[HISTORY: Adopted by the Township Council of the Township
of Brick 5-26-2009 by Ord. No. 31-09.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 245.
Sewers — See Ch. 352.
Soil removal and filling — See Ch. 383.
Streets and sidewalk — See Ch. 404.
[1]
Editor's Note: This ordinance repealed former Ch. 168, Engineering
Standards, adopted 9-23-1980 by Ord. No. 407-80 (Ch. 138 of the 1989
Code), as amended.
[Amended 3-10-2020 by Ord. No. 2-20]
A.
Except as otherwise provided in Chapter 245, Land Use, of the Code of the Township of Brick, none of the following categories of improvements shall be constructed or installed in the Township of Brick without first obtaining a permit from the Department of Engineering:
B.
The Township Engineer shall enforce the provisions of this chapter
and all applicable reference chapters by issuing required permits
and addressing those violations arising out of the failure of any
person or entity to apply for and obtain required permits. He shall,
from time to time, upon his own initiative or whenever directed by
the Township, inspect the premises for which permits have been granted
to ensure compliance with the terms of the permit and of the chapter.
He shall report all violations and take any action deemed necessary
for proper enforcement.
A.
Application fees.
(1)
All engineering permit applications shall be accompanied by a fee
as indicated on the applicable application form or as described in
the applicable sections of the chapter. The fees will be utilized
for plan review, inspection and any other activity necessary to process
the application.
(2)
If a permit is denied or withdrawn, no refund of fees will be permitted.
B.
Inspection fees. Inspection escrow accounts may be established to
cover the costs of inspections for certain improvements as indicated
on the applicable application forms or as described in the applicable
sections of the chapter.
C.
Performance guaranties. Performance guaranties may be required for
certain improvements as indicated on the applicable application forms
or as described in the applicable sections of the chapter. The Township
Engineer shall make a determination as to when performance guaranties
are required in light of the scope and nature of the work to be completed
and to calculate the appropriate amount to cover any damages to the
Township.
A.
Permit required. The clearing of fewer than 10 trees over nine inches in caliper, or the alteration of the existing grade on a lot in which the area of disturbance is less than two acres will require a permit from the Township Engineer or his representative and shall meet the requirements set forth in this section. The clearing of 10 trees or more over nine inches in caliper or the alteration of the existing grade on a lot in which the area of disturbance is two acres or more shall be in accordance with a plan approved by the Planning Board and shall meet the requirements of all applicable sections of the chapter. This provision shall not apply to clearing and grading necessary for the construction of one single-family house unless that construction is incidental to an application that is otherwise before the Planning Board or the Zoning Board of Adjustment, in which case such Board may impose requirements as set forth in this chapter where practicable. All such applications for a single-family house are to conform to the requirements of § 245-29 concerning submission of plot plans.
[Amended 3-10-2020 by Ord. No. 2-20]
(1)
No tree located on a lot having a caliper of more than nine inches
measured at a height of 12 inches from the finished or existing grade
level shall be removed unless such removal is approved by the Township
Engineer and a grading and clearing permit is issued.
(a)
All trees to be saved should be clearly tagged and inspected
by the Township Engineer or his designee, and the clearing limit line
should be delineated by a snow fence or other markings per the Township
Engineer's requirements prior to the issuance of the permit for clearing
and grading.
(b)
For each tree over nine inches in caliper that is removed, the
applicant shall prepare a replanting scheme on other treeless portions
of the property. The resulting amount of plantings should be one per
every 2,000 square feet of property left without trees after the proposed
clearing is completed.
(c)
The Township Engineer may also require that if the site to be
cleared does not permit the replanting of the trees that are to be
cut down on the site, an off-site tract may be selected for such replanting,
and a replanting plan shall be prepared by the applicant, compensating
for the tree removal in an amount based on one tree per every 2,000
square feet of property left without trees after the proposed clearing
is completed. All trees and the types of trees and the method of planting
shall be in accordance with the applicable sections of the Land Use
Development Regulations of the Code of the Township.[1]
(d)
In lieu of the replanting requirement specified above, the applicant shall pay a sum to be determined by the Township for the amount of trees as in Subsection A(1)(b) and (c), above not replanted into a dedicated Township account designated "the Brick Township Tree Bank Account." Any funds deposited in said account shall be utilized by the Township for the express purpose of planting trees at sites and locations to be determined by the Township Engineer, upon proper authorization from the governing body.
