Borough of Union Beach, NJ Chapter 10 Building and Housing

§ 10-1 UNIFORM CONSTRUCTION CODE ENFORCING AGENCY.

§ 10-1.1 Enforcing Agency Established.

[Ord. #288, § 1; Ord. No. 2016-229]

a. There is hereby established in the borough a State Uniform Construction Code enforcing agency to be known as Union Beach Code Enforcement Bureau, consisting of a construction official, building subcode official, plumbing subcode official, electrical subcode official, fire subcode officials, and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code and the International Code Council, Building subcode of 2015, Plumbing subcode of 2015, Fire subcode of 2015 and the Electrical subcode of 2014. The construction official shall be the chief administrator of the enforcing agency. Any reorganization of positions, or the opening of lines of authority between dispersed personnel in different agencies, is reserved to the mayor and council.

b. Each official position created in subsection a hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, C.217 as amended and N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to P.L. 1975, C.217 and N.J.A.C. 5:23 to hold each such position.

c. The public shall have the right to do business with the enforcing agency at one office location except for emergencies, and unforeseen or unavoidable circumstances.

§ 10-1.2 Construction Board of Appeals.

[Ord. #361, § 1]

The borough of Union Beach shall hereby grant jurisdiction to the Monmouth County Construction Board of Appeals for the purpose of hearing appeals from decisions by the enforcing agency.

§ 10-1.3 Construction Fee Schedule.

[Ord. #288, § 3; Ord. #365; Ord. #389, § 1; Ord. #457; Ord. #473; Ord. #565; Ord. #579; Ord. #651; Ord. #97-769; Ord. #99-791; Ord. #99-800; Ord. #2002-7; Ord. #2007-112; Ord. #2012-187; Ord. No. 2014-217]

a. State of New Jersey Training Fees. This fee shall be in the amount of $0.00371 per cubic foot of volume for new buildings and additions. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The fee for all other construction shall be $1.90 per $1,000 of value of construction. (N.J.A.C. 5:23-4.19)

1. No training fee shall be collected for pre-engineered systems of commercial farm buildings.

2. No training fee shall be collected for permits to perform asbestos or lead abatement.

3. No training fee shall be collected for permits for the construction or rehabilitation of residential units that are to be legally restricted to occupancy by households of low or moderate income, as defined in N.J.A.C. 5:43-1.5.

4. No training fee shall be collected for demolition of buildings or structures.

5. No training fee shall be collected for work consequential to a natural disaster when the local construction department is waiving its fee.

b. General Fees.

1. The fee for plan review shall be 20% of the amount charged for a construction permit.

2. The fee to be charged for a construction permit will be the sum of the basic construction fee plus all applicable special fees. This fee shall be paid before a permit is issued.

3. The fee to be charged for a certificate of occupancy shall be paid before a certificate is issued. This fee shall be in addition to the construction permit.

4. All fees shall be rounded to the nearest dollar.

5. All fees shall be paid in cash, check or money order payable to the Borough of Union Beach.

c. Fee Schedule. The basic construction permit fee shall be the sum of the parts computed on the basis of volume or cost of construction, the number of plumbing fixtures and pieces of equipment, the number of electrical fixtures and rating of electrical devices, the number of sprinklers, standpipes and detectors (smoke and heat) at the unit rates and/or the applicable flat fees as provided herein plus any special fees. The minimum fee for a basic construction permit covering any and all of the technical subcodes shall be $50.

For the purpose of determining estimated cost for renovations, alterations, repairs, and the external utility connection for premanufactured construction, the applicant shall submit to the department such cost data as may be available and produced by the architect or engineer of record, or by a recognized estimating firm, or by the contractor. A bonafide contractor's bid, or contract if available, shall be submitted. The construction official and/or subcode official shall make the final decision regarding the estimated cost.

1. Construction Fee Schedule.

(a) Building Subcode Fee.

(1) New Construction/Additions.

[a] $0.025 per cubic foot of building (or addition) structure volume.

[b] $0.00265 state training fee per cubic foot of building structure volume.

[c] Minimum fee- $75.

[d] Residential certificate of occupancy - 10% of total permit fees; minimum fee - $75 (in addition to minimum of other fees set forth above). Reinspection fee - $50. Any "special" inspection for all disciplines is a minimum of four hours at $48 per hour.

(2) Renovations, alterations and repairs of existing structures, including decks, porches, fireplaces, (enclosures of existing decks and porches shall be considered additions).

[a] $25 per $1,000 of estimated cost of work.

[b] $0.00135 state training fee per $1,000 of cost of work.

[c] Minimum fee - $50.

(3) Combinations of renovations and additions - the sum of fees computed separately as renovations and additions.

(4) Removal or relocation of building or structure from one lot to another or to a new location on the same lot - Same as for new construction and additions.

(5) Demolition:

[a] Residential, farm, garage, or accessory structure - $75.

[b] All other structures - $300.

(6) Plan review - 20% of the amount charged for construction permit to be paid before plans are reviewed. The minimum fee is $50. The amount paid for review shall be credited towards the cost of the construction permit.

(7) Renewal of permit:

[a] 10% of the original permit fee, provided there are no changes to the original plans.

[b] Minimum fee - $50.

(8) Revision of permit:

[a] New construction or addition: $50 minimum plus either paragraphs [1] or [2] below depending on which method of calculation produces the higher fee and/or is most appropriate to the revision: $0.0265 per cubic foot of building structure volume, or $25 per $1,000 of estimated cost of work.

[1] $0.0265 per cubic foot of building structure volume.

[2] $25 per $1,000 of estimated cost of work.

[b] Renovations, alterations and repairs: $50 minimum plus $25 per $1,000 of estimated cost of work.

(9) Swimming pools:

[a] Aboveground - $50.

[b] Inground - $100.

[c] Reinspection - $50.

(10) Fences, sheds and concrete:

[a] $0.00135 state training fee per $1,000 of cost of work.

[b] Fences (including fences required for pool enclosure) - $50.

[c] Sheds measuring 100 square feet area or more - $75.

[d] Concrete permit - $100.

(11) Commercial roofing and siding (repair, maintenance or improvement):

[a] $0.00135 state training fee per $1,000 of cost of work.

[b] $25 per $1,000 of cost of work.

[c] Minimum fee - $100.

(12) Commercial certificate of occupancy:

[a] 10% of total of permit fees (in addition to minimum or other fees).

[b] Business use - minimum fee - $125.

[c] Multi-family dwelling, minimum fee per unit - $125.

[d] Reinspection fee to ensure correction of violation or noncompliance - $100.

(13) Satellite dish/solar panels:

[a] $0.00135 training fee per $1,000 of cost of work.

[b] $25 per $1,000 of cost of work.

[c] Minimum fee - $100, Maximum fee - $800.

(14) Signs:

[a] $0.00135 state training fee per $1,000 of cost of work.

[b] $5 per square foot of surface area, computed on one side only for double-face sign.

[c] Minimum fee - $50.

(15) Radon abatement: $70 per dwelling or commercial unit.

(16) Asbestos removal or abatement: $100 per dwelling or commercial unit.

(17) Lead hazard abatement: $70 per dwelling or commercial unit.

(18) Tents in excess of 900 square feet or measuring more than 30 feet in any direction - $75.

(19) Temporary structure, tents, carports, etc., measuring 100 square feet or more - Must meet fire rating - $75 for 15 days.

(20) Elevators: Residential single-family - $75 for each elevator. Commercial or multi-dwelling - $500 for each elevator.

(b) Plumbing Subcode Fees.

(1) Minimum permit fee - $50.

(2) $20 per fixture or stack except as listed below.

(3) Air conditioning, refrigeration, freezer system unit (HVAC), each unit - $75.

(4) Appliances:

[a] Residential, per unit:

[1] Boiler/furnace: $50.

[2] Water heater: $50.

[3] Dishwasher: $25.

[4] Washing machine: $25.

[5] Other gas appliances: $25.

[6] Replacement (same fuel): $25.

[b] Commercial, per unit:

[1] Boiler furnace: $100.

[2] Water heater: $75.

[3] Dishwasher: $75.

[4] Washing machine: $75.

[5] Drinking fountain: $25.

[6] Condensate drain (per unit): $25.

(5) Fixtures:

[a] Toilet/latrine: $25.

[b] Urinal or bidet: $25.

[c] Shower: $25.

[d] Bath tub (including shower): $25.

[e] Sink: $25.

[f] Garbage disposal unit: $25.

[g] Floor drain: $25.

[h] Sewer pump: $75.

[i] Gas piping: $75.

[j] Fuel oil piping: $75.

[k] Grease trap: $75.

[l] Backflow prevention device: $75.

[m] Interceptor/separator: $75.

[n] Radon piping: $50.

[o] Lawn sprinkler system: $75.

[p] Water filter system: $50.

[q] Oil separators (each): $75.

[r] Sump pump connection (each): $25.

[s] Hot tub with drain to sewer: $75.

[t] Hot tub, no drain to sewer: $40.

[u] Jacuzzi: $75.

[v] Hose bib: $25.

[w] Hot water solar panels and hot water roof systems: $75.

[x] Vent Stack: $20.

[y] Other plumbing fixtures: $25.

(6) Water and sewers: (permit fees only - see subsection 11-2.10 for connection fees and charges)

[a] Water service connection: $100.

[b] Sewer service connection: $100.

(7) Storage tanks, underground storage tanks (UST):

[a] Oil tanks, installation or removal:

[1] 60-1,000 gallons: $75.

[2] 1,001-2,000 gallons: $250.

[3] Over 2,000 gallons: $500.

[b] LPG gas storage:

[1] Aboveground, up to 500 gallons: $100.

[2] Aboveground, 500+-2,000 gallons: $150.

[3] Underground, up to 2,000 gallons: $150.

(8) Plan review: 20% of the amount charged for construction permit to be paid before plans are reviewed. The minimum fee is $50. The amount paid for review shall be credited towards the cost of the construction permit.

(9) Renewal of permit:

[a] 10% of the original permit fee, provided there are no changes to the original plans.

[b] Minimum fee: $50.

(10) Revision of permit:

[a] $25 per $1,000 of estimated cost of work.

[b] Minimum fee: $50.

(11) Reinspection: $50.

(c) Electrical Subcode Fees.

(1) Minimum permit fee: $50.

(2) Electrical fixtures and devices: 1-50 $75 (lighting fixtures, wall switches, convenience receptacles, sensors, dimmers, alarm devices, smoke and heat detectors, communications outlets, light standards eight feet or less in height including luminaries, emergency lights, electric signs, exit lights or similar electric fixtures and devices rated 20 amps or less including motors or equipment rated less than 1 hp or 1 kW)

For each additional 25 or fraction thereof: $35.

(3) Service panels, entrance conductors and sub panels:

100 amps or less	$75
101-200 amps	$110
201-300 amps	$160
301-400 amps	$210
Every additional 100 amps or part over 400 amps	$50
Temporary service:
(Pole) with 1 receptacle	$150
(Pole) with 1 to 6 receptacles or devices	$225
1 construction trailer	$250
Each additional trailer off same service	$50

(4) Motors, generators, transformers:

Less than 1 hp/kW	$35
Greater than 1 hp/kW to 10 hp/kW	$75
Greater than 10 hp/kW to 50 hp/kW	$80
Greater than 50 hp/kW to 100 hp/kW	$130
Greater than 100 hp/kW to 150 hp/kW	$180
Every additional 50 hp/kW or part over 150	$50

Actual nameplate horsepower/kilowatt rating must be noted on the application to assure no delay in permit issuance. No permit for a service change or service upgrade will be issued unless Jersey Central Power and Light Company (or any successor or alternative electric provider) has issued a work request number which is submitted with the application for permit.

(5) Other electrical devices, excluding plug in appliances:

Air conditioning, refrigeration, freezer system unit (HVAC), each	$75
Air conditioning, replacement fee	$50
Attic fan	$20
Bonding	$20
Burglar alarm panel	$40
Cable outlets, 1 to 5	$20
Cable outlets, over 5, each	$5
Central heat (oil/gas)	$40
Combination burglar/fire alarm panel	$45
Commercial exhaust, plus hp fee	$30
Commercial suppression system	$80
Control panel, each	$60
Cook top unit	$30
Dishwasher	$35
Door bell/chime and transformer (each)	$5
Dryer	$30
Electric valves (each)	$10
Fire alarm panel	$40
Floor case cooler	$50
Garbage disposal unit	$10
Hard wired smoke detectors, 1 to 5	$40
Hard wired smoke detectors, over 5, (each)	$5
Heat pumps, plus hp & kW	$40
Hot tubs, plus hp/kW	$40
Hot water heater	$40
Intercom panel	$50
Intercom/Crt devices 1 to 25	$25
Intercom/Crt devices, each additional 25 or part thereof	$25
Jacuzzi, plus hp & kW	$40
Kitchen exhaust, commercial, plus hp	$30
Light standards, area lighting, 1 to 5, plus trench inspection	$75
Light standards, area lighting, over 5 each plus trench inspection	$15
Load management devices	$75
Oven	$30
Pool pumps and filters, aboveground, plus hp & kW	$75
Pool pumps and filters, inground, plus hp & kW	$125
Radon exhaust	$30
Range, residential	$30
Range, commercial, plus kW	$40
Sign, up to 5 square feet, plus feed and auto control device	$40
Sign, 5 plus to 9 square feet, plus feed and auto control device	$100
Telephone outlets, 1 to 5	$20
Telephone outlets, over 5, each	$5
Thermostats, each	$10
Timer for electric hot water heater	$30
Timer or photo cell	$30
Trench inspection	$15
Transformers/generators freestanding/backup power/emergency)
Up to 200 kW	$60
201-500 kW	$75
501-800 kW	$110
Over 801 kW	$130
Walk in cooler/freezer	$50
Whirlpool, plus hp & kW	$40

(6) Reinspection: $50.

(7) Photovoltaic (PV) Systems.

[Added 7-26-2018 by Ord. No. 2018-269]

[a] The fee for a photovoltaic (PV) system installed in any residential use group shall be as follows:

[1] PV systems up to 10 KW: $350.

[2] PV systems greater than 10 KW: $350 for the first 10 KW plus $35 for each 1 KW or portion thereof over 10 KW.

[b] The fee for all other use groups shall be as follows:

[1] PV systems up to 50 KW: $1,750.

[2] PV systems greater than 50 KW: $1,750 for the first 50 KW plus $35 for each 10 KW or portion thereof over 10 KW.

[c] Note: Above fees are inclusive of all disconnects, overcurrent devices, inverters, metering devices, and any other associated equipment.

(d) Fire Subcode Fees.

(1) Minimum permit fee: $50.

