Brielle City Zoning Code
ARTICLE XIII
ADMINISTRATION AND ENFORCEMENT
§ 21-63 BUILDING PERMIT REQUIRED.
[Ord. #255; Ord. #592; 1972 Code § 89-61]
It shall be unlawful for any person, corporation or agent to construct, move, alter or change the use of any building or use any land without first applying for a permit.
The provisions of this Chapter shall be administered and enforced by the Building Inspector of the Municipality. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use thereof would be in violation of any provision of this Chapter. It shall be the duty of the Building Inspector or his duly authorized assistants to cause any building, plans or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of any provision of this Chapter, and he shall have the right to enter any building or premises during the daytime in the course of his duties.
§ 21-63.1 Application to the Zoning Officer Prior to the Issuance of a Construction Permit.
[Ord. #957; Ord. #981]
a.
An application shall be made to the Zoning Officer prior to the issuance of a construction permit for the construction of a new building or structure or any addition, expansion or alteration, including the installation of a heating system, to an existing building or structure.
b.
If the Zoning Officer determines that the application complies with the provisions of Chapter 1 "Zoning" of the Code of the Borough of Brielle and any other applicable laws, the Zoning Officer may issue a zoning permit to the applicant. The applicant may then and only then requests that the Construction Code Official issue a construction permit.
c.
If the Zoning Officer makes a determination that an application does not meet the provision of Chapter 21 "Zoning" or any other applicable laws, the Zoning Officer shall issue a written denial of the application and inform the applicant of the procedure to apply to the Planning Board or Board of Adjustment for relief of the provisions of Chapter 21 "Zoning".
d.
Prior to the commencement of construction of a new building or structure or the construction of an addition to an existing building or structure an applicant shall provide the following to the Zoning Officer for his review:
1.
Plot Plan. A plot plan based on a survey that is no more than five years old and which shall show all existing and proposed buildings and structures on the property, and all flood elevation levels. After a written determination is made by the Zoning Officer that the new building or structure and/or proposed addition conforms with applicable zoning requirements, the Zoning Officer shall issue a zoning permit to the applicant. The applicant may then request the Construction Official to issue a construction permit.
2.
Grading Plan. A grading plan prepared by a licensed engineer, land surveyor or architect shall be submitted for the construction of any new building or structure or construction of an addition having a foundation area in excess of 500 square feet to an existing building or structure. The plan must demonstrate that surface water does not flow onto neighboring properties and that the proposed grade elevation will not negatively impact neighboring properties. The grading plan shall be subject to the review and approval of the Construction Official and/or the Borough Engineer. The grading plan shall demonstrate compliance with all the provisions of 21-63A.6.
3.
Foundation Location Survey. A foundation location survey prepared by a licensed land surveyor or architect shall be submitted to the Zoning Officer prior to the commencement of any above grade level construction of a new building or structure or the construction of an addition having a foundation area in excess of 500 square feet to an existing building or structure. After a determination is made by the Zoning Officer that the new building or structure or an addition to an existing building conforms with applicable zoning requirements, the applicant may continue construction of all elements above the foundation of the building or structure.
4.
As-Built Survey. An "as-built" survey shall be submitted with an application for the issuance of a certificate of occupancy for new construction of any building or structure or the construction of an addition having a foundation area in excess of 500 square feet to an existing building or structure. The "as-built" survey shall be prepared by a licensed land surveyor or architect and shall show the location of all buildings and structures and the existing finished surface elevations at all lot corners, house corners and all other locations necessary to show conformity with the grading plan.
§ 21-63A.1 Statement of Purpose.
[Ord. #930, § A]
The purpose of this section is to control the disturbance of land and related changes in grades and elevations by requiring adequate provisions for surface water retention, drainage and soil erosion in order to promote the safety, public health, convenience and general welfare of the community.
§ 21-63A.2 Definitions.
[Ord. #930, § A]
As used in this section:
Shall mean a person, partnership, corporation or public agency requesting permission to engage in land disturbance activity.
