Borough of Farmingdale, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor's Note: For regulations concerning litter, debris and trash at construction sites, see Chapter 3, subsection 3-1.4.
[Ord. No. 151 § 1]
There is hereby established in the Borough of Farmingdale a State Uniform Construction Code enforcing agency to be known as The Farmingdale Code Enforcing Agency, 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 serve as the Chief Administrator of the Enforcing Agency.
[Ord. No. 151 § 1; amended 7-21-2015 by Ord. No. 01-2015]
Each official position created shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217 as amended and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to P.L. 1975, c. 217 and N.J.A.C. 5:23 to hold each such position.
[Ord. No. 151 § 1]
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.
[New]
The Borough will not appoint a Board of Appeals but will leave appeals to the jurisdiction of the County of Monmouth.
[Ord. No. 151 § 2; Ord. No. 13-89; Ord. 2/18/92; New; Ord. No. 99-01; Ord. No. 00-02; Ord. No. 03-02; Ord. No. 2009-03]
The fee for a construction permit shall be the sum of the subcode and/or administrative and miscellaneous fees listed hereof and shall be paid before the permit is issued.
a. 
Building Subcode Fees:
1. 
For new construction the fee shall be $0.040 per cubic foot of volume for all buildings and structures except as follows: For single owner/single tenant occupied large volume buildings of Use Group F and S the fee for new construction shall be $0.040 per cubic foot of the first 500,000 cubic feet and $0.025 per cubic foot in excess of 500,000 cubic feet of volume. For the purpose of computing these fees, additions to existing buildings or structures shall be considered new construction.
[Amended 7-21-2015 by Ord. No. 01-2015]
2. 
Alterations and renovations.
[Amended 7-21-2015 by Ord. No. 01-2015]
(a) 
For alterations and renovations the fee shall be as follows:
(1) 
$1,000 to $50,000: $30.00 per $1,000.
(2) 
Over $50,000 to $100,000: $24 per $1,000.
(3) 
Over $100,000: $19 per $1,000.
(b) 
When estimating costs, the provision of Section 5:23-2, 15(a)4 of the New Jersey Administrative Code (N.J.A.C.) shall govern.
3. 
The fee for a permit to install supplemental heating appliances (wood or coal burning stoves, fireplaces, etc.) shall be as follows: $75 per appliance and shall include the installation of a chimney, flue or vent. If applicable, the fee for such installation shall be computed in addition to any and all fees for new construction or alterations.
[Amended 7-21-2015 by Ord. No. 01-2015]
4. 
The permit fee to erect miscellaneous and temporary structures as defined in Section 5:23-3.14(b) 22 of the New Jersey Administrative Code and structures for which volume cannot be computed, such as open framed masts and towers shall be as follows:
(a) 
Tents, in excess of 900 square feet or more than 30 feet in any direction shall be $100;
(b) 
Temporary structures, accessory to Use Groups R-3 and R-5 shall be $50 each; accessory to any other Use Group shall be $150 each;
(c) 
The fee to erect communication towers or masts up to 80 feet in height shall be $600 each; between the height of 81 and 120 feet, the fee shall be $1,200 each; and for communication towers or masts higher than 120 feet the fee shall be $1,800 each.
5. 
Swimming pools. The fee for a permit to install an inground pool shall be $250; the fee for a permit to install an above ground pool shall be $75. These fees are in addition to any and all electrical and plumbing fees, which may be required.
[Amended 7-21-2015 by Ord. No. 01-2015]
6. 
The fee for a permit to reroof and/or siding (veneer) a structure of Use Group R-3 and R-4 shall be $40 each. The repair or replacement of wall or roof sheathing is included under such permit(s). The replacement and/or altering supporting walls or roof framing is subject to additional charges.
7. 
The fee for a permit to demolish a building shall be computed as follows: buildings of Use Groups R-3 and R-4 $100: miscellaneous and accessory structures incidental to Use Groups R-3 and R-4 $20; buildings and structures of all other use groups $200.
8. 
The permit fee for the removal of a building or structure from one lot to another or to a new location on the same lot shall be the fee for the new foundation based on volume, computed in accordance with paragraph a1 plus the fee based on the estimate cost of the alteration of the building (if any) or structure moved, computed in accordance with paragraph a2 of this section.
9. 
The fee for a permit to construct a sign shall be $30. In the case of a double-faced sign, the area of the surface of only one side of the sign shall be used for purposes of the fee computation.
