§ 12-10. Fees.

A. 

The nonrefundable fee for plan review shall be 20% of the amount to be charged for the construction permit and shall be paid at the time of submission of an application for a permit. The amount paid for this fee shall be credited toward the amount of the fee to be charged for the construction permit. The minimum plan review fee shall be equal to 20% of the minimum fee for the construction permit.

B. 

The fee for a construction permit shall be the sum of the subcode fees listed in Subsections B(1) through (13) hereof and shall be paid before the permit is issued. Fees shall be rounded to the nearest dollar amount. Whenever the Borough has a contract with an on-site agency or a plan review agency, an administrative surcharge of 15% of the relevant subcode permit fees shall be imposed.

(1) 

The Building Subcode fee shall be:

(a) 

For a new building or structure $0.039 per cubic foot of volume for buildings and structures, provided that the minimum fee shall be $200.

[Amended 8-12-1992 by Ord. No. 92-10R; 4-11-2001 by Ord. No. 01-04R; 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

(b) 

For renovations, alterations and repairs: $39 per $1,000 of the estimated cost of the work. The minimum fee shall be $80.

[Amended 10-10-1990 by Ord. No. 90-11R; 8-12-1992 by Ord. No. 92-10R; 4-11-2001 by Ord. No. 01-04R; 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

(c) 

For additions: the same basis as for new construction for the added portion, provided that the minimum fee shall be $200.

[Amended 8-12-1992 by Ord. No. 92-10R; 4-11-2001 by Ord. No. 01-04R; 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No. 10-02R]

(d) 

For combinations of renovations and additions: the sum of the fees computed separately as renovations and additions.

[Amended 4-11-2001 by Ord. No. 01-04R]

(e) 

The fee for the construction of a swimming pool shall be as follows:

[Amended 4-11-2001 by Ord. No. 01-04R]

[1] 

In-ground pools:

[a] 

From $1 to $2,500 valuation: $100.

[b] 

From $2,501 to $5,000 valuation: $200.

[c] 

From $5,001 to $10,000 valuation: $400.

[d] 

Above $10,000: $500.

[e] 

Electrical: $225 (bonding & grid).

[Amended 4-21-2010 by Ord. No. 10-02R]

[f] 

Plumbing: $70.

[Added 4-21-2010 by Ord. No. 10-02R]

[2] 

Aboveground pools:

[Amended 4-21-2010 by Ord. No. 10-02R]

[a] 

One-dollar valuation and up: $100.

[b] 

Electrical: $120 (bonding & grid).

[c] 

Plumbing: $70.

(f) 

For retaining walls:

[Amended 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

[1] 

Retaining walls: $39 per $1,000 of the estimated cost of the work, provided that the minimum fee shall be $80.

(g) 

For purposes of determining estimated cost, the applicant shall submit to the Department such cost data as may be available produced by the architect or engineer of record or by a recognized estimating firm or by the contractor. A bona fide contractor's bid, if available, shall be submitted. The Department shall make the final decision regarding the estimated cost.

(h) 

In the event there are structural changes to plans previously reviewed and released by the Building Department, there will be a fee for the review of those changes at $55 per hour.

[Added 8-12-2008 by Ord. No. 08-11R]

(2) 

The Plumbing Subcode fees shall be:

[Amended 12-27-1991 by Ord. No. 89-18RA; 8-11-1993 by Ord. No. 93-15R; 4-11-2001 by Ord. No. 01-04R; 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No. 10-02R]

(a) 

$25 per fixture, appliance and piece of equipment connected to the plumbing system, including but not limited to lavatories, kitchen sinks, slop sinks, sinks, urinals, water closets, bathtubs, shower stalls, laundry tubs, floor drains, drinking fountains, dishwashers, garbage disposals, clothes washers, hot-water heaters or similar devices.

[Amended 9-4-2018 by Ord. No. 18-16R]

(b) 

$150 per sewer or water connection or utility service connection.

(c) 

$70 per special device, such as grease traps, oil separators, water-cooled air-conditioning units, refrigeration units, backflow preventers, steam boilers, hot-water boilers (excluding those for domestic water heating), gas piping, gas service entrances, active solar systems, sewer pumps, interceptors and fuel oil piping.

(d) 

Septic system repair: $150.

(e) 

Sewer capping: $125.

[Amended 9-4-2018 by Ord. No. 18-16R]

(f) 

Water capping: $125.

[Amended 9-4-2018 by Ord. No. 18-16R]

(g) 

The minimum subcode fee shall be $80.

