There is hereby established in the Borough of Point Pleasant Beach, a state uniform construction code enforcing agency consisting of a construction official, building subcode official, plumbing 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.
Each official position created in Subsection 12-1.1 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 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.
The public shall have the right to do business with the enforcing agency at one office location except for emergencies, and unforeseen or unavoidable circumstances.
The fee for a construction permit shall be the sum of the subcode fees listed in Subsections a through c hereof and shall be paid before the permit is issued.
a. 
The building subcode fees for the issuance of a construction permit are as follows:
1. 
For new construction, the fee shall be $.028 per cubic foot of building or structure volume; provided the minimum fee shall be $75.00.
2. 
For renovations, alterations and repairs, the fee shall be $22.00 per $1,000.00 plus an additional $2.20 per each additional $100.00 or any added dollar portion thereof of estimated cost of the work; provided that the minimum fee shall be $75.00. In those instances where either material and/or labor are either donated or otherwise accomplished without a contract, the fee for such permit will be based on an estimate of the cost of labor and the actual cost of materials necessary to perform such repairs, alterations or renovations.
3. 
For additions, the fee shall be $.028 per cubic foot of building or structure volume for the added portion; provided that the minimum fee shall be $75.00.
4. 
For combinations of renovations and additions, the fee shall be the sum of the fees computed separately as renovations and additions.
5. 
The fee for plan review shall be 20 percent of the amount to be charged for the construction permit and shall be paid before the plans are reviewed. The amount paid for this fee shall be credited toward the amount of the fee to be charged for the construction permit.
6. 
Pools.
(a) 
For private, above-ground swimming pools, the fee shall be $150.00.
(b) 
For private, in-ground swimming pools, the fee shall be $250.00.
(c) 
For pools other than private in-ground and private aboveground swimming pools, the fee shall be $350.00.
7. 
For concrete patios and walks (exclusive of sidewalks and service walks as such terms are commonly used), the fee shall be $50.00 for the first 150 square feet. For each additional square foot in excess of 150 square feet, a fee of $0.10 per square foot shall be charged.
8. 
For the replacement of premanufactured heating units, the installation of masonry or premanufactured fireplaces (with the exception of the installation of compressed gas tanks), the fee shall be $75.00.
b. 
Plumbing Subcode Fees:
1. 
The minimum plumbing permit fee shall be $75.00.
2. 
The fee shall be in the amount of $15.00 per fixture, vent exterior termination, piece of equipment or appliance connected to the plumbing system, and for each appliance connected to the gas piping or oil piping system except as indicated in paragraph 3, below.
3. 
The fee shall be $100.00 per special device for the following: grease traps, oil separators, refrigeration units, utility service connections (specifically sewer and water service), testable backflow preventors, steam and hydronic boilers (excluding potable water heaters) active solar systems, sewer pumps (ejectors) and interceptors. There shall be no inspection fee charged for gas service entrances.
4. 
The fee shall be $75.00 for piping repairs or replacement of piping (more extensive than between two adjacent joints) not resulting in additional fixtures, appliances, equipment or special devices.
b-1. 
The fire subcode fees for the issuance of a construction permit are as follows:
1. 
Sprinklers - The fee for the installation of sprinkler heads from 0-50 heads will be charged at the rate of $3.00 per head. All sprinkler heads in excess of 50 will be charged at the rate of $2.00 per head. Minimum fee will be $75.00.
2. 
Special suppression systems - The fee for special suppression systems shall be $150.00 per system.
3. 
Alarm systems — The fee for the installation of smoke detectors will be: 0-50 detectors will be charged at the rate of $3.00 per detector. All detectors in excess of 50 will be charged at the rate of $2.00 per detector. Minimum fee shall be $75.00.
4. 
Stand pipes — The fee for each stand pipe shall be $75.00.
5. 
The minimum fire subcode inspection fee shall be $75.00.
6. 
The fee for each gas or oil-fired appliance not connected to the plumbing system shall be $60.00.
c. 
Electrical Subcode Fees.
1. 
Fixtures or receptacles. (Fixtures or receptacles shall include lighting outlets, wall switches, electrical discharge fixtures, convenience receptacles or similar devices, and motors and devices of less than one horsepower or kilowatt, burglar, fire, and communication devices, etc.)
1 — 25: $75.00
Each additional 25: 15.00
2. 
Motors or electrical devices from 1 HP or kW to 10 HP or kW when installed not in conjunction with other devices:
1 — 4: $75.00
Each additional: 15.00
Motors or electrical devices when installed in conjunction with installation of other devices:
1 HP or kW to 10 HP or kW: $30.00
Greater than 10 HP or kW to 50 HP or kW: 75.00
Greater than 50 HP or kW to 100 HP or kW: 160.00
Greater than 100 HP or kW to 1000 HP or kW: 350.00
Greater than 1000 HP or kW: 450.00
3. 
Transformers and generators from 1 kW or HP not in conjunction with other devices:
1 — 4: $75.00
Each additional unit: 15.00
Transformers and generators when installed in conjunction with installation of other devices:
1 kW or KVA to 10 kW or KVA: $30.00
Greater than 10 kW or KVA to 45 kW or KVA: 75.00
Greater than 45 kW or KVA to 112.5 kW or KVA: 160.00
Greater than 112.5 kW or KVA: 450.00
4. 
Service panels, service entrance, panelboards (each):
1 — 225 amperes: $75.00
Greater than 225 amps to 600 amps: 150.00
Greater than 600 amps to 1000 amps: 250.00
Greater than 1000 amps: 450.00
5. 
For the purpose of computing these fees, all motors including those in plug-in appliances shall be counted, also including control equipment, generators, transformers, and all heating, cooling, cooking, or other devices consuming or generating electrical current.
6. 
Meter reset shall be based on service conductor size.
7. 
Continued certificate of occupancy: $75.00
8. 
Change of use: $75.00
9. 
Signs (counted in Sections 1 and 2, based on rating).
10. 
Permanent pools, spas, hot tubs or fountains with motors less than 1 HP: $75.00
11. 
Annual inspection of commercial pools, spas and hot tubs, includes issuance of certificate of compliance: $75.00
12. 
Permanent pools and spas equipotential bonding grid: $75.00
13. 
Minimum fee: $75.00
d. 
Permit for Demolition of a Structure or Building.
1. 
Conformity required. On and after the effective date of this paragraph, no person shall demolish any structure in the Borough of Point Pleasant Beach except in conformity with the provisions of this chapter.
2. 
Permit required. The demolition of any structure or building within the Borough of Point Pleasant Beach shall require a permit pursuant to the State Uniform Construction Code.
A person seeking a permit to demolish a structure or building within the Borough shall apply for a permit at the office of the construction code official. Such application shall be on a form provided by the construction code official and shall include:
(a) 
The name, address and phone number of the owner, as well as the address and a description of the structure to be demolished.
(b) 
The name and address of the contractor that will demolish the structure or building.
(c) 
The certificate of insurance for the contractor showing liability coverage for the contractor and/or owner in the minimum amount of $300,000.00.
