.
The construction official shall prepare and submit a report
biannually to the Township Committee re-evaluating the delineation
of the 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 the fire limits, with the reasons therefor.
As used in this section, unless a different meaning clearly
appears from the context, the designated words shall have the following
meanings:
Shall mean any building or structure heretofore or hereafter
constructed and designed or used for dwelling purposes or occupancy
by persons, whether temporary or permanent or in which water is used
for human consumption or otherwise.
Shall mean when used with respect to a building constructed
prior to the date of initial operation of a water line available to
serve said building which is owned or operated by a private utility
authorized to do business (supplying of water to the public) in the
Township of Warren, the sixtieth day next ensuing after the owner
of the said building is notified, in writing, to connect to the public
water system by the Health Officer of the Township of Warren. Any
building built after the date when a water line is available to serve
said building, shall connect to such water line at the time such construction
is completed and prior to occupancy.
Shall mean any pipe or conduit designed or used for the transmission
of potable water within the Township owned by a regulated public utility
authorized to supply water for domestic and other purposes within
the Township of Warren.
The owner of any building or lot which the Department of Environmental
Protection has declared, in writing to the Township of Warren, to
have been adversely affected by hazardous substances or potentially
adversely affected by hazardous substances, emanating from a toxic
spill, which has upon it, for use in connection with domestic or nondomestic
purposes, a well or wells, the water of which either has been contaminated
or is exposed to a high potential of contamination shall, when a public
water supply is made ready and available for hook-up in the street
upon which said lot or building fronts or within 250 feet of said
lot or building, to do the following:
a.
Cap and fill, so as to permanently destroy any water producing capacity of any well located upon said premises, whether used for domestic or nondomestic purposes, within 30 days after such time as public water, as referred to in Subsection b below, has been hooked up to said building or within 60 days of notice received to hook into said public water supply as hereinafter set forth, whichever first occurs. The procedures to be utilized for the said capping and filling shall be at the direction of the Warren Health Officer and shall be completed in accordance with State statutes and rules and regulations.
b.
Hook into the public water supply so that said public water supply
shall be used for all purposes whatsoever within 60 days of notice
being given to said owner.
Every connection required by this section shall comply in all
respects to the Plumbing Code of the Township of Warren Uniform Construction
Code, or such other code as shall be in force and effect at the time
connection is required.
Upon receipt by the Township, of notification from a private utility authorized to do business in the Township, that any water line is available to serve buildings on any properties in the Township, as described in Subsection 8-7.2 above, the Health Officer of the Township of Warren shall order each owner of a building which is located within an identified hazard or potential hazard area (identified by the New Jersey Department of Environmental Protection) to connect each building on such property with the said water line in accordance with the terms of this section.
The Health Officer of the Township of Warren shall be required to give notice to the owner of property with respect to which an order is issued pursuant to Subsection 8-7.4 hereof. Such notice shall be addressed to the owner of said property as the name of the owner appears in the last tax duplicate of the Township of Warren and shall describe the property by lot and block designation as the same appears in the Tax Map of the Township of Warren and by the street address if a street address exists. The notice shall state that by order of the Township of Warren the owner is required to connect each building on said property with the water line in accordance with the terms of this section on or before the connection date with respect to such building, and said notice shall also describe the penalty which may be imposed hereunder for failure to comply with said notice and order in accordance with the terms of this section. Said notice shall be served within or without the limits of the Township of Warren by mailing the same by certified mail to the last known post office address of said owner as the same appears on the last tax duplicate of the Township of Warren. Said notice may also be served on the owner personally or by leaving it at his usual place of abode with a member of his family above the age of 14 years.
a.
In the event any person or corporation shall not have connected the
building or buildings on his or its property to an available water
line by the connection date or failed to cap and fill his or its well,
such person or corporation may, at the discretion of the municipal
judge, upon conviction thereof, be fined up to $500. An additional
fine of $50 may be imposed for each day of delay after the expiration
of the connection date.
Penalties under this section shall be enforced by the Municipal
Court of the Township of Warren.
This is a special section to deal with specific conditions as,
if and when they occur, and it is not intended to repeal any ordinances
or section thereof presently in effect in the Township of Warren but
is to be considered supplementary thereto.
a.
The
"sewer stub" shall be defined as that portion of the building sewer
lateral which is located within the Township road right-of-way or
utility easement.
b.
The
aforesaid sewer stub will be inspected by the sewerage authority engineer
or his qualified designee when the same is installed at the same time
as the main trunk or collector sewer line. In the event the sewer
stub is installed subsequent to the installation of the main trunk
or collector sewer line, then the sewer stub connection will be inspected
by the sewerage authority engineer or his qualified designee, or in
the absence of the sewerage authority engineer or his qualified designee,
the plumbing subcode official or plumbing inspector.
c.
In
the event damage is caused to the main trunk or collector sewer line
during sewer stub installation, regardless of who is inspecting the
installation, the sewerage authority will be notified and all work
shall cease and required repairs will be made under the direction
of the sewerage authority engineer.
