[Ord. No. 423 § 1a]
There is hereby established in the Borough a State Uniform Construction
Code enforcing agency to be known as the Building Department of the
Borough, consisting of a Construction Official, Building Subcode Official,
Plumbing Subcode Official, Electrical Subcode Official, Fire Protection
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. The Construction Official shall be the chief administrator
of the enforcing agency.
All personnel employed in the Building Department of the Borough shall be subject to the requirements and provisions of Chapter 8 Personnel Policies of this Code.
[Ord. No. 423 § 1b]
Each official position created in subsection 12-1.1 shall be filled by a person qualified for such position pursuant to N.J.S.A. 52-27D-119 et seq. and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to N.J.S.A. 52-27D-119 et seq. and N.J.A.C. 5:23 to hold each such position.
[Ord. No. 423 § 1c]
The public shall have the right to do business with the enforcing
agency at one office location during regular business hours except
for emergencies, and unforeseen or unavoidable circumstances.
[Ord. No. 423 § 2]
Appeals from decisions of the enforcing agency shall be heard
by the appropriate agency of the County of Monmouth.
[Ord. No. 769 § 1]
The fee for plan review shall be 5% of the amount to be charged
for a new construction permit.
[Ord. No. 769 § II;
Ord. No. 15-2011; 10-13-2021 by Ord. No. 17-2021]
The Borough of Sea Girt is a participant in a Regional Construction
Office. Therefore, in compliance with the regulations promulgated
by the State of New Jersey Department of Community Affairs, all fees
shall be in accordance with the master fee schedule as established
by the community hosting the regional Construction Office. Currently
that community is the Borough of Spring Lake.
All current and future fee schedules shall be in compliance
with the master fee schedule for the duration of the Borough of Sea
Girt’s membership in the Regional Construction Office.
[Ord. No. 423 § 4]
By amendment to this section in accordance with the provisions
of N.J.A.C. 5:23, the Borough Council may establish fire limits. The
boundaries of closely built commercial areas as they presently exist
or are developing and as the areas shall be identified by written
report of the Construction Official.
The Construction Official shall prepare and submit to the Borough
Council biannually, on June 30 and December 31, a report reevaluating
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.
[Ord. No. 891 § 1]
The owner of any lot intending to construct or reconstruct thereon
a building or structure or to construct thereon an addition to an
existing building or structure which addition is in excess of 300
square feet, shall, in addition to meeting all building and zoning
ordinance requirements for the zone wherein such lot lies, provide
to the Borough of Sea Girt Construction Official the following:
a.
Upon completion of the foundation, a survey, sealed by a licensed
surveyor or engineer, showing the exact location of the foundation
on the property together with a certification from the surveyor or
engineer that the foundation was built according to the plan submitted
to the Borough of Sea Girt in support of the building permit. This
survey shall include details as to lot grading and stormwater drainage
flow. Any construction which alters the flow of stormwater by diverting
same onto adjoining properties shall not receive a certificate of
occupancy until an appropriate stormwater management plan has been
provided to and approved by the Borough Engineer. The survey and certification
shall be provided before work to complete the structure shall proceed
beyond the completion of the foundation.
b.
Upon completion of the finished roof, a height certification from
a licensed surveyor or engineer certifying that the framed and roofed
structure complies with municipal height requirements and that the
structure, when completed, shall continue to so comply. The method
used to measure the height and the measurement(s) obtained thereby
shall be included in the certification.
c.
Upon completion of the structure and prior to the issuance of a certificate
of occupancy, a sealed "as built" survey from a licensed surveyor
or engineer.
[Ord. No. 891a.-i.; Ord. No. 913; Ord. No.
918; Ord. No. 2007-16; New; Ord. No. 15-2012; Ord. No. 12-2016; Ord.
No. 05-2017; Ord. No. 16-2018]
a.
Definitions:
1.
CONSTRUCTION - Shall mean the construction, erection, reconstruction,
alteration, conversion, demolition, removal, repair, painting or equipping
of buildings or structures.
2.
COMMERCIAL CONSTRUCTION - Shall mean any construction performed on
a property by someone other than the property owner and/or their immediate
family.
3.
BUILDING - Shall mean a structure enclosed with exterior walls or
fire walls, built, erected and framed of component structural parts,
designed for the housing, shelter, enclosure and support of individuals,
animals or property of any kind.
