BOROUGH OF
HARVEY CEDARS
GENERAL ORDINANCES
Rev. January 2022
TABLE OF CONTENTS – Page 1
Rev. January 2022
TABLE OF CONTENTS
BOROUGH OF HARVEY CEDARS
CHAPTER 1 GENERAL
CHAPTER 2 ADMINISTRATION
CHAPTER 3 POLICE REGULATIONS
CHAPTER 4 GENERAL LICENSING
CHAPTER 5 ABC
CHAPTER 6 ANIMALS
CHAPTER 7 SEWER AND WATER
CHAPTER 8 TRAFFIC
CHAPTER 9 STORMWATER REGULATIONS
CHAPTER 10 WATERFRONT REGULATIONS
CHAPTER 11 CATV
CHAPTER 12 BUILDING AND HOUSING
CHAPTER 13 ZONING
CHAPTER 14 LAND USE PROCEDURES
CHAPTER 15 SITE PLAN
CHAPTER 16 LAND SUBDIVISION
CHAPTER 17 UNIFORM SAFETY CODE
CHAPTER 18 RECYCLING
CHAPTER 19 STREETS AND SIDEWALKS
CHAPTER 20 FERTILIZER APPLICATION REQUIREMENTS
CHAPTER 21 PROPERTY MAINTENANCE
CHAPTER 22 PLASTIC BAG REGULATIONS
CHAPTER 23 WIRELESS COMMUNICATIONS FACILITIES
ADOPTING ORDINANCE
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Rev. January 2022
CHAPTER I
GENERAL
1-1 SHORT TITLE ...................................................…………..……… 101
1-2 DEFINITIONS ...............................................................………..… 102
1-3 CONSTRUCTION ............................................................……………. 103
1-4 SEVERABILITY ...…..........................…….............……................... 104
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CHAPTER II
ADMINISTRATION
2-1 OFFICIAL TITLE ............................…................................... 201
2-2 BOARD OF COMMISSIONERS ……..................................... 202
2-2.1 Organization .................................…............................................ 202
2-2.2 Powers of Board of Commissioners ............................................. 202
2-2.3 Meetings and Procedures ....................…...................……….. 202
2-3 ADMINISTRATIVE ORGANIZATION ….......….................. 203
2-3.1 Departments Generally ...............................…....….............. 203
2-3.2 Commissioners Assigned to Departments ....……....…………. 203
2-3.3 Selection of Mayor ...................…...........................…………... 203
2-3.4 Powers of Mayor ....................…..........................…….......… 203
2-3.5 Administrator ……………………………………………………. 203
2-3.6 Administrator Duties ……………………………………….…… 203
2-3.7 Municipal Clerk ....................….............…............................ 203
2-3.8 Municipal Clerk Duties ……………………………………. 203
2-3.9 Deputy Municipal Clerk ……………….…………………… 204
2-3.10 Positions Eligible for the Defined Contribution Retirement
Program (DCRP)……………………….… 204
2-4 DEPARTMENT OF REVENUE AND FINANCE .................… 205
2-4.1 Director ..........................................................………......…. 205
2-4.2 Chief Financial Officer ............................................. 205
2-4.3 Tax Collector ……………………………………………………. 205
2-4.4 Deputy CFO and Deputy Tax Collector.......................................... 205
2-4.5 Tax Assessor ……………………………………………………. 205
2-4.6 Utility Collector ……………………………………………. 205
2-5 DEPARTMENT OF PUBLIC AFFAIRS AND PUBLIC SAFETY ……. 206
2-5.1 Director .........................................................................….... 206
2-5.2 Police Department – Establishment ……..................................... 206
2-5.2A Purpose of the Police Department ................................. 206
2-5.2B Designation of Appropriate Authority ……............. 206
2-5.2C Chief of Police; powers and duties …............................. 206
2-5.2D Appointment to Police Dept. – Officers & Personnel ......... 207
2-5.2E Promotions of Police Officers ............................................ 207
2-5.2F Disciplinary Actions ………............................................. 207
2-5.2G Rules and Regulations ……………………............. 207
2-5.2H Department Policies ……………………………...…….. 207
2-5.2I Special Law Enforcement Officers ……………………. 207
2-5.2J Employment of Off-Duty Police Officers ……………. 208
2-5.2K Mutual Assistance of Police ……………………………. 210
2-5.2L Copies of Accident Report ……………………………. 210
2-5.3 Lifeguards ……………………………………………………. 212
2-5.3A Employment of Off Duty Lifeguards ………………….… 212
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2-5.4 Municipal Court ……………................................................. 214
2-5.4A Seal ...........................…...........................………........... 214
2-5.4B Judge ................................................................................. 214
2-5.4C Powers ......................…....................................................... 214
2-5.4D Time and Place of Court ……….…............................ 214
2-5.4E Municipal Public Defender ............................................. 214
2-5.4F Municipal Court Application Fees ................................. 214
2-5.5 Board of Health ………………………................................. 214
2-6 DEPARTMENT OF PARKS, PUBLIC PROPERTY AND
PUBLIC WORKS …………..................................…………... 215
2-6.1 Director ................................................................................. 215
2-6.2 Superintendent of Public Works, Water and Sewer ………..……. 215
2-6.3 Employment of Off Duty Public Works Employees ……………. 215
2-7 PERSONNEL POLICIES ......................................................... 217
2-7.1 Policy Manual ................................................................................. 217
2-7.2 Employee Health Benefits ......................................................... 217
2-8 PAYMENT OF SALARIES .......….............................................. 218
2-8.1 Authorization .................................................................................. 218
2-8.2 Direct Deposit …………………………………………………...... 218
2-9 SUBMISSION OF CLAIMS ...................................................…... 219
2-9.1 Certified Bill ................................................................….............. 219
2-9.2 Endorsement Required .......................................................... 219
2-9.3 Claims Approved by Commissioners .............................................. 219
2-9.4 Clerk’s Duty .................................................................................. 219
2-10 RETIREMENT OF BOROUGH EMPLOYEES .................................. 220
2-11 DEFENSE AND INDEMNIFICATION ……………….……………. 221
2-11.1 Defense in Civil Actions …………………………….………. 221
2-11.2 Criminal Actions …………………………….………………. 221
2-11.3 Exceptions …………………………….………………………. 221
2-11.4 Borough Control Over Litigation ………………….…………. 222
2-11.5 Indemnification …………………………….………………. 222
2-11.6 Limitations …………………………………….………………. 222
2-12 FIRE DEPARTMENT .......................................................... 223
2-12.1 Organization of the Fire Department .............................................. 223
2-12.2 Membership in Fire Department .............................................. 223
2-12.3 Board of Fire Officers .......................................................... 223
2-12.4 Retirement from Service .......................................................... 223
2-12.5 Adoption of By-laws ...................................................................... 223
2-12.6 Records Required ...................................................................... 223
2-12.7 Duties of Members ...................................................................... 223
2-12.8 Absence of Chief ...................................................................... 224
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2-12.9 Duty of the Secretary ...................................................................... 224
2-12.10 Attendance at Fires and Drills .............................................. 224
2-12.11 Length of Service Awards Program (LOSAP)
for Firefighters ……………………….………........ 224
2-12.11A Length of Service Awards Program Created ...................... 224
2-12.11B Contributions to Plan; Administration of Plan ………...…. 224
2-12.11C Criteria for Contributions,
Point Schedule for Volunteer Service …………..... 224
2-12.11D Voter Approval Required ................................. 224
2-12.11 Schedule A ..................................................................... 225
2-13 FIRST AID SQUAD ......................................................... 226
2-13.1 Length of Service Awards Program (LOSAP) for
First Aid Squad ……………………………. 226
2-13.1A Length of Service Awards Program Created ..................... 226
2-13.1B Contributions to Plan; Administration of Plan.................... 226
2-13.1C Criteria for Contributions;
Point Schedule for Volunteer Service ……………. 226
2-13.1D Voter Approval Required ............................................. 226
2-13.1 Schedule A .............………............................................ 227
2-14 BACKGROUND CHECKS……………………………………………. 228
2-14.1 Definitions ………………………………………………….. 228
2-14.2 Non-Sponsored Youth Programs ………………………………. 228
2-14.3 Borough Sponsored Youth Programs ………………………….. 229
2-14.4 Qualification……………………………………………………. 229
2-14.5 Disqualification…………………………………………………. 229
2-14.6 Frequency of Background Checks………………………………. 230
2-14.7 Privacy ………..…………………………………………. 230
2-14.8 Violations and Penalties ……………………..…………………. 230
2-15 OPEN SPACE ..............................................………………......... 231
2-15.1 Establishment of Open Space Trust Fund ...............…..…….. 231
2-15.2 Establishment of Open Space Advisory Committee ..………….. 232
2-15.3 Review of Open Space Trust Fund..........................…………….. 233
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CHAPTER III
POLICE REGULATIONS
3-1 LITTER .........................................................………………............. 301
3-1.1 Definitions ..............................................................…..……….. 301
3-1.2 Burning of Litter Prohibited ....................................…………….. 302
3-1.3 Litter in Public Places ............................................……………….. 302
3-1.4 Sweeping Litter into Gutters Prohibited ................……….…. 302
3-1.5 Merchant’s Duty ......................................................……….... 302
3-1.6 Litter Thrown from Vehicles ..................................……… 303
3-1.7 Trucks Causing Litter ..............................................……………… 303
3-1.8 Litter in Parks ..........................................................……………… 303
3-1.9 Litter in Lakes and Fountains ..................................……………… 303
3-1.10 Commercial Handbills .............................................………. 303
3-1.11 Handbills on Vehicles ..............................................……………… 303
3-1.12 Handbills on Vacant Premises ................................……….. 303
3-1.13 Distribution of Handbills Where Posted ..................………… 304
3-1.14 Distributing Handbills at Inhabited Premises .................................. 304
3-1.15 Mail and Newspapers ...................…......................………............. 304
3-1.16 Posting Notices Prohibited ......................................………........ 304
3-1.17 Litter on Occupied Private Property ........................…………….. 304
3-1.18 Maintain Premises Free of Litter .............................…………. 304
3-1.19 Litter on Vacant Lots ...............................................……………... 304
3-1.20 Litter Containers and Litter Removal..............................…………. 305
3-1.21 Balloons …………………………………………………….. 306
3-2 DISORDERLY PERSONS .................................................………......... 307
3-2.1 Purpose ...................................................................………... 307
3-2.2 Disrobing .................................................................…………. 307
3-2.3 Playing in Streets .....................................................…………. 307
3-2.4 Burning of Trash Prohibited ....................................…………….. 307
3-2.5 Loitering .................................................................………..... 307
3-2.6 Alcoholic Beverages in Public Places ....................……….............. 307
3-2.7 Noise Prohibited ......................................................………… 307
3-2.8 Obscene Behavior Prohibited ..................................……………… 307
3-2.9 Prohibited Bicycles ..................................................…………… 307
3-2.10 Disrobing …………………………………………………...... 307
3-3 RENTING TO MINORS ....................................................………...... 308
3-3.1 Regulations .............................................................………......... 308
3-3.2 Landlord’s Responsibility .......................................................... 308
3-3.3 Requirements for Guardian .......................................................... 308
3-3.4 Definition .................................................................................. 308
3-4 BEACH AND BAY REGULATIONS .............................................. 309
3-4.1 Definitions .................................................................................. 309
3-4.2 Violations Prohibited ...................................................................... 309
3-4.3 Prohibited Activities ...................................................................... 309
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3-5 REMOVAL OF WEEDS, GRASS AND RUBBISH …………………….. 310
3-5.1 Fire Hazards Prohibited ..................................................…… 310
3-5.2 Notice to Remove ..............................................................…… 310
3-5.3 Failure to Comply .............................................................……. 310
3-5.4 Cost to be Lien Against Property ..........................…................ 310
3-6 WILDLIFE FEEDING.......................................................................…...... 311
3-6.1 Definitions ………………………………………………………… 311
3-6.2 Prohibited …………………………………………………………. 311
3-7 ISSUANCE OF WORTHLESS CHECKS ...............…........................... 312
3-7.1 Issuance Prohibited ............................................................…….. 312
3-7.2 Presumption .....................................................................………. 312
3-8 BELOW GRADE LOTS ..............................................................…… 313
3-8.1 Prohibited ........................................................................…….. 313
3-8.2 Notice to Owners .......................…...................................…… 313
3-8.3 Cost to be Lien Against Premises ....................................…….. 313
3-8.4 Reserved .................................................................................. 313
3-8.5 Reserved .................................................................................. 313
3-9 PENALTY .............................................................................................. 314
3-9.1 Maximum Penalty ...................................................................... 314
3-9.2 Separate Violations ...................................................................... 314
3-9.3 Application .................................................................................. 314
3-9.4 Minimum Penalty .....................................…............................. 314
3-10 MASSAGE PARLORS ...................................................................... 315
3-10.1 Definitions .................................................................................. 315
3-10.2 Massage Parlor Prohibited .......................................................... 315
3-10.3 Employment as Massager Prohibited .............................................. 315
3-10.4 Exemptions .................................................................................. 315
3-11 ADULT BOOK STORES ...................................................................... 316
3-11.1 Definitions .......................................…....................................... 316
3-11.2 Adult Bookstore or Motion Picture Theater Prohibited ......... 316
3-12 HOURS OF OPERATION OF RETAIL ESTABLISHMENTS ………..... 317
