Editor's Note: See subsection 2-19.4 of this Code for provisions
for an All Code Agreement regulating all types of Construction Code
inspections.
[Ord. #550, S 24A-1; Ord. #2002-07, S 1]
a.
There is hereby established in the Borough of Point Pleasant, a State
Uniform Construction Code Enforcing Agency to be known as the Department
of Inspections, 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 be the chief administrator of the Enforcing Agency.
b.
Each official position created in paragraph a. hereof 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 (1) 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.
c.
The public shall have the right to do business with the Enforcing
Agency at one office location, except in cases of emergencies and
unforeseen or unavoidable circumstances.
d.
The Regulations for the New Jersey Uniform Construction Code as promulgated
by the Commissioner of the New Jersey Department of Community Affairs,
pursuant to the authority of the State Uniform Construction Code Act
(P.L. 1975, c. 217, as amended), together with any subsequent amendments,
changes or supplements thereto, is hereby adopted in and for the Borough
of Point Pleasant.
[Ord. #550, S 24A-3; Ord. #558, S 24A-3; Ord. #688, S 1;
Ord. #694, S 1; Ord. #798, S 3; Ord. #90-19, SS 1, 2: Ord. #91-31,
S 1; Ord. #91-36, S 1; Ord. #92-53, S 1; Ord. #93-21, S 1; Ord. #97-17,
S 1; Ord. #2002-07, S 2; Ord. #2002-15; Ord. #16-2006, S 1; Ord. #2006-27,
S 1; Ord. #2007-15, S 1; Ord. #2008-7; Ord. #16-2008; Ord. #2010-19;
Ord. #2015-13; Ord. #2015-21, § 1; Ord. #2018-11]
a.
Fees for Construction Permits.
[Ord. No. 2017-16; Ord. No. 2018-11; amended 7-27-2020 by Ord. No. 2020-06]
1.
The building subcode fees shall be as follows:
For new construction: All fees shall be based on the volume
of the structure and volume computation shall be made pursuant to
N.J.A.C. 5:23-2.28. Use groups and types of construction are to be
classified and defined as established in Articles 3 and 4 of the Building
Subcode.
(a)
New residential construction, alteration, or renovation:
|
Per cubic foot of volume
|
$00.075
|
|
Minimum fee
|
$120.00
|
(b)
New construction all other use groups:
|
Per cubic foot of volume
|
$00.046
|
|
Minimum fee
|
$120.00
|
(c)
Large, open volume structures such as barns, silos, greenhouses,
warehouses and similar structures: $00.020.
(d)
Renovations, alterations and repairs, including uncovered porches,
decks, fences > six feet et cetera fee based on the estimated cost
of work:
|
The first $1 to $50,000 (per thousand)
|
$34.00
|
|
Next $50,001 to $100,000 (additional per thousand)
|
$26.00
|
|
Amounts over $100,000 (additional per thousand)
|
$20.00
|
|
Minimum Fee
|
$120.00
|
(e)
Siding R3 and R5: $150.
(f)
Pool Barrier.
|
Per linear foot
|
$00.20
|
|
Minimum Fee
|
$120.00
|
(g)
Sheds (if applicable).
|
Over 100 square feet up to 200 square feet
|
$120.00
|
|
Over 200 square feet
|
$250.00
|
(h)
Fireplace and masonry chimney: $90.00.
(i)
Wood burning stoves and chimney: $90.00.
(j)
Demolition.
|
Together with a cash bond posed with the Borough to ensure removal
of debris and to protect against damage.
| |
|
Use Group R Structures less than 2,000 square feet and Maximum
of 30 feet high
|
$200.00
|
|
All other structures
|
$300.00
|
|
Accessory structures to R3, R5
|
$120.00
|
(k)
Signs.
|
Per square foot surface area, 1 side only for double-faced signs
|
$1.50
|
|
Minimum Fee
|
$120.00
|
(l)
Swimming Pools.
|
Above-ground
|
$120.00
|
|
In-ground
|
$300.00
|
|
Public/Commercial
|
$350.00
|
(m)
Elevator permits subject to N.J. State Permit Fees.
(n)
Temporary structures/other structures that volume cannot be
computed:
|
Each over 100 square feet
|
$120.00
|
|
The fee for tents in excess of 900 square feet or more than
30 feet in any direction
|
$150.00
|
(o)
Retaining Walls.
|
Residential:
| |
|
Class 3 under 550 square feet surface area
|
$150.00
|
|
Class 3 over 550 square feet surface area
|
$200.00
|
|
All other based on alteration cost fee
|
(p)
(Reserved)
b.
Other Fees.
[Ord. No. 2017-16; Ord. No. 2018-11; amended 7-27-2020 by Ord. No. 2020-06]
1.
Electrical subcode fees shall be as follows:
|
(a)
|
Minimum Electrical Subcode Fees:
|
$120.00
|
|
Replacement of mechanical piece of equipment in an R3 or R5
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$30.00
| |
|
(b)
|
Electrical Fixtures and Devices Fees:
| |
|
For from 1 to 25 receptacles, fixtures or devices
|
$120.00
| |
|
For each 25 additional receptacles, fixtures or devices an additional
fee
|
$30.00
| |
|
(For the purpose of computing this fee, receptacles, fixtures
and devices shall include but not be limited to lighting outlets,
wall switches, electric discharge fixtures, convenience receptacles
or similar fixtures, and motor or devices of less than 1 horsepower
of 1 kilowatt, burglar, fire and communication devices, et cetera.)
| ||
|
For each motor or electrical device greater than or equal to
1 horsepower or kW and less than or equal to 10 horsepower or kW;
and for transformers and generators greater than or equal to 1 kW
and less than or equal to 10 kW
|
$30.00
| |
|
For each temporary service units with up to 4 receptacles
|
$120.00
| |
|
For each motor or electrical device greater than 10 horsepower
or kW and less than or equal to 50 horsepower or kW; for each service
panel, service entrance or sub panel less than or equal to 200 amperes;
and for all transformers and generators greater than 10 kW and less
than or equal to 45 kW
|
$75.00
| |
|
For each motor or electrical device greater than 50 horsepower
or kW and less than or equal to 100 horsepower or kW; for each service
panel, service entrance or sub panel greater than 200 amperes and
less than or equal to 600 amperes; and for transformers and generators
greater than 45 kW and less than or equal to 112.5 kW
|
$150.00
| |
|
For each motor or electrical device greater than 100 horsepower
or kW and less than or equal to 1,000 horsepower or kW; for each service
panel, service entrance or sub panel greater than 600 amperes and
less than or equal to 1,000 amperes
|
$225.00
| |
|
For each motor or electrical device greater than 1,000 horsepower
or kW; for each service panel, service entrance of sub panel greater
than 1,000 amperes; and for each transformer or generator greater
than 112.5 kilowatts
|
$450.00
|
2.
