There is hereby created in accordance with the provisions of
State Uniform Construction Code Act, P.L. 1975, c. 217, (hereinafter
referred to as act), an enforcing agency to be known as the Department
of Building Administration of the Borough of Harvey Cedars.
The department of building administration of the borough shall
consist of a building administrator and such subcode officials, assistants
and other personnel as are appointed by the board of commissioners
to administer and enforce the provisions of State uniform construction
code adopted in accordance with the provisions of the act. Nothing
herein, however, shall prevent the borough from accepting inspections
as to compliance with the State uniform construction code or any subcode
thereof made by an inspection authority approved by the State of New
Jersey pursuant to law.
The duties of the building administrator shall be to administer
and enforce the State uniform construction code pursuant to the provisions
of the act. The building administrator shall be the chief administrator
of the department of building administration. He shall establish the
day-to-day operating routines of the department and coordinate the
activities of the subcode officials and other departmental personnel.
The building administrator may serve as a subcode official for
any subcode which he is qualified to administer under the State uniform
construction code act.
Subcode officials shall enforce the provisions of the subcodes
for which they are responsible in accordance with the provisions of
the act and the regulations promulgated thereunder. The Ocean County
Electrical Bureau is hereby designated to act as the electrical subcode
inspection agency of the borough for the year 1977.
One person may hold more than one subcode official position
provided that person is qualified to hold each such position pursuant
to the act and regulations adopted thereunder. Each subcode official
shall be responsible for the administration and enforcement of the
appropriate subcode, subject to the procedure of the Department of
Building Administration as established by the building administrator.
The building administrator shall have the power to overrule a determination
of a subcode official based on an interpretation of a substantive
provision of the subcode which such subcode official administers only
if he is qualified pursuant to the act to act as a subcode official
for that subcode. However, each subcode official shall have exclusive
decision-making authority with respect to the technical provisions
of the subcode for which he has been appointed the official.
The board of commissioners may appoint such other assistants
and personnel as it deems necessary for the proper functioning of
the department of building administration. Such assistants and personnel
shall be under the supervision of the building administrator or the
appropriate subcode official.
The building administrator and all subcode officials, assistants
and other departmental personnel shall be qualified in accordance
with the provisions of the act and the regulations promulgated thereunder.
[Ord. No. 2011-16]
The building administrator and all subcode officials shall be
appointed by the board of commissioners and shall serve a term established
per agreement. Intergovernmental agreements shall have a minimum term
of four years as per State statute.
[Ord. No. 2011-16]
The annual salary and compensation for the building administrator
and all subcode officials, assistants and other departmental personnel
shall be determined from time to time by the board of commissioners
and shall be paid in accordance with the provisions of authorized
agreements.
a.
No person
employed by the department of building administration as a building
administrator or subcode official, assistant to the building administrator
or subcode official, trainee, inspector, or plan reviewer, shall engage
in, or otherwise be connected directly or indirectly for purposes
of economic gain, with any business or employment furnishing labor,
materials, appliances or services for the construction, alteration,
demolition, or maintenance of buildings or structures within the State.
Nor shall any such official or employee engage in any other activity
or work which conflicts with his official duties.
c.
The limitation on outside business or employment described in Subsection 12-1.11a shall, for a period of 18 months from the effective date of the act, apply only to such business or employment within the borough. Thereafter, the application of Subsection 12-1.11a shall extend throughout the entire State.
[Ord. No. 2011-16]
The department of building administration shall maintain a central
permit office at the Harvey Cedars Borough Hall. This office shall
be open during business hours established by the building administrator
and shall receive applications for construction permits and plan review;
issue construction permits and certificates of occupancy; collect
fees, penalties and fines and issue notices and orders in accordance
with the provisions of the act and the regulations promulgated thereunder.
The public shall have the right to do business with the department of building administration at the office location set forth in Subsection 12-1.12 of this section except in the case of emergencies or unforeseen or unavoidable circumstances.
[1]
Editor's Note: Prior ordinances codified herein include Ord.
Nos. 77-3, 84-12, 85-7, 88-10 and 92-6.
There are hereby established the following construction and
subcode fees: As per Schedule A.[1]
[1]
Editor’s Note: Schedule A is included as an attachment to this chapter.
a.
Authorization.
The appropriate officers of this municipality are hereby authorized
and directed to enter into and execute an amendment to the All Code
Agreement with the County of Ocean providing for a revision of the
fee schedule to be effective May 1, 1992.
b.