(d) 
Statements and releases from the telephone, cable television, electricity, water, gas, sewer and any other utilities that the service connections and appurtenant equipment have been disconnected, removed, sealed and/or plugged from the structure or building at the street line in a safe manner.
(e) 
Certification by the owner to the construction code official that any cesspools, septic systems, wells or other subterranean improvements and underground or aboveground fuel tanks associated with the structure to be demolished have been removed and/or sealed in accordance with the guidelines established by the New Jersey Department of Environmental Protection, the Ocean County Board of Health and the Borough of Point Pleasant Beach Construction Code Official.
(f) 
Proof of eradication of rodents and vermin. Before a demolition permit is issued, the contractor shall carry out effective measures for the eradication of any rodent and other vermin that might be caused to seek shelter in a neighboring building or structure as a result of the demolition activity. This work shall be performed by a licensed, qualified exterminator having adequate experience in this type of work. The construction code official may waive this requirement in connection with the demolition of a small outer building or shed.
The contractor shall submit a certificate from the exterminator verifying that the work has been completed prior to the issuance of the demolition permit. The contractor shall secure a fumigation permit if the type of fumigation/extermination requires a permit pursuant to the Uniform Fire Code.
3. 
Permit fee. The fee for a demolition permit shall be as follows:
(a) 
A commercial structure — $300.00.
(b) 
Use Group R — less than 5,000 square feet — $150.00.
(c) 
Small outer buildings or sheds less than 150 square feet — $75.00.
(d) 
The fee for a permit for the removal of a building or structure from one lot to another or to a new location on the same lot shall be $22.00 per $1,000.00 of the sum of the estimated costs for moving, new foundations and placement in a completed condition in the new location; provided that the minimum fee shall be $75.00.
(e) 
The portion of these fees which is fully retained by the Borough as revenue shall be waived and shall not be collected from any homeowner who applies for a demolition permit pursuant to this section and who donates the structure to the Borough of Point Pleasant Beach for the use of the Point Pleasant Beach Fire Department for training. No portion of these fees collected by the Borough on behalf of another entity, including but not limited to, the State, County or outside vendor, shall be waived, and such fees shall be collected.
[Ord. No. 2017-20]
4. 
Restoration of site. Within five working days after the demolition is complete, all debris shall be removed from the site and the excavation resulting from the demolition shall be filled with clean fill unless an extension of time is granted from the construction code official. The site shall be kept free from all unsafe or hazardous conditions by its proper regulation, restoration of established grade and erection of necessary retaining walls and fences.
5. 
Construction. Prior to the issuance of a demolition permit, the owner of the property shall supply to the construction code official a statement as to the owner's intention for the use of the property. The owner shall state if and when construction of a new structure is to commence and whether or not approvals have been applied for to the Borough of Point Pleasant Beach. In the event the property is to be left vacant, the owner is reminded that there can be no accessory use of the property without a conforming primary use. Additionally if the property is not to be redeveloped within 45 days, then the owner shall be required to provide a vegetative cover of the surface area which has been disturbed by the demolition. Said vegetative cover shall be established in accordance with the certification requirements of the Ocean County Soil Conservation District.
6. 
Subsequent to the issuance of a demolition permit, the owner or the owner's contractor is required to give seven days' verbal notice to the construction code official of the commencement date and time of demolition.
7. 
Violations and penalties. Any person demolishing a structure or building within the Borough without first having obtained a permit therefor or who, having demolished a structure or building fails to remove debris or fill any excavation as provided herein, shall be deemed to be in violation of this paragraph. A violation of any section of this paragraph shall be punishable by a fine not to exceed $1,000.00 or not more than 30 days in jail, or both.
e. 
Reserved.
f. 
The fees for certificates of occupancy shall be as follows:
1. 
The fee for a certificate of occupancy shall be $75.00. A certificate of occupancy shall not be required for fences or storage sheds.
2. 
The fee for the first issuance and the renewal of a temporary certificate of occupancy shall be $40.00.
3. 
The fee for a certificate of continued occupancy granted shall be $300.00.
g. 
The fee for the reinstatement of a lapsed building permit will be 50 percent of the original building permit fee. There shall be a minimum lapsed building permit fee of $75.00.
h. 
The fee for applying for a variation from the building, plumbing, electrical or fire subcode shall be $100.00.
i. 
The 15 percent municipal administrative fee added to the elevator inspection fees conducted by the Borough's third-party agency may be waived for nonprofit organizations upon the adoption of an appropriate resolution by the governing body of the Borough of Point Pleasant Beach.
[1]
Editor's Note: For exemption from certain fees for volunteers in the fire department, first aid squad and fire police auxiliary, see § 2.36.
The construction official shall, with the advice of the subcode officials, prepare and submit to the mayor and council of Point Pleasant Beach, biannually, a report recommending a fee schedule based on the operating expenses of the agency, and any other expenses of the municipality fairly attributable to the enforcement of the state Uniform Construction Code Act.
[Ord. No. 2017-08]
In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations thereunder, the enforcing agency shall collect in addition to the fees specified above, a surcharge fee of $.00371 per cubic foot of volume for new buildings and additions. All other fees for construction shall be $1.90 per $1,000.00 of the value of construction. The surcharge fee shall be remitted to the Department of Community Affairs, on a quarterly basis for the fiscal quarter ending September 30th, December 31st, March 31st and June 30th, and not later than one month next succeeding the end of the quarter for which it is due. In the fiscal year in which code regulations first become effective, the fee shall be collected and remitted for the third and fourth quarters only.
The enforcing agency shall report annually, at the end of the State's fiscal year, to the Department of Community Affairs, and not later than July 31st, the total amount of the surcharge fees collected in the fiscal year. In the fiscal year in which the code regulations first become effective, the report shall be for the third and fourth quarters only.
All fees collected pursuant to this subsection shall be remitted quarterly to the Borough Treasurer by no later than the last day of the last month of each quarter, commencing with the quarter ending on March 31.
All improved properties located within the Borough of Point Pleasant Beach shall hereafter be required to have clearly designated thereon the street number on which such properties are located.
The number shall correspond with that number for the property in question shown on the official tax map of the Borough of Point Pleasant Beach in the office of the tax assessor.
The street numbers required by this section shall not be less than two inches high or more than eight inches high and shall be painted on or affixed to the building on the side thereof facing the street or affixed independently of the building to a sign where permitted.
The property owner shall comply with the requirements of this section within 45 days of its effective date.
[Amended 8-15-2023 by Ord. No. 2023-11]
Any violation of the provisions of this section shall be punishable as provided in Chapter 3, Section 3-15, Penalty.
A permit for grading and drainage shall be required prior to the construction of a single-family dwelling that has not been part of a subdivision review by the Borough Planning Board or Board of Adjustment, any in-ground swimming pool and any structure or improvement which the Borough Engineer, Construction Official or Zoning Officer has determined may cause an adverse impact on any adjoining property. Properties covered under this section and required to obtain said grading and drainage permit shall provide the following:
Every application for construction of a new residential dwelling or a new commercial structure shall be accompanied by four copies of a plan drawn to a scale of not greater than one inch equals ten feet and not less than one inch equals 20 feet showing the actual shape and dimensions of the lot to be built upon; the exact location, size and height of all existing and proposed structures and substructures; existing easements; existing and intended use of each structure; existing and proposed driveways, walks, patios, decks and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this ordinance, the Construction Code and all other applicable codes and ordinances of the Borough. All information on the plot plan, relating to the location and size of the lot and existing structures and other features on the lot shall be based on a survey of the lot by a professional land surveyor licensed in the State of New Jersey. A separate copy of the signed and sealed survey, upon which the plot plan is based, shall also be submitted with the application.