3-12.1 Findings .............................................................…......…..…. 317
3-12.2 Definitions ........................................................................……. 317
3-12.3 Hours Regulated ..............................................................…... 317
3-12.4 Violation; Penalty .............................................................…… 317
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3-13 PARKS AND RECREATION AREAS ........................................…. 318
3-13.1 Activities Prohibited ........................................................………. 318
3-13.2 Conduct in Parks ...............................................................….. 320
3-13.3 Public Use and Availability of Park and Recreation Areas ....…… 322
3-13.4 Permits ……………………………………………………. 322
3-13.5 Enforcement …………………………………………..………... 322
3-13.6 Reserved ………………………………………………. 322
3-13.7 Violations and Penalties ……………………………………. 322
3-13.8 Effect on Other Regulations ……………………………………. 322
3-14 SMOKING PROHIBITED ……………………………………………. 323
3-14.1 Findings ……………………………………………………. 323
3-14.2 Definitions ……………………………………………………. 323
3-14.3 Restricted Areas ……………………………………………. 323
3-14.4 Enforcement and Penalty ……………………………………. 323
3-15 TOWING ……………………………………………………………. 324
3-16 ALARM SYSTEMS ……….…………………………………………… 325
3-16.1 Definitions ……………………………………………………. 325
3-16.2 Required Inspection and Information ……………………………. 325
3-16.3 False Alarm ……………………………………………………. 325
3-16.4 False Alarm Penalty Fees ……………………………….….... 325
3-17 CURFEW ……………………………………………………………. 327
3-17.1 Established Hours ……………………………………….….... 327
3-17.2 Responsibility of Parent …………………………….……… 327
3-17.3 Exceptions ……………………………………………………. 327
3-17.4 Emergencies …………………………………………….…….... 327
3-17.5 Presumption of Violation ……………………………………. 327
3-18 CUTTING OF PAVERS, BRICK AND CONCRETE ………………….. 328
3-19 OVERSIZED VEHICLES ……………………………………………. 329
3-19.1 Purpose ……………………………………………………. 329
3-19.2 Approval for Oversized Vehicles ……………………………. 329
3-19.3 Penalty ……………………………………………………. 329
3-20 PROHIBITION ON THE SALE, DISPENSATION, AND CULTIVATION
OF MARIJUANA; PENALTY ….…………………………………. 330
3-20.1 Definition ……………………….……………………………. 330
3-20.2 Prohibitions ……………………….……………………………. 330
3-20.3 Exemptions for Medical Marijuana ,,,,,…………………………. 331
3-20.4 Enforcement; violations and penalties …………………….. 331
3-20.5 Severability …………………………………………………….. 331
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CHAPTER IV
GENERAL LICENSING
4-1 HAWKERS, PEDDLERS AND ITINERANT VENDORS ………….…. 401
4-1.1 License Required ….………………………………………..... 401
4-1.2 Clerk Authorized to Issue License ….……………………….… 401
4-1.3 Validity …………………………………………………….. 401
4-1.4 Exhibition of License Required …………………………….. 401
4-1.5 Fees …………………………………………………………….. 401
4-1.6 Disposition of Fees …………………………………………….. 401
4-1.7 Prohibition …………………………………………………….. 401
4-2 LICENSING OF BEACH VEHICLES …………………………….. 402
4-2.1 Rules and Regulations …………………………………….. 402
4-2.2 Registration Required …………………………………….. 402
4-2.3 Fishing Tournaments …………………………………………….. 402
4-2.4 Reserved …………………………………………………….. 402
4-2.5 Time Prohibited …………………………………………….. 402
4-2.6 Speed Limit …………………………………………………….. 402
4-2.7 Driving on Sand …………………………………………….. 402
4-2.8 Littering Prohibited …………………………………………….. 402
4-2.9 Driving at Night …………………………………………….. 402
4-2.10 Safety …………………………………………………….. 402
4-3 BEACH FEES …………………………………………………….. 403
4-3.1 Resort Facilities Established …………………………………….. 403
4-3.2 Fees for Use of Beaches …………………………………….. 403
4-3.3 Badge Required ……………………………………….……. 403
4-3.4 Badge Fees Waived for Military Personnel …………………….. 403
4-3.5 Badge Fees Waived for US Veterans …………………………….. 403
4-4 SCRAP METAL, PRECIOUS METAL AND OTHER SECONDHAND
GOODS ………………………………………………………….……….. 404
4-4.1 Purpose and Intent ………………………………….…………. 404
4-4.2 Definitions ………………….…………………………………….. 404
4-4.3 License Requirement for dealers ...………….……………………. 405
4-4.4 Application process for dealers; approval or denial ..…….………. 406
4-4.5 Identification of seller; recordkeeping requirements for dealers….. 408
4-4.6 Retention; suspension and revocation; other restrictions ……….… 410
4-4.7 Bond ….…………………………………………………………... 412
4-4.8 Fees; period of license validity …………..………………………. 412
4-4.9 Violations and penalties ………………………………………….. 413
4-4.10 Time limit for conformance; repealer; severability …..………….. 413
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4-5 GARAGE SALES, LAWN SALES, ATTIC SALES,
RUMMAGE SALES, FLEA MARKET SALES OR
OTHER CASUAL SALES …………………………………………….. 414
4-5.1 Definitions ………………………………….…………………. 414
4-5.2 Licensed Required; Fee; Maximum Number; Display ……. …….. 414
4-5.3 Information to be Filed with Clerk …………………....……….. 414
4-5.4 Hours of Sale ……………………………………....…………….. 415
4-5.5 Sign Regulations ………………………………..……..…….. 415
4-5.6 Exceptions ……………………………………………..……… 415
4-5.7 Regulations for Bedding and Refrigerators …………….………. 416
4-5.8 Waive Requirements for Certain Organizations ……..…….... 416
4-5.9 Enforcement; Maintain Good Order and Decorum …………….. 416
4-5.10 Violation and Penalty .……………………………………………. 416
4-6 LICENSING OF VESSELS ON MUNICIPALLY OWNED
BAYFRONT PROPERTIES ………………………………….…………. 417
4-6.1 Rules and Regulations ……………………….……………. 417
4-6.2 Registration Required ………………………..…………………… 417
4-6.3 Permit Information ………………………….…………………. 417
4-6.4 Damage to Property …………………………………………….. 417
4-6.5 Fees …………………………………………………………….. 417
4-6.6 Time Prohibited …………………………………………….. 417
4-6.7 Fines ……………………………………………………..……… 417
4-6.8 Removal of Vessels …………………………………………….. 417
4-7 ACTIVITY COMMITTEE FEES …….………………………………. 418
4-8 FEES …………….…………………….………………………………… 419
4-8.1 Fees Established …………………………………………….. 419
4-9 MUNICIPAL PROPERTY USAGE PERMITS AND FEES …………… 422
4-9.1 Permit Required …………………………………………….. 422
4-9.2 Permit Provisions …………………………………………….. 422
4-9.3 Fee for Permit …………………………………………………….. 422
4-9.4 Fines …………………………………………………………….. 422
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CHAPTER V
ALCOHOLIC BEVERAGE CONTROL
5-1 PURPOSE ………………………………………...………………….. 501
5-2 DEFINITIONS ………………………………………………...….. 502
5-3 LICENSES ……………………………………………………….……. 503
5-3.1 Laws Applicable …………………………………………….. 503
5-3.2 Issuing Authority …………………………………………….. 503
5-3.3 License Required …………………………………………….. 503
5-3.4 License Fees: Maximum Number ……………………..……… 503
5-4 REGULATIONS OF LICENSES …………………………….………. 504
5-4.1 Hours of Sale …………………………………………..………… 504
5-4.2 New Year’s Day ………………………………………….…. 504
5-4.3 Sales to Certain Persons ……………………………….……. 504
5-5 MINORS …………………………………………………………….. 505
5-6 REVOCATION OF LICENSES …………………………………….. 506
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CHAPTER VI
ANIMALS
6-1 DEFINITIONS ………………………………….………………………. 601
6-2 DOGS …………………………………………………………………….. 603
6-2.1 Running at Large - Prohibited …………………………………….. 603
6-2.2 Running Dogs on Beach ………….………………………..... 603
6-2.3 Animal Control Officer Appointed ……………….……………. 603
6-2.4 Dog Licensing Fees …………………………………………….. 603
6-2.5 Seeing Eye Dogs; Exception …………………………………….. 603
6-2.6 Expiration of License …………………………………….………. 603
6-2.7 Newly Acquired Dogs …………………………………….. 603
6-3 CONTROL OF DOGS …………………………………..………… 604
6-3.1 Defecation on Property of Others, or Public Property …….. 604
6-3.2 Violation; Penalty ………………………………….…………. 604
6-4 FERAL CATS …………………………………………………………….. 605
6-4.1 TNR Program Established …………………………………….. 605
6-4.2 Feral Cat Colonies …………………………………………….. 605
6-4.3 Sponsorship of TNR Program …………………………………….. 605
6-4.4 Sponsorship Requirements …………………………………….. 605
6-4.5 Caretaker Requirements …………………………………….. 605
6-4.6 Disposition of Colony Cats …………………………………….. 605
6-5 LIVESTOCK AND FOWL …………………………………..………… 606
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CHAPTER VII
SEWER AND WATER
7-1 ESTABLISHMENT AND DEFINITIONS …………………………..… 701
7-1.1 Definitions ………………………………………………….…. 701
7-2 WATER SERVICE …………………………………………………….. 702
7-2.1 New Connections …………………………………..…………… 702
7-2.2 Meter Connections and Fees …………………………………….. 702
7-2.3 Installation and Repairs of Meter Pits …………………………….. 702
7-2.4 Water Rates Schedule …………………………………………….. 702
Residential and Commercial Customers …………………………. 702
Service Charges ………………………………………………….. 703
2009 Fees …………………………………………………….. 703
7-2.5 Property Owner Responsibility ….……………………………….. 703
Frozen Pipes …………………………………………………...…. 703
Curb Boxes ……………………………………………………….. 703
Tampering ……………………………………………………... 703
7-2.6 Prohibited Water Uses ………...………………………………….. 703
7-2.7 Violations and Penalties ………………………………………….. 703
7-3 DETERMINATION THAT THE BOROUGH SHALL
JOIN OCEAN COUNTY SEWERAGE AUTHORITY …………….. 704
7-3.1 Purpose …………………………………………………….. 704
7-3.2 Borough to Join Sewerage Authority ….…………………………. 704
7-4 OCEAN COUNTY SEWERAGE AUTHORITY …….………………. 705
7-4.1 Creation of the Sewerage Authority …………..………………… 705
7-4.2 Purpose ……………………………………………..……… 705
7-4.3 Necessity ……………………………………….……………. 705
7-5 USE OF PUBLIC SEWERS; CHARGES ……………….……………. 706
7-5.1 Definitions ……………………………………….……………. 706
7-5.2 Purposes ………………………………….…………………. 707
7-5.3 Use Restrictions ………………….…………………………. 707
7-5.4 User Charges ……………………..……………………………… 710
7-5.5 Violations and Penalties …………….………………………. 710
7-6 SEWER CONNECTIONS REQUIRED …………………………….. 711
7-6.1 Preamble …………………………………………………….. 711
7-6.2 Definitions …………………………………………………….. 711
7-6.3 Connection to Sewerage System Required …………………….. 711
7-6.4 Manner of Connections …………………………………….. 711
7-6.5 Notice to Connect ………………………………….…………. 711
7-6.6 Notice to Close Cesspool; Septic Tank ……………..……… 711
7-6.7 Board of Commissioners Carry Out Mandate …………….. 712
7-6.8 Violation and Penalty …………………………………………….. 712
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7-7 INSTALLATION OF SEWER SERVICE PIPE ………………..…… 713
7-7.1 Installation Required …………………………………………….. 713
7-7.2 Sewer Installations ………………………………….…………. 713
7-7.3 Violations and Penalties ……….……………………………. 713
7-8 WATER CONSERVATION ….…………………………………………. 714
7-8.1 Water Conservation Restrictions .……………………………. 714
7-8.2 Violations ………..…………………………………………… 714
7-9 BILLING POLICIES AND PRACTICES …………………………….. 715
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CHAPTER VIII
TRAFFIC
8-1 WORDS AND PHRASES …………..………………….…………....... 801
8-2 OFFICIAL TIME STANDARD ……………………………….….… 802
8-3 PARKING ………………………………………………….………… 803
8-3.1 Regulations Not Exclusive ……………………………………. 803
8-3.2 Parking Prohibited at All Times on Certain Streets ……………. 803
8-3.3 Parking Prohibited during Certain Hours on Certain Streets ……. 803
8-3.4 Stopping or Standing Prohibited during Certain Hours on
Certain Streets ………………………………………….… 804
8-3.5 Parking Time Limited on Certain Streets ……………………. 804
8-3.6 Loading – Unloading ………………………………………...….. 804
8-3.7 Trailers Prohibited ……………………………………………. 804
8-3.8 Parking Limited at Municipal Building ……………………. 805
8-3.9 Recreational Vehicles – Occupancy and Utility Connections …… 805
8-4 TRUCKS OVER FOUR TONS EXCLUDED FROM
CERTAIN STREETS ……………………………………………………. 805
8-5 ONE-WAY STREETS …….………………………………...……. 806
8-6 THROUGH STREETS, STOP INTERSECTIONS
AND YIELD INTERSECTIONS ……………………………………. 807
8-6.1 Through Streets ………………………….………………… 807
8-6.2 Stop Intersections ……………………………….………….... 807
8-6.3 Yield Intersections …………………………….……………… 807
8-7 LOADING ZONES ……………………………………………………. 808
8-8 TAXI STANDS ………………………………………………….… 809
8-9 BUS STOPS ………………………………………………………......... 810
8-10 TURN PROHIBITIONS ……………………………………….…… 811
8-10.1 Left Turn Prohibition ………………..…………………………... 811
8-10.2 U-Turn Prohibition ……………………………………………. 811
8-10.3 No Turns ……………………………………………….…… 811
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Rev. January 2022
8-11 PENALTY ……………………………………………………………. 812
Schedule I ……………………………………………………….…… 813
Schedule II ……………………………………………………………. 814
Schedule III ……………………………………………………………. 814
Schedule IV ……………………………………………………………. 814
Schedule V ……………………….…………………………………… 815
Schedule VI ……………………………………………………………. 815
Schedule VII ……………………………………………………………. 815
Schedule VIII ………………….………………………………………… 816
Schedule IX ……………………………………………………………. 818
Schedule X ……………………….…………………………………… 818
Schedule XI ……………………………………………………………. 818
Schedule XII …………………………….………………………....…… 818
Schedule XIII …………………………………….……………...….…… 819
Schedule XIV ………………………………….………………………… 819
Schedule XV ………………………….………………………………… 819
TABLE OF CONTENTS – Page 17
Rev. January 2022
CHAPTER IX
STORMWATER REGULATIONS AND STORMWATER CONTROL
9-1 TITLE AND PURPOSE ……………………………………………. 901
9-1.1 Title ……………………………………………………………. 901
9-1.2 Purpose ……………………………………………………. 901
9-2 DEFINITIONS ……………………………………………………. 902
9-3 ILLICIT CONNECTIONS ……………………………………………. 907
9-4 IMPROPER DISPOSAL OF WASTE ………...………………….. 908
9-4.1 Improper Disposal ………………...………………………….. 908
9-4.2 Exceptions to Prohibition ……………...…………………….. 908
9-5 WILDLIFE FEEDING …………………………………………..... 909
9-6 CONTAINERIZED YARD WASTE …………………...……………….. 909
9-7 LITTER CONTROL ……………………………………………………. 909
9-8 PET WASTE ……………………………………………………………. 909
9-9 ENFORCEMENT ……………………………………………………. 909
9-10 STORMWATER CONTROL ……………………………………. 910
9-10.1 Policy Statement ……………………………………………. 910
9-10.2 Purpose ……………………………………………………. 910
9-10.3 Applicability ……………………………………………………. 910
9-10.4 Compatibility with Other Permit and Ordinance Requirements … 910
9-10.5 Reserved …………………………………………………….. 910
9-10.6 General Standards …………………………………………….. 911
9-10.7 Stormwater Management Requirements for Major Development .. 911
9-10.8 Calculation of Stormwater Runoff and Groundwater Recharge …. 920
9-10.9 Standards for Structural Stormwater Management Measures…….. 922
9-10.10 Sources for Technical Guidance …………………………….. 923
9-10.11 Safety Standards for Stormwater Management Basins …….. 923
9-10.12 Requirements for a Site Development Stormwater Plan …….. 925
9-10.13 Maintenance and Repair …………………………………….. 928
9-10.14 Penalties …………………………………………………….. 929
9-10.15 Fees …………………………………………………………….. 929
9-10.16 Section 15: Waivers …………………………………………….. 930
9-11 PRIVATE STORM DRAIN INLET RETROFITTING
9-11.1 Purpose …………………………………………………….. 931
9-11.2 Prohibited Conduct …………………………………………….. 931
9-11.3 Design Standard …………………………………………….. 931
9-11.4 Penalties …………………………………………………….. 932
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Rev. January 2022
9-12 REFUSE CONTAINERS / DUMPSTERS
9-12.1 Purpose …………………………………………………….. 933
9-12.2 Prohibited Conduct …………………………………………….. 933
9-12.3 Exceptions to Prohibition …………………………………….. 933
9-12.4 Penalties …………………………………………………….. 933
DETAIL “A” – SUBSURFACE INFILTRATION SYSTEM …….. 934
DETAIL “B” – TYPICAL LOT GRADING WITH 20” FILL …….. 935
DETAIL “C” – TYPICAL LOT GRADING WITH 8” FILL …….. 936
TABLE OF CONTENTS – Page 19
Rev. January 2022
CHAPTER X
WATERFRONT REGULATIONS
10-1 BEACH PROTECTION ……………………………………………. 1001
10-1.1 Declaration ……………………………………………………. 1001
10-1.2 Definitions ……………………………………………………. 1002
10-2 REGULATIONS ……………………………………………………. 1004
10-2.1 Application ……………………………………………………. 1004
10-2.2 Construction in Beach Dune Area ……………………………. 1004
10-2.3 Commissioners Duty ……………………………..……………... 1005
10-3 ACCESS TO BEACH ……………………………………………. 1006
10-4 FENCING ……………………………………………………………. 1007
10-5 REMOVAL OF SAND ……………………………………………. 1008
10-5.1 Permit Required …………………………….……………… 1008
10-5.2 Application Information ……….…………………………… 1008
10-5.3 Inspection by Commissioners ……………………………………. 1008
10-5.4 Permit Regulations ……………………………………………. 1008
10-6 ADMINISTRATION ……………………………………………………. 1009
10-6.1 Engineer’s Duty ……………………………………………. 1009
10-6.2 Administering Official ………………………..…………... 1009
10-7 PROHIBITED ACTIVITIES………………………………….…………. 1009
10-8 VIOLATIONS AND PENALTIES……………………………………… 1009
10-9 ALTERNATE AUTHORITY ……………………………………………. 1009
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Rev. January 2022
CHAPTER XI
C.A.T.V.
