Engineering, Construction, Zoning, & Planning Board

sewerThe Borough Engineer is required to be a licensed professional engineer in the state of New Jersey. Appointed by the Mayor and Council, the engineer provides technical services to many other Borough Departments and to municipal boards such as the Planning Board. State law requires that municipal infrastructure improvements such as roads, sewers, culverts, ets., be designed by a licensed professional engineer. Some of the duties of the Borough Engineer include review and inspection of drywells and storm water systems, review of retaining wall designs, review of Planning Board and Zoning Board of Adjustment site plans, municipal infrastructure improvements, and review all zoning calculations sheets for compliance with state and local resolutions. Any additions to homes or other buildings must first be reviewed and approved by the Borough Engineer for Zoning Compliance prior to obtaining a construction permit. Meetings with the Borough Engineer can be arranged by calling Public Works.

Construction Department

houseThis department administers all construction within the Borough. It issues building permits for residential, commercial, and industrial construction within the municipality. After plans have been reviewed and accepted, and the appropriate permits have been issued, inspections are performed to insure that all construction is in accordance with the Uniform Construction Code of New Jersey and its adopted codes. It is also the responsibility of this department to issue violations and fines when warranted and Certificates of Approvals and Occupancy upon final inspections and approval of all projects. All these activities are recorded, tabulated and reported to the State on a monthly basis.

  • When is a permit required?

    A permit is generally required if an individual wishes to construct, enlarge, alter or demolish a structure. Included in this category are those projects which change any existing structure or add to that structure, such as the following:

    • Sheds
    • Deck or pool
    • Addition to a house
    • Garage or fence (over 4 feet in height or any fence around a pool)

    A construction permit is also required to do the following:

    • Any change in lot coverage
    • Replace siding or roofing
    • Additions/changes to plumbing system
    • Install a new water heater, furnace or fireplace
    • Install additional electrical receptacles, outlets, or lighting
    • Lawn sprinklers, alarm systems
    • Repair or replace any structural member, such as increasing the size of a window


    The following projects are examples of ordinary repairs which DO NOT require a permit:

    • Replacing gutters
    • Installing, repairing or replacing any interior trim in a one or two-family dwelling.
    • Repaving existing driveway if no change in size or lot coverage
  • How do I apply for a permit?

    The required documentation for a construction permit includes:

    • Permit Application
    • Construction Plans
    • Plot Plan
    • Engineering Department Release and all other required prior approvals
    • (Grading Plan, if required)

    An application for permit is available from the Construction Department, located in the Borough Hall. Along with the completed application, the applicant must submit 3 copies of the construction plans. These drawings may be done by the applicant for his own single-family dwelling or by a New Jersey licensed architect or engineer. A building contractor is not permitted to do the drawings unless he is licensed as an architect or engineer.

    All contractors are required to be licensed by the New Jersey Department of Consumer Affairs and must provide proof of registration to the Construction Department in order to file and receive a construction permit.

    An applicant must also submit a current plot plan for an addition, fence (over 4 feet in height) or pool. The plot plan should indicate:

    • All existing and proposed structures on the property
    • The distances to the lot lines, septic system or sewer lines, if known
    • The location of any easements
  • What is a permit?

    A construction permit represents legal permission to begin a construction project. The issuance of a permit indicates that plans for a project have been approved by Mountainside Borough officials and have complied with the Uniform Construction Code and Borough Zoning Ordinance.

  • The Permit Process

    Step 1: The borough Zoning Officer completes the zoning review.

    Step 2: The required documents are submitted to the Construction Department, Grading Plan (if required) is to be submitted directly to the Engineering Department by the applicant.

    Step 3: After the Zoning and Engineering approval, the documents are reviewed by the building, electrical, plumbing, and fire subcode officials for completeness and code conformance. This process may take up to twenty working days. If the documents do not comply with the Uniform Construction Code, the applicant will be notified of the violations and required to correct and resubmit the documents for further review. Applicant must contact Engineering Department directly for any comments to the Grading Plan (if required).

    Step 4: The permit is issued indicating that legal approval has been given to begin the construction project.

    State law mandates that the Construction Official issue a fine of up to $2,000 to any person who performs work without a permit.

  • Inspections during construction

    Building Subcode Inspection

    Note: No building inspection will be made prior to any required plumbing or electrical inspection approval.

    • Bottom of footings prior to placement of concrete
    • Reinforcement prior to placement of concrete
    • Foundations and all walls prior to backfilling
    • Floor slab(s) prior to placement of concrete
    • Rough inspection which includes all structural walls, floors and roofs prior to covering with finish or infill materials. This inspection shall be called for after rough plumbing and electrical approvals have been obtained
    • Insulation inspection prior to installation of finish materials
    • Final inspection which includes equipment, final connections and all finish materials
    • Rated assemblies

    Electric Subcode Inspections

    • Rough electric under concrete slab prior to backfill and placement of concrete
    • Rough electric which includes outlet spacing, type of box and size, wire size and grounding prior to covering with finish or infill materials
    • Service which includes panel(s) wire size, groundings and over current protection
    • Final inspection which includes devices, fixtures, appliances, GFI requirements after installation of finish materials and utilization equipment

    Plumbing Subcode Inspections

    • Rough plumbing under concrete slab prior to backfill and placement of concrete
    • Rough plumbing which includes sanitary piping, water piping, storm drains and radon piping
    • Water service from building to property line or curb line
    • Sewer service from building to property line or curb line or to septic tank
    • Final plumbing which includes piping, trim, fixtures, cross connections, back flow preventors and radon
    • Rough gas piping, requires air test
    • Final gas piping to all appliances requiring gas
    • Final on hydronic heating systems and hot water heaters
    • Final air conditioning on all units manufactured for domestic and commercial cooling

    Fire Subcode Inspections

    • Final inspection which includes a performance test to demonstrate its efficiency of operation and alarms

    For renovations and projects other than new construction, contact the Construction Department for inspection requirements.