The Fire Protection Subcode Fees shall be as follows:
|
Minimum fire protection subcode fee
|
$120.00
|
|
Fire protection and other hazardous equipment: sprinklers, standpipes,
detectors (smoke and heat) pre-engineered suppression systems, gas
and oil-fired appliances not connected to the plumbing system, kitchen
exhaust systems, incinerators and crematoriums:
| |
|
For the installation, alteration or relocation of sprinkler
heads and single or multiple smoke or heat detectors not connected
to a fire alarm panel:
| |
|
The fee for 20 or fewer heads
|
$90.00
|
|
For 21 to 100 heads
|
$150.00
|
|
For 101 to 200 heads
|
$250.00
|
|
For 201 to 400 heads
|
$600.00
|
|
For 401 to 1,000 heads
|
$822.00
|
|
For over 1,000 heads
|
$1,050.00
|
|
For from 1 to 12 detectors, the fee shall be
|
$90.00
|
|
For each additional 25 detectors, the fee shall be
|
$25.00
|
|
For each standpipe
|
$300.00
|
|
For each independent pre-engineered system
|
$150.00
|
|
For each gas or oil-fired appliance not connected to the plumbing
system
|
$50.00
|
|
For each kitchen exhaust system (commercial)
|
$75.00
|
|
For each incinerator
|
$400.00
|
|
For each crematorium
|
$400.00
|
|
For suppression systems other than sprinklers including: Co2,
gas, foam, dry or wet chemical and installation of hood duct and exhaust
systems shall be a minimum
|
$150.00
|
|
For woodburning fireplace or stove requiring fire permit shall
be
|
$90.00
|
3.
Tank Fees.
|
Installation, Residential
|
$150.00
|
|
Installation, Commercial
|
$200.00
|
|
Fuel Storage Tank Removal:
| |
|
AST
|
$120.00
|
|
UST removal under 2,000 gallons
|
$200.00
|
|
UST removal over 2,000 gallons
|
$200.00
|
4.
Plumbing Subcode Fees:
|
Minimum plumbing subcode fee
|
$120.00
|
(a)
Plumbing fixtures and equipment fees:
|
Per fixture, piece of equipment, vent or appliance connected
to the plumbing system, and for each appliance connected to the gas
or oil piping system, except as listed below
|
$30.00
|
|
Per special device for the following: grease traps, oil separators,
water-cooled air conditioning units, refrigeration units, utility
service connections, backflow preventers equipped with test ports
(double check valve assembly, reduced pressure zone and pressure vacuum
breaker back-flow preventers), steam boilers, hot water boilers (excluding
those for domestic water heating), gas or fuel oil piping, sewer pumps,
and interceptors
|
$75.00
|
5.
Elevator Devices. The fee for elevator devices where applicable shall
be in accordance with N.J.A.C. 5:23-12.6. The State of New Jersey,
DCA is the Elevator Subcode.
6.
Plan Review Fee:
|
(a)
|
For the purposes of N.J.A.C. 5:23-4.18(b), the plan review fee
shall be twenty (20%) percent of this schedule of fees. The amount
paid for this fee shall be credited toward the amount of the fee to
be charged for the construction permit.
| |
|
(b)
|
Amended plans or updates thereto:
|
$90.00 per hour or the minimum fee, whichever is greater.
|
|
7.
|
The fee for a permit for the removal of a building or structure
from one (1) lot to another or to a new location on the same lot shall
be alteration costs per one thousand ($1,000) dollars of the sum of
the estimated costs for work at each site.
| |
|
8.
|
The fee for a new foundation shall be that charged for alteration
or renovation provided that the minimum fee shall be:
|
$120.00
|
|
9.
|
Certificates of Occupancy Fee:
| |
|
Use Group R
|
$100.00
| |
|
All other use groups
|
$150.00
| |
|
10.
|
Continued Use Certificate Fee:
| |
|
Total all subcodes
|
$400.00
| |
|
11.
|
Change of Use Fee:
| |
|
Each Unit
|
$300.00
| |
|
12.
|
Reinstatement of Lapsed Permit Fee:
| |
|
Each (minimum) subcode
|
$200.00
| |
|
13.
|
Temporary Certificate of Occupancy Fee:
|
$30.00
|
|
14.
|
Change of Contractor Fee shall be fee per subcode.
|
$25.00
|
|
15.
|
Mechanical Subcode Fees:
| |
|
Minimum
|
$120.00
| |
|
Furnace, generator, ventilating apparatus, heating and Cooling
systems and other pursuant to N.J.A.C. 5:23-3.4(d)
|
$30 (per appliance)
| |
|
16.
|
Fee for a variation:
| |
|
Class 1 structure
|
$500.00
| |
|
Class 2 structure
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$250.00
| |
|
Class 3 structure
|
$120.00
|
c.
Reports.
1.
The Construction Official shall with the advice of the subcode officials,
prepare and submit to the Borough Council of the Borough, biannually,
a report recommending a fee schedule based on the operating expenses
of the agency and any other expenses of the Borough fairly attributable
to the enforcement of the State Uniform Construction Code Act.
2.
In order to provide training, certification and technical support
programs required by the State Uniform Construction Code Act and the
regulations, the Enforcing Agency shall collect, in addition to the
fees specified above, a surcharge fee of $0.0019 per cubic foot of
volume of new buildings and additions. Volume shall be computed in
accordance with the regulations promulgated under the Uniform Construction
Code Act. The fees for all other construction shall be $0.96 per $1,000.00
of value of construction. The surcharge fee shall be remitted to the
Bureau of Housing Inspection, Department of Community Affairs, on
a quarterly basis for the fiscal quarters ending September 30, December
31, March 31 and June 30, and not later than one (1) month next succeeding
the end of the quarter for which it is due. In the fiscal year in
which the regulations first become effective, the fee shall be collected
and remitted for the third and fourth quarters.
3.
The Enforcing Agency shall report to the Bureau of Housing Inspection
annually, at the end of each fiscal year and not later than July 31,
the total amount of the surcharge fee collected in the fiscal year.
In the fiscal year in which the regulations first become effective,
the report shall be for the third and fourth quarters only.
[Ord. #92-60, S 1]
All builders undertaking construction projects in the Borough
of Point Pleasant shall, as a prerequisite to the Construction Official's
final inspection of the building in question, supply to the Borough
Construction Official verified written documentation that debris resulting
from said construction has been properly disposed of with the location
and method of said disposal being made known therein.
