Borough of Sea Girt, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 423 § 1a]
There is hereby established in the Borough a State Uniform Construction Code enforcing agency to be known as the Building Department of the Borough, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Officials, 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.
All personnel employed in the Building Department of the Borough shall be subject to the requirements and provisions of Chapter 8 Personnel Policies of this Code.
[Ord. No. 423 § 1b]
Each official position created in subsection 12-1.1 shall be filled by a person qualified for such position pursuant to N.J.S.A. 52-27D-119 et seq. 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 N.J.S.A. 52-27D-119 et seq. and N.J.A.C. 5:23 to hold each such position.
[Ord. No. 423 § 1c]
The public shall have the right to do business with the enforcing agency at one office location during regular business hours except for emergencies, and unforeseen or unavoidable circumstances.
[Ord. No. 423 § 2]
Appeals from decisions of the enforcing agency shall be heard by the appropriate agency of the County of Monmouth.
[Ord. No. 769 § 1]
The fee for plan review shall be 5% of the amount to be charged for a new construction permit.
[Ord. No. 769 § II; New]
The basic construction fee shall be the sum of the parts computed on the basis of the volume or the cost of construction, the number of plumbing fixtures and pieces of equipment, the number of electric fixtures and devices and the number of sprinklers, standpipes and detectors (smoke and heat) at the unit rates provided herein plus any special fees. The minimum fee for a basic construction permit covering any or all of building, plumbing, electric or fire protection work shall be $40, except as herein noted.
a. 
Building Volume or Cost. The fees for new construction, additions or alteration are as follows:
1. 
Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The new construction fee shall be in the amount of $0.02 per cubic foot of volume for buildings and structures of all use groups and types of structures of all use groups and types of construction. The minimum fee shall be $120.
2. 
Fees for renovations, alterations and repairs shall be based upon the estimated cost of the work. The fee shall be in the amount of $17 per $1,000 or fraction thereof up to a limit of $50,000 and over $50,000 an additional fee of $10 per each $1,000 or fraction thereof.
3. 
Fees for additions shall be computed on the same basis for new construction for the added portion.
4. 
Fees for combination renovation and additions shall be computed separately in accordance with items 2 and 3 above.
5. 
The fee for each fireplace shall be $46.
b. 
Plumbing Fixtures and Equipment Fees.
1. 
The fee shall be $12 per fixture connected to the plumbing system for all fixtures and appliances except as listed below.
2. 
The fee shall be $40 per special device for the following: grease traps, oil separators, air conditioning units, refrigeration units, water utility connections, sewer utility connections, back flow preventors, gas service entrances, active solar systems, sewer pumps, interceptors and fuel oil piping.
3. 
The fee shall be $40 for the installation of the backflow preventer for lawn sprinklers.
4. 
The fee shall be $33 for the installation of a boiler (hot water or steam).
5. 
The fee shall be $40 for gas piping.
c. 
Electric Fixtures and Devices Fees.
1. 
The fees for outlets (including lighting, wall switches, fluorescent fixtures, convenience receptacles or similar fixtures, and motors or devices of less than one horsepower or one kilowatt) shall be as follows:
Outlets (1 to 25)
$35
(26 to 50)
$35
Each additional 25 devices
$10
2. 
The fees for service panels shall be as follows:
0-200 amps
$50
201-1,000 amps
$75
1,001 and up
$500
3. 
The fees for transformers or generators shall be as follows:
1 kW to 10 kW
$10
11 kW to 45 kW
$50
46 kW to 112.5 kW
$75
More than 112.5 kW
$500
4. 
The fees for motors, except plug-in appliances shall be counted, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electric current shall be as follows:
1 HP to 10 HP
$10
11 HP to 50 HP
$50
51 HP to 100 HP
$75
more than 100 HP
$500
5. 
The fees for air conditioner feeders and disconnects shall be $25.
6. 
The fees for electrical inspection of pools shall be as follows:
Above-ground
$100
In-ground
$50
7. 
The fee for each of the following items shall be $10;
Electric heater
Heat pump
Electric dryer
Range
Surface units
Hot tubs/Jacuzzi
Hot water heater
Oven
Dishwasher
Gas/oil heaters
d. 
Fire Protection 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, Fireplaces and Flues.
1. 
