[1974 Code § 57-1; Ord. No. 54-76]
There is hereby established in the Township a State Uniform Construction Code enforcing agency, to be known as the "Berkeley Township Construction Department," consisting of a Construction Official, Building Subcode Official, Fire Protection Subcode Official, Plumbing Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs of the State of New Jersey shall hereafter adopt as part of the State Uniform Construction Code and as may be authorized by the Township of Berkeley. The Construction Official shall be the chief administrator of the enforcing agency and shall be responsible as a department head and shall report directly to the Township Council. He shall be responsible for the operation of his agency in the same manner as any other department head in the Township.
[1974 Code § 57-2; Ord. No. 54-76]
Each official position created in the previous section 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 law to hold each such position.
[1974 Code § 57-3; Ord. No. 1-77; Ord. No. 7-79; Ord. No. 2-81; Ord. No. 11-83; Ord. No. 84-11; Ord. No. 91-15; Ord. No. 92-23; Ord. No. 93-6; Ord. No. 94-04; Ord. No. 94-43; Ord. No. 94-51; Ord. No. 95-36; Ord. No. 96-37 § 1; Ord. No. 99-3 § 1; Ord. No. 02-28-OAB § 1; Ord. No. 03-08-OAB § 1; Ord. No. 08-08-OAB § 1; Ord. No. 09-30-OAB; Ord. No. 11-03-OAB; Ord. No. 2013-14-OAB; Ord. No. 2016-20-OA]
a. 
Building Subcode Fees:
1. 
New Construction: Fees for new construction shall be based upon the volume of the structure except for premanufactured construction. Premanufactured construction fees shall be based on the cost of work unit rate per $1,000 of site construction associated with installation of the premanufactured unit, as per N.J.A.C. 5:23-4.18(c)ii. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. Use groups and type construction are classified and defined in article 3 and 4 of the building subcode.
(a) 
New construction:
(1) 
Use groups R-1, R-2, R-3, R-4, R-5 and U per cubic foot of volume: 0.034
Minimum fee: $58.
(2) 
All other use groups per cubic foot of volume: 0.034
Minimum fee: $58
(3) 
Structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d) per cubic foot of volume: $0.019
Maximum fee: $1,443
(b) 
Premanufactured construction:
(1) 
All use groups per $1,000 of site construction associated with installation of the premanufactured unit: $58
2. 
Renovations, Alterations and Repairs: Fees based on estimated cost of work. To determine estimated cost, the applicant shall submit to the Construction Official such cost data as may be available, produced by the architect, engineer of record, recognized estimating firm or contractor, a bona fide contractor's bid if available shall be submitted. The Construction Official shall make the final decision regarding the estimated cost.
The fee shall be in the amount of $30 per $1,000 of cost to $50,000. From $50,001 to and including $100,000, the additional fee shall be in the amount of $23 per $1,000 of estimated cost above $50,000. Above $100,000, the additional fee shall be in the amount of $19 per $1,000 of estimated cost above $100,000.
3. 
Additions: Fees shall be computed on the same basis as for new construction for the added portion.
4. 
Combination renovations and additions: Fees shall be computed separately in accordance with Subsections 1 and 2 above.
5. 
Bulkheads, docks, piers, wharves and decks shall be computed as alterations.
6. 
All structures for which volume cannot be computed shall be computed as alterations.
7. 
Sign permits: Fees for pylon signs shall be computed in the amount of $5 per square foot for the first 100 square feet, $3.75 per square foot for the next 400 square feet and $2.50 per square foot thereafter. Fees for ground signs or wall signs shall be $2.50 per square foot for the first 100 square feet, $1.90 per square foot for the next 400 square feet and $1.25 per square foot thereafter.
Minimum fee $58
8. 
Pools:
a.
Aboveground: For a pool with a surface area greater than 550 square feet: $126.
The fee in all other cases shall be: $63.
b.
In ground: For a pool with a surface area greater than 550 square feet: $189.
The fee in all other cases shall be: $95.
c.
Commercial: $300.
9. 
Solid fuel burning appliances:
(a) 
Pre-fab fireplace: $46.
(b) 
Wood/coal stoves: $46.
(c) 
Masonry fireplace: $30 per $1,000 of estimated cost of complete fireplace.
10. 
Tents: Over 900 square feet or more than 30 feet in any dimension $116
11. 
Asbestos Abatement: Fees for asbestos abatement shall be as established by N.J.A.C. 5:23-8.10.
(a) 
Fees shall be based on $34 per $1,000 of estimated cost of work.
(b) 
Minimum fee: $80.
(c) 
Certificate of occupancy: $28.
12. 
Lead Hazard Abatement:
(a) 
Fee as established by N.J.A.C. 5:23-4.18 $176.
(b) 
Lead Abatement Clearance Certificate $35.
13. 
Temporary Construction Trailer for:
Office Use Only: $150
Certificate: $28
14. 
Roofing and Siding on Structures in Use Group R-3, R-4 and R-5.
Minimum fee: $58
All roofs, built up asphalt, rubberized, etc. for Use Group B, E, F, H, M and S, shall be calculated using renovation, alteration and repair fees
b. 
Plumbing Subcode Fees:
1. 
Fixtures and Appliances.
Fees per fixture or appliance except as listed in Subsection 2 below.
Per device: $15
2. 
Special Devices: Grease or oil separators, air-conditioning units, refrigeration units, steam or hot water boilers, active solar systems, backflow preventers, sewer pumps, interceptors and fuel oil piping.
Per device: $65
3. 
Gas Piping:
(a) 
Residential: $65.
(b) 
All others: $100.
4. 
Backflow Preventers:
Installed as a domestic water service or heating system.
Per device: $15
5. 
Sewer Service Connections:
(a) 
Residential: $65.
(b) 
All others: $100.
6. 
Water Service Connections:
(a) 
Residential: $65.
(b) 
All others: $100.
7. 
Premanufactured Construction:
In accordance with N.J.A.C. 5:23-4.18(c)1.i. - Fees shall be computed on a Unit Rate of $46 per $1,000 of estimated cost of work.
8. 
Propane Tank Installation - Residential:
(a) 
0 to 500 gallons: $50.
(b) 
501 to 1,000 gallons: $75.