4.
STRUCTURE - Shall mean a combination of materials to form a construction
for occupancy, use, or ornamentation, whether installed on, above,
or below the surface of a parcel of land; provided the word "structure"
shall be construed when used herein as though followed by the words
"or part or parts thereof and all equipment therein" unless the context
clearly requires a different meaning.
5.
POWER EQUIPMENT - Shall mean equipment actuated by an additional
power source and mechanism other than the solely manual labor used
with hand tools.
6.
RETAINING WALL, STEEL ORWOOD PILE WALL — Retaining wall, steel
or wood pile walls are constructed by driving steel sheets or timber
into a slope or excavation up to the required depth. Their most common
use is within temporary deep excavations. They are considered to be
most economical where retention of higher earth pressures of soft
soils is required.
[Added 5-22-2019 by Ord.
No. 05-2019]
b.
All building and other permits shall be displayed so as to be visible
to Borough Officials.
c.
All excavation shall be enclosed with fencing.
d.
All construction sites shall be enclosed with silt fencing supplemented
with additional temporary fencing consisting of either chain link,
safety barrier fencing of any color or wood slat (snow or sand) fencing
properly supported with posts not less than every four feet that is
not less than four feet in height and not to exceeding six feet in
height, surrounding the perimeter of the construction site.
e.
All construction debris shall be stored in containers.
f.
The abutting street and sidewalk shall be kept free from dirt, sand
and other materials. A temporary stone tracking pad, a minimum of
12 feet wide and 15 feet long, must be installed from the curb onto
the construction site.
g.
The abutting sidewalk shall be passable at all times during the period
of construction.
h.
All portable toilets shall be positioned at least 20 feet from the
curb in a manner so the door accessing same is facing the rear of
the property. All portable toilets must be cleaned and serviced at
least once every seven days.
i.
Only one contractor's sign is permitted on the construction site
having a maximum size of six square feet and located at least 20 feet
behind the front property line. Signs shall not be illuminated.
j.
Construction is permitted during the following times:
[Amended 5-22-2019 by Ord. No. 15-2019; amended 10-26-2021 by Ord. No. 14-2021]
1.
Construction Hours Permitted.
|
Monday through Friday — 8:00 a.m. to 6:00 p.m.
|
|
Saturday — 9:00 a.m. to 5:00 p.m.
Sunday – prohibited
|
|
Except in the case of an emergency, no commercial construction
shall take place on Sundays or on the public holidays of New Year’s
Day, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas, but
is permitted on those days if done solely by the property owner and/or
their immediate family between 9:00 a.m. and 5:00 p.m. Commercial
construction is also prohibited on Saturdays beginning on the Saturday
of Memorial Day weekend in May and ending on Labor Day, inclusive,
but is permitted if done solely by the property owner and/or their
immediate family between 9:00 a.m. and 5:00 p.m. The official date
of Observance shall govern.
|
2.
Use of Power Tools. The use of power equipment or tools by both commercial
operators and property owners for construction, repair or alteration
of buildings, landscaping and lawn maintenance is permitted during
the following times:
(a)
Mondays through Fridays, (except on the public holidays of New
Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas),
between the hours of 8:00 a.m. and 6:00 p.m. The official date of
observance shall govern.
(b)
On Saturdays between the hours of 9:00 a.m. and 5:00 p.m. (Except
the provision of services by commercial operators is not permitted
on Saturdays beginning on the Saturday of Memorial Day weekend in
May and ending on Labor Day, inclusive).
Individual property owners and/or their immediate family members
are permitted to perform construction and/or landscaping work on all
Saturdays, Sundays and the public holidays of New Year's Day, Memorial
Day, July 4th, Labor Day, Thanksgiving, and Christmas between the
hours of 9:00 a.m. and 5:00 p.m. The official date of observance shall
govern.
(c)
In the absence of a permanent connection to the power grid,
property owner or his designated representative shall provide a temporary
connection to the power grid to provide power to the site during the
period of construction, repair or alteration of buildings in excess
of 300 square feet.
k.
Collection of garbage or trash by commercial collectors shall be
done only between the hours of 7:00 a.m. and 6:00 p.m. Monday through
Saturday.
l.
The off-loading and on-loading of track vehicles in the street is
permitted subject to the following conditions:
1.