The fee for sprinkler heads or detectors shall be as follows:
1 to 10 devices
$46
11 to 20 devices
$85
21 to 100 devices
$125
101 to 200 devices
$250
Over 200 devices
$750
2. 
The fee for each standpipe shall be $250.
3. 
The fee for each independent pre-engineered system shall be $125.
4. 
The fee for each gas or oil fired appliance which is not connected to the plumbing system shall be $40.
5. 
The fee for each commercial kitchen exhaust system shall be $85.
6. 
The fee for each flue attached to an oil or gas fired appliance shall be $40.
7. 
The fee shall be $40 for the installation of residential fuel tanks.
8. 
The fee shall be $40 for the installation of commercial fuel tanks up to 600 gallons and $125 for over 600 gallons.
e. 
Elevators. The fee for a permit to install an elevator shall be $40 per unit, plus costs charged by the Elevator Safety Unit of the State of New Jersey.
f. 
Relocation of Buildings or Structures and Demolition.
1. 
The fee for a demolition permit of a one or two family dwelling shall be $65; for the demolition of a garage or shed, the fee shall be $25; for the demolition of all other structures, the fee shall be $125.
2. 
The fee for the removal of an inground fuel storage tank shall be $40.
3. 
The fee for a permit to move a building or structure from one lot to another or to a new location on the same lot shall be $40 plus the cost of the new foundation. Fees for alterations to the building or structure for the placement in a completed condition in the new location shall be computed as required for renovations, alterations and repairs in Section 12-1.6.a.,2.
g. 
Swimming Pools. The fee for a permit to install a swimming pool shall be as follows:
Above-ground pool
$50
In-ground pool
$100
h. 
Certificates of Occupancy, Periodic Inspections and Miscellaneous Fees.
1. 
The fee to construct or install a sign greater than 25 square feet in surface area (one side) and over six feet in mounted height shall be $40.
2. 
The fee to erect a fence over six feet in height or surrounding a swimming pool shall be $40.
3. 
The fee for an asbestos removal permit shall be $70; and the fee for a certificate of occupancy after asbestos removal shall be $14.
4. 
The fee for a certificate of occupancy for new construction shall be $35 per unit.
5. 
The fee for a certificate of occupancy granted pursuant to a change of use group shall be $50.
6. 
The fee for a continued certificate of occupancy shall be $50.
7. 
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $50. The fee for a resubmission of an application for a variation shall be $25.
i. 
Surcharge. In order to provide for training, certification and technical support programs required by the Uniform Construction Code Act and the Regulations, the Enforcing Agency shall collect in addition to the fees, a surcharge of $0.00334 per cubic foot of volume of new buildings and additions. 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, and not later than one month next succeeding the end of the quarter for which it is due. The fee for all other construction shall be $1.70 per $1,000 value of construction.
[Ord. No. 423 § 4]
By amendment to this section in accordance with the provisions of N.J.A.C. 5:23, the Borough Council may establish fire limits. The boundaries of closely built commercial areas as they presently exist or are developing and as the areas shall be identified by written report of the Construction Official.
The Construction Official shall prepare and submit to the Borough Council biannually, on June 30 and December 31, a report reevaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official, and the Fire Subcode Official regarding those areas which should be designated as within fire limits, with the reasons therefor.
[Ord. No. 891 § 1]
The owner of any lot intending to construct or reconstruct thereon a building or structure or to construct thereon an addition to an existing building or structure which addition is in excess of 300 square feet, shall, in addition to meeting all building and zoning ordinance requirements for the zone wherein such lot lies, provide to the Borough of Sea Girt Construction Official the following:
a. 
Upon completion of the foundation, a survey, sealed by a licensed surveyor or engineer, showing the exact location of the foundation on the property together with a certification from the surveyor or engineer that the foundation was built according to the plan submitted to the Borough of Sea Girt in support of the building permit. This survey shall include details as to lot grading and stormwater drainage flow. Any construction which alters the flow of stormwater by diverting same onto adjoining properties shall not receive a certificate of occupancy until an appropriate stormwater management plan has been provided to and approved by the Borough Engineer. The survey and certification shall be provided before work to complete the structure shall proceed beyond the completion of the foundation.
b. 
