[Amended 5-22-2006 by Ord. No. 2006-09 (997); 8-20-2007 by Ord. No. 2007-12(1023)]
A. Conditional use permits. These permits shall be granted
after approval of the Planning Board in accordance with the procedure
set forth in articles preceding.
B. Zoning permit. When an applicant applies for a construction
permit to construct, alter, modify or repair any building or structure
within the Borough of Lavallette, the Construction Code Official shall
first send the applicant to the Zoning Officer for a zoning permit
in accordance with the following:
(1) The applicant shall supply the Zoning Officer with
all appropriate information necessary to make an informed determination
under this chapter as well as all data required by the State Uniform
Construction Code as to whether the application complies with the
requirements of the land use ordinances of the Borough of Lavallette.
(2) If the Zoning Officer shall determine that said application
conforms in all respects to the requirements of the land use ordinances
he shall issue the Zoning Permit, sign, date and stamp all plans,
and so advise the Construction Code Official.
(3) If the Zoning Officer shall determine that said application
does not conform in all respects to the requirements of the land use
ordinances, he shall note in what respects the application does not
conform and shall deny the application. The Zoning Officer shall notify
the Construction Code Official of such denial, and shall advise the
applicant of his or her right to apply to the Planning Board for an
appropriate remedy.
(4) Upon approval by the Planning Board of the appropriate
action, the Planning Board shall forward a copy of the memorialized
resolution to notify the Zoning Officer that the matter has been satisfactorily
concluded. The Zoning Officer shall issue a zoning permit, sign, stamp
and date all approved plans, and so advise the Construction Code Official.
If the Planning Board shall deny the application, it shall advertise
the denial as required by law and forward a copy of the memorialized
resolution to notify the Zoning Officer that the matter has been denied.
C. Zoning permit application fees.
[Amended 10-17-2016 by Ord. No. 2016-11 (1155)]
(1) A nonrefundable zoning permit application fee of $200 for new construction
or accessory structure shall be submitted, payable to the Borough
of Lavallette.
(2) A nonrefundable zoning permit application fee of $150 for additions
or house lifts, payable to the Borough of Lavallette.
(3) A nonrefundable zoning permit application fee of $250 for the installation
or modification of a bulkhead, payable to the Borough of Lavallette.
(4) A nonrefundable zoning permit application fee of $100 for interior
remodeling, payable to the Borough of Lavallette.
(5) A nonrefundable zoning permit application fee of $25 for pavers,
fence, roofing, siding, and windows, payable to the Borough of Lavallette.
(6) A nonrefundable zoning permit application fee of $50, for curbing,
sidewalks and all other, payable to the Borough of Lavallette.
(7) The name and address of the workman or contractor who is to perform
the work.
D. Lot grading.
[Added 12-4-2017 by Ord.
No. 2017-21(1181)]
(1) A grading plan prepared by a New Jersey licensed professional engineer
shall be certified by the licensed professional engineer and submitted
with all land development applications. The grading plan shall indicate
the following:
(a)
Existing elevations of the subject property within a ten-foot
radius of the property lines of the subject property.
(b)
Proposed grades and elevation for all proposed lot grading,
finished floor elevations and modifications to surface runoff patterns.
(c)
Directions of flow for all stormwater runoff on the subject
lot and from the subject lot.
(d)
Determination as to the impact that proposed construction and
lot regrading will have upon downstream and adjacent properties.
(e)
Methods or provisions to abate or prevent any adverse surface
drainage impacts or conditions to downstream and adjacent lots.
(2) The grading plan in accordance with Subsection
D(1), above, shall be certified by a New Jersey licensed professional engineer and contain the following information:
(a)
The grading plan(s) shall be at a scale of not greater than
one inch equals 50 feet horizontally.
(b)
All natural and artificial watercourses, streams, shorelines,
water boundaries and encroachment lines existing or dedicated on or
adjacent to the tract shall be shown and drainage arrows designating
direction of overland drainage flow on each lot.
(c)
Existing and proposed grading contours at intervals of one foot
throughout the tract, except that, if slopes exceed 5%, an interval
of two feet is permissible. Datum shall be National Geodetic vertical
datum, and the source of datum shall be noted.
(d)
Proposed spot or finished elevation at all property corners
and first floor elevation of all proposed structures or dwellings.
(e)
Grate elevations of all storm inlets on or adjacent to the property.
(f)
The tops of the banks and boundaries of the floodways and flood
hazard areas of all existing watercourses, where such have been delineated,
or the limits of alluvial soil where the boundaries of floodways and
flood hazard areas have not been determined and/or such other information
which are adjacent to or present on the property.
(3) Certificate of occupancy. Prior to the issuance of any certificate
of occupancy to any dwelling, the property owner or developer or the
holder of the building permit shall cause to have the lot grading
plan certified by a New Jersey licensed professional engineer that
the final as-built grading of the lot is in compliance with the approved
grading plan.
(4) Grading standards. All lots shall be graded in accordance with the
following requirements:
(a)
No lot shall be graded or regraded in such a manner as to direct
surface runoff to abutting properties.
(b)
No changes to existing grade will be permitted on the subject
property, either by the addition of soil, sand or fill, or the movement
of existing soil, sand or fill, which causes an increase in the difference
between the subject property and adjacent properties by more than
two inches.
(c)
All swales must be constructed such that the pitch of the swale
directs the flow of runoff toward the street.
(d)
All lots, open spaces and planting areas shall be graded to
secure proper drainage and to prevent the collection of stormwater.
(5) Retaining walls. When no other alternatives exist and natural topography
dictates the use of retaining walls, complete design plans, including
all construction details, design calculations, soil borings and soil
data certified by a New Jersey licensed professional engineer must
be submitted.
(a)
All retaining walls shall be designed such that the height of
the retaining walls shall not exceed 1/5 of the horizontal distance
measured from the base of the retaining wall to any building.
(b)
Retaining walls shall be considered as ground coverage if the
proposed height is under 18 inches above the elevation as measured
at the curb, or as a structure coverage if the proposed height is
over 18 inches above the elevation as measured at the curb.
The governing body, through its designated agents,
shall enforce this act and any ordinance or regulation made and adopted
hereunder. To that end, the governing body may require the issuance
of specified permits, certificates or authorizations as a condition
precedent to the erection, construction, alteration, repair, remodeling,
conversion, removal or destruction of any building or structure; the
use or occupancy of any building, structure or land; and the subdivision
or resubdivision of any land. It shall establish an administrative
officer and offices for the purpose of issuing such permits, certificates
or authorizations; may condition the issuance of such permits, certificates
and authorizations upon the submission of such data, materials, plans,
plats and information as is authorized hereunder and upon the express
approval of the appropriate state, county or municipal agencies; and
may establish reasonable fees to cover administrative costs for the
issuance of such permits, certificates and authorizations. In case
any building or structure is erected, constructed, altered, repaired,
converted or maintained or any building, structure or land is used
in violation of this act, the municipality or an interested party,
in addition to other remedies, may institute any appropriate action
or proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion maintenance or use, to restrain, correct
or abate such violation, to prevent the occupancy of said building,
structure or land or to prevent any illegal act, conduct, business
or use in or about such premises.
[Amended 6-1-1984 by Ord. No. 560]
Any person, firm or corporation that shall be
convicted of a violation of a provision of this chapter shall, upon
conviction whereof by any court authorized by law to hear and determine
the matter, be subject to a fine of no less than $100 and no more
than $1,000, imprisonment not to exceed 90 days or community service
of not more than 90 days, or any combination of fine, imprisonment
and community service, as such court in its discretion may impose.
Each day that such violation exists shall constitute a separate offense.