Every application for a construction permit as hereinabove described shall be accompanied by a Soil Log prepared and certified by a professional engineer licensed in the State of New Jersey. The boring or test pit for the Soil Log shall be located within the area of proposed new structure or addition and shall be to a depth of two feet below the proposed basement floor or groundwater elevation, whichever is less. The plot plan shall show the location of the boring or test pit and the Soil Log shall identify the surface elevation of the boring or test pit, show the various soil types and characteristics, show the elevation of each change in soil type, the existing groundwater elevation and an estimate of the seasonal high groundwater elevation.
Every application for a construction permit for a new structure as hereinabove described shall be accompanied by four copies of a lot grading and drainage plan prepared and certified by a professional engineer or an architect licensed in the State of New Jersey. All information on the plan relating to the location and size of the existing lot, structures and other features on the lot and its existing topography shall be based on an actual survey of the lot prepared by a professional surveyor licensed in the State of New Jersey. A separate copy of the signed and sealed survey upon which the lot grading and drainage plan is based shall also be submitted with the application. The lot grading and drainage plan shall be drawn at a scale of not greater than one inch equals ten feet and not less than one inch equals 20 feet and shall show as a minimum the following:
a. 
The tax map sheet, block, and lot numbers, street address, date, graphic scale, north arrow, name and address of the property owners, the applicant if other than the owner and the name and address of the professional who prepared the plan.
b. 
Existing boundary and topographic information on the lot and for a distance of ten feet outside the lot.
c. 
The location of all proposed construction and all existing structures on the lot and for a distance of ten feet outside the lot.
d. 
Required zoning setback lines and distances to all existing and proposed structures.
e. 
Structure dimensions including height of existing and proposed structures or additions.
f. 
Existing and proposed contour lines at one foot intervals plus spot elevations as may be required to adequately show the existing and proposed grading on the lot and for a distance of ten feet outside the lot. Existing spot elevations at each lot corner and existing structure corner. Existing and proposed finished floor elevations including basement slab elevation and garage slab elevations of all existing and proposed structures and structure additions. Proposed spot elevations at the corner of each proposed structure or structure addition. Existing top and bottom of curb elevation and street centerline elevation at 25 feet intervals along and for a distance of 25 feet beyond the lot frontage. All elevations shall be NGVD29 or NAVD88 datum.
g. 
Existing and proposed building area and gross floor area of proposed structures or structure additions and the existing and proposed lot coverage.
h. 
Existing and proposed driveway locations, dimensions and type of driveway surface.
i. 
Existing and proposed sidewalk and curb locations and type of curb and walk surface.
j. 
Flood zone, wetlands and wetland buffer lines, if applicable.
k. 
Location of existing water and sewer lines and proposed service connections thereto, including size and proposed material.
l. 
Location of existing electric, telephone and cable television lines and proposed underground service connections thereto.
m. 
A description of the proposed structure (i.e. ranch, two story colonial, etc.) and whether it is on a slab, crawl space or basement.
n. 
Limits of lot clearing, if applicable, show existing trees four inches and larger including caliper and species and identify trees to be removed or remain.
o. 
Limits of disturbance and soil erosion and sediment control provisions proposed to mitigate soil erosion of disturbed areas. The plan should show the topsoil storage area, silt fence locations, construction vehicle entrance stabilization and provisions for maintaining and protecting access to the public sidewalk. Where the majority of the lot will be disturbed, a separate soil erosion plan may be required.
p. 
All impervious surface calculations.
q. 
Show silt fences and tracking pad.
No construction above the foundation shall commence until "as-built" drawings of the foundation, including location and elevation, are submitted to and approved by the construction official.
Every request for a final inspection and certificate of occupancy (CO) for a new structure as described herein shall be accompanied by four copies of an as-built plan signed and sealed by a professional surveyor licensed in the State of New Jersey. The as-built plan, together with a copy of the original site grading and drainage plan, shall be reviewed by the Borough Engineer who shall also conduct an on-site inspection and issue a written report to the zoning officer and construction official as to the compliance of the construction to the approved grading and drainage plan and make a recommendation as to the issuance of a certificate of occupancy. In the event the as-built plan does not comply with the requirements of this section or the construction does not comply with the approved grading and drainage plan, the Borough Engineer shall include in its written report the conditions that must be satisfied prior to issuance of a certificate of occupancy (CO). The as-built plan shall include as a minimum the following:
a. 
Property lines and dimensions.
b. 
Dimensions of all structures and distances of all structures to the property lines.
c. 
Final grading plan of the lot and adjacent roadway including structure corners, lot corners, drainage swales, as well as final contours and critical spot elevations adequate to clearly depict the direction of surface runoff.
d. 
Location and size of dry wells, together with the leader drains connecting each of the roof leaders to the dry wells.
e. 
Location of all utility service connections including size of water and sewer connections.
f. 
Final finish floor elevations including basement slab elevation and garage slab elevation of all structures and a certification of the height of the structure.
g. 
A description of the structure (i.e. ranch, two story colonial, etc.) and whether it is on a slab, crawl space or basement.
h. 
All surface improvements including walks, decks, patios, driveways, curbs, landscaping, etc.
i. 
The final as-built plan shall contain a statement that the plan includes all required information and that the completed improvements are in substantial compliance with the grading and drainage plan reviewed and approved by the Borough. Any variations from the approved plan must be specifically noted on the as-built plan and approved in writing by the Borough Engineer. One copy of the approved grading and drainage plan shall be attached to the as-built plan.
j. 
An accurate calculation of the percentage of impervious surface of the lot.
[Ord. #2005-03, § 1; amended 9-15-2020 by Ord. No. 2020-16]
a. 
The lot shall be graded so that the majority of the surface runoff is retained on the property. In general lots shall be graded as follows:
1. 
The minimum slope of an unpaved yard surface shall be 1% except for well-defined swales which shall have a minimum slope of 1%.
2. 
The maximum slope of an unpaved yard surface shall be 10% within five feet of a structure.
3. 
The maximum slope of a paved yard surface shall be 5% except for a driveway which shall have a maximum slope of 6%.
4. 
Any plans including a commercial site must conform to the most recent stormwater management regulations, including the best management practice manual.
b. 
Roof leaders and sump pump drains shall be permitted to spill at or through the curb of any street in the Borough, provided that an underground recharge system, French drain system, drywell(s), or seepage pit(s), approved by the Borough Engineer, is provided upstream from said outlet point. Roof leaders and sump pump drains for all new structures shall be piped directly to an underground recharge system, French drain system, drywell(s), or seepage pit(s) to be installed on the lot prior to discharge at the curb. The underground recharge system, French drain system, drywell(s), or seepage pit(s) shall meet the following criteria:
1. 
