Harvey Cedars City Zoning Code
§ 13-16.2
Certificates and Permits.
[Ord. No. 2001-02; Ord. No. 2005-16; Ord. No. 2010-22; Ord. No. 2014-14; Ord. No. 2018-12; amended 2-1-2023 by Ord. No. 2023-01; 4-21-2025 by Ord. No. 2025-12; 6-17-2025 by Ord. No. 2025-17]
a.
Zoning Permits.
1.
If a building permit is needed, then a zoning permit is also required.
2.
The following is a list of fees for permits:
(a) | Maintenance, sheds, air conditioning platforms and other minor work | $25 |
(b) | All new structures and relocation of existing structures | $250 |
(c) | Major enlargements or renovations increasing habitable area by 25% or more | $225 |
(d) | Additions and/or renovations increasing habitable area by 24% or less | $75 |
(e) | Fence permit (for new or replacement fences) | $25 |
(f) | Resale C/Os (for all new owners) per living unit | $50 |
(g) | Reinspection fee (at the discretion of the Zoning Officer) | $25 |
(h) | Sign permits: | |
Permanent signs (per application) | $25 | |
Development signs (as authorized by Planning Board) | $50 for two | |
(i) | Construction trailer permit | $25 |
(j) | Paver/impervious coverage permit | $75 |
(k) | Work approved by Zoning Board or Planning Board variance | $25 |
(l) | Bulkhead permit | $50 |
(m) | Pool and fence permit | $100 |
(n) | Sign removal maximum fee | $50 |
(o) | Driveway permit | $25 |
(p) | Outdoor dining application fee | $100 |
(q) | Special event application fee | $25 |
b.
Conditional Use Permits. Applications for conditional uses as permitted by this chapter shall be made to the appropriate approving authority in accordance with the provisions of the Borough Land Use Procedure Ordinance and the Municipal Land Use Law, RS 40:55D-1 et seq. The approving authority may grant such permit if, in its judgment, the proposed use will not be detrimental to the health, safety and general welfare of the Borough and is deemed necessary for its convenience.
In approving any such application, the approving authority may impose any condition that it deems necessary to accomplish reasonable compliance with the provisions of intent of this chapter and may deny any such application, but only if such compliance cannot be achieved.
In approving such applications, the Board of Adjustment may impose any conditions that it deems necessary to accomplish the reasonable application of application, but only in accordance with the standards.
In the event that the decision of the Board of Adjustment does not correspond with the recommendation of the Planning Board, the question shall be resolved by the Board of Commissioners in accordance with the procedure outlines in the New Jersey Statutes.
c.
Temporary Use Permits.
1.
It is recognized that it may be in accordance with the purpose of the chapter to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this chapter. If such uses are of such a nature and are so located that at the time of the petition, they will:
(a)
In no way exert a detrimental effect upon the uses of land and activities normally permitted in the zones.
(b)
Contribute materially to the welfare of the Borough, particularly in a state of emergency, under conditions peculiar to the time and place involved.
2.
Then the approving authority may, subject to compliance with all regulations for the issuance of a conditional use permit, direct the Zoning Officer to issue a permit for a period not to exceed six months. Such permits may be extended not more than once for an additional period of six months.
d.
Certificate of Occupancy.
1.
New Uses. No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the building administrator.
2.
Change in Use. A new certificate of occupancy shall be obtained, whenever there occurs a change in the use of a building, structure or land to assure compliance with this chapter and all other applicable laws, codes, ordinances and regulations. For the purpose of this section, the term “change in use” shall be broadly construed.
3.
Transfer of Ownership. A new certificate of occupancy shall be obtained whenever there occurs a sale, conveyance, transfer of ownership or change in occupancy of a building or structure to assure compliance with the provisions of this chapter and all other applicable laws, codes, ordinances and regulations.
4.
Requirements. Prior to issuance of a Certificate of Occupancy for new construction, major renovation, or the resale of property located within the Borough of Harvey Cedars, the property owners shall remove and/or relocate all obstructions, i.e., fences, etc., within the roadway Right-of-Way and re-grade the area.
5.
Properties Fronting Long Beach Boulevard.
(a)
When new construction or major renovations are undertaken on properties fronting Long Beach Boulevard, the owner shall install six inches of road gravel (not fill) in accordance with the Pedestrian Walkway detail drawing, up to a maximum of 10 feet from the paved portion of Long Beach Boulevard.
(b)
When new construction, major renovations or the resale of property are undertaken on properties fronting Long Beach Boulevard, all fences shall be set back a minimum of two feet from the property line along Long Beach Boulevard. Further, the area between the edge of pavement on Long Beach Boulevard and a distance of two feet into the property shall be maintained as a level surface with no other obstructions within the area, i.e., no mailboxes, decorative ornaments, landscape etc. Installation of a walkable surface within this area will be required, i.e., grass, gravel, maximum ½ inch stone or other level surface. No uneven surfaces will be permitted.
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6.
It shall be unlawful to use or occupy or to permit the use or occupancy of any building, structure, land or part thereof until all the certificate of occupancy requirements of this section are met. No such certificate shall be issued unless the land, building or structure and use thereof comply with the provisions of this chapter and all other applicable laws, codes, ordinances and regulations.
7.
Any property owner who undertakes new construction or a major renovation on an Ocean County road must post a $500 cash bond, which shall be returned upon the issuance of a certificate of occupancy.
8.
Major renovation is defined as any construction which exceeds 50% of the replacement value of the structure on the property.