11-1 PURPOSE OF THE ORDINANCE ……………………………………. 1101
11-2 DEFINITIONS ……………………………………………. 1101
11-3 STATEMENT OF FINDINGS ….…………………………….………… 1102
11-4 DURATION OF FRANCHISE …...……………….………………….… 1102
11-5 FRANCHISE FEE ………………………………….…………………. 1102
11-6 FRANCHISE TERRITORY ………………………………….…………. 1102
11-7 EXTENSION OF SERVICE …………………………………….………. 1102
11-8 CONSTRUCTION REQUIREMENTS ………………….….……… 1103
11-9 CUSTOMER SERVICE ………………………………………….…. 1104
11-10 MUNICIPAL COMPLAINT OFFICER .……………….…………… 1105
11-11 LOCAL OFFICE ………………………………….…………………. 1105
11-12 PERFORMANCE BONDS ……………………….……………………. 1105
11-13 SUBSCRIBER RATES ……………………………….……………. 1105
11-14 COMMITMENTS BY THE COMPANY …………….………………. 1106
11-15 GOVERNMENTAL ACCESS ……………………………………... 1107
11-16 EMERGENCY USES ……………………….……………………………. 1107
11-17 LIABILITY INSURANCE ……………………….……………………. 1107
11-18 INCORPORATION OF THE APPLICATION ………….…………. 1108
11-19 COMPETITIVE EQUITY ……………………………………….……. 1108
11-20 SEPARABILITY ……………………….……………………………. 1108
11-21 THIRD PARTY BENEFICIARIES …………………………………….. 1108
11-22 EFFECTIVE DATE …………………………………….………………. 1108
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Rev. January 2022
CHAPTER XII
BUILDING AND HOUSING
12-1 STATE UNIFORM CONSTRUCTION CODE ENFORCING
AGENCY ……………………………………………………………. 1201
12-1.1 Enforcing Agency Created …………………………….……… 1201
12-1.2 Department of Building Administration ……………………. 1201
12-1.3 Duties of Building Administrator ……………………………. 1201
12-1.4 Administrator Serve as Subcode Official ……………….…… 1201
12-1.5 Enforce Provisions …………………………………….……… 1201
12-1.6 Official Positions; Responsibility ……………………………. 1201
12-1.7 Assistants and Personnel ……………………………………. 1202
12-1.8 Qualifications ……………………………………………………. 1202
12-1.9 Terms ……………………………………………………………. 1202
12-1.10 Compensation ……………………………………………………. 1202
12-1.11 Limitation on Outside Employment, Business ……………. 1202
12-1.12 Central Permit Office ……………………………………………. 1202
12-1.13 Public Right to do Business ……………………………………. 1203
12-2 FEE SCHEDULES ……………………………………………………. 1204
12-2.1 Fees ……………………………………………………………. 1204
SCHEDULE A ……………………………………………. 1205
1. Building Subcode Fees ……………………………. 1205
2. Plumbing Subcode Fees ……………………………. 1207
3. Fire Protection Subcode Fees ……………………. 1208
4. Electrical Subcode Fees ……………………………. 1209
5. Fees Applicable to Subsections 1 through 4 Above …… 1210
12-2.2 All Code Agreement Amendment ………………….………… 1211
12-2.3 Reserved ……………………………………………………. 1211
12-2.4 Reserved ……………………………………………………. 1211
12-2.5 Reserved ……………………………………………………. 1211
12-2.6 Reserved ……………………………………………………. 1211
12-2.7 Reserved ………………………………….………………… 1211
12-2.8 Reserved ……………………………………………………. 1211
12-2.9 Reserved …………………………………………….……… 1211
12-2.10 Reserved …………………………………………….……… 1211
12-2.11 Reserved …………………………………………….……… 1211
12-2.12 Surcharge Fee ……………………………………….….... 1212
12-2.13 Biannual Report ……………………………………..……... 1212
12-2.14 Fee Schedule Posted ……………………………………………. 1212
12-2.15 Payment of Taxes ……………………………..……………... 1212
12-2.16 Temporary Certificate of Occupancy …………..………………... 1212
12-2.17 Construction Shed ……………………………………..……... 1212
12-3 RESERVED ………………………………………………….………… 1212
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Rev. January 2022
12-4 UNFIT DWELLINGS ………………………………….………… 1213
12-4.1 Findings ……………………………………….…………… 1213
12-4.2 Unfit Dwellings Prohibited ………………………….………… 1213
12-4.3 Public Officer Designated ………………………….………… 1213
12-4.4 Complaint to Owner ……………………………..……………... 1213
12-4.5 Determination of Unfitness ……………………..……………... 1213
12-4.6 Failure to Comply ……………………………………..……... 1214
12-4.7 Inhabiting Posted Building ………………………………......... 1214
12-4.8 Order to Remove or Demolish ……………………………. 1214
12-4.9 To be Lien Against Property …………………………..………... 1214
12-4.10 Conditions Causing Unfitness ……………………………. 1214
12-4.11 Unfit or Unsafe Buildings ……………………………..……... 1214
12-4.12 Service of Complaint …………………………………..………... 1214
12-4.13 Powers of Public Officer ….………………………………… 1215
12-4.14 Removal or Repair by Borough ……………………………. 1215
12-5 DEFINITIONS ……………………………………………………. 1216
12-6 EXTERIOR DESIGN AND APPEARANCE OF
BUILDINGS ……………………………………………….…… 1217
12-6.1 Findings ……………………………………………………. 1217
12-6.2 Similar Design to Neighboring Buildings Prohibited .…………... 1217
12-6.3 Building Deemed Similar ………….………………………… 1218
12-6.4 Location of Similar Buildings …….……………….……... 1218
12-6.5 Building Permit, Exterior Drawings Required ……………. 1218
12-6.6 Denial of Application ……………………………..…..…………. 1218
12-6.7 Appeal to Building Board ………………………..….……….. 1219
12-7 BUILDING BOARD ……………………………………..….………….. 1220
12-7.1 Creation, Members ………………………………..….……….. 1220
12-7.2 Meetings …………………………….……………..….……. 1220
12-7.3 Duty of Board ……………………….……………..….…………. 1220
12-7.4 Hearing ……………………………………………….…… 1220
12-7.5 Powers of Building Board …………………………….……… 1220
12-8 RESERVED ………………………………………….…………… 1220
12-9 HOURS OF CONSTRUCTION …………………………………….. 1221
12-9.1 Days and Hours …………………………………………….. 1221
12-9.2 Exceptions …………………………………………………….. 1221
12-9.3 Enforcement, Violations and Penalties …………………….. 1221
12-10 UNDERGROUND UTILITIES …………………………………….. 1222
12-10.1 Installation Required …………………………………………….. 1222
12-10.2 Exceptions …………………………………………………….. 1222
12-10.3 Temporary Service …………………………………………….. 1222
12-10.4 Placement …………………………………………………….. 1222
12-10.5 Repair and Maintenance of Existing Utilities …………………….. 1222
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Rev. January 2022
12-11 USE OF GENERATORS PROHIBITED …………………………….. 1223
12-11.1 Power Generators …………………………………………………….. 1223
12-11.2 Exceptions …………………………………………………………….. 1223
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Rev. January 2022
CHAPTER XIII
ZONING
13-1 TITLE, PURPOSE AND INTERPRETATION …………………….. 1301
13-1.1 Title …………………………………………………………….. 1301
13-1.2 Interpretation …………………………………………………….. 1301
13-1.3 Purpose …………………………………………………….. 1301
13-1.4 Applicability of Zoning Regulations …………………………….. 1301
13-2 ZONING MAP …………………………………………………….. 1302
13-2.1 Adopted by Reference …………………………………………….. 1302
13-2.2 Official Zoning Map …………………………………………….. 1302
13-2.3 Changes in Zoning Map …………………………………….. 1302
13-2.4 Replacement of Official Zoning Map …………………………….. 1302
13-3 DEFINITIONS …………………………………………………….. 1303
13-4 ESTABLISHMENT OF DISTRICTS …………………………….. 1309
13-4.1 Interpretation of District Boundaries …………………………….. 1309
13-4.2 Application of District Regulations …………………………….. 1309
13-5 NONCONFORMING LOTS, NONCONFORMING USES OF LAND,
NONCONFORMING STRUCTURES, AND NONCONFORMING
USES OF STRUCTURES AND PREMISES …………………………... 1311
13-5.1 Intent …………………………………………………………….. 1311
13-5.2 Extension …………………………………………………….. 1311
13-5.3 Construction Previously Approved …………………………….. 1311
13-5.4 Nonconforming Lots of Record …………………………….. 1311
13-5.5 Nonconforming Lots of Single Ownership …………………….. 1311
13-5.6 Nonconforming Uses of Land …………………………………….. 1312
13-5.7 Nonconforming Structures …………………………………….. 1312
13-5.8 Nonconforming Uses of Structures …………………………….. 1312
13-5.9 Repairs and Maintenance …………………………………...... 1313
13-5.10 Uses Under Exception Provisions Not Nonconforming Uses…….. 1313
13-6 ESTABLISHMENT OF ZONES …………………………………….. 1314
13-7 GENERAL REGULATIONS …………………………………………….. 1315
13-7.1 Zoning Affects Every Use and Structure …………………….. 1315
13-7.2 Height Limits …………………………………………………….. 1315
13-7.3 Coverages …..…………………………………………………….. 1315
13-7.4 Easements …………………………..…………………………….. 1316
13-7.5 Area and Yard Requirements …………………………………….. 1317
13-7.6 Required Yards Cannot Be Reduced or Used by Another Building 1317
13-7.7 Accessory Buildings in All Districts …………………………….. 1317
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Rev. January 2022
13-7.8 Yards Adjacent to Barnegat Bay, Lagoons, Coves
and Other Bodies of Water …...…………………………. 1317
13-7.9 Lots Adjacent to the Beach-Dune Facility ……………………. 1317
13-7.10 Delineated Wetlands Line ……………………………….…… 1318
13-7.11 Lighting ……………………………………………………. 1318
13-7.12 Second Dwelling – Prohibited …………………………….. 1318
13-7.13 Flood Zone …………………………………………………….. 1318
13-8 PERMITTED MODIFICATIONS AND EXCEPTIONS ……………. 1319
13-8.1 Exceptions to the Height Limits …………….……..……….. 1319
13-8.2 Exceptions to Setbacks in R-A Single Family, Residential District 1319
13-8.3 Permitted Exceptions to Setbacks in All Zones ……………. 1320
13-8.4 Exceptions to Houses Being Raised ……………………………. 1320
13-9 R-A, SINGLE-FAMILY, RESIDENTIAL DISTRICT ……………. 1321
13-9.1 Principal Uses and Buildings Permitted ……………………. 1321
13-9.2 Accessory Uses and Buildings Permitted …………………..... 1321
13-9.3 Home Occupations ……………………………………………. 1321
13-9.4 Area and Yard Requirements ……………………………………. 1322
13-9.5 Prohibited Uses and Buildings ……………………………. 1322
13-9.6 Off-Street Parking Requirements ……………………………. 1323
13-9.7 Minimum Floor Area Requirements ……………………………. 1323
13-10 R-AA, SINGLE-FAMILY RESIDENTIAL DISTRICT ……………. 1324
13-10.1 General Regulations ……………………………………………. 1324
13-10.2 Reserved ……………………………………………………. 1324
13-10.3 Area and Yard Requirements ……………………………………. 1324
13-10.4 Prohibited Uses and Buildings ………………………….… 1324
13-11 GB, GENERAL BUSINESS DISTRICT ……………………………. 1325
13-11.1 General Regulations ……………………………………..……... 1325
13-11.2 Principal Uses and Buildings Permitted ……………………. 1325
13-11.3 Area and Yard Requirements ……………………………………. 1326
13-11.4 Prohibited Uses and Buildings ……………………………. 1326
13-11.5 Off Street Parking Requirements ……………………………. 1326
13-11.6 Minimum Floor Area of Residential Buildings ……………. 1328
13-11.7 Off-Street Loading Space Requirements ……………………. 1328
13-12 MC, MARINE, COMMERCIAL DISTRICT ……………………. 1329
13-12.1 Regulations ……………………………………………………. 1329
13-12.2 Principal Use and Building Permitted……………………………. 1329
13-12.3 Area and Yard Requirements ……………………………………. 1330
13-12.4 General Regulations and Prohibitions ……………………. 1330
13-12.5 Off-Street Parking ……………………………………………. 1330
TABLE OF CONTENTS – Page 26
Rev. January 2022
13-13 LC, LIMITED COMMERCIAL DISTRICT …………….……………… 1331
13-13.1 Intent ………………………………………………….………… 1331
13-13.2 Principal Uses and Buildings Permitted ……………………. 1331
13-13.3 Area and Yard Requirements ……………………………………. 1331
13-13.4 Reserved ……………………………………………………. 1332
13-13.5 Off-Street Parking Requirements ……………………………. 1332
13-13.6 Reserved ……………………………………………………. 1332
13-13.7 Off-Street Loading Space Requirements ……….…………… 1332
13-14 SIGNS ……………………………………………………………………. 1333
13-14.1 Signs in R-A, R-AA and Residential Districts ……………. 1333
13-14.2 GC, General Commercial District; MC, Marine Commercial District;
and LC, Limited Commercial District …………….. 1334
13-14.3 Prohibited Features …………………………………………….. 1334
13-14.4 Signs for Oversized Parcels – One Acre (43,560 SF) and Over …. 1334
13-14.5 Real Estate Signs …………………………………………….. 1335
13-15 FENCES, VEGETATION, LANDSCAPE, AND
TRASH ENCLOSURES …………………………………………….. 1336
13-15.1 General Provisions …………………………………………….. 1336
13-15.2 Fence Permit ……………………………………………….......... 1336
13-15.3 Vision Clearance on Corner Lots …………………………….. 1336
13-15.4 Use of Contiguous Borough Right of Way …………………….. 1337
13-15.5 Retaining Walls …………………………………………….. 1337
13-16 ADMINISTRATION …………………………………….......................... 1338
13-16.1 Enforcement …………………………………………….………. 1338
13-16.2 Certificates and Permits …………………………………….. 1338
13-16.3 Records …………………………………………………….. 1341
13-16.4 Construction Trailers …….………………………………………. 1341
13-17 SWIMMING POOLS AND HOT TUBS …………………………….. 1342
13-17.1 General …………………………………………………….. 1342
13-17.2 Classification …………………………………………………….. 1342
13-17.3 Compliance with Building Code …………………………….. 1342
13-17.4 Permits …………………………………………………….. 1342
13-17.5 Swimming Pools …………………………………………….. 1342
13-17.6 Hot Tubs …………………………………………………….. 1343
13-17.7 Reserved ..…………………………………………………… 1343
13-17.8 Zoning Requirements and Lot Coverage …...………………... 1343
13-18 RS, RESIDENTIAL BOAT SLIP DISTRICT …………………….. 1344
13-18.1 Residential Boat Slip District …………………………………….. 1344
13-18.2 Principal Uses …………………………………………………….. 1344
13-19 VIOLATIONS AND PENALTIES …………………………………….. 1344
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Rev. January 2022
CHAPTER XIV
LAND USE PROCEDURES
14-1 PREAMBLE …………………………………………………………….. 1401
14-2 DEFINITIONS …………..…………………..…………………….. 1402
14-3 PLANNING BOARD …………………………………………….. 1403
14-3.1 Establishment …………………………………………….. 1403
14-3.2 Terms …………………………………………………………….. 1403
14-3.3 Vacancies …………………………………………………….. 1403
14-3.4 Organization of the Board …………………………………….. 1403
14-3.5 Planning Board Attorney, Experts and Staff …………………….. 1404
14-3.6 Powers and Duties Generally …………….………………………. 1404
14-3.7 Procedure for Submission of Matters and Consideration of Same
by Planning Board ………………...………………… 1405
14-3.8 Alternate Members ……………………….……………………. 1407
14-3.9 Rules and Regulations ……………………..……………… 1407
14-4 ZONING BOARD OF ADJUSTMENT ……..……………………… 1408
14-4.1 Powers, Duties and Responsibilities to be Transferred to Planning
Board or Land Use Board ……..………..….………... 1408
14-4.2 Reserved ……………………………………..…..………… 1408
14-4.3 Reserved ……………………………………………….…… 1408