Shall mean any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
Shall mean any ground, soil or earth, including marshes, swamps, drainage ways and areas not permanently covered by water, within the Borough.
Shall mean a land disturbance permit issued by the Construction Official to perform work in accord with this section.
Shall mean any plot, parcel or parcels of land.
Shall mean all unconsolidated mineral and organic material of any origin.
Shall mean any activity, which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
§ 21-63A.3 Permit Required.
[Ord. #930, § A]
No land or land area shall be disturbed by any person, partnership, corporation, municipal corporation or other public agency within the Borough unless prior thereto the applicant has obtained a valid land disturbance permit issued by the Construction Official in accordance with the requirements of this section.
§ 21-63A.4 Application Procedure.
[Ord. #930, § A]
A valid land disturbance permit shall be obtained by the filing of an application which shall be accompanied by a plot plan for the premises, which plot plan shall contain:
a.
The location and description of all existing natural and man-made features on the site, including general topography, existing drainage and water flow, proposed drainage and water flow and soil characteristics and a copy of the soil conservation soil survey.
b.
The location and description of proposed land disturbances, specifying all changes contemplated.
§ 21-63A.5 Municipal Action on Application.
[Ord. #930, § A]
Upon receipt of the application and plans as required hereunder, the Construction Official and/or the Borough Engineer shall review same and then issue or deny the permit, which may be with or without conditions.
§ 21-63A.6 Conditions of Permit.
[Ord. #930, § A]
Permit holders shall comply with the following requirements.
a.
Notify the Borough of Brielle Constructing Official in writing 72 hours in advance of any land disturbance.
b.
Install a stabilized construction entrance into the lot (50 feet by 30 feet by six inches of IV2 inches to two inches clean stone).
c.
Install an effective sediment barrier along the lower limits of construction so soil will not be carried off the site by rainwater. A continuous line of hay bales (dug in 4.0 inches and staked), or a silt fence (dug in six inches on the bottom) shall be used and installed according to the design plans of Illustration #1, Hay Bale Sediment Barrier Installation, or Illustration #2, Silt Fence Construction and Installation.[1]
[1]
Editor's Note: The illustrations referred to herein may be found at the end of this chapter.
d.
Provide temporary stabilization of all exposed soils, not subject to construction traffic. Temporary stabilization may be done in nongrowing seasons with straw mulch, applied at a rate of 95-115 lbs/1,000 square feet and held in place with a mulch binder.
e.
During the growing season, temporary stabilization will require the soil to be seeded with annual rye grass and mulched with 70-90-lbs/1,000 square feet of straw or hay.
f.
Permanent stabilization requires a three seed mixture of "permanent" or perennial seed types that are mulched and anchored.
g.
Remove all lot debris from the street regularly and sweep the street daily.
§ 21-63A.7 General Design Standards.
[Ord. #930, § A]
The following principles shall apply to all land disturbance permits:
a.
Stripping of vegetation, grading or other soil disturbance shall be done in a manner, which will minimize soil erosion.
b.
Whenever feasible, natural vegetation shall be retained and protected.
c.
Drainage provisions shall accommodate increased runoff, resulting from modified soil and surface conditions, during and after development or disturbance.
d.
Water runoff shall be minimized and retained on site whenever possible to facilitate groundwater recharge.
e.
Land disturbance shall be done in a manner that shall not cause a change in slope which would result in the slope exceeding 10%.
§ 21-63A.8 Fees.
[Ord. #930, § A]
Each application shall be accompanied by a fee in the amount of $75. However, any application hereunder which is made in conjunction with an application for a building permit for new construction shall not require the payment of any fee in addition to that fee paid for the construction permit.
§ 21-63A.9 Enforcing Officer; Inspections.
[Ord. #930, § A]
The requirements of this section shall be enforced by the Construction Official, who shall also inspect or require adequate inspection of the work. If the Construction Official finds existing conditions not as stated in the applicant's land disturbance permit or the site does not comply with all requirements of this section, he/she may refuse to approve further work and may seek other penalties as provided for.