Upon completion of the finished roof, a height certification from a licensed surveyor or engineer certifying that the framed and roofed structure complies with municipal height requirements and that the structure, when completed, shall continue to so comply. The method used to measure the height and the measurement(s) obtained thereby shall be included in the certification.
c. 
Upon completion of the structure and prior to the issuance of a certificate of occupancy, a sealed "as built" survey from a licensed surveyor or engineer.
[Ord. No. 891a.-i.; Ord. No. 913; Ord. No. 918; Ord. No. 2007-16; New; Ord. No. 15-2012; Ord. No. 12-2016; Ord. No. 05-2017; Ord. No. 16-2018]
a. 
Definitions:
1. 
CONSTRUCTION - Shall mean the construction, erection, reconstruction, alteration, conversion, demolition, removal, repair, painting or equipping of buildings or structures.
2. 
COMMERCIAL CONSTRUCTION - Shall mean any construction performed on a property by someone other than the property owner and/or their immediate family.
3. 
BUILDING - Shall mean a structure enclosed with exterior walls or fire walls, built, erected and framed of component structural parts, designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind.
4. 
STRUCTURE - Shall mean a combination of materials to form a construction for occupancy, use, or ornamentation, whether installed on, above, or below the surface of a parcel of land; provided the word "structure" shall be construed when used herein as though followed by the words "or part or parts thereof and all equipment therein" unless the context clearly requires a different meaning.
5. 
POWER EQUIPMENT - Shall mean equipment actuated by an additional power source and mechanism other than the solely manual labor used with hand tools.
6. 
RETAINING WALL, STEEL ORWOOD PILE WALL — Retaining wall, steel or wood pile walls are constructed by driving steel sheets or timber into a slope or excavation up to the required depth. Their most common use is within temporary deep excavations. They are considered to be most economical where retention of higher earth pressures of soft soils is required.
[Added 5-22-2019 by Ord. No. 05-2019]
b. 
All building and other permits shall be displayed so as to be visible to Borough Officials.
c. 
All excavation shall be enclosed with fencing.
d. 
All construction sites shall be enclosed with silt fencing supplemented with additional temporary fencing consisting of either chain link, safety barrier fencing of any color or wood slat (snow or sand) fencing properly supported with posts not less than every four feet that is not less than four feet in height and not to exceeding six feet in height, surrounding the perimeter of the construction site.
e. 
All construction debris shall be stored in containers.
f. 
The abutting street and sidewalk shall be kept free from dirt, sand and other materials. A temporary stone tracking pad, a minimum of 12 feet wide and 15 feet long, must be installed from the curb onto the construction site.
g. 
The abutting sidewalk shall be passable at all times during the period of construction.
h. 
All portable toilets shall be positioned at least 20 feet from the curb in a manner so the door accessing same is facing the rear of the property. All portable toilets must be cleaned and serviced at least once every seven days.
i. 
Only one contractor's sign is permitted on the construction site having a maximum size of six square feet and located at least 20 feet behind the front property line. Signs shall not be illuminated.
j. 
Construction is permitted during the following times:
[Amended 5-22-2019 by Ord. No. 15-2019]
1. 
Construction Hours Permitted.
Monday through Friday — 8:00 a.m. to 6:00 p.m.
Saturday — 9:00 a.m. to 5:00 p.m.
Except in the case of an emergency, no commercial construction shall take place on Sundays or on the public holidays of New Years Day, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas, but is permitted on those days if done solely by the property owner and/or their immediate family between 9:00 a.m. and 5:00 p.m. Commercial construction is also prohibited on Saturdays beginning on the Saturday of Memorial Day weekend in May and ending on Labor Day, inclusive, but is permitted if done solely by the property owner and/or their immediate family between 9:00 a.m. and 5:00 p.m.
2. 
Use of Power Tools. The use of power equipment or tools by both commercial operators and property owners for construction, repair or alteration of buildings, landscaping and lawn maintenance is permitted during the following times:
(a) 
Mondays through Fridays, (except on the public holidays of New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas), between the hours of 8:00 a.m. and 6:00 p.m.
(b) 
On Saturdays between the hours of 9:00 a.m. and 5:00 p.m. (Except the provision of services by commercial operators is not permitted on Saturdays beginning on the Saturday of Memorial Day weekend in May and ending on Labor Day, inclusive).
