[Ord. #255; Ord. #592; 1972 Code § 89-61]
It shall be unlawful for any person, corporation or agent to
construct, move, alter or change the use of any building or use any
land without first applying for a permit.
The provisions of this Chapter shall be administered and enforced
by the Building Inspector of the Municipality. In no case shall a
permit be granted for the construction or alteration of any building
where the proposed construction, alteration or use thereof would be
in violation of any provision of this Chapter. It shall be the duty
of the Building Inspector or his duly authorized assistants to cause
any building, plans or premises to be inspected or examined and to
order, in writing, the remedying of any conditions found to exist
in violation of any provision of this Chapter, and he shall have the
right to enter any building or premises during the daytime in the
course of his duties.
[Ord. #957; Ord. #981]
a.
An application shall be made to the Zoning Officer prior to the issuance
of a construction permit for the construction of a new building or
structure or any addition, expansion or alteration, including the
installation of a heating system, to an existing building or structure.
b.
If the Zoning Officer determines that the application complies with the provisions of Chapter 1 "Zoning" of the Code of the Borough of Brielle and any other applicable laws, the Zoning Officer may issue a zoning permit to the applicant. The applicant may then and only then requests that the Construction Code Official issue a construction permit.
c.
If the Zoning Officer makes a determination that an application does not meet the provision of Chapter 21 "Zoning" or any other applicable laws, the Zoning Officer shall issue a written denial of the application and inform the applicant of the procedure to apply to the Planning Board or Board of Adjustment for relief of the provisions of Chapter 21 "Zoning".
d.
Prior to the commencement of construction of a new building or structure
or the construction of an addition to an existing building or structure
an applicant shall provide the following to the Zoning Officer for
his review:
1.
Plot Plan. A plot plan based on a survey that is no more than five
years old and which shall show all existing and proposed buildings
and structures on the property, and all flood elevation levels. After
a written determination is made by the Zoning Officer that the new
building or structure and/or proposed addition conforms with applicable
zoning requirements, the Zoning Officer shall issue a zoning permit
to the applicant. The applicant may then request the Construction
Official to issue a construction permit.
2.
Grading Plan. A grading plan prepared by a licensed engineer, land
surveyor or architect shall be submitted for the construction of any
new building or structure or construction of an addition having a
foundation area in excess of 500 square feet to an existing building
or structure. The plan must demonstrate that surface water does not
flow onto neighboring properties and that the proposed grade elevation
will not negatively impact neighboring properties. The grading plan
shall be subject to the review and approval of the Construction Official
and/or the Borough Engineer. The grading plan shall demonstrate compliance
with all the provisions of 21-63A.6.
3.
Foundation Location Survey. A foundation location survey prepared
by a licensed land surveyor or architect shall be submitted to the
Zoning Officer prior to the commencement of any above grade level
construction of a new building or structure or the construction of
an addition having a foundation area in excess of 500 square feet
to an existing building or structure. After a determination is made
by the Zoning Officer that the new building or structure or an addition
to an existing building conforms with applicable zoning requirements,
the applicant may continue construction of all elements above the
foundation of the building or structure.
4.
As-Built Survey. An "as-built" survey shall be submitted with an
application for the issuance of a certificate of occupancy for new
construction of any building or structure or the construction of an
addition having a foundation area in excess of 500 square feet to
an existing building or structure. The "as-built" survey shall be
prepared by a licensed land surveyor or architect and shall show the
location of all buildings and structures and the existing finished
surface elevations at all lot corners, house corners and all other
locations necessary to show conformity with the grading plan.
[Ord. #930, § A]
The purpose of this section is to control the disturbance of
land and related changes in grades and elevations by requiring adequate
provisions for surface water retention, drainage and soil erosion
in order to promote the safety, public health, convenience and general
welfare of the community.
[Ord. #930, § A]
As used in this section:
Shall mean a person, partnership, corporation or public agency
requesting permission to engage in land disturbance activity.
