A.
A certain document, three copies of which are on file in the office of the Municipal Clerk of the Long Beach Township, being marked and designated as the "International Property Maintenance Code 2009," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Long Beach Township in the State of New Jersey for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code 2009 are hereby referred to, adopted and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection B.
B.
Additions, insertions and changes. The International
Property Maintenance Code 2009 is amended and revised in the following
respects:
(1)
Section PM-101.1, page 1, second line, is hereby amended
by the insertion of "Long Beach Township."
(2)
Section PM-106.4, page 3, is hereby amended to read
as follows:
|
PM-106.4 Penalty: Any person who
shall violate a provision of this code shall, upon conviction thereof,
be subject to a fine of not less than $100 nor more than $1,000 or
imprisonment for a term not to exceed 90 days, or both, at the discretion
of the court. Each day that a violation continues after due notice
has been served shall be deemed a separate offense.
|
(3)
Section 111.1 shall be amended to read as follows:
|
111.1 Procedure for Appeal. Any
person directly affected by a decision of the Code Official or a notice
or order issued under this code shall have the right of direct appeal
to the Superior Court of New Jersey, Law Division, Ocean County, by
filing an action in lieu of prerogative writs pursuant to the New
Jersey Rules of Court.
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(4)
The boarding-up of openings on residential or commercial buildings
is specifically prohibited, except under the following conditions:
[Added 11-9-2015 by Ord.
No. 15-50C]
(a)
The use and installation of approved pre-manufactured hurricane
security shutters shall be permitted at any time.
(b)
In the event of a natural disaster, the installation of wood
structural panels shall be permitted no sooner than 72 hours prior
to the predicted weather event and shall be removed no later than
72 hours after the conclusion of the weather event. Should access
to structures be prohibited, the structural panels shall be removed
no later than 72 hours after such restriction is lifted.
(c)
Upon the issuance of an unsafe order by the Code Enforcement
Officer or designee a residential or commercial building shall be
boarded up.
A.
The application for a building permit shall be accompanied
by specifications and plans drawn to scale, with sufficient clarity
and detail dimensions to show the nature and character of the work
to be performed. The Code Enforcement Officer may waive the requirements
for filing plans when the work involved is of a minor nature.
B.
There shall also be filed a plot plan showing to scale
the size and location of all the new construction and all existing
structures on the site, distances from lot lines and structures on
adjoining lots and the established street grades. It shall be drawn
in accordance with an accurate boundary line survey. In the case of
demolition, the plot plan shall show all construction to be demolished
and the location and size of all existing buildings and construction
that are to remain on the site or plot.
C.
Building permits shall be applied for in the first
instance to the Code Enforcement Officer of Long Beach Township, who
shall, where sewer connections are available or where individual septic
systems are permitted, issue a building permit in accordance with
this chapter. After a building permit has been issued, the holder
of such permit may apply to the Township of Long Beach for a sewer
connection permit, which permit shall then be issued by such Township
where the requirements of said Township are satisfied.
D.
No zoning permit shall be issued unless application for the same
is accompanied by a certification from the Township Tax Collector
that no real estate taxes or assessments for local improvements, which
shall include but not be limited to water and sewer payments, are
due or delinquent on the property which is the subject of the application.
[Amended 5-4-2015 by Ord.
No. 15-17C]
E.
Applications for a permit for the installation of a satellite receiving antenna shall be accompanied by a structural drawing prepared by a licensed engineer and/or architect setting forth the proposed size and location of the satellite receiving antenna and all existing structures on the site, distances from lot lines and structures on adjoining lots. No permit for the installation of a satellite receiving antenna shall be issued if the location of the satellite receiving antenna is in violation of any zoning requirements, unless a variance shall first have been granted from the requirements of Chapter 205, Zoning, applicable to the district in which the satellite receiving antenna is to be located.
F.
A zoning permit issued by the Zoning Officer of Long
Beach Township or the Director of the Building and Zoning Department
of Long Beach Township shall be required prior to the issuance of
a construction permit.
[Amended 12-3-2018 by Ord. No. 18-35C]
G.
A demolition permit shall be required before the demolition
of any building located in the Township of Long Beach. A demolition
permit shall also be accompanied by a certification that gas, water,
sewer and electric service to the building to be demolished has been
disconnected.
H.
Interruption of Utility Service.
[Added 3-7-2014 by Ord. No. 14-04C]
(1)
Prior to the issuance of any building permit for construction or
reconstruction of any structure in the Township of Long Beach where
the builder, developer or contractor may seek the disruption, disconnection
or discontinuance of utility service, either temporarily or otherwise,
from any public utility, including, inter alia, and without limitation,
water service, sewer service, electric service, gas service, telephone
service, or television cable service, the builder, developer or contractor
shall provide to the Building Department a detailed explanation on
a form to be provided by the Building Department explaining in detail
why such disconnection or interruption of utilities is necessary and
providing in detail what steps the builder, developer or contractor
has taken to avoid the necessity of such disruption of utility service.