Individual property owners and/or their immediate family members are permitted to perform construction and/or landscaping work on all Saturdays, Sundays and the public holidays of New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas between the hours of 9:00 a.m. and 5:00 p.m.
(c) 
In the absence of a permanent connection to the power grid, property owner or his designated representative shall provide a temporary connection to the power grid to provide power to the site during the period of construction, repair or alteration of buildings in excess of 300 square feet.
k. 
Collection of garbage or trash by commercial collectors shall be done only between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday.
l. 
The off-loading and on-loading of track vehicles in the street is permitted subject to the following conditions:
1. 
A permit must be obtained from the Zoning or Code Enforcement Officer or his designee prior to delivery of the vehicle to the site;
2. 
The fee for said permit shall be $1,000;
3. 
The street area shall be protected with a cover consisting of a minimum 3/4 inch plywood sheets, rubber mats or some other material as recommended by the Zoning Officer.
m. 
The dry cutting of stone and concrete is prohibited.
n. 
All construction sites shall post on-site the following information: the block, lot and address of the property; the name, address and telephone number of the General Contractor and the rules and regulations for all construction sites distributed by the Zoning and Code Official so as to be visible to all Borough officials and subcontractors in a weather-proof manner at all times.
o. 
All excavations equal to or greater than five feet deep and five feet wide must include the installation of retaining wall to provide temporary support of soil and existing structures.
[Added 5-22-2019 by Ord. No. 05-2019]
1. 
Any excavation within 10 feet of a structure or driveway throughout the project shall be supported in such a manner that no caving will result from the excavations and that no driveway, structure or public or private property outside the project limits will be damaged. A sloped area no larger than 15 feet in width may be left open at the front of the excavation to allow for equipment access into the excavation.
2. 
The property owner shall submit signed and sealed plans for the shoring, designed by an engineer licensed in the State of New Jersey and shall be included with the application for zoning approval.
p. 
The requirement of Subsection o, the retaining wall of an excavation, shall be waived upon the submission of a written agreement, witnessed by a notary public licensed by the State of New Jersey, between the owner of the site upon which the construction will occur and the owners of properties adjacent to the side and rear setbacks of the site upon which the construction will occur. Said agreement must be submitted to the Zoning Official of the Borough prior to the commencement of any construction activity. The requirements of Subsection o shall remain in full force and effect if the written agreement(s) between all the parties is not submitted prior to the commencement of construction.
[Added 5-22-2019 by Ord. No. 05-2019]
[Ord. No. 918 § 3]
None of the restrictions or prohibitions contained in this section shall apply to Beachfront operations conducted by the Public Works Department.
[Ord. No. 891 § 3; New; Ord. No. 09-2014; Ord. No. 05-2017 § 3; Ord. No. 16-2018]
Unless otherwise provided herein or by law, any person who shall violate any of the provisions of this Chapter shall, upon conviction, be subject to the penalties as provided in Chapter 1, Section 1-5 entitled "General Penalty." Each day of violation shall constitute a separate offense.
Borough Code
Description
Fine
Payable*
12-2.2j,1
Construction is permitted only during certain times
1st $250
No
2nd $500
No
3rd $750
No
* Payable without court appearance.
[Ord. No. 08-2010, Preamble]
The State of New Jersey, Department of Environmental Protection (hereafter "NJDEP") requires a municipal stormwater general permit in order to authorize new and existing stormwater discharges to surface water and groundwater from the small municipal separate storm sewer system (MS4) owned by the Borough. The NJDEP Tier A Municipal Stormwater General Permit (NJ0141852) requires Tier A Municipalities to adopt and enforce an ordinance requiring dumpsters and other refuse containers that are outdoors or exposed to stormwater, with certain exceptions for individual homeowner trash and recycling containers, to be covered at all times and which prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers, excluding permitted temporary demolition containers, refuse containers at industrial facilities authorized to discharge stormwater under a valid NJPDES permit, litter receptacles, and containers that hold large bulky items (e.g., furniture, bound carpet and padding) only.
[Ord. No. 08-2010 § 1]
This section requires dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system operated by the Borough of Sea Girt and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 08-2010 § 2]
As used in this section:
MUNICIPAL SEPARATE STORM WATER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Sea Girt or other public body, and is designed and used of collection and conveying storm water.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owner, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATER OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 08-2010 § 3]
a. 