[Amended 9-4-2018 by Ord. No. 18-16R]

(3) 

The Electrical Subcode fees shall be:

(a) 

Receptacles or fixtures: One to 50 is $80. Each 25 receptacles or fixtures in addition: $25. Receptacles or fixtures shall include lighting outlets, wall switches, fluorescent fixtures, convenience receptacles or similar fixtures and motors or devices of less than one horsepower or one kilowatt. The minimum fee shall be $80.

[Amended 4-11-2001 by Ord. No. 01-04R; 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

(b) 

For each motor or electrical device greater than one horsepower and less than or equal to 10 horsepower and for the transformers and generators greater than one kilowatt and less than or equal to 10 kilowatts: $80; 150 amperes: $100.

[Amended 4-11-2001 by Ord. No. 01-04R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

(c) 

For each motor or electrical device greater than 10 horsepower and less than or equal to 50 horsepower and for each service panel, service entrance or subpanel less than or equal to 200 amperes and for all transformers and generators greater than 10 kilowatts and less than or equal to 45 kilowatts: $125.

[Amended 4-11-2001 by Ord. No. 01-04R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

(d) 

For each motor or electrical device greater than 50 horsepower and less than or equal to 100 horsepower, and 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: $457.

[Amended 4-11-2001 by Ord. No. 01-04R]

(e) 

For each motor or electrical device greater than 100 horsepower, and for each service panel, service entrance or subpanel greater than 1,000 amperes and for each transformer or generator greater than 112.5 kilowatts: $574.

[Amended 4-11-2001 by Ord. No. 01-04R]

(f) 

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.

(g) 

The term "service panel" shall include service conductors, feeders, switches, switchboards and panel boards.

(h) 

The minimum electrical subcode fee shall be $80.

[Amended 4-11-2001 by Ord. No. 01-04R; 11-13-2006 by Ord. No. 06-23R; 12-12-2006 by Ord. No. 06-33R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

(i) 

All other equipment shall be at an additional fee of $25, i.e., air-conditioning equipment, kitchen equipment, attic fans and sump pumps

[Added 4-11-2001 by Ord. No. 01-04R; amended 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

(j) 

Alarm: $125, commercial; $80, residential.

[Added 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

(k) 

Data:

[Added 4-21-2010 by Ord. No. 10-02R; amended 9-4-2018 by Ord. No. 18-16R]

[1] 

Commercial, one to 50: $125. Each additional 25 contacts: $50.

[2] 

Residential, one to 50: $80. Each additional 25 contacts: $25.

(4) 

The Fire Protection Subcode fees shall be:

[Amended 4-11-2001 by Ord. No. 01-04R]

(a) 

The fee for installing an oil tank or replacement shall be $65 per 1,000 gallons of capacity.

[Amended 4-21-2010 by Ord. No. 10-02R]

(b) 

The fee for installing a furnace or heat-producing device shall be $70 per device.

[Amended 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No. 10-02R]

(c) 

Heads and detectors.

[Amended 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

[1] 

The fee for 20 or fewer heads or detectors shall be $80, except for one- and two-family residences (Use Group R-5 of the Building Code); the fee for five or fewer smoke detectors shall be $80.

[2] 

For 21 to and including 100 heads or detectors, the fee shall be $168.

[3] 

For 101 to and including 200 heads or detectors, the fee shall be $321.

[4] 

For 201 to and including 400 heads or detectors, the fee shall be $831.

[5] 

For 401 to and including 1,000 heads or detectors, the fee shall be $1,150.

[6] 

For over 1,000 heads or detectors, the fee shall be $1,469.

[7] 

In computing fees for heads and detectors, the number shall be counted separately, and two fees, one for heads and one for detectors, shall be charged.

(d) 

The fee for standpipes shall be $321 per standpipe.

[Amended 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

(e) 

The fee for installation of a gasoline fuel tank, replacement or demolition shall be $500.

[Amended 4-21-2010 by Ord. No. 10-02R]

(f) 

The fee for installing a premanufactured fire-suppression system shall be $129.

[Amended 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

(g) 

The fee for installing a gas- or oil-fired appliance not connected to the plumbing system shall be $65.

[Amended 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No. 10-02R]

(h) 

The fee for installing a kitchen exhaust system shall be:

[Amended 4-21-2010 by Ord. No. 10-02R]

[1] 

Residential: $60.

[2] 

Commercial: $125.

(i) 

The minimum subcode fee shall be $80.