Shall mean any act by which soil or rock is cut into, dug,
quarried, uncovered, removed, displaced or relocated.
Shall mean any ground, soil or earth, including marshes,
swamps, drainage ways and areas not permanently covered by water,
within the Borough.
Shall mean a land disturbance permit issued by the Construction
Official to perform work in accord with this section.
Shall mean any plot, parcel or parcels of land.
Shall mean all unconsolidated mineral and organic material
of any origin.
Shall mean any activity, which significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
[Ord. #930, § A]
No land or land area shall be disturbed by any person, partnership,
corporation, municipal corporation or other public agency within the
Borough unless prior thereto the applicant has obtained a valid land
disturbance permit issued by the Construction Official in accordance
with the requirements of this section.
[Ord. #930, § A]
A valid land disturbance permit shall be obtained by the filing
of an application which shall be accompanied by a plot plan for the
premises, which plot plan shall contain:
a.
The location and description of all existing natural and man-made
features on the site, including general topography, existing drainage
and water flow, proposed drainage and water flow and soil characteristics
and a copy of the soil conservation soil survey.
b.
The location and description of proposed land disturbances, specifying
all changes contemplated.
[Ord. #930, § A]
Upon receipt of the application and plans as required hereunder,
the Construction Official and/or the Borough Engineer shall review
same and then issue or deny the permit, which may be with or without
conditions.
[Ord. #930, § A]
Permit holders shall comply with the following requirements.
a.
Notify the Borough of Brielle Constructing Official in writing 72
hours in advance of any land disturbance.
b.
Install a stabilized construction entrance into the lot (50 feet
by 30 feet by six inches of IV2 inches to two
inches clean stone).
c.
Install an effective sediment barrier along the lower limits of construction
so soil will not be carried off the site by rainwater. A continuous
line of hay bales (dug in 4.0 inches and staked), or a silt fence
(dug in six inches on the bottom) shall be used and installed according
to the design plans of Illustration #1, Hay Bale Sediment Barrier
Installation, or Illustration #2, Silt Fence Construction and Installation.[1]
[1]
Editor's Note: The illustrations referred to herein may be
found at the end of this chapter.
d.
Provide temporary stabilization of all exposed soils, not subject
to construction traffic. Temporary stabilization may be done in nongrowing
seasons with straw mulch, applied at a rate of 95-115 lbs/1,000 square
feet and held in place with a mulch binder.
e.
During the growing season, temporary stabilization will require the
soil to be seeded with annual rye grass and mulched with 70-90-lbs/1,000
square feet of straw or hay.
f.
Permanent stabilization requires a three seed mixture of "permanent"
or perennial seed types that are mulched and anchored.
g.
Remove all lot debris from the street regularly and sweep the street
daily.
[Ord. #930, § A]
The following principles shall apply to all land disturbance
permits:
a.
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner, which will minimize soil erosion.
b.
Whenever feasible, natural vegetation shall be retained and protected.
c.
Drainage provisions shall accommodate increased runoff, resulting
from modified soil and surface conditions, during and after development
or disturbance.
d.
Water runoff shall be minimized and retained on site whenever possible
to facilitate groundwater recharge.
e.
Land disturbance shall be done in a manner that shall not cause a
change in slope which would result in the slope exceeding 10%.
[Ord. #930, § A]
Each application shall be accompanied by a fee in the amount
of $75. However, any application hereunder which is made in conjunction
with an application for a building permit for new construction shall
not require the payment of any fee in addition to that fee paid for
the construction permit.
[Ord. #930, § A]
The requirements of this section shall be enforced by the Construction
Official, who shall also inspect or require adequate inspection of
the work. If the Construction Official finds existing conditions not
as stated in the applicant's land disturbance permit or the site does
not comply with all requirements of this section, he/she may refuse
to approve further work and may seek other penalties as provided for.
