[1972 Code § 55-1; Ord. No. 1030]
a.
There is hereby established, in the Borough, 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.
b.
Each official position created in paragraph a hereof shall be filled
by a person qualified for such position pursuant to P.L. 1975, c.
217, as amended, and N.J.A.C. 5:23 provided that, in lieu of any particular
subcode official, an on-site inspection agency may be retained by
contract pursuant to N.J.A.C. 5:23. More than one such official position
may be held by the same person, provided that such person is qualified
pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such
position.
c.
The public shall have the right to do business with the enforcing
agency at one office location except for emergencies and unforeseen
or unavoidable circumstances.
[1972 Code § 55-2; Ord. No. 1030; Ord. No. 1093; Ord. No. 1183; Ord. No.
1449; Ord. No. 1454; Ord. No. 1473; Ord. No. 1486-89; Ord. No. 1507-90; Ord. No. 1555-91; Ord. No. 1580-92; Ord.
No. 1596-93; Ord. No. 1708-96; Ord. No. 1787-99 § 1; Ord. No. 1860-01 § 1; Ord. No. 1911-03 § 1; Ord. No. 2023-08 § 1; Ord. No. 2069-10 § 2); Ord. No. 2180-15; amended 5-17-2021 by Ord. No. 2349-21]
b.
Basic Construction Fee. The basic construction fee shall be the sum of the parts computed on the basis of the volume or the cost of construction, the number of plumbing fixtures and pieces of equipment, the number of electric fixtures and devices and the number of sprinklers, standpipes and detectors (smoke and heat) at the unit rates provided herein plus any special fees. The minimum fee for a basic construction permit covering any or all of building, plumbing, electric or fire protection work shall be as stated in Chapter 16, Fees, except as herein provided.
1.
Building Volume or Cost. The fees for new construction or alteration
are as follows:
(a)
Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The new construction fee shall be as stated in Chapter 16, Fees.
(b)
Fees for renovations, alterations, and repairs or site construction associated with premanufactured construction shall be based on the estimate cost of work. The fees shall be as stated in Chapter 16, Fees.
(c)
Fees for additions shall be computed on the same basis as new construction for the added portion. The minimum fee shall be as stated in Chapter 16, Fees.
4.
Fire protection and other hazardous equipment: Sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression systems, gas and oil fired appliances not connected to the plumbing system, kitchen exhaust systems and flues. In computing fees for heads and detectors, the number shall be counted separately and two fees, one for heads and one for detectors, shall be charged. The fees shall be as stated in Chapter 16, Fees.
c.
Elevators. The fee for a permit to install an elevator shall be as stated in Chapter 16, Fees, plus the costs charged by the Elevator Safety Unit of the State of New Jersey.
e.
Periodic Inspections. Fees for the periodic reinspection of equipment and facilities granted a certificate of approval for a specified duration in accordance with N.J.A.C. 5:23-2.23 shall be as stated in Chapter 16, Fees.
g.
In order to provide for training, certification and technical support programs required by the Uniform Construction Code Act and the Regulations, the enforcing agency shall collect the fees as stated in Chapter 16, Fees.
h.
All fees shall be rounded to the next dollar.
i.
All fees collected pursuant to this chapter shall be promptly remitted
to the Municipal Treasurer.
[Ord. No. 1804-99 §§ 1,
2]
a.
Construction permits issued pursuant to Section 14-1 State Uniform Construction Code Enforcing Agency of the Code of the Borough of Manasquan shall be prominently displayed on the street side of a structure or appurtenance to any structure so that the construction permit is plainly visible on the street adjacent to the property on which the construction is taking place.
b.
The construction permit shall be displayed prior to the commencement
of construction and shall be displayed until a certificate of occupancy
or continued certificate of occupancy is issued by the Construction
Code Official.
[Ord. No. 1764-98 § 1; Ord. No. 2057-09 § 11]
a.
Application to Zoning Officer Prior to the Issuance of a Construction
Permit.
1.
An application shall be made to the Zoning Officer prior to the issuance
of a construction permit for construction of a new building or structure
or any addition, expansion or alteration, including the installation
of a heating system, to an existing building or structure.
2.
If the Zoning Officer determines that the application complies with the provisions of Chapter 35, Zoning, of the Municipal Code and other applicable laws, the Zoning Officer shall issue a zoning permit to the applicant. The applicant may then request that the Construction Official issue a construction permit.
3.