(2) Fire prevention/protection devices, excluding plug in and battery operated devices:

Combustible/flammable liquid exhaust systems/devices	$200
Commercial kitchen exhaust systems/devices	$200
Detectors, carbon monoxide
1-5 detectors	$50
5-10 detectors	$100
Each additional detector	$10
Detectors, smoke
1-20 detectors	$75
21-50 detectors	$150
Each additional detector	$10
Fire alarm panel, commercial
1-15 devices	$75
16-50 devices	$150
Each additional 50 devices or part thereof	$150
Fire alarm panel, residential
1-5 devices	$50
6-15 devices	$100
Each additional device	$10
Fire pumps	$250
Flow valves, flow devices, each	$25
Gas or oil fired furnace or boiler
Residential	$50
Commercial, low pressure	$75
Commercial, high pressure 930 psi or higher	$200
Gas or oil fired appliance
Not connected to plumbing system	$50
Incinerator, crematorium, each	$500
Jockey/booster pumps	$250
Knox-Box®/lock box	$40
Lights, emergency/exit signs
1-5 devices	$50
6-10 devices	$100
11-15 devices	$150
Each additional device	$10
Manual alarm systems/pull stations
1-5 devices	$50
6-10 devices	$100
11-15 devices	$150
Each additional device	$10
Smoke control and removal system	$200
Sprinklers, commercial
1-20 units	$200
21-50 units	$500
Each additional unit	$10
Sprinkler and detectors combined in 1 unit
1-20 units	$200
21-50 units	$500
Each additional unit	$10
Sprinklers, residential
1-5 units	$50
5-10 units	$100
Each additional unit up to 20	$10
Standpipes, each	$100
Suppression systems, independent pre-engineered systems including dry chemical, wet chemical, halon, carbon dioxide and other compounds plus initiation and delivery components	$250
Water heater, gas, oil or other fuel fired appliances	$50
Wood stoves/gas or wood fireplaces/ other nonconventional heating devices	$50
Other devices or systems - fee to be calculated on component parts or analogous function - minimum fee	$50

(3) Storage tanks (ST) and underground storage tanks (UST):

[a] Gasoline service station (diesel at same rate as gasoline)

3 storage tanks up to 10,000 gallons each plus 6 pumps	$500
Each additional tank installed at same time	$100
Each additional tank installed at subsequent time	$250
Each additional pump installed at same time	$50
Each additional pump installed at subsequent time	$75

[b] Oil, fuel, chemical or other hazardous/toxic/combustible/flammable liquid tanks installation or removal:

1-1,000 gallons	$75
1,001-2,000 gallons	$150
2,001-5,000 gallons	$200
5,001-10,000 gallons	$500
Over 10,000 gallons	$750

[c] LPG storage:

Aboveground, up to 500 gallons	$100
Aboveground, 500+ to 2,000 gallons	$150
Underground, up to 2,000 gallons	$150
Underground, over 2,000 gallons	$200
Waste oil tanks, up to 10,000 gallons	$100

[d] Trench or tank opening inspection, each inspection: $75.

[e] Fuel conversion fee: $50.

d. Waiver of fee for emergency service volunteers. There shall be no fee charged for the cost of construction for the initial erection, expansion, additions, alteration or improvement to the principal residence of any current volunteer fireman; volunteer first-aid member or volunteer emergency management personnel who has served for four years or agrees, in writing, to serve for four years in such volunteer service. In the event that said volunteer who has agreed to serve four years and drops out of said service and remains in said residence before the completion of four years of service, said volunteer shall pay the entire construction fee that had been previously waived.

[Added 11-22-1999 by Ord. No. 99-800]

§ 10-1.4 Fire Limits.

[Ord. #288, § 4]

Fire limits are established pursuant to N.J.A.C. 5:23 shall be enacted by the mayor and council prior to July 1, 1977.

The construction official shall prepare and submit to the mayor and council bi-annually, a report re-evaluating the delineation of the fire limits. This report shall indicate the recommendations of the construction official, the building subcode official, and the fire subcode official regarding those areas which should be designated as within fire limits, with the reasons therefor.

§ 10-1.5 Violations and Penalties.

[Ord. #2007-112]

Any person who shall commence construction, modification, renovation or repair without paying the permit fees and obtaining the required permits set forth above or otherwise violate a provision of this code shall, upon conviction thereof, be subject to a fine of not less than $100 not more than $2,000 for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.

Each day that a violation continues after due notice has been served shall be deemed a separate offense.

If the code enforcement bureau official or other code enforcement office chooses to impose a fine in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

§ 10-2 INTERNATIONAL PROPERTY MAINTENANCE CODE, 2015 EDITION.

§ 10-2.1 Adoption of International Property Maintenance Code, 2015 Edition.

[Ord. #441, § 1; Ord. #96-749, § 1; Ord. #2007-100; Ord. #2012-188; Ord. No. 2016-229]

A certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Union Beach, being marked and designated as the International Property Maintenance Code, 2015 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Union Beach, in the State of New Jersey, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code, 2015 Edition, on file in the office of the Borough of Union Beach are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in subsection 10-2.3 of this section.

§ 10-2.2 Repealer and Saving Clause.

[Ord. #441, § 3; Ord. #96-749, § 1; Ord. #2007-100; Ord. #2012-188; Ord. No. 2016-229]

The former subsection 10-2.1 adopting and amending "The International Property Maintenance Code, 2012 Edition," and former subsections 10-2.2, 10-2.4 and 10-2.5 be and the same hereby are repealed. Nothing in this section or in the International Property Maintenance Code, 2015 Edition, hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in this subsection; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.

§ 10-2.3 Additions, Insertions and Changes.

[Ord. #441, § 4; Ord. #96-749, § 1; Ord. #2007-100; Ord. #2012-188]

The following shall be included in the appropriate sections designated by bracketed italicized words in the text of this code:

Section 101.1	Page 1, second line in section, insert "Borough of Union Beach;"
Section 302.4	Page 9, second line in section, insert "10 inches (254 mm);"
Section 304.14	Page 10, first and second lines in section, insert "April 1" to "October 31;"
Section 602.3	Page 17, fifth line in section, insert "September 15" to "May 31;"
Section 602.4	Page 17, third line in section, insert "November 1" to "May 1;"

§ 10-2.4 Requirement for a Certificate of Occupancy.

[Ord. #441, § 5; Ord. #627; Ord. #2007-100; Ord. #2010-172; Ord. #2012-188; Ord. No. 2016-229]

No owner or person in any capacity shall occupy or cause, let, allow, permit or suffer to be occupied by any person any vacant dwelling or dwelling unit, nor shall any person, owner, or any agent, servant or employee lease or occupy or cause to be let or occupied any vacant dwelling or dwelling unit unless a certificate of occupancy certifying that the dwelling unit is fit for human habitation as set forth in this section, shall first be obtained from the code official.

a. The code official shall cause to be prepared appropriate application forms for such certificate of occupancy which forms shall be available to applicants at the office of the code enforcement officer.

b. The code official shall cause to be prepared appropriate forms of the certificate of occupancy.

c. For a single family residence a fee of $100 to cover the cost of the application and of the first inspection and any reinspection to confirm the correction of violations, deficiencies or other noncompliances prior to the issuance of the certificate of occupancy. If a third inspection is required because the applicant failed to correct all of the violations, deficiencies or other noncompliances an additional fee of $50 shall be charged prior to the issuance of the certificate of occupancy. An additional fee of $50 shall be charged for each reinspection required thereafter to ensure compliance with the code prior to the issuance of the certificate of occupancy. All fees shall be paid by the applicant to the Borough of Union Beach at the time the application is filed and prior to each required reinspection and shall not be refundable.

d. For a commercial building or multi-family dwelling with more than one apartment a fee of $125 to cover the cost of the application and of the first inspection and any reinspection to confirm the correction of violations, deficiencies or other noncompliances prior to the issuance of the certificate of occupancy. If a third inspection is required because the applicant failed to correct all of the violations, deficiencies or other noncompliances an additional fee of $100 shall be charged prior to the issuance of the certificate of occupancy. An additional fee of $100 shall be charged for each reinspection required thereafter to ensure compliance with the code prior to the issuance of the certificate of occupancy. All fees shall be paid by the applicant to the Borough of Union Beach at the time the application is filed and prior to each required reinspection and shall not be refundable.

§ 10-2.5 Designation of Enforcement Authority.

[Ord. #441, § 6; Ord. #96-749, § 1; Ord. #2007-100; Ord. #2012-188; Ord. No. 2016-229]

The code enforcement officer shall be deemed the code official empowered to and responsible for the enforcement of all of the provisions of this section and the International Property Maintenance Code, 2015 Edition, adopted by this section. The titles "code official" and "code enforcement officer" as they appear in these Revised General Ordinances and the International Property Maintenance Code, 2015 Edition, shall be deemed interchangeable references to the same officials or officers of the Borough of Union Beach.

§ 10-2.6 Violations and Penalties.

[Ord. #2007-100; Ord. #2012-188; Ord. No. 2016-229]

Any person who shall violate a provision of the International Property Maintenance Code, 2015 Edition shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $2,000 for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.

Each day that a violation continues after due notice has been served shall be deemed a separate offense.

If the violation is of a provision of any housing, building or zoning code and the Code Enforcement Bureau official or other code enforcement officer chooses to impose a fine in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

§ 10-3 SMOKE DETECTORS REQUIRED FOR CERTIFICATE OF OCCUPANCY.

§ 10-3.1 Definitions.

[Ord. #315, § 1]

As used in this section:

a. DWELLING - Shall mean any building containing one or more rooms used as a dwelling unit or units.

b. DWELLING UNIT - Shall mean any room or group of rooms arranged for the use of one or more persons as a single housekeeping unit and/or sleeping facilities.

c. SMOKE DETECTOR- Shall mean an Underwriters Laboratory (U.L.) label, approved, listed and labeled smoke detector device sensing visible or invisible particles of combustion which when actuated the detector shall provide an alarm sufficiently audible to warn occupants of the dwelling unit whether such occupants are sleeping or awake.

§ 10-3.2 Existing Dwellings; Smoke Detectors Required.

[Ord. #315, § 2]

On or before June 30, 1979 all existing dwellings shall be installed with a sufficient number of smoke detectors, as defined in subsection 10-3.1, to warn all occupants of the presence of any visible or invisible particles of combustion. Such devices shall be placed in such locations in the dwellings that when actuated will sound off an alarm sufficiently audible to warn any sleeping occupants of the presence of such combustible particles.

§ 10-3.3 Certificate of Occupancy; Smoke Detector Required.

[Ord. #315, § 3]

Effective immediately no certificate of occupancy shall be issued for any dwelling or dwelling unit after it has become vacant unless such dwelling or dwelling unit has installed smoke detectors sufficient in number to warn all occupants of the dwelling. Such detectors shall be in proper working order and shall be installed in locations within dwellings so that the detectors, when actuated, will be sufficiently audible to all occupants whether they be asleep or awake.

§ 10-3.4 Smoke Detectors in Basements or Cellars.

[Ord. #315, § 4]

In dwellings having basements or cellars an additional smoke detector shall be installed in the basement or cellar in a location approved by the authority having jurisdiction.

§ 10-3.5 Power Source.

[Ord. #315, § 5]

Power supplied for smoke detectors shall be either by battery or from a reliable electric source obtainable within the building. All wiring shall conform with the requirements of the National Electrical Code.

§ 10-3.6 Responsibility for Installation and Maintenance of Smoke Detector.

[Ord. #315, § 6]

It shall be the responsibility of the owner of each dwelling to have installed a sufficient number of smoke detectors in proper order as required by subsection 10-3.2 and subsection 10-3.4 of this section. Thereafter, it shall be the joint responsibility of the owner and tenant, if a rental, for battery replacement and the maintaining of reasonable care for the smoke detector.

§ 10-3.7 Installation of Smoke Detectors; Exceptions.

[Ord. #315, § 7]

Any new or existing dwelling which is required by law or regulation to have installed any smoke detector or fire prevention system other than which is required by this section and does in fact have such system installed, shall be exempted from the provisions of this section.

§ 10-3.8 Violations and Penalty.

[Ord. #315, § 8; Ord. #2006-80]

For any and every violation of the provisions of this section, the owner, agent, tenant or contractor or other person having control of the building or premises where such violation has been committed or shall exist, and any other person who commits, takes part in, assists, allows or suffers such violation to exist, or makes a misrepresentation in any application or certification made pursuant to this section, shall for each and every day that such a violation continues be subject to a fine of not less than $100 nor more than $500, or a greater penalty not more than $5,000 as authorized by N.J.A.C. 5:70-2.12, for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.

If the violation is of a provision of any housing, building or zoning code and the code enforcement bureau official or other code enforcement officer chooses to impose a fine in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

§ 10-3.9 Enforcement.

[Ord. #315, § 9]

The officials charged with the duty of enforcing this section shall be the construction official, the building subcode official, the fire-subcode official, the fire protection inspector, the code enforcement officer, the members of Union Beach Fire Department and the members of the uniform police department.

§ 10-4 TEMPORARY USE OF HOUSE TRAILERS.

See also Trailer Regulations in Chapter 3, Section 3-7.

§ 10-4.1 Purpose.

[Ord. #337, § 1]

The mayor and council desire to strictly control the use of house trailers in the borough. There are certain emergencies in which the temporary emergency use of house trailers is appropriate.

§ 10-4.2 Procedures Required for Temporary Trailer Use.

The following procedure shall be established permitting the temporary emergency use of house trailers in the borough:

a. The property owner of record shall certify to the code enforcement officer:

1. That substantial damage has been caused to his property by fire or natural disaster such as to make it uninhabitable during the renovation period.

2. That he is the owner of the property and has undertaken renovation thereof,

3. What the status of taxes, liens and assessments is on the property,

4. The validity of and produce his homeowners hazard insurance policy for copying by the code enforcement officer,

5. The names and ages of the persons who reside in the house;

b. The code enforcement officer shall then issue a temporary permit to the owner and inspect the trailer; and report to the mayor and council at the next scheduled agenda meeting and advise whether the trailer complies with all standards of habitability, ordinances, codes and regulations and recommend to either grant or deny a final permit to use the house trailer for a period not to exceed six months from the date of the issuance of the temporary permit.

c. The property owner shall report to the mayor and council as to length of time required to restore the premises at the next regularly scheduled agenda meeting after the disaster.

d. The mayor and council shall by resolution at the next public meeting either grant or deny the final permit to use the house trailer for a period not to exceed six months from the date of the issuance of the temporary permit.

e. If it appears to the property owner that a period longer than six months is required he shall make application to the code enforcement officer no sooner than the expiration of the fifth month nor later than the first regularly scheduled agenda meeting of the sixth month after the temporary permit was granted by the code enforcement officer for an extension of the final permit.

f. Extension of Final Permit.

1. The code enforcement officer shall report to the mayor and council at the next regularly scheduled agenda meeting as to the status of the restoration of the home and may recommend the granting of an extension, provided that, in no event shall such extension exceed 60 days from the expiration of the final permit,

2. The mayor and council shall by resolution at the next regular public meeting either grant or deny the extension of the final permit,

g. Taxes and Liens. The code enforcement officer shall obtain a certification from the tax collector of the borough as to the current status of taxes, assessments and liens on the property. Should there by any outstanding taxes, assessments or liens existing, the code enforcement officer shall:

1. Advise the property owner in writing that the borough ordinance requires that the insurance company pay the borough a sufficient sum to bring these charges current if the total payment for damages on the premises exceeds $2,500 and in such event he shall obtain the signature of the resident acknowledging that he has been so advised; and

2. If the damages exceed $2,500 and there are such charges, the code enforcement officer shall so advise the insurance company in writing of the borough ordinance pursuant to P.L. 1978 C. 184 and affix to the letter a copy of the certification by the tax collector indicating the amount required to bring the charges current.

h. Removal of House Trailer.

1. The property owner shall report to the code enforcement officer immediately upon the completion of the restoration work so that same may be inspected by the building inspector for the issuance of a certificate of occupancy.

2. The building inspector shall charge the normal fee for such inspection and immediately advise the code enforcement officer in writing of the exact date and time that the homeowner has been granted a certificate of occupancy,

3. The homeowner shall remove the house trailer from the premises within 48 hours of the granting of the certificate of occupancy.

4. If the mayor and council deny a final permit pursuant to or an extension of the final permit pursuant to this section, the homeowner shall remove the trailer from the premises by noon of the day following the denial in the case of the denial of a final permit, and by noon on the expiration date of the final permit in the case of the denial of an extension.

i. Use of Trailer.

1. During the period when the house trailer is located on the premises pursuant to this section, same shall be occupied only by the individuals named in the homeowner's certification pursuant to paragraph a, 5 above.

2. The house trailer cannot be used for any purpose other than for the temporary emergency residence of the people named in paragraph a, 5 and cannot be leased, rented, demised or in any way alienated to any other persons, firms, businesses, corporations or entities.

