[HISTORY: Adopted by the Mayor and Council
of the Borough of Barnegat Light 6-10-1974 by Ord. No. 74-4 as
Sec. 3-4 of the Revised General Ordinances. Amendments noted where
applicable.]
The owner of any parcel or lot of land in the
borough which is below grade or which contains holes or depressions
below street grade shall fill the same with a clean fill to the grade
of the center of the street on which the lot fronts within 30 days
after service upon him of a notice to make such fill.
In the event of failure of a property owner
to make such fill within the time limit herein, such fill may be made
by the borough, and in such event the cost thereof shall become a
lien upon the lands involved and shall be added to and become a part
of the taxes next to be assessed against 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 in the same manner as
borough taxes on real property.
The notice required to be served upon the property
owner shall be signed by the Secretary of the Board of Health and
may be served upon all owners residing in the borough personally or
by leaving the same at their usual place of abode with a member of
the household above the age of 14 years. If the owner is not a borough
resident, the notice may be served upon him personally or upon his
agent in charge of the property or upon an occupant thereof or mailed
to such nonresident owner at his address as shown upon the tax records
of the borough.
Proof of affidavit of the service of such notice
shall be filed in the office of the Tax Collector.
[Added 7-16-1997 by Ord.
No. 97-8]
[Added 11-10-2021 by Ord. No. 2021-19; amended 12-8-2021 by Ord. No. 2021-21]
A.
No building permits shall be issued for new construction on any lands
west of Central Avenue unless said land is raised to either elevation
5.0 in NAVD 1988 Datum or a minimum of eight inches above the edge
of pavement street grade, measured at the rear of the lot. Should
the property be above elevation 5.0, the fill required shall be eight
inches above the edge of pavement street grade, measured at the midpoint
of the lot. All applications for a building permit shall include a
plot plan showing the existing and proposed grades in conformance
with this subsection. The use of retaining walls will be required
in order to contain the drainage and/or fill on the property, as directed
by the code enforcement/zoning officer. Retaining walls on corner
lots shall be required on adjoining property lines. Retaining walls
shall be installed prior to the placement of fill.
B.
In the case of additions, alterations or repairs to existing structures,
the above requirements shall apply when:
(1)
In the case of additions, alterations or repairs to existing structures
west of Central Avenue, the above requirements shall apply when the
size of additions, alterations or repairs exceed 75% of the square
footage of the existing structure or structures.
(2)
When any structure, on a building lot, is moved from its existing
foundation for the purpose of installing piling or to raise the structure
to a higher elevation.
(3)
The use of retaining walls will be required in order to contain the
drainage and/or fill on the property, as directed by the code enforcement/zoning
officer.
[Added 11-10-2021 by Ord. No. 2021-19; amended 12-8-2021 by Ord. No. 2021-21]
A.
In order to ensure proper drainage and to avoid impacts to neighboring
properties, all residential construction is required to maintain proper
drainage. In lots that require fill, a drainage system of perforated
and/or solid piping shall be installed to provide positive drainage
and discharge to the municipal street. The developer of any lot shall
install a drainage system on one or both sides of the structure and
all roof leaders shall be tied into the system for positive discharge
at the roadway. Typical layout details are provided at the end of
this chapter. The drainage system will be required in order to contain
the drainage and/or fill on the property, as directed by the code
enforcement/zoning officer.
B.
The following details and diagrams are hereby inserted at the end
of this chapter and are attached and incorporated herein as part of
this chapter, and are on file in the Borough Clerk's office:
(1)
Detail A,[1] a typical layout diagram of lot grading with 20 inches
of fill.
[1]
Editor's Note: Detail A is included as an attachment to this chapter.
[Added 11-10-2021 by Ord. No. 2021-19]
In the event the Building Department determines that the plot
plan must be reviewed by the Municipal Engineer, then the cost of
said review shall be borne by the applicant.