A permit must be obtained from the Zoning or Code Enforcement Officer
or his designee prior to delivery of the vehicle to the site;
2.
The fee for said permit shall be $1,000;
3.
The street area shall be protected with a cover consisting of a minimum
3/4 inch plywood sheets, rubber mats or some other material as recommended
by the Zoning Officer.
m.
The dry cutting of stone and concrete is prohibited.
n.
All construction sites shall post on-site the following information:
the block, lot and address of the property; the name, address and
telephone number of the General Contractor and the rules and regulations
for all construction sites distributed by the Zoning and Code Official
so as to be visible to all Borough officials and subcontractors in
a weather-proof manner at all times.
o.
All excavations equal to or greater than five feet deep and five
feet wide must include the installation of retaining wall to provide
temporary support of soil and existing structures.
[Added 5-22-2019 by Ord.
No. 05-2019]
1.
Any excavation within 10 feet of a structure or driveway throughout
the project shall be supported in such a manner that no caving will
result from the excavations and that no driveway, structure or public
or private property outside the project limits will be damaged. A
sloped area no larger than 15 feet in width may be left open at the
front of the excavation to allow for equipment access into the excavation.
2.
The property owner shall submit signed and sealed plans for the shoring,
designed by an engineer licensed in the State of New Jersey and shall
be included with the application for zoning approval.
p.
The requirement of Subsection o, the retaining wall of an excavation, shall be waived upon the submission of a written agreement, witnessed by a notary public licensed by the State of New Jersey, between the owner of the site upon which the construction will occur and the owners of properties adjacent to the side and rear setbacks of the site upon which the construction will occur. Said agreement must be submitted to the Zoning Official of the Borough prior to the commencement of any construction activity. The requirements of Subsection o shall remain in full force and effect if the written agreement(s) between all the parties is not submitted prior to the commencement of construction.
[Added 5-22-2019 by Ord.
No. 05-2019]
[Ord. No. 918 § 3]
None of the restrictions or prohibitions contained in this section
shall apply to Beachfront operations conducted by the Public Works
Department.
[Ord. No. 891 § 3;
New; Ord. No. 09-2014; Ord. No. 05-2017 § 3; Ord. No. 16-2018]
Unless otherwise provided herein or by law, any person who shall violate any of the provisions of this Chapter shall, upon conviction, be subject to the penalties as provided in Chapter 1, Section 1-5 entitled "General Penalty." Each day of violation shall constitute a separate offense.
|
Borough Code
|
Description
|
Fine
|
Payable*
|
|---|---|---|---|
|
12-2.2j,1
|
Construction is permitted only during certain times
|
1st $250
|
No
|
|
2nd $500
|
No
| ||
|
3rd $750
|
No
|
|
* Payable without court appearance.
|
[Ord. No. 08-2010, Preamble]
The State of New Jersey, Department of Environmental Protection
(hereafter "NJDEP") requires a municipal stormwater general permit
in order to authorize new and existing stormwater discharges to surface
water and groundwater from the small municipal separate storm sewer
system (MS4) owned by the Borough. The NJDEP Tier A Municipal Stormwater
General Permit (NJ0141852) requires Tier A Municipalities to adopt
and enforce an ordinance requiring dumpsters and other refuse containers
that are outdoors or exposed to stormwater, with certain exceptions
for individual homeowner trash and recycling containers, to be covered
at all times and which prohibits the spilling, dumping, leaking, or
otherwise discharge of liquids, semi-liquids or solids from the containers,
excluding permitted temporary demolition containers, refuse containers
at industrial facilities authorized to discharge stormwater under
a valid NJPDES permit, litter receptacles, and containers that hold
large bulky items (e.g., furniture, bound carpet and padding) only.
[Ord. No. 08-2010 § 1]
This section requires dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibits the spilling, dumping, leaking or otherwise discharge
of liquids, semi-liquids or solids from the containers to the municipal
separate storm sewer system operated by the Borough of Sea Girt and/or
the waters of the State so as to protect public health, safety and
welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 08-2010 § 2]
As used in this section:
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 Sea Girt or other public body, and is
designed and used of collection and conveying storm water.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owner, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
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 facilities, or is conveyed by snow removal equipment.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 08-2010 § 3]
a.
Any person who controls, whether owner, 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.
b.
