CHAPTER XII
12-1 STATE UNIFORM CONSTRUCTION CODE ENFORCING AGENCY.
12-1.1 Enforcing Agency Created. 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.
12-1.2 Department of Building Administration. 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.
12-1.3 Duties of Building Administrator. 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.
12-1.4 Administrator Serve as Subcode Official. 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.
12-1.5 Enforce Provisions. 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.
12-1.6 Official Positions; Responsibility. 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.
12-1.7 Assistants and Personnel. 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.
12-1.8 Qualifications. 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.
12-1.9 Terms. The building administrator and all subcode officials shall be appointed for a term of four years, beginning January 1 of the year of appointment.
12-1.10 Compensation. 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 the salary ordinance of the borough.
12-1.11 Limitation on Outside Employment, Business.
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.
b. This subsection shall not apply to:
1. The ownership of stock or other investment instrument in any corporation listed on any national stock exchange;
2. Any such business or employment outside the State;
3. Dual employment by two or more enforcing agencies.
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.
12-1.12 Central Permit Office. The department of building administration shall maintain a central permit office at the Harvey Cedars Borough Hall. This office shall be open during normal business hours 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.
12-1.13 Public Right to do Business. 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.
12-2 FEE SCHEDULES.*
12-2.1 Fees. There are hereby established the following construction and subcode fees:
As per Schedule A.
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*Editors Note: Prior ordinances codified herein include Ordinance Nos. 77-3, 84-12, 85-7, 88-10 and 92-6.
1. BUILDING SUBCODE FEES.
Minimum Building Subcode Fee shall be $35.00
A. NEW CONSTRUCTION: Fees for new construction shall be based upon the volume of structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. Use groups and types of construction are as classified and defined in Articles 3 and 4 of the Building Subcode.
NEW CONSTRUCTION (except as in ii. and iii. below):
i. Per cubic foot of volume .. .. $0.024
OTHER USE GROUPS:
ii. Use Groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2 $0.013
iii. Structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(D) .. $0.0006
Maximum fee $850.00
B. RENOVATIONS, ALTERATIONS AND REPAIRS AND SITE CONSTRUCTION ASSOCIATED WITH PREMANUFACTURED CONSTRUCTION: Fee based on estimated cost of the work. To determine estimated cost, the applicant shall submit to the construction official such cost data as may be available produced by the architect or engineer of record, or by a recognized estimating firm, or by the contractor. A bona fide contractors bid if available shall be submitted. The Construction Official shall make the final decision regarding estimated cost.
i. $1.00 - $50,000.00 ..$20.00 per $1,000.00
ii. $50,001.00 100,000.00 ... ..add $16.00 per $1,000.00
iii. Over $100,000.00 .. . add $13.00 per $1,000.00
C. ADDITIONS: Fees shall be computed on the same basis as for new construction for the added portion.
D. COMBINATION RENOVATIONS AND ADDITIONS: Fees shall be computed separately in accordance with items A and B above.
E. TEMPORARY STRUCTURES: Temporary structures, towers, fences greater than six feet in height, open decks not attached to a principal or accessory structure, and similar structure for which volume cannot be computed ..$35.00
F. ROOFING: The fee for roofing or siding in R-3 and R-4 uses shall be $35.00.
G. Pools:
i. Above ground ... ..$35.00
ii. In ground . .$100.00
iii. Commercial . . .$200.00
H. BULKHEADS, DOCKS, WHARVES, PIERS: The fees shall be computed as an alteration.
2. PLUMBING SUBCODE FEES.
Minimum plumbing subcode fee shall be $35.00.