[Amended 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

(5) 

The Mechanical Subcode fees shall be:

(a) 

The fee for installation of air systems shall be $0.001 per cubic foot of heated volume.

(b) 

The fee for installation of water or steam systems shall be $5 per heat dispensing device.

(c) 

The fee for installing an independent preengineered system shall be $65 each.

(d) 

The minimum subcode fee shall be $80.

[Amended 4-11-2001 by Ord. No. 01-04R; 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

(6) 

The Energy Subcode fee shall be: no fee.

(7) 

The Barrier-Free Subcode fees shall be: no fee.

(8) 

The Asbestos Hazard Abatement Subcode fees shall be $50.

(9) 

Demolition:

[Amended 4-11-2001 by Ord. No. 01-04R; 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No. 10-02R]

(a) 

The fee for a demolition or removal permit shall be $1,000 for a structure of less than 5,000 square feet in area and less than 30 feet in height for one- and two-family residences (Use Group R-5 of the Building Code) and $2,000 for all other use groups. Demolition of all other residential accessory structures such as, but not limited to, decks, sheds, swimming pools (both in-ground and aboveground): $100.

(b) 

Oil tank demolition and/or abandonment: $80.

[Amended 9-4-2018 by Ord. No. 18-16R]

(10) 

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 $35 per $1,000 of the sum of the estimated cost of moving the building or structure, and all work necessary for placement in completed condition in the new location, plus $0.01 per cubic foot of volume for the new part of the building or structure, provided that the minimum fee shall be $1,000.

[Amended 4-21-2010 by Ord. No. 10-02R]

(11) 

The fee for a permit to construct a sign shall be $4 per square foot of surface area of the sign, provided that the minimum fee shall be $80. In the case of double-faced signs, the area of the surface of only one side of the sign shall be used for purposes of the fee computation. No fee shall be charged for traffic control signs required by the Joint Planning Board and Zoning Board of Adjustment.

[Amended 4-11-2001 by Ord. No. 01-04R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

(12) 

The fee for a permit for installation of an elevator shall be $200 per elevator.

(13) 

Any fees which are not specifically provided for herein, including annual construction permits, shall be the same as provided in N.J.S.A. 5:23-4.20.

(14) 

Whenever an application for a permit is amended for whatever reason, the permit fee shall be recomputed on the basis of the amended application, and the difference in the fees shall be paid, with a minimum additional fee for processing such amendment of $50.

[Amended 4-21-2010 by Ord. No. 10-02R]

(15) 

If a permit has expired, the renewal fee shall be 50% of the original permit fee. The minimum fee shall be $80 per subcode.

[Amended 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]

(16) 

Whenever work shall have started without the necessary permit having been obtained, a late permit fee of 100% of the fee for the required permit shall be paid in addition to any fine, penalty or injunctive relief otherwise fixed by law.

(17) 

No refund shall be given to an applicant after 30 days from the issuance of a permit. Between the issuance of a permit and the end of the 30 days, the Construction Code Official may, in his/her sole discretion, determine that the Borough shall retain 20% of the cost of the permit paid for plan review.

[Amended 4-21-2010 by Ord. No. 10-02R]

(18) 

Penalties. All moneys collected shall be subject to the penalty provisions of the Uniform Construction Code. All penalties collected shall be retained by the Borough in a special trust account for the training, technical support programs, certification, new equipment and transportation.

[Added 4-21-2010 by Ord. No. 10-02R]

Editor’s Note: This ordinance also redesignated former Subsection B(18) through (21) as Subsection B(19) through (22), respectively.

(19) 

The fee for variation applications shall be:

[Amended 4-21-2010 by Ord. No. 10-02R]

(a) 

Class I structure: $400 per submission.

(b) 

All other classes of structures: $100 per submission.

Editor's Note: Former Subsection B(19), pertaining to inspections performed outside normal business hours, which immediately followed this subsection, was repealed 11-13-2006 by Ord. No. 06-23R, which ordinance also renumbered former Subsections B(20) through B(22) as B(19) through B(21).

(20) 

The fee for certificates of occupancy shall be:

(a) 

The fee for a certificate of occupancy for new construction and for renovation or repairs shall be in the amount of 10% of the new construction permit fee which would be charged by the Department pursuant to this chapter, and the minimum fee shall be $100, except for fences, walls or other unspecified construction which shall have a minimum fee of $10.

[Amended 4-11-2001 by Ord. No. 01-04R; 4-21-2010 by Ord. No. 10-02R]

(b) 

The fee for a temporary certificate of occupancy shall be $25.