[Ord. #368, S 28-1; Ord. #499, S 28-1]
Whenever it shall be made to appear to the satisfaction of the Zoning and Code Enforcement Officer that there exists in the Borough any building, wall or structure which is or may become dangerous to life or health, or which might tend to extend a conflagration, the Zoning and Enforcement Officer shall prepare to abate same in accordance with Section 2-15 of this Code of the Borough of Point Pleasant.
[Ord. #411, S 55-2; Ord. #501, S 55-2]
For the purpose of this Section, the Zoning and Code Enforcement
Officer may determine that a dwelling is unfit for human habitation
if he/she finds that conditions exist in such dwelling which are dangerous
or injurious to the health or safety of the occupants of such dwelling,
the occupants of neighboring dwellings or other residents of the Borough.
Such conditions may include the following (without limiting the generality
of the foregoing): defects therein increasing the hazards of fire,
accident or other calamities; lack of adequate ventilation, light
or sanitary facilities, dilapidation; disrepair, structural defects
or uncleanliness.
[Ord. #411, S 55-3; Ord. #501, S 55-3; Ord. #91-26, S 1]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code, as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office, is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation, occupancy or use. A copy of the New Jersey State Housing Code is annexed to this Section and three (3) copies of the same have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.
a.
Public Water Supply System. It is hereby determined by the Borough
Council that the reasonable distance, as defined by the New Jersey
State Housing Code, within which a residential, commercial or industrial
building located on a public street must connect to the public water
supply system is two hundred (200') feet. If the property line of
the subject premises is within two hundred (200') feet of the public
water supply system a connection conforming with the standards set
forth in the Code shall be made thereto.
[Ord. #411, S 55-4; Ord. #501, S 55-4]
Whenever a petition is filed with the Zoning and Code Enforcement Officer by a public authority, as defined in N.J.S.A. 40:48-2.4, or by any resident or any elected or appointed official of the Borough, charging that any dwelling is unfit for human habitation, as herein defined, or whenever it appears to the Zoning and Enforcement Officer, on his own motion, that any dwelling is unfit for human habitation, as herein defined, he/she shall proceed in the manner prescribed by Section 2-15 of this Code of the Borough of Point Pleasant.
[Ord. # 713, S 1]
a.
Each parcel of real estate abutting or bordering upon the public
streets in the Borough shall be numbered.
b.
Each parcel shall be known and designated by the number indicated
on the current official tax maps of the Borough, adopted and filed
in the office of the Tax Assessor.
c.
Such maps are hereby adopted as the official maps of the Borough
for the purpose of establishing street numbers, and the numbers shown
on the maps are hereby established as the proper numbers of such parcels
of real estate.
[Ord. #713, S 2; Ord. # 1998-28, S 1]
a.
The owner of every dwelling house, store or other building which
now or hereafter fronts upon a public street on which the proper number
is not now placed shall cause the proper number to be placed upon
such dwelling house, store or other building. All existing buildings
must be appropriately numbered within thirty (30) days of the passage
of this section.
b.
The house number shall be placed within two (2') feet of the door
fronting upon said public street with respect to each dwelling house,
store or other building. Said numbers must be plainly visible from
the abutting curb line and must be at least three (3") inches in height.
In the event there is no door which fronts upon a public street, said
house numbers shall be placed within two (2') feet of the nearest
corner of the dwelling house, store or other building which is closest
to the curb line.
[Ord. #713, S 3; Ord. #1998-28, S 1]
a.
The owner of every dwelling house, store or other building that may
be erected shall cause the proper number to be placed on such dwelling
house, store or other building within thirty (30) days after it has
been erected.
b.
The house number shall be placed within two (2') feet of the door
fronting upon said public street with respect to each dwelling house,
store or other building. Said numbers must be plainly visible from
the abutting curb line and must be at least two and one-half (2 1/2")
inches in height. In the event there is no door which fronts upon
a public street, said house numbers shall be placed within two (2')
feet of the nearest corner of the dwelling house, store or other building
which is closest to the curb line.
[Ord. #713, S 4]
[Ord. #713, S 5]
a.
If the owner of any lot shall desire to renumber such lot he/she
shall apply to the Tax Assessor by petition.
b.
The petition shall be accompanied by a properly prepared map showing
the changes desired, and clearly showing how the numbers for the entire
block would stand if such renumbering is ordered.
c.
The applicant shall present with his petition proof by affidavit
that a copy of the petition, together with notice of his intention
to apply to the Tax Assessor has been served upon all of the owners
of property fronting on the block or published in all the official
papers of the Borough at least ten (10) days prior to the date of
presentation of the petition.
d.
The Tax Assessor by written direction may order the block to be renumbered
in a manner specified in such application or in any manner that he/she
may deem best.
e.
Petitioners who are dissatisfied with the Tax Assessor's decision
may appeal it to the Mayor and Council for final decision.
f.
If the Tax Assessor orders a change in the numbering of the block,
a map duly authenticated shall be filed in his office, where such
maps are filed as required by law, showing the changes as made. Upon
the map being so filed, the numbers designated thereon shall, as to
the block in question supersede those numbers on the original maps
referred to in this Section.
[Ord. #713, S 6]
This Section shall be enforced by the Zoning and Enforcement Officer utilizing the enforcement procedures outlined in Chapter II, Section 2-15.
[Ord. #713, S 7]
Any person convicted of a violation of this Section shall be liable for a penalty as established in Chapter I, Section 1-5.
[Ord. #92-48, S 2; Ord. #1999-22, SS 1, 2; Ord. #2003-15,
S 2; amended 4-10-2023 by Ord. No. 2023-03]
a.
Adoption of Code. The 2012 ICC International Property Maintenance
Code is hereby adopted and incorporated herein, as if fully set forth
at length, save and except such portions as are hereinafter deleted,
modified or amended, in and for the Borough of Point Pleasant.
b.
Where Code May Be Examined. Three (3) copies of the Building Officials
and Code Administrators (IPMC) International Property Maintenance
Code (2012) have been placed on file in the office of the Borough
Clerk and will remain on file there for the use and examination of
the public. Copies shall be available for purchase at a cost determined
by resolution of the Governing Body of the Borough.
c.
Changes, Additions and Exceptions. The changes, additions, and exceptions
effective in this municipality to said code are as follows (section
references hereinafter set forth are to sections as set forth in said
code):
1.
Section PM-101.1 (page 1, second line: Borough of Point Pleasant).
2.
Section PM-104.0 (Duties and Powers of Code Official).
3.