The form shall be known as the "Waiver Form."
[Amended 4-4-2014 by Ord. No. 14-10C]
(2)
The waiver form provided by the Building Department shall be executed
by the applicant, builder, developer or contractor setting forth the
required information under the penalties of perjury for any false
information therein contained. A copy of the waiver form shall be
executed by the owner or owners of every property whose utilities
are to be disrupted or disconnected from utility service acknowledging
that they have been contacted concerning the disruption or disconnection
of the utility service and do not object thereto. The acknowledgement
contained in the waiver form shall also state that all property owners
whose utilities may be interrupted or disconnected have been advised
that the applicant is prepared to provide substitute utilities during
such period of interruption. The waiver form shall also advise all
property owners whose utilities may be interrupted that the applicant
is prepared to provide substitute utilities during such period of
interruption.
[Amended 4-14-2014 by Ord. No. 14-10C]
(3)
If the applicant seeking disruption, disconnection or discontinuance
of any utility is unable to provide the executed waiver form called
for in the preceding subsection, the permit may still be issued upon
the applicant providing proof by affidavit, duly notarized, that:
(a)
The required form was mailed, certified mail, return receipt
requested, or equivalent, to the owner of every structure whose utilities
are proposed to be disrupted or disconnected at the owner's address
as shown on the tax rolls of the Township of Long Beach.
(b)
The mailing required in Subsection H above shall have contained a self-addressed, postage-paid envelope for the return of the requested waiver form.
(c)
The mailing was postmarked not less than 20 days prior to the
application for the permit.
(d)
No response was received from the owner of the structure.
(4)
Upon the presentation of the application containing the two forms
hereinabove mentioned, a permit may be issued by the Long Beach Township
Building Department for construction requiring such disruption, disconnection
or discontinuance of utility service; provided, however, that the
applicant has made every reasonable effort to avoid the necessity
of such disruption, disconnection or discontinuance.
(5)
If, during the course of any construction or reconstruction of any
structure in the Township of Long Beach, the builder, developer or
contractor finds or determines that some utility servicing real property
other than that upon which the construction or reconstruction is being
performed needs to be temporarily disrupted, disconnected or discontinued,
the Building Department may issue a permit to permit the disruption,
disconnection or discontinuance for good cause shown. The permit may
be issued no sooner than five days after application therefor has
been made by the builder, developer or contractor demonstrating that
the temporary disruption, disconnection or discontinuance could not
have been reasonably foreseen prior to the start of construction or
reconstruction and that every reasonable effort has been made to avoid
the requested disruption, disconnection or discontinuance of the affected
utility.
(6)
Appeals.
(a)
Any builder, developer or contractor who shall be aggrieved
by any decision or ruling by the Building Department of the Township
of Long Beach responding to a request for utility disruption, disconnection
or discontinuance may appeal to the Board of Commissioners of the
Township of Long Beach by providing a notice of appeal on a form supplied
by the Building Department of the Township of Long Beach setting forth
in detail the utility or utilities servicing real property other than
that upon which the construction or reconstruction is being performed
and setting forth in detail the reasons for the requested disruption,
disconnection or discontinuance permit and further setting forth in
detail all things done by the builder, developer or contractor to
avoid the necessity of such discontinuance.
(b)
The appeal shall be held by the Board of Commissioners at its
next scheduled regular meeting after proof has been furnished by the
builder, developer or contractor that notice has been served personally
or by certified mail, return receipt requested, or equivalent, on
the owners of all property or properties whose utility or utilities
are to be disrupted, disconnected or discontinued. The notice shall
set forth the time, place and date when the Board of Commissioners
shall consider the appeal.
(c)
The builder, developer or contractor pursuing the appeal may
appear in person or by counsel and present such evidence as he or
she may deem appropriate. Any objector to the appeal may likewise
appear in person or by counsel and present such evidence as he or
she may deem appropriate.
(d)
The Building Department may request the advice of various professionals
appointed by the Township of Long Beach, including, without limitation,
counsel, surveyor and engineer.
(e)
The Board of Commissioners of the Township of Long Beach shall
render its decision on the appeal as soon as the same may practically
be done, after having an opportunity to consider the argument and
evidence presented and having considered and adopted an appropriate
motion.
[Added 9-9-2019 by Ord.
No. 19-21C]
All construction and/or demolition-related activity shall be
permitted between the hours of 7:00 a.m. and 6:00 p.m. on weekdays
and between the hours of 9:00 a.m. and 6:00 p.m. on Saturdays. No
work requiring a permit, excepting in the case of an emergency, shall
be permitted outside of the foregoing time periods or on Sundays or
the following holidays: New Year’s Day; Memorial Day; Fourth
of July; Labor Day; Thanksgiving Day; and Christmas Day.