10. 
The fee for a permit to construct a deck for Use Group R-3 and R-5 shall be computed at $0.40 per square foot.
[Amended 7-21-2015 by Ord. No. 01-2015]
11. 
The fee to erect a retaining wall for Use Groups R-3 and R-5, 500 feet in length or less will be $75; any wall longer than 500 feet will be $150. All other Use Groups, the fee will be based on alteration fees.
b. 
Plumbing Subcode Fees.
1. 
Fixtures and Appliances: The installation of plumbing per fixture or stack shall include but not be limited to: water closets, urinals, bidets, bathtubs, shower stalls, laundry tubs, floor drains, drinking fountains, dishwashers, cloths washers, water heaters, roof drains, hose bibs, indirect connections, backflow preventers for R-3 and R-5 residential boilers, or similar devices shall be as follows:
[Amended 7-21-2015 by Ord. No. 01-2015]
(a) 
Per fixture and appliance: $15.
(b) 
Per fixture and appliance: $65 for all other groups.
2. 
Special Devices: The installation of special devices shall include but not be limited to: grease traps, oil separators, refrigeration units, water service and sewer connections (on multiple units the fee is per unit), backflow preventers with test ports, reduce pressure zone backflow preventers with test ports, pressure vacuum breaker with chemical injector, steam boilers, hot water boilers (excluding those for domestic water heating), active solar systems, interceptors, fuel oil piping (other than R-3 and R-5), L.P. tanks (under 2,000 gallons), or similar devices, the fee shall be as follows:
[Amended 7-21-2015 by Ord. No. 01-2015]
(a) 
Per fixture and appliance: $65 for R-3 and R-5 Residential.
(b) 
Per fixture and appliance: $100 for all other groups.
3. 
Air Condition: The installation of air condition for R-3 and R-5, the fee shall be as follows:
[Amended 7-21-2015 by Ord. No. 01-2015]
(a) 
Per unit: $40.
4. 
Gas Piping: The installation of each appliance connected to the gas piping system, the fee shall be as follows:
[Amended 7-21-2015 by Ord. No. 01-2015]
(a) 
Per fixture and appliance: $15.
5. 
Fuel Piping: The installation of oil lines for R-3 and R-5, the fee shall be as follows:
[Amended 7-21-2015 by Ord. No. 01-2015]
(a) 
Per fixture and appliance: $45.
(b) 
Each additional unit connected to the same fuel oil lines, the fee shall be as follows:
(1) 
Per fixture and appliance: $15.
6. 
Annual Backflow Certification: The minimum fee for annual backflow certification shall be as follows:
[Amended 7-21-2015 by Ord. No. 01-2015]
(a) 
Per device: $75.
7. 
Lawn Irrigation: The installation of a PVB (pressure vacuum breaker), backflow preventer without chemical injectors, the fee shall be as follows:
[Amended 7-21-2015 by Ord. No. 01-2015]
(a) 
Per device: $50.
(b) 
Per device (commercial): $75.
8. 
Modular and Premanufactured Structures: The construction permit is based on the estimate cost of the plumbing tech, external utilities connections and HVAC system, the fee shall be as follows:
[Amended 7-21-2015 by Ord. No. 01-2015]
(a) 
Per structure: $25 per $1,000.
9. 
Septic Tank Abandonment: The fee for abandonment of a septic tank shall be as follows:
(a) 
Per tank: $65.
10. 
L.P. Tanks on Construction Sites: The fee for temporary L.P. tanks on construction sites shall be as follows:
DOT tanks:
1 to 10 tanks
$65
10 to 20 tanks
$130
Over 20 tanks
$195
ASME tanks: per tanks
$65
c. 
Electrical Subcode Fees. The fee for a permit to install electrical work under the provisions of the electrical subcode shall be in accordance with the State Fee Guidelines.
d. 
Fire Protection Subcode Fees.
[Amended 7-21-2015 by Ord. No. 01-2015]
1. 
Standpipes/Risers (each): $275.
2. 
Sprinkler Heads or Detectors.
1 to 20
$100
21 to 100
$150
101 to 200
$289
201 to 400
$749
401 to 1,000
$1,323
3. 
Fire Alarms, Detectors.
1 to 12
$50
Each additional group of 25
$20
4. 
Fire Pumps.
0 to 1,250 GMP
$275
Over 1,250 GMP
$350
5. 
Independent Pre-Engineered Systems: $125.
6. 