(2)
Where possible, land shall be graded so that all stormwater runoff
from each lot shall drain directly to the street. If impossible to
drain directly to the street, it shall be drained to a system of interior
yard drainage designed in accordance with the requirements of the
subdivision provisions or as otherwise required by the Township Engineer.
There shall be no change in grade within five feet of a property line.
Furthermore, there shall be no change in grade greater than three
feet within 15 feet from the property line. When necessary, a swale
shall be created in order to control surface runoff in a manner that
will protect abutting lands. All grading shall be subject to inspections
by the Township Engineer during, and upon completion of the construction.
(3)
Unless otherwise required by the Township Engineer, all tree stumps,
masonry and other obstructions shall be removed to a depth of two
feet below existing or finished grade, whichever is lower.
(4)
All soil removal or filling shall further conform to all requirements of Chapter 383, Soil Removal and Filling.
(5)
All fill material and/or topsoil shall conform to the requirements of Chapter 383, Soil Removal and Filling.
(6)
The minimum slope for lawns shall be 1.5% and for smooth, hard-finished
surfaces other than roadways, 1/2 of 1% (0.5%).
(7)
The maximum grade for lawns within five feet of a building shall
be 10%, and for lawns more than five feet from a building, 25%.
(8)
Retaining walls. The Township's requirements on retaining walls shall
include the following:
(a)
A permit is required prior to the start of construction on any
retaining wall over eight inches tall at its highest point which was
not specifically shown on an approved subdivision plan, site plan
or plot plan. Each such retaining wall application shall include sealed
engineering drawings, including plans, cross sections and design calculations.
(b)
As per N.J.A.C. 5:23-2.14(g), a permit is also needed from the
Construction Department for the construction, reconstruction, alteration
or demolition, of any retaining wall or walls which will have an impact
on the foundation of a structure.
(c)
An approved safety barrier shall be required in all cases where
the wall is more than 30 inches tall (at the highest point), subject
to the Engineer's review. Furthermore, an approved safety barrier
shall be required in wall systems containing a series of two or more
walls as determined in the course of the Engineer's safety review.
A "safety barrier" shall be defined for the purposes of this section
as an artificial barrier, not to include landscaping, which will prevent
a child from penetrating through to the other side of the barrier.
Specifications for safety barriers shall be as follows:
[1]
A safety barrier shall be at least four feet high.
[2]
A safety barrier shall be constructed of approved materials
in a manner that will prevent a child from penetrating it.
[3]
A safety barrier shall be located at the outer edge at the top
of the wall along its entire length.
[4]
In addition, in cases where a retaining wall is located close
to the edge or edges of a driveway, other barriers such as guide rails
may be required, subject to the Engineer's review.
(d)
Upon completion of the construction of any retaining wall over
30 inches, the owner or developer may be required to submit a statement
from a licensed professional engineer certifying that the wall was
constructed in accordance with the engineering design.
(9)
The developer, builder or owner shall take all necessary precautions
to prevent siltation of water bodies during construction. If required
as a condition of an approved site plan or preliminary plat or by
the Township Engineer during construction, the developer shall provide
acceptable provisions to prevent all deposition of silt or other eroded
material in any watercourse. Such provisions may include, but are
not limited to, construction and maintenance of siltation basins or
holding ponds throughout the course of construction.
B.
Permit fees.
(1)
The application fee will be as indicated on the "Application for
Grading and Clearing Permit" form.
(2)
In addition, plan review fees and performance bonds may be required
contingent upon the magnitude of the work proposed.
(3)
In addition to engineering fees, fees for retaining walls requiring
Construction Department approval are subject to fees as required by
the Construction Department fee schedule.