[1]
Editor's Note: Former § 64-3, Permit fees, was repealed
3-7-2016 by Ord. No. 16-03C.
[Added 9-9-2019 by Ord.
No. 19-21C]
A permit for construction and/or demolition-related
activity shall be conspicuously displayed at the job site during the
progress of work. The permit shall be posted on a temporary post or
in a window on the first floor of the building as it faces the street
or easement. A visible benchmark shall be placed at all new construction
sites.
[1]
Editor's Note: Former § 64-4, Expiration of permit,
was repealed 9-9-2019 by Ord. No. 19-21C.
A.
No oil-fired space heaters or oil- or gas-fired floor
furnaces will be permitted. Further, no furnace or heater of any type
that requires air for combustion shall be allowed where the point
of combustion is below plus ten (+10) feet mean sea level.
B.
All electric comfort heating equipment must be NEMA-approved
(National Electrical Manufacturer's Association) and equipped with
NEMA-approved two-hundred-twenty-five-degree-Fahrenheit, maximum,
cutout controls.
A.
No permit shall be issued except upon written application
specifying the sites from and to which the building is to be moved
and to the route to be followed. If the building is to be moved wholly
over private lands, the permit may be issued by the Code Enforcement
Officer; but if the moving will require the use of any part of any
public street, highway or land, the permit may be issued only by way
of written resolution duly adopted by the Board of Commissioners.
The resolution shall contain conditions which the Board of Commissioners
may deem proper to protect the Township property and the public, including
time limits and a state permit issued by the New Jersey Division of
Motor Vehicles, and may require indemnity by way of bond or other
security.
B.
No resolution shall be effective until or unless the
security has been deposited with the Township Clerk and approved by
the Township Attorney, by his or her endorsement thereon to that effect.
C.
No permit, whether issued by the Code Enforcement
Officer or by the Board of Commissioners, shall be construed to authorize
any invasion of private property nor to make the Township responsible
in any manner for any damage whatsoever, but the owner of the building
and his or her contractor or other persons engaged in the work shall
be liable for any and all damages occasioned to the Township property,
as well as to private property or persons.
D.
The fee for each moving permit shall be collected
by the Code Enforcement Officer when the permit is issued by him or
her or by the Township Clerk when the permit is issued by resolution
as aforesaid. The physical condition of the building to be removed
must comply with this chapter.
A.
A certificate of occupancy shall be obtained from
the Code Enforcement Officer upon:
(1)
The completion of the construction of any new building.
(2)
The completion of construction of any addition to
an existing building, which addition required a building permit.
(3)
The change in use of and/or addition of any use to
any building and/or property.
[Amended 8-3-2020 by Ord. No. 20-18C]
(4)
The change in ownership by transfer of title to any
existing structure in the Township of Long Beach.
B.
Prerequisites to issuance. No certificate of occupancy
shall be issued by the Code Enforcement Officer until the applicant
shall have complied with the following prerequisites:
(1)
Approval in writing shall be delivered to the Code
Enforcement Officer from the Long Beach Utilities Department certifying
that all rules and regulations of the Utilities Department have been
complied with. The Code Enforcement Officer shall request in writing
the approval or denial from the Long Beach Utilities Department, and
the Department shall respond in writing within three days of the receipt
of the written request by the Code Enforcement Officer.
(2)
The Code Enforcement Officer shall receive a certification
from the Tax Collector of Long Beach Township that all taxes and water
and sewer charges have been paid and are current on the premises for
which a certificate of occupancy is sought. In lieu of the required
certification from the Tax Collector of Long Beach Township that all
taxes and water and sewer charges have been paid and are current,
the Code Enforcement Officer may issue a certificate of occupancy
for a proposed transfer of title upon receipt of a certification,
executed by the attorney for the proposed transferee, guaranteeing
that, at the time of the transfer of title, he or she shall personally
be responsible for seeing to it that a certified check or an attorney's
trust account check for all taxes and water and sewer charges, through
and including the quarter in which the certificate of occupancy is
sought, will be forwarded to the Tax Collector of the Township of
Long Beach within 20 days of the date of the certification, and upon
failure to so do, the said attorney shall be personally liable for
the full amount thereof.
(3)
The Code Enforcement Officer or a Township official designated by him or her shall have entered upon and examined the structure or structures, subject of the certification of occupancy application, in order that the Township Code Enforcement Offer shall determine for his or her records that the structure conforms with Chapter 205, Zoning, as a permitted use or exists as a valid nonconforming use.
(4)
The Code Enforcement Officer shall have received from
the applicant a written application together with the appropriate
fee or fees as set forth in § 64-3G of this chapter.
(5)
The applicant shall have submitted a current plot
plan of the premises, which plot plan shall show the location of all
improvements, building, structures, fences and of any swimming pools
on the site.