Any person who controls, whether owner, leased or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
b. 
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Sea Girt.
[Ord. No. 08-2010 § 4]
a. 
Permitted temporary demolition container,
b. 
Litter receptacles (other than dumpsters or other bulk containers),
c. 
Individual homeowner trash and recycling containers,
d. 
Refuse containers and facilities authorized to discharge storm water under a valid NJPDES permit,
e. 
Large bulky items (e.g. furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. No. 08-2010 § 5]
This section shall be enforced by the Police Department and/or the Code Enforcement Officer of the Borough of Sea Girt.
[Ord. No. 08-2010 § 6]
a. 
Violation or non-compliance with any provision of this section shall be punishable, upon conviction, by a fine of not less than $100 nor more than $350 for a first offense, and a minimum of $200 nor more than $1,250 for each subsequent offense.
b. 
Notwithstanding the penalty set forth in the above paragraph a above, if a second offense occurs more than two years after the first offense the fines shall be imposed in the amounts provided for a first offender.
[Ord. No. 09-2010]
An ordinance requiring the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system operated by the Borough of Sea Girt so as to protect public health, safety and welfare and to prescribe penalties for the failure to comply.
[Ord. No. 09-2010]
As used in this section:
MUNICIPAL SEPARATE STORM WATER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Sea Girt or other public body, and is designed and used of collection and conveying storm water.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
Shall mean an opening in a storm drain used to collect storm water runoff and includes, but is not limited to, a grate inlet, curb-opening, slotted inlet, and combination inlet.
WATERS OF THE STATE
Shall mean the ocean its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 09-2010 § 3]
No person in control of private property (except a residential lot with one single family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering an surface that is in direct contact with any existing storm drain inlet on that property unless the storm drain either:
a. 
Already meets the design standard below to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in subsection 12-4.4 below prior to the completion of the project.
[Ord. No. 09-2010 § 4]
Storm drain inlets identification in subsection 12-4.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediments, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Section 4.3 below.
a. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect storm water from that surface into a storm drain or surface water body under that grate:
1. 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2. 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges) driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and storm water basin floors.
b. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
c. 
This standard does not apply:
1. 
Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2. 
Where flows are conveyed through any device (e.g. end of pipe netting facility, manufactured treatment device, or catch basin hood) that is designed, at a minimum to prevent delivery of all solid floatable materials that could not pass through one of the following:
(a) 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inches.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars; or
4. 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules and N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. No. 09-2010 § 5]
This section shall be enforced by the Sea Girt Police, Code Enforcement Officer, Superintendent or Foreman of Public Works.
[Ord. No. 09-2010 § 6]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,000 for each storm drain inlet that is not retrofitted to meet the design standard.
[Ord. No. 23-2009 § 2]
Any applicant for a construction or demolition permit for any property within the Borough shall be required to provide a Debris Management Plan for handling solid wastes and recyclables generated during such activity, including the estimated number of types of containers to be used and the disposition of such materials. A deposit of $500 shall be submitted with the Debris Management Plan, of which $250 will be returned after completion of the project and submittal of receipts and other documentation demonstrating the proper disposal or recycling of all solid waste and recyclables.
[1]
Editor's Note: For additional swimming pool requirements, Chapter 17, Zoning.
[Ord. No. 288; Ord. No. 323]
As used in this section:
SWIMMING POOL
Shall mean any pool artificially constructed, any part of which is over 24 inches in depth and/or more than 10 square feet, or if circular, having a diameter of more than 12 feet, designed, used and maintained for swimming and bathing purposes by an individual for use by members of his household and/or guests, and located on a lot as an accessory use to a conforming use, as now or hereafter zoned.
[Ord. No. 288]
It shall be unlawful to establish or construct or use a swimming pool within the Borough without first obtaining a permit in the manner hereafter prescribed.
[Ord. No. 288; New]
a. 
Applications for a permit to construct a swimming pool, accompanied by two sets of plans and specifications or proper descriptive matter, and a sketch or plot plan, which may be prepared by the owner, showing the proposed location of the pool with relation to lot lines and structures on the premises, location and source of water supply and methods of discharge, lighting and fencing, shall be presented, together with a fee of $500, to the Construction Official by the owner of the property, which includes zoning and engineering fees.
b. 