A minimum of one cubic foot of storage volume shall be provided for each 12 square feet of roof area tributary to the dry well. A minimum of one cubic foot of storage volume shall be provided for each 12 square feet of new impervious cover area(s) that meet the criteria noted in Subsection 12-3.6h and/or i.
2. 
A minimum of six inches of cover shall be provided.
3. 
Drainage structures associated with underground recharge system, French drain system, drywell(s), or seepage pit(s) shall be placed on and be surrounded on the sides by a minimum six-inch-thick layer of stone wrapped with a geotextile material to prevent migration of the backfill material into the stone.
4. 
Overflows to the yard surface shall be provided at each leader pipe in case of backup of the dry well, and access ports (e.g., yard drains) shall be provided at each corner, end, bend or turn for future inspection, maintenance and overflow as approved by the Borough Engineer.
c. 
Basement floor slabs shall be a minimum of two feet above the seasonal high groundwater elevation.
d. 
Permit Fee and Inspections. Prior to the issuance of a grading and drainage permit, the applicant shall pay to the Borough the sum of $150 for the permit. Additionally, review and inspection fees shall be paid to the Borough in accordance with the following schedule.
1. 
Initial grading plan review fee: $350.
2. 
Review of revised grading plan: $200.
3. 
As-built review (submit with final as-built plan): $350 (includes one inspection of the property).
4. 
Review of revised as-built plan: $200.
5. 
Reinspection of site/report preparation: $200.
e. 
Temporary Certificate of Occupancy (TCO). If, in the opinion of the Borough Engineer, inclement weather prohibits the completion of the improvements required on the approved grading plan, a temporary certificate of occupancy (TCO) may be issued by the Construction Official. The issuance of the TCO shall be conditioned upon the following items:
1. 
The estimated construction cost to complete the improvement is placed in the Borough's escrow account by the contractor or owner. The estimated cost of the incomplete improvements shall be determined by the Borough Engineer.
2. 
Proof of receipt of a conditional or permanent report of compliance from the Ocean County Soil Conservation District, where applicable, shall be submitted to the Construction Official.
3. 
All escrowed improvements shall be completed and ready for final inspection no later than May 1 next occurring, unless an extension is granted by the Borough Construction Official and/or Borough Engineer.
4. 
Any lot reinspection fees, in accordance with this subsection, shall be paid by the builder or owner prior to the conversion of the TCO to a final certificate of occupancy.
f. 
Checklist. From time to time the Borough shall create and the applicant shall complete both applications and/or plan submittal checklists.
g. 
Any curb, driveway apron and/or sidewalk along the site frontage(s) that are in disrepair or damaged during the course of construction shall be removed and replaced as deemed necessary by the Borough Engineer and/or the Building Department.
h. 
A permit for grading and drainage shall be required for any new area(s) of impervious coverage on a lot that meets or exceeds 10% of the subject lot area. A minimum of one cubic foot of storage volume for each 12 square feet of new impervious cover area(s) shall be provided in an underground recharge system, French drain system, drywell(s), or seepage pit(s) subject to review and approval of the Borough Engineer.
i. 
Storage volume in an underground recharge system, french drain system, dry well(s), or seepage pit(s) is not required for the area of impervious cover that may be proposed around the perimeter or associated with a new in-ground pool, provided there is no impact on any adjoining property and that the total impervious area, excluding the pool itself, does not exceed the total area which would provide a four-foot wide impervious walkway around the perimeter of the new in-ground pool. For example, if a new in-ground pool measuring 12 ft. x 20 ft. is proposed, then a drainage system will not be required as long as the total new impervious coverage does not exceed 288 square feet [(14 ft. + 14 ft.+ 22 ft.+ 22 ft.) x 4 ft.], and there is no adverse impact on any adjoining property. If the impervious cover around the perimeter or associated with a new in-ground pool exceeds that amount, or runoff may impact any adjoining property, then a minimum of one cubic foot of storage volume for each 12 square feet of all new impervious cover area(s) shall be provided in an underground recharge system, french drain system, dry well(s) and/or seepage pit(s) subject to the review and approval by the Borough Engineer. This limited exemption from having to provide a drainage system may apply to applications for a new pool and associated improvements only. The exemption does not apply to applications for a new dwelling, additions or any other improvements which may also include a new pool.
[Amended 2-16-2021 by Ord. No. 2021-05]
j. 
The Borough Engineer and/or Building Department may require any and all outside agency approvals, local approvals, development permits, existing and proposed covenants, deed restrictions or exceptions and/or easements associated with the property in question.
[Added 2-16-2021 by Ord. No. 2021-05]
This code section applies to the construction, reconstruction or repair of boardwalks that are accessible by the public.
An application shall be filed for review by the Borough Engineer and a permit shall be obtained from the office of the Borough Construction Official prior to the construction, reconstruction or repair of boardwalks covered under this jurisdiction. In-kind decking repairs for the walking surface will be exempt from this chapter.
The following reference codes and standards are adopted as part of this section for the regulation of construction, reconstruction or repair of boardwalk structures covered under this section:
a. 
International Building Code 2006 and Reference Standards listed therein.
b. 
ASCE 7-98 Minimum Design Loads for Buildings and Other Structures.
c. 
National Design Standard for Wood Construction of the American Forest Products Association, Washington D.C.
d. 
American Wood Preservers Association Treatment Standards for piling and decking.
e. 
American National Standards Institute Accredited Program Product Certification Standards for Manufactured composite wood and synthetic decking materials.
f. 
Borough of Point Pleasant Beach Standard Boardwalk Details.
The application for construction, reconstruction or repair shall include but not be limited to:
a. 
Boardwalk construction, reconstruction or repair permit application.
b. 
Survey showing limits of municipal boardwalk and right-of-way, structures, and utilities adjacent to the area of the work and boundary of all properties abutting the property of the applicant within 25 feet of the area of construction, reconstruction and/or repair. Reference elevations of the areas abutting the work shall be provided. Flood hazard elevation and zone shall be provided.
c. 
Results of subsurface exploration for new construction or reconstruction of the existing boardwalk where support pile loads exceed ten tons or the area of the boardwalk exceeds 500 square feet.
d. 
Construction plans prepared by a qualified professional engineer, or architect registered in the State of New Jersey and experienced in the design of boardwalk structures including but not limited to:
1. 
Structural framing and foundation plan for the area of boardwalk construction, reconstruction with minimum scale of one-quarter inch per foot.
2. 
Details of existing boardwalk framing and decking and existing structures abutting the work.
3. 
Decking layout showing pattern and interface with adjacent areas and structures, locations of fixed and portable amenities such as trash receptacles, light standards, benches, amusements and displays, signage associated with the construction, reconstruction or repair.
4. 
Design loading criteria.
5. 
Construction material design requirements.
6. 
ADA compliant ramps, and railing systems.
7. 
Fire protection, water, sanitary sewer, electrical systems, telephone and telecommunication system location and accommodation.
8. 
Details for support of conduits, and distribution piping for electrical, telephone, water, telecommunications systems, etc., in the area of the work.
e. 
Construction equipment access provisions.
f. 
Method of pile installation.
g. 