If the Zoning Officer determines that the application does not conform with the provisions of Chapter 35, Zoning, or other applicable laws, the Zoning Officer shall issue a written denial of the application and inform the applicant of the procedure to apply to the Planning Board for relief of the provisions of Chapter 35, Zoning.
b.
Plot Plan. A plot plan shall be submitted to the Zoning Officer prior
to the commencement of construction of a new building or structure
or construction of an addition to an existing building or structure.
The plot plan shall show all existing and proposed buildings and structures
on the property, and flood elevations levels. After a written determination
is made by the Zoning Officer that the new building or structure or
existing building or structure and proposed addition conforms with
applicable zoning requirements, the Zoning Officer shall issue a zoning
permit to the applicant. The applicant may then request the Construction
Official issue a construction permit. The applicant must also submit
an affidavit certifying that the plot plan/survey or sketch is accurate.
c.
Grading Plan. A grading plan prepared by a licensed engineer shall
be submitted for the construction of any new building or structure
or construction of an addition having a foundation area in excess
of 500 square feet to an existing building or structure. The plan
must demonstrate that surface water does not spill onto neighboring
properties and that the proposed grade elevation will not negatively
impact neighboring properties. The grading plan shall be subject to
the review and approval of the Construction Official and Municipal
Engineer.
d.
Foundation Location Survey. A foundation location survey prepared
by a licensed land surveyor shall be submitted to the Zoning Officer
prior to the commencement of any above grade level construction of
a new building or structure or construction of an addition having
a foundation area in excess of 500 square feet to an existing building
or structure. After a determination is made by the Zoning Officer
that the new building or structure or an addition to an existing building
or structure conforms with applicable zoning requirements, the applicant
may continue construction of all elements above the foundation of
the building or structure.
e.
As-Built Survey. An "as-built" survey shall be submitted with an
application for the issuance of a certificate of occupancy for new
construction of any building or structure or construction of an addition
having a foundation area in excess of 500 square feet to an existing
building or structure. The "as-built" survey shall be prepared and
certified by a licensed land surveyor and shall show the location
of all buildings and structures and the existing finished surface
elevations at all lot corners, house corners and all other locations
necessary to show conformity with the grading plan.
[1972 Code § 53-1]
It shall be the duty of the Construction Official to make report
in writing to the Borough Council, of any and all buildings, walls
or structures in the Borough that are or may become unsafe and dangerous
to life or health or which may tend to extend a conflagration, and
if the buildings, walls or structures can be so repaired, strengthened,
altered or fireproofed as to remove the danger, the Construction Official
may include in his report a specification of such repairs or alterations.
[1972 Code § 5-3.2]
Upon the Fire Inspector making a report that any building, wall
or structure in the Borough is of such a character or situation as
might tend to extend a conflagration, the matter shall be referred
to the Construction Official for his examination and report to the
Borough Council.
[1972 Code § 53-3]
Upon the filing of a report by the Construction Official or
by any other person that a building, wall or structure in the Borough
is unsafe and dangerous to life or health or that the same may tend
to extend a conflagration, the Borough Council shall hold a hearing
to determine whether such building, wall or structure is dangerous
to life or health or whether the same might tend to extend a conflagration,
and shall cause notice in writing of the time and place of the hearing
to be served upon the owner or owners of such building, wall or structure,
in the manner hereinafter set forth. Such notice shall be served at
least 10 days prior to the day fixed for such hearing, shall contain
the statement that at such hearing the Borough Council shall inquire
into and determine whether the building, wall or structure therein
described is or may become dangerous to life or health or might tend
to extend a conflagration, and also the statement that in case it
shall be determined to be necessary to remove or destroy such building,
wall or structure, an inquiry and determination will be made as to
the manner such removal or destruction is to be carried out, and shall
contain a description of the property affected, sufficiently definite
in terms to identify the same.
[1972 Code § 53-4]
If the Borough Council shall determine after the termination
of such hearing, that such building, wall or structure is or may become
dangerous to life or health or is of such character as might tend
to extend a conflagration, the Borough Council shall also determine
the manner in which the removal or destruction of the building, wall
or structure shall be carried out, and shall cause notice in writing
to be served upon the owner or owners of such building, wall or structure
of such determination and shall thereby also give notice that unless
such building, wall or structure is removed or destroyed within 30
days after the service of such notice, the Borough will proceed with
such removal or destruction or cause the same to be proceeded with,
and that the cost thereof shall be assessed as a municipal lien against
the premises.