14-4.4 Reserved ……………………………………………………. 1408
14-4.5 Powers of the Zoning Board of Adjustment ………..…………… 1408
14-4.6 Expiration of Variance ………………………………..…… 1409
14-4.7 Appeals and Applications ……………………………..……… 1410
14-4.8 Board of Adjustment Fees …………………………………….. 1410
14-4.9 Applications for Variances Accompanied by Subdivision and/or Site
Plan Application ………………….……………….. 1411
14-5 PROVISION PERTAINING TO THE PLANNING BOARD
AND ZONING BOARD OF ADJUSTMENT AND
THE INTERRELATIONSHIP BETWEEN SAID BOARDS …….. 1412
14-5.1 Prohibited Uses ………………………………………..…… 1412
14-5.2 Use Variance Applications Forwarded to the Planning Board ….. 1412
14-5.3 Vacating a Street or Other Public Way ………..…………… 1412
14-5.4 Conflicts of Interest ……………………………..……………… 1412
14-5.5 Meetings …………………………………………..………… 1412
14-5.6 Minutes ……………………………………………..……… 1413
14-5.7 Transcripts …………………………………………..………… 1413
14-5.8 Records ………………………………………………..…… 1413
14-5.9 Fees …………………………………………..………………… 1413
14-5.10 Hearings …………………………………….………………. 1413
14-5.11 Oaths ………………………………………….…………………. 1413
14-5.12 Testimony …………………………………….………………. 1413
14-5.13 Appearance by Corporation ………………….…………………. 1413
TABLE OF CONTENTS – Page 28
Rev. January 2022
14-5.14 Notice Requirements for Hearing …………….………………. 1413
14-5.15 Decisions …………………………………….………………. 1415
14-5.16 Publication of Decision ……………………….……………. 1415
14-5.17 Payment of Taxes …………………………….………………. 1415
14-5.18 Conditional Approvals ……………………….……………. 1416
14-6 RESERVED ………………………………………….…………………. 1417
14-7 MISCELLANEOUS PROVISIONS …………………………………….. 1418
14-7.1 Definition of Terms …………………………………………….. 1418
14-7.2 Repeals …………………………………………………..… 1418
14-7.3 Ordinances Continued …………………………………………….. 1418
14-7.4 Pending Applications ………………………………….…………. 1418
14-7.5 Title …………………………………………………….. 1418
14-7.6 Effective Date …………………………………………………….. 1418
14-7.7 Copy Filed with County Planning Board …………………….. 1418
14-7.8 Severability …………………………………………………….. 1418
TABLE OF CONTENTS – Page 29
Rev. January 2022
CHAPTER XV
SITE PLAN
15-1 SHORT TITLE …………………………………………………….. 1501
15-2 DEFINITIONS …………………………………………………….. 1502
15-3 NECESSITY OF SITE PLAN REVIEW …………………………….. 1503
15-4 PROCEDURE FOR PRELIMINARY SITE PLAN APPROVAL ………. 1504
15-4.1 Filing Procedure …………………………………………….. 1504
15-4.2 Approving Authority to Review: Grant or Deny Approval …….. 1504
15-5 PROCEDURE FOR FINAL SITE PLAN APPROVAL …………….. 1505
15-5.1 Filing Procedure ……………………………………….……. 1505
15-5.2 Approving Authority to Review: Grant or Deny Approval …….. 1505
15-6 SIGNATURE UPON FINAL APPROVAL …………………………….. 1506
15-7 PRELIMINARY SITE PLAN DETAILS ………………………..…… 1507
15-8 FINAL SITE PLAN DETAILS …………………………………….. 1509
15-9 EXCEPTIONS ………………………………………………..…… 1510
15-10 STANDARD REGULATIONS …………………………………….. 1511
15-11 GUARANTEES AND INSPECTIONS …………………………….. 1512
15-11.1 Final Plat Approval …………………………………………….. 1512
15-11.2 Borough Attorney to Approve Performance Bond ……..……… 1512
15-11.3 Amount of Performance Guarantee ……..………………...……. 1512
15-11.4 Term; Extension …………………………………………..… 1512
15-11.5 Borough Engineer to Inspect; Developer to Pay Cost ……............ 1512
15-11.6 Inspection Procedures …………………………………………….. 1513
15-11.7 Governing Body to Approve; Notify …………………………….. 1513
15-11.8 Rejection Procedures …………………………………………….. 1513
15-11.9 Approval Does Not Obligate Borough …………………….. 1513
15-12 MAINTENANCE GUARANTEE …………………………………….. 1514
15-13 FEES …………………………………………………………………….. 1515
15-14 SEVERABILITY …………………………………………………….. 1516
15-15 INCONSISTENT ORDINANCES REPEALED …………………….. 1517
15-16 SPECIFIC REPEALER …………………………………………….. 1517
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Rev. January 2022
15-17 VIOLATIONS AND PENALTIES …………………………………….. 1517
15-18 EFFECTIVE DATE …………………………………………………….. 1517
15-19 COPY TO BE FILED WITH THE COUNY PLANNING BOARD ……. 1517
TABLE OF CONTENTS – Page 31
Rev. January 2022
CHAPTER XVI
LAND SUBDIVISION
16-1 SHORT TITLE ………..…………………………………………… 1601
16-2 PURPOSE …………………..………………………………………… 1602
16-3 GENERAL PROVISIONS ……..……………………………………… 1603
16-3.1 Administration …………………..………………………… 1603
16-3.2 Amendments …………………………..……………………........ 1603
16-3.3 Conditional Approval ………………………..……………..…….. 1603
16-3.4 Effective Date …………………………………..……………..….. 1603
16-3.5 Exceptions ………………………………………………….…. 1603
16-3.6 Exemptions From Subdivision Regulations ………………….…. 1603
16-3.7 Fees …………………………………………………...….…….. 1604
16-3.8 Guarantees and Inspections ………………………………….…. 1605
16-3.9 Inconsistent Ordinances Repealed ……………………….……… 1608
16-3.10 Interpretation ………………………………………………..…... 1608
16-3.11 Validity ……………………………………………..……... 1608
16-3.12 Violations and Penalties ………………………………….… 1608
16-4 DEFINITIONS ………………………………………….………… 1609
16-4.1 As Used in this Chapter ………………………………….… 1609
16-5 SUBDIVISION REVIEW AND APPROVAL ……………………. 1611
16-5.1 Minor Subdivision Procedure ……………………………………. 1611
16-5.2 Minor Subdivision Plat Details …………………….……… 1612
16-5.3 Major Subdivisions ……………………………………………. 1613
16-5.4 Recommended Details for an Informal Plat For a Major
Subdivision ………………………….……………….… 1614
16-5.5 Preliminary Plat Approval; Major Subdivisions ……….…… 1614
16-5.6 Preliminary Plat Details; Major Subdivision ………………….… 1615
16-5.7 Final Plat Approval; Major Subdivision ……………………. 1618
16-5.8 Final Plat Details; Major Subdivisions ……………………. 1620
16-5.9 Procedure for Signature after Conditional Final Approval ……. 1620
16-6 IMPROVEMENTS …………………………………………………..... 1621
16-7 DESIGN STANDARDS …………………………………………..... 1622
16-7.1 Streets ………………………………………………….………… 1622
16-7.2 Blocks ……………………………………………………………. 1623
16-7.3 Lots ……………………………………………………………. 1623
16-7.4 Grading and Paving of Streets ……………………………. 1624
16-7.5 Bridges ……………………………………………………. 1624
16-7.6 Sewers and Water Mains ……………………………………. 1624
16-7.7 Street Lighting ……………………………………………. 1624
16-7.8 Street Signs and Other Signs ……………………………………. 1624
16-7.9 Fire Hydrants ……………………………………………………. 1624
16-7.10 Monuments ……………………………………………………. 1624
TABLE OF CONTENTS – Page 32
Rev. January 2022
16-7.11 Native Vegetation ……………………………………………. 1625
16-7.12 Public Use and Service Areas ……………………………………. 1625
16-7.13 Lagoons ……………………………………………………. 1625
16-7.14 Bulkheads ……………………………………………………. 1625
16-7.15 Electric and Telephone Utilities ……………………………. 1625
16-7.16 Seeding ……………………………………………………. 1625
16-7.17 Topsoil ……………………………………………………. 1626
16-7.18 Fill Dirt ……………………………………………………. 1626
TABLE OF CONTENTS – Page 33
Rev. January 2022
CHAPTER XVII
UNIFORM FIRE SAFETY CODE
17-1 LOCAL ENFORCEMENT ……………………………………………. 1701
17-2 AGENCY DESIGNATION ……………………………………………. 1701
17-3 DUTIES …………………………………………………………….. 1701
17-4 LIFE HAZARD USES …………………………………………….. 1701
17-5 ORGANIZATION ………………………………...………….……….. 1701
17-6 APPOINTMENTS …………………………………………………….. 1701
17-7 BOARD OF APPEALS …………………………………………….. 1702
17-8 PERMITS …………………………………………………………….. 1702
TABLE OF CONTENTS – Page 34
Rev. January 2022
CHAPTER XVIII
RECYCLING
18-1 SHORT TITLE ……………………………………….……………. 1801
18-2 DEFINITIONS ……………………………………………….……. 1802
18-3 ESTABLISHMENT OF PROGRAM – MANDATORY
RECYCLABLE MATERIALS ……………………………….……. 1804
18-4 SEPARATION OF RECYCLABLES AND PLACEMENT FOR
DISPOSAL …………………….………………………………………. 1805
18-5 COMMERCIAL ESTABLISHMENTS………………………….……….. 1806
18-6 ALTERNATIVE COLLECTION OF RECYCLABLE
MATERIALS ………….…………………………………………………. 1807
18-7 COLLECTION BY UNAUTHORIZED PERSONS…………………..…. 1807
18-8 ENFORCEMENT AND ADMINISTRATION ……………...…...... 1807
18-9 VIOLATIONS AND PENALTIES …………………………………...... 1808
18-10 EXEMPTIONS ………………………………………………..…… 1808
TABLE OF CONTENTS – Page 35
Rev. January 2022
CHAPTER XIX
STREETS AND SIDEWALKS
19-1 EXCAVATION IN PUBLIC STREETS …………………………….. 1901
19-1.1 Definition …………………………………………………….. 1901
19-1.2 Permit Required …………………………………………….. 1901
19-1.3 Denial of Permit; Appeal …………………………………….. 1901
19-1.4 Application for Permit …………………………………….. 1901
19-1.5 Contents of Permit; Filing …………………………………….. 1902
19-1.6 Deposit …………………………………………………….. 1902
19-1.7 Insurance …………………………………………………….. 1902
19-1.8 Rules and Regulations; Backfilling……………………………….. 1902
19-1.9 Rules and Regulations for Restoration of Surface………………… 1903
19-1.10 Mountable Concrete Curbs …………………………………….. 1904
19-1.11 Permit Conditions and Regulations …………………………….. 1904
SCHEDULE “A” MOUNTABLE CONCRETE CURB …………….. 1905
19-2 COMMERCIAL USE OF PUBLIC STREET ENDS …………….. 1906
19-2.1 Definition …………………………………………………….. 1906
19-2.2 Permitted Use …………………………………………………….. 1906
19-2.3 Prohibited Use …………………………………………………….. 1906
19-2.4 Exceptions …………………………………………………….. 1906
19-2.5 Violations …………………………………………………….. 1906
TABLE OF CONTENTS – Page 36
Rev. January 2022
CHAPTER XX
FERTILIZER APPLICATION REQUIREMENTS
20-1 FINDINGS …………………………………………………………….. 2001
20-2 DEFINITIONS …………………………………………………….. 2002
20-3 PROHIBITED CONDUCT …………………………………………….. 2003
20-4 PERMITTED APPLICATIONS …………………………………….. 2004
20-5 LANDSCAPE PROFESSIONAL REQUIREMENTS …………….. 2005
20-6 GUIDELINES …………………………………………………………….. 2006
20-7 ENFORCEMENT …………………………………………………….. 2006
20-8 VIOLATIONS AND PENALTIES …………………………………….. 2006
TABLE OF CONTENTS – Page 37
Rev. January 2022
CHAPTER XXI
PROPERTY MAINTENANCE CODE
21-1 TITLE ……………………………………………………..……………… 2101
21-2 SCOPE …………………………………………………………………… 2101
21-3 INTENT ………………………………………………………………….. 2101
21-4 DEFINITIONS …………………………………………………………... 2101
21-5 VIOLATIONS ……………………………………………………………. 2103
21-5.1 Unlawful acts …………………………………………………….. 2103
21-5.2 Notice of violation ………………………………………………... 2103
21-5.3 Prosecution of violation …………………………………………… 2103
21-5.4 Violation penalties ……………………………………………….. 2103
21-5.5 Abatement of violation …………………………………………… 2103
21-6 NOTICES AND ORDERS ………………………………………………. 2104
21-6.1 Notice to person responsible ……………………………………... 2104
21-6.2 Form ……………………………………………………………… 2104
21-6.3 Method of service ………………………………………………… 2104
21-6.4 Unauthorized tampering ………………………………………….. 2104
21-6.5 Penalties …………………………………………………………... 2104
21-6.6 Transfer of ownership …………………………………………….. 2104
21-7 EXTERIOR PROPERTY AREAS ……………………………………….. 2105
21-7.1 Sanitation …………………………………………………………. 2105
21-7.2 Grading and drainage …………………………………………….. 2105
21-7.3 Weeds …………………………………………………………….. 2105
21-7.4 Rodent harborage …………………………………………………. 2105
21-7.5 Exhaust vents ……………………………………………………… 2105
21-7.6 Accessory structures ……………………………………………… 2105
21-7.7 Motor vehicles ……………………………………………………. 2105
21-7.8 Trees …………………………………………………………….. 2105
21-8 SWIMMING POOLS, SPAS AND HOT TUBS ………………………… 2106
21-8.1 Swimming pools …………………………………………………. 2106
21-8.2 Enclosures ………………………………………………………... 2106
21-9 EXTERIOR STRUCTURE ………………………………………………. 2107
21-9.1 General …………………………………………………………… 2107
A. Unsafe Conditions …………………………………………… 2107
21-9.2 Protective treatment ………………………………………………. 2108
21-9.3 Premises identification …………………………………………… 2108
21-9.4 Structural members ………………………………………………. 2108
21-9.5 Roofs and drainage ………………………………………………. 2108
21-9.6 Stairways, decks, porches and balconies ………………………… 2108
TABLE OF CONTENTS – Page 38
Rev. January 2022
21-10 HANDRAILS AND GUARDRAILS …………………………………… 2109
21-10.1 General …………………………………………………………... 2109
21-11 RUBBISH AND GARBAGE …………………………………………… 2109
21-11.1 Accumulation of rubbish or garbage ……………………………. 2109
21-11.2 Disposal of rubbish ……………………………………………… 2109
21-11.3 Rubbish storage facilities ……………………………………….. 2109
CHAPTER XXII
PLASTIC BAG REGULATIONS
22-1 INTENT …………………………………………………………….. 2201
22-2 DEFINITIONS …………………………………………………….. 2201
22-3 REGULATION OF SINGLE-USE, PLASTIC CARRYOUT BAGS …… 2202
22-4 EXCEPTIONS …………………………………………………….. 2202
22-5 VIOLATIONS AND PENALTIES …………………………………….. 2202
TABLE OF CONTENTS – Page 39
Rev. January 2022
CHAPTER XXIII
WIRELESS COMMUNICATIONS FACILITIES
23-1 PURPOSE …………………………………………………………….. 2301
23-2 APPLICABILITY …………………………………………………….. 2302
23-3 DEFINITIONS …………………………………………………….. 2303
23-4 PERMITTED USE, SCOPE, AND RESTRICTIONS …………….. 2307
23-5 COLLOCATION AND PRIORITY POLICY …………………….. 2308
23-6 COSTS AND FEES …………………………………………………….. 2309
23-7 APPLICATION REQUIREMENTS FOR THE INSTALLATION OF
TOWER BASED AND/OR SUBSTANTIAL CHANGES TO
WIRELESS COMMUNICATIONS FACILITIES …………………….. 2310
23-8 REVIEW OF TOWER-BASED APPLICATIONS AND/OR SUBSTANTIAL
CHANGES TO WIRELESS COMMUNICATIONS FACILITIES ……. 2314
23-9 APPLICATION REQUIREMENTS FOR NEW CONSTRUCTION
AND/OR INSTALLATION OF NEW SMALL WIRELESS FACILITY
POLES FOR THE SITING OF SMALL WIRELESS FACILITIES IN THE
ROW, THE COLLOCATION OF NON-SMALL WIRELESS FACILITIES,
SUBSTANTIAL CHANGES TO SMALL WIRELESS FACILITIES, AND
NON-SUBSTANTIAL CHANGES TO NON-SMALL
WIRELESS FACILITIES ………………………………………..…… 2315
23-10 REVIEW OF APPLICATIONS FOR NEW CONSTRUCTION AND/OR
INSTALLATION OF ALL WIRELESS COMMUNICATIONS FACILITIES
THAT INCLUDE NEW UTILITY POLES FOR THE SITING OF SMALL
WIRELESS FACILITIES IN THE ROW, THE COLLOCATION OF
NON-SMALL WIRELESS FACILITIES, SUBSTANTIAL CHANGES TO
SMALL WIRELESS FACILITIES, AND NON-SUBSTANTIAL
CHANGES TO NON-SMALL WIRELESS FACILITIES ……….…… 2318
23-11 APPLICATION REQUIREMENTS FOR COLLOCATION AND NON-