[1]
Editor's Note: Former section 8-9, Real Estate Taxes and Assessments
for Local Improvements to be Current Before the Issuance of Construction
Permit, previously codified was repealed in its entirety by Ordinance
No. 08-14.
The purpose of this section is to prohibit illicit connections
to the municipal separate storm sewer system(s) operated by the Township
of Warren or Township of Warren Sewerage Authority, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
a.
DOMESTIC SEWAGE — Shall mean waste and wastewater from humans
or household operations.
b.
ILLICIT CONNECTION — Shall mean any physical or nonphysical
connection that discharges domestic sewage, non-contact cooling water,
process wastewater, or other industrial waste (other than stormwater)
to the municipal separate storm sewer system operated by the Township
of Warren or other public body, unless that discharge is authorized
under a NJPDES permit other than the Tier A Municipal Stormwater General
Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may
include, but are not limited to, leaks, flows, or overflows into the
municipal separate storm sewer system.
c.
INDUSTRIAL WASTE — Shall mean nondomestic waste, including,
but not limited to, those pollutants regulated under Section 307(a),
(b), or (c) of the Federal Clean Water Act (33 U.S.C. § 1317(a),
(b), or (c)).
d.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) — Shall mean a
conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches,
man-made channels, or storm drains) that is owned or operated by the
Township of Warren or other public body, and is designed and used
for collecting and conveying stormwater.
e.
NJPDES PERMIT — Shall mean a permit issued by the New Jersey
Department of Environmental Protection to implement the New Jersey
Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C.
7:14A.
f.
NON-CONTACT COOLING WATER — Shall mean water used to reduce
temperature for the purpose of cooling. Such waters do not come into
direct contact with any raw material, intermediate product (other
than heat) or finished product. Non-contact cooling water may however
contain algaecides, or biocides to control fouling of equipment such
as heat exchangers, and/or corrosion inhibitors.
g.
PERSON — Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
h.
PROCESS WASTEWATER — Shall mean any water which, during manufacturing
or processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished
product, by-product, or waste product. Process wastewater includes,
but is not limited to, leachate and cooling water other than non-contact
cooling water.
i.
STORMWATER — Shall mean water resulting from precipitation
(including rain and snow) that runs off the land's surface, is transmitted
to the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Township of Warren any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
This section shall be enforced by the Warren Township Police
Department, the Warren Township Zoning Officer and/or the Warren Township
Construction Officer.
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the penalties set forth in section 3-21 of this revision.
At the time of issuance of any building permit, the building code official shall provide written instruction on proper disposal and recycling of construction and demolition waste pursuant to the provisions of Subsection 11-1.15.
[Added 12-15-2022 by Ord. No. 22-24]
As used in this section, the following terms shall have the
meanings indicated:
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.
The time at which all existing occupants vacate a dwelling
unit, and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
[Amended 3-16-2023 by Ord. No. 23-04]
Subject to Section 8-12, the Division of Construction and the Construction Official, as defined in Section 8-1.1, or a certified lead evaluation contractor as may be retained and designated by the Township Committee shall inspect every single-family, two-family, and multiple rental dwelling located within the Township at tenant turnover for lead-based paint hazards or within two years of the July 22, 2022, the effective date of N.J.S.A. 52:27D-437.16 et seq., whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification. The owner of any such rental dwelling shall not permit any tenant turnover without first complying with Section 8-12. The Township shall charge the dwelling owner or landlord and the dwelling owner or landlord shall pay the Township, in advance of any inspection, a fee which is the higher of $120 or the actual fee to be paid by the Township to any third-party vendor providing this service. The purpose of this fee is to cover the cost of the inspection, which shall be dedicated to meeting the costs of implementing and enforcing Section 8-12 and shall not be used for any other purpose.
The dwelling owner or landlord may directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the New Jersey Department of Community Affairs to satisfy the requirements of Section 8-12.2 instead of the municipal inspection contemplated by Section 8-12.2. If a dwelling owner or landlord directly hires such a lead evaluation contractor, the term “Construction Official” shall also mean and include such lead evaluation contractor for purposes of this Section 8-12 (except for the purposes of Section 8-12.13).
The Construction Official or such lead evaluation contractor with the duty to inspect single-family, two-family, and multiple rental dwellings pursuant to Section 8-12 may consult with the local health board, the New Jersey Department of Health, or the New Jersey Department of Community Affairs concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards for the repair of dwellings containing lead paint.
Notwithstanding anything in Section 8-12.2 to the contrary, 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:
a.
Has been
certified to be free of lead-based paint;
b.
Was constructed
during or after 1978;
c.
Is in
a multiple dwelling that has been registered with the New Jersey 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,” N.J.S.A. 55:13A-1, et seq.;
d.