3. The homeowner shall vest no right to continue to locate the house trailer on the premises or to use or occupy same beyond the time specifically granted in the temporary emergency permit by the mayor and council.

j. Violations and Penalties. For any and every violation of the provisions of this section, the owner, agent, tenant or contractor or other person having control of the building or premises where such violation has been committed or shall exist, and any other person who commits, takes part in, assists, allows or suffers such violation to exist, or makes a misrepresentation in any application or certification made pursuant to this section, shall for each and every day that such a violation continues be subject to a fine of not less than $100 nor more than $2,000 for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.

If the violation is of a provision of any housing, building or zoning code and the code enforcement bureau official or other code enforcement officer chooses to impose a fine in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

§ 10-5 NATIONAL FLOOD INSURANCE REGULATIONS AND FLOOD DAMAGE PREVENTION. [1]

[1] Editor's Note: Section 10-5, National Flood Insurance Regulations and Flood Damage Prevention, was readopted in entirety by Ord. No. 2021-305. Ordinance history includes: Ord. Nos. 343; 404; 522; 2006-80; 2009-144; 2013-191; 2014-199; 2016-233.

§ 10-5.1 Title.

[Added 11-22-2021 by Ord. No. 2021-305]

This section, in combination with the flood provisions of the Uniform Construction Code (UCC), N.J.A.C. 5:23 (hereinafter "Uniform Construction Code"), consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"),[1] N.J.A.C. 7:13, shall be known as the "Floodplain Management Regulations of the Borough of Union Beach" (hereinafter "this section").

[1] Editor's Note: See N.J.S.A. 58:16A-50 et seq.

§ 10-5.1.1 Scope.

[Added 11-22-2021 by Ord. No. 2021-305]

This section, in combination with the flood provisions of the Uniform Construction Code and FHACA, shall apply to all proposed development in flood hazard areas established in Subsection 10-5.2 of this section.

§ 10-5.1.2 Purposes and Objectives.

[Added 11-22-2021 by Ord. No. 2021-305]

The purposes and objectives of this section are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

a. Protect human life and health.

b. Prevent unnecessary disruption of commerce, access, and public service during times of flooding.

c. Manage the alteration of natural floodplains, stream channels and shorelines.

d. Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.

e. Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.

f. Contribute to improved construction techniques in the floodplain.

g. Minimize damage to public and private facilities and utilities.

h. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.

i. Minimize the need for rescue and relief efforts associated with flooding.

j. Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.

k. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.

l. Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations § 59.22.

§ 10-5.1.3 Coordination with Building Codes.

[Added 11-22-2021 by Ord. No. 2021-305]

Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Borough of Union Beach administer and enforce the state building codes, the Borough Council of Union Beach does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, this section is intended to be administered and enforced in conjunction with the Uniform Construction Code.

§ 10-5.1.4 Ordinary Building Maintenance and Minor Work.

[Added 11-22-2021 by Ord. No. 2021-305]

Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including nonstructural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator with consultation from the Construction Official through the floodplain development permit to ensure compliance with Subsection 10-5.3.15, Substantial Improvement and Substantial Damage Determinations, of this section.

§ 10-5.1.5 Warning.

[Added 11-22-2021 by Ord. No. 2021-305]

The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of this section does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.

§ 10-5.1.6 Other Laws.

[Added 11-22-2021 by Ord. No. 2021-305]

The provisions of this section shall not be deemed to nullify any provisions of local, state, or federal law.

§ 10-5.1.7 Violations and Penalties for Noncompliance.

[Added 11-22-2021 by Ord. No. 2021-305]

a. No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this section or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $1,250 under N.J.S.A. 40:49-5, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.

b. Each day in which a violation of an ordinance exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the court may determine, except that the owner will be afforded the opportunity to cure or abate the condition during a thirty-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 under N.J.S.A. 40:49-5 may be imposed if the court has not determined otherwise or if, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

c. Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance, and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this section, but shall be calculated separately from the fine imposed for the violation of this section.

§ 10-5.1.8 Solid Waste Disposal in a Flood Hazard Area.

[Added 11-22-2021 by Ord. No. 2021-305]

Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.

§ 10-5.1.9 Abrogation and Greater Restrictions.

[Added 11-22-2021 by Ord. No. 2021-305]

This section supersedes any ordinance in effect in flood hazard areas. However, this section is not intended to repeal or abrogate any existing ordinances, including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between this section and any other ordinance, code, or regulation, the more restrictive shall govern.

§ 10-5.2 Applicability.

§ 10-5.2.1 General.

[Added 11-22-2021 by Ord. No. 2021-305]

This section, in conjunction with the Uniform Construction Code, provides minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.

§ 10-5.2.2 Establishment of Flood Hazard Areas.

[Added 11-22-2021 by Ord. No. 2021-305]

The Borough of Union Beach was accepted for participation in the National Flood Insurance Program on May 15, 1980. The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all federal, state, and local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA Special Flood Hazard Area. Maps and studies that establish flood hazard areas are on file at the Union Beach Borough Hall, 650 Poole Avenue, Union Beach, NJ 07735. The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the best available flood hazard data area:

a. Effective Flood Insurance Study. Special flood hazard areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled Flood Insurance Study, Monmouth County, New Jersey, dated September 25, 2009, and the accompanying Flood Insurance Rate Maps (FIRMs) identified in Table 10-5.2.2(1), whose effective date is September 25, 2009, are hereby adopted by reference.

Table 10-5.2.2(1)
Map Panel No.	Effective Date	Revision Letter	Map Panel No.	Effective Date	Revision Letter
34025CIND1B	June 20, 2018
34025CIND2B	June 20, 2018
34025C0029F	Sept. 25, 2009
34025C0033F	Sept. 25, 2009
34025C0034F	Sept. 25, 2009
34025C0041F	Sept. 25, 2009

b. Federal Best Available Information. Borough of Union Beach shall utilize federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM). Additional federal best available studies issued after the date of this section must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.

Table 10-5.2.2(2)
Map Panel No.	Preliminary Date	Map Panel No.	Preliminary Date
34025C0033G	Jan. 30, 2015
34025CIND1C	Jan. 30, 2015
34025CIND2C	Jan. 30, 2015
34025C0029G	Jan. 30, 2015
34025C0034G	Jan. 30, 2015
34025C0041G	Jan. 30, 2015

§ 10-5.2.3 Establishing the Local Design Flood Elevation (LDFE).

[Added 11-22-2021 by Ord. No. 2021-305]

The local design flood elevation (LDFE) is established in the flood hazard areas determined in Subsection 10-5.2.2, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act[1] minimum statewide elevation requirements for lowest floors in A, Coastal A, and V Zones, ASCE 24 requirements for critical facilities as specified by the Building Code, plus additional freeboard as specified by this section.

a. At a minimum, the local design flood elevation shall be as follows:

1. For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in Subsection 10-5.2.2, above, plus three feet or as described by N.J.A.C. 7:13, whichever is greater, of freeboard; or

2. For any undelineated watercourse [where mapping or studies described in Table 10-5.2.2(1) and Table 10-5.2.2(2), above, are not available] that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the local design flood elevation:

(a) A copy of an unexpired NJDEP flood hazard area verification plus three feet of freeboard to comply with this section; or

(b) A determination of the flood hazard area design flood elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13), which includes three feet of freeboard and is sealed and submitted according to Subsection 10-5.5.2.

3. AO Zones. For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the local design flood elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus three feet of freeboard. If no depth number is specified, the local design flood elevation is three feet above the highest adjacent grade.

4. Other best available data. The Borough of Union Beach designates the areas which are designated as a Coastal A Zone seaward of the LiMWA line on FEMA mapping and AO within the township boundaries as a flood hazard protection area (FHPA) after considering the most restrictive of the effective Flood Insurance Study and other federal best available information described in Subsection 10-5.2.2. This FHPA is designated because of the erodibility of the underlying soil characteristics and the vulnerability of structures in these areas to erosion and scour if dunes and/or flood protection infrastructure seaward of these areas are breached.

5. Class IV Critical Facilities. For any proposed development of new and substantially improved Flood Design Class IV Critical Facilities, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional three feet of freeboard, whichever is greater, in accordance with ASCE 24.

6. Class III Critical Facilities. For proposed development of new and substantially improved Flood Design Class III Critical Facilities in coastal high hazard areas, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional three feet of freeboard, whichever is greater, in accordance with ASCE 24.

[1] Editor's Note: See N.J.S.A. 58:16A-50 et seq.

§ 10-5.3 Duties and Powers of the Floodplain Administrator.

§ 10-5.3.1 Floodplain Administrator Designation.

[Added 11-22-2021 by Ord. No. 2021-305]

The Zoning Administrator is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.

§ 10-5.3.2 General.

[Added 11-22-2021 by Ord. No. 2021-305]

The Floodplain Administrator is authorized and directed to administer the provisions of this section. The Floodplain Administrator shall have the authority to render interpretations of this section consistent with the intent and purpose of this section and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of this section and the flood provisions of the Building Code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Subsection 10-5.7 of this section.

§ 10-5.3.3 Coordination.

[Added 11-22-2021 by Ord. No. 2021-305]

The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.

§ 10-5.3.4 Duties.

[Added 11-22-2021 by Ord. No. 2021-305]

The duties of the Floodplain Administrator shall include but are not limited to:

a. Review all permit applications to determine whether proposed development is in flood hazard areas established in Subsection 10-5.2 of this section.

b. Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.

c. Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.

d. Determine whether additional flood hazard data shall be obtained or developed.

e. Review required certifications and documentation specified by this section and the Building Code to determine that such certifications and documentations are complete.

f. Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Subsection 10-5.3.15 of this section.

g. Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.

h. Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood-resistant construction requirements of the Uniform Construction Code to determine whether such requests require consideration as a variance pursuant to Subsection 10-5.7 of this section.

i. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.

j. Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).

k. Inspect development in accordance with Subsection 10-5.6 of this section and inspect flood hazard areas to determine if development is undertaken without issuance of permits.

l. Prepare comments and recommendations for consideration when applicants seek variances in accordance with Subsection 10-5.7 of this section.

m. Cite violations in accordance with Subsection 10-5.8 of this section.

n. Notify the Federal Emergency Management Agency when the corporate boundaries of the Borough of Union Beach have been modified.

o. Permit ordinary maintenance and minor work in the regulated areas discussed in Subsection 10-5.2.2.

§ 10-5.3.5 Use of Changed Technical Data.

[Added 11-22-2021 by Ord. No. 2021-305]

The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the state pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.

§ 10-5.3.6 Other Permits.

[Added 11-22-2021 by Ord. No. 2021-305]

It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by federal or state agencies having jurisdiction over such development, including Section 404 of the Clean Water Act.[1] In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.

[1] Editor's Note: See 33 U.S.C. § 1344.

§ 10-5.3.7 Determination of Local Design Flood Elevations.

[Added 11-22-2021 by Ord. No. 2021-305]

a. If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:

1. Obtain, review, and reasonably utilize data available from a federal, state, or other source; or

2. Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.

b. It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed Best Available Flood Hazard Data Area and the local design flood elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in Subsections 10-5.2.2 and 10-5.2.3, respectively. This information shall be provided to the Construction Official and documented according to Subsection 10-5.3.13.

§ 10-5.3.7A Requirement to Submit New Technical Data.

[Added 11-22-2021 by Ord. No. 2021-305]

Base flood elevations may increase or decrease resulting from natural changes (e.g., erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g., dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 Code of Federal Regulations § 65.3. Such a submission is necessary so that, upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

§ 10-5.3.8 Activities in Riverine Flood Hazard Areas.

[Added 11-22-2021 by Ord. No. 2021-305]

In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 foot at any point within the community.

§ 10-5.3.9 Floodway Encroachment.

[Added 11-22-2021 by Ord. No. 2021-305]

Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land-disturbing activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.

§ 10-5.3.10 Floodway Revisions.

[Added 11-22-2021 by Ord. No. 2021-305]

A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.

§ 10-5.3.11 Watercourse Alteration.

[Added 11-22-2021 by Ord. No. 2021-305]

Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.

§ 10-5.3.12 Engineering Analysis.

[Added 11-22-2021 by Ord. No. 2021-305]

The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.

§ 10-5.3.13 Alterations in Coastal Areas.

[Added 11-22-2021 by Ord. No. 2021-305]

The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.

§ 10-5.3.14 Development in Riparian Zones.

[Added 11-22-2021 by Ord. No. 2021-305]

All development in riparian zones as described in N.J.A.C. 7:13 is prohibited by this section unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other floodplain development provisions of this section. The width of the riparian zone can range between 50 feet and 300 feet and is determined by the attributes of the water body and designated in the New Jersey Surface Water Quality Standards, N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine state permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.

§ 10-5.3.15 Substantial Improvement and Substantial Damage Determinations.

[Added 11-22-2021 by Ord. No. 2021-305]

When buildings and structures are damaged due to any cause, including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23, and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:

a. Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

b. Determine and include the costs of all ordinary maintenance and minor work, as discussed in Subsection 10-5.2.2, performed in the floodplain regulated by this section in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.

c. Compare the cost to perform the improvement, the cost to repair the damaged building to its predamaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.

d. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage. This determination requires the evaluation of previous permits issued for improvements and repairs over a period of three years prior to the permit application or substantial damage determination as specified in the definition of substantial improvement.

e. Notify the applicant, in writing, when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood-resistant construction requirements of the Building Code is required and notify the applicant, in writing, when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood resistant construction requirements of the Building Code to the NJDEP Bureau of Flood Engineering.

§ 10-5.3.16 Department Records.

[Added 11-22-2021 by Ord. No. 2021-305]

In addition to the requirements of the Building Code and this section, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this section and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and this section, including as-built elevation certificates; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the flood-carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this section and the flood-resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the local design flood elevation in the floodplain development permit.

§ 10-5.3.17 Liability.

[Added 11-22-2021 by Ord. No. 2021-305]

The Floodplain Administrator and any employee charged with the enforcement of this section, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this section or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this section shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this section.

§ 10-5.4 Permits.

§ 10-5.4.1 Permits Required.

[Added 11-22-2021 by Ord. No. 2021-305]

Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

§ 10-5.4.2 Application for Permit.

[Added 11-22-2021 by Ord. No. 2021-305]

The applicant shall file an application, in writing, on a form furnished by the Floodplain Administrator. Such application shall:

a. Identify and describe the development to be covered by the permit.

b. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.

c. Indicate the use and occupancy for which the proposed development is intended.

d. Be accompanied by a site plan and construction documents as specified in Subsection 10-5.5 of this section, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.

e. State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.

f. Be signed by the applicant or the applicant's authorized agent.

§ 10-5.4.3 Validity of Permit.

[Added 11-22-2021 by Ord. No. 2021-305]

The issuance of a permit under this section or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of this section or other ordinances of this jurisdiction.

§ 10-5.4.4 Expiration.

[Added 11-22-2021 by Ord. No. 2021-305]

A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.

§ 10-5.4.5 Suspension or Revocation.

[Added 11-22-2021 by Ord. No. 2021-305]

The Floodplain Administrator is authorized to suspend or revoke a permit issued under this section wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.

§ 10-5.5 Site Plans and Construction Documents.

§ 10-5.5.1 Information for Development in Flood Hazard Areas.

[Added 11-22-2021 by Ord. No. 2021-305]

a. The site plan or construction documents for any development subject to the requirements of this section shall be drawn to scale and shall include, as applicable to the proposed development:

1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.

2. Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Subsection 10-5.5.2.

3. Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Subsection 10-5.5.2a3 of this section.

4. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A Zones, new buildings shall be located landward of the reach of mean high tide.

5. Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.

7. Extent of any proposed alteration of sand dunes.

8. Existing and proposed alignment of any proposed alteration of a watercourse.

9. Floodproofing certifications, V Zone and breakaway wall certifications, operations and maintenance plans, warning and evacuation plans and other documentation required pursuant to FEMA publications.

b. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this section but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.