[1972 Code § 53-5]
The notices mentioned in this chapter may be served upon the
owner or owners resident in the Borough, in person or by leaving the
same at their usual place of residence with a member of their family
above the age of 14 years; in case any such owner shall not reside
in the Borough, notice may be served upon such owner personally or
mailed to such owner's last known post office address, or it may be
served upon the occupant of the property or upon the agent of the
owner in charge thereof; in case the owner of any such property is
unknown or service cannot for any reason be made as above directed,
notice thereof shall be published at least once not less than 30 days
before the proposed removal or destruction, in a newspaper circulating
in the Borough; there may be inserted in the advertisement notice
to the owner or owners of several different parcels of land. Notice
to infant owners, or owner or owners of unsound mind, shall be served
upon their guardians. Where lands are held in trust, service shall
be made upon the trustee. Where lands are held by two or more joint
tenants, tenants in common or tenants by the entirety, service upon
one of such owners shall be sufficient and shall be deemed and taken
as notice to all.
[1972 Code § 53-6]
Proof of service of notice shall be filed within 10 days thereafter
with the officer having charge of the record of tax liens in the Borough,
but failure to file the same shall not invalidate the proceedings
if service has actually been made as herein provided.
[1972 Code § 53-7]
When any such removal or destruction shall have been undertaken
and completed by the Borough, an accurate account of the cost and
expense thereof shall be kept, and a true statement under oath or
affirmation shall be filed by the Construction Official, who shall
be in charge of such removal or destruction, with the Municipal Clerk.
The Borough Council shall examine the same and, if the same is properly
made, shall confirm it and file such report with the Municipal Clerk
who shall record the same in a book to be kept for that purpose.
[1972 Code § 53-8]
The cost of such repairs, alterations, fireproofing, removal
or destruction shall be assessed as a municipal lien against the premises.
The assessment shall be made upon notice by the same officer or officers
who are authorized by law to make assessments, and in the same manner
as assessments for improvements are now made. After the costs shall
be assessed according to law, the amount thereof shall be a municipal
lien against the premises.
[1972 Code § 53-9]
All work in connection with the repairing, altering, fireproofing,
removing or destroying of any building, wall or structure pursuant
to the terms of this chapter shall be in the charge of the Construction
Official, with the approval and authorization of the Borough Council.
[1972 Code § 53-10]
The Construction Official may determine that a building is unfit
for human habitation or occupancy or use if he 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
the following (without limiting the generality of the foregoing):
defects therein increasing the hazards of fire, accident or other
calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation; disrepair, structural defects; uncleanliness; bad conditions
of its walls; overload of floors.
[1972 Code § 53-11]
If there shall be, in the opinion of the Construction Official,
actual and immediate danger of falling of a building or structure
or part thereof so as to endanger public safety, life or property,
he shall cause the necessary work to be done to render the building
or structure or any part thereof temporarily safe, whether the procedure
prescribed by this section for unsafe buildings and structures has
been instituted or not. Such work shall be done at the owner's expense,
and the amount thereof shall become a lien upon the property affected.
[1972 Code § 54-1]
a.
No building or structure shall be moved from one location to another
into or out of the Borough from any place beyond the limits of the
Borough without first obtaining a permit.
b.
Moving Buildings.
1.
Any person, partnership or corporation desiring to move an existing
building or structure from one location to another in the Borough
shall file a complete set of plans in detail showing the nature and
manner of the construction in the building as it presently exists.
The plans of the building must disclose that the building meets all
of the ordinances controlling the construction and erection of buildings
in the Borough and that the use to which the building will be put
complies with the Zoning Ordinances of the Borough, and until the
building complies with all the Building Ordinances of the Borough,
no permit shall issue for the moving of the building.
2.
All applications for moving permits, together with the plans, shall
forthwith be submitted to the Mayor and Borough Council for final
approval of the moving permit.
3.
All moving permits shall be limited to a period of one month, after
which date the permit shall expire.
[1972 Code § 54-2]
The chapter shall be enforced as hereinafter provided and by
the Construction Official.
[Ord. No. 2134-13]
a.
In addition to the requirements set forth in subsection 14-3.1, any person, partnership or corporation seeking to temporarily move an existing building or structure onto Borough property for the purpose of raising and/or altering the building or structure shall submit an application to the Mayor and Council satisfying the following requirements in order to receive a permit:
1.
The start and end date for construction and relocation of any structure
must be specified;
2.
The applicant must post a bond with the Borough in an amount to be
determined by the Borough Engineer in an amount no less than $20,000;
3.
The applicant must provide an insurance certificate naming the Borough
of Manasquan as an additional insured;
4.
The applicant must provide a list of all vehicles and the weight
of each vehicle that will be used on Borough property;
5.