C.
Enforcement. The Township Engineer shall enforce the provisions of
this section including, but not limited to, those violations arising
out of the failure of any person or entity to apply for and obtain
a grading and/or clearing permit. He shall, from time to time, upon
his own initiative, or whenever directed by the Township, inspect
the premises for which permits have been granted to ensure compliance
with the terms of the permit. He shall report all violations and take
any action deemed necessary for proper enforcement.
D.
Revocation of permit; violations and penalties. After notice and
an opportunity to be heard before the Township Engineer, the permit
of any person may be revoked or suspended for such period as the Township
Engineer may determine for any violation of the terms hereof or the
terms and conditions of any permit granted hereunder. In addition
to the revocation provided for herein, any person who violates this
section or any director or officer of a corporation who participates
in a violation of this section shall, upon conviction thereof, be
subject to a maximum fine of $2,500, or imprisonment for a period
not to exceed 90 days, or both. Each and every day that such violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense.
A.
No person, firm or corporation shall:
(1)
Begin to or continue to dig, pump out or construct a boat basin,
boat docking facility, lagoon, stream, channel, marina or other area
where natural earth is moved and water substituted therefor, in whole
or in part, unless and until a engineering permit is obtained for
such digging, pumping or construction, including the proper bulkheading
of the said basin, facility, lagoon, stream, channel, marina or area,
from this municipality, through its Township Engineer, and which engineering
permit shall include the construction of bulkheading as hereinafter
provided. The Township Engineer may issue said permit for and on behalf
of the Township when proper application has been made therefor, proper
plan thereof submitted with application and correct fee paid for engineering
permit.
(2)
Construct a boat basin, boat docking facility, bulkhead, dock, pier,
boat lift, or other water use structure, in whole or in part, unless
and until an engineering permit is obtained for such construction
from this municipality, through its Township Engineer, and which engineering
permit shall include the construction as hereinafter provided.
(3)
Use any boat basin, boat docking facility, bulkhead, dock, pier,
boat lift, stream, lagoon, channel, marina or other area referred
to in either of the two preceding subsections, unless and until the
said engineering permit therefor has been issued and has been therefor
paid, and the construction of the improvement covered by the engineering
permit has been completely constructed, and the said construction
inspected and approved by the municipality through its Township Engineer.
(4)
Proceed to do any of the acts mentioned in the three preceding subsections
until the applicant has made a written application to the municipality,
through its Engineering Department, for a permit to construct said
items as the applicant may desire to construct, and shall have paid
the proper fees for construction.
(5)
Pump, truck or otherwise transport any of the sand, soil, mud or
other earth dug in or from Brick Township in connection with any of
the projects covered by this chapter to any other municipality or
place outside Brick Township.
(7)
Fail, neglect or refuse to get a use permit from the Board of Adjustment
or Planning Board for construction or operation, or both, where necessary
under the zoning or other ordinance or ordinances of municipality.
(8)
Fail, neglect or refuse to get a permit from the NJDEP for the construction
of any waterfront improvement, the permit of which would be required
prior to issuance of an engineering permit.
(9)
Have the soil and water or either pumped out or removed from the
basin, facility, stream, channel, marina or other area in such a manner
that the surface of the area where the residue of said pumping or
removal is placed shall properly drain and so that such pumping or
removal shall not cause or permit water to stand or pond thereon to
be the cause of blocking the other drainage of lands in the immediate
vicinity of such pumping, removal or placing of residue.
B.
Plans required.
(1)
Two copies of plans shall be submitted to the Township Engineer to
accompany any permit application for new bulkheads, docks, piers,
boat lifts or the construction of any other improvement within a boat
basin, boat docking facility, lagoon, stream, channel or any other
water body. The plan shall be utilized to review the project for compliance
with all applicable Township and state requirements.
(2)
The Township Engineer will review the submitted documents and either
disapprove or approve the submitted plan. The applicant will be notified
if any revisions are required. If approved, the Township Engineer
will issue a permit.