The application for a permit shall constitute permission to any enforcement officer, at any time during daylight hours, to enter upon the premises where the pool may be located, for the purpose of testing the water therein as to standards as set forth in subsection 12-6.5.
c. 
The Construction Official shall not pass upon the structural features or durability of the pool except insofar as may be necessary to assure safe and sound construction in accordance with the generally acceptable principles of safe swimming pool construction and for the purpose of insuring compliance with the terms of this section. If the Construction Official is satisfied with respect to the structural features of the proposed pool and compliance herewith, he shall issue the permit.
[Ord. No. 288]
All material used in the construction of private swimming pools shall be waterproofed and easily cleaned. The bottom and sides of the pool shall be either white or a light color, except that aluminum paint shall not be used as a finish. Sand or earth bottoms shall not be used.
[Ord. No. 288]
No water from the Municipal water system shall be used to fill or replenish pools. Pools shall have a separate and private water supply system other than the Municipal system and the water used shall have a minimum free available chlorine residual at any point in the pool of not less than 0.25 parts per million and not more than one parts per million at any time. Failure to maintain the requirements while in use shall constitute a violation of this section.
[Ord. No. 288; New]
a. 
No pool shall be drained into or overflow into or be connected with the Municipal sewer system or into the streets, but shall provide an adequate system of surface disposal by absorption upon the property of the owner, without drainage on any adjoiner, or by pumping back into the ground by a system through lines other than the source of supply, or connected with the storm sewer system.
b. 
All connections with the storm sewer system shall be done by the owner at his own expense under the supervision of the Borough Superintendent if, in his judgment, the storm sewer system would not be damaged thereby. There shall be paid to the Borough the sum of $250 for the privilege of connection into the system, and the applicant shall post with the Borough Clerk the sum of $100, conditioned upon the completion of the connection without damage to the storm sewer system, and the restoration to their prior condition of any street surface required to be opened for the connection, which the sum of $100 shall be returned to the applicant upon certification to the Clerk by the Borough Superintendent of compliance with these conditions.
[Ord. No. 288]
No pool shall be constructed except as an accessory use to a dwelling on the same plot, and the vertical walls thereof shall not be nearer to any street than the building line or lines, nor nearer to any rear or side lot line or any existing structure on the plot than 10 feet, nor shall the vertical walls of the pool be constructed more than 12 inches above the adjoining lot grade. Swimming pools shall meet all requirements of Chapter 17, Zoning.
[Ord. No. 288]
No artificial lighting shall be erected, used or operated in connection with the pool unless it is so directed or shaded that no direct rays of light therefrom fall more than three feet upon the lands of any adjacent property.
[Ord. No. 288]
a. 
No pool shall be built and used unless it is surrounded by a fence with a minimum height of four feet and a maximum height of six feet; constructed to prevent, within reason, any person from gaining access to the pool, and which shall have a substantial gate, with facilities for locking, or exterior and interior devices arranged that they must be operated separately and simultaneously to open the gates. Fences shall meet all requirements of Chapter 17, Zoning.
b. 
No pool fence shall remain open, unlocked or unlatched except when the pool is in use.
c. 
No pool shall remain with water therein or without an adequate and safe cover for a period in excess of 30 days unless the dwelling house to which it is an accessory use is occupied.
[Ord. No. 288; New]
Nothing herein shall be construed to allow the erection and construction of a pool for public use within the Borough except that hotels and rooming houses having a minimum of 10 guest rooms shall be permitted to erect, construct and maintain a pool as an accessory to the hotel or rooming house, the use of which is to be limited to the private use of its guests, and provided further that the erection, construction and maintenance of a pool shall be governed and regulated by all of the provisions of this section. Nothing herein shall be construed to permit the construction of such pool without the approvals required by the Borough Construction Department.
[Ord. No. 561 § 1]
This section has been enacted to provide rules and regulations, standards and procedures for the use and placement of satellite TV earth station dish antennas within the Borough, in order to promote the public health, safety, welfare and aesthetics and to ensure the ordinary development of the Borough. This section shall be known and may be cited as "The Satellite TV Earth Station Dish Antenna Regulation of the Borough."