(c) 
Over 1,000 gallons: $85.
(d) 
All other use groups: $100.
9. 
Minimum Permit Fee: $58.
10. 
Mechanical Sub-Code Flat Fee as per NJDCA Regulations: $85.
c. 
Fire Subcode Fees: Minimum fee $58.
1. 
Sprinklers:
(a) 
1 to 20 heads: $82.
(b) 
21 to 100: $151.
(c) 
101 to 200: heads: $289.
(d) 
201 to 400 heads: $748.
(e) 
401 to 1,000 heads: $1,036.
(f) 
Over 1,000 heads: $1,323.
2. 
Smoke and Carbon Monoxide Detectors: The fee for one to 12 detectors shall be $58; for each 25 detectors in addition to this, the fee shall be in the amount of $15.
Alarm devices (pull stations); supervisory devices i.e., (tampers low/high; signaling devices i.e., horn/strobes, bells) duct detectors, other alarm devices same as above.
3. 
Stand Pipes:
Each per riser: $229.
Fire pumps up to 249 gpm: $125.
(a) 
250 to 500 $289.
(b) 
501 to 1,000 $460.
(c) 
1,001 to 2,000 $748.
(d) 
Greater than 2,000 $1,003.
Fire Department connection: $229.
4. 
Independent Pre-engineered Systems:
Each: $116.
Rooftop HVAC units each: $58.
5. 
Gas and oil fired appliances not connected to potable water systems. Each: $58.
6. 
Kitchen exhaust system (commercial). Each: $58.
7. 
Incinerators. Each: $460.
8. 
Crematoriums.
Each: $460.
Incinerator: $460.
9. 
Fuel Storage Tank Installation:
(a) 
Residential Use Group R3 & R5: $82.
(b) 
All Other Use Groups: $151.
10. 
Fuel Storage Tank Abandonment or Removal:
(a) 
Residential Use Group R3 & R5: $100.
(b) 
All Other Use Groups: $151.
11. 
Fuel Dispensing Units each: $116.
(a) 
Leak detection system: $100.
12. 
Spray Booth and Dipping Operations: $116.
13. 
Premanufactured construction: Fees shall be computed in accordance with N.J.A.C. 5:23-2.28 on a work unit cost rate per $1,000. This rate shall be $58 per $1,000.
Minimum fee $58.
14. 
Chimney and Flues: $58.
15. 
Fireplace/Woodburning Stove: $58.
16. 
Pre Action Valve: $116.
17. 
Dry pipe wet alarm valve: $116.
d. 
Electrical Subcode Fees:
1. 
Electrical fixtures and devices, including but not limited to lighting outlets, wall switches, fluorescent fixtures, convenience receptacles, smoke and/or carbon monoxide detectors, voice and data and similar fixtures or devices and motors or devices less than one horsepower or one kilowatt and are not limited elsewhere in this schedule and connected to nominal 240/120 vac 20 amp or less branch circuits. The fee shall be:
(a) 
1 to 25 fixtures or devices for lighting and ceiling fans, solar panels, micro inverters and bathroom exhaust fans only: $50.
(b) 
For each additional increment of 25 fixtures or devices or solar panels or micro inverters: $35.
(c) 
For each dedicated 20 amp 120v circuit: $15.
(d) 
Circulator pumps and blower motors that are a part of a furnace and are rated at less than one horsepower: $15.
(e) 
Utility load management device (power plus saver): $58.
(f) 
Time of day relay switch for electrical water heaters: $22.
2. 
Special electrical fixtures and devices for, but not limited to, electric heating, cooking, service conductors, feeders, switches, switchboards, panel boards, motors, control equipment generators, transformers, smoke detectors, air conditioners, cooling equipment, lighting standards, swimming pools, hot tubs, hydro massage tubs, spas, steam baths and similar fixtures or devices.
The fees shall be:
(a) 
Residential steam rooms, sauna, indoor installation of hot tubs and similar devices: $58.
(b) 
Indoor installation of hydro massage (no heating unit): $25.
(c) 
Aboveground swimming pool and installation of hot tubs with 120 v service: $125.
(d) 
In-ground swimming pool and installation of hot tubs with 240 v service: $150.
(e) 
Motor or electrical devices each:
Greater than 1 hp to 10 hp: $15.
Greater than 10 hp to 50 hp: $58.
Greater than 50 hp to 100 hp: $116.
Greater than 100 hp: $576.
(f) 
Furnace replacement/heat conversions: $58.
(g) 
Central air conditioning for existing dwellings (not new construction): $58.
(h) 
Commercial cooking hood systems with make-up air: $58.
(i) 
Transformers and generators and inverters each:
Greater than 1 kW to 10 kW: $15.
Greater than 10 kW to 45 kW: $58.
Greater than 45 kW to 112.5 kW: $116.
Greater than 112.5 kW: $576.
(j) 
Annual pool inspection: $75.
(k) 
Pool bonding inspection: $75.
(l) 
Service meter equipment, PV meters, sub-panel and feeders and sub-feeders.
1 to 200 amp: $58.
225 to 1,000 amp: $116.
Greater than 1,000 amp: $576.
(m) 
Service feeders and branch circuits, trenches:
Each trench for first 1,000 feet: $58.
Each additional 1,000 feet or part thereof: $10.
(n) 
Electrical signs: each $58.
(o) 
Electrical discharge lighting system up to 3,000 watts: $58.
Each additional 1,000 watts: $10.
(p) 
Protective signaling system: This includes, but is not limited to, fire alarms, burglar alarms, nurse call systems, video systems, communications, intercom systems, outlets, and other monitoring systems. The fee shall be:
1 to 50 devices: $58.
Each additional 25 devices: $35.
3. 
Premanufactured Construction: All use groups per $1,000 of site construction associated with installation of premanufactured unit: $58.
e. 
Fees Applicable to Paragraphs a through d above:
1. 
Plan review fee shall constitute 20% of the total construction permit fee.
(a) 
Additional plan review required due to changes of plans or new plans being submitted will be 20% of the assessed construction permit fee.
2. 
Basic Construction Fee: The sum of the parts computed on the basis of the volume on cost of construction. The number of plumbing fixtures and equipment, the number of electrical fixtures and equipment, and the number of sprinklers, stand pipes, and detectors at the rates provided herein, plus any special fees.