§ 10-5.5.2 Information in Flood Hazard Areas Without Base Flood Elevations (Approximate Zone A).

[Added 11-22-2021 by Ord. No. 2021-305]

a. Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:

1. Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.

2. Obtain, review, and reasonably utilize data available from a federal, state or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.

3. Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.

b. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a letter of map change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.

§ 10-5.5.3 Analyses and Certifications by a Licensed Professional Engineer.

[Added 11-22-2021 by Ord. No. 2021-305]

As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:

a. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Subsection 10-5.5.4 of this section and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.

b. For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments will not increase the base flood elevation more than 0.2 foot at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.

c. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Subsection 10-5.5.4 of this section. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.

d. For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone management permit under N.J.A.C. 7:7.

e. For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A Zones).

§ 10-5.5.4 Submission of Additional Data.

[Added 11-22-2021 by Ord. No. 2021-305]

When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

§ 10-5.6 Inspections.

§ 10-5.6.1 General.

[Added 11-22-2021 by Ord. No. 2021-305]

Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this section or the Building Code. Inspections presuming to give authority to violate or cancel the provisions of this section or the Building Code or other ordinances shall not be valid.

§ 10-5.6.2 Inspections of Development.

[Added 11-22-2021 by Ord. No. 2021-305]

The Floodplain Administrator in consultation with the Construction Official shall inspect all development in flood hazard areas authorized by issuance of permits under this section. The Floodplain Administrator in consultation with the Code Enforcement Officer shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.

§ 10-5.6.3 Buildings and Structures.

[Added 11-22-2021 by Ord. No. 2021-305]

The Construction Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.

a. Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Subsection 10-5.15.2a3 shall be submitted to the Construction Official on an elevation certificate.

b. Lowest horizontal structural member. In V Zones and Coastal A Zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Subsection 10-5.15.2b shall be submitted to the Construction Official on an elevation certificate.

c. Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in Subsection 10-5.15.2a3.

d. Final inspection. Prior to the final inspection, certification of the elevation required in § 10-5.15.2b4 shall be submitted to the Construction Official on an Elevation Certificate.

§ 10-5.6.4 Manufactured Homes.

[Added 11-22-2021 by Ord. No. 2021-305]

The Floodplain Administrator in consultation with Construction Official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this section and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an elevation certificate to the Floodplain Administrator prior to the final inspection.

§ 10-5.7 Variances.

§ 10-5.7.1 General.

[Added 11-22-2021 by Ord. No. 2021-305]

The Borough of Union Beach Planning Board (UBPB) shall hear and decide requests for variances. The UBPB shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Subsection 10-5.7.5, the conditions of issuance set forth in Subsection 10-5.7.6, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The UBPB has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of this section.

§ 10-5.7.2 Historic Structures.

[Added 11-22-2021 by Ord. No. 2021-305]

A variance to the substantial improvement requirements of this section is authorized, provided that the repair or rehabilitation of an historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as an historic structure, the structure meets the definition of the historic structure as described by this section, and the variance is the minimum necessary to preserve the historic character and design of the structure.

§ 10-5.7.3 Functionally Dependent Uses.

[Added 11-22-2021 by Ord. No. 2021-305]

A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.

§ 10-5.7.4 Restrictions in Floodways.

[Added 11-22-2021 by Ord. No. 2021-305]

A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in Subsection 10-5.3(1) of this section.

§ 10-5.7.5 Considerations.

[Added 11-22-2021 by Ord. No. 2021-305]

In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of this section, and the following shall be considered:

a. The danger that materials and debris may be swept onto other lands resulting in further injury or damage.

b. The danger to life and property due to flooding or erosion damage.

c. The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.

d. The importance of the services provided by the proposed development to the community.

e. The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.

f. The compatibility of the proposed development with existing and anticipated development.

g. The relationship of the proposed development to the Comprehensive Plan and floodplain management program for that area.

h. The safety of access to the property in times of flood for ordinary and emergency vehicles.

i. The expected heights, velocities, durations, rates of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.

j. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.

§ 10-5.7.6 Conditions for Issuance.

[Added 11-22-2021 by Ord. No. 2021-305]

Variances shall only be issued upon:

a. Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this section or renders the elevation standards of the Building Code inappropriate.

b. A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.

c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

d. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

e. Notification to the applicant, in writing, over the signature of the Floodplain Administrator, that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.

§ 10-5.8 Violations.

§ 10-5.8.1 Violations.

[Added 11-22-2021 by Ord. No. 2021-305]

Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V Zone or Coastal A Zone, other required design certifications, or other evidence of compliance required by the Building Code is presumed to be a violation until such time as that documentation is provided.

§ 10-5.8.2 Authority.

[Added 11-22-2021 by Ord. No. 2021-305]

The Floodplain Administrator in consultation with the Construction Official is authorized to serve notices of violation or stop-work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code but is regulated by this section and that is determined to be a violation.

§ 10-5.8.3 Unlawful Continuance.

[Added 11-22-2021 by Ord. No. 2021-305]

Any person who shall continue any work after having been served with a notice of violation or a stop-work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.

§ 10-5.8.4 Review Period to Correct Violations.

[Added 11-22-2021 by Ord. No. 2021-305]

A thirty-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before Borough of Union Beach Municipal Court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 under N.J.S.A. 40:49-5 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

§ 10-5.9 Definitions.

[Added 11-22-2021 by Ord. No. 2021-305]

§ 10-5.9.1 General.

[Added 11-22-2021 by Ord. No. 2021-305]

The following words and terms shall, for the purposes of this section, have the meanings shown herein. Other terms are defined in the Uniform Construction Code, N.J.A.C. 5:23, and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.

§ 10-5.9.2 Definitions.

[Added 11-22-2021 by Ord. No. 2021-305]

As used in this section, the following terms shall have the meanings indicated:

100-YEAR-FLOOD ELEVATION

Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year, which is also referred to as the "base flood elevation."

500-YEAR FLOOD ELEVATION

Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.

A ZONES

Areas of special flood hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the base flood elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) Zones A, AE, AH, A1- A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in reference to the development of a structure in this section, A Zones are not inclusive of Coastal A Zones because of the higher Building Code requirements for Coastal A Zones.

ACCESSORY STRUCTURE

Accessory structures are also referred to as "appurtenant structures." An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.

AGRICULTURAL STRUCTURE

A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the base flood elevation (BFE) as any other nonresidential building. Under some circumstances it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).

AH ZONES

Areas subject to inundation by 1% annual chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.

ALTERATION OF A WATERCOURSE

A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

AO ZONES

Areas subject to inundation by 1% annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.

AREA OF SHALLOW FLOODING

A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD

See "special flood hazard area."

ASCE 24

The standard for flood-resistant design and construction, referenced by the Building Code and developed and published by the American Society of Civil Engineers, Reston, VA. References to "ASCE 24" shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code (N.J.A.C. 5:23).

ASCE 7

The standard for the minimum design loads for buildings and other structures, referenced by the Building Code and developed and published by the American Society of Civil Engineers, Reston, VA., which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads including those from natural hazards. Flood-related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.

BASE FLOOD ELEVATION (BFE)

The water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation."

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BEST AVAILABLE FLOOD HAZARD DATA

The most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA AREA

The areal mapped extent associated with the most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA ELEVATION

The most recent available preliminary flood elevation guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BREAKAWAY WALLS

Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the local design flood elevation, it will collapse under specific lateral loads such that 1) it allows the free passage of floodwaters, and 2) it does not damage the structure or supporting foundation system. Certification in the V Zone certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.

BUILDING

Per the FHACA, "building" means a structure enclosed with exterior walls or fire walls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.

COASTAL A ZONE

An area of special flood hazard starting from a Velocity (V) Zone and extending up to the landward Limit Of The Moderate Wave Action delineation. Where no V Zone is mapped, the Coastal A Zone is the portion between the open coast and the landward Limit of the Moderate Wave Action delineation. Coastal A Zones may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces. Construction and development in Coastal A Zones is to be regulated similarly to V Zones/Coastal High Hazard Areas, except as allowed by ASCE 24.

COASTAL HIGH HAZARD AREA

An area of special flood hazard inclusive of the V Zone extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.

CONDITIONAL LETTER OF MAP REVISION

A conditional letter of map revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the letter of map change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CONDITIONAL LETTER OF MAP REVISION - FILL

A conditional letter of map revision - fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the letter of map change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CRITICAL BUILDING

Per the FHACA, "critical building" means that:

a. It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or

b. It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day-care center, assisted living facility, or nursing home.

DEEP FOUNDATIONS

Per ASCE 24, "deep foundations" refers to those foundations constructed on erodible soils in Coastal High Hazard and Coastal A Zones which are founded on piles, drilled shafts, caissons, or other types of deep foundations and are designed to resist erosion and scour and support lateral and vertical loads as described in ASCE 7. Deep foundations are also required by this section through the adoption of a flood hazard protection area under the process described in ASCE 24-14-1.3.2. Foundations shall extend to 10 feet below mean water level (MWL) unless the design demonstrates that pile penetration will provide sufficient depth and stability as determined by ASCE 24, ASCE 7, and additional geotechnical investigations if any unexpected conditions are encountered during construction.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.

DRY FLOODPROOFING

A combination of measures that results in a nonresidential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.

ELEVATED BUILDING

A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.

ELEVATION CERTIFICATE

An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).

ENCROACHMENT

The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area, which may impede or alter the flow capacity of riverine flood hazard areas.

FEMA PUBLICATIONS

Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents including ASCE 24.

FLOOD HAZARD AREA DESIGN FLOOD ELEVATION

Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the state, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A Zone to a V Zone or Coastal A Zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act[1] rules at N.J.A.C. 7:13-3.1 through 7:13-3.6 and is typically higher than FEMA’s base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.

FLOOD HAZARD PROTECTION AREA (FHPA)

An area requiring higher construction standards because of the erodibility of the underlying soil characteristics and the vulnerability of structures in these areas to erosion and scour if dunes and/or flood protection infrastructure seaward of these areas are breached. These areas are established pursuant to ASCE 24-14-1.3.2 and the commentary discussed in these standards in C4.1.1, an analysis of underlying soil characteristics, and an evaluation of existing natural and man-made flood protection infrastructure. A predicted sea level rise of two feet by 2050 will adversely affect construction in areas subject to erosion as storm surges and wave velocities affect more structures further inland from the current shoreline. The increased foundation costs for constructing to higher standards in these areas will be offset by lower flood damages and mitigation costs over the expected life of the structure. These areas are legally established through the Flood Damage Prevention Ordinance adoption process and described in the ordinance. These areas will also be established through the master plan adoption process for consideration by the Planning Board prior to board approval of new development projects.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

FLOOD or FLOODING

a. A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters.

2. The unusual and rapid accumulation or runoff of surface waters from any source.

3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Subsection a2 of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

b. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection a1 of this definition.

FLOODPLAIN MANAGEMENT REGULATIONS

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPLAIN or FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source. See "flood or flooding."

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

FLOODPROOFING CERTIFICATE

Certification by a licensed design professional that the design and methods of construction for floodproofing a nonresidential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the local design flood elevation. A completed floodproofing certificate is required at permit application.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

FREEBOARD

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE

A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.

HABITABLE BUILDING

Pursuant to the FHACA rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multi-residence building, or critical building; a commercial building, such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a nonhabitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals, such as a doghouse or outdoor kennel.

HARDSHIP

As related to Subsection 10-5.7 of this section, means the exceptional hardship that would result from a failure to grant the requested variance. The Borough of Union Beach governing body requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1. By an approved state program as determined by the Secretary of the Interior; or

2. Directly by the Secretary of the Interior in states without approved programs.

LAWFULLY EXISTING

Per the FHACA, means an existing fill, structure and/or use, which meets all federal, state, and local laws, and which is not in violation of the FHACA because it was established:

a. Prior to January 31, 1980; or

b. On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.

NOTE: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in this section to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA.

LETTER OF MAP AMENDMENT

A letter of map amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) Map that is requested through the letter of map change (LOMC) process. A LOMA establishes a property's location in relation to the special flood hazard area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.

LETTER OF MAP CHANGE

The letter of map change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an area of special flood hazard on a Flood Insurance Rate Map (FIRM). Conditional letters of map revision, conditional letters of map revision - fill, letters of map revision, letters of map revision-fill, and letters of map amendment are requested through the letter of map change (LOMC) process.

LETTER OF MAP REVISION

A letter of map revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letter of map revisions are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.

LETTER OF MAP REVISION - FILL

A letter of map revision based on fill (LOMR-F) is FEMA's modification of the special flood hazard area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be initiated through the letter of map change (LOMC) process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.

LICENSED DESIGN PROFESSIONAL

Either a New Jersey licensed professional engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors, or a New Jersey licensed architect, licensed by the New Jersey State Board of Architects.

LICENSED PROFESSIONAL ENGINEER

Individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.

LIMIT OF MODERATE WAVE ACTION (LiMWA)

Inland limit of the area affected by waves greater than 1.5 feet during the base flood. Base flood conditions between the VE Zone and the LiMWA will be similar to, but less severe than, those in the VE Zone.

LOCAL DESIGN FLOOD ELEVATION (LDFE)

The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM, which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act[2] and Uniform Construction Codes and any additional freeboard specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified flood hazard area design flood elevation or a valid NJDEP flood hazard area verification letter plus the freeboard as required in ASCE 24 and the effective FEMA base flood elevation.

LOWEST ADJACENT GRADE

The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones where it is the natural grade elevation.

LOWEST FLOOR

In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and Coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements of this section.

LOWEST HORIZONTAL STRUCTURAL MEMBER

In an elevated building in a Coastal A or Coastal High Hazard Zone, the lowest beam, joist, or other horizontal member that supports the building is the lowest horizontal structural member. Grade beams installed to support vertical foundation members where they enter the ground are not considered lowest horizontal members.

MANUFACTURED HOME

A structure that is transportable in one or more sections, eight feet or more in width and greater than 400 square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the federal manufactured home construction and safety standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MARKET VALUE

The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this section, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods: 1) actual cash value (replacement cost depreciated for age and quality of construction); 2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser; or 3) established by a qualified independent appraiser.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.

NONRESIDENTIAL

Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.

ORDINARY MAINTENANCE AND MINOR WORK

This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018, New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air-conditioning equipment, exhaust fans, built-in appliances, electrical wiring, etc., improvements necessary to correct existing violations of state or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.

RECREATIONAL VEHICLE

A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.

RESIDENTIAL

Pursuant to the ASCE 24:

a. Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or nontransient basis;

b. Structures including but not limited to one- and two-family dwellings, townhouses, condominiums, multifamily dwellings, apartments, congregate residences, boardinghouses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and

c. Institutional facilities where people are cared for or live on a twenty-four-hour basis in a supervised environment, including but not limited to board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.

SOLID WASTE DISPOSAL

The storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than six months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

SPECIAL FLOOD HAZARD AREA

The greater of the following: 1) land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-30, AE, A99, or AH; 2) land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act[3] in N.J.A.C. 7:13; 3) riparian buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the "area of special flood hazard."

START OF CONSTRUCTION

The start of construction is as follows:

a. For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA), this is the date the building permit was issued, provided that the actual start of construction, repair, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

b. For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and base flood elevations (BFEs) increase or zones change, the start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.

NOTE: Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised, and base flood elevations (BFEs) increase or zones change.

c. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

d. For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.

STRUCTURE

A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any combination of reconstruction, rehabilitation, addition, or other improvement, including those considered ordinary maintenance and minor work, of a structure taking place over a three-year period, the cumulative cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. The period of accumulation includes the first improvement or repair of each structure that is permanent subsequent to the date of the permit application or substantial damage determination. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

a. Any project for improvement of a structure to correct existing violations of state or local Health, Sanitary or Safety Code specifications which have been identified by the local Code Enforcement Officer and which are the minimum necessary to assure safe living conditions; or

b. Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an historic structure.

