These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Borough. Any action taken by the
Borough under the terms of this chapter shall give primary consideration
to the above-mentioned matters and the welfare of the entire community.
Moreover, if the applicant or his agent can clearly demonstrate that,
because of peculiar conditions pertaining to his land, the literal
enforcement of one or more of the regulations within this chapter
is impracticable or will exact undue hardship, the appropriate agency
may permit exception or exceptions as may be reasonable and within
the general purpose and intent of the rules, regulations and standards
established by this chapter.
[Added 9-24-2013 by Ord.
No. 2013-010]
A.
The Construction Official and the Zoning Officer. It shall be the
duty of the Construction Official and the Zoning officer of the Borough
of Spring Lake to administer and enforce the provisions of this chapter.
No structure shall be erected until a construction permit is obtained
from the Construction Official and no structure or lot shall be used
in violation of this chapter.
(1)
It shall be the duty of the Construction Official to keep a record
of all applications and all construction permits which are either
issued or denied, with notations of any conditions involved, which
data shall form a part of the Borough public records. A monthly report
of construction permits shall be filed with the Borough Tax Assessor
and the Borough Council.
(2)
It shall be the duty of the Zoning Officer to inspect the structures
and land in the Borough and order the owner in writing to remedy any
condition found to exist in violation of any provision(s) of this
chapter. The owner shall remedy the purported violations forthwith
and so notify the Zoning Officer.
(3)
Upon notice being served of any condition found to exist in violation
of any provision(s) of this chapter with respect to any land use,
the certificate of occupancy for such use shall thereupon, without
further notice, be null and void and a new certificate of occupancy
shall be required for any further use of such structure or land.
B.
Construction permits.
[Amended 12-16-2003 by Ord. No. 14-2003]
(1)
Plot plans. Every application for a construction permit for a new
structure or for an addition to an existing structure with a building
footprint of 750 square feet or greater shall be accompanied by four
copies of a plan drawn to a scale of not greater than one inch equals
10 feet and not less than one inch equals 20 feet, showing the actual
shape and dimensions of the lot to be built upon; the exact location,
size and height of all existing and proposed structures and substructures;
existing easements; existing and intended use of each structure; as
existing and proposed driveways, walks, patios, decks and such other
information with regard to the lot and neighboring lots as may be
necessary to determine and provide for the enforcement of this chapter,
the construction code and all other applicable codes and ordinances
of the Borough. All information on the plot plan, relating to the
location and size of the lot and existing structures and other features
on the lot, shall be based on a survey of the lot by a professional
land surveyor, licensed in the State of New Jersey. A separate copy
of the signed and sealed survey, upon which the plot plan is based,
shall also be submitted with the application.
(2)
Soil logs. Every application for a construction permit for a new
structure or for an addition to an existing structure containing a
basement with a building footprint which is equal to or greater than
750 square feet, shall be accompanied by a soil log prepared and certified
by a professional engineer, licensed in the State of New Jersey. The
boring or test pit for the soil log shall be located within the area
of proposed new structure or addition and shall be to a depth of two
feet below the proposed basement floor or groundwater elevation, whichever
is less. The plot plan shall show the location of the boring or test
pit and the soil log shall identify the surface elevation of the boring
or test pit, show the various soil types and characteristics, show
the elevation of each change in soil type, the existing groundwater
elevation and an estimate of the seasonal high groundwater elevation.
(3)
Lot grading and drainage plan. Every application for a construction
permit for a new structure, pool, or for an addition with a building
footprint of 750 square feet greater to an existing structure shall
be accompanied by four copies of a lot grading and drainage plan prepared
and certified by a professional engineer or an architect licensed
in the State of New Jersey. All information on the plan relating to
the location and size of the existing lot, structure and other features
on the lot and its existing topography shall be based on an actual
survey of the lot prepared by a professional surveyor licensed in
the State of New Jersey. A separate copy of the signed and sealed
survey upon which the lot grading and drainage plan is based shall
also be submitted with the application. The lot grading and drainage
plan shall be drawn at a scale of not greater than one inch equals
10 feet and not less than one inch equals 20 feet and shall show as
a minimum the following:
(a)
The Tax Map sheet, block, and lot numbers, street address, date,
graphic scale, North arrow, name and address of the property owners,
the applicant if other than the owner and the name and address of
the professional who prepared the plan.