3. 
Certificates and Other Permits:
(a) 
Demolition or removal permit:
(1) 
Structures less than 5,000 square feet in area and less than 35 feet in height (use groups R-3, R-4 and R-5), and for structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d): $65.
(2) 
All other use groups: $200.
(b) 
Certificate of occupancy:
(1) 
One- and two-family structures (use groups R-3, R-4 and R-5 of the building subcode) less than 5,000 square feet in area and less than 35 feet in height, and structures on farms, including commercial farm buildings subject to N.J.A.C. 5:23-3.2(d): $28.
(2) 
All Other Use Groups. 10% of the new construction permit fee which would be charged pursuant to these regulations.
Minimum fee: $75.
(c) 
Certificate of occupancy granted pursuant to a change of use group: $145.
(1) 
Building: $55.
(2) 
Plumbing: $30.
(3) 
Fire: $30.
(4) 
Electrical: $30.
(d) 
Certificate of continued occupancy: $120.
(1) 
Building: $45.
(2) 
Plumbing: $25.
(3) 
Fire: $25.
(4) 
Electrical: $25.
(e) 
Temporary certificate of occupancy: No fee.
(f) 
Certificate of approval: No fee (certifying that work done under a construction permit has been satisfactorily completed).
(g) 
Annual permits:
(1) 
Construction permits: Flat fee based upon the number of maintenance workers who are employed by the facility, and who are primarily engaged in work that is governed by a subcode. Managers, engineers and clerical shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee.
(2) 
Annual permits may be issued for building, fire protections, electrical and plumbing.
(h) 
Reinstatement of lapsed permit:
(1) 
Building: $58.
(2) 
Plumbing: $58.
(3) 
Fire: $58.
(4) 
Electric: $58.
(i) 
Variation application: The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $450 for Class I structures, $300 for Class II structures and $150 for Class III structures. The fee for resubmission of an application for a variation shall be $229 for Class I structures, and $65 for Class II and Class III structures.
f. 
Waiver of Fees for Construction to Permit Accessibility by Handicapped Persons to Existing Structures or Facilities. Pursuant to the provisions of N.J.S.A. 52:27D-126e, as it may be amended, no person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by the handicapped to an existing public or private structure or any of the facilities contained therein.
For the purposes of this section, "handicapped person" means a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any resident of this State who is disabled pursuant to the Federal Social Security Act (42 U.S.C. § 416), or the Federal Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.), or is rated as having 60% disability or higher pursuant to any Federal law administered by the United States Veterans' Act. For the purposes of this subsection, "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20° shall be considered as having a central visual acuity of 20/200 or less.
g. 
Pursuant to N.J.S.A. 52:27D-126d, the Township will waive enforcing agency fees for nonprofit corporations rehabilitating or constructing housing units upon the provision of sufficient proof by the requestor.
[1974 Code § 57-4.1; Ord. No. 54-76; Ord. No. 92-31]
Applications for building permits for new construction shall be on the form provided by the Building Subcode Official. Such application shall be supported by the following documents or material:
a. 
Two sets of plans and specifications for the structure to be erected. Such plans and specifications shall be under the seal of a professional engineer or an architect licensed by the State of New Jersey or, if not prepared by such engineer or architect, accompanied by the appropriate affidavit of the owner in those cases which such practice is permitted.
[1974 Code § 57-4.2; Ord. No. 54-76; Ord. No. 92-31; Ord. No. 95-03; Ord. No. 98-37; Ord. No. 99-41-OAB § 1; Ord. No. 08-11-OAB § 1]
a. 
Grading Plan.
1. 
Prior to the issuance of a building permit or zoning permit for a principal building, addition to a principal building, or accessory structure, the applicant shall submit to the Zoning Officer four copies of a detailed plan prepared by a licensed professional engineer. For permits required for buildings located in a Planned Residential Retirement Community (PRRC) as defined in Subsection 35-101.1 of the Revised General Ordinances of the Township of Berkeley, the Zoning Officer shall further be provided evidence that written approval has been obtained from the respective homeowners' association that the homeowner complies with their provisions, stipulations and restrictions.
[Amended 2-26-2018 by Ord. No. 18-04-OAB]
2. 
The plan shall be accompanied by a certification from a New Jersey licensed professional engineer that the plan has been prepared by him and includes all the hereinafter listed items. The certification shall further set forth that the proposed grading and floor elevation that are proposed will not impact detrimentally upon any adjoining owner; if applicable, that the plan conforms to an approved site grading plan or, if not, that the changes are not significant to that approval and will in no way further impact adjoiners; and, further, that the plan provides for the proper on-site runoff that is adequate to prevent ponding, severe erosion and positive drainage away from the proposed building construction. The map prepared shall contain or show the following:
(a) 
Drawn to a scale of not more than one inch equals 10 feet or less than one inch equals 50 feet.
(b) 
The location of all new construction and all existing structures on the site and within 50 feet of the property.
(c) 
Distances from lot lines to existing structures and proposed improvements.
(d) 
Zoning setback lines to establish buildable area available for development.
(e) 
Property lines and dimensions based upon a current (within last two years) outbound survey prepared by a licensed professional land surveyor. A copy of the survey plan shall be submitted.
(f) 
Building dimensions of existing and proposed building or additions.
(g) 
Existing and proposed contour lines at one-foot intervals, with reference datum to the National Geodetic Vertical Datum (NGVD), for the tract upon which the dwelling or other structure is to be constructed. At the discretion of the Township Engineer, an assumed datum may be used. Contour lines shall be at one-foot intervals with spot elevations at each lot corner, at fifty-foot intervals along each street center line, edge of pavement or stormwater gutter, at the top of curbline, and extend for 50 feet in all directions from the property in question.
(h) 
Surveys and existing topographical information must be referenced to a final major subdivision/site plan or certified by a licensed professional land surveyor and shall bear his signature and seal.
(i) 
Proposed spot elevations shall be provided at the corners of proposed structures or structural appurtenances, finished floor elevations for dwellings and garages, driveways, sidewalks, curbing, swales and graded areas.