(6)
The applicant shall have submitted a certification by a licensed architect or engineer, sealed by the said architect or engineer, certifying compliance with all provisions of Chapter 94, Flood Damage Prevention, of the Code of the Township of Long Beach, and all National Flood Insurance Program regulations.[1]
[1]
Editor's Note: Former Subsection B(7), which immediately followed,
was repealed 5-2-2016 by Ord. No. 16-17C.
(7)
The applicant shall have a water meter and remote reading sensor installed as set forth in Chapter 197.
[Amended 7-1-2019 by Ord.
No. 19-16C]
(a)
This
provision shall be effective beginning upon November 1, 2019.
(b)
Until
May 1, 2020, the applicant may satisfy this requirement if the purchaser
executes an affidavit prepared by the Township that sets forth the
purchaser is aware of and shall comply with the water meter and remote
reading sensor installation requirements on or before July 1, 2020.
[Added 11-4-2019 by Ord.
No. 19-25C]
C.
Denial of certificate. No certificate of occupancy shall be issued unless the building is in full compliance with Chapter 205, Zoning, or is a valid preexisting nonconforming use, and, further, no certificates of occupancy shall be issued unless the required certifications certifying that the premises for which the certificate is sought complies with all ordinances of the Township of Long Beach and all regulations of the National Flood Insurance Program.
D.
Compliance. The Code Enforcement Officer shall certify to the Board of Commissioners of the Township of Long Beach the compliance or noncompliance of any building located in the Township of Long Beach with appropriate National Flood Insurance Program regulations and conformance with the provisions of Chapter 94, Flood Damage Prevention.
E.
No certificate of occupancy shall be issued unless
and until the dwelling is equipped with a minimum of one operational
smoke detector on each floor.
F.
No certificate of occupancy shall be issued for one-
or two-family dwellings which contain a fuel-burning appliance, fireplace
and/or an attached garage unless operational carbon monoxide detector/alarms,
which may be battery-operated, are installed in the immediate vicinity
of the sleeping areas.
A.
Notice to owner. Upon notice from the Code Enforcement
Officer that work on any building or structure is being prosecuted
contrary to the provisions of this chapter or in an unsafe and dangerous
manner, that work shall be immediately stopped. The stop-work order
shall be in writing and shall be given to the owner of the property
involved or to the owner's agent or to the person doing the work or
shall be posted on the property and shall state the conditions under
which the work may be resumed.
B.
Unlawful continuance.
A.
The Code Enforcement Officer or any officer or employee
charged with the enforcement of this chapter, while acting for the
Township, shall not thereby render himself or herself liable personally,
and he or she is hereby relieved from all personal liability for any
damage that may accrue to persons or property as a result of any act
required or permitted in the discharge of his or her official duties.
B.
Any suit instituted against any officer or employee
because of any act performed by him or her in the lawful discharge
of his or her duties and under the provisions of this chapter shall
be defended by the legal representative of the Township until the
final termination of the proceedings. In no case shall the Code Enforcement
Officer or any of his or her subordinates be liable for costs in any
action, suit or proceeding that may be instituted in pursuance of
the provisions of this chapter.
C.
Any officer of the Department of Building Inspection,
acting in good faith and without malice, shall be free from liability
for acts performed under any of its provisions or by reason of any
act or omission in the performance of his or her official duties in
connection therewith.
A.
No foundation wall shall be less than eight inches
in thickness of poured concrete or eight inches in thickness of block
or brick, nor less than 24 inches in height. All concrete footings
for all buildings, except detached garages and accessory buildings,
shall not be less than eight inches in thickness and shall be not
less than 24 inches in width nor project less than 12 inches beyond
each side of any pier or chimney. All detached garages and accessory
buildings shall have concrete footings of not less than eight inches
in thickness and shall not be less than 16 inches in width. All concrete
footings shall have at least three steel reinforcing rods, 1/2 half
inch in diameter; rods shall not be more than eight inches on centers.
All footings must be proportioned to the bearing qualities of the
soil in the following manner: three tons per square foot for all sand
and gravel and 2 1/2 tons per square foot for sand.
B.
For all frame buildings, galvanized bolts not less
than 1/2 inch by 12 inches provided with suitable washers shall be
securely set in the foundation masonry and the sills bolted thereto.
The bolts shall be spaced not more than six feet apart. All metal
fasteners used anywhere in the construction of any structure shall
be galvanized or equal.
C.
The height of any foundation shall be such that the
bottom of the floor joists shall be not lower than two feet above
the center-line elevation of the proper street or easement grade at
the building front. The finished first-floor level is to be elevation
plus 10 feet MSL (mean sea level), minimum. Floor levels of garages
and accessory buildings shall not be lower than six inches above the
center-line elevation. The proper street or easement grade shall be
determined by the Township Engineer. Except for garages, buildings
with basements and accessory buildings, the grade beneath the structure
shall be substantially equal to the surrounding grade.
D.