All structures must be removed from Borough property no later than
April 31st of each year this provision is in effect;
6.
No vehicle may be parked on the Beach Emergency Access Way at any
time;
7.
The applicant must submit a "hold harmless" agreement to the Borough
for review by the Borough Attorney and must be executed prior to commencement
of work;
8.
All use of the Beach Emergency Access Way must cease no later than
May 22nd of each year this provision is in effect;
9.
The structure must be secured with a fence which shall be no less
than six feet in height.
10.
The applicant must complete and submit to the Municipal Clerk the
"Application to Use the Beach Emergency Access."
b.
The temporary relocation of buildings and structures onto Borough
property shall only be permitted between October 15th and April 30th
and shall no longer be permitted under any circumstances after December
31, 2014 unless further legislative action is taken to extend the
provisions of this Section.
c.
Any person, partnership or corporation who fails to obtain a permit
before relocating any building or structure onto Borough property
will be subject to a fine of $500 per day that the building or structure
remains on Borough property.
[1972 Code § 83-1]
As used in this section:
Shall mean any building, including hotels and motels, to
be used for housing purposes in which any person or persons are roomed
or lodged for consideration.
[1972 Code § 83-2]
No person, firm or corporation shall engage in the business
of conducting, operating or maintaining a rooming house, as herein
defined, unless the person, firm or corporation shall have first secured
a license to engage in said business.
[1972 Code § 83-3]
a.
Applications for original licenses shall be made in writing, to the
Code Enforcement Department and shall set forth the following information:
1.
Full name and address of proprietor or operator of such rooming house
and the name of the owner of the premises whereon such rooming house
is situate.
2.
Location of the premises to be licensed.
3.
The portions of the building intended to be used as a rooming house.
4.
Number and location of bedrooms of rooming house.
5.
Square foot floor area and cubic foot content of each room.
6.
Statement showing that sanitary facilities are available to, in and
upon the premises to be licensed.
7.
Such other information as the Mayor and Council shall require on
applications, to be adopted by resolution from time to time.
b.
Applications for renewals of existing licenses need state only that
no changes have been made in the premises or operating thereof as
originally licensed.
[1972 Code § 83-4; Ord. No. 987; New; Ord. No. 2069-10 § 3; Ord. No. 2180-15]
The annual fee for the license to engage in the business of conducting, operating or maintaining a rooming house shall be the sum of the fees stated in Chapter 16, Fees, for each room used for sleeping purposes. The license shall be for the calendar year or fraction thereof and shall terminate on December 31 of the year issuance.[1]
[New]
Inspections shall be made pursuant to the provisions of N.J.S.A.
55:13A-1 et seq. or N.J.S.A. 55:13B-1 et seq.
[1972 Code § 83-6]
a.
Any application for a license to operate or maintain a rooming house,
including applications for renewals of existing licenses, shall be
referred to the Inspector, and the Inspector shall make an inspection
of the premises to be licensed in which the business is to be conducted
to ascertain if the building thereon is suitable for said purpose
and if the building complies with the provisions of this section and
any and all ordinances and regulations of the Borough and with the
laws of the State of New Jersey. The Inspector shall report in writing
the result of his examination, and if the report of the Inspector
discloses that the premises for which the license is sought complies
with the provisions of this section and with all other ordinances
and regulations of the Borough and with the laws of the State of New
Jersey, the Code Enforcement Department shall issue a license to operate
and maintain the business of a rooming house in these premises.
b.
If the Inspector shall determine upon inspection of premises which
the license is applied for that the building thereon does not comply
with this section and with all other ordinances and regulations of
the Borough and with the laws of the State of New Jersey, then and
in that event no license shall be granted to conduct such business.
c.
Nothing herein contained shall prevent the Chief of Police or the
Fire Inspector, Board of Health, Construction Official from inspecting
or investigating the premises to determine whether or not the ordinances
and regulations of the Borough and State are being complied with by
the applicant.
[1972 Code § 83-7]
No room in any licensed premises shall be used or occupied by
more than four persons. No room shall be used as a sleeping room which
does not open to the outside of the building on street or alley side
or to a yard or court, and each sleeping room shall have at least
one door and one escape window which shall be not less than eight
square feet in area.
[1972 Code § 83-8]
No kitchen, garage, lobby, hallway, barn or porch, other than
a sleeping porch above the first floor, shall be used or occupied
as a sleeping room.
[1972 Code § 83-9]
Every licensed premises providing accommodation for rooming
or lodging purposes shall comply with the State Uniform Fire Safety
Act.