(j) 
The total area of the tract and the total area upland or buildable area.
(k) 
The gross floor area of the proposed structures.
(l) 
The floor area of various uses on the premises.
(m) 
The percentage of lot coverage by structures.
(n) 
The existing/proposed sidewalk/curb and fence locations, including the type of materials to be used for construction.
(o) 
The existing/proposed driveway locations including the type of material to be used.
(p) 
The location and identification of flood zones, conservation easements and wetland areas.
(q) 
The location of all existing utilities and proposed connections thereto, and any required utility relocations.
(r) 
Water and sewer.
(1) 
The proposed method of providing water and sewer services shall be clearly indicated.
(a) 
In the case of connecting to a public source for these services, the sewer lateral and water service line locations shall be shown. Utility connection permits from the appropriate utility companies shall be provided, if required.
(b) 
In the case where a septic system or well is proposed, the plot plan shall include the following information:
(i) 
Description and location of all components of the disposal system and/or well.
(ii) 
Distances from structures.
(iii) 
Distances from property lines.
(iv) 
Separation distances from each other and other septic disposal systems or wells within a 100-foot radius of the lot in question.
(v) 
Grade elevations and inverts required by the component installation.
(vi) 
Results of soil borings and permeability tests, including depth to the actual or estimated seasonal high water table and groundwater observation.
(2) 
All systems shall comply with N.J.A.C. 7:9A, Standards for Individual Subsurface Sewage Disposal Systems, and Chapter 19 of this Code. Any waivers required from the Berkeley Township Board of Health pursuant to the Township Code must be obtained prior to the issuance of a zoning permit, building permit or grading plan approval.
(s) 
Stormwater flow direction arrows must be provided for both on-site and off-site conditions.
(t) 
Location of all existing sewer and water utilities and proposed connections thereto, and any required utility relocations.
(u) 
The width of street rights-of-way, the width of street pavements and the material composition of the street surface.
(v) 
A North arrow shall be shown with datum referenced.
(w) 
Provide a description of the house style (e.g., ranch, bi-level, two-story) and type of construction.
(x) 
Describe the building to be constructed: basement, crawl space or slab construction.
(y) 
Delineate the limits of lot clearing and identify any trees to be saved in accordance with the tree removal permit.
(z) 
A road opening permit from the Township Department of Public Works, if required.
(aa) 
When required by the Township Code or at the discretion of the Township Engineer or the Building Subcode Official, the results of test borings taken to a depth of 20 feet, reflecting the nature of the subsoil conditions, the height of the surface water table on a basis of seasonal average and the height of the surface water table at the maximum wet season.
(bb) 
Utility connection permits from the appropriate utility companies, if required.
(cc) 
Septic system approval from the Ocean County Health Department, if applicable.
(dd) 
United Sates Army Corps of Engineers or NJDEPE approved wetlands and wetlands buffer delineations by metes and bounds, if applicable. Calculated wetland and wetland buffer areas shall be noted.
(ee) 
The land shall be graded so that the stormwater from each lot shall drain directly to the street. If not possible to drain directly to the street, it shall be drained to a system of interior yard drainage designed in accordance with § 35-71.
(ff) 
The minimum slope of the yard surface shall be 1/4 inch per foot or 2% away from the proposed building toward the lot's property lines.
(gg) 
The maximum grade for lawns and disturbed areas within five feet of a building shall be 10% and, for lawns more than five feet from a building, 25%, except for the driveway; the maximum grade shall be 10%.
(hh) 
The minimum slope for drainage swales shall be 1 1/2%.
(ii) 
Proposed contours shall, in the case of an approved subdivision, be consistent with an overall grading and drainage plan. In the case of an individual lot, the proposed contours shall meet existing contours at or within the property lines of the lot in question. In any event, the proposed grading of the lot shall not disturb or change the existing drainage pattern of adjacent lots. Drainage flow arrows shall be provided to clearly depict the directions of stormwater runoff. No sump conditions shall be created, and no grading on adjacent lots shall be permitted unless said adjacent lots are being concurrently developed as part of a subdivision by the same developer/builder or unless permission has been granted by the owner of the adjoining lot.
(jj) 
Schedule showing zoning of property, zoning requirements and plan provisions in relation to each zoning requirement.
(kk) 
Submission of a development permit application in accordance with Chapter 29 for any development within special flood hazard areas of the Township.
b. 
Foundation As-Built Plan.
1. 
Prior to framing, placing the modular units or prefabricated units on the foundation as constructed, the New Jersey professional land surveyor shall submit to the Zoning Officer four copies of a plan showing the setbacks and elevations as to the as-built foundation and specifically showing the top of block elevation and any other critical floor elevation.
2. 
The foundation as-built plan shall be accompanied by a certificate from the preparer that same conforms to the above-listed items.
c. 
Final As-Built Plan.
1. 
Prior to the issuance of a certificate of occupancy, the Zoning Officer shall require four copies of an as-built plan be submitted, signed and sealed by a New Jersey professional land surveyor. For certificates of occupancy for buildings located in a Planned Residential Retirement Community (PRRC) as defined in Subsection 35-101.1 of the Revised General Ordinances of the Township of Berkeley, the Zoning Officer shall further be provided evidence that written approval has been obtained from the respective homeowners' association that the homeowner complies with their provisions, stipulations and restrictions. The plans utilized for a request for certificate of occupancy, accompanied by a copy of the initial review plans, shall be reviewed by the Township Engineer, who will, in addition to the review, cause an on-site inspection and submit a written report to the Zoning Officer and Construction Code Official as to the status of all improvements required and as-built conditions that conform satisfactorily to the approved plans and that a certificate of occupancy may be issued. In the event that the final as-built plan does not conform to the requirements of Subsections 11-1.4 and 11-1.5, a report shall be prepared by the Township Engineer indicating conditions which must be satisfied prior to the issuance of a certificate of occupancy. The as-built plans shall include the following:
[Amended 2-26-2018 by Ord. No. 18-04-OAB]
(a) 
Property lines and dimensions.
(b) 
Existing elevations of the lot and adjacent roadway, building corner grades, lot corner grades, drainage swale grades, as well as contours and critical spot elevations to clearly define surface flow.