[Ord. No. 561 § 2]
As used in this section:
SATELLITE TV EARTH STATION DISH ANTENNAS
Shall mean any apparatus designed for the purpose of receiving television, radio, microwave, satellite or similar signals, with the exception of conventional television antennas.
[Ord. No. 561 § 3]
The provisions of this section shall be administered by the Construction Official of the Borough to whom application for a building permit shall be made.
[Ord. No. 561 § 4; New]
a. 
The application fee for a permit to install a satellite TV earth station dish antenna shall be $55.
b. 
A diagram shall be submitted with the application showing the proposed location of the antenna on the lot in question.
c. 
All satellite earth station antennas shall be designed in conformance with the American National Standards Institute Standard A58.1, American National Standard Building Code Requirements for Minimum Design Loads in Buildings and Other Structures, and the Electronics Industry Association Standard RS-411, Electrical and Mechanical Characteristics of Antennas for Satellite Earth Stations, or any modification or successors to the standards, rules and regulations of any governmental entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission. A certificate of conformance with the aforesaid standards by the manufacturer's professional personnel or such other professional as may be deemed appropriate by the Construction Official shall be submitted to the Construction Official as a condition of the issuance of the building permit required by this section.
[Ord. No. 561 § 5; Ord. No. 726 § 1]
A satellite TV earth station dish antenna is permitted in all zones, providing, however, the following requirements are met:
a. 
A satellite TV earth station dish antenna is only permitted as an accessory use on a lot that contains a principal structure.
b. 
Only ground level free-standing, mounted satellite TV earth station dish antennas shall be permitted.
c. 
Ground mounted satellite TV earth station dish antennas shall be no closer than 20 feet from any side property line and 20 feet from any rear property line.
d. 
Ground mounted satellite TV earth station dish antennas shall be located in the rear yard only.
e. 
A satellite TV earth station dish antenna is only permitted as a free-standing structure.
f. 
The satellite TV earth station dish antenna shall be designed for use by residents of the main building only.
g. 
Power control and signal cables from the ground mounted earth station to the served structure shall be buried in accordance with the appropriate code.
h. 
No lot may contain more than one satellite earth station antenna as heretofore regulated.
i. 
The antenna shall be screened with shrubs to minimize motor noise and visual impact from the street and adjacent properties. Such shrubs will be at least four feet high.
j. 
The antenna shall also be enclosed within a wooden or wire mesh fence having a height of six feet in order to prevent unauthorized persons from gaining access to the antenna.
k. 
The surface receiving area of any reflective dish antenna shall not exceed 25 square feet.
l. 
The dish antenna shall be erected on a secure ground-mounted foundation.
m. 
The overall height from ground level to the highest point of the antenna or any attachments thereto when extended to their full height shall be no more than 10 feet.
n. 
No satellite TV earth station dish antennas shall exceed 10 feet in diameter.
[Ord. No. 726 § 1]
a. 
The provisions of subsection 12-7.4a and subsection 12-7.5 shall not apply to structures located in the commercial zone of the Borough of Sea Girt.
b. 
In the commercial zone, satellite TV earth station dish antennas may only be erected upon obtaining a building permit and payment of the required fees therefor.
[Ord. No. 561 § 6; New]
Any person who violates any provision of this section shall, for each and every violation thereof and for each and every day that the violation continues to be in existence, be subject to the penalties stated in Chapter 1, Section 1-5 per violation.
[Ord. No. 561 § 7]
The Construction Official is hereby designated as the official officer charged with the enforcement of the terms of this section.
[Ord. No. 654 § I]
It has been found that there exist in this Borough certain structures which are unfit for human habitation, occupancy or use due to dilapidation and defects increasing the hazards of fire, accidents or other calamities; lack of ventilation, light or sanitary facilities, or due to the partial destruction of structures by fire without the structures having been subsequently repaired; or due to other conditions rendering such structures unsafe, unsanitary, dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of this Borough. The police powers of this Borough to repair, close or demolish the aforesaid structures or any other dwellings or structures of a similar character which shall hereafter appear in this Borough should be exercised for the public good and welfare.
[Ord. No. 654 § II]
The words "Governing Body," "Public Officer," "Public Authority," "Owner," "Parties in Interest" and "Building," as used in this section, shall be defined and construed to respectively mean and have the same definitions as are set forth in N.J.S.A. 40:48-2.4.