[1972 Code § 83-10]
Every rooming house shall keep a register setting forth the
following information:
[1972 Code § 83-11]
It shall be unlawful for the lessee, proprietor or operator
of any rooming house other than a hotel or motel as defined in N.J.S.A.
55:13A-3, to let, underlet, rent or permit any licensed premises or
any part thereof for the purpose of being occupied by any person or
persons with the privilege of installing in any room which is occupied
or intended, arranged or designed to be occupied as a sleeping room
any gas, electric range or stove or any other apparatus or appliance
to be used for the purpose of cooking, storing or preparing food.
[1972 Code § 83-12]
It shall be unlawful for the lessee or occupant of any rooming
house, other than a hotel or motel, as defined in N.J.S.A. 13A-3,
to store foodstuffs or to cook or otherwise prepare food in any room
in a licensed premises, which room or rooms are occupied or intended,
arranged or designed to be occupied as a sleeping room or rooms.
[1972 Code § 83-13]
The license required by this section, together with a copy of
this section, which shall be furnished by the Borough, shall be posted
in a conspicuous place in the lobby or main entrance hall of every
licensed premises.
[1972 Code § 83-14]
a.
Every licensed premises in the Borough providing housing accommodations
on or above the third floor thereof shall be provided in each room
above the second floor with some means of escape in the event of fire
other than the usual single stairway leading to such accommodations.
Other means of escape shall be one of the following:
b.
Portable fire extinguishers shall be available on every floor at
suitable locations. Such extinguishers shall bear the approval of
the National Board of Fire Underwriters or the Underwriters' Laboratories.
[1972 Code § 83-15]
Any license granted under the provisions of this section may
be revoked or suspended by the Mayor and Council in the event that
any of the provisions of this section or any other ordinances of the
Borough or any law of the State of New Jersey are violated by the
licensee or in the event any licensee suffers any of the above referred
to ordinances, regulations or laws to be violated on the licensed
premises.
[1972 Code § 92-1]
All lands abutting on any public street shall be numbered on
a basis of one number for each 25 feet of street frontage.
[1972 Code § 92-2]
The numbering on every public street running easterly and westerly
shall begin at the dividing line between the Township of Wall and
the Borough of Manasquan, or at the westerly terminus of such street.
The northerly side of every such street shall be numbered with even
numbers and the southerly side thereof with odd numbers.
[1972 Code § 92-3]
The numbering on every public street running northerly and southerly
to or across Main Street shall begin at Main Street, and the easterly
side of every such street shall be numbered with even numbers and
the westerly side thereof with odd numbers. The section of every such
street crossing Main Street lying to the north thereof shall be designated
by the name of such street preceded by the word "North," and the section
of such street crossing Main Street lying to the south of Main Street
shall be designated by the name of such street preceded by the word
"South."
[1972 Code § 92-4]
The numbering on every public street running northerly and southerly
and not extending to or across Main Street shall begin at the southerly
terminus of such street if it lies north of Main Street, and at the
northerly terminus of such street if it lies south of Main Street.
The easterly side of every such street shall be numbered with even
numbers and the westerly side thereof shall be numbered with odd numbers.
[1972 Code § 92-5]
The owner of every building fronting on any street shall at
all times conspicuously display on the front thereof a street number,
determined in accordance with the provisions of this section, of such
size as may be plainly visible from the street.
[1972 Code § 92-6]
The Borough Tax Assessor shall furnish to any persons applying
therefor the correct number or numbers of any lands.
[1972 Code § 96-1]
As used in this section:
Shall mean artificially constructed swimming pools or tanks,
plastic or otherwise, established or maintained upon any premises
by an individual for his own or his family's use or the use of guests
of his household, that are one 100 square feet in area or more.
Shall mean either outdoor or indoor pools which are artificially
constructed to provide recreation facilities for swimming, bathing
or wading. It shall not include private swimming or wading pools,
as hereinabove defined, or bathing facilities installed as an integral
part of a dwelling.
[1972 Code § 96-2; Ord. No. 1046; Ord. No. 2180-15]
No swimming pool shall be constructed within the Borough unless
the owner or the person in possession of the lands on which the swimming
pool is to be constructed shall first obtain from the Construction
Official, prior to the commencement of construction, a construction
permit therefor.
a.
The application for approval must be submitted in writing to the Construction Official, together with a plan, and must be accompanied by a filing fee as stated in Chapter 16, Fees, of pool capacity.
b.
The plan submitted with each application must contain the following:
1.
Size of the pool.
