[Adopted 9-2-2021 by Ord. No. 12-2021]
It is found and determined that the construction of pools, spas
and other water-containing structures for recreation and use constructed
by pneumatically applied concrete mixture reinforced with steel rebar
and commonly referred to as "gunite" material has increased significantly
over the past several years. The spraying of such gunite material
produces air pollution and water pollution to an extent that the governing
body has determined to enact legislation to control and otherwise
mitigate the negative impact of such construction. Therefore, the
following provisions, regulations and prohibitions of this article
are implemented to protect the public health, safety and welfare of
the citizens of Margate.
As used in this article, the following terms shall have the
meanings indicated:
PNEUMATIC
The spraying of gunite or other material commonly referred
to as a "concrete mixture" in pools or spas.
POOL(S)
A water filled enclosure, permanently constructed or portable,
maintained for swimming or bathing.
POOL, SPA
A permanently fixed warm water reservoir with separate detached
pump, filter controls and heating components. Spas may be attached
or separated from on-ground or in-ground pools.
SWIMMING POOL
See definitions of "pool" and "pool, spa." The term "swimming
pool," when used in this section, shall mean in-ground, aboveground
and on-ground pools, spas, decking and all appurtenances thereof used
for recreational purposes.
The construction of pools, spas and other water-containing structures
shall be unlawful from June 15 to September 15 of each year.
The installation of a swimming pool or spa or other construction
involving the pneumatic application of concrete mixture shall require
the following:
A. The contractor shall obtain a construction permit issued by the Construction
Official in accordance with the New Jersey Uniform Construction Code
(UCC).
B. As a prior condition of approval for the issuance of a construction
permit, the contractor shall obtain a zoning permit issued by the
Zoning Officer.
C. If dewatering activity is required at the construction site, a further permit will be required from the Margate City Engineer or designee and in accordance with §
227-22 et seq. of the Margate Municipal Code. A precondition for the issuance of the permit shall be the issuance of the zoning and construction permits.
D. A minimum of 48 hours' notice to the Margate Police Department is
required whenever construction equipment is to block a street or a
traveling lane of a public street.
E. The permit application shall be submitted on forms provided by the
City for that purpose.
F. Provision shall be made by the applicant to provide coverage by way
of curtains or other suitable temporary structure in order to prevent
sprayed material from exiting the property and otherwise spreading
to adjoining properties. Said provision must be approved by the Construction
Official.
G. Prior to work commencing with respect to dewatering and/or construction
by pneumatic applied concrete mixture, the Construction Department
shall be notified with a minimum of 48 hours' notice so that the proposed
dewatering and/or construction may be inspected by a municipal designated
inspector for compliance with all provisions of this article.
H. Written notice to all contiguous property owners shall be given by
the applicant by regular and certified mail at least 10 days' prior
to commencement of construction of pneumatic applied concrete mixture.
Said notice shall be given by certified and regular mail or by personal
delivery to the contiguous property owner and/or occupants. Proof
of such notice shall be given to the Construction Department for verification
prior to commencement of work.
I. It shall be the responsibility of the contractor to remove all dirt
and debris from the sidewalk, street and public right-of-way area
on a daily basis and at the conclusion of construction and/or installation
of the pool or whenever any City official deems it necessary during
construction and/or installation.
J. The failure of the contractor to remove dirt and debris as required
by this section will subject the contractor to the penalty provisions,
both administrative and otherwise, as provided herein. Additionally,
should the City be required to perform such cleanup, the contractor
shall be responsible for the cost of City employees and equipment
computed on a time-and-material cost basis; provided, however, that
the minimum amount shall not be less than $250. Such sum shall be
payable upon demand. Any contractor who owes any outstanding reimbursement
costs to the City will be denied any MCDPW permit for any future project
until such time as all such costs imposed by the City have been paid
in full.
K. All construction and construction-type activity shall conform to
the requirements of the New Jersey Uniform Construction Code and all
other state or federal law that may be applicable and to the regulations
promulgated thereunder and shall further conform to all other City
ordinances.
Any person violating any of the provisions of this article shall,
upon conviction, be subject to one or more of the following:
A. For a first offense:
(1) A fine in the minimum amount of $100, not to exceed the sum of $1,000;
and/or
(2) Incarceration for a term not to exceed 90 days; and/or
(3) A period of community service for a period not exceeding 90 days.
B. For a second or subsequent offense:
(1) A fine in the minimum amount of $100, and not to exceed the sum of
$2,000; and/or
(2) Incarceration for a term not to exceed 90 days; and/or
(3) By a period of community service for a period not exceeding 90 days.
Any person convicted of violating this article within one year
of the date of a previous violation and who was fined for the previous
violation shall be sentenced by the 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 the article, but
shall be calculated separately from the fine imposed for the violation
of the article. (See N.J.S.A. 40:49-5.)
[Adopted 1-19-2023 by Ord. No. 02-2023]
It shall be unlawful to install, enlarge, repair, alter, or
reinstall fences, driveways, pavers, concrete, or storage sheds, or
portion thereof, or to install, enlarge, or alter a bulkhead without
first filing an application with the Building Department and appropriate
officials, in writing, and obtaining the required permits therefor.
As used in this article, the following terms shall have the
meanings indicated:
BULKHEAD
A structure separating land and water areas, primarily designed
to prevent erosion and other damage due to wave, storm, overflow or
tidal action.
DRIVEWAY
A paved or partially paved area used for ingress or egress
of vehicles and allowing access from a street to a lot, building or
other structure or facility.
ENCLOSURE, SHOWER
A fence structure serving as an enclosure for an outdoor
shower, at ground or slightly below ground level, and adjacent to
a building.
FENCE
A structure made of posts or stakes, joined together by boards,
wire or rails, serving as an enclosure, a barrier or as a boundary.
PAVERS
Performed paving blocks that are installed on the ground
to form patterns while at the same time facilitating pedestrian or
vehicular travel.
STORAGE SHED
An accessory building used for the storage of items, such
as, but not limited to, tools, lawn and garden equipment and furniture
and similar items of personal property belonging to the occupant of
the principal structure.
ZONING PERMIT
A document signed by the Zoning Officer:
A.
Which is required by ordinance as a condition precedent to the
commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building.
B.
Which acknowledges that such use, structure or building complies
with the provision of the municipal Zoning Ordinance or variance therefrom
duly authorized by the appropriate agency of the City pursuant to
N.J.S.A. 40:55D-60 and 40:55D-70.
Municipal permit fees shall be as follows:
Scope of work
|
Fee
|
---|
Fence
|
$64
|
Enclosure, shower
|
$64
|
Driveway
|
$25 per $1,000 of estimated cost
|
Pavers
|
$25 per $1,000 of estimated cost
|
Concrete
|
$25 per $1,000 of estimated cost
|
Shed
|
$25 per $1,000 of estimated cost
|
Bulkhead
|
$25 per $1,000 of estimated cost
|
No person shall be charged a municipal permit fee for any construction,
reconstruction, alteration, alteration or improvement designed and
undertaken solely to promote accessibility by disabled permits to
an existing public or private structure.
Municipal permit fees shall be waived for all charitable organizations
recognized under I.R.C. § 501(c)(3).