THIRTY-DAY PERIOD

The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal violations after a notice of violation pertaining to this section has been issued.

UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES

Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.

V ZONE CERTIFICATE

A certificate that contains a certification signed by a licensed design professional certifying that the designs, plans, and specifications and the methods of construction in V Zones and Coastal A Zones are in accordance with accepted standards of practice. This certificate also includes an optional breakaway wall design certification for enclosures in these zones below the best available flood hazard data elevation. A completed certification is required at permit application.

V ZONES

Areas of special flood hazard in which the elevation of the surface water resulting from a flood has a 1% annual chance of equaling or exceeding the base flood elevation in any given year; shown on the Flood Insurance Rate Map (FIRM) as Zones V1-V30 and VE and is referred to as the "coastal high hazard area."

VARIANCE

A grant of relief from the requirements of this section, which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.

VIOLATION

A development that is not fully compliant with this section or the flood provisions of the Building Code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION

The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

WATERCOURSE

A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.

WET FLOODPROOFING

Floodproofing method that relies on the use of flood damage resistant materials and construction techniques in areas of a structure that are below the local design flood elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and nonresidential structures and to accessory and agricultural structures that have been issued variances by the community.

[1] Editor's Note: See N.J.S.A. 58:16A-50 et seq.

[2] Editor's Note: See N.J.S.A. 58:16A-50 et seq.

[3] Editor's Note: See N.J.S.A. 58:16A-50 et seq.

§ 10-5.10 Subdivisions and Other Developments.

§ 10-5.10.1 General.

[Added 11-22-2021 by Ord. No. 2021-305]

Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:

a. All such proposals are consistent with the need to minimize flood damage.

b. All public utilities and facilities, such as sewer, gas, electric and water systems are located and constructed to minimize or eliminate flood damage.

c. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.

§ 10-5.10.2 Subdivision Requirements.

[Added 11-22-2021 by Ord. No. 2021-305]

Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

a. The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.

b. Residential building lots shall be provided with adequate buildable area outside the floodway.

c. The design criteria for utilities and facilities set forth in this section and appropriate codes shall be met.

§ 10-5.11 Site Improvement.

§ 10-5.11.1 Encroachment in Floodways.

[Added 11-22-2021 by Ord. No. 2021-305]

Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with Subsection 10-5.5.3 of this section, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If Subsection 10-5.5.3 is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Subsection 10-5.15.2 of this section and the floodway requirements of N.J.A.C. 7:13.

§ 10-5.11.2 Prohibited in Floodways.

[Added 11-22-2021 by Ord. No. 2021-305]

The following are prohibited activities:

a. The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C. 7:13.

b. Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.

§ 10-5.11.3 Coastal High Hazard Areas (V Zones) and Coastal A Zones.

[Added 11-22-2021 by Ord. No. 2021-305]

In Coastal High Hazard Areas and Coastal A Zones:

a. New buildings shall only be authorized landward of the reach of mean high tide.

b. The placement of manufactured homes shall be prohibited except in an existing manufactured home park or subdivision.

c. Basements or enclosures that are below grade on all sides are prohibited.

d. The use of fill for structural support of buildings is prohibited.

§ 10-5.11.4 Sewer Facilities.

[Added 11-22-2021 by Ord. No. 2021-305]

All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into floodwaters, or impairment of the facilities and systems.

§ 10-5.11.5 Water Facilities.

[Added 11-22-2021 by Ord. No. 2021-305]

All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act[1] (N.J.A.C. 7:10) and the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.

[1] Editor's Note: See N.J.S.A. 48:12A-1 et seq.

§ 10-5.11.6 Storm Drainage.

[Added 11-22-2021 by Ord. No. 2021-305]

Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.

§ 10-5.11.7 Streets and Sidewalks.

[Added 11-22-2021 by Ord. No. 2021-305]

Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.

§ 10-5.11.8 Limitations on Placement of Fill.

[Added 11-22-2021 by Ord. No. 2021-305]

Subject to the limitations of this section, fill shall be designed to be stable under conditions of flooding, including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.

§ 10-5.11.9 Limitations on Sites in Coastal High Hazard Areas (V Zones) and Coastal A Zones.

[Added 11-22-2021 by Ord. No. 2021-305]

In coastal high hazard areas and Coastal A Zones, alteration of sand dunes shall be permitted only when the engineering analysis required by Subsection 10-5.5.3d of this section demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Subsection 10-5.15.8(3) of this section and as permitted under the NJ coastal zone management rules (N.J.A.C. 7:7).

§ 10-5.11.10 Hazardous Materials.

[Added 11-22-2021 by Ord. No. 2021-305]

The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13, which cover the placement of hazardous substances and solid waste, is met.

§ 10-5.12 Manufactured Homes.

§ 10-5.12.1 General.

[Added 11-22-2021 by Ord. No. 2021-305]

All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).

§ 10-5.12.2 Elevation.

[Added 11-22-2021 by Ord. No. 2021-305]

All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in Subsection 10-5.15.2.

§ 10-5.12.3 Foundations.

[Added 11-22-2021 by Ord. No. 2021-305]

All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on permanent, reinforced foundations that are designed in accordance with Section R322 of the Residential Code.

§ 10-5.12.4 Anchoring.

[Added 11-22-2021 by Ord. No. 2021-305]

All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

§ 10-5.12.5 Enclosures.

[Added 11-22-2021 by Ord. No. 2021-305]

Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Subsection 10-5.15.2.

§ 10-5.12.6 Protection of Mechanical Equipment and Outside Appliances.

[Added 11-22-2021 by Ord. No. 2021-305]

a. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Subsection 10-5.15.2 of this section.

b. Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Subsection 10-5.15.2, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

§ 10-5.13 Recreational Vehicles.

§ 10-5.13.1 Placement Prohibited.

[Added 11-22-2021 by Ord. No. 2021-305]

The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.

§ 10-5.13.2 Temporary Placement.

[Added 11-22-2021 by Ord. No. 2021-305]

Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.

§ 10-5.13.3 Permanent Placement.

[Added 11-22-2021 by Ord. No. 2021-305]

Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days shall meet the requirements of Subsection 10-5.15.2 for habitable buildings.

§ 10-5.14 Tanks.

§ 10-5.14.1 Tanks.

[Added 11-22-2021 by Ord. No. 2021-305]

Underground and aboveground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.

§ 10-5.15 Other Development and Building Work.

§ 10-5.15.1 General Requirements for Other Development and Building Work.

[Added 11-22-2021 by Ord. No. 2021-305]

All development and building work, including man-made changes to improved or unimproved real estate, for which specific provisions are not specified in this section or the Uniform Construction Code (N.J.A.C. 5:23) shall:

a. Be located and constructed to minimize flood damage;

b. Meet the limitations of Subsection 10-5.5.3 of this section when located in a regulated floodway;

c. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the local design flood elevation determined according to Subsection 10-5.2.3;

d. Be constructed of flood damage resistant materials as described in ASCE 24, Chapter 5;

e. Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to Subsection 10-5.2.3 or meet the requirements of ASCE 24, Chapter 7, which requires that attendant utilities are located above the local design flood elevation unless the attendant utilities and equipment are:

1. Specifically allowed below the local design flood elevation; and

2. Designed, constructed, and installed to prevent floodwaters, including any backflow through the system from entering or accumulating within the components.

f. Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and

g. Not exceed the impacts to frequency or depth of off-site flooding as required by N.J.A.C. 7:13 in floodways.

§ 10-5.15.2 Requirements for Habitable Buildings and Structures.

[Added 11-22-2021 by Ord. No. 2021-305]

a. Construction and elevation in A Zones not including Coastal A Zones.

1. No portion of a building is located within a V Zone.

2. No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.

3. All new construction and substantial improvement of any habitable building (as defined in Subsection 10-5.9) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to the local design flood elevation plus three feet of freeboard as determined in Section 10-5.2.3, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.

4. All new construction and substantial improvements of nonresidential structures shall:

(a) Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to the local design flood elevation plus three feet of freeboard as determined in Section 10-5.2.3, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate; or

(b) Together with the attendant utility and sanitary facilities, be designed so that below the local design flood elevation the structure:

(1) Meets the requirements of ASCE 24 Chapters 2 and 7; and

(2) Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a floodproofing certificate, and is confirmed by an elevation certificate.

5. All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:

(a) For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawl spaces and basements) which are below grade on all sides are prohibited;

(b) Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is nonresidential and the requirements of 10-5.15.2a4 are met;

(c) Be constructed to meet the requirements of ASCE 24, Chapter 2;

(d) Have openings documented on an elevation certificate; and

(e) Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act[1] permit or prior to the start of any site disturbance (including preconstruction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:

(1) The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.

(2) The depth of flooding that the enclosure would experience to the flood hazard area design flood elevation;

(3) The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement.

[1] Editor's Note: See N.J.S.A. 58:16A-50 et seq.

b. Construction and elevation in V Zones, Coastal A Zones, and the flood hazard protection area.

1. All new construction and substantial improvements shall be constructed on piles, columns, or deep foundations according to structural designs, plans and specifications conforming with ASCE 24 Chapter 4 which are signed by a licensed design professional and certified by that individual in a V Zone Certificate.

2. All new construction and substantial improvement of any habitable building (as defined in Section 10-5.9) located in coastal high hazard areas shall have the lowest horizontal structural member, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to the local design flood elevation plus three feet of freeboard as determined in Section 10-5.2.3, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.

3. All new construction and substantial improvements of nonresidential structures shall:

(a) Have the lowest horizontal structural member, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to the local design flood elevation plus three feet of freeboard as determined in Section 10-5.2.3, be in conformance with ASCE 24 Chapter 7, and be confirmed by an elevation certificate; or

(b) Together with the attendant utility and sanitary facilities, be designed so that below the local design flood elevation, the structure:

(1) Meets the requirements of ASCE 24, Chapters 4 and 7; and

(2) Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a floodproofing certificate, and is confirmed by an elevation certificate.

4. All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. All breakaway walls shall be constructed according to structural designs, plans and specifications conforming with ASCE 24, Chapter 4, signed by a licensed design professional, and certified by that individual in a breakaway wall certificate.

5. All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:

(a) Be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawl spaces and basements) which are below grade on all sides are prohibited.

(b) Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters, unless the structure is nonresidential and the requirements of Subsection 10-5.15.2b3(b) are met;

(c) Be constructed to meet the requirements of ASCE 24, Chapter 4;

(d) Have openings documented on an elevation certificate and have breakaway wall construction documented on a breakaway wall certificate unless the requirements of Subsection 10-5.15.2b3(b) are met for a nonresidential structure; and

(e) Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act[2] permit or prior to the start of any site disturbance (including preconstruction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:

(1) The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience;

(2) The depth of flooding that the enclosure would experience to the flood hazard area design flood elevation;

(3) The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement.

[2] Editor's Note: See N.J.S.A. 58:16A-50 et seq.

§ 10-5.15.3 Garages and Accessory Storage Structures.

[Added 11-22-2021 by Ord. No. 2021-305]

Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.

§ 10-5.15.4 Fences.

[Added 11-22-2021 by Ord. No. 2021-305]

Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Subsection 10-5.5.3 of this section. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fences. A fence with little or no open area, such as a chain-link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Subsection 10-5.7 of this section.

§ 10-5.15.5 Retaining Walls, Sidewalks, and Driveways.

[Added 11-22-2021 by Ord. No. 2021-305]

Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Subsection 10-5.5.3a of this section and N.J.A.C. 7:13.

§ 10-5.15.6 Swimming Pools.

[Added 11-22-2021 by Ord. No. 2021-305]

Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Section 10-5.5.3a of this section. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.

§ 10-5.15.7 Roads and Watercourse Crossings.

[Added 11-22-2021 by Ord. No. 2021-305]

a. For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the flood hazard area design elevation in accordance with N.J.A.C. 7:13.

b. Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of Subsection 10-5.5.3a of this section.

§ 10-5.15.8 Other Development in Coastal High Hazard Areas (Zone V) and Coastal A Zones.

[Added 11-22-2021 by Ord. No. 2021-305]

In Coastal High Hazard Areas (V Zones) and Coastal A Zones, development activities other than buildings and structures shall be permitted only when also authorized by the appropriate federal, state or local authority; when located outside the footprint of, and not structurally attached to, buildings and structures; and when analyses prepared by a licensed professional engineer demonstrates no harmful diversion of floodwater or wave run-up and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include, but are not limited to:

a. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;

b. Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the base flood or otherwise function to avoid obstruction of floodwater; and

c. On-site filled or mound sewage systems.

§ 10-5.15.9 Nonstructural Fill in Coastal High Hazard Areas (Zone V) and Coastal A Zones.

[Added 11-22-2021 by Ord. No. 2021-305]

In coastal high hazard areas and Coastal A Zones:

a. Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings.

b. Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only when an analysis prepared by a licensed professional engineer demonstrates no harmful diversion of floodwater or wave run-up and wave reflection that would increase damage to adjacent buildings and structures.

c. Sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave run-up and wave reflection where the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building.

§ 10-5.16 Temporary Structures and Temporary Storage.

§ 10-5.16.1 Temporary Structures.

[Added 11-22-2021 by Ord. No. 2021-305]

Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of floodwaters.

§ 10-5.16.2 Temporary Storage.

[Added 11-22-2021 by Ord. No. 2021-305]

Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.

§ 10-5.16.3 Floodway Encroachment.

[Added 11-22-2021 by Ord. No. 2021-305]

Temporary structures and temporary storage in floodways shall meet the requirements of Subsection 10-5.5.3a of this section.

§ 10-5.17 Utility and Miscellaneous Group U.

§ 10-5.17.1 Utility and Miscellaneous Group U.

[Added 11-22-2021 by Ord. No. 2021-305]

In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 sq. ft.), fences more than six feet (1829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.

§ 10-5.17.2 Flood Loads.

[Added 11-22-2021 by Ord. No. 2021-305]

Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in Section 10-5.2.3.

§ 10-5.17.3 Elevation.

[Added 11-22-2021 by Ord. No. 2021-305]

Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in Subsection 10-5.2.3 and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.

§ 10-5.17.4 Enclosures Below Base Flood Elevation.

[Added 11-22-2021 by Ord. No. 2021-305]

Fully enclosed areas below the design flood elevation shall be constructed in accordance with Subsection 10-5.15.2 and with ASCE 24 for new construction and substantial improvements. Existing enclosures, such as a basement or crawl space, having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.

§ 10-5.17.5 Flood Damage Resistant Materials.

[Added 11-22-2021 by Ord. No. 2021-305]

Flood damage resistant materials shall be used below the local design flood elevation determined in Section 10-5.2.3.

§ 10-5.17.6 Protection of Mechanical, Plumbing, and Electrical Systems.

[Added 11-22-2021 by Ord. No. 2021-305]

a. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air-conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the local design flood elevation determined in Subsection 10-5.2.3.

b. Exception: Electrical systems, equipment and components, and heating, ventilating, air-conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the local design flood elevation, provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the local design flood elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the local design flood elevation, provided they conform to the provisions of NFPA 70 (National Electric Code).

§ 10-6 HOUSE NUMBERING SYSTEMS.

[Ord. #88; Ord. #2006-80]

§ 10-6.1 Proper Numbering Required.

The owner, occupant or occupants of each and every dwelling, house, store or other building which now fronts, or hereafter may front, upon any street or public places within the borough, shall cause the same to be properly numbered in accordance with the directions and requirements of this section.

§ 10-6.2 Height of Numbers; Location.

The figures used in numbering shall be at least 2 1/2 inches in height and placed conspicuously on the front of each dwelling, house, store, or other building.

§ 10-6.3 Boundaries Established.

For the purposes of this section, the Raritan Bay from East Point to West Keansburg Line shall be the northerly base or boundary and Locust Street as the westerly base or boundary between Front Street and Ninth Street to Stone Road the westerly boundary will be Chingarora Creek.