2.
Position of the pool showing clearly and accurately its relation
to property lines and building lines.
3.
The material to be used in construction.
4.
Plumbing features.
5.
Safety features (for the public pools, lifeguards, etc.).
6.
Type of pool (general public, club or private).
7.
Waste disposal facilities.
8.
Pool water treatment facilities and capacities.
9.
Specifications showing all detailed plans.
c.
The Construction Official, upon receipt of a proper application and
after examination thereof and inspection of the proposed location,
if satisfied that all requirements under this section will be satisfactorily
met, shall issue a construction permit for such pool.
[1972 Code § 96-4]
All materials used in the construction of a swimming pool shall
be waterproof and easily cleaned.
[1972 Code § 96-5]
a.
There shall be no physical connection between a potable public or
private water supply system and pool at a point below the maximum
flow line of the pool or to a recirculating or heating system of the
pool unless such physical connection is so installed and operated
that no pool water can be discharged or siphoned into potable water
supply system.
b.
Every swimming pool shall have a complete recirculating purifying
system which shall have a capacity for recirculating the pool content
within 24 hours.
c.
Physical, chemical and bacterial qualities of water shall comply
at all times with the latest recommendations made by the American
Public Health Association and by the New Jersey State Department of
Health.
d.
The construction, maintenance and operation of all public or private
club pools shall be in accordance with Sections III to XV inclusive
of the Swimming Pool Code of New Jersey (1955), and the sections are
hereby adopted, a copy of the sections being annexed hereto and made
a part hereof without inclusion of the text thereof. Three copies
of the Swimming Pool Code of New Jersey (1955) have been placed on
file in the Office of the Municipal Clerk upon the introduction of
this section and will remain on file in the office for use and examination
of the public.
e.
The disposal or discharge of water from any swimming pool shall be
accomplished without causing health hazard and/or nuisance.
[1972 Code § 96-6]
a.
Every swimming pool shall be enclosed by a substantial fence or wall
or an enclosure comparable to such fence or wall of not less than
four feet in height and so constructed as to prevent, within reason,
any person from gaining access through or beneath the fence, wall
or enclosure and shall have a similarly substantial gate or gates
of the same height which must be bolted at its maximum height when
the swimming pool is not in use. The dwelling house or accessory building
may be used as part of the enclosure.
b.
All swimming pools must have at least one staircase or rigid ladder
to permit easy exit from the pool.
c.
No aluminum paint shall be used in or around any swimming pool.
[1972 Code § 96-7; Ord. No. 1046]
a.
All areas surrounding a swimming pool shall be made and kept neat
and attractive so as to be in conformity with surrounding property.
No rubbish, debris or litter shall be permitted to remain or accumulate
in or about the pool.
b.
Lights used to illuminate a swimming pool shall be so arranged and
shaded as to reflect light away from any and all adjoining premises.
All electrical wiring, fixtures and apparatus used in connection with
the pool and whether above or below grade shall be properly insulated
and enclosed in waterproof conduits or compartments.
c.
Each swimming pool shall be maintained and operated so it does not
cause noise, nuisance or annoyance to neighboring property owners
or citizens and residents of the Borough.
d.
An owner or person in possession of a swimming pool shall allow the
Health Inspector or Construction Official and other authorized Borough
officials access to the premises to inspect the pool and appurtenances
and to ascertain compliance with this section at any time it may be
deemed necessary and/or required.
e.
All public or private club swimming pools existing at the time of
the passage of this section shall be made to conform to the provisions
of this section within 30 days of the adoption and approval thereof.
f.
All private swimming pools existing at the time of the passage of
this section shall be made to conform to the provisions of this section
within 60 days of the adoption and approval thereof.
[1972 Code § 96-8; Ord. No. 2069-10 § 4; Ord. No. 2180-15]
No license fees shall be paid for private swimming pools. An owner or person in possession of a public or private club swimming pool shall pay a license fee as stated in Chapter 16, Fees annually, which license shall expire on December 31 of each year, and application for renewal thereof shall be submitted, together with the required fee, prior to May 1 of each year.
[1972 Code § 80C-1]
No person, firm or corporation shall convey, grant or otherwise
transfer title to real property with a residential, business or commercial
structure or improvement thereon or permit the same to be sold without
first obtaining a real property transfer permit; nor shall any person,
firm or corporation purchasing real property with a residential, business
or commercial structure or improvement thereon purchase or occupy
the real property without first securing a real property transfer
permit from the Code Enforcement Official. This provision shall not
apply to a newly constructed structure for which a certificate of
occupancy is issued under the Uniform Construction Code.