[Ord. #930, § A]
Appeals from decisions under this section may be made to the
Borough Council in writing within 10 days from the date of such decision.
The appellant shall be entitled to a hearing before the Borough Council
within 30 days from the date of appeal.
[Ord. #930, § A]
a.
Any person who violates any of the provisions of this section or
fails to comply or adhere to the land disturbance permit shall be
subject to an action filed in the Superior Court for injunctive relief
and/or damages for the restoration or correction of the violation
or violations.
b.
In addition, any person who violates any of the provisions of this section or fails to comply or adhere to the land disturbance permit granted hereunder shall be liable, upon conviction of such punishable offense, to the penalty stated in Chapter 1, Section 1-5 of the Code of the Borough of Brielle.
[Ord. #255; Ord. #592; 1972 Code § 89-62]
Applications for building permits shall be made in the manner
prescribed in the Building Code.
[Ord. #255; Ord. #592; 1972 Code § 89-63]
It shall be the duty of the Building Inspector to keep a record
of all applications for permits and a record of all permits issued,
with a notation of all special conditions involved. He shall file
and safely keep copies of all plans submitted, and the same shall
form a part of the records of his office and shall be available for
the use of the Governing Body and of other officials of the Municipality,
the County, the State and the public. Records shall not be removed
except with the written consent of the Building Inspector. The Building
Inspector shall prepare a monthly report for the Governing Body, summarizing
for the period since his last previous report all building permits
and certificates issued by him and all complaints of violations and
the action taken by him consequent thereon. A copy of each such report
shall be filed with the Municipal Tax Assessor at the same time it
is filed with the Governing Body.
[Ord. #910]
No construction above the foundation shall commence until as
built/foundation survey drawings of the foundation are submitted to
and approved by the Construction Official.
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ILLUSTRATION #1
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HAY BALE SEDIMENT BARRIER INSTALLATION
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(Subsection 21-63A.6)
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ILLUSTRATION #2
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SILT FENCE CONSTRUCTION AND INSTALLATION
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(Subsection 21-63A.6)
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[Ord. #255; Ord. #592; 1972 Code § 89-64]
No building shall be used or changed in use until a Certificate
of Occupancy shall have been issued by the Building Inspector stating
that the building or the proposed use thereof complies with the provisions
of this Chapter.
a.
A Certificate of Occupancy, either for the whole or a part of a building,
shall be applied for by the owner or his authorized agent coincident
with the application for a building permit and shall be issued within
10 days after the erection or structural alteration of such building,
or part, shall have been completed in conformity with the provisions
of this Chapter.
b.
In case the Building Inspector shall decline to issue a Certificate
of Occupancy, his reasons for doing so shall be stated on one copy
of the application and that copy returned to the applicant.
c.
A Certificate of Occupancy shall be issued to any owner or authorized
agent, who shall be held responsible for any violation of this Chapter
on the premises. A record of all Certificates shall be kept on file
by the Building Inspector and copies shall be furnished to any person
having an ownership interest in the building affected, or to the authorized
agent of such owner.
d.
No Certificate of Occupancy shall be required for any building legally
existing at the time of the enactment of this Chapter except where
the character or use of occupancy is changed.
e.
A temporary Certificate of Occupancy may be issued if the Building
Inspector determines that the building is sufficiently completed to
insure the safety and health of the occupants. A temporary Certificate
of Occupancy shall not be in force for more than six months and cannot
be renewed.
f.
Revocation. On the serving of notice of any violation of any of the
provisions or requirements with respect to any building or use thereof
or of land, as specified in this Chapter, the Certificate of Occupancy
for such use shall thereupon, without further action, be null and
void. A new Certificate of Occupancy shall be required for any further
use of such building or land.
g.
Occupancy records. A monthly report of the Certificates of Occupancy
issued shall be filed with the Tax Assessor. A record of all Certificates
of Occupancy issued shall be kept in the office of the Building Inspector.