§ 10-6.4 System Established.

The numbering upon all streets and avenues intersection or if extended would intersect the southerly side of the street nearest to the northerly boundary the odd numbers shall be placed on the right hand side or the westerly side of said streets or avenues and the even numbers on the left hand side of the easterly side thereof and shall continue to the end. The numbering of houses upon all streets and avenues intersection or which if extended would intersect the easterly side of the street or avenue nearest the westerly boundary and all streets or avenues running easterly therefrom shall have the even numbers on the right side or the northerly side and shall so continue to the end.

§ 10-6.5 Tax Collector's Office to Supply Proper Street Number.

Any person desiring to place numbers upon their respective dwelling, stores, or other buildings or lots shall before so doing apply to the tax collector's office of the borough and obtain from him the proper number for his dwelling, store or other building or lot which number so to be given by the tax collector shall be the same as the number endorsed upon a map of the borough used for the enforcement of this section.

§ 10-6.6 Penalty.

Any person, firm or corporation violating any provision of this section shall upon conviction be liable to the penalty stated in Chapter 3, section 3-1.

§ 10-7 REMOVAL OF BRUSH, WEEDS, GARBAGE, TRASH AND DEBRIS, AND PROHIBITING LITTERING, DUMPING, ETC. [1]

[Ord. #335; Ord. #562; Ord. #609; Ord. #2006-80]

[1] Editor's Note: Regulations Concerning the Disposal of Garbage, Trash and Debris are also contained in Chapter 12; Streets and Sanitation, Section 12-5.

§ 10-7.1 Notice to Remove.

Whenever it shall appear necessary and expedient to the code enforcement officer of the borough, for the protection of the public health, safety, general welfare, or to eliminate a fire hazard, to remove from lands lying within the limits of the borough, brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, the code enforcement officer shall cause notice to be given to the owner, tenant, occupant or person in control of such lands and the owner, tenant, occupant or person in control shall within 10 days after notice, remove the same.

§ 10-7.2 Owner or Occupant Refuses to Comply.

In case the owner, tenant, occupant or person in control of any such lands shall refuse or neglect to remove the brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within 10 days after notice, and in the manner required by the code enforcement officer, the same shall be removed by or under the direction of the code enforcement officer of the borough or such officer of the borough as the mayor and borough council may designate.

§ 10-7.3 Costs of Removal to Become a Tax Lien.

In cases where the brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris are removed from any lands, by or under the direction of the code enforcement officer or such other officer as the mayor and council may designate, the code enforcement officer or such other officer shall certify the cost to the mayor and council, who shall examine the certificate and if found correct, shall cause the cost as shown to be charged against the lands. The amount so charged shall become a lien upon the lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.

§ 10-7.4 Littering, Dumping, Etc. Prohibited.

a. It shall be unlawful for any person to throw, drop, discard, or otherwise place litter of any nature upon any public or private property, other than a litter receptacle.

LITTER

Shall mean any used or unconsumed substance or waste material which has been discarded whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof including, but not limited to, any bottle, jar or can, or any top, cap, or detachable tab of any bottle, jar, or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.

b. Illegal Dumping. It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture, or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.

c. Use of Litter Receptacles. Litter receptacles and their servicing are required at the following public places which exist in the municipality, including: sidewalks used by pedestrians in active retail commercially zoned areas, such that a minimum there shall be no single linear quarter-mile without a receptacle: buildings held out for use by the public, including schools, government buildings, and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service stations islands; shopping centers; parking lots; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat launching areas; public and private piers operated for public use; beaches and bathing areas; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses, and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.

LITTER RECEPTACLE

Shall mean a container suitable for the depositing of litter.

d. Containerization of Sweepings. No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All litter sweepings shall be collected and properly containerized for disposal.

e. Open or Overflowing Waste Disposal Bins. It shall be unlawful for any residential or commercial property owner to permit open overflowing waste disposal bins on his or her property.

f. Uncovered Vehicles. It shall be unlawful for any vehicle to be driven, moved, stopped or parked, on any public roadway unless such a vehicle is constructed, covered or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any materials which constitute litter have fallen or escaped, which could cause an obstruction, damage a vehicle, or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all such materials and shall pay the costs therefor.

g. Construction Sites. 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 immediately following 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 non-flyable 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.

h. Commercial Establishments and Residences. It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind, and to keep sidewalks, areaways, backyards, courts and alleys free from litter.

i. Distribution of Handbills. It shall be unlawful for any person to place, to cause to be placed, or to hire another person to place any advertisement, handbill or unsolicited material of any kind in or on any street, sidewalk, building or vehicle within the community in such a manner that it may be removed by natural forces.

§ 10-7.5 Penalties.

For any and every violation of the provisions of this section, the owner, agent, tenant or contractor or other person having control of the building or premises where such violation has been committed or shall exist, and any other person who commits, takes part in, assists, allows or suffers such violation to exist, shall for each and every day that such a violation continues be subject to a fine not less than $100 nor more than $2,000 for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.

If the violation is of a provision of any housing, building or zoning code and the code enforcement bureau official or other code enforcement officer chooses to impose a fine in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

§ 10-8 BUILDINGS UNFIT FOR HUMAN HABITATION. [1]

[Ord. #2007-106]

[1] Editor's Note: Former section 10-8, BOCA Basic Fire Prevention Code, previously codified herein and containing portions of Ordinance No. 295, was repealed in its entirety by Ordinance No. 2007-105. See section 9-3 for the International Fire Code. 2006.

§ 10-8.1 Declaration of Existence of Buildings Unfit for Human Habitation or Occupancy.

It is hereby found and declared that the existence or occupation of any building or buildings, or parts thereof, in the Borough of Union Beach which are so old, dilapidated or have become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, or occupancy, or use, are inimical to the welfare and dangerous and injurious to the health and safety of the people of the Borough of Union Beach, and that a public necessity exists for the repair, closing or demolition of such building or buildings, or parts thereof. It is hereby found that there exists in the Borough of Union Beach such building or buildings which are unfit for human habitation or occupancy or use, due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, lack of sanitary facilities, or due to other conditions rendering such building or buildings, or part thereof, unsafe or unsanitary, or dangerous or detrimental to the safety or otherwise inimical to the welfare of the residents of the Borough of Union Beach, and as to which the Borough of Union Beach has the power pursuant to N.J.S. 40:48-2.3, et seq., to exercise its police powers to repair close or demolish, or cause or require the repairing, closing or demolition of such building or buildings, or part thereof, in the manner herein provided.

§ 10-8.2 Definitions.

The following terms whenever used or referred to in this section, shall have the following respective meanings for the purpose of this section, unless a different meaning clearly appears from the context:

a. PUBLIC OFFICER - Shall mean the officer who is authorized by this section to exercise the powers prescribed for him.

b. PUBLIC AUTHORITY - Shall mean any officer who is in charge of any department or branch of the government of the borough relating to health, fire, building regulations, or to other activities concerning buildings in the Borough of Union Beach, including the mayor and members of the council.

c. OWNER - Shall mean the holder or holders of the title in fee simple.

d. PARTIES IN INTEREST - Shall mean all individuals, associations or corporations who have interests of record in a building and any who are in actual possession thereof.

e. BUILDING - Shall mean any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any accessory buildings, structures or appurtenances belonging thereto or usually enjoyed therewith.

f. DWELLING UNIT - Shall mean a building or portion thereof providing living facilities for one or more persons.

§ 10-8.3 Public Officer.

The Public Officer shall be the Code Enforcement Officer of the Borough of Union Beach and he shall exercise the powers prescribed by this section.

§ 10-8.4 Complaints.

Whenever a petition is filed with the public officer by a public authority or by at least five residents of Union Beach charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the public officer (on his own motion) that any building is unfit for human habitation or occupancy or use, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a formal 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 therein fixed, not less than 10 days nor more than 30 days after the serving of said complaint and that 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 place and time fixed in the complaint, and that the rules of evidence prevailing in the courts shall not be controlling in hearings before the public officer.

§ 10-8.5 Standards of Building Maintenance.

The International Property Maintenance Code, 2006 edition, adopted in section 10-2 of this chapter, pursuant to N.J.S. 40:49-5.1, et seq., the International Fire Code, 2006 edition, adopted in Section 9-3 of Chapter 9, pursuant to N.J.S. 40:49-5.1, et seq., the Uniform Construction Code and the Uniform Fire Code established by the Department of Community Affairs of the State of New Jersey, shall provide the standards by which the public officer may determine that a building or structure is unfit for human habitation, occupancy or use.

§ 10-8.6 Initial Findings, Determination and Order.

If the public officer shall determine after such notice and hearing that the building under consideration is unfit for human habitation or occupancy or use, 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 thereof and the parties in interest, an order as follows:

a. Requiring the repair, alteration or improvement of the said building to be made by the owner, within a reasonable time, which time, shall be set forth in the order, or, at the option of the owner, to vacate or have the said building vacated and closed within the time set forth in the order; and

b. If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the said building within the time specified in the order, then the owner shall be required to remove or demolish the said building within a reasonable time as specified in the said order of removal.

§ 10-8.7 Declaration by Public Officer.

If the owner fails to comply with an order to repair, alter or improve, or at the option of the owner, to vacate and close the building, the public officer may cause such building to be repaired, altered or improved or to be vacated and closed provided that the public officer shall not incur any expense to repair, alter or improve any building without approval by resolution of the borough council. The public officer may cause to be posted on the main entrance of any building so closed a placard with the following words:

"This building is unfit for human habitation or occupancy or use: the use or occupation of this building is prohibited and unlawful."

§ 10-8.8 Removal or Demolition of Building by Borough.

If the owner fails to comply with an order to remove or demolish the building, the public officer may cause such building to be removed or demolished by borough employees, subject to approval by resolution of the borough council, or may contract for the removal or demolition thereof, subject to approval of such contract by the borough council, after advertisement for and receipt of bids thereof.

§ 10-8.9 Costs to be Lien on Property.

The amount of:

a. 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 section determined in favor of the borough, and

b. Such cost of such repairs, alterations or improvements, or vacating and closing, or removal and demolition, if any, or

c. 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 set forth in 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 shall be a municipal lien against the real property upon which such cost was incurred, and a copy thereof shall be forthwith forwarded to the owner by registered or certified mail.

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.

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, 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 costs 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 or certified mail. If the total of the credits exceeds such costs, 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: provided, however, that 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.

§ 10-8.10 Service of Complaints and Orders.

Complaints or orders issued by the public officer pursuant to this section shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons are 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 service of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the County of Monmouth and circulating in the Borough of Union Beach. 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 with the County Clerk of the County of Monmouth.

§ 10-8.11 Appeal of Orders.

Any person aggrieved by an order issued by the public officer pursuant to this section may within 30 days after the posting and serving of such order, avail himself of such remedies as are set forth in N.J.S. 40:48-2.8.

§ 10-8.12 Additional Powers of Public Officer.

The public officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including the following powers in addition to others herein granted:

a. To investigate the building conditions in the Borough of Union Beach 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 entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.

d. To designate and fix the duties of such officers, agents and employees as he deems necessary to assist him in carrying out the purposes of this section, subject to confirmation by resolution of the borough council.

e. To delegate any of his functions and powers under this section to such officers, agents and employees.

§ 10-8.13 Repealer and Saving Clause.

This section is adopted to incorporate and supersede former Ordinance No. 170 adopted April 26, 1962, which was inadvertently omitted from the codification of ordinances entitled "The Revised General Ordinances of the Borough of Union Beach, 1980." The former Ordinance No. 170 is hereby repealed. Nothing in this section or in the Property Maintenance Code adopted by the borough shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in this subsection; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.

§ 10-8.14 Correlation with "International Property Maintenance Code, 2006."

The adoption of the International Property Maintenance Code, 2006 edition, in section 10-2 of this chapter pursuant to N.J.S. 40:49-5.1. et seq., is intended to supplement and complement this section and prior Ordinance No. 170 and in the event of any inconsistency between alternative or corresponding provisions of this section and the International Property Maintenance Code the code enforcement officer may follow or apply either provision except that in the event of any clear conflict between the provisions of this section and the International Property Maintenance Code the provisions of this section shall control.

§ 10-8.15 Violations and Penalties.

Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $2,000 for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.

Each day that a violation continues after due notice has been served shall be deemed a separate offense.

If the violation is of a provision of any housing, building or zoning code and the code enforcement bureau official or other code enforcement officer chooses to impose a fine in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

§ 10-9 TAX EXEMPTION FROM THE FIRST $10,000 OF IMPROVEMENTS ON CERTAIN RESIDENTIAL PROPERTIES.

[Ord. #429]

§ 10-9.1 Requirements for Exemption.

Pursuant to N.J.S.A. 54: 4-3.73 et seq., the first $10,000 of the assessor's full and true value of home improvements for each dwelling unit primarily and directly affected by a home improvement in any dwelling located in the Borough of Union Beach, which is more than 20 years old, shall be exempt from added assessment for a period of five years from the date of the assessment for the year immediately following completion of the improvement.

§ 10-9.2 Notices.

The assessor shall obtain notices describing the exemption program from the department of community affairs, for distribution to the public and shall cause said notice to be included in the mailing of annual tax bills to each property owner in the Borough of Union Beach.

§ 10-9.3 Application for Exemption.

No exemption shall be granted except upon written application therefor filed with and approved by the assessor, and such application shall be filed with the assessor within 30 days, including Saturdays and Sundays, following the completion of the improvement.

§ 10-10 REGISTRATION OF ALL RENTAL PROPERTIES.

§ 10-10.1 Purpose.

[Ord. No. 2003-27; Ord. No. 2014-216]

The purpose of this section is to supplement the landlord registration requirement set forth in N.J.S.A. 46:8-28, et seq., to require landlords to provide additional information to the Code Enforcement Bureau, which information will facilitate the enforcement of this section and all other applicable statutes, codes and regulations and which will be filed and indexed in such a manner as to comply with this section and N.J.S.A. 46:8-28, et seq.

§ 10-10.2 Definitions.

[Ord. No. 2013-27; Ord. No. 2014-216]

As used in this section

AGENT

Shall mean the individual(s) designated by the owner as the person(s) authorized by the owner to perform any duty imposed upon the owner by this section. The term does not necessarily mean a licensed real estate broker or salesperson of the State of New Jersey. However, such term may include a licensed real estate broker or salesperson of the State of New Jersey if such person is designated by the owner as the owner's agent.

APARTMENT COMPLEX

Shall mean two or more buildings, each containing two or more apartments/condominiums/ townhouses which are located within close proximity of each other and are owned by the same owner.

APARTMENT OR DWELLING

Shall mean any apartment, condominium, townhouse, bungalow, cooperative, cottage, or any room or rooms in a rooming/boarding house or in any other building which shall be used as a residence, notwithstanding whether the room or one of the rooms is designed or used as an office, for the operation of any business or trade, or any other independent use.

ENFORCING AGENCY

Shall mean all officials of the Code Enforcement Bureau, the Construction Official, the Subcode Officials, the Fire Protection Inspector, the Code Enforcement Officer, Property Maintenance Officer, Zoning Officer, regular or special police officers, and all other officials or officers designated by the Borough Council to enforce the provisions of this section.

INSPECTOR OR CODE ENFORCEMENT OFFICER

Shall mean any member of the Enforcing Agency.

LANDLORD

Shall be synonymous with "owner."

OCCUPANT

Shall mean any person who resides in any rental unit.

OWNER

Shall mean any person or group of persons, firm(s), corporation(s) limited liability company(s) association, trust, any type of partnership, or other entity, which holds title to, or has an interest in, or exercises control over, manages, or supervises any rental facility.

RENTAL FACILITY

Shall mean every building, group of buildings or portion thereof which is kept, used, maintained, advertised or held out to be a place where living accommodations are supplied, whether furnished or unfurnished, for pay or other consideration to one or more individuals and is meant to include apartments and apartment complexes.