Preconstruction and post-construction conditions.
h. 
Surveys of adjoining structures within the zone of influence of the construction.
i. 
Monitoring of adjacent structures and boardwalks for vibration magnitude and settlement induced by the construction.
a. 
General. The technical standards are generally for a pile supported timber frame boardwalk system compatible with the municipal boardwalk details. Alternate designs may be considered by obtaining a variance for alternate systems from the Borough. All alternate systems must be designed and detailed with the reference codes and standards and shall be reviewed by the Borough Engineer.
b. 
Minimum Design Loading. Boardwalk construction, reconstruction or repair decking, framing and foundations shall be designed for:
1. 
Dead load: based on weights of materials.
2. 
Collateral load: 10 psf.
3. 
Uniform live load: 150 psf.
4. 
Minimum concentrated load: 1300 lbs (editing note = police cruiser) or vehicle access wheel load assigned for adjacent municipal boardwalk.
5. 
Maximum live load deflection: Span length/360.
6. 
Minimum uplift loading: based on design analysis of flood and velocity zone considerations and or span conditions for continuous beams and decking.
7. 
Railing loads: Railing shall be designed and detailed for a minimum horizontal or vertical uniform load of 50 pounds per foot or a concentrated load of 200 pounds per foot at the top of the rail.
a. 
Piling.
1. 
Conform to ASTM D25 Table II End Bearing with minimum allowable axial stress of 1200 psi.
2. 
Southern yellow pine or Douglas fir with minimum seven inch tip diameter.
3. 
Minimum design length to be determined by the structural or geotechnical engineer of record for the project.
b. 
Framing Lumber.
1. 
All timbers, dimension lumber and boards shall be graded and carry an identifiable grade mark in accordance with the Grading Rules of the Southern Pine Inspection Bureau. The minimum in-place length of lumber shall be as shown on the drawings.
2. 
Lumber shall conform to the following specifications:
Standard Joists-grade 2 dense (surfaced green) Fb=1150 psi minimum and surfaced on four sides.
All framing lumber below the decking and protected from contact shall be treated with CCA in accordance with the AWPA standard C2. Materials shall be branded or tagged with lettering, the suppliers brand, plant designation, treatment date, species of lumber and the type of preservative.
Member sections shall conform to sizes indicated on the design plans.
c. 
Structural Composite Lumber.
1. 
Structural composite lumber shall be manufactured using the parallel strand process and species conforming to southern pine using glues conforming to ASTM D2559. Minimum allowable compressive stress shall be 2000 psi parallel to the grain.
2. 
Structural composite lumber shall be treated with chromated copper arsonate CCA to a minimum retention level of 0.6 pcf.
3. 
Parallam by Truss Joist Macmillan or approved equal products meets the specified requirements above.
d. 
Joist Hangers and Tie Down Fittings.
1. 
Hangers and tie down straps shall have a minimum rated static load capacity required for the design downward load and uplift loads required by the design.
2. 
Hangers shall be galvanized in accordance with the "Z-Max" process as provided by Simpson Strong Tie or approved equal.
3. 
Use compatible galvanized nails in accordance with the manufacturer's nailing schedule.
4. 
Galvanized hangers shall be field coated with paint formulated for use with galvanized metals.
5. 
Tie downs shall be Simpson Strong Tie H6 fittings spaced at maximum 32 inches on center on the girder.
e. 
Structural Steel.
1. 
Steel connection and fabrications shall be constructed using steel plate and or rolled sections fabricated from steel conforming to ASTM A36 or A572.
2. 
Shop drawings shall be prepared by a qualified steel detailer and shall be based on the design drawing details.
3. 
Welding shall conform to AWS D1.1 Structural Welding Code by experienced welders.
4. 
Welds shall be performed using minimum E60 electrodes.
5. 
All fabrications shall be hot dip galvanized after fabrication.
f. 
Timber Decking Materials.
1. 
All decking lumber graded and carry an identifiable grade mark in the accordance with the Grading Rules of the Southern Pine Inspection Bureau. The minimum in-place length of lumber shall be as shown on the design drawings.
2. 
Treatment of exposed decking shall conform with AWPA Standards for exposed timbers in contact with the ground. Verify with supplier at the time of order that the treatment process is in conformance with municipal, county, State and Federal guidelines for use as decking for public access structures.
3. 
Lumber shall conform to the grade requirements specified by the design engineer for the anticipated deck loading. Minimum decking size shall be nominal 2x6 dimensional lumber grade No. 2 dense or better.
4. 
Fasteners shall be galvanized steel or stainless steel and shall be designed in accordance with the National Design Specification for the maximum pullout resistance and shear required by the design.
g. 
Wood Thermo Plastic Composite Lumber Decking.
1. 
All composite decking lumber shall be a wood thermoplastic composite material made from 50 percent wood fiber and 50 percent polyethylene by weight and shall have a minimum allowable flexural stress of 250 psi or greater as required by the design engineer. The minimum modulus of elasticity shall be 100,000 psi or as required by the engineer's design.
2. 
Trex or equal decking shall be specified for use. American National Standards Institute Accredited Product specification test report shall be submitted with the permit application for structural composite decking to be used in the work.
3. 
Fasteners shall conform to the decking manufacturer's recommended fasteners and shall be designed to resist maximum pullout resistance required by the design.
4. 
Wood thermo plastic composite lumber shall not be used for framing members.
a. 
Pile Installation.
1. 
Pile installations shall conform to the reference building code standards and the requirements of the design plans and specifications.
2. 
Length of piling shall be determined by the design engineer and or geotechnical engineer based on evaluation of subsurface conditions and required downward and uplift resistance. Capacity of piles shall be certified by the engineer. The minimum pile length shall be greater than 15 feet.
3. 
Submit a monitoring plan prepared by a qualified engineer to protect adjacent structures during the installation from damage or settlement due to vibration, densification of the soil. Establish threshold and action limits and adhere to them.
4. 
Pre-augering shall be permitted to reduce driving resistance above the bearing level. Piles shall be seated in the bearing layer by driving or jacking.
5. 
Vibratory hammers shall not be used to install the piles.
6. 
Jetting shall be used only where permitted by the Borough. Permits shall be required from the water utility where Borough water is used. Protect adjacent structures and properties from damage due to runoff or spray from the jetting operations.
b. 
Framing and Decking Construction. All framing and decking shall be installed true and plumb in conformance to the approved design plans and specifications and the reference design codes. Finish appearance shall be flush with the abutting boardwalks.
c. 
Adjacent Boardwalks and Structures. Complete the post construction surveys and repair and restore all boardwalks and structures adjacent to the work damaged by the construction to their original condition. Conform to the municipal detailing standards where repairs of the municipal boardwalk are required.
Prior to the issuance of a permit for any boardwalk construction, reconstruction or repair, the applicant shall pay to the Borough the sum of two hundred fifty ($250.00) dollars for a permit. The applicant shall also make a deposit of one thousand ($1,000.00) dollars for the review and inspection of the site work.
[Ord. No. 2016-18]
The purpose of this section is to protect and promote the public health through the control of the growth of invasive plant species.