[1972 Code § 80C-2; New; Ord. No.
1930-04 § 1; Ord. No.
1980-06 § 2]
a.
A real property transfer permit shall be issued to the applicant upon a determination being made that the structure or improvement is fit for human habitation or occupancy according to ordinances adopted by the Borough and standards of Chapter 13, Property Maintenance Code. Further, the Code Enforcement Official shall ascertain that the following facilities are provided:
1.
In the case of a residential structure, adequate toilet and bathing
facilities shall be provided within the structure.
2.
In the case of a business or commercial structure, adequate toilet
facilities shall be provided within the structure.
3.
In the case of a residential structure, fireproofing shall be provided
for any door leading between the dwelling unit and the garage.
4.
In the case of a residential unit adjoining a garage or located above
a garage, the garage shall be adequately protected with 1/2 inch of
Fire Code sheetrock where the existing garage is sheetrocked or 5/8
inch of Fire Code sheetrock in a garage which currently does not contain
sheetrock.
5.
No fire hazards shall exist in the structure.
6.
No electrical hazards shall exist in the structure.
7.
Smoke detectors capable of sensing visible and invisible particles
of combustion shall be required on each floor and the basement area
in all principal structures on a lot. The smoke detectors shall be
approved, listed and labeled by Underwriter's Laboratories, Inc.,
and shall be installed in a manner and location consistent with the
requirements of the New Jersey Uniform Construction Code and approved
by the Municipal Fire Subcode Official. The smoke detector shall provide
an alarm suitable to warn the occupant of the structure when actuated
by the presence of smoke therein. Smoke detectors shall be installed
as required by the provisions of N.J.S.A. 52:27D-198.1.
Carbon monoxide detectors shall be required in all principal
structures which contain fuel-burning appliances or have an attached
garage. Standard NFPA-720 requires only one detector per sleeping
area. Carbon monoxide detectors shall be approved, listed and labeled
by Underwriter's Laboratories, Inc. and shall be installed in a manner
and location consistent with the requirements of the New Jersey Uniform
Fire Code. The carbon monoxide detector shall provide an alarm suitable
to warn the occupant of the structure when actuated by the presence
of carbon monoxide therein. Carbon monoxide detectors shall be installed
as required by the provisions of N.J.S.A. 52:27D-133.3.
Portable fire extinguishers shall be installed in accordance
with the provisions of N.J.S.A. 52:27D-198.1.
8.
Sidewalks, driveway aprons and curbs shall be in good repair and
in a safe condition.
b.
The report of the Code Enforcement Official shall include the following
information:
1.
The number of water meters and remote reading devices monitoring
the water supply to the structure.
2.
The number of individual residential, business or commercial units
on the property.
3.
The existence of any sump pump and the place where water is discharged
from the pump.
4.
The number of kitchen or kitchen facilities contained in the structure.
5.
Any physical barriers, walls or doorways that could be used for the
separation of a unit or units into additional dwelling units.
[1972 Code § 80C-3; New]
a.
An application for a Real Property Transfer Permit shall be made,
in writing, to the Code Enforcement Official and shall contain the
following information:
1.
The names, addresses and phone numbers of the owner of the property.
2.
A description of the property and the residential, business or commercial
structures being sold.
3.
The name, address and phone number of any person, firm or corporation,
if any, appointed by the owner as a representative with respect to
the sale.
4.
The name, address and phone numbers of the proposed purchaser of
the property.
5.
In the case of a residential structure, the number of persons who
shall occupy the dwelling unit if the sale is consummated.
6.
The total sales price of the real estate, exclusive of any sum paid
for personal property which may be included in the sale.
7.
The consent of the owner to any necessary inspection of the premises
being made by the Code Enforcement Official or any other agent of
the municipality required to fulfill the intent and purpose of this
chapter.
b.
The transfer permit application shall be in the form of an affidavit
to insure the accuracy of the information supplied by the applicant.
[1972 Code § 80C-4; Ord. No. 1930-04 § 2; Ord. No. 2063-10 § 5; Ord. No. 2180-15]
The application fee for a real property transfer permit shall be paid at the time the application is filed and shall not be refundable. A separate fee shall be paid for each residential, business or commercial unit on the real property. The fees shall be as stated in Chapter 16, Fees.
[1972 Code § 80C-5]
a.
Within 10 days of the receipt of a complete application, application
fee and the Code Enforcement Official being able to schedule an inspection
or reinspection of the property, a real property transfer permit or
a denial of the request for a permit shall be issued. In the event
of a denial, the Code Enforcement Official shall list, in writing,
the reasons for the denial.
b.
