[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.
[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.
[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.
[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.
(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.
(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.
(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.
(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.
(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.
(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:
[5] Other gas appliances: $25.
[6] Replacement (same fuel): $25.
[b] Commercial, per unit:
[6] Condensate drain (per unit): $25.
(5)
Fixtures:
[d] Bath tub (including shower): $25.
[f] Garbage disposal unit: $25.
[l] Backflow prevention device: $75.
[m] Interceptor/separator: $75.
[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.
[w] Hot water solar panels and hot water roof systems:
$75.
[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:
[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.
(10)
Revision of permit:
[a] $25 per $1,000 of estimated cost of work.
(c)
Electrical Subcode Fees.
(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
|
(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.
(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]
[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.
[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.
[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.
[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.
[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;"
|
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
See also Trailer Regulations in Chapter
3, Section
3-7.
[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.
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.
[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"), N.J.A.C. 7:13, shall be known as the "Floodplain Management
Regulations of the Borough of Union Beach" (hereinafter "this section").
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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
|
|
|
[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 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.
[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.
[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.
[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.
[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.
[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.
[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. In the event of conflicting permit requirements, the Floodplain
Administrator must ensure that the most restrictive floodplain management
standards are reflected in permit approvals.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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).
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[Added 11-22-2021 by Ord.
No. 2021-305]
[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.
[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.
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 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.
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.
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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.
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 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.
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 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.
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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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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 (N.J.A.C. 7:10) and the provisions of Chapter
7, ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
[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.
[Added 11-22-2021 by Ord.
No. 2021-305]
Streets and sidewalks shall be designed to minimize potential
for increasing or aggravating flood levels.
[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.
[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).
[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.
[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).
[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.
[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.
[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.
[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.
[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).
[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.
[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.
[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.
[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.
[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.
[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 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.
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 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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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).
[Ord. #88; Ord. #2006-80]
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.
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.
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.
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.
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.
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.
[Ord. #335; Ord. #562; Ord. #609; Ord. #2006-80]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
[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.
[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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
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.
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.
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.
This section shall be enforced by the Borough of Union Beach
Police Department.
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.
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.
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.
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).
This section shall be enforced by the Borough of Union Beach
Police Department and the Code Enforcement Officer.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.