A. FIXTURES AND APPLIANCES: Per fixture, piece of equipment, vent or appliance connected to the plumbing system, and for each appliance connected to the gas or oil piping system, (except as listed in B) .$8.00
B. SPECIAL DEVICES: Grease traps, oil separators, water-cooled air conditioning units, refrigeration units, utility service connections, back flow preventers equipped with test ports (double check valve assembly, reduced pressure zone and pressure vacuum breaker backflow preventers), steam boilers, hot water boilers (excluding those for domestic water heating) gas or fuel oil piping, sewer pumps and interceptors, each $50.00
3. FIRE PROTECTION SUBCODE FEES.
Minimum fire protection subcode fee shall be $35.00
A. FIRE PROTECTION AND OTHER HAZARDOUS EQUIPMENT: Sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression systems, gas and oil fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums:
i. 1-20 heads . $50.00
ii. 21-100 heads . .. . .$85.00
iii. 101-200 heads .$165.00
iv. 201-400 heads . $425.00
v. 401-1,000 heads ..$585.00
vi. Over 1,000 heads ...$700.00
B. DETECTORS:
i. 1-12 detectors .$35.00
ii. For each 25 additional detectors .. .. .$10.00
C. Standpipe, each . $229.00
D. Independent pre-engineered system, each ..$92.00
E. Gas or oil fired appliance not connected to the plumbing system, each $46.00
F. Kitchen exhaust system, each . ..$46.00
G. Incinerator, each .$365.00
H. Crematorium, each . $365.00
4. ELECTRICAL SUBCODE FEES.
Minimum electrical subcode fee shall be $35.00.
A. FIXTURES OR RECEPTACLES: (Receptacles and fixtures shall include lighting outlets, wall switches, electric discharge fixtures, convenience receptacles or similar fixtures, and motors or devices of less than one horsepower or one kilowatt, burglar, fire and communication devices, etc):
i. 1-25 .. .$35.00
ii. For each 25 additional .. add $5.00
B. MOTORS OR ELECTICAL DEVICES (EACH):
i. One horsepower or kilowatt to 10 horsepower or kilowatts $9.00
ii. Greater than 10 horsepower or kilowatts
to 50 horsepower or kilowatts .. ..$40.00
iii. Greater than 50 horsepower or kilowatts
to 100 horsepower or kilowatts . ...$100.00
iv. Greater than 100 horsepower or kilowatts
to 1,000 horsepower or kilowatts. $200.00
v. Greater than 1,000 horsepower or kilowatts ...$450.00
C. TRANSFORMERS AND GENERATORS (EACH):
i. One kilowatt to 10 kilowatts .. $ 9.00
ii. Greater than 10 kilowatts to 45 kilowatts .. . $ 40.00
iii. Greater than 45 kilowatts to 112.5 kilowatts .. $100.00
iv. Greater than 112.5 kilowatts .. . $450.00
D. SERVICE PANELS, SERVICE ENTRANCE OR SUBPANEL (EACH):
i. Less than or equal to 225 amperes ...... .. $ 40.00
ii. Greater than 225 amperes to 600 amperes.. . $100.00
iii. Greater than 600 amperes to1,000 amperes. $200.00
iv. Greater than 1,000 amperes .. . .. $450.00
E. For the purpose of computing fees B. through D., all motors and devices including plug-in appliances shall be counted, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical current.
5. FEES APPLICABLE TO SUBSECTIONS 1 THROUGH 4. ABOVE
A. PLAN REVIEW FEE: Twenty percent of the amount to be charged for a new construction permit.
B. BASIC CONSTRUCTION FEE. The sum of the parts computed on the basis of the volume or cost of construction, the number of plumbing fixtures and equipment, the number of electrical fixtures and devices, and the number of sprinklers, standpipes, and detectors (smoke and heat) at the unit rates provided herein plus any special fees.
C. CERTIFICATES AND OTHER PERMITS:
i. Demolition or Removal Permit:
(a) Structures less than 5,000 square feet in area and less than 30 feet in height for one or two family residences (use Group R-3 of the Building Subcode), and for structures on farms including commercial farm buildings under N.J.A.C. 5:23-3.2(d).. $46.00
(b) All Other Use Groups .. $85.00
ii. Sign Permit: Permit fee to construct a sign shall be in the amount of $1.00 per square foot surface area of the sign, computed on one side only for double-faced signs.
iii. Certificate of Occupancy: . .. $28.00
iv. Certificate of Occupancy granted pursuant to a change of Use Group . .. $125.00
(a) $50.00 to Building
(b) $25.00 to Plumbing
(c) $25.00 to Fire
(d) $25.00 to Electrical
v. Certificate of Continued Occupancy ... $100.00
(a) $40.00 to Building
(b) $20.00 to Plumbing
(c) $20.00 to Fire
(d) $20.00 to Electrical
vi. Elevator Devices: The fee for elevator devices where applicable shall be in accordance with N.J.A.C. 5:23-12.6.
vii. Annual Permits:
(a) Construction Permit Flat fee based upon the number of maintenance workers who are employed by the facility, and who are primarily engaged in work that is governed by a subcode. Managers, engineers and clericals shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee.