The following subsection PM-104.7 is added:
Change of Occupancy. All buildings and structures, and units
thereof, that are leased or rented in the Borough of Point Pleasant
and subject to the provisions of this Code shall be inspected by the
Ocean County Fire Marshall's Office on every initial occupancy
or change of occupancy after the effective date of this ordinance.
4.
The following amendments are hereby made to the respective portions
of the ICC International Property Maintenance Code.
(a)
Section PM 104.1. General, is amended by the substitution of
the following for the first sentence thereof:
Inspection of premises and issuing of orders in connection therewith
under the provisions of this code shall be the exclusive responsibility
of the Zoning and Code Enforcement Officer.
(b)
Section PM 106.4. Penalty, is amended to read as follows:
PM 106.4. Violation Penalties: Any person, firm, corporation
or other entity who shall violate or cause to be violated any provision
of this code shall be subject to a fine of not less than three hundred
($300.00) dollars nor more than one thousand ($1,000.00) dollars or
imprisonment for not more than ninety (90) days, or both. Each day
that a violation continues after due notice has been served may be
deemed a separate offense and/or a continuing violation.
(c)
Section PM 111.0. Means of Appeal is deleted in its entirety.
(d)
Section PM 109.5 is amended to read as follows: Section PM 109.5.
Abatement of nuisance; lien against the premises:
The Borough, by resolution of the Council may abate a nuisance,
correct a defect or put a premises in proper condition so as to comply
with the requirements of this chapter or applicable statutes, at the
sole cost and expense of the owner or lessor, and the Borough may
expend municipal funds for such purposes and charge the same against
the premises, and the amount thereof, as determined by the Borough
Council shall be a lien against the premises and collectible in the
same manner as other municipal liens.
(e)
Section PM 109.6 is amended to read as follows:
PM 109.6. Repair, closing, demolition; lien against the premises:
The Construction Official of the Borough of Point Pleasant is designated
as the "public officer" for the purpose of exercising the powers of
this subsection.
Whenever a petition is filed with a public officer by a public
authority or by at least five (5) residents of the municipality charging
that any building is unfit for human habitation or occupancy or use
or whenever it appears to the public officer, on his own motion, that
the building is unfit for human habitation or occupancy or use, the
public officer shall, if his preliminary investigation discloses a
basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such building a notice in accordance
with PM 107.1 et seq. stating the charge in that respect and containing
a notice that a hearing will be held before the public officer, or
his designated agent, at a place therein fixed not less than ten (10)
days nor more than thirty (30) days after the serving of said complaint;
that the owner and parties in interest shall be given the right to
file an answer to the complaint and to appear in person or otherwise,
and give testimony at the place and time fixed in the complaint; and
that the rules of evidence prevailing in the courts shall not be controlling
in hearings before the public officer.
If, after such notice and hearing, the public officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he/she shall state, in writing, his findings
of fact in support of such determination and shall issue and cause
to be served upon the owner thereof and parties in interest an order:
(1)
Requiring the repair, alteration and improvement of said building
to be made by the owner, within a reasonable time, which time shall
be set forth in the order or at the option of the owner to vacate
or have the said building vacated and closed within the times set
forth in the order; and
(2)
If the building is in such a condition as to make it dangerous
to the health and safety of persons on or near the premises, and the
owner fails to repair, alter or improve the said building within the
time specified in the order, then the owner shall be required to remove
or demolish the said building within a reasonable time as specified
in the said order or removal. A building permit will be required for
the demolition of a structure or for structural repairs or alterations.
If the owner fails to comply with an order to repair, alter
or remove or, at the option of the owner, to vacate and close the
building, and the owner has not sought and obtained a stay by a court
of competent jurisdiction, the public officer may cause such building
to be repaired, altered or improved, or to be vacated and closed.
The public officer may cause to be posted on the main entrance of
any building so closed a placard with the following words: "This building
is unfit for human habitation or occupancy or use; the use or occupation
of this building is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish
the building and has not sought and obtained a stay by a court of
competent jurisdiction, the public officer may cause such building
to be removed or demolished or make contract for the removal or demolition
thereof after advertisement for, and receipt of bids therefor.
The public officer shall state that the amount of the cost of
the filing of legal papers, expert witnesses' fees, search fees
and advertising charges incurred in the course of any proceeding taken
under this section determined in favor of the municipality, and such
costs of such repairs, alterations or improvements, or vacating and
closing, or removal or demolition, if any, or the amount of the balance
thereof remaining after deduction of the sum, if any, realized from
the sale of materials derived from such building or from any contract
for removal or demolition thereof, shall be a municipal lien against
the real property upon which such cost was incurred. If the building
was removed or demolished by a public officer, he/she shall sell the
materials of such building. There shall be credited against the cost
of the removal or demolition thereof, the proceeds of any sale of
such materials or any sum derived from any contract for the removal
or demolition of the building. If there are no such credits or if
the sum total of such costs exceeds the total of such credits, a detailed
statement of the aforesaid costs and the amount so due shall be filed
with the Municipal Tax Assessor or other custodian of the records
of tax liens and a copy thereof shall be forwarded forthwith to the
owner by certified mail. If the total of the credits exceeds such
costs, the balance remaining shall be deposited in the Superior Court
by the public officer, shall be secured in such manner as may be directed
by such court, and shall be disbursed according to the order or judgment
of the court to the persons found to be entitled thereto by final
judgment of such court; provided, however, that nothing in this section
shall be construed or impair or limit in any way the power of the
municipality to define and declare nuisances and to cause their removal
or abatement, by summary proceedings or otherwise. Any owner or party
in interest may, within sixty (60) days of the filing of the lien
certificate, proceed in a summary manner in the Superior Court solely
to contest the reasonableness of the amount or the accuracy of the
costs set forth in the municipal lien certificates.
(f)
Section PM 109.7 is added to read as follows:
PM 109.7. Removal of brush, debris, garbage, etc.; lien against
the premises: Where it shall be necessary and expedient for the preservation
of public health, safety or general welfare, or to eliminate a fire
hazard, the Borough Council may require the owner or tenant of land
to remove or destroy brush, weeds including ragweed, dead and dying
trees, roots, obnoxious growths, filth, garbage, trash and debris
within ten (10) days after notice to remove or destroy the same. Notice
shall be made as provided for in PM 107.1 et seq. In cases where the
owner or tenant shall have refused or neglected to remove or destroy
same in the manner and within the time provided above, the Borough
Council may provide for the removal or destruction of the same by
or under the direction of a municipal officer. Where the same is removed
or destroyed by or under the direction of such municipal officer,
such officer shall certify the cost thereof to the Borough Council,
who shall examine the certificate and, if found correct, shall cause
the cost as shown thereon to be charged against the said land; the
amount so charged shall forthwith become and form part of the taxes
next to be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes and shall be collected and enforced by the
same officers and in the same manner as taxes. Notice of the amount
so charged as a lien against the land shall be forwarded to the owner
by certified mail. Any owner or party in interest may, within sixty
(60) days of the filing of the lien certificate, proceed in a summary
manner in the Superior Court solely to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificates.