[Ord. No. 654 § III; New]
The Public Officer hereby designated to exercise the powers prescribed by this section is the Zoning Officer, Code Enforcement Officer or other official designated by the Borough.
[Ord. No. 654 § IV]
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 seven days nor more than 30 days after the serving of the complaint. 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. The rules of evidence prevailing in the courts shall not be controlling in hearings before the Public Officer.
[Ord. No. 654 § IV B]
If, after such notice and hearing, the Public Officer or his designee 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 the Public Officer shall issue and cause to be served upon the owner thereof and parties in interest an order:
a. 
Requiring the repair, alteration or improvement of the building to be made by the owner, within a reasonable time, which time shall be set forth in the order; or, at the option of the owner, to vacate or have the building vacated and closed within the time set forth in the order; and
b. 
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve the building within the time specified in the order, then the owner shall be required to remove or demolish the building within a reasonable time as specified in the order of removal; and
c. 
Any building or buildings, or parts thereof, which have been damaged to such an extent that nothing remains but the walls, or parts of the walls and other supports, shall, regardless of the safety and sturdiness of those remaining walls or parts thereof, be deemed inimical to the welfare of the residents of the Borough and the Borough may exercise its Police powers, and the owner shall be required to repair or demolish the building or parts thereof within a reasonable time.
[Ord. No. 654 § IVC, D]
a. 
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. 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 or occupancy or use; the use or occupancy of this building is prohibited and unlawful."
b. 
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 or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.
[Ord. No. 654 § IV E]
a. 
The amount of:
1. 
The cost of the filing of legal papers, expert witness fees, search fees and advertising charges, incurred in the course of any proceeding taken under this section determined in favor of the Borough, and
2. 
The cost of such repairs, alterations or improvements, or vacating and closing, removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred.
b. 
If the building is removed or demolished by the Public Officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, including the clearance and, if necessary, leveling of the site, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the municipal Tax Assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited in the Superior Court by the Public Officer, shall be secured in such manner as may be directed by such court, and shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of such court. Any owner or party in interest may, within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
[Ord. No. 654 § IV F]
If an actual and immediate danger to life is posed by the threatened collapse of any fire damaged or other structurally unsafe building, the Public Officer may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment in summary proceedings for the demolition thereof.
[Ord. No. 654 § IV]
Complaints or orders issued by a Public Officer pursuant to this section shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and cannot be ascertained by the Public Officer in the exercise of reasonable diligence, the Public Officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing same once in a newspaper printed and published in the Borough, or in the absence of such newspaper, in one printed and published in the County and circulating in the Borough in which the buildings are located. A copy of such complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded or lodged for record with the County Recording Officer of Monmouth County.
[Ord. No. 654 § V]
Any person aggrieved by an order issued by a Public Officer under this section may, within 30 days after the posting and service of such order, bring an action for injunctive relief to restrain the Public Officer from carrying out the provisions of the order and for any other appropriate relief. The court may proceed in the action in a summary manner or otherwise. The remedy herein provided shall be exclusive, and no person affected by an order of the Public Officer shall be entitled to recover any damages for action taken pursuant thereto, or because of noncompliance by any person with any order of the Public Officer.
[Ord. No. 654 § VI]
The Public Officer or his designee 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 others herein or by law granted:
a. 
To investigate the structure conditions in the Borough in order to determine which dwellings therein are unfit for human habitation, occupancy or use.
b. 
To administer oaths and affirmations, examine witnesses and receive evidence.
c. 
To enter upon premises for the purpose of making examinations, provided that such entry shall be made in such manner as to cause the least possible inconvenience to persons in possession.
d. 
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this section.
e. 
To delegate any of his functions and powers under this section to such officers and agents as he may designate.
[Ord. No. 654 § VIF; § VII]
Nothing in this section shall be construed to abrogate or impair the powers of the courts or any department of the Borough to enforce any provisions of its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this section shall be in addition and supplemental to the powers conferred by any law of this State or any ordinance of this Borough.
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, nor is anything in this section intended to limit the authority of the enforcing agency or Construction Official under the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., or any rules or regulations adopted thereunder.