§ 21-63A.10 Appeals.
[Ord. #930, § A]
Appeals from decisions under this section may be made to the Borough Council in writing within 10 days from the date of such decision. The appellant shall be entitled to a hearing before the Borough Council within 30 days from the date of appeal.
§ 21-63A.11 Violations and Penalties.
[Ord. #930, § A]
a.
Any person who violates any of the provisions of this section or fails to comply or adhere to the land disturbance permit shall be subject to an action filed in the Superior Court for injunctive relief and/or damages for the restoration or correction of the violation or violations.
b.
In addition, any person who violates any of the provisions of this section or fails to comply or adhere to the land disturbance permit granted hereunder shall be liable, upon conviction of such punishable offense, to the penalty stated in Chapter 1, Section 1-5 of the Code of the Borough of Brielle.
§ 21-64 FILING PLANS.
[Ord. #255; Ord. #592; 1972 Code § 89-62]
Applications for building permits shall be made in the manner prescribed in the Building Code.
§ 21-65 PERMIT RECORDS.
[Ord. #255; Ord. #592; 1972 Code § 89-63]
It shall be the duty of the Building Inspector to keep a record of all applications for permits and a record of all permits issued, with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Governing Body and of other officials of the Municipality, the County, the State and the public. Records shall not be removed except with the written consent of the Building Inspector. The Building Inspector shall prepare a monthly report for the Governing Body, summarizing for the period since his last previous report all building permits and certificates issued by him and all complaints of violations and the action taken by him consequent thereon. A copy of each such report shall be filed with the Municipal Tax Assessor at the same time it is filed with the Governing Body.
§ 21-65A AS BUILT/FOUNDATION SURVEY DRAWINGS.
[Ord. #910]
No construction above the foundation shall commence until as built/foundation survey drawings of the foundation are submitted to and approved by the Construction Official.
ILLUSTRATION #1 |
|---|
HAY BALE SEDIMENT BARRIER INSTALLATION |
(Subsection 21-63A.6) |
 |
ILLUSTRATION #2 |
|---|
SILT FENCE CONSTRUCTION AND INSTALLATION |
(Subsection 21-63A.6) |
 |
§ 21-66 CERTIFICATE OF OCCUPANCY.
[Ord. #255; Ord. #592; 1972 Code § 89-64]
No building shall be used or changed in use until a Certificate of Occupancy shall have been issued by the Building Inspector stating that the building or the proposed use thereof complies with the provisions of this Chapter.
a.
A Certificate of Occupancy, either for the whole or a part of a building, shall be applied for by the owner or his authorized agent coincident with the application for a building permit and shall be issued within 10 days after the erection or structural alteration of such building, or part, shall have been completed in conformity with the provisions of this Chapter.
b.
In case the Building Inspector shall decline to issue a Certificate of Occupancy, his reasons for doing so shall be stated on one copy of the application and that copy returned to the applicant.
c.
A Certificate of Occupancy shall be issued to any owner or authorized agent, who shall be held responsible for any violation of this Chapter on the premises. A record of all Certificates shall be kept on file by the Building Inspector and copies shall be furnished to any person having an ownership interest in the building affected, or to the authorized agent of such owner.
d.
No Certificate of Occupancy shall be required for any building legally existing at the time of the enactment of this Chapter except where the character or use of occupancy is changed.
e.
A temporary Certificate of Occupancy may be issued if the Building Inspector determines that the building is sufficiently completed to insure the safety and health of the occupants. A temporary Certificate of Occupancy shall not be in force for more than six months and cannot be renewed.
f.
Revocation. On the serving of notice of any violation of any of the provisions or requirements with respect to any building or use thereof or of land, as specified in this Chapter, the Certificate of Occupancy for such use shall thereupon, without further action, be null and void. A new Certificate of Occupancy shall be required for any further use of such building or land.
g.
Occupancy records. A monthly report of the Certificates of Occupancy issued shall be filed with the Tax Assessor. A record of all Certificates of Occupancy issued shall be kept in the office of the Building Inspector.