(3)
Each plan shall be drawn to scale (not less than one inch equals
50 feet), signed and sealed by a professional, as defined in N.J.A.C.
13:40-7.3, licensed to practice in the State of New Jersey or a manufacturer's
construction detail illustrating products to be used (size, weight,
length, etc.) for individual site conditions provided by a representative
of the site contractor and shall be no smaller than 8 1/2 inches
by 14 inches.
(4)
Plans shall include the information outlined on the bulkhead/dock
checklist provided with the application form.
C.
Standards for construction of bulkheads, docks, piers and other structures.
[Amended 3-10-2020 by Ord. No. 2-20]
(1)
Shallow-water or deep-water bulkheads.
(a)
Bulkheads shall be designed either for shallow-water bulkhead
or deep-water bulkhead, as the case in point may necessitate. Sheeting
shall be timber, vinyl, or other acceptable material designed and
installed in accordance with the manufacturer's specifications.
(b)
The particular circumstances, conditions and nature of the project
in question, when taken into consideration with the designs for the
shallow-water bulkheads and deep-water bulkheads aforesaid, shall
and will govern which type of bulkhead should and must be used in
a given circumstance. If any question arises as to the type of bulkhead
to be constructed in a given area, the Township shall make the final
determination through its Engineering Inspector, and, upon written
application, the municipality will furnish any applicant with a written
determination upon the applicant filing a proper application for a
permit and paying the proper fee as provided in this chapter.
(2)
All timber used, except as noted below, shall be new and unused Douglas
fir, Southern yellow pine, cypress, cedar or oak.
(3)
Treated piling, wales, sheet piling, and decking shall be Douglas
fir, Southern yellow pine or cypress.
(4)
Sheet piling shall be tongue and groove.
(5)
Anchor piles and anchor logs may be untreated oak or pine.
(6)
All piles and timber shall be to the plan dimensions shown on the
designs for said items.
(7)
All hardware used in the construction shall be new, unused and galvanized.
All such hardware shall be to the dimensions shown in the respective
designs.
(8)
All bulkheads shall be erected true to lines and grades shown in
the application for a permit and in said permit and shall be properly
backfilled so they will remain firm and in place.
(9)
All bulkheads shall be constructed in a thoroughly good workmanlike
manner.
(10)
All bulkheads shall be constructed with a minimum top of sheet/cap
elevation of 4.0 in the 1988 NAVD Vertical Datum.
D.
Maintenance of existing docks, bulkheads, piers and lifts.
[Added 9-23-2014 by Ord. No. 25-14]
(1)
All docks or bulkheads which are or hereafter shall become unsafe,
which constitute a fire hazard or which are otherwise dangerous to
human life or the public welfare shall be deemed a nuisance. All docks
or bulkheads shall be repaired, removed, demolished or made safe and
secure, as the Township may deem necessary.
(2)
If a dock or bulkhead is found to constitute a nuisance as aforesaid,
the Township shall cause to be served on the owner, agent or person
in control of the dock or bulkhead a written notice describing the
dock or bulkhead deemed a nuisance and specifying the required repairs
or improvements to be made or requiring said dock or bulkhead or applicable
portion thereof to be removed or demolished within 15 days of receipt
of notice.
(3)
If the person addressed with notice aforesaid cannot be found within
the Township after diligent search, then such notice shall be sent
by certified mail to the last known address of such person, and a
copy of the notice shall be posted in a conspicuous place on the premises,
and such procedure shall be deemed the equivalent of personal notice.
(4)
The refusal or neglect of the owner or person served with an unsafe
notice to comply with the requirements of the order to correct or
abate the nuisance shall constitute a violation of this chapter.
[Added 3-14-2023 by Ord.
No. 2-23]
A.
This section of the Township of Brick Code is applicable to any person
or entity wishing to engage in dredging and/or material disposal in
accordance with the Township's New Jersey Department of Environmental
Protection and Army Corp of Engineers maintenance dredging authorizations.
Any and all dredging that exceeds these Township authorizations shall
require individual permits from the New Jersey Department of Environmental
Protection and Army Corp of Engineers.