(g)
The applicable dates referred to in Section PM 304.14 of the
ICC International Property Maintenance Code are to be May 15 to October
1.
(h)
The applicable dates referred to in Section PM 602.3 of the
2012 ICC International Property Maintenance Code are to be October
1 to May 15.
(i)
The applicable dates referred to in Section PM 602.4 of the
2012 ICC International Property Maintenance Code are to be October
1 to May 15.
(j)
The "Code Official" as referred to in the 2012 ICC International
Property Maintenance Code shall be the Construction Official or his
designee including but not limited to the Code Enforcement Officer.
[Ord. #368, S 67-1; Ord. #595, S 1; New; Ord. #90-20, S 1;
Ord. #92-48, S 1; Ord. #94-17, S 1; Ord. #2013-17, S 3]
It shall be unlawful for any owner or possessor of any land
in this Borough to do any of the following things:
a.
Permit such land to be covered with or contain brush, weeds, dead
and dying trees, stumps, roots, obnoxious growths, filth, garbage,
manure, trash, refuse or debris, mounds of dirt, or any combination
of said items, which would either tend to start a fire, increase the
intensity of a fire already started when it reaches the land, cause
poisoning or irritation to human beings from the obnoxious growths,
or cause or tend to cause an unhealthy or obnoxious condition on the
land or adjacent property.
b.
Permit such land to be covered with or contain refuse or debris resulting
from the construction, demolition or neglect of a building, which
refuse or debris has remained on the land for more than thirty (30)
days after completion of the construction work or demolition, or after
loose boards, shingles or other materials have fallen off a building,
and where such refuse or debris is inimical to the preservation of
the public health, safety or general welfare of the people of the
Borough, or which refuse or debris may constitute a fire hazard.
c.
Permit such land to contain or have an outdoor water closet thereon
containing excrement not properly processed to protect human health,
not screened or closed sufficiently to exclude flies or not in a clean
and sanitary condition, any or all of which conditions are dangerous
to public health.
d.
Permit such land to have or contain an improper, inefficient, overflowing
or nonfunctioning cesspool or septic tank, attached to a dwelling
being used for human habitation, which the cesspool or septic tank
and contents or residue from same is dangerous to public health.
e.
Permit on his land an abandoned, unused or unprotected well, cellar
or other unnatural declivity in which stagnant water or debris is
retained or which is dangerous to a person, including a child, being
or coming upon the land.
f.
Permit to be stored or placed on his unenclosed land old lumber,
metal, machines or parts of machines, junk, paper, clothes, glass
or refuse, or any combination of them, which is either a fire hazard,
retains stagnant water, emits foul or obnoxious odor or which is dangerous
to a person, including a child, being or coming upon the land.
g.
Permit the sidewalk on his land to become broken, uprooted, damaged
or otherwise impaired so that same is unsafe for the traveling public,
without promptly making the repair or replacement or remedying same
in order that such sidewalk is made and kept safe for the traveling
public.
h.
Permit to be stored or placed on his land any boat, vessel or other
marine craft where the board, vessel or other marine craft constitutes
a safety or health hazard in the discretion of the Zoning and Code
Enforcement Officer.
i.
Depositing, maintaining or causing the maintenance or existence of
any offensive matter, foul or noxious odors, gases, or vapors which
(a) endangers or injures the safety or health of humans or animals;
or (b) annoys or disturbs a reasonable person of normal sensitivities;
or (c) endangers or injures personal or real property.
j.
Notwithstanding any other provision of the within section or in the
Construction Code Ordinance, any individual corporation or other business
entity that places a "dumpster" or refuse container upon a property
in conjunction with a valid construction permit shall be required
to remove said container after a period of six (6) months. If such
individual or entity can show a valid reason to extend said time period,
they must present the same to the governing body who may either extend
it an additional six (6) month period or may require that it be removed
as a result of non-use or no construction taking place on a regular
basis.
k.
For the purposes of this section, discharged water shall mean water
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewerage or drainage
facilities, or conveyed by snow removal equipment. Drainage of roofs
and paved areas, yards and courts, and other open areas on the premises,
including but not limited to basements, pools, crawlspaces and sprinklers,
shall be included herein. Water from these facilities shall not be
discharged in a manner which is repetitively creating a nuisance to
the general public. For the purposes of this section, a nuisance shall
mean a significant and unreasonable interference with the public health,
the public safety, the public peace, the public comfort or the public
convenience. Discharged water to Borough streets create a nuisance
problem year-round. In the winter months, serious icing is created
on the streets causing a nuisance and safety hazards. Discharged water
which flows across the homeowner's property line can create a nuisance
for neighbors. Extending a sump pump hose across the public sidewalk
is prohibited since it creates an obstruction along a walking path.
Any discharge of water onto a public street more than six feet from
the curbline is strictly prohibited and is the responsibility of the
property owner to abate.
[Amended 3-25-2019 by Ord. No. 2019-08]
[Ord. #368, S 67-2; Ord. #502, S 67-2; Ord. #92-48, S 1]
Any reports of violations of this section shall be filed with the Zoning and Code Enforcement Officer, in accordance with the provisions of Chapter II, Section 2-15.
[Ord. #92-58, S 1; Ord. No. 2016-01]
If the owner, entity, or person in possession of the dwelling
or lands in question shall fail to abate the condition complained
of within the time period specified after receipt of the notice, the
Code Enforcement Officer or his designee shall cause the condition
complained of to be abated, either by action of the Department of
Public Works or by engagement of an outside contractor, and shall
present a report of the work accomplished to the Borough Council,
along with summary of the abatement undertaken to secure compliance.
He/she or she shall certify the costs of same plus twenty-five (25%)
percent, but not less than an administrative fee of one hundred ($100.00)
dollars, to the Borough Council, which shall examine the report and
certificate and, if it is correct, cause the cost as shown thereon
to be charged against the dwelling or lands. A copy of the resolution
approving the expenses shall be certified by the Borough Clerk and
filed with Tax Collector, who shall be responsible for the collection
thereof. The amount so charged shall forthwith become a lien upon
the dwelling or lands, and shall be added to and become and form part
of the taxes next assessed and levied upon such dwelling and lands,
shall bear interest at the same rate as the taxes, and shall be collected
and enforced by the same officer and in same manner as taxes. Costs
shall be in addition to any penalties imposed for any violation of
this Chapter.