(b) Annual permits may be issued for building/fire protection, electrical and plumbing.
(i) 1 to 25 works (including foremen), each .$667.00
(ii) Over 25 workers, each additional worker.. .$150.00
(c) Training Registration Fee to be paid prior to issuance of an Annual Permit, fee shall be submitted (payable to Treasurer, State of New Jersey), per subcode . $140.00
viii. Reinstatement of lapsed permit, per subcode .. . $35.00
ix. For cross connections and backflow preventors subject to testing and requiring reinspection, each device . $40.00
x. Mechanical inspections in a use group R-3 or R-4 structure by mechanical inspector:
(a) First device .. $43.00
(b) Each additional device . $10.00
12-2.2 All Code Agreement Amendment.
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.
12-2.3 12-2.11 Reserved.
12-2.12 Surcharge Fee. 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 $.0016 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.
12-2.13 Biannual Report. 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.
12-2.14 Fee Schedule Posted. 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.
12-2.15 Payment of Taxes. No certificate of occupancy or permit shall be issued pursuant to Chapter XII 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.
12-2.16 Temporary Certificate of Occupancy. When a certificate of occupancy is required for the transfer of property, a temporary 30 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.
12-2.17 Construction Shed. The fee for a permit for the construction of a shed shall be $.01 per cubic foot, provided that the minimum fee shall be $15.00.
12-3 MEANING OF TERMS.
Whenever a term used in this section is defined in the act or the regulations promulgated thereunder, such term is intended to have the meaning set forth in the definition of such term in the act or regulations unless a contrary intention is clearly and explicitly expressed from the context of this section.
12-3.1 Inconsistent Ordinances. All ordinances or sections thereof inconsistent with the terms of this section or the act or the regulations promulgated thereunder are to the extent of such inconsistency, superseded and repealed.
12-3.2 Copy to be Filed with State. Immediately upon the adoption of this section, the borough clerk shall file a certified copy of the same with the Commissioner of Community Affairs of the State of New Jersey.
12-4 UNFIT DWELLINGS.
12-4.1 Findings. 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.
12-4.2 Unfit Dwellings Prohibited. 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.
12-4.3 Public Officer Designated. The director of public affairs shall be designated as the public officer to exercise the powers prescribed by this section.
12-4.4 Complaint to Owner. 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.
12-4.5 Determination of Unfitness. 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.
12-4.6 Failure to Comply. 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.
12-4.7 Inhabiting Posted Building. 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.
12-4.8 Order to Remove or Demolish. 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.
12-4.9 To be Lien Against Property. 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.
12-4.10 Conditions Causing Unfitness. 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.
12-4.11 Unfit or Unsafe Buildings. 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.
12-4.12 Service of Complaint. 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.
12-4.13 Powers of Public Officer. 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.
12-4.14 Removal or Repair by Borough. 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.
12-5 DEFINITIONS.
As used in this chapter:
a. Public officer shall mean the officer or officers who are authorized by this chapter to exercise the powers prescribed by this chapter.
b. Public authority shall mean 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.
c. Owner shall mean the holder of the title in fee simple.
d. Parties in interest shall mean all individuals, associations and corporations who have interests of record in a building and any who are in possession thereof.
12-6 EXTERIOR DESIGN AND APPEARANCE OF BUILDINGS.
12-6.1 Findings. 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.
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.
12-6.3 Building Deemed Similar. 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.
12-6.4 Location of Similar Buildings. 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 not withstanding 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.
12-6.5 Building Permit, Exterior Drawings Required. 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.
12-6.6 Denial of Application. 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.
12-6.7 Appeal to Building Board. 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.
12-7 BUILDING BOARD.
12-7.1 Creation, Members. 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.
12-7.2 Meetings. 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.