B.
Brick Township's dredging permits cover dredging beyond five
feet from existing bulkheads to a maximum depth of negative five feet
mean low water (plus one foot over dredge allowance).
C.
No person, firm or corporation shall begin to or continue to dig,
pump out or dispose of soil material from a boat basin, boat docking
facility, lagoon, stream, channel, bay, marina or other area where
earth is moved and water substituted therefor for increased water
area or depth, in whole or in part, unless and until an engineering
permit is obtained for such digging, pumping, transporting and disposal
of dredge material.
E.
A dredging engineering permit application shall be filed by a contractor
meeting the qualifications outlined herein. No permit shall be issued
to an individual, company or corporation not meeting said qualifications.
(1)
Contractor (legal name and address);
(2)
A valid NJ business registration;
(3)
Certificate of insurance ($1,000,000 minimum with the property
owner and the Township of Brick listed as additional insured);
(4)
Contractors shall provide a summary of three similar projects
performed within the past three years, including a description of
the project, work performed, and details of the owner. The statement
of prior experience/qualifications shall include:
(a)
Number of years dredging business as prime contractor.
(b)
Complete equipment list (owned/leased/rented).
(c)
Project list (last three years).
(d)
Permit compliance statement (three years).
(e)
List any violations on contracted projects.
(f)
Safety record, OSHA 300 log, EMR for past three years.
F.
Applications to dredge shall include the following minimum information:
(1)
Permit application signed by property owner and contractor.
(3)
Permit fee ($400 per residential property, $11,000 per commercial property plus inspection fees in accordance with § 168-4.1G).
(4)
Proposed project schedule.
(8)
Project list (last three years).
(10)
Proposed Township facility to be utilized.
(a)
Name (if applicable).
(b)
Address.
(c)
Site layout/dimensions required.
(d)
Performance bond for Township infrastructure utilized.
(e)
Engineer's estimate for bulkhead, drainage, pavement, and
any other utilities in the area that could be damaged (to be calculated
by the Township).
(f)
Dated video inspection before (provided prior to work activities)
and after work activities.
G.
H.
Additional information required for utilizing Township facilities
(street end bulkheads, NJDOT dredge hole 25, Township property, etc.).
(1)
Proposed facility to be utilized.
(a)
Name (if applicable).
(b)
Address.
(c)
Site layout/dimensions required:
[1]
Elevations and locations of bulkhead and storm structures (0.05
foot, plus or minus).
[2]
Bathymetry at street end (available from Township).
[3]
Pavement elevations.
[4]
Locations of aboveground and underground utilities (based on
utility mark-out).
[5]
Right-of-way location.
[6]
Equipment/staging location.
[7]
Method/detail of bulkhead protection.
[8]
Method of road, curb sidewalk, storm inlet/outfall protection
(as needed).
(d)
Performance bond (covers Township infrastructure utilized).
(e)
Township Engineer's estimate for bulkhead, drainage, pavement,
sidewalk, and any other utilities in the area that could be damaged.
(f)
Dated video inspection before and after work activities. This
must be provided prior to the commencement of work .
(2)
Work at street ends limited to the hours of 8:00 a.m. to 4:00
p.m., Monday through Friday.
(3)
Consideration for the use of Township property is independent
of any decisions made at any and all other locations and any and all
other times. Each circumstance is unique and the factors which the
Township considered are as determined necessary by the Township.
(5)
Contractor assumes responsibility to assure requested facility
meets contractor project requirements.
Any person, partnership, association, corporation or firm found
to be in violation of this chapter shall be subject to a maximum fine
of $2,000, or imprisonment for a period not to exceed 90 days, or
both. Each day of such violation's continuance shall be considered
as a separate violation and shall be separately punishable. The penalties
aforesaid shall be in addition to such other remedies as may be available
to the Township of Brick in the event of a violation of this chapter.
[Added 9-23-2014 by Ord. No. 25-14]
The Construction Official, the Chief of Police and Township
Engineer or their assigned designees shall have jurisdiction to enforce
the provisions of this chapter.