SUBSTANTIAL CHANGES TO SMALL WIRELESS FACILITIES…. 2320
23-12 REVIEW OF APPLICATIONS THAT CONSTITUTE COLLOCATION
AND NON-SUBSTANTIAL CHANGES TO SMALL WIRELESS
FACILITIES …………………………………………………………….. 2322
TABLE OF CONTENTS – Page 40
Rev. January 2022
23-13 GENERAL REQUIREMENTS FOR THE CONSTRUCTION AND/OR
INSTALLATION OF ALL WIRELESS COMMUNICATIONS FACILITIES
THAT CONSTITUTE A NEW TOWER AND TOWER-BASED WIRELESS
COMMUNICATIONS FACILITY, NON-COLLOCATION, AND/OR
SUBSTANTIAL CHANGES TO WIRELESS COMMUNICATIONS
FACILITIES …………………………………………………………….. 2323
23-14 GENERAL REQUIREMENTS FOR NEW CONSTRUCTION AND/OR
INSTALLATION OF ALL WIRELESS COMMUNICATIONS FACILITIES
THAT INCLUDE NEW SMALL WIRELESS FACILITY POLES FOR THE
SITING OF SMALL WIRELESS FACILITIES IN THE ROW, THE
COLLOCATION OF NON-SMALL WIRELESS FACILITIES, NON-
SUBSTANTIAL CHANGES TO NON-SMALL WIRELESS FACILITIES,
AND THE COLLOCATION OF AND NON-SUBSTANTIAL CHANGES
TO SMALL WIRELESS FACILITIES …………………………….. 2329
23-15 EXISTING NONCONFORMING ANTENNAS OR TOWERS;
DAMAGED …………………………………………………………….. 2335
23-16 RELOCATION OR REMOVAL OF FACILITIES …………………….. 2335
23-17 ANNUAL RECERTIFICATION REQUIREMENTS FOR ALL WIRELESS
COMMUNICATIONS FACILITIES …………………………………….. 2336
23-18 NON-PERMITTED INSTALLATIONS …………………………….. 2337
23-19 ENFORCEMENT, VIOLATIONS, AND PENALTIES …………….. 2337
23-20 MISCELLANEOUS …………………………………………………….. 2337
TABLE OF CONTENTS – Page 41
Rev. January 2022
CHAPTER XXIV
FLOODPLAIN MANAGEMENT REGULATIONS
RECITALS …………………………………………………………….. 2401
24-1 SCOPE AND ADMINISTRATION …………………………………….. 2402
24-2 APPLICABILITY …………………………………………………….. 2405
24-3 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR 2408
24-4 PERMITS ……………………………………………………………. 2413
24-5 SITE PLANS AND CONSTRUCTION DOCUMENTS ………………. 2414
24-6 INSPECTIONS ……………………………………………………. 2417
24-7 VARIANCES …………………………………………………………….. 2418
24-8 VIOLATIONS …………………………………………………….. 2420
24-9 DEFINITIONS …………………………………………………… 2421
24-10 SUBDIVISIONS AND OTHER DEVELOPMENTS …………… 2434
24-11 SITE IMPROVEMENT …………………………………………… 2435
24-12 MANUFACTURED HOMES …………………………………… 2438
24-13 RECREATIONAL VEHICLES …………………………………… 2439
24-14 TANKS …………………………………………………………… 2439
24-15 OTHER DEVELOPMENT AND BUILDING WORK ……………. 2440
24-16 TEMPORARY STRUCTURES AND TEMPORARY STORAGE ……. 2447
24-17 UTILITY AND MISCELLANEOUS GROUP U ……………………. 2447
i
AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE
ORDINANCES OF THE BOROUGH OF HARVEY CEDARS IN THE
COUNTY OF OCEAN, NEW JERSEY
WHEREAS, the Board of Commissioners of the Borough of Harvey Cedars, in the County
of Ocean, New Jersey has caused its ordinances of a general and permanent nature to be compiled
and revised and embodies in a revision and codification known as “General Ordinances of the
Borough of Harvey Cedars, New Jersey.”
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONS OF
THE BOROUGH OF HARVEY CEDARS IN THE COUNTY OF OCEAN, NEW JERSEY, AS
FOLLOWS:
Section 1. The ordinances of the Borough of Harvey Cedars, in the County of Ocean, New Jersey,
of a general and permanent nature, as codified, Chapters 1 to XIII are hereby ordained
as general ordinances and are adopted as “General Ordinances of the Borough of
Harvey Cedars, New Jersey.”
Section 2. All the provisions of the “General Ordinances of the Borough of Harvey Cedars, New
Jersey” shall be in force and effect on and after the effective date of this ordinance.
Section 3. All ordinances of a general and permanent nature, adopted by the Board of
Commissioners (hereafter referred to as the “Commissioners”) and in force on March
7, 1975 and not contained in the “General Ordinances of the Borough of Harvey
Cedars, New Jersey,” are hereby repealed from and after the effective date of this
ordinance, except as hereinafter provided in Section 4.
Section 4. The repeal provided for in Section 3 of this ordinance shall not affect:
a. Any offense or act committed or done or any penalty or forfeiture incurred or any
contract or right established or accruing before the effective date of this ordinance.
b. Any prosecution, action, suit or other proceeding pending or any judgment rendered
on or prior to the effective date of this ordinance;
c. Any right of franchise conferred by the Commissioners;
d. Any right, right-of-way or easement acquired or established in any street, road,
highway or other public place within the Borough;
e. Any ordinance of the Borough providing for laying out, opening, altering,
widening, relocating, straightening, acceptance or vacation of any street, road, or
highway within the Borough;
ii
f. Any ordinance or resolution of the Borough promising or guaranteeing the payment
of money by or for the Borough or authorizing the issuing of bonds or other
evidence of the Borough’s indebtedness, or any contract of or obligation assumed
by the Borough;
g. The annual budget appropriation ordinances or resolutions, and all ordinances and
resolutions appropriating or transferring funds;
h. The administrative ordinances or resolutions of the Commissioners not in conflict
or inconsistent with the provisions of these Revised Ordinances;
i. Any ordinance or resolution of the Commissioners fixing the compensation or
salaries of the Borough officials and employees or the pay and compensation of
positions and clerical employments which are not provided for in these General
Ordinances and which are not in conflict or inconsistent therewith;
j. Any ordinance or resolutions of the Commissioners creating employments,
positions or offices and fixing duties therefore which are not provided for in these
General Ordinances and which are not in conflict or inconsistent therewith;
k. Concerning the Traffic chapter, any other provision of this ordinance to the contrary
notwithstanding, the repeal provided for in Section 3 of this ordinance shall not
become effective with respect to any ordinance regulating traffic or parking on the
public streets or highways until the traffic and parking chapters of this revision are
finally approved by the Commissioner of the New Jersey Department of
Transportation, and said chapters shall not take effect until finally approved by the
Director as aforesaid.
l. Any ordinance adopted by the Board of Health of the Borough that is not included
in this codification;
m. Any ordinance of the Board of Commissioners adopted upon final passage after the
7
th
day of March, 1975.
Section 5. The effect of proposed changes contained in the revision is listed below:
Chapter I – General. Chapter 1 is new. It contains general definitions and rules of
construction that are intended to provide uniform construction and interpretation of
general terms used through the revisions, as well as for all other ordinances of the
Borough of Harvey Cedars. This chapter also contains a severability clause and the
official title of the revision.
iii
Chapter II – Administration. Contained in this chapter is the administrative code
of the Borough of Harvey Cedars. This code has been derived in part from existing
ordinances of the borough and in part from the general laws of the State of New
Jersey. Section 2-1 contains the chapter title; section 2-2 concerns the Board of
Commissioners; 2-2.1 covers the organization; 2-2.2 is concerned with powers of
the Commissioners. Subsection 2-2.3 deals with meetings and rules of procedure.
The powers and duties of the mayor pursuant to law are in section 2-3, and section
2-4 covers appointment of the clerk. This chapter also contains ordinances
concerning administrative organizations and personnel policies.
In subsection 2-7.6, the new age requirement for a candidate for the police
department is eighteen years of age. In subsection 2-7.7, Compensation, the new
material shall read “The compensation to be paid to members of the police
department shall be as provided in the annual salary ordinance of the borough. All
municipal employees who work on holidays shall be entitled to be paid for such
holidays, not exceeding ten, the sum as shall equal a proportionate amount of their
regular pay, computed on the basis of a 40 hour week.”
Subsection 2-9.4 is changed to read the “Judge” shall have the power in
criminal cases. The new subsection 2-9.5 states that the municipal judge shall fix
and determine the time when court shall be held.
In subsection 2-12.1, the new phrase is “Any person claiming payments of
funds from the borough shall present to the borough clerk a voucher.”
The new subsection section 2-13.2, Holiday Compensation, reads:
“All municipal employees who work on holidays shall be entitled to be paid for
such holidays, not exceeding ten, the sum as shall be equal a proportionate amount
of their regular pay, computed on the basis of a 40 hour week.
The following are new subsections inserted into section 2-15. Fire
Department. Subsection 2-15.1, establishing the organization of the fire
department; subsection 2-15.2 showing membership in the fire department;
subsection 2-15.3, establishing board of fire officers; subsection 2-15.4, providing
for retirement from service; subsection 2-15.5, adoption of bylaws and subsection
2-15.9 giving duties of the secretary.
Chapter III – Police Regulations. Section 3-9 contains the general penalty clause
applicable to the chapter and the entire revision. In subsection 3-9.1 a maximum
penalty of five hundred ($500.00) dollars fine 90 days imprisonment or both is set
forth. Subsection 3-9.2 states that each and every day a violation exists is deemed
a separate violation. The amount of any particular penalty is at the discretion of the
adjudicating authority. Subsection 3-9.3 does not change the law of the
iv
borough, but simply eliminated the need to restate the maximum penalty clause
each time a new regulatory ordinance is adopted. Chapter III also contains
ordinances controlled by police supervision
Chapter IV – General Licensing. Borough ordinances concerning licensing are
organized in this chapter. Subsection 4-1.4 establishes a new fee of twenty-five
($25.00) dollars for hawkers, peddlers and itinerant vendors. Subsection 4-2.2 is
changed to read “Such registration shall be issued only to vehicles with four-wheel
drive known as “beach buggy” or “jeep.”
Chapter V – Alcoholic Beverage Control. The existing borough ordinances on this
subject have been rearranged for purposes of topical sequence. Section 5-1 is new
and states the purposes of the alcoholic beverage licensing, which is to comply with
the law, referencing it to the provisions of Title 33.
Section 5-2 references the definitions of words and phrases to the definitions
provided in Title 33 of the Revised Statutes. Subsection 5-3.1 stated that all
applications for licenses shall be in accord with state and federal law. The issuing
authority, which is the board of commissioners, is established in subsection
5-3.2. Subsection 5-3.3 established the requirements of a license, and in subsection
5-3.4, the license fees are established. Subsection 5-4.3 prohibits selling, serving or
delivery of any alcoholic beverage to any habitual drunkard, intoxicated person pr
permitting them to remain on the premises. Section 5-6
provides for the suspension or revocation of licenses if any of the provisions of this
chapter or the rules of the director of the A.B.C. is violated.
Chapter VI - Licensing of Dogs. Ordinances relating to dog licensing and
regulations are in this chapter.
Chapter VII - Sewer and Water. The Plumbing Code of New Jersey, water service,
and the joining of the Ocean County Sewerage Authority constitute this chapter. In
subsection 7-2.1, Schedule B, the new fee established is up to 19 feet, $3.00 each
and over 19 feet, $6.00 each. The new subsection 7-2.5, Curb
Boxes, reads “All curb boxes are and shall remain the property of the borough and
shall not be tampered with. Any subsection 7-2.1 was changed to include “and
shall be collected by the borough clerk.”
Chapter IX – Swimming Pools. Requirements for swimming pools are contained
in this chapter.
Chapter X – Waterfront Regulations. Regulations to protect the waterfront are
included herein.
Chapter XI – C.A.T.V. This chapter contains the C.A.T.V. regulations.
v
Chapter XII – Building and Housing. This chapter contains the adoption of the
BOCA Building Code, supplements to BOCA, unfit dwellings, regulations on
exterior design, the Building Board, and the Federal Flood Insurance Program.
Chapter XIII – Zoning. The Zoning Ordinance of the Borough is contained in this
chapter.
Throughout the revision there has been re-organization and editing of the
source ordinances, not to effect substantive changes but intended to eliminate word
duplications and overlapping and to effect uniformity of expression. In some cases
provisions of the source ordinances have not been included in the revision either
because they have been expressly or impliedly repealed by later ordinances, are
obsolete or no longer apply in the Borough of Harvey Cedars.
Section 6. A copy of the “General Ordinances of the Borough of Harvey Cedars, New Jersey” has
been filed in the office of the Borough Clerk, and shall remain there for the use and
examination of the public until final action is taken on this ordinance.