[Added 4-10-2023 by Ord. No. 2023-04]
a.
Initial Required Inspections. The owner, landlord and/or agent of
a single-family, two-family, or multiple dwelling unit offered for
rental shall be required to obtain a lead-based paint inspection within
two years of the effective date of the law, July 2, 2022, or upon
a tenant turnover or whichever is earlier.
b.
Required Recurring Inspection. After an initial inspection the owner,
landlord and/or agent of such rental units shall be required to be
inspected for lead-based paint hazards every three years, or upon
tenant turnover, whichever is earlier.
c.
Exemptions. A single-family, two-family, or multiple dwelling rental
shall not be subject to an inspection and/or evaluation for the presence
of lead-based paint hazards if the unit:
1.
Dwellings constructed during or after 1978.
2.
Single-family and two-family seasonal rentals which are rented for
less than six-months each year by tenants that do not have consecutive
lease renewals.
3.
Dwellings that have been certified to be free of lead-based paint
pursuant to N.J.A.C. 5:17-3.6(b).
4.
Multiple dwellings rentals that have been registered with the Department
of Community Affairs for at least 10 years and have no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the "Hotel and Multiple Dwelling Law"
(N.J.S.A. 55:13A-1).
5.
Dwellings with a valid lead-safe certificate issued pursuant to this
law, P.L. 2021, c.182. Lead-safe certificates are valid for two years
from the date of issuance.
d.
Lead-Based Paint Found. If lead based paint hazards are found during
an inspection, the property owner, landlord and/or agent of the dwelling
must remediate the lead-based paint hazard by using lead-based paint
hazard control methods or abatement. After remediation has been completed,
a lead evaluation contractor must perform an additional inspection
within 60 days of the initial periodic inspection to ensure no further
lead-based paint hazards exists.
e.
No Lead-Based Paint Found. If it is determined no lead-based paint
hazards exist, the lead evaluation contractor shall certify the dwelling
as lead safe on a form from the DCA which is valid for two years and
shall be filed with the Borough's Code Enforcement Officer. The
Borough's Code Enforcement Officer is required to keep a record
of all lead-safe certifications.
In accordance with N.J.S.A. 52:27D-437.16 property owners, landlords
and/or agents shall:
1.
Provide evidence of a valid lead-safe certification obtained pursuant
to this section as well as evidence of the most recent tenant turnover
at the time of the cyclical inspection.
2.
Provide evidence of a valid lead-safe certification obtained pursuant
to this section to new tenants of the property at the time of tenant
turnover unless not required to have had an inspection by a lead evaluation
contractor and shall affix a copy of such certification as an exhibit
to the tenant's or tenants' lease.
3.
Maintain a record of the lead-safe certification which shall include
the name or names of the unit's tenant or tenants, if the inspection
was conducted during a period of tenancy, unless not required to have
an inspection by lead evaluation contractor.
f.
Fees. A dwelling owner shall hire a private lead evaluation contractor who is certified to provide a lead paint inspection service by DCA to satisfy all requirements of Section 8-5.5.
1.
The fee for filing a lead safe certification or lead-free certification
shall be $20 per unit inspected by a certified lead evaluation contractor
for the purposes of the "Lead Hazard Control Assistance Act," P.L.
2003, c. 311 (N.J.S.A. 52.27D-437.1 et al) concerning lead hazard
control work, unless the unit owner demonstrates that the Department
of Community Affairs has already assessed an additional inspection
fee of $20 pursuant to the provision of section 10 of P.L. 2003, c.
311 (N.J.S.A. 52:27D-437.10). In a common interest community, any
inspection fee charged pursuant to this subsection shall be the responsibility
of the unit owner and not the homeowners' association, unless
the association is the owner of the unit.
g.
Violations and Penalties. In accordance with N.J.S.A. 52:27D-437.19,
penalties for a violation shall be as follows:
1.
If a property owner, landlord and/or agent fails to conduct an inspection
or initiate a remediation, they shall be given 30 days to cure the
violation.
2.
If a property owner, landlord and/or agent has not cured the violation
after 30 days, they shall be subject to a penalty not to exceed $1,000
per week until the required inspection has been conducted or remediation
efforts have been initiated.
[Ord. #800, S 2; Ord. #05-2007, S 1]
It is the purpose of this section to prevent safety hazards
created by fences which obstruct the view of motorists, to protect
the public from unsound or improperly maintained fences and to maintain
and improve upon the appearance of the community.
[Ord. #800, S 2; Ord. #92-59, S 1; Ord. #05-2007, S 1]
shall includes any substantially vertical structure, wall
or appurtenance, regardless of material composition, whether supported
by a foundation, footing, piling, stage or post or self-supporting,
which is intended as a barrier to prevent escape or intrusion, to
mark a boundary or the proximity thereof, to ensure privacy.
shall mean any repair or replacement effecting fifty (50%)
percent or more of the lineal feet of a fence.
shall mean a fence which has at least a two (2") inch spacing
between its interior components and for which the composition of the
fence does not exceed fifty (50%) percent of its surface area. Said
"see-through fence" shall include but not be limited to, chain link,
post, rail or picket.
shall mean any fence which is not a see-through fence.
[Ord. #800, S 2]
Fence standards promulgated hereunder shall apply to both new
and pre-existing fences.
[Ord. #800, S 2]
No person shall erect or construct any fence within the Borough
of Point Pleasant without first obtaining a permit.
[Ord. #800, S 2; Ord. #91-37, S 1; amended 3-14-2022 by Ord. No. 2022-05]
a.
Applications for a permit to construct a fence shall be made to the
Zoning Official and shall be accompanied by a permit application fee
of fifty ($50.00) dollars.
b.
A plot plan must be submitted for any fence which is to exceed three
(3') feet in height. The plot plan shall include such information
as may be required by the Zoning and Code Enforcement Officer.
[Ord. #800, S 2; Ord. #1999-23, SS 1, 2]
a.
Except as otherwise set forth herein, no fence, wall or dividing
structure within twenty-five (25') feet of the front property line
may exceed three (3') feet as measured perpendicularly from the highest
point along the fence, wall or dividing structure, to the height of
the grade of the front of the property and adjoining properties.
b.
If the property in question borders on a body of water, no fence,
wall or dividing structure between the principal structure on the
lot and the mean high water line shall exceed four (4') feet in height.
c.
In addition to the requirements set forth herein, no fence, wall
or dividing structure shall exceed six (6') feet in height in any
residential zone, nor eight (8') feet in height in any nonresidential
zone.
d.