(c) 
Finish floor grades of house and garage and description of house style (ranch, bi-level, two-story) and critical grade that applies.
(d) 
All distances from structures in relation to property lines.
(e) 
A description of the building constructed: basement, crawl space or slab construction.
(f) 
Where applicable, sufficient information to show any impact on adjoining properties, if any.
(g) 
All completed improvements such as walks, drives, curbs, landscaping, etc., shall be shown.
(h) 
Compliance with Chapter 29 for all development within areas of special flood hazard.
(i) 
Submission of a certified FEMA elevation certificate in areas of special flood hazard.
2. 
The final as-built plan shall be accompanied by a certificate from the preparer that same conforms with the above-listed items and is substantially in conformance with the plan previously submitted for initial review for a building permit. (One copy of each of the previously submitted plans shall be attached.) If alterations have been made, they should be explained by notes or attachments, with an explanation of how the changes are different from the approval and that there are no significant impacts to adjoining properties.
d. 
Fees. Fees shall be as follows:
1. 
New Dwelling. Grading plan reviews, revised grading plan reviews, final as-built plan reviews, revised final as-built plan reviews and all required inspections: $475.
2. 
Building Additions or Accessory Structures. Grading plan reviews, revised grading plan reviews, final as-built plan reviews, revised final as-built plan reviews and all required inspections: $175.
3. 
Building Addition or Accessory Structure Waivers. Waiver application reviews, revised waiver application reviews: $150.
[Ord. No. 95-03; Ord. No. 05-02-OAB § 1]
a. 
The following criteria has been established to exempt an applicant from obtaining a grading plan approval to construct a building addition or accessory structure which will increase the overall impervious area of a property.
1. 
The building addition or accessory structure shall not exceed 145 gross square feet.
2. 
The addition or accessory structure and any part thereof must be contained within the minimum building setback lines of the respective zone established in the Schedule of Zoning Requirements.
3. 
The overall impervious area on the subject property shall not exceed the maximum lot coverage percentage established for the respective zone as outlined in the Schedule of Zoning Requirements.
4. 
The subject property cannot be located in a Special Flood Hazard Zone. (A and V Zones)
5. 
The following certifications must be provided by the property owner(s). All certifications must be signed by the owner(s) and notarized.
(a) 
There are presently no ponding or other drainage conditions on the subject property or adjacent properties resulting from the existing grading of the lot in question.
(b) 
The proposed construction shall not involve any grading of the subject property or alteration of existing drainage patterns.
(c) 
The property owner(s) assumes full responsibility for any adverse drainage conditions which may develop as a result of the proposed construction.
b. 
Exceptions may be granted for the following improvements which will not increase the overall impervious area of property. The applicable certifications must be provided by the property record title holder prior to an exception being granted. All certifications must be signed by the record title holder and notarized. Subject properties cannot be located in Special Flood Hazard Zones and V Zones. In the case of properties located within an A Zone which are otherwise eligible for grading plan exception, the applicant must comply with the requirements of the Flood Damage Prevention and Protection Code of the Township of Berkeley, Chapter 29.
1. 
The construction of a building addition over an existing concrete patio where no extensions beyond the original footprint of the existing concrete slab are proposed. The following certifications must be provided:
(a) 
The proposed construction will not extend beyond the footprint of the existing concrete slab.
(b) 
There are presently no ponding or other drainage or erosion problems on the subject property or adjacent properties resulting from the existing grading of the lot in question.
(c) 
The proposed construction shall not involve any grading of the subject property or alteration of existing drainage patterns.
(d) 
The proper owner assumes full responsibility for any adverse drainage conditions which may develop as a result of the proposed construction.
2. 
The reconstruction of existing structures where no extensions beyond the original impervious footprint are proposed. The following certifications must be provided:
(a) 
The proposed construction will not extend beyond the original impervious footprint of the existing structure.
(b) 
There are presently no ponding or other drainage conditions on the subject property or adjacent properties resulting from the existing grading of the lot in question.
(c) 
The proposed construction shall not involve any grading of the subject property or alteration of existing drainage patterns.
(d) 
The property owner assumes full responsibility for any adverse drainage conditions which may develop as a result of the proposed construction.
3. 
The construction of an aboveground or in-ground pool. The following certification must be provided:
(a) 
There will be no change in the existing topography of the site or grading adjacent to the pool.
(b) 
All excavated material will be hauled and deposited off-site.
c. 
Plot Plan. Prior to the issuance of a building permit or zoning permit, the applicant shall submit to the Zoning Officer all appropriate certifications along with four copies of an outbound survey which is reflective of all existing and proposed on-site improvements. For permits required for buildings located in a Planned Residential Retirement Community (PRRC) as defined in Subsection 35-101.1 of the Revised General Ordinances of the Township of Berkeley, the Zoning Officer shall further be provided evidence that written approval has been obtained from the respective homeowners' association that the homeowner complies with their provisions, stipulations and restrictions. The plans and appropriate certifications to be utilized for a grading plan exception request shall be reviewed and approved by the Zoning Officer. In the event that the grading plan exception request does not conform to the requirements of this subsection, the applicant shall be required to submit an application for grading plan approval in full compliance with subsection 11-1.5. Additionally, if an exception is granted and the applicant violates any of the stipulations set forth, an immediate stop work order shall be issued and the submission of a grading plan in full compliance with subsection 11-1.5 shall be required. The plot plan for proposed grading plan exception shall contain the following:
[Amended 2-26-2018 by Ord. No. 18-04-OAB]
1. 
Property lines and dimensions.
2. 
Distances from lot lines to existing structures and proposed improvements.
3. 
Zoning setback lines to establish buildable area available for development.
4. 
Schedule showing zoning of property, zoning requirements and plan provisions in relation to each zoning requirement.
5. 
The gross floor area of the proposed structures.
6. 
The floor area of various uses on the premises.
7. 
The percentage of building coverage by the existing and proposed structures.
8. 
The overall percentage of impervious lot coverage including proposed structures. Impervious areas include roof tops, concrete walks, paved driveways, concrete patios, etc. (Note: This information is only required for building additions and accessory structures which will increase the overall impervious area of the property.)
9. 
Building dimensions of existing and proposed buildings or additions.
10. 
A north arrow shall be shown.