Section 7. One copy of the “General Ordinances of the Borough of Harvey Cedars, New Jersey”
shall be and remain on file in the office of the Borough Clerk and made available to
persons desiring to examine same if this ordinance shall be adopted, and while the same
shall be in effect.
Section 8. This ordinance shall take effect immediately after final passage and publication thereof
according to law.
Introduced: September 5, 1975
Adopted: October 19, 1975
Approved: October 10, 1975
Attest:
I HEREBY CERTIFY that the foregoing ordinance is a true copy of an ordinance
given its final reading and adopted by the Mayor and Commissioners of the Borough
of Harvey Cedars in the County of Ocean, New Jersey, at a regular meeting of that
body held in the Council Chamber, Borough Hall, on the tenth day of October, 1975
and approved by the Mayor on that date.
1-1 GENERAL
101
CHAPTER I
GENERAL
1-1 SHORT TITLE.
The book shall be known and may be cited as “The Revised General Ordinances of the
Borough of Harvey Cedars, 1975,” and is herein referred to as the “revision”.
1-2 GENERAL
102
1-2 DEFINITIONS.
For the purpose of this revision, and in the interpretation and application of all other
ordinances heretofore or hereafter adopted, except as the context may otherwise require:
“Clerk” or “borough clerk” shall mean the municipal clerk duly appointed pursuant to law.
“Department” shall mean an organizational unit of the government established or designated
by ordinance or this revision as a department, together with any agency or instrumentality of the
government assigned to such organizational unit by the borough board of commissioners.
“Ordinance” shall mean any act of local legislation heretofore or hereafter adopted, and
including this revision, so long as it is adopted by the procedure required for the adoption of an
ordinance and so long as it remains in force and effect pursuant to law.
“Person” shall mean any individual, natural persons, partnerships, joint ventures, societies,
associations, clubs, trustees, trusts, corporations or unincorporated groups; or any officers,
agents, employees, servants, factors or any kind of personal representatives of any thereof in any
capacity, acting either for himself or for any other person, under either personal appointment or
pursuant to law.
“Borough” shall mean the Borough of Harvey Cedars in the County of Ocean and State of
New Jersey.
“Board” or “commissioners” shall mean the governing body of the borough constituted and
elected pursuant to law.
“Street” shall include a street, avenue, road, alley, lane, highway, boulevard, concourse,
driveway, culvert, sidewalk, and crosswalk, and every class of road, square, place or municipal
parking field used by the general public.
“Month” shall mean a calendar month unless otherwise specifically provided.
“Year” shall mean a calendar year unless otherwise specifically provided.
“Licensed” shall mean licensed in accordance with the appropriate section or chapter of this
revision.
1-3 GENERAL
103
1-3 CONSTRUCTION.
For the purpose of this revision and any other ordinances heretofore or hereafter adopted,
except as the context may otherwise require:
The present tense includes the past and future tenses and the future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural the singular.
“Shall” is mandatory and “may” is permissive.
The time within which an act is to be done shall be computed by excluding the first and
including the last day and if the last day be a Sunday, a legal holiday, or a day on which the
offices of the borough are closed, that day shall be excluded.
“Writing” and “written” shall include printing, typewriting and any other mode of
communication using paper or similar material which is in general use, as well as legible
handwriting.
Whenever a specific time is used in this revision, it shall mean the prevailing and established
time in effect in the State of New Jersey during any day in any year.
Any citation of a statute, law or ordinance contained in this revision shall be deemed to refer
to such statute, law or ordinance as amended, whether or not such designation is included in the
citation.
“Chapter” shall mean one of the major divisions of the revisions identified by a Roman
numeral and divided by subject matter.
“Section” shall mean a major subdivision of a chapter.
“Subsection” shall mean a subdivision of a section, identified by a decimal number.
“Paragraph” shall mean a subdivision under a subsection, identified by an alphabetical letter
or Arabic number.
1-4 GENERAL
104
1-4 SEVERABILITY.
If any chapter, section, subsection or paragraph of this revision shall be declared to be
unconstitutional, invalid, or inoperative, in whole or in part, by a court of competent jurisdiction,
such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional,
invalid or inoperative, remain in full force and effect, and no such determination shall be deemed
to invalidate the remaining chapters, sections, subsections or paragraphs of this revision.
2-1 ADMINISTRATION
201 Rev. Ord. Supp. 04/2008
CHAPTER II
ADMINISTRATION*
2-1 OFFICIAL TITLE.
This chapter shall be known and may be cited as the “Administrative Code of the Borough of
Harvey Cedars” and is herein referred to as the “code”.
_______________
*The form of government under which the borough operates is the Commission Form of
Government Law, comprising Chapters 70 to 76 of Title 40 of the Revised Statutes of New Jersey.
The administrative code has been drafted in conformity with this law and many of its provisions
are based on clauses found in Chapters 72 and 73 of Title 40. Other enabling laws pertaining to
the Administrative Chapter are R.S. 40:11-1 et seq., Officer and Employees; R.S. 40:47-1 et seq.,
Police and Fire Departments; R.S. 2A:8-1, et seq., Municipal Court; R.S. 40:55-36, Zoning Board
of Adjustment; R.S. 40:55-1.4, Planning Board.
2-2 ADMINISTRATION
202 Rev. Ord. Supp. 04/2008
2-2 BOARD OF COMMISSIONERS.
2-2.1 Organization. The board of commissioners of the Borough of Harvey Cedars shall
consist of three commissioners who shall be elected at large by the voters of the borough at a
regular municipal election and who shall serve for a term of four years beginning on the first
Tuesday following their election.
2-2.2 Powers of Board of Commissioners. All of the executive, administrative, judicial and
legislative powers of the Borough of Harvey Cedars shall be vested in the board of commissioners,
and they shall have complete control over the affairs of the borough.
2-2.3 Meetings and Procedures.
a. Regular Meetings. The board of commissioners shall organize on the first Tuesday
following the regular quadrennial municipal election. At that meeting, or as soon thereafter
as practical, the board of commissioners shall create all subordinate boards and appoint
any officers that it deems necessary for the proper and official conduct of the affairs of the
Borough of Harvey Cedars. After the organization meeting the board of commissioners
shall meet regularly at least twice a month on dates to be determined by resolution of the
board.
b. Special Meetings. Special meetings of the board of commissioners may be held on call of
the mayor or any two commissioners in accordance with the provisions of R.S. 40:72-13.
2-3 ADMINISTRATION
203 Rev. Ord. Supp. 04/2008
2-3 ADMINISTRATIVE ORGANIZATION.
2-3.1 Departments Generally. The administrative functions, powers and duties of the board
of commissioners shall be allocated among the following departments:
a. Department of Revenue and Finance.
b. Department of Public Affairs and Public Safety.
c. Department of Parks, Public Property and Public Works.
2-3.2 Commissioners Assigned to Departments. At the first regular meeting after the
election of its members, the board of commissioners shall designate by majority vote one
commissioner to be director of each department. At such meeting, the board of commissioners
shall examine the various departments and divisions within departments and shall by resolution
make such reallocation of divisions within departments as they deem desirable. When such
reallocation has been duly made by resolution, the divisions so allocated shall be deemed to fall
within the departments to which they have been so allocated, notwithstanding any other provision
of this code.
2-3.3 Selection of Mayor. At the first meeting after their election, the commissioners shall
choose one of their number to preside at all meetings of the board, and he shall be designated
mayor.
2-3.4 Powers of Mayor. The mayor shall be president of the board of commissioners and
shall preside at all meetings. He shall supervise all departments and report to the board, for its
action, all matters requiring the attention of the board or of any department.
2-3.5 Administrator. Pursuant to NJSA 40A:9-136, there is hereby created the position of
Municipal Administrator. The term of office of the Municipal Administrator shall be at the
pleasure of the governing body and in accordance with NJSA 40A:9-137.
2-3.6 Administrator Duties. The Administrator shall, under direction of the Board of
Commissioners, act as administrative officer of the municipality and perform other related duties
as fully described in the Personnel Policy Manual. Nothing in this article shall derogate from or
authorize the Borough Administrator to exercise the powers and duties of the elected and appointed
officials of the borough.
2-3.7 Municipal Clerk. Pursuant to NJSA 40A:9-133, there is hereby created the position
of Municipal Clerk for the Borough of Harvey Cedars. The Municipal Clerk shall be appointed by
the Board of Commissioners and shall serve terms as provided by NJSA 40A:9-133.
2-3.8 Municipal Clerk Duties. The Municipal Clerk shall serve as the Clerk of the Board
and perform such functions as required by law and other related duties as fully described in the
Personnel Policy Manual.
2-3 ADMINISTRATION
204 Rev. Ord. Supp. 12/2008
2-3.9 Deputy Municipal Clerk. Pursuant to NJSA 40A:9-135, there is hereby created the
position of Deputy Municipal Clerk for the Borough of Harvey Cedars. The Deputy Municipal
Clerk shall be appointed by the Board of Commissioners and shall serve at the pleasure of the
Board. The Deputy Municipal Clerk shall have all the powers and perform all the duties of the
Municipal Clerk during such times and for such specific periods as the Municipal Clerk is absent,
disabled or otherwise unable to perform her duties. The Deputy Municipal Clerk shall assist the
Municipal Clerk in the performance of the duties of the Municipal Clerk’s office.
2-3.10 Positions Eligible for the Defined Contribution Retirement Program.
A. Pursuant to N.J.S. 43:15C-2, the following positions are deemed to be eligible for and shall
participate in the Defined Contribution Retirement Program:
1) Administrator
2) Municipal Court Judge
3) Commissioner
(Ord. No. 2008-09 § 1)
B. Individuals serving in the following positions are exempt from Defined Contribution
Retirement Program membership, pursuant to N.J.S. 43:15C-2:
1) Tax Collector
2) Chief Financial Officer
3) Construction Code Official
4) Qualified Purchasing Agent
5) Tax Assessor
6) Registered Municipal Clerk
7) Licensed Uniform Subcode Inspector
8) Principal Public Works Manager.
(Ord. No. 2008-09 § 2)
C. If an individual is appointed to one of the positions listed in Section A and the individual
is not serving in a position as described in Section B above, the Pension Certifying Officer
of the municipality may determine that the individual is not required to join the Defined
Contribution Retirement Program if that individual:
1) was an active participant in the Public Employee Retirement System on July 1,
2007 and continuously since that time; or
2) has been appointed pursuant to a valid promotional process; or
3) is appointed on a temporary, interim, or "acting" basis to a position requiring State
Certification as set forth in Section 2 herein, and is in pursuit of the required
certification; or
4) meets such other exceptions that may be approved by the Local Finance Board or
the Division of Pensions and Benefits.
(Ord. No. 2008-09 § 3)
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205 Rev. Ord. Supp. 04/2008
2-4 DEPARTMENT OF REVENUE AND FINANCE.
2-4.1 Director. The director of the department of revenue and finance shall supervise the
work of the department and its divisions.
2-4.2 Chief Financial Officer. Pursuant NJSA 40A:9-140.10, there is hereby created the
office of Chief Financial Officer for the Borough of Harvey Cedars. The Chief Financial Officer
shall perform such functions as required by law and other related duties as fully described in the
Personnel Policy Manual.
2-4.3 Tax Collector. Pursuant NJSA 40A:9-141, there is hereby created the office of Tax
Collector for the Borough of Harvey Cedars. The Tax Collector shall be appointed by the Board
of Commissioners and shall serve terms as provided by NJSA 40A:9-142. The Tax Collector shall
perform such functions as required by law and other related duties as fully described in the
Personnel Policy Manual.
2-4.4 Deputy Chief Financial Officer and Deputy Tax Collector. There is hereby created
the position of Deputy Chief Financial Officer and Deputy Tax Collector for the Borough of
Harvey Cedars. The Deputy Chief Financial Officer and Deputy Tax Collector shall be appointed
by the Board of Commissioners and shall serve at the pleasure of the Board and shall have all the
powers and perform all the duties of the Chief Financial Officer and/or Tax Collector during such
times and for such specific periods as the Chief Financial Officer and/or Tax Collector is absent,
disabled or otherwise unable to perform the duties of their office.
2-4.5 Tax Assessor. Pursuant to NJSA 40A:9-146, there is hereby created the position of
Tax Assessor for the Borough of Harvey Cedars. The Tax Assessor shall be appointed by the Board
of Commissioners for terms provided by NJSA 40A:9-148 and NJSA 54:1-35.32 and shall perform
such functions as required by law and other related duties as fully described in the Personnel Policy
Manual.
2-4.6 Utility Collector. The Municipal Clerk shall be the Utility Collector for the Borough
of Harvey Cedars and shall perform such functions as required by law and other related duties as
fully described in the Personnel Policy Manual.
2-5 ADMINISTRATION
206 Rev. Ord. Supp. 07/2019
2-5 DEPARTMENT OF PUBLIC AFFAIRS AND PUBLIC SAFETY.
2-5.1 Director. In accordance with NJSA 40:72-6 and with Section 2-3.2 of the Revised
General Ordinances of the Borough of Harvey Cedars, the director shall supervise the work of the
department and its divisions and shall, subject to the approval of the board of commissioners, make
rules and regulations for the various divisions assigned to the department. (Ord. No. 2010-04 § 1)
2-5.2 Police Department – Establishment. There is hereby created in and for the Borough
of Harvey Cedars a Police Department which shall consist of a Public Safety Administrator, Chief
of Police, Lieutenants, Sergeants, and patrol officers, to be appointed to these positions by the
governing body of the Borough of Harvey Cedars. The decision whether or not to fill the
mentioned positions is within the complete and unfettered discretion of Director of Public Affairs
and Public Safety. (Ord. No. 2019-08 § 1)
A. Purpose of the Police Department. The Police Department shall preserve the public
peace; protect life and property; detect, arrest and prosecute offenders of the laws of New
Jersey and the ordinances of the Borough of Harvey Cedars; direct and control traffic;
provide attendance and protection during emergencies; make appearances in court;
cooperate with all other law enforcement agencies; and provide training for the efficiency
of its members and officers.
B. Designation of Appropriate Authority. In accordance with N.J.S.A. 40A:14-118, the
Director of Public Affairs and Safety is hereby designated as the appropriate authority and
is hereby vested with the powers and duties of an appropriate authority as delegated by
law.
C. Chief of Police; powers and duties. The appropriate authority shall appoint a Chief of
Police with the consent and approval of the governing body. The Chief shall be directly
responsible to the appropriate authority for the efficiency and routine day-to-day operations
of the Police Department. The Chief of Police shall pursuant to policies established by the
governing body and consistent with Borough ordinances:
1. Administer and enforce the rules and regulations of the Police Department and any
special emergency directives for the disposition and discipline of the Department and
its officers and personnel.
2. Have, exercise and discharge the functions, powers and duties of the Police Department
and the Lifeguard Department.
3. Prescribe the duties and assignments of all subordinates and other personnel.
4. Delegate such of his authority, as he may deem necessary for the efficient operation of
the Police Department to be exercised under his direction and supervision.
5. Report at least monthly to the appropriate authority in such form as shall be prescribed
by the governing body on the operation of the force during the preceding month, and
make such other reports as may be requested by the governing body.
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207 Rev. Ord. Supp. 03/2010
D. Appointment to Police Department – Officers and Personnel. No person shall be
appointed to the Police Department who is not qualified as provided in the New Jersey
Statutes. The selection criteria for a police officer shall be established in department policy
consistent with New Jersey Statutes.
E. Promotions of Police Officers. Promotion of any police officer from within the
department to a superior position shall be established in department policy consistent with
New Jersey Statutes.
F. Disciplinary Actions. Discipline of police officers will be imposed consistent with
N.J.S.A. 40A:14-147. The written charges will be signed by the Chief of Police or designee
as provided in the New Jersey Statutes and the Police Department's Rules and Regulations.