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
If the Construction Official or such lead evaluator contractor finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to Section 8-12.2, then the owner of the dwelling unit shall remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods, approved in accordance with the provisions of the "Lead Hazard Control Assistance Act," N.J.S.A. 52:27D-437.1, et seq. Upon the remediation of the lead-based paint hazard, the Construction Official or lead evaluator contractor shall conduct an additional inspection of the unit to certify that the hazard no longer exists. The Construction Official shall charge an additional fee in the amount $75.00 for such additional inspection.
If the Construction Official or lead evaluator contractor finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to Section 8-12.2 or following remediation of a lead-based paint hazard pursuant to Section 8-12.6, then the Construction Official or lead evaluator contractor shall certify the dwelling unit as lead-safe on a form prescribed by the New Jersey Department of Community Affairs as provided for in regulations or guidance promulgated pursuant to N.J.S.A. 52:27D-437.20. The lead-safe certification provided to the property owner by Construction Official or lead evaluator contractor pursuant to this Section 8-12.7 shall be valid for two years.
Beginning on July 22, 2022, the effective date of N.J.S.A. 52:27D-437.16
et seq., property owners shall:
a.
Provide evidence of a valid lead-safe certification obtained pursuant to Section 8-12 as well as evidence of the most recent tenant turnover at the time of the cyclical inspection carried out under the "Hotel and Multiple Dwelling Law," N.J.S.A. 55:13A-1, et seq., unless not required to have had an inspection by the Construction Official pursuant to Paragraphs (1), (2), or (3) of Section 8-12.5;
b.
Provide evidence of a valid lead-safe certification obtained pursuant to Section 8-12 to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by the Construction Official or lead evaluator contractor pursuant to Paragraphs (1), (2), (3), and (4) of Section 8-12.5, and shall affix a copy of such certification as an exhibit to the tenant’s or tenants’ lease; and
c.
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, unless not required to have had an inspection by the Construction Official or lead evaluator contractor pursuant to Paragraphs (1), (2), (3), and (4) of §8-12.5.
If the Construction Official or lead evaluator contractor finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to Section 8-12, then the Construction Official or lead evaluator contractor shall notify the Commissioner of Community Affairs, who shall review the findings in accordance with the "Lead Hazard Control Assistance Act," N.J.S.A. 52:27D-437.8.
If a lead hazard is identified in an inspection of one of the
dwelling units in a building consisting of two or three dwelling units,
then the Construction Official or lead evaluator contractor shall
inspect the remainder of the building’s dwelling units for lead
hazards, except for dwelling units that have been certified to be
free of lead-based paint. The Construction Code Official may charge
an additional fee in the amount of $75.00.
In addition to the fees charged for inspection of rental housing, the Township shall assess an additional fee of $20.00 per unit inspected by the Construction Official for the purposes of the "Lead Hazard Control Assistance Act," N.J.S.A. 52:27D437.1, et seq., concerning lead hazard control work, unless the unit owner demonstrates that the New Jersey Department of Community Affairs already has assessed an additional inspection fee of $20.00 pursuant to the provisions of N.J.S.A. 52:27D-437.10. In a common interest community, any inspection fee charged pursuant to Section 8-12 shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. The fees collected pursuant to this Section 8-12.11 shall be deposited into the "Lead Hazard Control Assistance Fund" established pursuant to N.J.S.A. 52:27D-437.4.
a.
If less
than 3% of children tested in the Township, six years of age or younger,
have a blood lead level greater than or equal to five ug/dL, according
to the central lead screening database maintained by the New Jersey
Department of Health pursuant to N.J.S.A. 26:2-137.6, or according
to other data deemed appropriate by the Commissioner (as such term
is used in and for the purposes of N.J.S.A. 52:27D-437.16), then the
Construction Official or lead evaluator contractor may inspect a dwelling
located therein for lead-based paint hazards through visual assessment.
b.
If at
least 3% of children tested, six years of age or younger, have a blood
lead level greater than or equal to five ug/dL, according to the central
lead screening database maintained by the New Jersey Department of
Health pursuant to N.J.S.A. 26:2-137.6, or according to other data
deemed appropriate by the Commissioner, then the Construction Official
or lead evaluator contractor shall inspect a dwelling located therein
through dust wipe sampling.
c.
If a
lead hazard is identified in an inspection of one of the dwelling
units in a building consisting of two or three dwelling units, then
the Construction Official or lead evaluator contractor shall inspect
the remainder of the building’s dwelling units for lead hazards,
except for dwelling units that have been certified to be free of lead-based
paint. The Construction Code Official may charge fee a fee of $75.00
for such additional inspections.
The Township and the Construction Official shall be authorized to conduct investigations and issue penalties to enforce a property owner’s failure to comply with N.J.S.A. 52:27D-437.16 or Section 8-12. If the Township or the Construction Official determines that a property owner has failed to comply with a provision of N.J.S.A. 52:27D-437.16, et seq. or Section 8-12 regarding a rental dwelling unit owned by the property owner, the property owner shall first be given 30 days to cure any violation by conducting the required inspection or initiate any required remediation efforts. If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000.00 per week until the required inspection has been conducted or remediation efforts have been initiated.