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 Sea Girt.
[Ord. No. 08-2010 § 4]
a.
Permitted temporary demolition container,
b.
Litter receptacles (other than dumpsters or other bulk containers),
c.
Individual homeowner trash and recycling containers,
d.
Refuse containers and facilities authorized to discharge storm water
under a valid NJPDES permit,
e.
Large bulky items (e.g. furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Ord. No. 08-2010 § 5]
This section shall be enforced by the Police Department and/or
the Code Enforcement Officer of the Borough of Sea Girt.
[Ord. No. 08-2010 § 6]
a.
Violation or non-compliance with any provision of this section shall
be punishable, upon conviction, by a fine of not less than $100 nor
more than $350 for a first offense, and a minimum of $200 nor more
than $1,250 for each subsequent offense.
b.
Notwithstanding the penalty set forth in the above paragraph a above,
if a second offense occurs more than two years after the first offense
the fines shall be imposed in the amounts provided for a first offender.
[Ord. No. 09-2010]
An ordinance requiring the retrofitting of existing storm drain
inlets which are in direct contact with repaving, repairing, reconstruction
or resurfacing or alterations of facilities on private property, to
prevent the discharge of solids and floatables (such as plastic bottles,
cans, food wrappers and other litter) to the municipal separate storm
sewer system operated by the Borough of Sea Girt so as to protect
public health, safety and welfare and to prescribe penalties for the
failure to comply.
[Ord. No. 09-2010]
As used in this section:
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 Sea Girt or other public body, and is
designed and used of collection and conveying storm water.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect storm
water runoff and includes, but is not limited to, a grate inlet, curb-opening,
slotted inlet, and combination inlet.
Shall mean the ocean its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 09-2010 § 3]
No person in control of private property (except a residential
lot with one single family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering an surface that is in direct
contact with any existing storm drain inlet on that property unless
the storm drain either:
[Ord. No. 09-2010 § 4]
Storm drain inlets identification in subsection 12-4.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediments, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Section 4.3 below.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
storm water from that surface into a storm drain or surface water
body under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grate inlets,
the grate portion (non-curb-opening portion) of combination inlets,
grates on storm sewer manholes, ditch grates, trench grates, and grates
of spacer bars in slotted drains. Examples of ground surfaces include
surfaces of roads (including bridges) driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and storm water basin
floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
c.
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 floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash 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 and N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. No. 09-2010 § 5]
This section shall be enforced by the Sea Girt Police, Code
Enforcement Officer, Superintendent or Foreman of Public Works.
[Ord. No. 09-2010 § 6]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,000 for
each storm drain inlet that is not retrofitted to meet the design
standard.
[Ord. No. 23-2009 § 2]
Any applicant for a construction or demolition permit for any
property within the Borough shall be required to provide a Debris
Management Plan for handling solid wastes and recyclables generated
during such activity, including the estimated number of types of containers
to be used and the disposition of such materials. A deposit of $500
shall be submitted with the Debris Management Plan, of which $250
will be returned after completion of the project and submittal of
receipts and other documentation demonstrating the proper disposal
or recycling of all solid waste and recyclables.
[Ord. No. 288; Ord. No. 323]
As used in this section:
Shall mean any pool artificially constructed, any part of
which is over 24 inches in depth and/or more than 10 square feet,
or if circular, having a diameter of more than 12 feet, designed,
used and maintained for swimming and bathing purposes by an individual
for use by members of his household and/or guests, and located on
a lot as an accessory use to a conforming use, as now or hereafter
zoned.
[Ord. No. 288]
It shall be unlawful to establish or construct or use a swimming
pool within the Borough without first obtaining a permit in the manner
hereafter prescribed.
[Ord. No. 288; New]
a.
Applications for a permit to construct a swimming pool, accompanied
by two sets of plans and specifications or proper descriptive matter,
and a sketch or plot plan, which may be prepared by the owner, showing
the proposed location of the pool with relation to lot lines and structures
on the premises, location and source of water supply and methods of
discharge, lighting and fencing, shall be presented, together with
a fee of $500, to the Construction Official by the owner of the property,
which includes zoning and engineering fees.
b.
The application for a permit shall constitute permission to any enforcement officer, at any time during daylight hours, to enter upon the premises where the pool may be located, for the purpose of testing the water therein as to standards as set forth in subsection 12-6.5.
c.