G. Rules and Regulations. The appropriate authority shall by resolution of the governing
body, from time to time as may be necessary, adopt and amend the rules and regulations
for the government and discipline of the Police Department and employees thereof. Said
rules and regulations may fix and provide for the enforcement of such rules and regulations
and the enforcement of penalties for the violation of such rules and regulations, and all
employees of the Police Department shall be subject to such rules and regulations and
penalties.
H. Department Policies. The appropriate authority shall by resolution of the governing body,
from time to time as may be necessary, adopt and amend police department policies to
establish guidelines and procedures for the department and all its employees.
I. Special Law Enforcement Officers.
Authority and Purpose. The Borough of Harvey Cedars hereby establishes Special Police
Officers pursuant to and in compliance with the Special Law Enforcement Officers Act
(N.J.S.A. 40A:14-146.8 et seq.).
1) Classification. Persons appointed as Special Law Enforcement Officers shall upon
appointment be designated as either a Class One or Class Two Special Law
Enforcement Officer. The classifications shall be based upon the following standards:
a. Class One. Officers of this class shall be authorized to perform routine traffic
detail, spectator control, and similar duties and shall have the power to issue
summonses for disorderly persons or petty disorderly persons offenses, violations
of municipal ordinances and violations of Title 39 of the Revised Statutes. The use
of a firearm by an officer of this class shall be strictly prohibited, and no Class One
officer shall be assigned any duties which may require the carrying or use of a
firearm. Class One officers may be authorized to carry and use less lethal weapons
subject to department directives.
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208 Rev. Ord. Supp. 03/2017
b. Class Two. Officers of this class shall be authorized to exercise full powers and
duties similar to those of a permanent regularly appointed full-time police officer.
The use of a firearm by an officer of this class may be authorized only after the
officer has been fully certified as successfully completing training as prescribed by
the Police Training Commission and maintains proficiency in accordance with
department directives and guidelines established by the New Jersey Attorney
General.
2) Duty Hours.
a. Special Law Enforcement Officers shall ordinarily not work in excess of twenty
(20) hours per week with the following exceptions:
1) There is no such limitation during periods of emergency. (Emergency is
defined in N.J.S.A. 40A:14-146.9b.).
2) The appointing authority may designate one (1) Special Police Officer that is
exempt from the twenty (20) hour limitation.
3) Duty hours shall not exceed 48 hours per week during any seasonal period as
defined in N.J.S.A. 40A:14-146.9g.
b. Special Law Enforcement Officers shall not be utilized to supplant regular Police
Officers on Borough assigned extra-duty assignments.
J. Employment of Off-Duty Police Officers.
1) Any person or entity desiring to retain the services of police officers of the Borough of
Harvey Cedars for off-duty police related activities shall be required to enter into a
contract with the Borough of Harvey Cedars. Said contract shall include, but not be
limited to, the nature of duties to be performed, the location of said duties, the date and
hours of service, the rate of payment for services of the officers, administrative fees to
the Borough of Harvey Cedars and fees for the use of borough owned equipment.
Except in the case of public or quasi-public agencies, the payment of 100 percent of
the estimated amount is due the borough for the assignment of such off-duty officers
from the person or entity requesting such assignment in advance of providing such
officer or officers. The borough clerk is hereby empowered to execute a contract for
off-duty police related activities on behalf of the borough in accordance with this
subsection.
2) The chief of police or his designee shall be responsible for the assignment of all off-
duty police related activities.
3) All persons or entities shall pay to the chief financial officer of the Borough of Harvey
Cedars such hourly sum of eighty ($80.00) dollars an hour for such service. The
borough shall remit to the member of the police department performing such duties
sixty-five ($65.00) dollars an hour and the remaining fifteen ($15.00) dollars shall be
retained by the borough for administrative expenses and vehicle expenses. (Ord. No.
2017-06 § 1)
2-5 ADMINISTRATION
209 Rev. Ord. Supp. 12/2008
4) Any invoice from the Borough of Harvey Cedars for any balance due, or a credit for
any refund, if any, shall be issued by the borough’s chief financial officer. Payments
due shall be made within ten (10) days of receipt of the invoice from the borough.
5) Each person or entity who shall employ off-duty police officers pursuant to this section
shall be responsible for maintaining his/her or its own insurance coverage. Said
insurance coverage shall include but not be limited to general liability and automobile
liability and shall name the Borough of Harvey Cedars as an additional insured. In
addition, such policy shall provide for a minimum coverage of one million
($1,000,000.00) dollars for any one claim or two million ($2,000,000.00) dollars for
any aggregate claims. Proof of said insurance coverage shall be provided to the
Borough of Harvey Cedars prior to the assignment of any off-duty police officers to
said person or entity. The person or entity shall provide for the aforementioned for any
and all officers, vehicles and/or equipment that are utilized in the off-duty assignment.
6) The chief of police or his/her designee shall have the authority to order any police
officer engaged in off-duty assignments within the Borough of Harvey Cedars to
respond to an emergency situation within the Borough of Harvey Cedars. The chief of
police or his/her designee shall also have the right to order any off-duty assignment to
be terminated whenever said assignment creates an unacceptable risk to the health,
safety and welfare of the off-duty officer and/or citizens of the Borough of Harvey
Cedars.
In the event that a police officer is assigned to an emergency situation, the chief of
police shall make note of said emergency situation, as well as the time said officer was
removed from said off-duty assignment. In any situation, said person or entity shall
not be responsible for the payment of the officer’s hourly rate, administrative fee or
any other fees to the Borough of Harvey Cedars until such time as said police officer
and/or equipment returns to the assignment with the off-duty employer.
7) Any person or entity requesting the services of off-duty police officers shall agree to
indemnify and hold harmless the Borough of Harvey Cedars for any and all claims and
damages which may arise from the off-duty police officer’s employment by said person
or entity.
8) In order to be eligible for off-duty employment, a police officer must be in good
standing with the department. Officers who are on medical or other leave due to
sickness, temporary disability or an on-duty injury shall not be able to engage in off-
duty employment.
9) The chief of police shall not assign any police officer off-duty assignments where such
off-duty assignments, in the aggregate, would exceed 20 hours in a given week. The
chief of police shall consider other police officer off-duty non-police work in assigning
off-duty police related assignments, to ensure officer safety and on-duty job
performance.
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210 Rev. Ord. Supp. 07/2019
10) Off-duty police related assignments are not permitted outside the Borough of Harvey
Cedars. (Ord. No. 2002-02 § 1)
11) Any off-duty assignment under the terms of this ordinance shall be for a minimum of
four (4) hours of pay at the rate set forth above. (Ord. No. 2002-19 § 1)
K. Mutual Assistance of Police.
The board of commissioners of the Borough of Harvey Cedars does hereby authorize the
execution of an Interlocal Government Services Agreement with the Township of Lacey,
Township of Ocean, Township of Stafford, Borough of Tuckerton, Township of Little Egg
Harbor, Borough of Beach Haven, Township of Long Beach, Borough of Ship Bottom, and
the Borough of Surf City for mutual police aid in the case of an emergency.
The board of commissioners of the Borough of Harvey Cedars is hereby authorized to
execute an agreement with the above municipalities. Said agreement to be in accordance
with the provisions of N.J.S.A. 40A:14-156.1, and said agreement to waive the payment of
the statutory fees set forth in N.J.S.A. 40A:14-156.
L. Copies of Accident Report.
The chief of police of the borough is authorized, upon request, to supply to any applicant
a certified copy of any report, or of any other related information of or pertaining to any
automobile accident or other casualty on file in the police department. The chief of police,
subject to the approval of the director of the department of public affairs and safety, may
prescribe rules and regulations governing applications for any such certified copy when, in
his judgment, the interest of law enforcement and public safety so require.
(Ord. No. 2010-04 § 2)
M. Public Safety Administrator
Qualifications: The Public Safety Administrator shall be qualified by training and
experience for the duties of the position and shall have a minimum of ten (10) years of
experience as a member of a police department or other law enforcement or public safety
agency, four (4) years of which shall have been in a supervisory and administrative
capacity, and such other qualifications or experience deemed necessary or appropriate by
the Director of Public Affairs and Public Safety.
Terms of Appointment: If filled, the Public Safety Administrator will serve at the
pleasure of the Director of Public Affairs and Public Safety pursuant to such terms and
conditions as established by that Director or the Borough, as required by law.
Appointment: The Director of Public Affairs and Public Safety may appoint a Public
Safety Administrator under the following circumstances:
1. Incapacity, inability or unavailability of any nature whatsoever of the Chief of Police
to perform any or all functions of that position, if that position is filled;
2. Actual vacancy in the position of Chief of Police;
3. Vacancy created by operation of law or legal authority in connection with the position
of Chief of Police. Where the vacancy is caused by suspension, administrative leave
or other limitation of duties imposed by operation of law or exercise of legal
authority, the initial appointment of a Public Safety Administrator shall be for no
longer than the term of such vacancy unless it results in a permanent vacancy in which
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case, the Public Safety Administrator shall continue to serve at the pleasure of the
Director of Public Affairs and Public Safety;
4. Determination based upon the needs of the Borough and the Police Department
provided that the duties of Public Safety Administrator do not divest the Chief of
Police of authority vested in that position by virtue of N.J.S.A. 40A:14-118.
Powers and Duties: The Public Safety Administrator shall have control over the Police
Department in such manner as consistent with all applicable statutes, ordinances and
regulations. S/he shall be responsible for the administration and regulation of the Police
Department and shall:
1. Supervise the Police Chief or Officer in Charge, who shall be directly responsible to
the Public Safety Administrator for the efficiency and routine day-to-day operations
of the police rank-and-file.
2. Keep abreast of the public safety requirements of the Borough and formulate policies,
plans and procedures to determine needs for approval by the Director of Public
Affairs and Public Safety.
3. Develop organization, manpower and resource recommendations and, upon approval
of same, effect their implementation.
4. Establish performance criteria for the Department as a whole as well as its individual
members and conduct periodic evaluations to assure compliance with those criteria.
5. Provide such assistance as may be necessary to any other department for its proper
functioning.
6. Reviews and assists with budget preparation and submission of expenditures as it
relates to the Police Department.
7. Delegate such of his authority, as s/he may deem necessary, for efficient operation of
the Police Department to be exercised under his direction and supervision.
8. Performs or directs performance of all administrative duties of the Police Department.
9. Completion and filing of reports related to the Police Department.
10. Make application for applicable federal or state grants subject to approval of the
Director of Public Affairs and Public Safety.
11. Act as the direct line of authority between the Police Department and the Director of
Public Affairs and Public Safety.
12. Report to the Director of Public Affairs and Public Safety and/or Governing Body as
requested, in lieu of the Chief of Police as provided within Ord. § 2-5.2(C)(5). In
such case, the Chief of Police shall provide the reports contemplated by Ord. § 2-
5.2(C)(5) to the Public Safety Administrator.
13. In the absence of a Chief of Police, discipline police officers consistent with
Department Rules and Regulations, and N.J.S.A. 40A:14-147 and sign the written
charges as provided by law and Department Rules and Regulations.
14. In the absence of a Chief of Police, oversight and control of the Lifeguard Department
subject to the final authority of the Director of Public Affairs and Public Safety
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15. The Public Safety Administrator shall not exercise the following powers: issuing
firearms permits (N.J.S.A. 2C:58-3); qualifying and supervising special police
(N.J.S.A. 40:14-146); carry weapons (N.J.S.A. 2C:39-6); exercising of police
powers, e.g. make arrests (N.J.S.A. 40A:14-152); issuing temporary handicap
parking permits (N.J.S.A. 39:4-206); or any other power or duty restricted to a
member of law enforcement. Such duties shall remain the function of the Chief of
Police. In the absence of a Chief of Police, such duties shall be performed by the
highest-ranking law enforcement officer in good standing within the Police
Department. As provided by law, the duties of Public Safety Director shall not
infringe upon the duties of Chief of Police save instances of incapacity, inability,
unavailability or vacancy.
(Ord. No. 2019-08 § 2)
2-5.3 Lifeguards.
A. Employment of Off Duty Lifeguards.
1) Any person or entity desiring to retain the services of lifeguards of the Borough of
Harvey Cedars for off-duty lifeguard related activities shall be required to enter into a
contract with the Borough of Harvey Cedars. Said contract shall include, but not
limited to the nature of duties to be performed, the location of said duties, the date and
hours of service, the rate of payment for services of the lifeguards, administrative fees
to the Borough of Harvey Cedars and fees for the use of Borough owned equipment.
Except in the case of public or quasi-public agencies, the payment of one hundred
percent (100%) of the estimated amount is due the Borough for the assignment of such
off-duty lifeguards from the person or entity requesting such assignment in advance of
providing such lifeguard or lifeguards. The Borough Clerk is hereby empowered to
execute a contract for off-duty lifeguard related activities on behalf of the Borough in
accordance with this section.
2) The Commissioner of Public Safety or his designee shall be responsible for the
assignment of all off-duty lifeguard related activities.
3) All persons or entities shall pay to the Chief Financial Officer of the Borough of Harvey
Cedars such hourly sum of twenty-five ($25.00) dollars an hour for such service. The
Borough shall remit to the lifeguard performing such duties twenty ($20.00) dollars an
hour and the remaining five ($5.00) dollars shall be retained by the Borough for
administrative expenses and vehicle expenses.
4) Any invoice from the Borough of Harvey Cedars for any balance due, or a credit for
any refund, if any, shall be issued by the Borough’s Chief Financial Officer. Payments
due shall be made within ten (10) days of receipt of the invoice from the Borough.
5) Each person or entity who shall employ off-duty lifeguards pursuant to this section
shall be responsible for maintaining his/her or its own insurance coverage. Said
insurance coverage shall include but not be limited to general liability and automobile
liability. Proof of said insurance coverage shall be provided to the Borough of Harvey
Cedars prior to the assignment of any off-duty lifeguards to said person or entity. Each
person or entity who shall employ off-duty lifeguards shall indemnify and hold
harmless the Borough of Harvey Cedars and its employees and agents.
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6) The Commissioner of Public Safety or his/her designee shall have the authority to order
any lifeguard engaged in off-duty assignments within the Borough of Harvey Cedars
to respond to an emergency situation within the Borough of Harvey Cedars. The
Commissioner of Public Safety or his/her designee shall also have the right to order
any off-duty assignment to be terminated whenever said assignment creates an
unacceptable risk to the health, safety and welfare of the off-duty lifeguard and/or the
citizens of the Borough of Harvey Cedars.
In the event that a lifeguard is assigned to an emergency situation, the Commissioner
of Public Safety shall make note of said emergency situation, as well as the time said
lifeguard was removed from said off-duty assignment. In any situation, said person or
entity shall not be responsible for the payment of the lifeguard’s hourly rate,
administrative fee or any other fees to the Borough of Harvey Cedars until such time
as said lifeguard and/or equipment returns to the assignment with the off-duty
employer.
7) Any person or entity requesting the services of off-duty lifeguards shall agree to
indemnify and hold harmless the Borough of Harvey Cedars for any and all claims and
damages which may arise from the off-duty lifeguard’s employment by said person or
entity.
8) In order to be eligible for “off-duty” employment, a lifeguard must be in good standing
with the Borough. Lifeguards who are on medical or other leave due to sickness,
temporary disability or an on-duty injury shall not be able to engage in “off-duty”
employment.
9) The Commissioner of Public Safety shall not assign any lifeguard off-duty assignments
where such off-duty assignments, in the aggregate, would exceed twenty (20) hours in
a given week. The Commissioner of Public Safety shall consider other lifeguard off-
duty non-lifeguard work in assigning off-duty lifeguard related assignments, to ensure
lifeguard safety and on-duty job performance.
10) Off-duty lifeguard related assignments are not permitted outside the Borough of Harvey
Cedars. (Ord. No. 2002-16 § 1)
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2-5.4 Municipal Court. There is hereby established in the borough a municipal court to be
known as the “Municipal Court of the Borough of Harvey Cedars,” pursuant to the provisions of
Chapter 264 of the Laws of 1948, as amended and supplemented.