Copy on
File. A copy of said Agreement is on file and available for public
inspection at the office of the Municipal Clerk during regular business
hours.
[Ord. No. 2011-16]
In order to provide for the training, certification and technical
support programs required by the uniform construction code act and
the regulations, the Department of Building Administration shall collect,
in addition to the fees specified above, a surcharge fee of $0.0017
per cubic foot of volume of new construction. The surcharge fee shall
be remitted to the Bureau of Housing Inspection, Department of Community
Affairs, on a quarterly basis, for the fiscal quarters ending September
30, December 31, March 31, and June 30 of each year, and not later
than one month next succeeding the end of the quarter for which it
is due, beginning July 1, 1991.
At the end of each fiscal year, and not later than July 31,
the Department of Building Administration shall report to the Bureau
of Housing Inspection the total amount of surcharge fees collected
during the fiscal year; provided, however, that the first annual report
shall be for the third and fourth quarters only of the fiscal year
ending June 30, 1977.
The building administrator shall, with the advice of the subcode
officials, prepare and submit to the board of commissions committee
biannually, a report recommending a fee schedule based on the operation
expenses of the department.
A schedule of the fees imposed by this section shall be posted
in the office of the building administrator and shall be accessible
to the public.
No certificate of occupancy or permit shall be issued pursuant to Chapter 12 of the Revised General Ordinances of the Borough of Harvey Cedars unless the applicant therefor presents proof that all taxes, assessments, water and sewer charges on the property for which said permit or certificate is sought, have been paid to the Borough of Harvey Cedars. An individual seeking a permit or certificate of occupancy may acquire from the borough tax collector, a certificate that said taxes, assessments, and water and sewer charges on the subject property have been paid and are current on the subject property.
When a certificate of occupancy is required for the transfer
of property, a temporary thirty-day certificate of occupancy may be
issued by the zoning officer, conditioned upon the payment of all
taxes, assessments, water and sewer charges on the subject property
within said 30 days. No renewal of the certificate of occupancy shall
be authorized unless all taxes, assessments, water and sewer charges
are paid.
The fee for a permit for the construction of a shed shall be
$0.01 per cubic foot, provided that the minimum fee shall be $15.
[Ord. No. 2011-16]
By resolution duly adopted, the governing body of this borough
has declared and determined that there exists in the borough buildings
which are unfit for human habitation of occupancy or use, due to dilapidation,
defects increasing the hazards of fire, accidents or other calamities,
lack of ventilation, light or sanitary facilities, or due to other
conditions rendering such buildings unsafe or unsanitary, or dangerous,
or detrimental to the health or safety or otherwise inimical to the
welfare of the residents of this borough; said resolution having been
adopted pursuant to the provisions of the Revised Statutes of New
Jersey.
No owner or party in interest of any building which is, or may
become, dangerous to human life, safety or health, or dangerous to
adjacent property, or which would be likely to extend a conflagration,
shall permit the same to remain in this borough.
The director of public affairs shall be designated as the public
officer to 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 the borough charging that
any building is unfit for human habitation or occupancy or use, or
whenever it appears to the public officer, on his own motion, that
any building is unfit for human habitation, or occupancy or use, the
public officer shall, if his preliminary investigation discloses a
basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such building a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the public officer or his designated agent, at a place
therein fixed not less than 10 days nor more than 30 days after the
serving of the complaint; 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 courts of law or equity shall not be controlling in hearings before
the public officer.
If, after such notice and hearing, the public officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state in writing his findings of fact
in support of such determination and shall issue and cause to be served
upon the owner thereof and parties in interest an order:
If the repair, alteration or improvement of the building can
be made at a reasonable cost in relation to the value of the building,
requiring the owner, to the extent and within the time specified in
the order, to repair, alter or improve the building to render it fit
for human habitation, or occupancy, or use, or at the option of the
owner, to vacate and close the building as a human habitation; or
occupancy, or use or:
If the repair, alteration or improvement of the building cannot
be made at a reasonable cost in relation to the value of the building,
requiring the owner, within the time specified in the order, to remove
or demolish the building.
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; and 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; the use or occupation of this building for human
habitation or occupancy, or use is prohibited and unlawful.”
It shall be unlawful for any person to own, have, keep, maintain
or live in any building on which there has been posted a placard as
herein provided for, or to remove or cause the removal of any posted
placard.
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.
The amount of the cost of such repairs, alterations or improvements
or vacating and closing, or removal or demolition shall be a municipal
lien against the real property upon which such cost was incurred.