The Construction Official shall not pass upon the structural features
or durability of the pool except insofar as may be necessary to assure
safe and sound construction in accordance with the generally acceptable
principles of safe swimming pool construction and for the purpose
of insuring compliance with the terms of this section. If the Construction
Official is satisfied with respect to the structural features of the
proposed pool and compliance herewith, he shall issue the permit.
[Ord. No. 288]
All material used in the construction of private swimming pools
shall be waterproofed and easily cleaned. The bottom and sides of
the pool shall be either white or a light color, except that aluminum
paint shall not be used as a finish. Sand or earth bottoms shall not
be used.
[Ord. No. 288]
No water from the Municipal water system shall be used to fill
or replenish pools. Pools shall have a separate and private water
supply system other than the Municipal system and the water used shall
have a minimum free available chlorine residual at any point in the
pool of not less than 0.25 parts per million and not more than one
parts per million at any time. Failure to maintain the requirements
while in use shall constitute a violation of this section.
[Ord. No. 288; New]
a.
No pool shall be drained into or overflow into or be connected with
the Municipal sewer system or into the streets, but shall provide
an adequate system of surface disposal by absorption upon the property
of the owner, without drainage on any adjoiner, or by pumping back
into the ground by a system through lines other than the source of
supply, or connected with the storm sewer system.
b.
All connections with the storm sewer system shall be done by the
owner at his own expense under the supervision of the Borough Superintendent
if, in his judgment, the storm sewer system would not be damaged thereby.
There shall be paid to the Borough the sum of $250 for the privilege
of connection into the system, and the applicant shall post with the
Borough Clerk the sum of $100, conditioned upon the completion of
the connection without damage to the storm sewer system, and the restoration
to their prior condition of any street surface required to be opened
for the connection, which the sum of $100 shall be returned to the
applicant upon certification to the Clerk by the Borough Superintendent
of compliance with these conditions.
[Ord. No. 288]
No pool shall be constructed except as an accessory use to a dwelling on the same plot, and the vertical walls thereof shall not be nearer to any street than the building line or lines, nor nearer to any rear or side lot line or any existing structure on the plot than 10 feet, nor shall the vertical walls of the pool be constructed more than 12 inches above the adjoining lot grade. Swimming pools shall meet all requirements of Chapter 17, Zoning.
[Ord. No. 288]
No artificial lighting shall be erected, used or operated in
connection with the pool unless it is so directed or shaded that no
direct rays of light therefrom fall more than three feet upon the
lands of any adjacent property.
[Ord. No. 288]
a.
No pool shall be built and used unless it is surrounded by a fence with a minimum height of four feet and a maximum height of six feet; constructed to prevent, within reason, any person from gaining access to the pool, and which shall have a substantial gate, with facilities for locking, or exterior and interior devices arranged that they must be operated separately and simultaneously to open the gates. Fences shall meet all requirements of Chapter 17, Zoning.
b.
No pool fence shall remain open, unlocked or unlatched except when
the pool is in use.
c.
No pool shall remain with water therein or without an adequate and
safe cover for a period in excess of 30 days unless the dwelling house
to which it is an accessory use is occupied.
[Ord. No. 288; New]
Nothing herein shall be construed to allow the erection and
construction of a pool for public use within the Borough except that
hotels and rooming houses having a minimum of 10 guest rooms shall
be permitted to erect, construct and maintain a pool as an accessory
to the hotel or rooming house, the use of which is to be limited to
the private use of its guests, and provided further that the erection,
construction and maintenance of a pool shall be governed and regulated
by all of the provisions of this section. Nothing herein shall be
construed to permit the construction of such pool without the approvals
required by the Borough Construction Department.
[Ord. No. 561 § 1]
This section has been enacted to provide rules and regulations,
standards and procedures for the use and placement of satellite TV
earth station dish antennas within the Borough, in order to promote
the public health, safety, welfare and aesthetics and to ensure the
ordinary development of the Borough. This section shall be known and
may be cited as "The Satellite TV Earth Station Dish Antenna Regulation
of the Borough."
[Ord. No. 561 § 2]
As used in this section:
Shall mean any apparatus designed for the purpose of receiving
television, radio, microwave, satellite or similar signals, with the
exception of conventional television antennas.