(c) 

The fee for a certificate of continued occupancy shall be $75.

(d) 

The fee for a certificate of occupancy granted pursuant to a change of use shall be $150.

[Amended 4-11-2001 by Ord. No. 01-04R]

(e) 

The fee for a multiple certificate of occupancy shall be $10 per unit and a minimum of $100.

[Amended 4-21-2010 by Ord. No. 10-02R]

(f) 

Any fees under this subsection shall be paid before any certificate of occupancy is issued.

(21) 

The fee for certificates of approval certifying that the work done under a construction permit has been satisfactorily completed (including inspection fees) shall be: no fee.

[Amended 4-11-2001 by Ord. No. 01-04R]

(22) 

The fee for certificates of continued approval certifying the satisfactory reinspection of equipment requiring periodic inspection shall be as follows, payable prior to issuance of the certificate:

(a) 

Signs: $25 each.

(b) 

Elevators: $75 each.

(c) 

Cross-connections and backflow preventions: $50 each.

(23) 

Whenever there shall be a change of contractor: $55.

[Added 9-4-2018 by Ord. No. 18-16R]

C. 

The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and Council biannually a report recommending a fee schedule based on the operating expenses of the agency and other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code.

D. 

The fees contained in this section shall not apply to the Borough of Fanwood itself.

E. 

No fee shall be charged for any newly constructed residential development which is to consist entirely of units legally restricted to occupancy by households of low or moderate income.

[Added 12-27-1989 by Ord. No. 89-18RA]

F. 

Notwithstanding anything herein contained in this section, or the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), to the contrary, 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 a disabled person to an existing public or private structure or any of the facilities contained therein.

[Added 11-5-1999 by Ord. No. 99-10R; 7-13-2010 by Ord. No. 10-10R]

(1) 

A disabled person, or a parent or sibling of a disabled person, shall not be required to pay any Borough fee or charge in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to the disabled person's own living unit.

(2) 

For purposes of this subsection, "disabled person" shall mean a person who has the 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 U.S.C. § 416), or the Federal Railroad Retirement Act of 1974 (45 U.S.C. § 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 acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less.

(3) 

Any person claiming to be disabled, or the parent or sibling of a disabled person, as set forth in Subsection F(2) above, shall provide to the Construction Official an affidavit certifying that the person is disabled as fully described above. The Construction Official may, at his or her option, require a person claiming to be disabled within the context of this subsection to produce a statement from a doctor certifying that such person does satisfy the definition contained herein.

G. 

Waiver of certain fees due to damage caused by Hurricane Sandy and the northeaster of November 7, 2012.

[Added 12-18-2012 by Ord. No. 12-16R]

(1) 

Notwithstanding anything herein contained in this section to the contrary, no person shall be charged a construction permit fee or enforcing agency fee in an amount which is greater than $25 for any construction, reconstruction, alteration or improvement which is designed and undertaken solely to repair damage to the applicant’s home in the Borough caused by Hurricane Sandy and/or the succeeding northeaster, which took place on November 7, 2012, (collectively the "2012 storms"), and which caused widespread damage to homes in the Borough between October 29, 2012, and November 11, 2012. Each application for a building permit shall be considered a separate instance for which the limit of $25 shall apply. Each applicant shall still be responsible for payment of any and all New Jersey State permit fees.

(2) 

Any person seeking a limitation on the fees to be paid pursuant to Subsection G(1) above shall make application to the Construction Official on a form to be prepared by the Construction Official. The Construction Official shall be the sole determiner as to whether the damage sought to be repaired was caused by one or both of the 2012 storms, either directly or indirectly, and this determination shall be applied liberally by the Construction Official in favor of the applicant.

(3) 

Any person seeking relief pursuant to this Subsection, § 12-10G, shall make application to the Construction Official on or before May 1, 2013, and shall complete all such repairs on or before October 31, 2013. The Construction Official shall not grant any extensions of any of the times set out in this paragraph.

(4) 

Any person who seeks relief pursuant to this section and satisfies the requirements of the Section, but makes payment of the applicable construction Permit fee or enforcing agency fee in excess of $25 (excluding the New Jersey State permit fees) prior to the date when this section takes effect, shall be entitled to a refund of the amount over the $25, so long as the Construction Official certifies that the work involved was caused by one or both of the 2012 storms.

(5) 

This § 12-10G shall expire on November 1, 2013.

Amended 12-14-1988 by Ord. No. 88-24RA; 12-27-1989 by Ord. No. 89-18RA