(b)
Existing boundary and topographic information on the lot and
for a distance of 10 feet outside the lot.
(c)
The location of all proposed construction and all existing structures
on the lot and for a distance of 10 feet outside the lot.
(d)
Required zoning setback lines and distances to all existing
and proposed structures.
(e)
Structure dimensions including height of existing and proposed
structures or additions.
(f)
Existing and proposed contour lines at one-foot intervals plus
spot elevations as may be required to adequately show the existing
and proposed grading on the lot and for a distance of 10 feet outside
the lot; existing spot elevations at each lot corner and existing
structure corner; existing and proposed finished floor elevations
including basement slab elevation and garage slab elevations of all
existing and proposed structures and structure additions; proposed
spot elevations at the corner of each proposed structure or structure
addition; existing top and bottom of curb elevation and street center-line
elevation at twenty-five-foot intervals along and for a distance of
25 feet beyond the lot frontage. All elevations shall be NGVD29 or
NAVD88 datum.
(g)
Existing and proposed building area and gross floor area of
proposed structures or structure additions and the existing and proposed
lot coverage.
(h)
Existing and proposed driveway locations, dimensions and type
of driveway surface.
(i)
Existing and proposed sidewalk and curb locations and type of
curb and walk surface.
(j)
Flood zone, wetlands and wetland buffer lines, if applicable.
(k)
Location of existing water and sewer lines and proposed service
connections thereto, including size and proposed material.
(l)
Location of existing electric, telephone and cable television
lines and proposed underground service connections thereto.
(m)
A description of the proposed structure (i.e., ranch, two-story
colonial, etc.) and whether its on a slab, crawl space or basement.
(n)
Limits of lot clearing, if applicable, show existing trees four
inches and larger including caliper and species and identify trees
to be removed or remain.
(o)
Limits of disturbance and soil erosion and sediment control
provisions proposed to mitigate soil erosion of disturbed areas. The
plan should show the topsoil storage area, silt fence locations, construction
vehicle entrance stabilization and provisions for maintaining and
protecting access to the public sidewalk. Where the majority of the
lot will be disturbed a separate soil erosion plan may be required.
(p)
All impervious surface calculations.
(4)
The lot and location of the structure(s) thereon shall be staked
out on the grounds before construction is started and a copy of the
construction permit, including the name, address and telephone number
of the contractor, shall be posted conspicuously on the site where
designated by the Construction Official.
(5)
No construction permit shall be issued for any structure until prior
site plan, subdivision and variance approvals, as may be necessary,
have been granted by the appropriate municipal agency or municipal
agencies in accordance with the provisions of this chapter. Additionally,
no construction above the foundation shall commence until as-built
drawings of the foundation are submitted to and approved by the Construction
Official.
(6)
Nothing in this chapter shall require any change in the plans, construction,
size or designated use of any building, structure or part thereof
for which any construction permit has been granted before the enactment
of this chapter, provided that construction from such plans has been
started within six months before the enactment of this chapter and
shall be continuously and diligently pursued to completion; otherwise
said permit shall be void.
(7)
No construction permit shall be issued for any structure until prior
site plan, subdivision or variance approvals, as may be necessary,
have been granted by the Planning Board in accordance with the provisions
of this chapter and until all conditions of said approval have been
satisfied and the plans have been signed by the Chairman and Secretary
of the Planning Board. Additionally, no construction above the foundation
shall commence until as-built drawings of the foundation, including
location and elevation, are submitted to and approved by the Construction
Official.
[Added 12-16-2003 by Ord.
No. 14-2003]
C.
Certificate of occupancy (CO).
(1)
It shall be unlawful to use or permit the use of any structure or
parts thereof, either occupied by a new use or occupant or hereafter
erected, altered, converted or enlarged wholly or in part, until a
certificate of occupancy shall have been issued by the Construction
Official. It shall be the duty of the Construction Official to issue
a certificate of occupancy only when:
(a)
The structure or part(s) thereof and the proposed use conform
to this chapter and all other applicable codes and ordinances of the
Borough;
(b)
Prior site plan, subdivision and variance approvals, as may
be necessary, have been granted by the appropriate municipal agency
or municipal agencies in accordance with the provisions of this chapter;
(c)
A letter from each utility company has been received by the
Borough stating that the utility has been inspected, has been installed
in accordance with the approved plan and is ready for use.