If the building is removed or demolished by the public officer, he
shall sell the materials of such building and shall credit the proceeds
of such sale against the cost of the removal or demolition and any
balance remaining shall be deposited in the Superior Court by the
public officer, shall be secured in such manner as may be directed
by the court, and shall be disbursed by the court to the persons found
to be entitled thereto by final order or decree of the court; provided,
however, that nothing in this section shall be construed to impair
or limit in any way the power of the borough to define and declare
nuisances and to cause their removal or abatement, by summary proceedings
or otherwise.
The public officer may determine that a building is unfit for
human habitation or occupancy, or use, if he finds that conditions
exist in the building which are dangerous or injurious to the health
or safety of the occupants of such building, the occupants of neighboring
buildings or other residents of the borough; without limiting the
generality of the foregoing, such conditions may include the following:
defects therein increasing the hazards of fire, accident or other
calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation; disrepair; structural defects; uncleanliness.
It shall be unlawful for any person to have, keep or maintain
a building that is unfit for human habitation, or occupancy, or use,
or which is dangerous or injurious to the health or safety of the
occupants of the buildings or the occupants of neighboring buildings
or other residents or people in the borough as specified in this section.
Any complaint or complaints, order or orders issued by the public
officer pursuant to the provisions of this section shall be served
upon persons either personally or by registered mail, but if the whereabouts
of such persons is unknown and the same cannot be ascertained by the
public officer in the exercise of reasonable diligence, the public
officer shall make an affidavit to that effect and then the serving
of the 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 borough, or, in the absence of a newspaper, in
one printed and published in Ocean County and circulating in the borough.
A copy of the complaint or order shall be posted in a conspicuous
place on the premises affected by the complaint or order. A copy of
the complaint or order shall be duly recorded or lodged for record
with the clerk of the County of Ocean.
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 the other powers herein granted:
a.
To investigate
the building conditions in the borough 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 appoint
and fix the duties of officers, agents and employees as he deems necessary
to carry out the purpose of this section.
e.
To delegate
any of his functions and powers under this section to such officers
and agents as he may designate.
Any repair, alteration, improvement, removal or demolition as
above provided, may be performed by the borough, through its proper
officers or employees, or the borough may contract with other person
to render such service on behalf of the borough, under its control
and direction, and pursuant to specifications showing in detail the
service to be rendered and to rules and regulations adopted by the
board of commissioners for the same, and upon ample security for proper
performance being given to the borough. The procedure to be followed
in entering into any such contract shall be in accordance with R.S.
40:48-5, as amended and supplemented. The borough may recover the
cost thereof from the owner by action at law, which action shall be
in addition to any other remedy provided for by this section and shall
not make void any lien upon real estate provided for by this section,
nor prevent the imposition of any penalty imposed for violation of
this or any other ordinance of this borough.
As used in this chapter:
The holder of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in possession thereof.
Any housing authority of any officer who is in charge of
any department or branch of government of the borough relating to
health, fire, building regulations, or to other activities concerning
buildings in the borough.
The officer or officers who are authorized by this chapter
to exercise the powers prescribed by this chapter.
It is hereby found, determined and declared that excessive uniformity
or similarity in the exterior design and appearance of buildings erected
in the borough for occupancy by single or two families adversely affects
the desirability of immediate and neighboring areas for residence
purposes and in so doing impairs the benefits of occupancy of existing
residential property in such area, impairs the stability and value
of both improved and unimproved property in such areas, prevents the
most appropriate development of such areas, produces degeneration
and depreciation of residential property in such areas, deprives the
municipality of tax revenue which it otherwise would receive and destroys
a proper balance in relationship between the taxable value of real
property in such areas and the costs of municipal services provided
therefor, and for some or all of these reasons, results in a substantial
depreciation in the property value of the borough; and it is further
determined and declared that it is the purpose of this section to
prevent these and other harmful effects of excessive uniformity or
similarity in the exterior design and appearance of buildings erected
in the borough for occupancy as dwellings by single or two families
and thus to promote the general welfare of the community.
Except as provided in this section, no person shall build, alter
or relocate, and no building permit shall be issued for the erection,
relocation or exterior alteration of any building for occupancy as
a dwelling for one or two families if it is, will be made, or will
become similar or substantially similar, to any neighboring building
as hereinafter defined, then in existence or for which a building
permit has been issued, in more than three of the following respects:
a.
Substantially
identical facade;
b.
Height
of the main roof ridge, or, in the case of a building with a flat
roof, the highest point of the roof beams, above the elevation of
the first floor;
c.