Spray Booths/Dipping Tanks (each): $125.
7. 
Tank Removal/Abandon.
Residential (each)
$65
Commercial (each)
$200
8. 
Tank Installations.
Residential (each)
$65
Commercial (each)
$200
9. 
Fuel Dispensing Units.
Per island (up to 3 units in group)
$200
10. 
Gas or Oil Fired Appliances.
Residential
$50
Commercial
$100
11. 
Combustion Air.
Residential
$46
Commercial
$75
12. 
Kitchen Exhaust Systems.
Residential (per hood)
$35
Commercial (per hood)
$125
13. 
Woodstoves, Fireplaces and O'Clear Chimneys.
Residential for R-3 and R-5 (each)
$65
All other groups (each)
$125
14. 
Incinerators/Crematoriums (each): $460.
15. 
Smoke Control System: $250.
16. 
Minimum Fire Subcode Plan Review/Inspection Fee.
R-3 and R-5
$65
All other groups
$100
e. 
Administrative, Miscellaneous Fees and General Provisions.
1. 
The fee for plan review shall be 20% of the amount to be charged for the construction permit. It shall be applicable to all subcodes and fees listed herein except as noted and shall be paid at the time of granting the permit.
(a) 
Plan review fees are not refundable.
(b) 
Permit and other fees listed herein which do not incorporate charges for plan review shall include but are not limited to the following: roofing, re-roofing, siding and demolition under the building subcode, sewer and water service installations under the plumbing subcode, fees charged for routine and periodic inspection and certification under the elevator subcode and as determined by the Construction Official.
2. 
The fee for each construction permit issued for an asbestos hazard abatement project shall be in accordance with Section 5:23-8.9 of the Regulations (N.J.A.C.).
3. 
Certificates:
(a) 
The fee for a certificate of occupancy, certificate of continued occupancy, certificate of occupancy granted pursuant to a change of use group shall be $6 for all buildings and structures of Use Groups R-3 and R-5 and shall be $15 for all other use groups.
[Amended 7-21-2015 by Ord. No. 01-2015]
(b) 
There shall be no fee for a certificate of approval or certificate of compliance.
(c) 
The fee for a certificate of occupancy issued following the successful completion of an asbestos hazard abatement project shall be as provided by Section 5:23-8.9 of the Regulations (N.J.A.C.).
4. 
The fee to process an application for a variation shall be $75 per subcode for buildings of Use Groups R-3 and R-5 and accessory structures for single family residential uses: $250 per subcode for all other use groups.
5. 
In the event of a private on-site inspection and plan review agency is designated to carry out the enforcement of one or more of the subcodes in the municipality, for the purpose of computing fees, except miscellaneous and administrative fees, the provisions of N.J.A.C. 5:23-4.18(k) shall apply.
The minimum fee for each technical subcode section, except elevator, shall be $50.
[Ord. No. 6-83 § II; Ord. No. 3-86 § 1]
Electrical inspections shall be performed by a duly licensed and qualified electrical inspector, as appointed by the Governing Body of the Borough of Farmingdale, in accordance with the provision of this section and the Uniform Construction Code of the State of New Jersey.
[1]
Editor's Note: Former subsections 10-1.7, Biannual Report of Construction Official; 10-1.8, Surcharge Fee on New Construction and 10-1.9, Fire Limits, previously codified herein and containing portions of Ordinance No. 151, §§ 1 - 3 were repealed in their entirety by Ordinance No. 00-02.
[Ord. No. 1-80 § I; New]
A property owner or contract purchaser of a new residential building shall make application to the Construction Official for a certificate of occupancy for a residential structure.
[Ord. No. 1-80 § II; New]
Within 10 business days of the filing of the application the Construction Official shall inspect the residence and certify in writing to the applicant that the structure complies with the applicable provisions of the Borough Zoning Code and the Uniform Construction Codes of the State of New Jersey, or shall specify discrepancies and nonconformities, if any, which must be corrected before an unconditional certificate of occupancy will be issued.
[Ord. No. 1-80 § III]
The inspection shall be conducted to determine structural safety and zoning compliance only for the purpose of obtaining governmental mortgage insurance and shall not be relied upon by any person or agency for any other purpose.
[Ord. No. 1-80 § IV; New]
Applications shall be submitted upon forms supplied by the Construction Official together with a fee stated in subsection 10-1.5e, payable to the Borough Treasurer. The fee for each subsequent inspection for the same application shall be as stated in subsection 10-1.5e.