All fences shall be symmetrical in appearance, having post separated
by identical distances and fencing conforming to a definite pattern,
kept free from peeling paint, and maintained in good appearance and
clean condition.
e.
The finished side of all fences and walls shall be constructed to
face the adjacent property. Any fence or portion thereof that is exposed
to the public on both sides shall be constructed with both sides of
finished facing.
f.
Roadway clearances shall be maintained within eight and one-half
(8 1/2') feet of all roadways. In the case of a corner lot, a
twenty-five (25') foot sight triangle shall be maintained to be measured
from the property lines on both sides. Within these areas, no fence,
wall, dividing structure, hedge or other vegetation or other obstruction
shall exceed two and one-half (2 1/2') feet on a horizontal plane
through the curbline except that shade trees may be located within
these areas provided that limbs are trimmed to a distance of at least
seven (7') feet above the curbline.
g.
See-through fences may be erected to a height not exceeding eight
(8') feet on all sides of the property for the protection of business
premises provided that the same shall not extend beyond the front
wall of a building or any side facing a public street.
h.
The following fences and fencing materials are specifically prohibited:
Barbed wire fences, canvas, cloth, electrically charged fences, poultry
netting, temporary fences such as snow fences, expandable fences and
collapsible fences at any location on the lot upon which a dwelling
or structure is situated, except during construction of such property.
i.
It shall be the responsibility of each property owner maintaining
or erecting a fence rather than the Borough to assure that fences
do not encroach on neighboring lines.
j.
Height Measurement. The measurement of all heights pursuant to the
provisions of this Chapter shall mean when measured from the original
grade of the property and shall not include the build-up of the grade
or addition of a base upon which any such fence is located. Any build-up
or addition to the existing grade shall be considered part of the
height.
[Ord. #800, S 2; Ord. #1996-03, S 1]
a.
The provisions of this Section shall not apply to the municipal facilities
and buildings, public parks and recreation areas, municipal water
and sewage treatment facilities, public school property and public
utilities if a determination is made by the Borough Engineer that
the provisions are not in the interest of public safety, health and
welfare.
b.
If in the opinion of the Code Enforcement Officer fifty (50%) percent
or less of a fence is being repaired and/or replaced, the fence may
be installed in the same manner as it presently exists, i.e., the
more pleasingly aesthetic side of the fence may be installed on the
same side as presently exists.
[Ord. #800, S 2]
This Section shall be enforced by the Zoning and Code Enforcement Officer utilizing the enforcement procedure outlined in Chapter II, Section 2-15 of this Code.
[Ord. #800, S 2]
Any person convicted of a violation of this Section shall be liable for a penalty as established in Chapter I, Section 1-5 of this Code.
[Ord. #93-4, S 1]
Any person wishing to appeal the decision of the Zoning and Code Enforcement Officer, with regard to either granting a permit allowing for the construction of a fence or denying a permit application seeking approval to construct a fence, shall be given the right to appeal that decision of the Zoning and Code Enforcement Officer to the Zoning Board of Adjustment of the Borough of Point Pleasant. Said appeal shall be made by the aggrieved person pursuant to and in accordance with the requirements set forth in subsection 19-22.7 (Appeals and Application) of the Codified Ordinances of the Borough of Point Pleasant.
[Ord. #2002-09]
It is the purpose of this section to prevent safety hazards
and adverse aesthetic factors created by storage sheds which obstruct
the view of motorists, and provide adverse aesthetic impact on the
surrounding property owners, as well as an attempt to maintain and
improve upon the appearance of the community, and to assure that the
view of the water and waterways is not unduly restricted by location
of storage sheds in violation of the Codified Ordinances of Point
Pleasant Borough.
[Ord. #2002-09]
Applications for a permit to construct a storage shed, whether
permanently affixed to the ground or not, shall be made to the Zoning
and Code Enforcement Officer and shall be accompanied by a permit
application fee of twenty ($20.00) dollars.
[Ord. #2002-09]
A plot plan must be submitted for any storage shed to be constructed
or placed upon the property. The plot plan shall include such information
as may be required by the Zoning and Code Enforcement Officer.
[Ord. #2002-09]
All storage sheds shall be located on the property so as to
not violate or encroach upon the setback requirements, including rear,
side and front setback requirements, as set forth in Chapter XIX of
the Codified Ordinances of Point Pleasant Borough entitled "Land Use".
[Ord. #2002-10]
It is the purpose of this section to prevent safety hazards
created by the improper installation and construction of bulkheads,
docks and retaining walls, to protect the public from unsound or improperly
maintained bulkheads, docks and retaining walls, to maintain and improve
upon the appearance of the community, and to assure that the view
of the water and waterways is not unduly restricted by improperly
installed bulkheads, docks and retaining walls, and furthermore to
insure that the public utilizing and enjoying the water and waterways
are not unsafely affected by the improper installation or construction
of bulkheads, docks or retaining walls.
[Ord. #2002-10; amended 3-14-2022 by Ord. No. 2022-05]
a.
Application. Applications for a permit to construct a bulkhead, dock
and/or retaining wall shall be made to the Zoning and Code Enforcement
Officer and shall be accompanied by a permit application fee of sixty-five
($0.65) cents per linear foot of construction, with a minimum permit
fee of one hundred ($100.00) dollars.
b.
Plot Plan; Survey. A plot plan or survey shall be submitted for the
proposed construction. The plot plan or survey shall include such
information as may be required by the Zoning and Code Enforcement
Officer.
c.
Additional Approvals. In the event that the construction anticipated
for a retaining wall, bulkhead or dock requires approval of outside
agencies, including but not limited to the County of Ocean, State
of New Jersey, or the United States of America, the application shall
include copies of all of the aforementioned permits.
[Ord. #2014-07 S 2]
The purpose of this Section is to protect and promote the public
health through the control of the growth of invasive plant species.
[Ord. #2014-07 S 3]
As used in this Section, the following terms shall have the
meanings indicated:
shall mean vegetation which, by its nature, grows beyond
the property of its owner, and causes a neighboring property owner
potential hardship due to the vegetation being overly competitive,
poisonous, allergenic, illegal by State statute, or hazardous to the
neighboring property's structures and facilities is deemed to be "invasive"
for the purposes of this Section.
[Ord. #2014-07 S 4]
All persons must control the growth of invasive plants. Failure
to control the spread of such vegetation beyond the boundaries of
a resident's property is a violation of this Section.