Height
of the main roof ridge above the top of the plate (all flat roofs
shall be deemed identical in this dimension);
d.
Length
of the main roof ridge, or, in the case of a building with a flat
roof, length of the main roof;
e.
Width
between outside walls at the end of the building measured under the
main roof at right angles to the length thereof;
f.
Relative
location of windows in the front elevation or in each of both side
elevations with respect to each other and with respect any door, chimney,
porch or attached garage in the same elevation;
g.
In the
front elevation both:
1.
Relative
location with respect to each other of garage, if attached, porch,
if any and the remainder of the building.
2.
Either
height of any portion of the building located outside the limits of
the main roof, measured from the elevation of the first floor to roof
ridge, or, in the case of a flat roof, the highest point of the roof
beams, or width of the portion of the building if it has a gable in
the front elevation, otherwise length of the roof ridge or the flat
roof in the front elevation.
Buildings shall be deemed to be similar to each other in any
dimension with respect to which the difference between them is not
more than two feet. As to buildings between which the only difference
in relative location of elements is end to end or side to side, reversal
of elements shall be deemed to be similar to each other in relative
location of such elements.
In relation to the premises with respect to which permit is
sought, a building shall be deemed to be a neighboring building if
the lot upon which it or any part of it has been or will be erected
is any one of the following lots, as shown on the tax map of the borough:
a.
Any lot
on the street upon which the building to be erected on the premises
would front which is the first or the second lot next along the street
in either direction from the premises, without regard to intervening
street lines.
b.
Any lot
any part of the street line frontage of which is across the street
from the premises or from a lot referred to in paragraph a of this
subsection.
c.
Any lot
any part of the street line frontage of which faces the end of, and
is within the width of, another street, if there are less than two
lots between the premises and the end of the other street.
d.
Any lot
on another street which adjoins the premises.
e.
Any lot
any part of the street line frontage of which is across another street
from the premises or from a lot referred to in the paragraph d of
this subsection; provided, however, that notwithstanding any of the
foregoing provisions of this section, no building shall be deemed
to be a neighboring building in relation to the premises if its rear
elevation faces the street upon which the building which is to be
erected on the premises would front.
An applicant for a building permit for the erection, relocation
or exterior alteration of any building for occupancy as a dwelling
for one or two families, shall submit as a part of the application
drawings showing the design of the exterior appearance of the proposed
structure.
In any case in which the building inspector of the borough shall deny an application for a building permit solely or partly because of a supposed violation of the provisions of Subsection 12-6.2, he shall promptly send to the applicant, by prepaid mail addressed to the address of the applicant set forth in the application, a notice of his action which shall specify the ground of grounds upon which the same is based. Insofar as it relates to the provisions of Subsection 12-6.2, action of the building inspector shall be subject to administrative review only upon an appeal to the building board duly taken under Subsection 12-6.7.
Any person aggrieved by action of the building inspector in denying an application for a building permit solely or partly because of a supposed violation of the provisions of Subsection 12-6.2, and any interested person who claims that action of the building inspector in granting an application for a building permit violates such provisions may take an appeal therefrom to the building board by filing a notice of appeal, which shall specify the grounds thereof, with the building inspector and with the board within 15 days from the date of which such action was taken. Upon receipt of such notice of appeal, the building inspector shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken, and such appeal shall be heard by the building board in accordance with the provision of law governing the hearing of appeals by the board.
There is hereby created a building board which shall consist
of the same persons, serving the same terms, as the members of the
board of adjustment. Upon any such person ceasing to be a member of
the board of adjustment, he shall automatically cease to be a member
of the building board. The members of the building board shall be
appointed initially by the board of commissioners for terms to expire
on the date of expiration of their respective terms as members of
the board of adjustment, and subsequent appointments shall be for
terms of five years each. Vacancies shall be filled for the unexpired
term of the member whose place has become vacant.
Meetings of the building board shall be held at the call of
the chairman and at such other times as the board may determine. The
chairman, or in his absence, the acting chairman, may administer oaths
and compel the attendance of witnesses. The board shall keep minutes
if its proceedings, showing the vote of each member upon every question,
or if absent or failing to vote, indicating such fact, and shall also
keep records of its examinations and other official actions. The board
shall have the power to adopt, amend and repeal rules and regulations,
governing its procedure and the transaction of its business. A majority
of the members of the board shall constitute a quorum for the transaction
of business. Every rule or regulation, every amendment or repeal thereof,
and every order, requirement, decision or determination of the board
shall immediately be filed in the office of the board and shall be
a public record.
