Borough of Atlantic Highlands, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by Mayor and Council of Borough of Atlantic Highlands 12-28-1976 by Ord. No. 686; amended in its entirety 2-8-1977 by Ord. No. 688. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Development regulations — See Ch. 150.
Fire prevention — See Ch. 178.
Flood damage prevention — See Ch. 183.
Sewer use — See Ch. 285.
Stormwater control — See Ch. 306.
Stormwater management — See Ch. 311.
A. 
There is hereby established in the Borough of Atlantic Highlands a State Uniform Construction Code enforcing agency to be known as the "Atlantic Highlands Uniform Construction Code Enforcing Agency," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the Enforcing Agency.
B. 
Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended, and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position.
C. 
The public shall have the right to do business with the Enforcing Agency at one office location, except for emergencies and unforeseen or unavoidable circumstances.
A. 
There is hereby established a Construction Board of Appeals to hear appeals from decisions by the Enforcing Agency. Such Board shall consist of five members. At least one board member shall be a registered architect or licensed professional engineer of building construction experience, and at least one Board member shall be as qualified as a Plumbing Subcode Official and one as qualified as an Electrical Subcode Official. No more than two Board members shall be selected from the same business or profession. Each Board member shall have had at least three years' experience in construction, design or supervision as a licensed engineer or registered architect or, in the alternative, five years' experience in construction, design or supervision as an architect or engineer with a bachelor's degree in architecture or engineering, respectively, from an accredited institution of higher education or, as a further alternative, 10 years' experience in construction, design or supervision as a journeyman in a construction trade or as a construction contractor, subcontractor or inspector.
B. 
Appointment; terms of office.
(1) 
The governing body shall appoint the Board members and any alternate members. For the members first appointed, the governing body shall designate the appointees' terms so that one shall be appointed for a term of one year, one for a term of two years, one for a term of three years and two for terms of four years. At the expiration of such terms and thereafter, appointments shall be made for terms of four years. Vacancies shall be filled for the unexpired term.
(2) 
The governing body shall appoint such number of alternates as may be appropriate, for terms not to exceed four years, or may, in the alternative, appoint alternates on a case-by-case basis.
(3) 
No regular or alternative Board member may be a member of the Enforcing Agency, the decisions of which are subject to the review of the Board.
C. 
Regular and alternate members will not be compensated unless otherwise ordered by a duly passed resolution of the governing body. Said resolution must contain the rate of compensation and the direction to the appointing authority to establish such compensation.
[Amended 3-8-1977 by Ord. No. 691; 3-22-1977 by Ord. No. 694; 10-11-1977 by Ord. No. 710; 4-25-1978 by Ord. No. 723; 1-23-1986 by Ord. No. 868; 6-26-1990 by Ord. No. 970-90; 8-12-1998 by Ord. No. 15-98; 6-12-2002 by Ord. No. 10-2002; 4-9-2003 by Ord. No. 2-2003][1]
A. 
Inspection Department.
(1) 
State of NJ training fees. This fee shall be in an amount per cubic foot of volume for new buildings and additions as provided in Chapter 168, Article II. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28.
(a) 
No training fee shall be collected for preengineered systems of commercial farm buildings.
(b) 
No training fee shall be collected for permits to perform asbestos or lead abatement.
(2) 
General fees.
(a) 
The fee for plan review shall be as provided in Chapter 168, Article II.
(b) 
The fee to be charged for a construction permit will be the sum of the basic construction fee plus all applicable special fees. This fee shall be paid before a permit is issued.
(c) 
The fee to be charged for a certificate of occupancy shall be paid before a certificate is issued. This fee shall be in addition to the construction permit.
(d) 
All fees shall be rounded to the nearest dollar.
(e) 
All fees shall be paid in cash, check or money order payable to the Borough of Atlantic Highlands.
(3) 
Fee schedule.
(a) 
The basic construction permit fee shall be the sum of the parts computed on the basis of volume or cost of construction, the number of plumbing fixtures and pieces of equipment, the number of electrical fixtures and rating of electrical devices, the number of sprinklers, stand pipes and detectors (smoke and heat) at the unit rates and/or the applicable flat fees as provided herein plus any special fees. The minimum fee for a basic construction permit covering any an all of the technical subcodes shall be as provided in Chapter 168, Article II.
(b) 
For the purpose of determining estimated cost for renovations, alterations, repairs, and the external utility connection for premanufactured construction, the applicant shall submit to the department such cost data as may be available and produced by the architect or engineer of record, or by a recognized estimating firm, or by the contractor. A bona fide contractor's bid, or contract if available, shall be submitted. The Construction Official and/or subcode official shall make the final decision regarding the estimated cost.
(c) 
The fee for an application for a variation in accordance with N.J.A.C 5:23-2.10 and the fee for resubmission of an application for a variation shall be as provided in Chapter 168, Article II.
