Lavallette City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 90-78 Zoning Officer.
A.
The Code Enforcement Officer of the Borough of Lavallette shall also act as and be the Zoning Officer of said Borough.
B.
He/she shall prepare a monthly report for the governing body summarizing for the monthly period all permits issued, certificates countersigned or granted by him/her, all complaints or violations and the action taken by him/her thereon.
C.
Records. It shall be the duty of the Code Enforcement Officer to keep record of all applications for permits, a record of all permits issued and a record of all certificates of occupancy which he/she countersigns, together with a notation of all special conditions involved. He/she shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his/her office and shall be available for the use of the officials of the Borough.
§ 90-79 Certificates and permits.
[Amended 5-22-2006 by Ord. No. 2006-09 (997); 8-20-2007 by Ord. No. 2007-12(1023)]
A.
Conditional use permits. These permits shall be granted after approval of the Planning Board in accordance with the procedure set forth in articles preceding.
B.
Zoning permit. When an applicant applies for a construction permit to construct, alter, modify or repair any building or structure within the Borough of Lavallette, the Construction Code Official shall first send the applicant to the Zoning Officer for a zoning permit in accordance with the following:
(1)
The applicant shall supply the Zoning Officer with all appropriate information necessary to make an informed determination under this chapter as well as all data required by the State Uniform Construction Code as to whether the application complies with the requirements of the land use ordinances of the Borough of Lavallette.
(2)
If the Zoning Officer shall determine that said application conforms in all respects to the requirements of the land use ordinances he shall issue the Zoning Permit, sign, date and stamp all plans, and so advise the Construction Code Official.
(3)
If the Zoning Officer shall determine that said application does not conform in all respects to the requirements of the land use ordinances, he shall note in what respects the application does not conform and shall deny the application. The Zoning Officer shall notify the Construction Code Official of such denial, and shall advise the applicant of his or her right to apply to the Planning Board for an appropriate remedy.
(4)
Upon approval by the Planning Board of the appropriate action, the Planning Board shall forward a copy of the memorialized resolution to notify the Zoning Officer that the matter has been satisfactorily concluded. The Zoning Officer shall issue a zoning permit, sign, stamp and date all approved plans, and so advise the Construction Code Official. If the Planning Board shall deny the application, it shall advertise the denial as required by law and forward a copy of the memorialized resolution to notify the Zoning Officer that the matter has been denied.
C.
Zoning permit application fees.
[Amended 10-17-2016 by Ord. No. 2016-11 (1155)]
(1)
A nonrefundable zoning permit application fee of $200 for new construction or accessory structure shall be submitted, payable to the Borough of Lavallette.
(2)
A nonrefundable zoning permit application fee of $150 for additions or house lifts, payable to the Borough of Lavallette.
(3)
A nonrefundable zoning permit application fee of $250 for the installation or modification of a bulkhead, payable to the Borough of Lavallette.
(4)
A nonrefundable zoning permit application fee of $100 for interior remodeling, payable to the Borough of Lavallette.
(5)
A nonrefundable zoning permit application fee of $25 for pavers, fence, roofing, siding, and windows, payable to the Borough of Lavallette.
(6)
A nonrefundable zoning permit application fee of $50, for curbing, sidewalks and all other, payable to the Borough of Lavallette.
(7)
The name and address of the workman or contractor who is to perform the work.
D.
Lot grading.
[Added 12-4-2017 by Ord. No. 2017-21(1181)]
(1)
A grading plan prepared by a New Jersey licensed professional engineer shall be certified by the licensed professional engineer and submitted with all land development applications. The grading plan shall indicate the following:
(a)
Existing elevations of the subject property within a ten-foot radius of the property lines of the subject property.
(b)
Proposed grades and elevation for all proposed lot grading, finished floor elevations and modifications to surface runoff patterns.
(c)
Directions of flow for all stormwater runoff on the subject lot and from the subject lot.
(d)
Determination as to the impact that proposed construction and lot regrading will have upon downstream and adjacent properties.
(e)
Methods or provisions to abate or prevent any adverse surface drainage impacts or conditions to downstream and adjacent lots.
(2)
The grading plan in accordance with Subsection D(1), above, shall be certified by a New Jersey licensed professional engineer and contain the following information:
(a)
The grading plan(s) shall be at a scale of not greater than one inch equals 50 feet horizontally.
(b)
All natural and artificial watercourses, streams, shorelines, water boundaries and encroachment lines existing or dedicated on or adjacent to the tract shall be shown and drainage arrows designating direction of overland drainage flow on each lot.
(c)
Existing and proposed grading contours at intervals of one foot throughout the tract, except that, if slopes exceed 5%, an interval of two feet is permissible. Datum shall be National Geodetic vertical datum, and the source of datum shall be noted.
(d)
Proposed spot or finished elevation at all property corners and first floor elevation of all proposed structures or dwellings.
(e)
Grate elevations of all storm inlets on or adjacent to the property.
(f)
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soil where the boundaries of floodways and flood hazard areas have not been determined and/or such other information which are adjacent to or present on the property.
(3)
Certificate of occupancy. Prior to the issuance of any certificate of occupancy to any dwelling, the property owner or developer or the holder of the building permit shall cause to have the lot grading plan certified by a New Jersey licensed professional engineer that the final as-built grading of the lot is in compliance with the approved grading plan.
(4)
Grading standards. All lots shall be graded in accordance with the following requirements:
(a)
No lot shall be graded or regraded in such a manner as to direct surface runoff to abutting properties.
(b)
No changes to existing grade will be permitted on the subject property, either by the addition of soil, sand or fill, or the movement of existing soil, sand or fill, which causes an increase in the difference between the subject property and adjacent properties by more than two inches.
(c)
All swales must be constructed such that the pitch of the swale directs the flow of runoff toward the street.
(d)
All lots, open spaces and planting areas shall be graded to secure proper drainage and to prevent the collection of stormwater.
(5)
Retaining walls. When no other alternatives exist and natural topography dictates the use of retaining walls, complete design plans, including all construction details, design calculations, soil borings and soil data certified by a New Jersey licensed professional engineer must be submitted.
(a)
All retaining walls shall be designed such that the height of the retaining walls shall not exceed 1/5 of the horizontal distance measured from the base of the retaining wall to any building.
(b)
Retaining walls shall be considered as ground coverage if the proposed height is under 18 inches above the elevation as measured at the curb, or as a structure coverage if the proposed height is over 18 inches above the elevation as measured at the curb.
§ 90-80 Enforcement.
The governing body, through its designated agents, shall enforce this act and any ordinance or regulation made and adopted hereunder. To that end, the governing body may require the issuance of specified permits, certificates or authorizations as a condition precedent to the erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure; the use or occupancy of any building, structure or land; and the subdivision or resubdivision of any land. It shall establish an administrative officer and offices for the purpose of issuing such permits, certificates or authorizations; may condition the issuance of such permits, certificates and authorizations upon the submission of such data, materials, plans, plats and information as is authorized hereunder and upon the express approval of the appropriate state, county or municipal agencies; and may establish reasonable fees to cover administrative costs for the issuance of such permits, certificates and authorizations. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this act, the municipality or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
§ 90-81 Violations and penalties.
[Amended 6-1-1984 by Ord. No. 560]
Any person, firm or corporation that shall be convicted of a violation of a provision of this chapter shall, upon conviction whereof by any court authorized by law to hear and determine the matter, be subject to a fine of no less than $100 and no more than $1,000, imprisonment not to exceed 90 days or community service of not more than 90 days, or any combination of fine, imprisonment and community service, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.