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
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
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.
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.
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.
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.
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.
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.