  • Obligations during construction

    Inspectors must have 24 hours advance notice and must be able to see the part of construction required to be inspected. Any work which does not conform to the approved plans will require re-inspection. If the work continues without resolving the problem the applicant will be fined and the job stopped.  Applicants are required to post the permit prominently on the site and to keep a copy of the approved plans at the site.  When the project is completed, the applicant must call for final building, electrical, plumbing, and fire inspections. The applicant must also apply for a certificate of occupancy. If the work is approved, a certificate will be issued indicating permission to use the area for the intended purpose. Property must be properly identified: House number conspicuously displayed for viewing from the street and construction placard conspicuously displayed on the building.

Paving Schedule: 2014

  • Pembrook Road
  • Woodland Avenue
  • New Providence Road (Deer Path to Park Drive)
  • Sunny Slope Drive
  • Charles Street (Summit Rd. to Darby Lane)
  • Turnabout Circle
  • Knollcrest Road
  • Ledgewood Road (Rolling Rock to Sunny Slope)
  • Belair Court
  • Chimney Ridge Drive
  • Elston Road (Rolling Rock to Old Grove Rd.)
  • Old Farm Road
  • Holly Hill
  • Darby Lane
  • Sunny View Road

In 2015, Cedar Avenue would be paved if we receive a NJDOT grant. We will probably be notified Fall 2014. No other commitments have been made by Council.

Previously Paved Roads

  • Deerfield Court – 12/2013
  • Wyoming Drive – 10/2013
  • Birch Hill Rd.(New Prov to Bridle Path) – 8/2013
  • Whippoorwill Way – 8/2013
  • Robbie Lane – 5/2012
  • Peach Tree Lane – 7/2011
  • Cherry Hill Road – 7/2011
  • Maple Court – 7/2011
  • Cory Court – 10/2010
  • Glen Road – 6/2010
  • Poplar Avenue – 5/2010
  • Apple Tree Lane – 5/2009
  • Force Drive – 5/2009

Ordinance 1091-2005 restricts road opening permits on streets within 5 years of repaving

Residential Uses

The rental or resale of residential dwellings requires a Certificate of Continued Occupancy (CCO) which includes the smoke detector inspection.  The fee is $240 and the application is available in the Zoning Department located on the second floor of the Borough Hall. Accessory structures such as sheds, pools, and gazebos require certain setbacks from property lines and may also require a building permit. Call the Zoning Department for information. The Borough of Mountainside's property maintenance ordinance requires: 1) The exterior of dwellings be maintained and painted; 2) Premises be kept free from debris, overgrown grass and weeds, the storage of old parked vehicles, and parts and abandoned appliances. The parking of recreational vehicles and commercial vehicles is prohibited unless in an enclosed garage or shielded from view.

Commercial Uses

A Certificate of Occupancy is required prior to the occupancy and commencement of new businesses, office tenants, warehouses and industrial uses.  The fee is $241, which includes verification from the Office of Fire Prevention that the annual fire inspection is current and without outstanding violations.  Applications are available in the Zoning Department.

Zoning Requirements

  • Residential 1 Zone
  • Residential 2 Zone
  • Business
  • Limited Industrial
  • Office Building
Minimum Lot Area 20,000 Square Feet
Minimum Lot Width 110 Ft.
Front Yard Setback 30 Ft.
Rear Yard Setback 30 Ft.
Side Yard Setback 10% of lot width on each side
Maximum Building Height 35 Ft.
Maximum Floor Area Ratio .225
Maximum Building Footprint (foundation area) 15% of lot area
Maximum Ground Projections (porches, decks & roof overhangs) 3.75% of lot
Maximum Lot Coverage (above & driveways, walkway, patios + other impermeable surfaces) 30% of lot
Minimum Lot Area 15,000 Square Feet
Minimum Lot Width 100 Ft.
Front Yard Setback 30 Ft.
Rear Yard Setback 30 Ft.
Side Yard Setback 10% of lot width on each side
Maximum Building Height 35 Ft.
Maximum Floor Area Ratio .225
Maximum Building Footprint (foundation area) 15% of lot area
Maximum Ground Projections (porches, decks & roof overhangs) 3.75% of lot
Maximum Lot Coverage (above & driveways, walkway, patios + other impermeable surfaces) 30% of lot
Minimum Lot Area 3,000 Square Feet
Minimum Lot Width 30 Ft.
Front Yard Setback 5 Ft.
Rear Yard Setback 30 Ft.
Side Yard Setback 10 Ft. on each side
Maximum Ground Projections None
Minimum Lot Area 26,000 Square Feet
Minimum Lot Width 125 Ft. or 200 Ft. along highway
Front Yard Setback 30 Ft.
Rear Yard Setback 30 Ft.
Side Yard Setback 15 Ft.
Maximum Ground Projections 35% of lot area
Minimum Lot Area 30,000 Square Feet
Minimum Lot Width 150 Ft. or 200 Ft. along highway
Front Yard Setback 50 Ft.
Rear Yard Setback 50 Ft.
Side Yard Setback 25 Ft. or 50 ft. near residence
Maximum Ground Projections 25% of lot area