11. 
Provide a description of the house style (e.g., ranch, bi-level, two-story) and type of construction.
12. 
Describe the building to be constructed: basement, crawl space or slab construction.
[Ord. No. 99-41-OAB § 2; Ord. No. 08-11-OAB § 2]
a. 
In exceptional circumstances, due to the size of a lot, or proximity to existing waterways, and when it can be demonstrated that there will be no impact of stormwater runoff on the subject property or to adjacent properties, a waiver from strict compliance may be approved at the discretion of the Township Engineer.
b. 
The following requirements shall be necessary to permit consideration by the Township Engineer for the grant of a grading plan waiver from strict compliance:
1. 
The overall impervious area of the subject property including the proposed structure(s) shall not exceed the maximum lot coverage percentage established for the respective zone as outlined in the Schedule of Requirements, § 35-95 of the Land Development Ordinance of the Township of Berkeley, and
2. 
The new addition or accessory structure and any part hereof must be contained within the minimum building setback lines of the respective zone established in the Schedule of Requirements, or
3. 
The proposed construction will provide for all roof drains to be piped to the street or nearest watercourse for direct discharge.
c. 
Plot Plan. Prior to the issuance of a building permit or zoning permit, the applicant shall submit to the Zoning Officer four copies of an outbound survey which is reflective of all existing and proposed on-site improvements. For permits required for buildings located in a Planned Residential Retirement Community (PRRC) as defined in Subsection 35-101.1 of the Revised General Ordinances of the Township of Berkeley, the Zoning Officer shall further be provided evidence that written approval has been obtained from the respective homeowners' association that the homeowner complies with their provisions, stipulations and restrictions. The plans to be utilized for a grading plan waiver from strict compliance shall be reviewed and approved by the Township Engineer. In the event that the grading plan waiver from strict compliance does not conform to the requirements of Subsection 11-1.6A, the applicant shall be required to submit an application for grading plan approval in full compliance with Subsection 11-1.5. Additionally, if a waiver from strict compliance is granted and the applicant violates any of the stipulations set forth, an immediate stop-work order shall be issued and the submission of a grading plan in full compliance with Subsection 11-1.5 shall be required. The plan submitted to request a grading plan waiver from strict compliance shall contain the following:
[Amended 2-26-2018 by Ord. No. 18-04-OAB]
1. 
Property lines and dimensions.
2. 
Distances from lot lines to existing structures and proposed improvements.
3. 
Zoning setback lines to establish buildable area available for development.
4. 
Schedule showing zoning of property, zoning requirements and plan provisions in relation to each zoning requirement.
5. 
The gross floor area of the existing and proposed structures.
6. 
The percentage of building coverage by the existing and proposed structures.
7. 
The existing lot area.
8. 
The overall percentage of impervious lot coverage including proposed structures. Impervious areas including roof tops, concrete walks, paved driveways, concrete patios, etc. (Note: This information is only required for building additions and accessory structures which will increase the overall impervious area of the property).
9. 
Building dimensions of existing and proposed buildings and/or additions.
10. 
A north arrow shall be shown.
11. 
Provide a description of the house style, (e.g., ranch, bi-level, two-story, etc.) and type of construction.
12. 
Describe the addition or accessory to be constructed: basement, crawl space or slab construction.
d. 
On-Site Inspection. Prior to the issuance of a certificate of occupancy, the Zoning Officer shall require four copies of the initial review plans. For certificates of occupancy for buildings located in a Planned Residential Retirement Community (PRRC) as defined in Subsection 35-101.1 of the Revised General Ordinances of the Township of Berkeley, the Zoning Officer shall further be provided evidence that written approval has been obtained from the respective homeowners' association that the homeowner complies with their provisions, stipulations and restrictions. The plans shall be utilized by the Township Engineer, who will cause an on-site inspection and submit a written report to the Zoning Officer and Construction Officer as to the status of all improvements that conform satisfactorily to the approved plans and that a certificate of occupancy may be issued. In the event that the on-site inspection reveals nonconformance to the requirements of Subsection 11-1.6A, a report shall be prepared by the Township Engineer indicating conditions which must be satisfied prior to the issuance of a certificate of occupancy.
[Added 2-26-2018 by Ord. No. 18-04-OAB]
[1974 Code § 57-5; Ord. No. 54-76; Ord. No. 92-18]
All builders or owners undertaking construction projects in the Township shall, as a prerequisite to the Construction Official's final inspection of the building in question, supply to the Construction Official verified written documentation that all debris resulting from the construction has been properly disposed of, with the location and method of the disposal being made known therein.
[1974 Code § 57-6; Ord. No. 54-76; Ord. No. 92-18]
When a demolition permit is issued to any builder or owner, no new construction permits or zoning permits may be issued until the builder or owner supplies to the Construction Official verified written documentation that all debris resulting from the demolition has been properly disposed of, with the location and method of the disposal being made known therein.
[1974 Code § 57-7; Ord. No. 54-76; Ord. No. 92-18]
It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
[Ord. No. 97-7 § 1]
No person shall throw or otherwise place any construction debris into or upon any street, road or other public or private place.
[Ord. No. 97-1 § 1]
a. 
Any person, partnership, corporation or other entity who or which violates any provision of Subsections 11-1.7 through 11-1.10 shall be subject to a mandatory penalty of $1,000.
b. 
In addition, any person, partnership, corporation or other entity who or which violates any provision of Subsections 11-1.7 through 11-1.10 may be subject to imprisonment in the Ocean County Jail not exceeding 90 days for each such violation.
c. 
In addition to the penalties set forth in Subsections a and b of this section, any person convicted of violations of any of the provisions of Subsections 11-1.7 through 11-1.10 shall receive a mandatory sentence of a minimum of 30 days of community service cleaning public lands and roadways for a first violation; and a mandatory sentence of a minimum of 60 days of community service cleaning public lands and roadways for any subsequent violation.
d. 
Notwithstanding the provisions of Subsections a, b, and c of this section, the Berkeley Township Law Department is authorized to take all necessary legal action, including the filing of a law suit, against any person convicted of violations of any provisions of Subsections 11-1.7 through 11-1.9 to recoup any costs incurred by the Township of Berkeley was a result of the violations.