Every building hereafter erected with no cellar or
basement, and where wooden construction for floors is used, shall
have an air space underneath, and such air space shall not be less
than two feet in height, measured from the bottom of the floor joists,
and shall extend over the entire area covered by the building with
the exception of under the center girder. Such crawl space shall be
provided with at least one vent eight inches by 16 inches for each
300 cubic feet of air space. Vents shall be placed on opposite sides
of the building.
A.
No piling shall be installed for the construction
or reconstruction of any structure without the Building Department
of the Township of Long Beach having first issued a piling installation
permit.
B.
No residential buildings, except additions; alterations; and substantial improvements to existing buildings on masonry foundations, including concrete grade beams, shall be constructed within the Township unless the following minimum special construction standards and piling requirements are complied with, the following Subsection B(1) through (8):
[Amended 1-10-2014 by Ord. No. 13-47C; 3-2-2015 by Ord. No. 15-07C]
(1)
Piling and knee braces below grade shall be treated as per § 94-8B of this Code. Piling butts must have a minimum of 10 inches' diameter for three feet from the top.
(2)
The pilings shall be placed not more than eight feet apart under load-bearing walls, and all pilings shall penetrate to a minimum of minus 10 feet mean sea level. The floor elevation of the structure supported by the pilings shall be in accordance with §§ 94-9 and 94-10 of this Code.
[Amended 4-20-2015 by Ord. No. 15-14C]
(3)
In the beach dune area, no covering for pile foundations may be used
except suitable breakaway material as ruled upon by the Code Enforcement
Officer.
(4)
On piling construction, the girders shall be bolted to each piling
with galvanized bolts a minimum of 5/8 inch in diameter with washers.
[Amended 4-20-2015 by Ord. No. 15-14C]
(5)
Buildings with girders under the outside walls must have plywood
or diagonal sheathing carried down over the girders and be securely
fastened thereto. Buildings with floor joists cantilevered over girders
must have each joist fastened to the girder with Teco-type or equal
fasteners designed for the purpose.
(6)
Piling installation requiring public water shall not be permitted.
(7)
Further, all new construction or substantial improvements made to
any existing construction must conform to appropriate federal flood
insurance regulations and all ordinances of Long Beach Township.
(8)
All pilings installed pursuant to the piling permit required by this
section shall be installed only in accordance with the following rules
and regulations:
(a)
The piling contractor shall not permit, suffer nor allow any
water, debris, mud, clay or the like overflow resulting from the jetting
of pilings to intrude on the public street right-of-way, but all such
materials shall be contained on the lot where the pilings are being
jetted and be permitted to percolate into the ground without overflowing
from the lot.
[1]
In the event of any intrusion of water, debris, mud, clay or
the like onto any public right-of-way, if shall be immediately cleaned
up by the piling contractor.
[2]
If the Zoning Officer shall issue an order to clean up any intrusion
on the public right-of-way, which cleanup notice shall not have been
complied with by the following inspection, the Zoning Officer shall
issue a stop-work order on the project. If the work has not been completely
remedied and the right-of-way cleaned up within 48 hours following
the issuance of a stop-work order, then, at the sole option of the
Commissioner of Public Works, the Township of Long Beach shall perform
the required cleanup operation and assess the costs thereof, which
shall include, without limitation, reimbursement for municipal employee
compensation at time and a half, and a minimum of $200 per hour for
each and every municipal vehicle used for the said cleanup or the
actual costs thereof, whichever is greater. The stop-work order shall
not be removed until all cleanup casts have been reimbursed to the
Township, nor shall the affected contractor be granted additional
building or construction permits.
(b)
If any piling contractor shall permit water which bears clay or other materials which may result in hazardous slippery conditions on a public right-of-way to occur, such intrusion of water or clay or other slippery materials on the public right-of-way shall be a nuisance for which a summons may be issued by the Police Department of Long Beach Township or the Zoning Officer of Long Beach Township and which offense shall be punished in accordance with Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Township of Long Beach.
(c)
Piling contractors shall not permit, suffer nor allow any damage
to adjacent or adjoining private property or allow any water, debris,
mud, clay or the like to overflow onto adjacent or adjoining private
property. In the event of damage or intrusion of water, debris, mud,
clay or the like onto adjacent or adjoining private property, the
contractor shall be responsible for any damage and shall immediately
clean up any intrusion of water, debris, mud, clay or the like.
[1]
Piling contractors shall file with the Construction Department
a certificate of insurance from their insurance company certifying
that they have in full force and effect a public liability insurance
policy in an amount of coverage of at least $300,000 single limit.
Said certificate shall contain the name of the insurance company,
the policy number, the expiration date and the amount of coverage.
A.
No person shall be permitted to excavate, mole, drill
or intrude under, through or into a public street, easement or right-of-way
without requesting, at least 48 hours in advance of such excavation,
that the Township Water and Sewer Department mark out all water and
sewer laterals.
B.