[Ord. No. 561 § 3]
The provisions of this section shall be administered by the
Construction Official of the Borough to whom application for a building
permit shall be made.
[Ord. No. 561 § 4;
New]
a.
The application fee for a permit to install a satellite TV earth
station dish antenna shall be $55.
b.
A diagram shall be submitted with the application showing the proposed
location of the antenna on the lot in question.
c.
All satellite earth station antennas shall be designed in conformance
with the American National Standards Institute Standard A58.1, American
National Standard Building Code Requirements for Minimum Design Loads
in Buildings and Other Structures, and the Electronics Industry Association
Standard RS-411, Electrical and Mechanical Characteristics of Antennas
for Satellite Earth Stations, or any modification or successors to
the standards, rules and regulations of any governmental entity having
jurisdiction over such antennas, including, without limitation, the
Federal Communications Commission. A certificate of conformance with
the aforesaid standards by the manufacturer's professional personnel
or such other professional as may be deemed appropriate by the Construction
Official shall be submitted to the Construction Official as a condition
of the issuance of the building permit required by this section.
[Ord. No. 561 § 5; Ord. No. 726 § 1]
A satellite TV earth station dish antenna is permitted in all
zones, providing, however, the following requirements are met:
a.
A satellite TV earth station dish antenna is only permitted as an
accessory use on a lot that contains a principal structure.
b.
Only ground level free-standing, mounted satellite TV earth station
dish antennas shall be permitted.
c.
Ground mounted satellite TV earth station dish antennas shall be
no closer than 20 feet from any side property line and 20 feet from
any rear property line.
d.
Ground mounted satellite TV earth station dish antennas shall be
located in the rear yard only.
e.
A satellite TV earth station dish antenna is only permitted as a
free-standing structure.
f.
The satellite TV earth station dish antenna shall be designed for
use by residents of the main building only.
g.
Power control and signal cables from the ground mounted earth station
to the served structure shall be buried in accordance with the appropriate
code.
h.
No lot may contain more than one satellite earth station antenna
as heretofore regulated.
i.
The antenna shall be screened with shrubs to minimize motor noise
and visual impact from the street and adjacent properties. Such shrubs
will be at least four feet high.
j.
The antenna shall also be enclosed within a wooden or wire mesh fence
having a height of six feet in order to prevent unauthorized persons
from gaining access to the antenna.
k.
The surface receiving area of any reflective dish antenna shall not
exceed 25 square feet.
l.
The dish antenna shall be erected on a secure ground-mounted foundation.
m.
The overall height from ground level to the highest point of the
antenna or any attachments thereto when extended to their full height
shall be no more than 10 feet.
n.
No satellite TV earth station dish antennas shall exceed 10 feet
in diameter.
[Ord. No. 726 § 1]
[Ord. No. 561 § 6;
New]
[Ord. No. 561 § 7]
The Construction Official is hereby designated as the official
officer charged with the enforcement of the terms of this section.
[Ord. No. 654 § I]
It has been found that there exist in this Borough certain structures
which are unfit for human habitation, occupancy or use due to dilapidation
and defects increasing the hazards of fire, accidents or other calamities;
lack of ventilation, light or sanitary facilities, or due to the partial
destruction of structures by fire without the structures having been
subsequently repaired; or due to other conditions rendering such structures
unsafe, unsanitary, dangerous or detrimental to the health or safety
or otherwise inimical to the welfare of the residents of this Borough.
The police powers of this Borough to repair, close or demolish the
aforesaid structures or any other dwellings or structures of a similar
character which shall hereafter appear in this Borough should be exercised
for the public good and welfare.
[Ord. No. 654 § II]
The words "Governing Body," "Public Officer," "Public Authority,"
"Owner," "Parties in Interest" and "Building," as used in this section,
shall be defined and construed to respectively mean and have the same
definitions as are set forth in N.J.S.A. 40:48-2.4.
[Ord. No. 654 § III;
New]
The Public Officer hereby designated to exercise the powers
prescribed by this section is the Zoning Officer, Code Enforcement
Officer or other official designated by the Borough.