[Ord. No. 2016-18]
As used in this section, the following terms shall have the meanings indicated:
INVASIVE PLANTS
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.
The most widespread examples are Garlic mustard, Japanese knotweed, autumn olive, multifora rose, Japanese barberry and for the purposes of this section, bamboo. More recent emerging examples are Yellow iris, English ivy, Siebold's viburnum, kudzu, porcelainberry, wisteria, butterfly bush.
Residents can find useful information at the Jersey-Friendly Yards website www.jerseyyards.org and use that as a resource for choosing the right plants for their yards.
[Ord. No. 2016-18; Amended 10-16-2018 by Ord. No. 2018-19]
No owner, tenant or occupant of a property, or person, corporation or other entity shall plant, install or cause or permit the planting or installation of invasive plants upon any property located in the Borough of Point Pleasant Beach.
[Ord. No. 2016-18; Amended 10-16-2018 by Ord. No. 2018-19]
a. 
In the event that an invasive plant species was located upon a property in the Borough of Point Pleasant Beach prior to the adoption of this amendment, the owner and occupant of said property shall jointly and severally be required to confine such invasive plant species to prevent the encroachment, spread, invasion or intrusion of same onto any other private or public property or right-of-way. In lieu of confining the invasive plant species, the property owner or occupant may elect to totally remove the invasive plant species from the property and all affected properties. Failure of a property owner and occupant to confine such invasive plant species to the property shall be a violation of this section.
b. 
Any invasive plant species existing at a property prior to the adoption of this amendment shall not be replanted or replaced once it is or has become dead, destroyed, uprooted or otherwise removed.
[Ord. No. 2016-18; Amended 10-16-2018 by Ord. No. 2018-19]
a. 
When an encroachment of an invasive plant species is upon public property or a public right-of-way, at its discretion, the Borough of Point Pleasant Beach may remove or contract for the removal of such invasive plant species from the public property or public right-of-way. The cost of such removal shall be the responsibility of the owner and occupant of the property from which the invasive plant species originated and shall be a lien against the property from which the invasive plant species originated. The cost of said removal of the invasive plant species from public property and/or a public right-of-way shall include the cost of the installation of an appropriate barrier to prevent further encroachment by the invasive plant species.
b. 
Nothing herein shall be interpreted as:
1. 
Requiring the Borough of Point Pleasant Beach to remove, or contract to remove, invasive plant species from privately owned property; or
2. 
Limiting the rights of a private property owner to seek civil relief through a court of proper jurisdiction against proper parties.
[Ord. No. 2016-18]
Any property owner who is in violation of this section will have 90 days from the effective date of this section to have all invasive plants removed from the property.
[Ord. No. 2016-18; amended 10-16-2018 by Ord. No. 2018-19]
Any person or entity who violates any one or more subsections of this section shall be subject to the penalties imposed by § 3-15 of Chapter 3.
[Added 12-18-2018 by Ord. No. 2018-21A]
a. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
OWNER
Includes the record holder of title, any agent of the holder of title having authority to act with respect to a vacant property, any foreclosing entity subject to N.J.S.A. 46:10B-51, any debtor in possession of the property, or any other entity determined by the Borough to have authority to act with respect to the property.
VACANT PROPERTY
Any building used or to be used as a residence or business which is not legally occupied or at which substantially all lawful construction or business operations or residential occupancy has ceased, and which is in such condition that it cannot be legally occupied without repair or rehabilitation; provided, however, that any property that contains all building systems in working order and is actively being marketed for sale or rental shall not be deemed vacant. Property determined to be "abandoned property" in accordance with the meaning of such term in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant property for the purposes of this section. Each block and lot shall be a separate property.
[Amended 9-6-2022 by Ord. No. 2022-24]
b. 
Registration required; period of validity; general regulations.
1. 
The record owner of any vacant property, as defined herein, shall, within 30 days after the building becomes vacant property or within 30 days of assuming ownership of the vacant property, or within 10 calendar days after receipt of notice from the Borough, whichever is later, file a registration statement for each such vacant property with the Zoning Official on forms provided by the Borough for such purposes. The registration shall remain valid for six months from the date of registration. The record owner shall be required to renew the registration every six months as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed herein for each vacant property registered. Upon a change of ownership, a new registration statement must be filed within 30 days of the change of ownership.
2. 
Any record owner of any building that meets the definition of "vacant property" prior to the effective date of this section shall file a registration statement for that property on or within 30 days of the effective date of this section. The registration statement shall include the information required in this section and any additional information that the Zoning Official may reasonably require.
3. 
The record owner shall notify the Zoning Official within 10 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Borough for such purposes.
4. 
The registration statement shall be deemed prima facie proof of the statements contained therein in any administrative enforcement proceeding or court proceeding instituted by the Borough against the record owner or owners of the vacant property.
c. 
Registration statement requirements; property inspection. After filing a registration statement or a renewal of a registration statement, the record owner of any vacant property shall provide access to the Borough to conduct an exterior and interior inspection of any building or buildings on the lot to determine compliance with the Municipal Code, following reasonable notice, during the period covered by the initial registration or any subsequent renewal.
1. 
The registration statement shall include the name, street address and telephone number of a natural person 21 years of age or older, designated by the record owner or owners of the vacant property as the authorized agent for receiving notices of code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of said owner or owners in connection with the enforcement of any applicable code. This person must reside or maintain an office within the State of New Jersey. The registration statement shall also include the name of the person responsible for maintaining and securing the property, if different.
2. 
A record owner who is a natural person and who meets the requirements of this section as to location of residence or office may designate himself or herself as agent.
3. 
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any record owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the record owner notifies the Zoning Official of a change of authorized agent or until the record owner files a new annual registration statement. The designation of an authorized agent in no way releases the record owner or owners from any requirement of this section.
d. 
Registration fees. The fees for initial registration and renewals are:
1. 
Initial registration: $500.
2. 
First renewal: $1,500.
3. 
Second renewal: $3,000.
4. 
Third and subsequent renewals: $5,000.
e. 
Requirements for owners of vacant property. The record owner of any building that has become vacant property, and any person maintaining, operating or collecting rent for any such building that has become vacant, shall, within 30 days of the effective date of this section or 30 days of becoming vacant property:
1. 
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Municipal Code.
2. 
Post a sign affixed to the building indicating the name, address and telephone number of the record owner or owners, the record owner's authorized agent for the purpose of the service of process, and the person responsible for day-to-day supervision and management of the building, if such person is different from the record owner or the authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 18 inches by 24 inches.
3. 
Secure the building from unauthorized entry and maintain the sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete.
4. 
Maintenance.
(a) 
Maintain the vacant property for the entire period of vacancy in accordance with all applicable local and state property maintenance codes or ordinances, building codes, health codes and fire codes pertaining to the exterior condition and appearance of the building, the safety and structural integrity of the building, the outdoor portion of the property, the condition and safety of accessory structures on the property, and any conditions on the property which constitute a hazard or adversely affect the health and safety of persons who may have contact with the vacant property.
(b) 
Promptly repair all broken windows, doors and other openings and unsafe conditions. Boarding up of open and broken windows and doors is prohibited, except as a temporary measure for no longer than 45 consecutive days, which period may be extended at the discretion of the Fire Official. Boards or coverings must be installed and painted in accordance with Borough specifications.