Any person who intrudes into a public right-of-way
or street without forty-eight-hour advance notice to the Long Beach
Township Water and Sewer Department for such mark-outs shall be fined
not less than $500 per violation.
C.
Any person who excavates, moles, drills or otherwise
digs into, under or through a public right-of-way, easement or street
and causes damage to either a municipal water or sewer lateral or
any private water or sewer lateral shall pay Long Beach Township $500
for an emergency call to repair any water or sewer lateral damaged
thereby. In addition thereto, any such person causing such damage
shall also pay $200 per hour or any portion thereof for the Township
personnel for time spent to repair damaged water or sewer lines or
laterals. In addition thereto, a person causing such damage shall
be required to pay Long Beach Township for all material and equipment
costs necessitated for such repairs.
A.
[1]Permit required. Before any work of the type described
in this section may be begun, a building permit must be applied for
and obtained after submission of plans and specifications showing
compliance with the provisions hereof, and the work in progress shall
be subject to inspection by the Code Enforcement Officer to assure
compliance therewith.
B.
Construction specifications. All materials to be used
shall be of creosoted materials or equal to twelve-pound empty-cell
process, the exceptions being deadmen or back piling which are not
exposed to water or air and are buried beneath backfill. All tie-rods,
bolts and other hardware shall be hot-dipped galvanized.
(1)
Bayside and lagoon bulkheads. Bayside or lagoon bulkheads
shall comply with the following specifications:
(a)
All sheathing shall be corrugated vinyl or equivalent
of sufficient width and length to provide the necessary protection
to retain the upland area. All new and replacement sheathing shall
comply with the minimum bulkhead top elevations as stated in Subsection
C(1)(e) and (f) of this section.
[Amended 12-16-2019 by Ord. No. 19-30C]
(b)
Whalers shall be not less than six by six (6
x 6) inches, of which there shall be two.
(c)
All pilings shall have eight-inch minimum diameter
butts and shall penetrate 10 feet below bay bottom and be five feet
on center maximum.
(d)
All tie-rods shall not be less than 3/4 inch
diameter and 16 feet in length and shall be set through each piling
one foot from the top. All anchor pilings shall not be less than 12
feet in length and shall have eight-inch minimum diameter butts.
(e)
The top of any bulkhead located in Zones R-10,
R-10E, R-6 and R-75 shall have an elevation of six feet above mean
sea level, NAVD 1988.
[Amended 8-2-2013 by Ord. No. 13-28C; 8-8-2014 by Ord. No.
14-25C; 7-11-2016 by Ord. No. 16-32C]
(f)
In all other zones, the top of any bayfront bulkhead and any
bulkhead located within 200 feet from the waters of the bay shall
have an elevation of seven feet above mean sea level, NAVD 1988. All
other bulkheads located more than 200 feet from the waters of the
bay shall have an elevation of six feet above mean sea level, NAVD
1988.
[Added 8-8-2014 by Ord. No. 14-25C; 7-11-2016 by Ord. No. 16-32C]
(g)
All new bulkheads and bulkhead replacements at marinas in the
Marine Commercial Zone and on landlocked lagoons in the marine commercial
zone shall set the top of the bulkhead a minimum of five feet above
mean sea level, NVAD 1988, and be constructed in a manner that ensures
the bulkhead height can be increased in the future. The plans for
the bulkheads shall be submitted to the Township Engineer for review
and approval to confirm the bulkheads are designed and constructed
in a manner that ensures the height of the bulkhead can be increased.
[Added 11-7-2022 by Ord. No. 22-22C]
(2)
Oceanfront bulkheads. Bulkheads constructed for protection
against the Atlantic Ocean shall conform to the following minimum
specifications:
(a)
All sheathing shall be doubled two-by-eight-inch
tongue and groove, 20 feet in length. All joints must be equally staggered
so that each joint shall be in the center of the vertical sheathing
abutting it. Where single sheathing size three-by-eight-inch tongue
and groove is used, all joints must be back-stripped with one-by-six-inch.
(b)
Three four-by-six-inch front whalers running
horizontal to sheathing with three whalers, six-by-six, running directly
in back of the sheathing and bolted through to the front whalers with
three-fourths-inch bolts and wide flange washers on five-foot centers
shall be used. There shall be not more than one whaler overlap or
splice falling upon each piling. Where lamination is used, two whalers,
two-by-six-inch, or two whalers, three-by-six-inch, may be used, and
joints must be staggered.
(c)
All piling shall be not less than 25 feet in
length with a minimum top butt of twelve-inch diameter at a point
two feet from the end. Every piling shall be placed on not more than
five-foot centers. All tie-rods shall be not less than one inch in
diameter and not less than 16 feet in length and shall be set through
each piling five feet from the top. All anchor pilings shall be not
less than 14 feet in length with butts of not less than 10 inches
in diameter, two feet from the end.
(d)
All bulkheads must be set at an elevation of
plus fourteen (+14) feet mean sea level and, unless tied in with bulkheading
substantially in accordance with these standards, shall have returns
of not less than 50 feet according to these specifications.
