[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
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.
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:
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a.
|
Aboveground: For a pool with a surface area greater than 550
square feet: $126.
The fee in all other cases shall be: $63.
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b.
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In ground: For a pool with a surface area greater than 550 square
feet: $189.
The fee in all other cases shall be: $95.
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|
c.
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Commercial: $300.
|
10.
Tents: Over 900 square feet or more than 30 feet in any dimension
$116
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
4.
Backflow Preventers:
Installed as a domestic water service or heating system.
Per device: $15
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.
9.
Minimum Permit Fee: $58.
10.
Mechanical Sub-Code Flat Fee as per NJDCA Regulations: $85.
c.
Fire Subcode Fees: Minimum fee $58.
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.
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.
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:
(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.
(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.
(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.
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.
(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.
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]
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:
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.
Shall mean the Township Council of the Township of Berkeley,
in the County of Ocean.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interest of record in a building and any who are in actual
possession thereof.
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]
[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:
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.
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.
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."
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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:
[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:
(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.