RENTAL UNIT

Shall mean a dwelling unit which is available for lease or rental purposes, including, but not limited to, single family homes, two family homes, multi-family homes, individual units located within apartment, condominium or townhouse complexes, and individual rooms or suites located entirely within another dwelling.

RESIDE

Shall mean to use a rental facility by a person for sleeping, eating, bathing or other personal hygiene purposes, housekeeping, storage of clothing or other personal effects, for seven consecutive days. For the purpose of reaching an initial determination that a person resides in a rental facility it shall be sufficient that an Enforcing Officer shall observe the person on seven consecutive days in or about the rental facility or shall observe clothing or personal effects of person in or about the rental facility. Once the Enforcing Officer makes an initial determination that a person resides in a rental facility the burden of proof shall shift to the owner or person to prove by a preponderance of the evidence that the person does not reside in the rental facility.

VIOLATION OF THIS SECTION

Shall also include a violation of any other ordinance, code or regulation which may be enforced pursuant to the provisions of this section.

§ 10-10.3 Registration.

[Ord. No. 2003-27; Ord. No. 2014-216; Ord. No. 2016-242]

a. Each and every rental unit shall hereafter be registered with the Enforcing Agency on forms which shall be provided for that purpose and which shall be obtained from the office of the Enforcing Agency. The annual registration renewal for each calendar year shall be completed no later than February 15th of the subject year.

b. No rental unit shall hereafter be rented unless the rental unit is registered in accordance with this section.

c. Registration shall be renewed annually, whether the unit is vacant or occupied and at time of certificate of occupancy when ownership or occupancy changes.

d. If a tenant vacates a rental unit and it remains vacant either due to repairs, renovation, code enforcement or any other reason, the owner shall notify the Enforcing Agency that the unit is vacant.

e. Registration pursuant to this section does not constitute an approval for the use and occupancy of said rental unit. A certificate of occupancy is also required for each unit.

§ 10-10.4 Registration Forms, Filing and Content.

[Ord. No. 2003-27; Ord. No. 2014-216]

The registration form required by this section shall include the following information:

a. The name, address and telephone number of each record owner or owners of the property containing the rental unit and each person or entity exercising control over, managing, or exercising supervision of any rental facility. The telephone numbers provided on the form shall be numbers where each such individual can be reached during both day and evening hours. If the record owner or managing/supervising entity is a corporation the names, addresses and telephone numbers of each corporation officer and registered agent of the corporation shall be listed. If the record owner is a partnership the names, addresses and telephone numbers of each general partner shall be listed. If the record owner is a limited liability company the names, addresses and telephone numbers of each person designated in the operating agreement general partner shall be listed.

b. If the address of any record owner is not located in Union Beach, the name, address and telephone number of a person who reside in Monmouth County shall be provided, which person will be authorized to accept notices from a tenant or Borough representative, to issue receipts therefor and to accept service of process on behalf of the record owner.

c. The name, address and telephone number of any agent of the record owner of the property, if different from the information provided under paragraph a above.

d. The name, address, including the dwelling unit number, and telephone number of the superintendent, janitor, custodian or other individual employed by the owner or agent to provide regular maintenance service to the property, if any. The telephone numbers provided on the form shall be numbers where each such individual can be reached during both day and evening hours.

e. The name, address and telephone number of an agent of the record owner of the property, if different from the information provided under paragraph a above, who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit of dwelling space therein, including such emergencies as the failure of any essential service or system, and who has the authority to make emergency decisions concerning the building and the financial resources to effect any repair or incur any expenditure in connection therewith.

f. The name, address and telephone number of any recorded mortgage on the property.

g. If fuel oil or natural gas is used to heat the building and the landlord furnishes the heat in the building, the name and address of the fuel oil or natural gas dealer servicing the building and the grade of fuel oil or natural gas being used.

h. As to each rental unit, a specific statement of the exact number of sleeping rooms contained in the rental unit. A floor plan of each rental unit, identifying each room, including both its designed and actual use, the dimensions and location of each room and the rental unit's location within the property, shall be submitted and shall become part of the registration form maintained by the Enforcing Agency.

i. Such other information as may be required by the Borough.

j. All addresses must include the full accurate street address. A PO Box alone is not sufficient, but may be included, if used, along with the street address.

k. The name, date of birth and gender of each occupant of the rental unit, whether the occupant is a formal tenant or not. This information shall be maintained by and be available only to the Enforcing Agency and shall otherwise remain confidential and shall not be available to the public.

§ 10-10.5 Registration Forms, Filing and Indexing.

[Ord. No. 2003-27; Ord. No. 2014-216]

The Enforcing Agency shall file a copy of the registration form, excepting therefrom the information concerning the occupants and the floor plan of the rental unit, with the Borough Clerk. The Borough Clerk shall index and file the registration forms in compliance with the mandates of N.J.S.A. 46:8-28.1 as amended and supplemented so that the filing of the registration form will simultaneously satisfy the registration requirements of N.J.S.A. 46:8-28, et seq., to the extent that it applies to the property being registered, and the registration requirements of the section.

§ 10-10.6 Amended Registration Forms.

[Ord. No. 2003-27; Ord. No. 2014-216]

Every person required to file a registration form pursuant to this section shall file an amended registration form within 20 days after any change in the information required to be included therein.

§ 10-10.7 Inspections.

[Ord. No. 2003-27; Ord. No. 2014-216]

a. Rental units shall be inspected by persons or agencies duly authorized by the Borough to conduct inspections. Such inspections shall be for the purpose of determining Zoning Ordinance compliance, and to the extent applicable, to determine if the rental facility complies with all laws including the Property Maintenance Code, Uniform Construction Code, Health Code, Building Code, Housing Code and Fire Code.

b. If a rental unit is not in compliance with all of the applicable ordinances, codes and regulations, the owner or agent shall be given a notice of noncompliance listing the specific deficiencies or violations. Upon receiving the notice of noncompliance the owner or agent shall cause all required repairs or corrections to be completed within the time prescribed by the applicable code, and if the required repairs and corrections are not made within that time period, the owner shall be deemed in violation of this section. No rental unit deemed in violation of this section may be occupied by a tenant or otherwise used as a residence. Each day that the violation continues shall constitute a separate and distinct violation subject to the penalty provisions of subsection 10-10.16.

§ 10-10.8 Access for Inspections, Repairs and Complaints.

[Ord. No. 2003-27; Ord. No. 2014-216]

a. All rental facilities, rental units, rooming houses and boarding houses subject to this section are subject to inspections to determine their condition in order to safeguard the health, safety and welfare of the occupants of such rental facilities, rental units, rooming houses and boarding houses and of the general public. At the time of such inspections all rooms in the rental facilities, rental units, rooming houses and boarding houses shall be available and accessible for such inspections, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate the inspections. Inspections shall be made between 8:00 a.m. and 8:00 p.m. with the consent of the occupant, who is of legal age to grant such consent, or with an administrative warrant unless there is reason to believe that a violation exists which is an immediate threat to health or safety requiring inspection and abatement without delay, or where the time taken to apply for and secure the issuance of a warrant would render ineffective the immediate action necessary to abate the condition. Inspection officers shall make reasonable attempts to obtain consent of the occupant prior to application for an administrative warrant.

b. Every occupant shall give the owner of the rental facility, rental unit, rooming house and boarding house, and the owner's agent or representative, access to any part of such rental facility, rental unit, rooming house and boarding house either in accord with the written lease between the parties or, if no written lease is currently in effect between the parties, then the tenant shall give the owner, and the owner's agent or representative, access at all reasonable times between 8:00 a.m. and 8:00 p.m. for the purpose of making such repairs and modifications as are necessary to bring the property into compliance with the provisions of this section, any other Borough ordinances or codes, any other statutes or regulations or any lawful order issued pursuant thereto.

c. If the Enforcing Agency receives any complaint alleging a violation of this section an Inspector or Code Enforcement Officer shall conduct an inspection of the property and condition complained of within 10 days of receipt of the complaint.

§ 10-10.9 Identification and Conduct of Enforcing Officers.

[Ord. No. 2003-27; Ord. No. 2014-216]

Each Inspector and Code Enforcement Officer shall be supplied with official identification and shall exhibit such identification when entering any rental facility, rental unit, rooming house and boarding house or any part of any premises subject to this section. Inspectors and Code Enforcement Officers shall conduct themselves in such a manner as to effectively and expeditiously perform their duties while minimizing inconvenience to the occupants.

§ 10-10.10 Search Warrants.

[Ord. No. 2003-27; Ord. No. 2014-216]

a. If the owner or occupant refuses or hinders access to a rental facility, rental unit, rooming house and boarding house or any part of any premises subject to this section, the Inspector or Code Enforcement Officer may apply to the Judge of the Municipal Court for a search warrant. The grounds for the warrant shall be set forth in an affidavit specifying the conditions and circumstances which support a reasonable belief that a violation of this section exists or may exist on the property. These conditions or circumstances may include one or more of the following:

1. The property requires inspection according to the cycle or practice established by the Enforcing Agency or other authority of the Borough for periodic inspections of the type of property involved;

2. Actual observation by the person making out the affidavit of an external condition of the property and its public areas which provides a reasonable basis to conclude that a violation exists or may exist;

3. Circumstances such as the age of the building, type of building, particular use or other factors indicate that an inspection of the property is desirable in the interest of health and safety.

b. If the Judge of the Municipal Court of the Borough is satisfied from the matter set forth in the affidavit that reasonable grounds appear that a violation of this section exists or probably exists on the property, the Judge shall authorize the issuance of a search warrant to the Inspector or Code Enforcement Officer permitting access to the property or that part of the property in which the violation may exist for the purpose of conducting an inspection.

c. If the Inspector or Code Enforcement Officer, acting pursuant to a search warrant, is refused entry or access or is otherwise impeded or prevented by the owner, occupant or any other person acting on behalf or purporting to act on behalf of the owner or occupant, such person shall be in violation of this section and subject to the penalties thereunder. This violation shall be separate from and in addition to any violation discovered as a result of the ultimate inspection authorized by the search warrant.

d. The Inspector or Code Enforcement Officer, once a search warrant is issued by the Municipal Court Judge, shall, upon request to the Chief of Police, Captain or supervising officer of the shift, be accompanied by an officer of the Police Department to aid in the conduct of the inspection authorized by the search warrant. Before assigning a police officer to accompany and assist the Inspector or Code Enforcement Officer the Chief, Captain or other supervising officer may request to examine the search warrant.

§ 10-10.11 Prohibitions on Occupancy.

[Ord. No. 2003-27; Ord. No. 2014-216]

No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Borough of Union Beach unless the rental unit is registered in accordance with this section.

§ 10-10.12 Fees.

[Ord. No. 2003-27; Ord. No. 2014-216; Ord. No. 2017-261]

At the time of the filing of the registration form the owner or agent of the owner must pay a registration fee of $50 per rental unit, but not to exceed $5,000 per rental facility or apartment complex. If the owner of the property is a senior citizen (age 65 years or older) who resides in a unit located on the property and rents out the remaining units, and would otherwise qualify under N.J.S.A. 54:4-8.41 for property tax deductions, there shall be no fee. After the annual registration, the fee for an amended registration in the same year is $50 per rental unit, not to exceed $2,000 per calendar year per rental facility or apartment complex.

§ 10-10.13 Posting and Providing Registration Form to Tenants.

[Ord. No. 2003-27; Ord. No. 2014-216]

Every owner shall provide each tenant with a copy of the registration form and shall also post a copy in a public place within the rental facility or apartment complex. If the property is a one to three family rental facility without any common public place the form need not be posted. This requirement shall not apply to a hotel, motel or guest house registered with the State of New Jersey pursuant to the Hotel and Multiple Dwelling Act, N.J.S.A. 55:13A-1, et seq.

§ 10-10.14 Maximum Number of Occupants; Posting.

[Ord. No. 2003-27; Ord. No. 2014-216]

a. The maximum number of occupants shall be posted in a conspicuous area within each rental unit, on a form provided by the Borough, by the owner of each rental unit. It shall be unlawful for any person, including the owner, agent or tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy the rental unit. Any persons violating this prohibition shall be subject to the penalty provisions of subsection 10-10.16 of this section.

§ 10-10.15 Unlawful Occupants.

[Ord. No. 2003-27; Ord. No. 2014-216]

a. Only those occupants whose names are on file with the Borough as required in this section may reside in the registered premises. It shall be unlawful for any other person to reside in said premises. Any persons violating this prohibition shall be subject to the penalty provisions of subsection 10-10.16 of this section.

b. Any person, including the owner, agent or tenant, who allows a non-registered person to reside in said premises shall be in violation of this section. Any persons violating this prohibition shall be subject to the penalty provisions of subsection 10-10.16 of this section.

c. The conduct engaged in by all occupants who reside in registered premises shall at all times be in full compliance with all applicable ordinances and regulations of the Borough and with all applicable State and federal laws.

§ 10-10.16 Penalties.

[Ord. No. 2003-27; Ord. No. 2006-80; Ord. No. 2014-216]

a. Any person who violates any provision of this section shall, upon conviction in the Municipal Court or such other Court having jurisdiction, be liable to a fine not exceeding $1,500 or imprisonment for a term not exceeding 90 days, or by a period of community service not exceeding 90 days.

b. The minimum penalty that shall be imposed for a violation of this section is a fine of $250 each day that a violation occurs shall be deemed a separate and distinct violation.

c. Any person convicted of violating any provision of this section within one year of the date of a previous violation, which resulted in a conviction, shall be sentenced to an additional fine or other penalty as a repeat offender. The additional fine imposed by the Court for a repeat offense shall not be less than the minimum fine or exceed the maximum fine permitted by this section, but shall be calculated separately from the fine imposed for the violation of the section.

§ 10-11 PRIVATE STORM DRAIN INLET RETROFITTING.

[Ord. #2010-165]

§ 10-11.1 Definitions.

Definitions pertaining to private storm drain inlet retrofitting ordinance:

For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meaning 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 a 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 SYSTEM (MS4)

Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Union Beach or any other public body, and is designed and used for collecting and conveying stormwater. In municipalities with combined sewer systems, 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 the storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet and combination inlet.

WATER OF THE STATE

Shall mean the ocean and its estuaries, all springs, streams and bodies of surface groundwater, whether natural or artificial, within boundaries of the State of New Jersey or subject to its jurisdiction.

§ 10-11.2 Prohibited Conduct.

No person in control of private property (except residential lot with one single-family house) shall authorize the paving, 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 the solid and floatable materials; or

b. Is retrofitted or replaced to meet the standard in the subsection 10-11.3 below prior to the completion of the project.

§ 10-11.3 Design Standard.

Storm drain inlet identified in the subsection 10-11.1 above shall conform with the following standard to control passage of solid and floatable through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash and other floating, suspended, or settleable solids. For exemptions to this standards see subsection 10-11.3b below.

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 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 more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.

Examples of grate subject to this standard include grates in the grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on the 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 or clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

b. This standard does not apply:

1. 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;

2. Where flows are conveyed through any device (e.g. end of pipe netting facility manufactured treatment device, or catch basin hood) that is designed at a minimum, to prevent delivery of all solid and floatable material that could not pass through one of the following:

(a) A rectangular space 4.5 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or

(b) A bar screen having a bar spacing of 0.5 inch.

3. Where flows are conveyed through a task rack that has parallel bars with one-inch spacing between the bars; or

4. 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.

§ 10-11.4 Enforcement.

This section shall be enforced by the Borough of Union Beach Police Department.

§ 10-11.5 Penalties.

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 less than $300 nor more than $1,000 for each storm drain inlet that is not retrofitted to meet the design standard.

§ 10-12 REFUSE CONTAINERS/DUMPSTERS.

[Ord. #2010-166]

§ 10-12.1 Definitions.