[Added 3-1-2021 by Ord.
No. 21-04C]
A.
All signs and sign structures shall comply with all applicable state
and local building codes.
B.
Required support and anchoring. In addition to the requirements of
all applicable state and local building codes, all signs structures
shall comply with the following.
(1)
Freestanding sign structures or poles shall be self-supporting structures
erected on and permanently attached to concrete foundations. Foundations
shall be designed to carry the weight and wind load of the sign in
the soil which it is placed. Such structures or poles shall be fabricated
only from painted or galvanized steel or such other materials as may
provide equal strength.
(2)
A parapet wall or roof shall be designed for and have sufficient
strength to support any sign that is attached thereto.
(3)
Wire and cable supports shall have a safety factor of four. All metal,
wire cable supports and braces, and all bolts used to attach signs
to brackets and signs to the supporting building or structure shall
be of galvanized steel or of an equivalent material. All sign supports
shall be an integral part of the sign design.
(4)
Signs and sign structures shall be anchored to prevent any lateral
movement that would cause wear on supporting members or connections.
No sign shall be suspended by chains or other devices that will allow
the sign to swing due to wind action, unless specifically designed
by means of bearings or other methods approved to allow for movement.
C.
Glass. When glass is used for sign letters or transparent or translucent
panels, it shall be at least double-strength thickness for sign areas
up to and including 300 square inches. When glass is used for sign
letters or transparent or translucent panels for sign areas in excess
of 300 square inches, at least one-fourth-inch wire glass shall be
used, and the maximum span between supports shall be four feet.
D.
Wind loads. All signs and sign structures, except those attached
flat against the wall of a building, shall be constructed to withstand
wind loads as follows.
(1)
For solid signs: 30 pounds per square foot on one face of the sign.
(2)
For signs that are not solid: 36 pounds per square foot of the total
face area of the letters and other sign surfaces or 10 per square
foot of the gross area of the sign as determined by the overall dimensions
of the sign, whichever is greater.
[1]
Editor's Note: Former § 64-14, Swimming pools, as
amended, was repealed 6-1-2020 by Ord. No. 20-15C.
A.
Engineering certification.
(1)
The owners of all homes constructed, renovated, repaired
or replaced since January 1, 1984, requiring a new certificate of
occupancy shall file with the Building Department of the Township
of Long Beach an engineering certification prepared by a licensed
engineer, licensed by the State of New Jersey, establishing:
(2)
The foregoing elevations shall be supplied in relation
to mean sea level datum based on the United States Coast and Geodetic
Survey Information as required by the Federal Emergency Management
Agency.
(3)
The elevation certification required in § 64-15A(1)(c) shall be filed with the Building Department of the Township of Long Beach on all new construction within 30 days of the completion of the floor of the first level of living area.
(4)
On all new construction and substantial improvements a plot plan
indicating the location of the structure upon the lot upon which it
is located shall be filed with the Building Department of the Township
of Long Beach within 30 days of the completion of the floor of the
first level of living area, prior to any rough or mechanical inspection
approvals.
[Added 8-21-2015 by Ord.
No. 15-35C]
D.
Where any building is required to have an elevation certificate, as set forth in Subsection A of this section, and request of the owner of such building is made, as set forth in Subsection B of this section, and compliance is not forthcoming, the Township of Long Beach, through its Board of Commissioners, may adopt a resolution ordering the Township Engineer to provide such certificates, and the cost of such certificates shall be assessed against the real property for which such certificate is supplied and be collected in the same manner as taxes. No permit for any construction and no certificate of occupancy shall be issued for any such building while any charge for a building elevation certificate shall be outstanding.
A.
Storage of delivered modular homes and premanufactured
homes is prohibited at any place within the Township of Long Beach.
(1)
Modular homes and premanufactured homes shall be delivered
to the site where they are to be constructed or set no earlier than
7:00 a.m. nor later than 10:00 a.m. and shall be constructed, installed
or set on the day of delivery prior to 6:00 p.m.
B.
Predelivery notice. No later than five business days
prior to the anticipated date of delivery of a modular home or a premanufactured
home, the manufacturer or supplier of such modular home or premanufactured
home shall deliver to the Building Department of Long Beach Township,
on a form provided by that department, the following information concerning
the modular home or premanufactured home to be delivered:
(1)
The date of anticipated delivery.
(2)
The anticipated time of delivery within an accuracy
range of one hour, that is to say if a delivery time of 7:00 a.m.
is set forth, the modular home or the premanufactured home must be
delivered between the hours of 7:00 a.m. and 8:00 a.m.
(3)
The date of start of construction, erection, installation
or setting.
C.
