[HISTORY: Adopted by the Board of Commissioners
of the City of Margate City as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-2-2021 by Ord. No. 12-2021]
It is found and determined that the construction of pools, spas
and other water-containing structures for recreation and use constructed
by pneumatically applied concrete mixture reinforced with steel rebar
and commonly referred to as "gunite" material has increased significantly
over the past several years. The spraying of such gunite material
produces air pollution and water pollution to an extent that the governing
body has determined to enact legislation to control and otherwise
mitigate the negative impact of such construction. Therefore, the
following provisions, regulations and prohibitions of this article
are implemented to protect the public health, safety and welfare of
the citizens of Margate.
As used in this article, the following terms shall have the
meanings indicated:
The spraying of gunite or other material commonly referred
to as a "concrete mixture" in pools or spas.
A water filled enclosure, permanently constructed or portable,
maintained for swimming or bathing.
A permanently fixed warm water reservoir with separate detached
pump, filter controls and heating components. Spas may be attached
or separated from on-ground or in-ground pools.
See definitions of "pool" and "pool, spa." The term "swimming
pool," when used in this section, shall mean in-ground, aboveground
and on-ground pools, spas, decking and all appurtenances thereof used
for recreational purposes.
The construction of pools, spas and other water-containing structures
shall be unlawful from June 15 to September 15 of each year.
The installation of a swimming pool or spa or other construction
involving the pneumatic application of concrete mixture shall require
the following:
A.
The contractor shall obtain a construction permit issued by the Construction
Official in accordance with the New Jersey Uniform Construction Code
(UCC).
B.
As a prior condition of approval for the issuance of a construction
permit, the contractor shall obtain a zoning permit issued by the
Zoning Officer.
C.
If dewatering activity is required at the construction site, a further permit will be required from the Margate City Engineer or designee and in accordance with § 227-22 et seq. of the Margate Municipal Code. A precondition for the issuance of the permit shall be the issuance of the zoning and construction permits.
D.
A minimum of 48 hours' notice to the Margate Police Department is
required whenever construction equipment is to block a street or a
traveling lane of a public street.
E.
The permit application shall be submitted on forms provided by the
City for that purpose.
F.
Provision shall be made by the applicant to provide coverage by way
of curtains or other suitable temporary structure in order to prevent
sprayed material from exiting the property and otherwise spreading
to adjoining properties. Said provision must be approved by the Construction
Official.
G.
Prior to work commencing with respect to dewatering and/or construction
by pneumatic applied concrete mixture, the Construction Department
shall be notified with a minimum of 48 hours' notice so that the proposed
dewatering and/or construction may be inspected by a municipal designated
inspector for compliance with all provisions of this article.
H.
Written notice to all contiguous property owners shall be given by
the applicant by regular and certified mail at least 10 days' prior
to commencement of construction of pneumatic applied concrete mixture.
Said notice shall be given by certified and regular mail or by personal
delivery to the contiguous property owner and/or occupants. Proof
of such notice shall be given to the Construction Department for verification
prior to commencement of work.
I.
It shall be the responsibility of the contractor to remove all dirt
and debris from the sidewalk, street and public right-of-way area
on a daily basis and at the conclusion of construction and/or installation
of the pool or whenever any City official deems it necessary during
construction and/or installation.
J.
The failure of the contractor to remove dirt and debris as required
by this section will subject the contractor to the penalty provisions,
both administrative and otherwise, as provided herein. Additionally,
should the City be required to perform such cleanup, the contractor
shall be responsible for the cost of City employees and equipment
computed on a time-and-material cost basis; provided, however, that
the minimum amount shall not be less than $250. Such sum shall be
payable upon demand. Any contractor who owes any outstanding reimbursement
costs to the City will be denied any MCDPW permit for any future project
until such time as all such costs imposed by the City have been paid
in full.
K.
All construction and construction-type activity shall conform to
the requirements of the New Jersey Uniform Construction Code and all
other state or federal law that may be applicable and to the regulations
promulgated thereunder and shall further conform to all other City
ordinances.
A.
Any person violating this article shall be subject to such administrative
penalties and assessments as authorized by the New Jersey Uniform
Construction Code. The City's Construction Official shall impose and
assess an administrative penalty for each day that a violation continues
unabated, and each day shall be treated as a separate and distinct
violation.
B.
Each day that a violation continues shall be treated as a separate
violation, and the penalty authorized under the UCC shall be imposed
by the Construction Official.