5. 
Provide access to the vacant property promptly upon reasonable notice, to permit Borough employees, or inspectors acting on behalf of the Borough, to conduct interior and exterior inspections to determine compliance with municipal and other applicable codes. Record owners of vacant properties are deemed to consent to immediate access to the vacant property in order to inspect and/or correct any conditions that create a danger to the public health, safety and welfare.
f. 
Administration. The Zoning Official may issue rules and regulations for the administration of the provisions of this section.
g. 
Violations and penalties.
1. 
Any record owner who is not in full compliance with this section or who otherwise violates any provisions of this section or of the rules and regulations issued hereunder shall be subject to the fines and penalties imposed by § 3-15 of Chapter 3. Every day that a violation continues shall constitute a separate and distinct violation of this section. Fines assessed under this section shall be recoverable from the record owner of a vacant property and shall become a lien upon said property.
2. 
For purposes of this section, failure to file a registration statement or a renewal of a registration statement, failure to provide correct information on a registration statement or renewal of registration statement, or failure to comply with any provisions of this section shall be deemed to be violations of this section.
h. 
Effect on other laws; interpretation of provisions. Nothing in this section is intended to or shall be read to conflict or prevent the Borough from taking action against buildings found to be unfit for human habitation or unsafe structures, as provided in applicable provisions of the Code of the Borough of Point Pleasant Beach, or imposing a lien for costs on any property to the full extent permitted by law. Further, any action taken under such Code provision other than the demolition of a structure shall relieve a record owner from obligations under this section.
a. 
Authorization and duties of Borough Administrator. The Borough Administrator or the Borough Administrator's designee shall act as the public officer directed to identify abandoned properties within the Borough, place said properties on an Abandoned Property List established as provided in N.J.S.A. 55:19-55 and provide such notices and carry out such other tasks as are required to effectuate an Abandoned Property List as provided by law.
b. 
Applicability.
1. 
The Abandoned Property List shall apply to the Borough of Point Pleasant Beach as a whole.
2. 
Properties on the Abandoned Property List shall comply with and are subject to all requirements and provisions of the section addressing registration and maintenance (§ 12-6.1).
c. 
Report. The Borough Administrator shall provide a report to the governing body every six months with respect to the number and location of properties on the Abandoned Property List, the status of those properties and any action taken by the Borough or by any qualified rehabilitation entity designated pursuant to the authority granted the Borough Administrator with respect to any property on the list or any other abandoned property within the Borough of Point Pleasant Beach. The determination as to whether a property is abandoned shall be based upon the criteria set forth in N.J.S.A. 55:19-81 and N.J.S.A. 55:19-82.
d. 
Effect on Uniform Construction Code. No provision hereof shall be construed as restricting or otherwise abrogating the enforcement and other powers of the Borough's Construction Code Official under the New Jersey Uniform Construction Code, including, without limitation, N.J.S.A. 52:2727D-123 et seq. and N.J.A.C. 5:23-1.1 et seq. (collectively, the "code"). The provisions hereof shall be construed as consistent with the enforcement and other powers of the Borough's Construction Code Official under the code.
e. 
Imposition of liens for cost recovery. The Borough Administrator is authorized to impose liens for costs resulting from any action taken by the Borough pursuant to this section, subject to the provisions of any law, regulation or ordinance governing the imposition of such liens.
a. 
Additional requirements for properties subject to foreclosure; violations and penalties.
1. 
Any creditor filing a summons and complaint in an action to foreclose (all foreclosures or limit) on a vacant and abandoned residential property shall be responsible for the care, maintenance, security, and upkeep of the exterior of the subject property and, if located out-of-state, shall be responsible for appointing an in-state representative or agent for the foreclosing creditor.
2. 
The Business Administrator, or his/her designee, is hereby authorized, pursuant to N.J.S.A. 40:48-2.3 et seq., to issue a notice to the creditor filing such summons and complaint in an action to foreclose, if the Business administrator, public officer, or other authorized Borough official determines that the creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. Such notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of notice that the violation presents an imminent threat to public health and safety. The issuance of a notice pursuant to this subsection shall constitute proof that a property is "vacant and abandoned" for the purposes of N.J.S.A. 2A:50-73.
3. 
An out-of-state creditor filing a summons and complaint in an action to foreclose on a vacant and abandoned residential property shall include the full name and contact information of the in-state representative or agent in the notice required to be provided pursuant to Subdivision a(1) of N.J.S.A. 46:10B-51.
4. 
Violations of this section shall be subject to the fines and penalties set forth in § 3-15 of Chapter 3. Every day that a violation continues shall constitute a separate and distinct violation of this section. Fines assessed under this section shall be recoverable from any creditor that files a summons and complaint in an action to foreclose on a vacant and abandoned residential property and shall become a lien on said property if said creditor or said creditor's assignees obtain a final judgment in foreclosure on the property.
[Added 12-18-2018 by Ord. No. 2018-21B]
As used in this section, the following terms shall have the meanings indicated:
BUILDING
Any building or structure or part thereof, whether used for human habitation or otherwise, and includes any appurtenances belonging thereto or usually enjoyed therewith.
HEARING ARBITER
Such member or members of the governing body of the Borough of Point Pleasant Beach, including the Mayor, as shall be designated by the Mayor of the Borough as his or her agent to conduct the hearing or hearings on a specific complaint filed pursuant to the provisions of this section.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests of record in the Ocean County Clerk's office in a building and any who are in actual possession thereof.
PUBLIC AUTHORITY
Any housing authority or any officer who is in charge of any department or branch of the government of the Borough of Point Pleasant Beach, the County of Ocean, or the State of New Jersey relating to health, fire, building regulations or to other activities concerning buildings in the Borough of Point Pleasant Beach.
PUBLIC OFFICER
The officer who is authorized by this section to exercise the powers hereinafter prescribed for him or her.
RECORD OWNER
The holder or holders of the title in fee simple to a property as indicated by the records of the Ocean County Clerk's office.
It is hereby found and declared that the existence or occupation of any building or buildings or parts thereof in the Borough of Point Pleasant Beach which are so old, dilapidated or have become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy or use is contrary to the welfare and dangerous and injurious to the health and safety of the residents of the Borough and that a public necessity exists for the repair, closing or demolition of such building or buildings or parts thereof.
a. 
The Borough Administrator of the Borough of Point Pleasant Beach is hereby designated as the public officer authorized and empowered to exercise the powers prescribed by this section.
b. 
The Borough Administrator is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including the following powers in addition to those granted elsewhere in this section:
1. 
To investigate the building conditions in the Borough in order to determine which buildings are unfit for human habitation or occupancy or use.
2. 
To enter upon premises for the purpose of making examinations and inspections, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
3. 
To administer oaths and affirmations, examine witnesses and receive evidence.
4. 
To appoint and fix the duties of such officers, agents and employees of the Borough as he or she deems necessary to carry out the purposes of this section.
5. 
To delegate any of his or her functions and powers under this section to such officers and agents as he or she may designate.
a. 