(2)
Final as-built plan. Every request for a final inspection and certificate
of occupancy (CO) for a new structure or addition, with building footprint
of 750 square feet or greater to an existing structure shall be accompanied
by four copies of an as-built plan signed and sealed by a professional
surveyor licensed in the State of New Jersey. The as-built plan, together
with a copy of the original site grading and drainage plan, shall
be reviewed by the Borough Engineer who shall also conduct an on-site
inspection and issue a written report to the Zoning Officer and Construction
Official as to the compliance of the construction to the approved
grading and drainage plan and make a recommendation as to the issuance
of a certificate of occupancy. In the event the as-built plan does
not comply with the requirements of this section or the construction
does not comply with the approved grading and drainage plan the Borough
Engineer shall include in its written report the conditions that must
be satisfied prior to issuance of a certificate of occupancy (CO).
The as-built plan shall include as a minimum the following:
[Amended 12-16-2003 by Ord. No. 14-2003]
(a)
Property lines and dimensions.
(b)
Dimensions of all structures and distances of all structures
to the property lines.
(c)
Final grading plan of the lot and adjacent roadway including
structure corners, lot corners, drainage swales, as well as final
contours and critical spot elevations adequate to clearly depict the
direction of surface runoff.
(d)
Location and size of dry wells, together with the leader drains
connecting each of the roof leaders to the dry wells.
(e)
Location of all utility service connections including size of
water and sewer connections.
(f)
Final finish floor elevations including basement slab elevation
and garage slab elevation of all structures.
(g)
A description of the structure (i.e., ranch, two-story colonial,
etc.) and whether its on a slab, crawl space or basement.
(h)
All surface improvements including walks, decks, patios, driveways,
curbs, landscaping, etc.
(i)
The final as-built plan shall contain a statement that the plan
includes all required information and that the completed improvements
are in substantial compliance with the grading and drainage plan reviewed
and approved by the Borough. Any variations from the approved plan
must be specifically noted on the as-built plan and approved, in writing,
by the Borough Engineer. One copy of the approved grading and drainage
plan shall be attached to the as-built plan.
(j)
An accurate calculation of the percentage of impervious surface
of the lot.
(3)
A certificate of occupancy shall be granted or denied in writing
within 10 days from the date that a written notification is filed
with the Construction Official that the erection of the structure
is completed, unless additional time is agreed upon by the applicant
in writing.
(4)
A copy of any issued certificate of occupancy shall be kept on file
at the premises affected and shall be shown to the Construction Official
upon request.
(5)
Should the Construction Official decline to issue a certificate of
occupancy, his reason for doing so shall be stated on two copies of
the application and one copy shall be returned to the applicant.
(6)
A monthly report of the certificates of occupancy issued shall be filed with the Borough Tax Assessor. A record of all certificates of occupancy shall be kept in the office of the Construction Official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be as indicated in § 225-46 of this chapter.
D.
Zoning Permit for major additions and renovations, minor additions,
all incidental structures and commercial occupancy or use.
[Amended 9-24-2013 by Ord. No. 2013-010]
(1)
In accordance with the duties of the Zoning Officer, the Zoning Officer
shall make inspections of certain additions, renovations and construction
in order to safeguard the health and safety of the occupants of the
buildings or dwellings and the general public. The Zoning Officer
shall have the authority to review, issue or deny the zoning permit
for such items under the terms of this section. Said fees for the
application are as follows:
(2)
All fees shall be paid to the Borough at the time of the filing of
the application for the certificate.
[Added 4-12-1999 by Ord.
No. 11-1999; amended 2-26-2001 by Ord. No. 7-2001]
(3)
No person shall occupy any business or commercial structure or unit, including any tenant or lessee, unless the owner or the owner's agent shall have first obtained a zoning permit issued by the Zoning Officer which shall be issued upon compliance by the owner with the applicable provisions of this Chapter 225 and any rules and regulations adopted pursuant thereto. No such permit shall be transferable. Such permit shall include the address of the commercial unit, the name of the owner and the name of the person occupying the unit. Every owner or owner's agent applying for a said permit shall supply such information as the Zoning Officer and Code Enforcement Officer requires and shall pay a fee of $15 per commercial unit for the inspections that may be required until the unit qualifies for the issuance of a Zoning Permit.