C.
Such penalties shall be recovered by the City through a penalty enforcement
action in accordance with N.J.S.A. 2A:58-11 and N.J.S.A. 52:27D-138c.
Any administrative penalty imposed under this section shall be in
addition to, and not in place of, any other penalty established in
this section or by this Code.
Any person violating any of the provisions of this article shall,
upon conviction, be subject to one or more of the following:
Any person convicted of violating this article within one year
of the date of a previous violation and who was fined for the previous
violation shall be sentenced by the Court to an additional fine as
a repeat offender. The additional fine imposed by the Court upon a
person for a repeated offense shall not be less than the minimum or
exceed the maximum fine fixed for a violation of the article, but
shall be calculated separately from the fine imposed for the violation
of the article. (See N.J.S.A. 40:49-5.)
[Adopted 1-19-2023 by Ord. No. 02-2023]
It shall be unlawful to install, enlarge, repair, alter, or
reinstall fences, driveways, pavers, concrete, or storage sheds, or
portion thereof, or to install, enlarge, or alter a bulkhead without
first filing an application with the Building Department and appropriate
officials, in writing, and obtaining the required permits therefor.
As used in this article, the following terms shall have the
meanings indicated:
A structure separating land and water areas, primarily designed
to prevent erosion and other damage due to wave, storm, overflow or
tidal action.
A paved or partially paved area used for ingress or egress
of vehicles and allowing access from a street to a lot, building or
other structure or facility.
A fence structure serving as an enclosure for an outdoor
shower, at ground or slightly below ground level, and adjacent to
a building.
A structure made of posts or stakes, joined together by boards,
wire or rails, serving as an enclosure, a barrier or as a boundary.
A certificate issued to perform work under this article.
Performed paving blocks that are installed on the ground
to form patterns while at the same time facilitating pedestrian or
vehicular travel.
An accessory building used for the storage of items, such
as, but not limited to, tools, lawn and garden equipment and furniture
and similar items of personal property belonging to the occupant of
the principal structure.
A document signed by the Zoning Officer:
Which is required by ordinance as a condition precedent to the
commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building.
Which acknowledges that such use, structure or building complies
with the provision of the municipal Zoning Ordinance or variance therefrom
duly authorized by the appropriate agency of the City pursuant to
N.J.S.A. 40:55D-60 and 40:55D-70.
A.
Conditions of permit. The issuance of the municipal permit shall
be conditioned upon the following:
B.
Posting of permit. A true copy of the municipal permit notice shall
be kept on the site of operations open to inspection during the entire
time of prosecution of the work and until the completion of the same.
C.
Suspension of permit. Any municipal permit issued shall become invalid
if the authorized work is not commenced within 12 months after issuance
of the permit, or if the authorized work is suspended or abandoned
for a period of six months after the time of commencing the work.
D.
Revocation of permits. The Construction Official or Zoning Officer
may revoke a municipal permit or approval issued under the provisions
of this code if the applicant has submitted any false statement or
misrepresentation of fact in the application or on the plans on which
the permit or approval was based.
Municipal permit fees shall be as follows:
|
Scope of work
|
Fee
|
|---|---|
|
Fence
|
$64
|
|
Enclosure, shower
|
$64
|
|
Driveway
|
$25 per $1,000 of estimated cost
|
|
Pavers
|
$25 per $1,000 of estimated cost
|
|
Concrete
|
$25 per $1,000 of estimated cost
|
|
Shed
|
$25 per $1,000 of estimated cost
|
|
Bulkhead
|
$25 per $1,000 of estimated cost
|
No person shall be charged a municipal permit fee for any construction,
reconstruction, alteration, alteration or improvement designed and
undertaken solely to promote accessibility by disabled permits to
an existing public or private structure.
Municipal permit fees shall be waived for all charitable organizations
recognized under I.R.C. § 501(c)(3).
A.
Any person who shall violate any of the provisions of this article
or fail to comply therewith, or with any of the requirements thereof,
or who shall refuse reasonable opportunity to inspect any premises,
shall be liable for a fine of not more than $1,000 or to imprisonment
for not more than 90 days, or both such fine and imprisonment. Each
and every day such violation continues shall be deemed a separate
and distinct violation.
B.
Nothing in this article shall be construed to limit the City of Margate's
right to institute and maintain a civil action, from seeking active
injunctive relief, or to set aside or invalidate any consequence made
pursuant to a contract of sale.