[1974 Code § 60-1; Ord. No. 97-35 § 3]
It is hereby found and declared that the existence and occupation of any building or buildings or parts thereof in the Township, which are unfit for human habitation, inimical to the welfare and dangerous and injurious to the health and safety of the residents of the Township, and a public necessity exists for the repair, closing or demolition of such building or buildings or parts thereof.
[1974 Code § 60-2; Ord. No. 97-35 § 3]
Whenever the proper officials charged with enforcing this section, designated herein, find that there exists in the Township a building or buildings or parts thereof unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accident or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such building or buildings or parts thereof unsafe or unsanitary, dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of the Township, the officials designated shall exercise the powers granted under this section and under the law of the State of New Jersey to repair, close or demolish the building in the manner set forth in this section.
[1974 Code § 60-3; Ord. No. 85-48; Ord. No. 97-35 § 3]
As used in this section:
BUILDING
Shall mean any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
GOVERNING BODY
Shall mean the Township Council of the Township of Berkeley, in the County of Ocean.
OWNER
Shall mean the holder or holders of the title in fee simple.
PARTIES IN INTEREST
Shall mean all individuals, associations and corporations who have interest of record in a building and any who are in actual possession thereof.
PUBLIC OFFICER
Shall mean the Construction Official, Zoning Officer, Code Enforcement Officer or Fire Official of the Township of Berkeley.
[1974 Code § 60-4; Ord. No. 97-35 § 3]
a. 
The Public Officer is hereby designated and appointed to exercise the powers set forth in this section.
b. 
Whenever the Public Officer finds that, or whenever a petition is filed with the Public Officer by any officer in charge of any department of the municipality, or by at least five residents of the Township, charging that any building or buildings in the Township are unfit for human habitation, or is otherwise inimical to the public welfare, the Public Officer shall, if a preliminary investigation discloses a basis for such charge or charges, issue and cause to be served upon the owner of and the parties in interest in the building or buildings, a complaint, stating the charges in that respect and containing a notice that a hearing will be held before the Public Officer or his designated agent at a place set forth in the notice and at a time that shall not be less than 10 days nor more than 30 days after the serving of the complaint. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the time and place fixed in the complaint. The Public Officer shall not be bound by the rules of evidence prevailing in courts of law or equity.
c. 
After notice and hearing, if the Public Officer determines that the building or buildings under consideration are unfit for human habitation, or is otherwise inimical to the public welfare, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner and parties in interest an order requiring the owner within a certain time to repair, alter or improve the building or buildings to render it fit for human habitation or, at the option of the owner, to vacate and close the building or buildings as a human habitation. If the repairs, alterations or improvements cannot be made at a reasonable cost in relation to the value of the building or buildings, the order may require the owner, within the time specified in the order, to remove or demolish the building. For the purpose of determining what may be reasonable for such purpose, the percentage is fixed at 50% of the value of the dwelling.
d. 
If the owner shall fail to comply with the order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Public Officer may cause the building to be repaired, altered or improved or to be vacated and closed, and the Public Officer may cause to be posted on the main entrance of the building so closed a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful."
e. 
If the owner fails to comply with the order to remove or demolish the building, the Public Officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
f. 
The amount of the cost of the filing of legal papers, expert witness fees, search fees and advertising charges, incurred in the course of any proceeding taken under this act determined in favor of the municipality and the costs of such repairs, alterations, or improvements, or vacating and closing, or removal and 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.
g. 
If the building is removed or demolished by the Public Officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, including the clearance and, if necessary, leveling of the site, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such cost exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceed such cost, the balance remaining shall be deposited in the Superior Court by the Public Officer, shall be secured in such manner as may be directed by such Court and shall be disbursed according to the order or judgment of the Court to the persons found to be entitled thereto by final order or judgment of such Court. Any owner or party in interest may within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the Municipal Lien Certificate.
h. 
If an actual and immediate danger to life is posed by the threatened collapse of any fire damaged or other structurally unsafe building, the Public Officer may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment and summary proceedings for the demolition thereof.
i. 
Nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise, nor is anything in this act intended to limit the authority of the Enforcing Agency or Construction Official under the State Uniform Construction Code Act or any rules or regulations adopted thereunder.
[1974 Code § 60-5; Ord. No. 97-35 § 3]
The Public Officer 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 buildings, the occupants of neighboring buildings or other residents of the municipality; such conditions shall be deemed to 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; failure to comply with the requirements of the Building Code or the certificate of occupancy or certificate of compliance; failure to have included in the building running water or inside toilet facilities.
[1974 Code § 60-6; Ord. No. 97-35 § 3]
a. 
A complaint or order issued by a Public Officer pursuant to this section shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Public Officer in the exercise of reasonable diligence, and the Public Officer shall make an affidavit to that effect, then the serving of such complaint or order upon such person may be made by publishing the same once in a newspaper printed and published in the municipality or in the absence of such newspaper, in one printed and published in the County and circulating in the municipality in which the buildings are located. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded or lodged for the record with the County Clerk.
b. 
Any person aggrieved by an order issued by a Public Officer under this section may, within 30 days after the posting and service of such order, bring an action for injunctive relief to restrain the Public Officer from carrying out the provisions of the order and for other appropriate relief. The court may proceed in the action in a summary manner or otherwise. The remedy herein provided shall be exclusive, and no person affected by an order of the Public Officer shall be entitled to recover any damages for action taken pursuant thereto, or because of noncompliance by any person with any order of the Public Officer.
[1974 Code § 60-7; Ord. No. 97-35 § 3]
The Public Officer or other official designated under this section may exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including but not limited to the following powers, in addition to the others herein granted:
a. 
To investigate the building conditions in the municipality in order to determine which buildings therein are unfit for human habitation or occupancy or use.
b. 
To administer oaths, affirmations, examine witnesses and receive evidence.
c. 
To enter upon premises for the purpose of making examinations; provided, that such entry shall be made in such a manner as to cause the least possible inconvenience to the persons in possession.
d. 
To delegate any of the functions and powers under this section to such employees and agents as he may designate.
e. 
Any action taken using revenues derived from the local property tax shall be taken only in compliance with the Local Public Contracts Law unless the action is necessary to prevent imminent danger to life, limb or property.