[Ord. #2014-07 S 5]
All places and premises in the Borough of Point Pleasant may
be subject to inspection by the Zoning Officer of his designee, however,
an inspection may only be made of an alleged property if a neighboring
property owner files a complaint alleging that any subsection of this
Section has been violated.
[Ord. #2014-07 S 6]
a.
Whenever an invasive plant, as defined by this Section, is found
on any plot of land, lot or any other premises or place, a violation
notice shall be given to the owner, in writing, to remove or abate
the violation within such time as shall be specified in such notice.
b.
The cost of abatement shall be borne by the property owner.
c.
If the owner fails to comply with such notice within the time specified
therein, the enforcing official may remove or otherwise control the
invasive plant species and the Borough may thereafter recover the
cost of such removal from the property owner and place a lien on the
property to recover the cost of invasive plant removal.
[Ord. #2014-07 S 7]
Any property owner who is in violation of this Section will
have one (1) year from the effective date of this Section to have
all invasive plants removed from the property.
Editor's Note: Ordinance No. 2014-07, codified herein as Section 8-9, was adopted August 19, 2014.
[Ord. #2014-07 S 8]
Any person, partnership, limited liability company, corporation
or other entity who shall violate any provision of this Section shall,
upon conviction thereof, be subject to the maximum fines and penalties
established under N.J.S.A. 40:49-5 and 40:69A-29, and as same shall
be amended from time to time. Each and every day a violation of this
Section shall exist shall constitute a separate violation.
[Added 11-23-2020 by Ord. No. 2020-12]
a.
The Borough of Point Pleasant is authorized to regulate buildings
used for sleeping, lodging and occupancy for purposes including but
not limited to the boarding houses, rooming houses, rental housing
or other living units pursuant to N.J.S.A. 40:52-1 et seq. In addition,
N.J.S.A. 40:48-2.12a provides that the governing body of a municipality
may make, amend and repeal and enforce ordinances to regulate buildings
and structures and their use and occupation to prevent and abate conditions
therein harmful to the health and safety of the occupants of said
building and structures and the general public in the municipality.
This section aims to curtail, and in certain circumstances prohibit,
the increasingly widespread practice of renting or leasing various
types of dwellings, or segments thereof, located primarily in residential
neighborhoods, on a short-term basis to transient guests. This practice
has been popularized and facilitated by various websites that advertise
and broker these rentals. Left unregulated, this practice will transform
many residential dwellings into flophouses to the detriment of the
health, safety, and quiet enjoyment of the affected neighborhoods.
b.
This section does not apply to lawfully established and operating
hotels, motels, rooming houses, boarding houses, and bed-and-breakfast
establishments.
[Amended 5-15-2023 by Ord. No. 2023-07]
As used in this section, the following terms shall have the
meanings indicated:
Any building or portion thereof designed or used exclusively
for one or more dwelling units, as delineated below:
DWELLING UNITA building, including but not limited to a boatel, or part thereof having cooking, sleeping, and/or having sanitary facilities designed for or occupied by one family and which is entirely separated from any other dwelling unit in the building or boat, either vertically or horizontally, and with independent means of access.
DWELLING, SINGLE-FAMILYA building designed for or containing one dwelling unit.
DWELLING, TWO-FAMILYA building designed for or containing two dwelling units which are entirely separated from each other by vertical walls or horizontal floors.
DWELLING, MULTIPLEA building designed for or containing three or more dwelling units which are entirely separated from each other by vertical walls or horizontal floors.
DWELLING, EFFICIENCY APARTMENTAn apartment including the following separated rooms or a combination thereof: a bathroom with toilet and bath facilities and a combination living room and bedroom with a combination kitchen and dining room; or a combination living room, bedroom, dining room and kitchen, provided that the kitchen can be closed off from the remainder of the room. No additional room shall be provided except hallways and suitable closet and storage space.
DWELLING, ONE-BEDROOM APARTMENTAn apartment including the following separate rooms or a combination thereof; a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; and a bedroom. No additional room shall be provided except hallways and suitable closet and storage space.
DWELLING, TWO-BEDROOM APARTMENTAn apartment including the following separate rooms or a combination thereof; a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom. No additional room shall be provided except hallways and suitable closet and storage space.
DWELLING, THREE-BEDROOM APARTMENTAn apartment including the following separate rooms or a combination thereof; a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom; a third bedroom. No additional room shall be provided except hallways and suitable closet and storage space.
DWELLING, TOWNHOUSEA one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
A room within or section of a dwelling that constitutes an
area less than the entire dwelling.
No dwelling, or segment thereof, may be rented or leased for
a term of less than 30 days.
a.
The lease or rental of multiple rooms within a dwelling to a single
tenant or separate tenants is prohibited.
b.
The lease or rental of a single room within a dwelling is permitted
provided that following conditions are satisfied:
1.
The dwelling has been inspected, issued a rental certificate of occupancy,
and complied with all other requirements of the Borough Code.
2.
The landlord has filed the appropriate registration with the Borough
pursuant to N.J.S.A. 46:8-28.
3.
The dwelling complies with all applicable health, safety, construction,
zoning, and fire codes.
4.
The dwelling has a minimum of two bedrooms.
5.
The addition of the tenant does not result in a violation of occupancy
limitations.
6.
The owner maintains all required insurances in sufficient coverage
amounts and has furnished proof thereof to the Borough.
7.
The dwelling is owner-occupied year-round.
8.
A minimum tenancy of one month, and a maximum of one tenant.
9.
The tenant has unrestricted access to the dwelling's common areas
and amenities, including but not limited to kitchens, basements, garages,
laundry facilities, patios/porches, pools, assigned closets, assigned
bathrooms, and living and dining areas.
10.
Bedroom doors may have privacy locks, but not key locks.
11.
There is sufficient space on the subject property to lawfully provide
one on-premises parking space for the tenant's vehicle.
The lease or rental of any dwelling for commercial or corporate
purposes is prohibited.
The lease or rental, for any purpose, of any amenity, feature,
accessory, or appurtenance to or associated with a dwelling is prohibited.
The print, electronic, or Internet advertisement of any rental
that is prohibited by or fails to comply with the provisions of this
section or any other applicable provision of the Borough Code is prohibited.
The Point Pleasant Borough Code Enforcement Officer and the
Police Department are empowered to enforce this section.
a.
Every person convicted of a violation of a provision of this section
shall be subject to the maximum fines and penalties established under
N.J.S.A. 40:49-5 and 40:69A-29, and any subsequent amendments thereto.
b.
Each and every day a violation of this section persists shall constitute
a separate violation.
c.
To the extent that conduct prohibited under this section also violates
other provisions of the Borough Code, those violations constitute
separate offenses subject to additional fines and penalties as prescribed.