12-7.3 Duty of Board. 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.
12-7.4 Hearing. 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 thirty 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.
12-7.5 Powers of Building Board. 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.
12-8 FLOOD DAMAGE PREVENTION.
STATUTORY AUTHORIZATION. The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1 et seq. delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Therefore, the Borough of Harvey Cedars of New Jersey does ordain as follows:
12-8.1 Findings of Fact.
A. The flood hazard areas of the Borough of Harvey Cedars are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
12-8.2 Statement of Purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. To protect human life and health.
B. To minimize expenditure of public money for costly flood control projects.
C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
D. To minimize prolonged business interruptions.
E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.
F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.
G. To insure that potential buyers are notified that property is in an area of special flood hazard.
H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
12-8.3 Methods of Reducing Flood Losses. In order to accomplish its purposes, this section includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities.
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
C. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters.
D. Controlling filling, grading, dredging and other development which may increase flood damage.
E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
12-8.4 Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
Appeal shall mean a request for a review of the construction code officials interpretation of any provision of this section or a request for a variance.
Area of shallow flooding means a designated AO, AH, or VO zone on a communitys Flood Insurance Rate Map with a one percent or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of special flood hazard shall mean the land in the flood plain within a community subject to a one percent or greater change of flooding in any given year.
Areas of special flood related erosion hazard is the land within a community which is most likely to be subject to severe flood related erosion losses. After a detailed evaluation of the special flood related erosion hazard area will be designated a Zone E on the Flood Insurance Rate Map.
Base flood shall mean the flood having a one percent chance of being equaled or exceeded in any given year.
Basement shall mean any area of the building having its floor subgrade (below ground level) on all sides.
Breakaway walls shall mean a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
Coastal high hazard area shall mean an area of special flood hazard extending from offshore to the inland limit of primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.
Development shall mean any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.
Elevated building shall mean a non-basement building (i) built in the case of a building in an area of special flood hazard to have the top of the elevated floor or in the case of a building in a coastal high hazard area to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, elevated building shall also include a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In areas of coastal high hazard, elevated building shall also include a building otherwise meeting the definition of elevated building even though the lower area is enclosed by means of breakaway walls.
Erosion shall mean the process of the gradual wearing away of land masses.
Flood or flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM) shall mean the official map on which the Federal Insurance Administration has delineated both the area of special flood hazards and the risk premium zones applicable to the community.
Flood Insurance Study (FIS) shall mean the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
Flood-related erosion shall mean the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by unusually high water level in a natural body of water, accompanied by a severe storm, or by unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
Flood-related erosion area or flood-related erosion prone area shall mean a land area adjoining the shore of a lake or other body of water, which due to the composition of the shore line or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion.
Flood-related erosion area management shall mean the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and flood plain management regulations.
Flood plain management regulations shall mean zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Highest adjacent grade shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic Structure shall mean any structure that is:
1. Listed individually in the Nature Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
2. Certified or preliminary determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
3. Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either
a. By an approved State program as determined by the Secretary of the Interior; or
b. Directly by the Secretary of the Interior in States without approved programs.
Lowest floor shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a buildings lowest floor, provided that such enclosure is not built so to render the structure in violation of other applicable non-elevation design requirements.
Manufactured home shall mean a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term manufactured home does not include a recreational vehicle.
Manufactured home park or manufactured home subdivision shall mean a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Mean sea level shall mean the average height of the sea for all states of the tide.
New construction shall mean structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
New manufactured home park or subdivision shall mean a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the flood plain management regulations adopted by the municipality.
Primary frontal dune shall mean a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves from coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from the relatively steep slope to a relatively mild slope.
Recreational vehicle shall mean a vehicle which is (a) built on single chassis; (b) 400 square feet or less when measured at the longest horizontal projections; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Sand dunes shall mean naturally occurring accumulations of sand in the ridges or mounds landward of the beach.
Start of Construction for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348) shall include substantial improvement and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start shall mean either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.
Structure shall mean a walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.
Substantial Damage shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the assessed value of the structure before the damage occurred.
Substantial improvement shall mean any, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50 percent of the assessed value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions, or,
(b) Any alteration of a historic structure, provided that the alteration will not preclude the structures continued designation as a historic structure.