Definitions pertaining to refuse containers and dumpsters:

For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meaning 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 a 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 SYSTEM (MS4)

Shall mean a conveyance or system or conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Union Beach or any other public body, and is designed and used for collecting and conveying stormwater. In municipalities with combined sewer systems, 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.

REFUSE CONTAINERS

Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

STORMWATER

Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage or drainage facilities or is conveyed by snow removal equipment.

WATER OF THE STATE

Shall mean the ocean and its estuaries, all springs, streams and bodies of surface groundwater, whether natural or artificial, within boundaries of the State of New Jersey or subject to its jurisdiction.

§ 10-12.2 Prohibited Conduct.

Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.

Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Union Beach.

§ 10-12.3 Exceptions to Prohibition.

a. Permitted temporary demolition containers.

b. Litter receptacles (other than dumpsters or bulk containers).

c. Individual homeowner trash and recycling containers.

d. Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.

e. Large bulky items (e.g. furniture, bound carpet and padding, white goods placed curbside for pickup).

§ 10-12.4 Enforcement.

This section shall be enforced by the Borough of Union Beach Police Department and the Code Enforcement Officer.

§ 10-12.5 Penalties.

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.

§ 10-13 REGISTRATION OF PROPERTIES IN FORECLOSURE. [1]

[1] Editor's Note: Former § 10-13, Maintenance of Vacant/Abandoned Properties, was repealed 7-20-2023 by Ord. No. 2023-329. Prior history includes: Ord. No. 2014-204.

§ 10-13.1 Establishment and Purpose.

[Added 7-20-2023 by Ord. No. 2023-329]

The Borough of Union Beach hereby establishes a property registration program for the purposes of identifying and monitoring residential and commercial properties within the Borough against which a summons and complaint in an action to foreclose on a mortgage has been filed, and to regulate the care, maintenance, security, and upkeep of the exterior of vacant and abandoned residential and commercial properties against which a summons and complaint in an action to foreclose has been filed; as well as impose property registration fees upon the creditors of such residential or commercial properties on an annual basis.

§ 10-13.2 Definitions; Conditions for Determination.

[Added 7-20-2023 by Ord. No. 2023-329]

CREDITOR

A mortgagee or an agent or assignee of a mortgagee, such as the servicer, who has filed a complaint in the Superior Court seeking to foreclose upon a residential or commercial mortgage. If the entity seeking to foreclose upon the residential or commercial mortgage changes as a result of an assignment, transfer, or otherwise after the filing of the foreclosure complaint in the Superior Court, the new entity shall be deemed the creditor for purposes of this section. For purposes of this section, a creditor shall not include the state, a political subdivision of the state, a state, county, or local government entity, or their agent or assignee, such as the servicer.

PROPERTY IN FORECLOSURE

Residential and commercial properties within the Borough against which a summons and complaint in an action to foreclose on a mortgage has been filed.

VACANT AND ABANDONED PROPERTY

Residential and commercial properties as to which a notice of violation has been issued under Subsection 10-13.6 hereinbelow, or where a notice of violation has not been issued, such property shall be deemed "vacant and abandoned" if it is not occupied by a mortgagor or tenant (evidenced by a lease agreement), and at least two of the following conditions exist:

a. Overgrown or neglected vegetation;

b. The accumulation of newspapers, circulars, flyers or mail on the property;

c. Disconnected gas, electric, or water utility services to the property;

d. The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;

e. The accumulation of junk, litter, trash or debris on the property;

f. The absence of window treatments such as blinds, curtains or shutters;

g. The absence of furnishings and personal items;

h. Statements of neighbors, association management, delivery persons, or government employees indicating that the residence is vacant and abandoned;

i. Windows or entrances to the property that are boarded up or closed off or multiple windowpanes that are damaged, broken and unrepaired;

j. Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;

k. A risk to the health, safety or welfare of the public, or any adjoining or adjacent property owners, exists due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;

l. An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;

m. The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;

n. A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property;

o. Any other reasonable indicia of abandonment.

§ 10-13.3 Registration of Properties in Foreclosure.

[Added 7-20-2023 by Ord. No. 2023-329]

a. A creditor filing a summons and complaint in an action to foreclose upon a real property within the Borough shall, in addition to the notice and information provided to the municipality pursuant to Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51) or Section 2 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s2), within 10 days after serving such summons and complaint, and annually thereafter, register the residential or commercial property with the Borough's property registration program as a property in foreclosure.

b. Each property in foreclosure having a separate block and lot number as designated in the official Tax Maps of the Borough shall be registered separately.

c. The registration shall include the name, street address, telephone number, and email address (if applicable) of a person 21 years or older, designated by the creditor as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such creditor in connection with the enforcement of this section. The registration shall also include the name, street address, telephone number, and email address (if applicable) of the firm and the actual name(s) of the firm's individual principal(s) responsible for maintaining the property in foreclosure. The authorized agent and the responsible person(s) may be the same or different. All such persons shown on the registration must maintain offices in the State of New Jersey or reside within the State of New Jersey.

d. The registration shall identify the date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing.

e. The registration statement shall further identify whether the property is vacant and abandoned in accordance with the definition set forth in Subsection 10-13.2 hereinabove.

f. The creditor filing a summons and complaint in an action to foreclose shall, if the registered property becomes vacant and abandoned under the definition set forth in Subsection 10-13.2 after the property is initially registered with the Borough, update the property registration with the Borough to reflect the change in the property's status within 10 days thereof.

g. The registration shall remain valid for one year from the date of registration except for the initial registration which shall be valid through December 31 of the year in which it was filed. The creditor shall be required to renew the registration annually and shall pay the registration fee prescribed in Subsection 10-13.4 for each property registered. The annual renewal shall be completed by January 1 each year. The initial registration fee shall be pro-rated for registration statements received less than 10 months prior to that date.

h. The creditor shall notify the Borough Clerk within 10 days of any change in the registration information by filing an amended registration statement on a form provided by the Borough Clerk for such purpose.

i. The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough against the creditor.

§ 10-13.4 Registration Fees.

[Added 7-20-2023 by Ord. No. 2023-329]

The annual registration fee shall be $500 per property annually for any property that is required to be registered because a summons and complaint in an action to foreclose was filed by the creditor. An additional $2,000 per property annually shall be assessed upon registration or renewal if the property was vacant and abandoned under the definition set forth in Subsection 10-13.2 hereinabove when the summons and complaint in an action to foreclose was filed or becomes vacant and abandoned under the definition set forth in Subsection 10-13.2 hereinabove at any time thereafter while the property is in foreclosure.

§ 10-13.5 Creditor Responsibility for Properties in Foreclosure.

[Added 7-20-2023 by Ord. No. 2023-329]

a. A creditor filing a summons and complaint in an action to foreclose against a property within the Borough shall be immediately responsible for the care, maintenance, security and upkeep of the exterior of the property in accordance with this chapter.

b. A creditor filing a summons and complaint in an action to foreclose against a vacant and abandoned property as defined in Subsection 10-13.2 hereinabove, or against a property that thereafter becomes vacant and abandoned under the definition set forth in Subsection 10-13.2 hereinabove at any time while the property is in foreclosure, shall:

1. Enclose and secure the property against unauthorized entry as provided in the applicable provisions of the Borough Code, or as set forth in any such rules and regulations supplementing same; and

2. Post a sign affixed to the inside of the property and visible to the public indicating the name, address, and telephone number of the creditor or an out-of-state creditor's in-state representative or agent for the purpose of receiving service of process; and

3. Ensure that the property, including yards, fences, sidewalks, walkways, retaining walls, attached or unattached accessory structures and driveways, are well-maintained and free from trash, debris, loose litter, and grass and weed growth; and

4. Continue to maintain the property in a secure and closed condition, keep the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the property is again occupied, demolished, or until repair and/or rehabilitation of the property is complete.

5. The creditor shall acquire or otherwise maintain liability insurance, in an amount of not less than $300,000 for properties designed primarily for one- to four-unit residential use and not less than $1,000,000 for any other property, including, but not limited to, properties designed for multifamily, manufacturing, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the property. Any insurance policy acquired or renewed after the property has become vacant and abandoned shall provide for written notice to the Borough Clerk within 30 days of any lapse, cancellation or change in coverage. The creditor shall attach evidence of the insurance to the annual registration statement. Any registration statement for a vacant and abandoned property that does not include such evidence shall not be a valid registration.

c. Where a creditor is located out-of-state, the creditor shall be responsible for appointing an in-state representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of Subsections 10-13.5a and b hereinabove. Notice of said representative or agent shall be provided to the Borough Clerk per Subsection 10-13.3c.

§ 10-13.6 Notice of Violation.

[Added 7-20-2023 by Ord. No. 2023-329]

a. The enforcement officers designated in Subsection 10-13.7 hereof shall be authorized to issue a notice to any creditor that has filed a summons and complaint in an action to foreclose against a property within the Borough, if the enforcement officer determines that the creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of a property in foreclosure or a vacant and abandoned property, or has failed to comply with any other provision or requirement of this chapter.

b. Where a creditor is an out-of-state creditor, the notice shall be issued to the representative or agent that has been identified by the creditor pursuant to Subsection 10-13.5c.

c. The notice referenced in Subsection 10-13.6a hereinabove shall require the creditor to correct the violation(s) within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety.

d. The issuance of a notice pursuant to Subsection 10-13.6a hereinabove shall constitute proof that a property is vacant and abandoned for the purposes of this section.

§ 10-13.7 Enforcement Officers.

[Added 7-20-2023 by Ord. No. 2023-329]

The duty of administering and enforcing the provisions of this § 10-13 is conferred upon the Code Enforcement Officer, and/or any other duly appointed representatives.

§ 10-13.8 Violations and Penalties.

[Added 7-20-2023 by Ord. No. 2023-329]

a. A creditor subject to this section that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to this section shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this paragraph shall commence 31 days following the receipt of the notice referenced in Subsection 10-13.6a, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice referenced in Subsection 10-13.6a.

b. An out-of-state creditor subject to this section that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent pursuant to this section shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in N.J.S.A. 46:10B-51 and/or N.J.S.A. 40:48-2.12s2 for providing notice to the Borough Clerk that a summons and complaint in an action to foreclose on a mortgage has been filed, and shall continue accuruing until such proper registration is filed with the Borough.

c. A creditor subject to this section that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to register a property pursuant to Subsection 10-13.3 shall be subject to a fine not exceeding $2,000. Any fines imposed on a creditor under this Subsection 10-13.8c shall commence on the day after the ten-day period set forth in Subsection 10-13.3 to register such property and shall continue accruing until such proper registration is filed with the Borough.

d. No less than 20% of any money collected by the Borough pursuant to this section shall be utilized by the Borough for Municipal Code enforcement purposes.

§ 10-13.9 Provisions Only Applicable to Commercial Properties.

[Added 7-20-2023 by Ord. No. 2023-329]

a. For the purposes of this section only, "creditor" means a state-chartered bank, savings bank, savings and loan association or credit union, any person required to be licensed under the provisions of the "New Jersey Residential Mortgage Lending Act," N.J.S.A. 17:11C-51 through 17:11C-89, and any entity acting on behalf of the creditor named in the debt obligation, including, but not limited to, servicers. For purposes of this section, a creditor shall not include the state, a political subdivision of the state, or a state, county, or local government entity, or their agent or assignee, such as the servicer.

b. A creditor serving a summons and complaint in an action to foreclose on a mortgage on commercial property shall, within 10 days of serving the summons and complaint, notify the Municipal Clerk and the Mayor that a summons and complaint in an action to foreclose on a mortgage has been filed against the subject property.

c. The notice shall contain the full name, address, and telephone number for the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations and the full name and contact information for any person or entity retained by the creditor or a representative of the creditor to be responsible for any care, maintenance, security, or upkeep of the property.

d. The notice may contain information about more than one property, and shall be provided by mail and electronic mail communication.

e. The Borough Clerk shall forward a copy of the notice to the public officer or shall otherwise provide it to any other local official responsible for administration of any property maintenance or public nuisance code.

f. The notice shall also include the street address, lot, and block number of the property.

g. If there is any change in the name, address, or telephone number for a representative, agent, or individual authorized to accept service on behalf of a creditor required to be provided in a notice pursuant to this paragraph following the filing of the summons and complaint, the creditor shall provide a notice to the Borough Clerk containing the updated name, address, or telephone number within 10 days of the change in that information.

h. If the owner of a commercial property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a commercial property becomes vacant at any point subsequent to the creditor's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the creditor or any other third party, and the exterior of the property is found to be a nuisance or in violation of any applicable state or local code, the Clerk's shall notify the creditor or the representative or agent.

i. The Borough shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less than 30 days from the creditor's receipt of the notice for the creditor to remedy the violation.

j. If the creditor fails to remedy the violation within that time period, the Borough may impose penalties allowed for the violation of municipal ordinances.

k. If the Borough expends public funds in order to abate a nuisance or correct a violation on a commercial property in situations in which the creditor was given notice pursuant to the provisions of Subsection h of this section but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property, including, but not limited to, the recourse provided under N.J.S.A. 55:19-100.

§ 10-13.10 Penalties and Fees.

[Added 7-20-2023 by Ord. No. 2023-329]

a. A creditor that violates any provision of Subsection 10-13.9, or any ordinance adopted pursuant hereto, shall be liable to a penalty of not less than $500 and not more than $1,000; which penalty may continue to be imposed and collected.

b. Each day that a violation continues shall constitute an additional, separate, and distinct offense.

§ 10-14 ABANDONED PROPERTY LIST; PUBLIC OFFICER DESIGNATED.

[Ord. No. 2015-228]

a. The Code Enforcement Officer or other official designated by the Borough Administrator is hereby directed to identify abandoned properties within the municipality, place said properties on an abandoned property list established as provided in Section 36 of P.L. 1996, c.62 (C.55:19-55), as amended by section 28 of P.L. 2003, c210 and provide such notices and carry out such other tasks as are required to effectuate an abandoned property list as provided by law.

b. The abandoned property list shall apply to the Borough of Union Beach as a whole.

c. The Code Enforcement Officer or other official designated by the Borough Administrator is hereby designated as the public officer for the purpose of carrying out the responsibilities established by this ordinance, and shall have all the responsibilities and powers as provided by law.

d. The public officer shall provide a report to the Mayor and Council every six months, with respect to the number and location of the properties on the abandoned property list, the status of those properties, and any action taken by the municipality or by any qualified rehabilitation entity designated by the Mayor and Council with respect to any property on the list or any other abandoned within the Borough of Union Beach.

§ 10-15 PROHIBITION OF SHORT TERM RENTALS.

[Added 12-16-2021 by Ord. No. 2021-309]

a. Short-term rentals prohibited. No rental facility (as defined in § 10-10.2) or rental unit (as defined in § 10-10.2). may be rented or leased for a term of less than 174 days.

b. Rentals of amenities. The lease or rental, for any purpose and for any period of time, of any amenity, feature, or accessory that is appurtenant to or associated with any rental facility (as defined in § 10-10.2) or rental unit (as defined in § 10-10.2) is prohibited. "Amenity, feature, or accessory" shall include, but is not limited to, swimming pools, pool cabanas, accessory structures, hot tubs, decks, patios, yards, and the like.

c. Advertisement. The print, electronic, or internet advertisement of any rental that is prohibited by or fails to comply with the provisions of this section or any other applicable provision of the Borough Ordinances is prohibited.

d. Penalties. Any landlord. tenant, property owner or other person violating the provisions of this section shall be subject to the penalty provisions of Chapter 3, § 3-1.1, Maximum Penalty. The Borough shall also have the right to enjoin violations of this section in any Court of competent jurisdiction by way of Order to Show Cause or similar process. All costs attendant to enforcement of this section shall be assessed as a lien against the subject property, enforceable and collectible in the same manner as liens for delinquent real property taxes and municipal service charges.