Whenever a petition is filed with the Borough Administrator by a public authority or at least five residents of the Borough charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the Borough Administrator, on his or her own motion, that any building is unfit for human habitation or occupancy or use, the Borough Administrator shall, if his or her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the record owner of and parties in interest in such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Borough Administrator or a hearing arbiter, at a place therein fixed, not less than seven days nor more than 30 days after the service of said complaint, that the record owner and the parties in interest have the right to file an answer to the complaint at or before the time fixed for the hearing and to appear in person and give testimony at such hearing, and that the rules of evidence prevailing in the courts of New Jersey shall not be controlling at said hearing.
b. 
If the hearing is to be held before a hearing arbiter, the Borough Administrator shall inform the person named as hearing arbiter, and such hearing shall be conducted by the arbiter. If for any reason the such hearing arbiter shall not be able to conduct the hearing at the time and place set forth in the notice, the hearing may be adjourned from time to time with the consent of the Borough Administrator and the record owner and other parties in interest, or the Borough Administrator may conduct the hearing or may designate another person as hearing arbiter to conduct the hearing.
a. 
After notice and hearing, the individual who conducted the hearing may determine that a building is unfit for human habitation or occupancy or use if he or she finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the Borough. Such conditions may include, but are not limited to:
1. 
Defects therein increasing the hazards of fire, accident or other calamities.
2. 
Lack of adequate ventilation, light or sanitary facilities, including, but not limited to, running water and toilet facilities.
3. 
Dilapidation, disrepair, structural defects or uncleanliness.
b. 
The Borough Administrator or other hearing arbiter may request any public authority, officer or employee of the Borough to make such investigations and inspections of any building or buildings within the Borough and to present evidence relating to the condition of such building at any hearing held pursuant to the provisions of this section.
a. 
Within 30 days after the conclusion of any hearing held by a hearing arbiter other than the Borough Administrator, the hearing arbiter shall prepare a report containing recommended conclusions and a proposed order and shall file the original with the Borough Administrator and submit a copy, personally or by regular mail or e-mail, to the record owner or owners and parties in interest or their attorneys. Within 10 days after the delivery or mailing of the report and order, any record owner or party in interest may file written exceptions and argument with the Borough Administrator.
b. 
The report of the hearing arbiter and the written exceptions and argument, if any, shall be considered by the Borough Administrator before making a determination. The report of the hearing arbiter shall not be binding on the Borough Administrator, and the Borough Administrator's determination may, in whole or in part, adopt, modify, or reject the report; provided, however, that if the Borough Administrator shall change the order recommended, he or she shall not do so without first affording the record owner or record owners and other parties in interest an opportunity to present oral argument before the Borough Administrator.
If, after notice and hearing by the Borough Administrator or after notice of hearing and report by a hearing arbiter other than the Borough Administrator as set forth above, the Borough Administrator shall determine that the building or buildings under consideration is/are unfit for human habitation or occupancy or use, he/she shall state in writing findings of fact in support of such determination and shall issue and cause to be served upon the record owner or record owners thereof and the parties in interest an order:
a. 
Requiring the repair, alteration or improvement of the said building to be made by the record owner or record owners within a reasonable time, which shall be set forth in the order, or, at the option of the record owner or record owners, to vacate or have the building vacated and closed within the time set forth in the order;
b. 
If the building or buildings is/are in such condition as to make it dangerous to the health and safety of persons on or near the premises and the record owner or record owners fail to repair, alter or improve the building or buildings within the time specified in the order, then the record owner or record owners shall be required to remove or demolish the building or buildings within a reasonable time as specified in the order; and
c. 
Advising the record owner or owners that failure to comply with the requirements of the order may result in the Borough taking action necessary to remove or demolish the building or buildings.
a. 
Placarding of unfit building.
1. 
If a record owner fails to comply with an order to repair, alter or improve, or, at the option of the record owner, to vacate and close the building, the Borough Administrator may cause such building to be repaired, altered or improved, or to be vacated and closed; and the Borough Administrator may cause to be posted on the entrances of any building so closed a placard with the words: "This building is unfit for human habitation or occupancy or use; the use or occupancy of this building is prohibited and unlawful."
2. 
Any building which has been so declared and placarded as unfit for human habitation or occupancy or use shall be vacated forthwith, and no person shall thereafter occupy or use, permit, suffer or allow the occupancy or use of such building until such time as the building has been declared fit for human habitation, occupancy and use by the Borough Administrator in writing. The Borough Administrator shall declare such building fit for human habitation, occupancy or use upon proof that the repairs, alterations and improvements required under the order have been made to the satisfaction of the Borough, and the placard shall thereupon be removed forthwith.
3. 
No person shall deface or remove any placard from any building declared unfit for human habitation except the Borough Administrator or his or her designated agent.
b. 
If the record owner of any building fails to comply with an order to remove or demolish the designated building or buildings, the Borough Administrator may cause the building to be removed or demolished or may contract for the removal or demolition thereof after advertisement and receipt of bids therefor.
a. 
The costs incurred in the course of any proceeding undertaken pursuant to this section and the costs of repairs, alterations or improvements, or vacating or 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.
b. 
If the building is removed or demolished by the Borough, the Borough shall sell the materials of such building if financially feasible. There shall be credited against the costs of 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 or buildings. If there are no such credits or if the sum total of costs exceeds the total of credits, a detailed statement of the costs and amount due shall be filed with the Tax Assessor or other custodian of records of tax liens for the Borough of Point Pleasant Beach, and a copy thereof shall be forwarded to the record owner or record owners by certified mail. If the total of the credits exceeds the costs, the balance remaining shall be deposited in the Superior Court of New Jersey, on notice to the record owner or record owners and parties in interest, to be disbursed at the discretion of the court by court order to the persons or entities determined to be entitled thereto. Any record owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court of New Jersey to contest the reasonableness of the amount of the lien or the accuracy of the costs set forth in the Borough's lien certificate.
a. 
Complaints and orders issued by the Borough Administrator pursuant to the provisions of this section shall be served upon persons or entities personally or by certified mail if they cannot be served in New Jersey. If the whereabouts of any person or entity to be served is unknown and cannot be ascertained in the exercise of reasonable diligence, the Borough Administrator shall prepare an affidavit to that effect setting forth the inquiry made to locate such persons or entities. Service of a complaint or order then may be made upon said persons or entities by publishing same once each week for two successive weeks in a newspaper circulated in the Borough of Point Pleasant Beach.
b. 
A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order and shall also be recorded with the land records in the Ocean County Clerk's office.
This section shall not be construed to impair or limit in any way the power of the Borough to define and declare public nuisances and to cause their removal and abatement, by summary proceedings or otherwise.
Any person or entity affected by an order issued by the Borough Administrator shall be entitled to the remedies prescribed by N.J.S.A. 40:48-2.8.
Nothing in this section shall be construed to abrogate or impair the powers of any department of the Borough to enforce any provisions of its Charter or its ordinances or regulations or to prevent or punish the violation thereof.
Any person or entity who violates any provision of this section shall be subject to the fines and penalties set forth in Chapter 3, § 3-15. Each day on which a violation of this section continues shall be considered a separate and distinct violation of this section.