Variance shall mean a grant of relief from the requirements of this section which permits construction in a manner that would otherwise be prohibited by this section.
12-8.5 General Provisions.
A. Lands to which this section applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Harvey Cedars.
B. Basis for establishing the areas of special flood hazard. The areas of special flood hazard for the Borough of Harvey Cedars, Community No. 345296, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
i. A scientific and engineering report Flood Insurance Study, Ocean County , New Jersey (All Jurisdictions) dated September 29, 2006.
ii. Flood Insurance Rate Map for Ocean County, New Jersey (All Jurisdictions) as shown on Index and panel numbers 0509, 0517 whose effective date is September 29, 2006.
The above documents are hereby adopted and declared to be a part of this ordinance. The Flood Insurance Study and maps are on file at Borough Hall, 7606 Long Beach Blvd., Harvey Cedars, New Jersey 08008.
C. Penalties
for noncompliance. No structure or land shall hereafter be constructed,
located, extended, converted, or altered without full compliance with the terms
of this section and other applicable regulations. Violation of the provisions
of this section by failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with
conditions) shall constitute a misdemeanor. Any person who violates this
ordinance or fails to comply with any of its requirements shall upon conviction
thereof be fined not more than one thousand dollars ($1,000.00) or
imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Harvey Cedars from taking such other lawful action as is necessary to prevent or remedy any violation.
D. Abrogation and greater restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of this section, all provisions shall be:
1. Considered as minimum requirements.
2. Liberally construed in favor of the borough board of commissioners.
3. Deemed neither to limit nor repeal any other powers granted under State statutes.
F. Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Borough of Harvey Cedars or by any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
12-8.6 Administration.
A. Establishment of development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established under subsection 12-8.5B of this section. Application for a development permit shall be made to the construction code official on forms furnished by him and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials; drainage facilities, and the location of the foregoing. Specifically, the following information is required.
1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures.
2. Elevation in relation to mean sea level to which any structure has been floodproofed.
3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria of subsection 12-8.7B.2.
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
B. Designation of construction code official. The construction code official is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.
C. Duties and responsibilities of the construction code official. Duties of the construction code official shall include, but not limited to:
1. Permit review.
(a) Review all development permits to determine that the permit requirements of this section have been satisfied.
(b) Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.
(c) Review all development permits to determine if the proposed development is located in the floodway.
(d) Review all development permits in the coastal high hazard area of the area of special flood hazard to determine if the proposed development alters sand dunes so as to increase potential flood damage.
(e) Review plans for walls to be used to enclose space below the base flood level in accordance with subsection 12-8.7C.2(d).
2. Use of other base flood and floodway data.
When base flood elevation and floodway data has not been provided in accordance with subsection 12-8.5B Basis for Establishing the Areas of Special Flood Hazard, the construction code official shall obtain, review, and reasonably utilize any base flood elevation and floodway data available form a Federal, State of other source, in order to administer subsection 12-8.7B.1 Specific Standards, Residential Construction and 12-8.7B.2 Specific Standards, Nonresidential Construction.
3. Information to be obtained and maintained.
(a) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
(b) For all new or substantially improved floodproofed structures.
(1) Verify and record the actual elevation (in relation to mean sea level), and
(2) Maintain the floodproofing certifications required in subsection 12-8.6A.3.
(c) In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the provisions of 12-8.7C.2(a) and 12-8.7C.2(b)(1) and (2) are met.
(d) Maintain for public inspection all records pertaining to the provisions of this section.
4. Alteration of watercourses.
(a) Notify adjacent communities and the New Jersey Department of Environmental Protection, Flood Plain Management Section and Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(b) Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood carrying capacity is not diminished.
5. Interpretation of firm boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this subsection.
D. Variance procedure.
1. Appeal board.
(a) The board of adjustment as established by the borough shall hear and decide appeals and requests for variances from the requirements of this section.
(b) The board of adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the construction code official in the enforcement or administration of this section.
(c) Any person aggrieved by the decision of the board of adjustment or any taxpayer may appeal such decision as provided by law.
(d) In passing upon such applications, the board of adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;