The Code Enforcement Official shall have the discretion to issue
a temporary real property transfer permit for a period not to exceed
90 days if the structure substantially complies with the criteria
established in this section. In such event, the temporary permit shall
be conditioned upon the completion of work within a time period established
by the Code Enforcement Official. A temporary permit shall be void
if all necessary items are not completed within the required time
period. The failure to comply with the conditions contained in a temporary
permit within the required time period shall require the structure
to be vacated. Continued occupancy of a structure once required to
be vacated shall be a violation of this section.
[1972 Code § 80C-6]
Any real estate broker or salesperson who negotiates the sale
of any real property with a residential, business or commercial structure
or improvement thereon shall, within 10 days of the execution of an
agreement of sale, notify the seller and buyer, in writing, of the
necessity of obtaining a real property transfer permit pursuant to
this section.
[1972 Code § 80A-1: Ord. No. 1388]
No person, firm or corporation shall engage in the business
of contracting and rendering plumbing services within the Borough
unless such person, firm or corporation is licensed pursuant to the
provisions of N.J.S.A. 45:14C-1 et seq.
[Ord. No. 1710-96 § 1; Ord. No. 1922-04 § 1; Ord. No. 1996-07 § 2; Ord. No. 2069-10 § 5; Ord. No. 2180-15; Ord.
No. 2234-2017]
a.
No Construction Permit shall be issued until a Zoning Permit has
been issued.
b.
No building or structure shall be erected, expanded or structurally
altered until a permit therefor has been issued by the Construction
Official. Applications for a Construction Permit shall be made in
accordance with the requirements of the New Jersey State Uniform Construction
Code.
c.
No building or structure shall be occupied until a Certificate of
Occupancy is issued by the Construction Official and Zoning Officer.
d.
No person shall erect, alter, modify or expand a sign until a permit
has been issued by the Zoning Officer; provided however, no permit
shall be required for exempt signs or for conforming modifications
of the graphic content of the sign.
e.
A Zoning Permit shall be secured from the Zoning Officer prior to:
1.
Application for or issuance of a Construction Permit, except for
minor work or ordinary repairs as defined in the Uniform Construction
Code;
2.
Construction, alteration, repair, remodeling or conversion of any
building or structure;
3.
Construction of a new sign and expanding or relocating an existing
sign;
4.
Construction of a new fence or relocating an existing fence;
5.
Construction of any site improvement either above or below ground;
6.
Issuance of a Certificate of Occupancy where a Construction Permit
was not previously required.
f.
Application for a Zoning Permit shall be made in writing by the property
owner or his authorized agent on a form prepared by the Zoning Officer
and shall include the following:
1.
A statement of the use or the intended use of the building, structure
or land;
2.
An elevation drawn to scale of the building or structure to be constructed
including the proposed location of signs and their content and manner
of construction;
3.
A plan to scale showing all proposed or existing buildings, signs,
parking areas, setbacks and front, side and rear yard setback distances
in exact relation to the street and lot lines;
4.
The percentage of existing and proposed lot coverage;
5.
The percentage of existing and proposed impervious surfaces; and
6.
The location of any wetlands, wetlands transition areas, easements,
floodplains or slopes of 10% or greater.
g.
The Zoning Officer shall process a complete application for a Zoning
Permit within 10 days of its submission.
h.
Prior to issuance of a Zoning Permit, the applicant shall obtain,
all other required permits and provide such proof of the issuance
of these permits to the Zoning Officer.
i.
Zoning Permits for signs:
1.
Application shall be made to the Zoning Officer for the issuance
of a Zoning Permit by any person proposing to erect, alter, modify
or expand any sign except an "exempt sign."
2.
If the Zoning Officer determines that a sign requires the issuance
of a Zoning Permit, and; is not part of an application to the Planning
Board or Zoning Board of Adjustment; is permitted as an accessory
structure; and meets all zoning requirements, a permit shall be issued.
The applicant shall also be required to apply for a Construction Permit
and any other related permits.
3.
If the Zoning Officer determines that the proposed sign is part of
a subdivision, site plan or conditional use application or does not
comply with applicable zoning regulations, the Zoning Officer shall
refer the applicant to the appropriate Development Board for approval.
4.
The graphic content of a sign may be modified without obtaining a
Zoning Permit provided that the proposed graphic content complies
with all zoning requirements.
k.
A zoning permit shall expire in nine months from the date of the
final approval.