Every predelivery notice shall be accompanied by a bond in the form of a cashier's check or certified check made payable to the Township of Long Beach in the amount of $5,000 to ensure the remediation and repair of any damage done to any public street in the course of the installation, erection or construction of any modular home or premanufactured home. The cashier's check or certified check shall be given to the Building Department of the Township of Long Beach who shall immediately tender it to the Chief Financial Officer of the Township of Long Beach for deposit in the appropriate account of Long Beach Township as the Chief Financial Officer shall determine and such account shall be available to be utilized to return the bond fees upon application by the contractor 30 days following the issuance of the appropriate certificate of occupancy as herein below called for in Subsection C(1).
(1)
The bond shall be released on application of the contractor
after 30 days following the issuance of an appropriate certificate
of occupancy by the Long Beach Township Building Department.
D.
A copy of the form required by Subsection B above shall be delivered by the Building Department to the Police Department within two hours of receipt of that form by the Building Department in order to enable the Long Beach Township Police Chief to comply with the provisions of § 189-22 of the Code of Long Beach Township.
A.
Permit required. Before any work of the type described
in this section may begin, a building permit must be applied for and
obtained after submission of plans and specifications so in compliance
with the provisions hereof; and the work and progress shall be subject
to inspection by the Code Enforcement Officer to assure compliance
therewith.
B.
Construction specifications.
[Amended 3-5-2018 by Ord.
No. 18-06C]
(1)
All dune walkways shall be constructed of the prefabricated rollaway
decking or I-5 gravel material only.
(2)
Such walkways shall extend over the complete dune to the flat of
the beach. Each walkway shall not be greater than four feet in width.
In addition to the prefabricated rollaway or I-5 gravel material walkway,
treated or cedar posts and railing may be installed on one side of
the walkway only, in accordance with the instructions provided by
the Long Beach Township Construction Inspection Department.
C.
Any dune walkways which are required to be removed pursuant to the United States Army Corps of Engineers Beach Storm Damage Reduction Project, may only be replaced pursuant to the construction standards hereinabove set forth in Subsection B.
[Amended 3-5-2018 by Ord.
No. 18-06C]
D.
Any existing dune walkways which are registered with the Long Beach Township Construction Inspection Department prior to August 24, 2007, may be maintained. The registration and inspection by the Long Beach Township Inspection Department shall permit the property owner to continue and maintain such walkway, in accordance with the construction standards hereinabove set forth in Subsection B.
[Amended 3-5-2018 by Ord.
No. 18-06C]
E.
Required fees. All existing walkovers being registered
on or before August 24, 2007, which are not shown in the construction
files of Long Beach Township shall be required to apply for and pay
for the appropriate zoning and building permit as required by the
Long Beach Township Construction Department.
Construction specifications. All structures built or permitted to be built under this chapter or in accordance with Chapter 205, Zoning, shall meet the following minimum specifications for anchoring said structures to prevent flotation of such objects during coastal flooding or severe high tides:
A.
[1]Wooden trash pens, on-grade walkways, grade-level decks,
and similar structures shall be secured to a four-inch thick concrete
slab or four-inch by four-inch pressure-treated posts. The posts shall
be set below grade. The anchoring posts shall be placed a maximum
of eight feet apart or less and at each corner of the structure.
[Amended 11-5-2018 by Ord. No. 18-31C]
B.
All landscaping ties, decorative or otherwise, shall
be secured by one-half-inch rebar and driven through the lumber to
a minimum of three feet below grade. Anchoring rebar shall be located
at a minimum every four feet, plus at each end.
No construction, except as specifically approved
by a resolution duly adopted by the Board of Commissioners of the
Township of Long Beach, which requires the issuance of a street closure
order by the Long Beach Township Chief of Police shall be permitted
between June 15 and September 15 of any year; provided, however, this
provision shall not apply to any construction requiring a street closure
order issued by the Chief of Police of the Township of Long Beach
which is caused by an emergency situation including without limitation
water main failures, sewer main failures, road pavement failures,
electric, telephone and cable line failures, similar emergency conditions,
damage caused to pavement, homes or streets causing street damage
or blockage caused by severe storms and hurricanes.
A.
A construction permit application for the construction or placement
of a modular or premanufactured home shall be submitted for review
to the Long Beach Township Construction/Zoning Department no later
than May 17 (20 business days prior to June 15) of any year in order
to permit the placement of the structure at the proposed location
by June 15 of any year.
[Added 7-10-2015 by Ord.
No. 15-24C]
The following shall be exempt from any and all zoning and building permit fees and any and all Land Use Board application and other fees, except for professional, engineering and other fees and shorthand reporter fees, as required in Code § 64-3, § 18-13 and § 164-10 and as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-53.2:
A.
Any charitable, philanthropic, fraternal and religious
nonprofit organization holding a tax exempt status under the Federal
Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)],
upon presentation of written proof thereof.
[1]
Editor's Note: Former § 64-21, Disconnection from
the Long Beach Township water and sewer systems, was repealed 6-6-2016
by Ord. No. 16-20C.