(d) 
The fee to reinstate lapsed, suspended of revoked permits noted in N.J.A.C. 5:23-216(b) or N.J.A.C. 5:23-2.16(f) or otherwise shall be as provided in Chapter 168, Article II, per outstanding subcode.
(e) 
Any fee not specifically contained within this fee schedule shall be based upon the State of New Jersey Department of Community Affairs Fee Schedule.
B. 
Building subcode fees shall be as provided in Chapter 168, Article II.
C. 
Electric subcode fees.
(1) 
Fees for electrical fixtures and devices shall be as provided in Chapter 168, Article II. Receptacles, fixtures and devices to be counted for these parts are lighting fixtures, wall switches, convenience receptacles, sensors, dimmers, alarm devices, smoke and heat detectors, communications outlets, light standards 8 feet or less in height including luminaries, emergency lights, electric signs, exit lights or similar electric fixtures and devices rated 20 amps or less including motors or equipment rated less than 1 hp or 1 kw.
(2) 
Fees for service panels shall be as provided in Chapter 168, Article II.
(3) 
Fees for transformers/generators shall be as provided in Chapter 168, Article II.
D. 
Fire protection subcode fees shall be as provided in Chapter 168, Article II.
E. 
Plumbing subcode fees shall be as provided in Chapter 168, Article II.
F. 
Permit fees shall be as provided in Chapter 168, Article II.
(1) 
Certificate of occupancy fees shall be as provided in Chapter 168, Article II..
G. 
Special fees.
(1) 
A fee for processing/records shall be added to existing fees as calculated in Subsections A through F.
(2) 
The fees for land applications shall be as provided in Chapter 168, Article II.
(3) 
Building permit fees shall be as provided in Chapter 168, Article II.
(4) 
Certificate of occupancy property sale or tenancy change shall be as provided in Chapter 168, Article II.
H. 
Electronic submission of drawings and plans. Applications for construction permits submitting sealed plans and drawings shall be required to submit an electronic copy of all drawings in addition to required paper copies. The file shall be a CADD drawing of the work in a .pdf format as well as a .dwg, .dxf or other generally used format on a 3 1/2-inch diskette or CD and be accompanied by a sealed certification letter from a NJ licensed architect, engineer or surveyor. Upon completion of the project, a copy of as-built plans and drawings shall be submitted together with a sealed certification letter from a NJ licensed architect, engineer or surveyor containing a summary of the changes. The Construction Official may waive this requirement and substitute a fee as provided in Chapter 168, Article II, if electronic submission is unavailable or unduly burdensome to the applicant.
I. 
State permit fees. The state permit fee shall replace the state training fee, which shall be computed and assessed in accordance regulations set by the State of New Jersey.
J. 
Miscellaneous fees.
(1) 
Record copying fees shall be as provided in Chapter 168, Article II.
(2) 
Postage and packaging material fees shall be as provided in Chapter 168, Article II.
(3) 
Geographic information system fees shall be as provided in Chapter 168, Article II.
(4) 
Waiver of fees. Fees below an amount as provided in Chapter 168, Article II, shall be waived.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 3-24-2010 by Ord. No. 05-2010]
A. 
Policy statement. It is in the best interest of the Borough of Atlantic Highlands and its citizens that development within the Borough is conducted in a manner that is in conformance with applicable zoning regulations and, more particularly, that structures be located on properties in accordance with the regulations of the Borough and in compliance with any plans that have been approved by the Zoning Officer, Construction Official or the Unified Planning Board pursuant to development applications for subdivision, site plan or variance relief to insure their conformance with the Zoning Ordinance and approved plans and to insure that grading of properties being developed is accomplished in a manner that will not have adverse drainage and stormwater impacts upon surrounding lands.
B. 
Purpose. It is the purpose of this section to establish controls to insure that buildings and structures are located in accordance with the regulations of the Borough and in accordance with any development permits or approvals received for such structures. It is also the purpose of this section to establish controls to insure that the grading of properties in connection with development is such that there will be no adverse drainage and stormwater impacts upon surrounding parcels.
C. 
This section shall be applicable to any development for which approval was required by the Planning Board unless the Planning Board grants a waiver thereof. It shall also apply to the construction of any structure, whether an entirely new improvement or an addition to an existing structure, that does not require Planning Board approval but that has a new foundation exceeding 300 square feet in area unless the Zoning Official grants a waiver thereof.
D. 
Foundation location survey. All construction permits issued by the Borough to which this section applies shall be subject to the requirement that the owner or developer provide a foundation location survey prepared by a New Jersey licensed professional land surveyor at the time installation of the foundation is completed. The survey shall indicate the location and height of the foundation and shall be in accordance with the approved plan. No foundation approval shall be issued without a completed location survey approved by the Construction Official or Zoning Officer. Any deviation from the requirements of the Borough ordinance, permits or approvals granted in connection with the development shall be corrected and an updated foundation survey shall be submitted prior to further work being performed. No further construction or assemblage of materials above the foundation is to occur prior to the approval of the foundation location.
E. 