[Added 9-24-2013 by Ord.
No. 2013-010]
(4)
Whenever there is a change in the use of any business or commercial structure, unit or land, a new zoning permit shall be applied for to ensure compliance with this Chapter 225. For the purposes of this section, "change in use" shall be broadly construed and shall, for example, include substitution of one type of retail trade use for another. A zoning permit shall be obtained for each and every change of and/or addition to commercial occupancy.
(5)
The owner of a business, or one or more rental units, must maintain
liability insurance for negligent acts and omissions in an amount
of no less than $500,000 for combined property damage and bodily injury
to or death of one or more persons in any one accident or occurrence.
Owner-occupied two-family, three-family, or four-family homes are
subject to a lower $300,000 coverage minimum which becomes effective
for insurance policies issued on or after February 1, 2023. Owners
are required to annually register the certificate of insurance in
the municipality where the business or rental unit is located.
[Added 12-20-2022 by Ord. No. 2022-011]
A.
A prospective purchaser, prospective mortgagee or any other person
interested in any land in the Borough which has been part of a subdivision
since July 14, 1973, may apply in writing to the Administrative Officer
for the issuance of a certificate certifying whether or not such subdivision
has been duly approved by the Planning Board.
B.
Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof. A fee, as indicated in § 225-46 of this chapter, shall be paid to the Administrative Officer, on behalf of the Borough, for the requested certificate.
C.
The Administrative Officer shall make and issue such certificate
within 15 days after receipt of the written application and accompanying
fee. The Administrative Officer shall keep a duplicate copy of each
certificate, consecutively numbered, including a statement of the
fee received, in a binder as a permanent record in his office.
D.
Each certificate shall be designated a "Certificate as to Approval
of Subdivision of Land" and shall certify:
(1)
Whether there exists a duly established Planning Board and whether
there is a duly adopted ordinance controlling the subdivision of land;
(2)
Whether the subdivision, as it relates to the land shown in the application,
has been approved by the Planning Board and, if so, the date for such
approval and conditions attached to such approval and any extensions
and terms thereof showing that the subdivision, of which the subject
lands are a part, is a validly existing subdivision; and
(3)
Whether such subdivision, if the same has not been approved, is statutorily
exempt from the requirements of approval as provided in N.J.S.A. 40:55D-1
et seq. and as defined in this chapter.
In case any building or structure is erected, constructed, reconstructed,
altered, moved or converted; or any building, structure or land is
used in violation of, or contrary to, the provisions of this chapter,
the Borough may institute an action to enjoin or any other appropriate
action or proceeding to prevent such erection, construction, reconstruction,
alteration, conversion or use. However, nothing in this chapter shall
be construed to restrict the right of any party to obtain a review
by any court of competent jurisdiction according to law.
A.
Fines.
(2)
The owner of any building or structure, lot or land, or part thereof,
and/or the tenant or occupant of any building or structure, lot or
land, or part thereof, where anything in violation of this chapter
shall be placed or shall exist or be suffered, allowed or permitted
to exist; and any architect, builder, developer, contractor, agent,
person or corporation engaged in connection therewith and who assists
in the commission of such violation, shall each be guilty of a separate
violation, and upon conviction thereof shall each be liable to the
fine or imprisonment, or both, specified hereinabove.
B.
Selling land before final subdivision approval.
(1)
If, before final subdivision has been granted, any person, as owner
or agent, transfers or sells or agrees to transfer or sell any land
which forms a part of a subdivision for which municipal approval is
required in accordance with the provisions of this chapter, except
pursuant to an agreement expressly conditioned on final subdivision
approval, such person shall be subject to a penalty not to exceed
$1,000, and each lot disposition so made may be deemed a separate
violation.
(3)
In any such action, the transferee, purchaser or grantee shall be
entitled to a lien under the portion of the land from which the subdivision
was made that remains in the possession of the subdivider or his assigns
or successors, to secure the return of any deposit made or purchase
price paid, and also a reasonable search fee, survey expense and title
closing expenses, if any. Any such action must be brought within two
years after the date of the recording of the instrument of transfer,
sale or conveyance of said land, or within six years if unrecorded.