The building board shall hear appeals from any action of the
building inspector denying a building permit because of a supposed
violation of the provisions of this section and appeals from such
other rulings and in respect of such other matters as shall be placed
under its jurisdiction by the board of commissioners.
Unless the building board shall otherwise direct, an appeal
to it shall stay all proceedings in furtherance of the action from
which the appeal is taken.
The building board shall fix a reasonable time for the hearing
of each such appeal and shall give due notice thereof to the appellant
and to the municipal officials or the municipal board from whose action
the appeal is taken. The building board shall render a decision not
later than 30 days from the day of the hearing. If no decision shall
be rendered by the expiration of such thirty-day period, unless the
appellant shall have agreed to an extension, the action from which
the appeal was taken shall be deemed reversed. Hearings shall be open
to the public and upon a hearing any party may appear in person, by
an agent or by attorney.
Upon any appeal, the building board may reverse or affirm, wholly
or partly, or may modify the action from which the appeal was taken.
Upon a finding of practical difficulty or unnecessary hardship the
building board shall have the power in passing upon appeals to vary
or modify the strict application of this section, the terms of which
occasioned the action from which the appeal is taken, provided that
such relief can be granted without substantial detriment to the public
good and will not substantially impair the intent and purpose of this
section.
[Ord. No. 2021-19]
[Ord. No. 2021-09; amended 3-20-2023 by Ord. No. 2023-05]
Construction and demolition activity, whether performed by a
contractor, business owner, or homeowner, excluding emergency work,
shall be performed as follows:
Exceptions may be made to Subsection 12-9.1 above for the following circumstances:
[Ord. No. 2009-04]
Violation of any provision of this section shall be cause for
an enforcement document to be issued to the violator by the code enforcement
officer or law enforcement officer. The recipient of an enforcement
document shall be entitled to a hearing in the Municipal Court having
jurisdiction to contest such action.
[Ord. No. 2010-23; Ord. No. 2012-07]
Subject to the requirements of State law and any regulations
promulgated thereunder, prior to the issuance of a Certificate of
Occupancy for new construction or major renovation within the Borough
of Harvey Cedars, the property owner(s) shall have all utility lines
for electric, telephone, TV cable or other like or similar services
that serve residential and commercial customers, installed and placed
underground, subject only to the exceptions hereinafter stated; however,
above-ground placement, construction, modification or replacement
of meters, gauges, transformers, street lighting (including poles
upon which such street lighting is affixed) and service connection
pedestals shall be allowed.
Major renovation is defined as any construction which exceeds
50% of the replacement value of the structure on the property.
In the case of additions, alterations or repairs to existing
structures, the above requirements shall apply when additions, alterations
or repairs are made within any thirty-six-month period which costs
exceed 50% of replacement value of the existing structure or structures
on a given building lot.
Above-ground placement, construction, modification or replacement
of lines shall be allowed in residential and commercial areas where
the Board of Commissioners, following consideration and recommendation
by the Planning Board, finds that:
a.
Underground
placement would place an undue financial burden upon the landowner
or the utility company or deprive the landowner of the preservation
and enjoyment of substantial property rights; or,
b.
Underground
placement is impractical or not technically feasible due to topographical,
subsoil or other existing conditions which adversely affect underground
utility placement.
c.
Notwithstanding
any other provision of this Ordinance, existing or future infrastructure
(which shall include, but not be limited to poles, wire, cables, transformers
and other equipment) of Atlantic City Electric Company, its successor
and assigns, along public streets and rights of way shall be exempt
from the requirement of this ordinance.
Above-ground placement of temporary service lines shall only
be allowed:
All utility lines shall be placed within appropriate easements
or dedicated public ways so as to cause minimum conflict with other
underground services. Whenever feasible or required under State law
and any regulations promulgated thereunder, all utilities shall be
placed within the same trench.
[Ord. No. 2009-06]
Nothing in this section shall be construed to prevent repair,
maintenance, replacement or modification of existing overhead utility
lines.
[Amended 5-5-2023 by Ord. No. 2023-07]
Gas-powered electric generators and gas-powered air compressors
shall be prohibited on construction sites or during any construction
project. If electric service is not available on site, a temporary
electric power pole shall be installed and activated for electric
power.
[Ord. No. 2020-13; amended 5-5-2023 by Ord. No. 2023-07]
Exceptions may be made in case of urgent necessity in the interest
of public health and safety with prior approval from the Construction
Official.