[1974 Code § 60-8; Ord. No. 85-48; Ord. No. 97-35 § 3]
In addition to any other remedy provided for hereunder, any party in interest who shall fail to comply with any order or directive issued by the Public Officer under this section shall be subject to a fine not to exceed $1,000 and/or a term of 90 days in jail.
[1974 Code § 80-1; Ord. No. 20-76]
No person shall erect or maintain a fence within the Township without first obtaining a fence permit from the Township Zoning Officer, except where a fence is less than 25% solid, measured from all perimeter planes.
[1974 Code § 80-2; Ord. No. 20-76]
No person shall erect or maintain a fence within the Township in excess of the following heights, without first obtaining approval from the Board of Adjustment.
a. 
Height and Location Between Street and Building Line.
1. 
No person shall erect, permit or cause to be erected or constructed any fence of any type on any parcel of land in this municipality between a public street and a building line to a height exceeding 48 inches.
2. 
No fencing for which a permit would be required under this section and which is of a solid type which would obscure vision shall be permitted in the front yard of any building so as to be within 25 feet of any intersection.
b. 
Height on Remainder of Lot. No person shall erect, permit or cause to be erected or constructed any fence of any type on any parcel of land from the front building line back, including the sides and rear of the lot, to a height exceeding 72 inches, except as hereinafter provided.
c. 
Setback of Vision-Obscuring Plantings on Lots. Every owner or tenant of lands lying within the Township shall comply with the requirements to keep all brush, hedges and other plant life from obstructing any roadway within the Township and shall keep same from growing within 10 feet of any roadway. Corner lots shall comply with Subsection 12-1.1.
[1974 Code § 80-3; Ord. No. 20-76]
If such owner or tenant fails to cut such brush, hedges or other plant life to the prescribed height within 10 days after notice to cut the same, the Township Council may direct Township personnel to perform such cutting as is necessary to conform to the requirements of this section.
[1974 Code § 80-4; Ord. No. 20-76]
In all cases where brush, hedges and other plant life are cut by Township personnel in order to comply with this section, the personnel doing such work shall certify the cost thereof to the Governing Body, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against the lands or, in the event that such cost is excessive, shall cause the reasonable cost thereof to be charged against the lands. The amount so charged shall forthwith become a lien upon the lands and shall be added and become in form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers in the same manner as prescribed for taxes.
[1974 Code § 80-5; Ord. No. 20-76; Ord. No. 09-15-OAB; amended 11-16-2020 by Ord. No. 20-40-OAB]
a. 
Nothing herein contained in this section shall limit or restrict the use of fencing in excess of the height limitation set forth herein in the industrial area, nor shall it in any way limit or restrict the height of fences enclosing junkyards.
b. 
Notwithstanding anything to the contrary, on all waterfront lots, no fence for which a permit would be required shall be maintained beyond the rear building line, except fences that are at least 50% open such as chain link, split rail or picket types (with one-inch picket and four-inch inside-to-inside minimum picket spacing) may be permitted beyond the rear building line. Additionally, no plantings or screening of any type shall be permitted which obstructs the view any more than the above-referenced permitted fencing. This will avoid obstructing the view from adjoining properties.
[Former § 11-5.6, Permit Fee, was repealed 11-20-2023 by Ord. No. 23-36-OAB. Prior history includes 1974 Code § 80-6; Ord. No. 20-76; Ord. No. 88-44.]
[1974 Code § 80-7; Ord. No. 20-76; Ord. No. 88-43; New]
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 96-30 § 1]
Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
a. 
The illumination provided by artificial lighting on the property shall not exceed five footcandles beyond any property line.
b. 
Spotlights or other types of artificial lighting that provide a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property lines.
c. 
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.
d. 
No artificial lighting shall shine directly upon any neighboring property or be so established that it shall shine directly on or into any room or rooms, porches or patios of any neighboring property, nor shall any artificial lighting be maintained or operated from any structure or land in such a manner as to be a nuisance or annoyance to neighboring properties or as to interfere with the physical comfort of the occupants of neighboring properties.
[Ord. No. 97-49 § 2]
As used in this section:
REAL PROPERTY
Shall mean any type of real estate including commercial or residential, improved or unimproved lots, single-family homes, multiple dwellings and property held in any manner, including fee simple, condominium or cooperative forms of ownership.
STREET ADDRESS
Shall mean the address at which a person actually resides, and shall include a street name or rural delivery route in addition to any postal office box number which may be included.
[Ord. No. 97-49 § 3]
An owner of real property situated within the Township of Berkeley must register with the Township Clerk the street address of his or her residence whenever that owner does not reside at his property located within the Township in the case of residential premises, or does not operate a business at the property in the case of commercial property.
[Ord. No. 97-49 § 4]
The Township Clerk may forward a copy of any address registration made pursuant to Subsection 11-7.2 above to the County Clerk of Ocean County. The County Clerk or Registrar may maintain a file and index any address registrations received pursuant to this section.
[Ord. No. 97-49 § 5]
Any person who violates any provision of this section shall be subject to a fine not exceeding $200 or imprisonment for a term not to exceed 90 days or both.
[Ord. No. 11-10-OAB § 1]
The purpose of this section is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Township of Berkeley so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 11-10-OAB § 2]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Berkeley or other public body, and is designed and used for collecting and conveying stormwater. NOTE: In municipalities with combined sewer systems, add the following: "MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources."
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 11-10-OAB § 3]
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
a. 
Already meets the design standard below to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in Subsection 11-8.4 below prior to completion of the project.
[Ord. No. 11-10-OAB § 4]
Storm drain inlets identified in Subsection 11-8.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 11-8.4c.
a. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
1. 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2. 
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
3. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
4. 
This standard does not apply:
(a) 
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
(b) 
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(1) 
A rectangular space four and 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
(2) 
A bar screen having a bar spacing of 0.5 inches.
(c) 
Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars; or
(d) 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. No. 11-10-OAB § 5]
This section shall be enforced by the Police Department and/or Code Enforcement Officer of the Township of Berkeley.
[Ord. No. 11-10-OAB § 6]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $2,000 for each storm drain inlet that is not retrofitted to meet the design standard.