As-built survey. The owner or developer of property being developed with new buildings, structures or additions to existing buildings that exceed 300 square feet in area shall provide a final as-built survey demonstrating that the new construction was built substantially in accordance with the approved plan. The as-built survey shall include site grading, foundation location, foundation height, building height, yard setbacks, tree location, shrubbery and landscape placement. No final certificate of occupancy shall issue without the approval of the as-built survey by the Construction Official. In appropriate circumstances, the Construction Official or Zoning Official may defer review of the as-built survey to the Borough Engineer.
F. 
Grading plan.
(1) 
Borough approval shall be required for any grading or regrading of a property in all zones in accordance with the following schedule, unless waived by the Zoning Official or Borough Engineer, in making such determination. Notwithstanding the grant of any waiver, such waiver shall be subject to the provisions of Subsection F(9) hereinafter.
(a) 
Criteria to require Borough approval:
[1] 
New building construction: 300 square feet or more.
[2] 
Removing soil from a property: any removal.
[3] 
Fill with soil from outside a property: 10 cubic yards or more.
[4] 
Soil disturbance: 2,000 square feet or more.
[5] 
Height (maximum change in elevation): nine inches or more.
(b) 
The existence of any one of the criteria listed shall require the submission of a grading plan or securing a waiver therefrom.
(2) 
Approval of a site plan or subdivision by the Municipal Agency which shows soil removal, importation or grading, or approval of a grading plan by the Zoning Official, who may seek the advice of the Borough Engineer, shall constitute Borough approval. Borough approval is for the purpose of minimizing impacts anticipated or not anticipated by this chapter to adjacent properties or Borough infrastructure. It is not for the purpose of confirming that the proposed grading is appropriate for meeting the property owner's objectives.
(3) 
If the applicant has received steep slope approval in accordance with § 150-78, grading plan approval is not required.
(4) 
Unless otherwise permitted by the Municipal Agency, or appropriate designee, a grading plan and/or accompanying information must conform to the following minimum standards:
(a) 
Existing and proposed grading information for the entire site, not just the limits of disturbance, must be shown.
(b) 
Show grading information on adjacent lots which clearly identifies drainage patterns. A minimum of 20 feet is required on adjacent lots. If the property is flat or if the drainage patterns are poorly defined, additional information may be required.
(c) 
Provide gutter and center line elevations on all abutting roads at fifty-foot intervals. If the lot frontage is 100 feet or less, a minimum of three elevations must be provided along the frontage; one at each property line and one in the center.
(d) 
Existing grading information must be taken from field surveys or identifiable aerial mapping of appropriate resolution (0.5 feet +/-).
(e) 
The source of the existing grading information must be identified.
(f) 
Show the location of all streams, bodies of water, regulated wetlands, or similar environmental features.
(g) 
Show all significant tree specimens four inches or greater in diameter, measured at four feet above the ground; including all dogwood, American holly, and mountain laurel.
(h) 
Show the locations of all existing and proposed principal and accessory structures.
(i) 
Show all existing and proposed subsurface drainage related elements, including but not limited to pipes, inlets, blind drains, wet wells, sump pump discharges, down spout/leader drains, dry well, etc.
(j) 
Show all existing and proposed improvements (principal and accessory) and grading changes with sufficient horizontal and vertical information to identify the limits of grading.
(k) 
Show all proposed soil erosion and sediment control measures, as well as proposed sequence of construction.
(l) 
Include the name and address of the property owner, and, if known, provide the name and address of the contractor, the name and address of the person responsible for the site grading, and a twenty-four-hour emergency contact telephone number.
(m) 
Include the name and the qualifications of the person preparing the plan.
(5) 
Wherever grading is to occur, necessary soil erosion prevention and protection consistent with industry best practices should be implemented to ensure work is undertaken with minimum impacts to the existing infrastructure and surrounding properties. As a minimum, a silt fence or barrier of equivalent or better protection must be installed around the limit of disturbance whenever there is a potential to impact an adjacent property or public infrastructure.
(6) 
Grading or other disturbance of property shall be accomplished in accord with approved plans, good industry practice and in a manner to avoid damage to any property, including public infrastructure, and to protect the health and safety of the public.
(7) 
The applicant shall be responsible to demonstrate to the satisfaction of the Borough Engineer or appropriate designee, that the proposed modification to the site grading or subject development will not adversely impact existing drainage patterns which may have a negative impact on neighboring properties or municipal infrastructure. Increases in stormwater runoff due to development should be mitigated in accordance with industry best practices.
(8) 
The Construction Official may seek advice from other Borough Officials to determine how best to address any soil erosion or drainage related problem.
(9) 
The Construction Official or Zoning Official may require the property owner to obtain an as-built survey of the completed site grading if any adverse drainage impacts occur to neighboring properties or municipal infrastructure. The property owner shall be responsible for implementing such corrective measures as may be deemed necessary or appropriate by the Borough Engineer, to eliminate the adverse impact upon the neighboring property.