[1]
Editor's Note: Former subsection 10-4.5, Appeals, previously codified herein and containing portions of Ordinance No. 1-80, was repealed in its entirety by Ordinance No. 00-02.
[Added 7-9-2019 by Ord. No. 05-2019]
Upon the filing of a completed rental registration form, payment of the prescribed fee, and a satisfactory inspection, the owner shall be entitled to the issuance of a certificate. Said certificate shall expire on December 31 of each year, or in the event of a change in tenancy or ownership. A certificate shall be issued to the owner for each rental unit, even if more than one rental unit is contained in the property. The certificate of occupancy is only valid for 90 days after inspection if a tenant is not already assigned to the premises.
Refer to § 2-58.2c.
The Code Enforcement Official, or designee, shall make inspections to determine the conditions of dwellings, dwelling units, rooming units and premises located within the Borough. For the purpose of making inspections, the Code Enforcement Official, or designee, are authorized to enter and examine any dwelling, dwelling unit, rooming unit or premises at such reasonable hours as the circumstances of the case permit. This section shall not be construed to prohibit the entry of any such officials or their designee at any time when an actual emergency exists which tends to create a danger to public health or safety or at any time when an inspection is requested by the owner or occupant.
Upon presentation of proper identification, the owner, occupant or person in charge of a dwelling, dwelling unit, or rooming unit shall give the Code Enforcement Official, or designee, free access to the premises for the purpose of inspection or making any repairs or alterations which are necessary to effect compliance.
Any person who violates any provision of this chapter shall be liable to a fine not exceeding $1,000 per week. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this chapter. Failure to register each rental unit shall result in additional fines not to exceed $50 per day.
[Ord. 11/16/93 § 1]
The intention of this section is to apply retroactively and include existing lots and buildings as well as those created after the effective date of this section.
[Ord. 11/16/93 § 2]
All buildings, including residences and lots of land established within the Borough shall be subject to being numbered for proper identification, especially for reasons of expedience in fire, police and medical emergencies.
[Ord. 11/16/93 § 3]
The Postmaster of the Farmingdale Post Office is hereby authorized to designate a system of numbering such lots for proper identification.
The Postmaster is further authorized to assign numbers to buildings erected upon such lots for proper identification.
[Ord. 11/16/93 § 4]
The property owner shall apply to the Postmaster to obtain the number assigned to the owner's building, and upon making such application, the Postmaster shall issue to the applicant the number assigned to his building. Thereupon, the owner shall affix and display upon the main building the assigned number in numerical or written (English) fashion.
No number shall be placed upon any building for the purpose of this section, unless said number shall be that number which has been assigned under the authority of this section.
In the absence of an application, the Postmaster is empowered to notify the property owner of the number assigned to his building, and it shall be the obligation of the owner to affix and display the number in accordance herewith and maintain the numbers at all times.
[Ord. 11/16/93 § 5]
The size of the number required to be affixed and displayed shall not be less than three inches in height and shall be numerical or written (English) style. It shall be placed in a conspicuous location upon the street-facing portion of the main building at a location thereon to provide a clear and legible identification of the building.
Where possible, the number shall be placed so as to be illuminated by existing outside lighting. Where building is so situated as to prevent the unaided eye from reading the number affixed thereto from the street, the number shall be displayed on an appropriate marker, post or on the mailbox adjacent to the driveway or walkway leading to said building.
[Ord. No. 2010-06]
The purpose of this section is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Farmingdale so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2010-06]
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.
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 Borough of Farmingdale or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 2010-06]
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
a. 
Already meets the design standard below to control passages of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in subsection 10-17.4 below prior to the completion of the project.
[Ord. No. 2010-06]
Storm drain inlets identified in subsection 10-17.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 10-17.4c below.
a. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
1. 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2. 
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
b. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
c. 
This standard does not apply:
1. 
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2. 
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(a) 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inch.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars; or
4. 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. No. 2010-06]
The administrative and enforcing authority for the provisions of this section shall be the Code Enforcement Officer, Construction Code Officials, Licensed Water/Sewer Operator, Health Officer, Officer with the State Police Department, Zoning Officer or any other duly appointed official of the Borough of Farmingdale.
[Ord. No. 2010-06]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the penalties as specified in the Revised General Ordinances of the Borough of Farmingdale, Section 1-5 entitled "General Penalty" for each storm drain inlet that is not retrofitted to meet the design standard.