[Ord. No. 654 § IV]
Whenever a petition is filed with the Public Officer by a public
authority or by at least five residents of the Borough 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 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 seven days nor more than 30 days after
the serving of the complaint. The owner and parties in interest shall
be given the right to file an answer to the complaint and to appear
in person, or otherwise, and give testimony at the place and time
fixed in the complaint. The rules of evidence prevailing in the courts
shall not be controlling in hearings before the Public Officer.
[Ord. No. 654 § IV
B]
If, after such notice and hearing, the Public Officer or his
designee determines 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 the Public
Officer shall issue and cause to be served upon the owner thereof
and parties in interest an order:
a.
Requiring the repair, alteration or improvement of the 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 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 building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time as specified in
the order of removal; and
c.
Any building or buildings, or parts thereof, which have been damaged
to such an extent that nothing remains but the walls, or parts of
the walls and other supports, shall, regardless of the safety and
sturdiness of those remaining walls or parts thereof, be deemed inimical
to the welfare of the residents of the Borough and the Borough may
exercise its Police powers, and the owner shall be required to repair
or demolish the building or parts thereof within a reasonable time.
[Ord. No. 654 § IVC,
D]
a.
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. 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 occupancy of this building is prohibited
and unlawful."
b.
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 or may contract for the removal or demolition thereof
after advertisement for, and receipt of, bids therefor.
[Ord. No. 654 § IV
E]
a.
The amount of:
1.
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
2.
The cost of such repairs, alterations or improvements, or vacating
and closing, removal or demolition, if any, or the amount of the balance
thereof remaining after deduction of the sum, if any, realized from
the sale of materials derived from such building or from any contract
for removal or demolition thereof, shall be a municipal lien against
the real property upon which such cost was incurred.
b.
If the building is removed or demolished by the Public Officer, he
shall sell the materials of such building. There shall be credited
against the cost of the removal or demolition thereof, including the
clearance and, if necessary, leveling of the site, the proceeds of
any sale of such materials or any sum derived from any contract for
the removal or demolition of the building. If there are no such credits
or if the sum total of such 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 mail. If the total of the credits
exceed 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. 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.
[Ord. No. 654 § IV
F]
If an actual and immediate danger to life is posed by the threatened
collapse of any fire damaged or other structurally unsafe building,
the Public Officer may, after taking such measures as may be necessary
to make such building temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
[Ord. No. 654 § IV]
Complaints or orders issued by a Public Officer pursuant to
this section shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and cannot be ascertained by the Public Officer in the exercise of
reasonable diligence, the Public Officer shall make an affidavit to
that effect, then the serving of such complaint or order upon such
persons may be made by publishing same once in a newspaper printed
and published in the Borough, or in the absence of such newspaper,
in one printed and published in the County and circulating in the
Borough in which the buildings are located. A copy of such complaint
or order shall be posted in a conspicuous place on premises affected
by the complaint or order. A copy of such complaint or order shall
be duly recorded or lodged for record with the County Recording Officer
of Monmouth County.
[Ord. No. 654 § V]
Any person aggrieved by an order issued by a Public Officer
under this section may, within 30 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
Public Officer from carrying out the provisions of the order and for
any other appropriate relief. The court may proceed in the action
in a summary manner or otherwise. The remedy herein provided shall
be exclusive, and no person affected by an order of the Public Officer
shall be entitled to recover any damages for action taken pursuant
thereto, or because of noncompliance by any person with any order
of the Public Officer.
[Ord. No. 654 § VI]
The Public Officer or his designee 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 or by law granted:
a.
To investigate the structure conditions in the Borough in order to
determine which dwellings therein are unfit for human habitation,
occupancy or use.
b.
To administer oaths and affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examinations, provided
that such entry shall be made in such manner as to cause the least
possible inconvenience to persons in possession.
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this section.
e.
To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
[Ord. No. 654 § VIF;
§ VII]
Nothing in this section shall be construed to abrogate or impair
the powers of the courts or any department of the Borough to enforce
any provisions of its ordinances or regulations, nor to prevent or
punish violations thereof, and the powers conferred by this section
shall be in addition and supplemental to the powers conferred by any
law of this State or any ordinance of this Borough.
Nothing in this section shall be construed to impair or limit
in any way the power of the Borough to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor is anything in this section intended to limit the authority
of the enforcing agency or Construction Official under the State Uniform
Construction Code Act, N.J.S.A. 52:27D-119 et seq., or any rules or
regulations adopted thereunder.