A. Seal. The municipal court shall have a seal that shall bear the impress of the name of the
court.
B. Judge. There shall be a municipal judge for the municipal court who shall be appointed
by the board of commissioners and who shall serve for a term of three years from the date
of his appointment and until his successor is appointed and qualified.
The compensation of the judge and clerks or other personnel shall be the annual salaries as
may be provided by ordinance, which salary shall be in lieu of all fees, costs and any other
allowances whatsoever.
C. Powers. The municipal court and the municipal judge thereof shall have, possess and
exercise all the functions, powers, duties and jurisdiction conferred by Chapter 264 of the
Laws of 1948, or by any other law.
The judge shall have the power in criminal cases to hold defendants in reasonable bail to
appear before the court having jurisdiction thereof by taking recognizances of bail with
surety or sureties and forwarding the same to the court having jurisdiction before the time
of appearance herein mentioned.
D. Time and Place of Court. The municipal judge shall fix and determine the time when
court shall be held.
E. Municipal Public Defender. There is hereby established the position of municipal public
defender.
F. Municipal Court Application Fees. Any person applying for representation by the
municipal public defender shall pay an application fee for said representation of two
hundred ($200.00) dollars. The municipal judge upon considering the application may
waive any portion of this application fee, if in his discretion he finds the same to be an
unreasonable burden on the person seeking representation.
The funds collected for the services of the public defender shall be placed in a dedicated
fund administrated by the municipal chief financial officer. The funds shall be used
exclusively to meet costs incurred in providing the services of municipal public defender
including, when required, expert and lay investigation and testimony. The final
determination as to the necessity for services of the municipal public defender and services
required by experts and lay testimony shall be made by the municipal court.
2-5.5 Board of Health. The board of commissioners of the Borough of Harvey Cedars does
hereby authorize the execution of an Interlocal Government Services Agreement with the Long
Beach Island Health Department for Board of Health services.
2-6 ADMINISTRATION
215 Rev. Ord. Supp. 09/2012
2-6 DEPARTMENT OF PARKS, PUBLIC PROPERTY AND PUBLIC
WORKS.
2-6.1 Director. The director of the department of parks, public property and public works
shall supervise the work of the department.
2-6.2 Superintendent of Public Works/Water/Sewer. The Superintendent shall control
and regulate the affairs of the Public Works Department and the Water and Sewer Department
under the supervision of the director of parks, public property and public works, and shall perform
such functions as required by law and other related duties as fully described in the Personnel Policy
Manual.
2-6.3 Employment of Off Duty Public Works Employees
A. Any person or entity desiring to retain the services of Public Works laborers of the Borough
of Harvey Cedars for off-duty public works related activities shall be required to enter into
a contract with the Borough of Harvey Cedars. Said contract shall include, but not limited
to the nature of duties to be performed, the location of said duties, the date and hours of
service, the rate of payment for services of the employees, administrative fees to the
Borough of Harvey Cedars and fees for the use of Borough owned equipment. Except in
the case of public or quasi-public agencies, the payment of one hundred percent (100%) of
the estimated amount is due the Borough for the assignment of such off-duty employees
from the person or entity requesting such assignment in advance of providing such
employee or employees. The Borough Clerk is hereby empowered to execute a contract
for off-duty public works employee related activities on behalf of the Borough in
accordance with this section.
B. The Commissioner of Public Works or his designee shall be responsible for the assignment
of all off-duty employee related activities.
C. All persons or entities shall pay to the Chief Financial Officer of the Borough of Harvey
Cedars such hourly sum of $55.00 an hour for such service. The Borough shall remit to
the public works employee performing such duties forty five ($45.00) dollars of said hourly
rate, and the remaining ten ($10.00) dollars shall be retained by the Borough for
administrative expenses and vehicle expenses.
D. Any invoice from the Borough of Harvey Cedars for any balance due, or a credit for any
refund, if any, shall be issued by the Borough’s Chief Financial Officer. Payments due
shall be made within ten (10) days of receipt of the invoice from the Borough.
E. Each person or entity who shall employ off-duty public works employees pursuant to this
section shall be responsible for maintaining his/her or its own insurance coverage. Said
insurance coverage shall include but not be limited to general liability and automobile
liability. Proof of said insurance coverage shall be provided to the Borough of Harvey
Cedars prior to the assignment of any off-duty employees to said person or entity. Each
person or entity who shall employ off-duty employees shall indemnify and hold harmless
the Borough of Harvey Cedars and its employees and agents.
2-6 ADMINISTRATION
216 Rev. Ord. Supp. 09/2012
F. The Commissioner of Public Works or his/her designee shall have the authority to order
any public works employee engaged in off-duty assignments within the Borough of Harvey
Cedars to respond to an emergency situation within the Borough of Harvey Cedars. The
Commissioner of Public Works or his/her designee shall also have the right to order any
off-duty assignment to be terminated whenever said assignment creates an unacceptable
risk to the health, safety and welfare of the off-duty public works employee and/or the
citizens of the Borough of Harvey Cedars. In the event that a public works employee is
assigned to an emergency situation, the Commissioner of Public Works shall make note of
said emergency situation, as well as the time said employee was removed from said off-
duty assignment. In any situation, said person or entity shall not be responsible for the
payment of the employee’s hourly rate, administrative fee or any other fees to the Borough
of Harvey Cedars until such time as said employee and/or equipment returns to the
assignment with the off-duty employer.
G. Any person or entity requesting the services of off-duty public works employees shall agree
to indemnify and hold harmless the Borough of Harvey Cedars for any and all claims and
damages which may arise from the off-duty employee’s employment by said person or
entity.
H. In order to be eligible for “off-duty” employment, a public works employee must be in
good standing with the Borough. Public works employees who are on medical or other
leave due to sickness, temporary disability or an on-duty injury shall not be able to engage
in “off-duty” employment.
I. The Commissioner of Public Works shall not assign any public works employee off-duty
assignments where such off-duty assignments, in the aggregate, would exceed twenty (20)
hours in a given week. The Commissioner of Public Works shall consider other public
works employee’s off-duty non-Borough work in assigning off-duty employee related
assignments, to ensure safety and on-duty job performance of the employee.
J. Off-duty public works related assignments are not permitted outside the Borough of
Harvey Cedars.
(Ord. No. 2012-03 § 1)
2-7 ADMINISTRATION
217 Rev. Ord. Supp. 02/2014
2-7 PERSONNEL POLICIES.
2-7.1 Policy Manual. The Board of Commissioners does hereby enact the Policy and
Procedure Manual for the borough employees of the Borough of Harvey Cedars. All personnel
rules and regulations of said manual shall be made a part hereof and are on file at the Borough
Clerk's office. These rules and regulations may be amended and supplemented from time to time
by the governing body by the adoption of a resolution of the governing body setting forth the
changes to be made in said rules and regulations. Each employee of the borough shall be provided
a copy of the rules and regulations as enacted, and a copy of said rules and regulations shall be
kept on file at the Borough Clerk's office and will be made available to any employee upon request.
2-7.2 Employee Health Benefits.
A. Health benefits shall be offered to every full-time employee as fully described in the Policy
and Procedure Manual of the Borough of Harvey Cedars.
B. The term “full-time employee” is intended to mean those employees of the Borough of
Harvey Cedars who are steadily employed and work at least 32 hours per week, prior to
the adoption of this chapter, and those employees subsequently hired to work a minimum
of 32 hours who have served the three month waiting period.
C. The benefits described above will be provided as a shared expense between the Borough
Harvey Cedars and the employee in accordance with Federal and State regulations. (Ord.
No. 2014-03 § 1)
D. Part-time, temporary or seasonal employees are ineligible to participate or receive any
benefits under the borough’s present health insurance and dental plans unless directly
approved by the board of commissioners as a term of employment.
E. Any employee of the Borough of Harvey Cedars who receives benefits as a dependant may
waive the receipt of health benefits from the Borough, upon the execution of the
appropriate written waiver. In accordance with the State, the employee shall receive as
additional compensation an annual amount which cannot be more than twenty five percent
(25%) of the amount saved by the Borough or $5,000.00, whichever is less. (Ord. No.
2014-03 § 2)
2-8 ADMINISTRATION
218 Rev. Ord. Supp. 07/2014
2-8 PAYMENT OF SALARIES.
2-8.1 Authorization. The Chief Finance Officer of the borough is hereby authorized to pay
the regular payroll of the borough as established pursuant to the salary ordinance currently in
effect, on the dates when payment thereof becomes due.
2-8.2 In accordance with Chapter 28 P.L. 2013, commencing July 1, 2014, all Borough
employees and elected public officials who receive compensation from the Borough of Harvey
Cedars shall be compensated by direct deposit only. (Ord. No. 2014-10 § 1)
2-9 ADMINISTRATION
219 Rev. Ord. Supp. 04/2008
2-9 SUBMISSION OF CLAIMS.
2-9.1 Certified Bill. Any person claiming payment of funds from the borough shall present
to the Chief Finance Officer a detailed voucher, certified by the claimant to be correct.
2-9.2 Endorsement Required. The claim shall not be presented by the CFO for approval
until there has been endorsed thereon the certificate of an officer or duly designated employee of
the borough having knowledge of the fact that the materials have been received by, or the services
rendered, to the borough. After having been duly certified CFO shall present all claims to the
board of commissioners for formal approval at a regular meeting.
2-9.3 Claims Approved by Commissioners. Claims shall be considered by the board of
commissioners, which shall approve the same; except that the commissioners may reject any claim
submitted to it, stating the reason for the rejection.
2-9.4 Clerk’s Duty. It shall be the duty of the borough clerk to record all claims in the
official minutes, indicating that the commissioners have by formal action approved the same, with
appropriate record as to any claim rejected or disapproved.
2-10 ADMINISTRATION
220 Rev. Ord. Supp. 04/2008
2-10 RETIREMENT OF BOROUGH EMPLOYEES.
The retirement age of employees of the borough is determined to be 65 years; and the board of
commissioners hereafter shall have the right by resolution to require the retirement of any
employee of the borough from employment on or after the attainment of the age of 65 years by the
employee.
2-11 ADMINISTRATION
221 Rev. Ord. Supp. 04/2008
2-11 DEFENSE AND INDEMNIFICATION.
2-11.1 Defense in Civil Actions. Subject to the limitations set forth in the subsequent sections
of this chapter, whenever any civil action has been or shall be brought against any person
(hereinafter referred to as “employee”) holding or formerly holding any office, position or
employment with the Borough of Harvey Cedars for any action or omission arising out of or in the
course of the performance of the duties of such office, position or employment, the borough shall
defray all costs of defending such action, including reasonable counsel fees and expenses, together
with costs of appeal, if any, and shall save harmless and protect such persons, from any financial
loss resulting from the litigation. The Borough Attorney or another attorney selected by the Mayor,
with the advice and consent of the Borough Commissioners, shall represent the borough official
or employee.
2-11.2 Criminal Actions. The borough shall not defray the costs of defending any criminal
action against any municipal employee, except as may be authorized by state statute or other
municipal ordinance or resolution of the Borough of Harvey Cedars, and, in those circumstances,
the responsibility for defraying the costs of defending such employee shall be applicable only when
such criminal proceedings shall have been dismissed or result in a final disposition in favor of the
employee. However, should the borough determine that there is good cause to dismiss the
employee arising out of the incident or related incidents of the criminal prosecution, the borough
will not reimburse the employee or official for legal defense and costs of defending the suit, even
though criminal proceedings against the employee may be dismissed or the employee found not
guilty.
2-11.3 Exceptions.
a. The obligation of the Borough of Harvey Cedars to defend and indemnify its employees
for acts or omissions arising out of or in the course of the performance of the duties of that
person shall be limited to those circumstances under which the borough itself would be
liable for the acts of its employees under the doctrine of respondeat superior, except that
the borough shall defend any such officer or employee sued under the Federal Civil Rights
Act, provided that the Mayor and/or Commissioners shall not have concluded that such act
or omission was outside the scope of the responsibilities of said officer or employee.
b. Furthermore, the borough shall not defend and save harmless any employee committing an
intentional or willful act or willful omission arising out of or in the course of the
performance of the duties of such office, position or employment.
c. Also specifically excluded from the provisions of this chapter, is any municipal employee
or official providing any form of professional medical services, such as a doctor and nurse,
insofar as said civil action arises out of or concerns those professional medical services.
d. The borough shall not be responsible for the defense or indemnification of any official or
employee of the borough, when the Borough Commissioners have determined that:
2-11 ADMINISTRATION
222 Rev. Ord. Supp. 04/2008
1. The act or omission was not within the scope of employment.
2. The act or failure to act was because of actual fraud, willful misconduct or actual
malice.
3. The defense of the action or proceeding would create a conflict of interest between the
borough and the public employee.
4. The defense of the action or proceeding is provided for by an insurance policy or
policies, whether obtained by the borough or by any other person.
5. The public employee failed to deliver the Borough Clerk, within ten (10) calendar days
after the time he is served with any summons, complaint, process, notice, demand or
pleading, the original or a copy of the same.
6. The public employee has failed to cooperate fully with the defense.
2-11.4 Borough Control Over Litigation. Whenever the borough provides any defense
required of it under this chapter, the borough, through counsel, may assume exclusive control over
the representation of the public employee, and such employee shall cooperate fully with the
defense.
2-11.5 Indemnification.
a. In any case where the borough is required to provide a defense under this chapter, the
borough shall pay or shall reimburse the public employee for:
1. Any bona fide settlement agreements entered into by the employee.
2. Any judgments entered against the employee.
3. If the borough has failed to provide such required defense, all costs of defending the
action, including reasonable counsel fees and expenses, together with costs of any
appeal.
b. In addition, in any case where the borough would be required to provide a defense under
this chapter except for the fact that such defense is provided for by insurance, the borough
shall provide indemnification as aforesaid, but only to the extent not covered by insurance.
2-11.6 Limitations. Nothing in this chapter shall authorize the borough to pay for punitive or
exemplary damages or damages resulting from the commission of a crime.
(Ord. No. 2002-18 § 1)
2-12 ADMINISTRATION
223 Rev. Ord. Supp. 04/2008
2-12 FIRE DEPARTMENT.
2-12.1 Organization of the Fire Department. The fire department shall be known as the
“High Point Volunteer Fire Company” and shall consist of a chief, assistant chief, captain,
lieutenant and such other officers as the chief may designate together with such firemen as set
forth below.
2-12.2 Membership in Fire Department. No person shall hereafter become a member of the
fire company unless above the age of 18 and not over the age of 40, a citizen of the United States
of good moral character and a resident of the fire district for upwards of one year. No person shall
hereafter become a member of the fire company unless said person shall be physically fit to
perform the duties of a fireman as evidenced by a certificate to that effect by a practicing physician
of the State of New Jersey after physical examination for that purpose.
Every person seeking to join the fire company shall make application to the company. Upon
election to membership by vote of a majority of the unit present and voting said person shall
become a member in good standing of the fire company after approval of his membership by the
chief and confirmation by the board of commissioners of the borough. The name of each member
shall be kept by the borough clerk.
2-12.3 Board of Fire Officers. The chief and board of directors of the company shall
constitute a board of fire officers, who shall meet monthly or more frequently for the transaction
of all business of the department, which board shall have entire and absolute control over and
management of the department and its government.
2-12.4 Retirement from Service. Any member of the department who has arrived at the age
of 50 may be retired from service by the board of fire officers, and in like manner any member
who shall become physically unfit for active service.
2-12.5 Adoption of By-laws. The board of fire officers is hereby authorized and empowered
to adopt a code of by-laws and rules for the control, management and government of the
department and for the regulating of the proceedings and business for the board, which code of by-
laws and rules after adoption shall be forwarded to the Board of Commissioners of the Borough
of Harvey Cedars.
2-12.6 Records Required. The board of officers are required to devise forms or methods of
keeping records and shall see that records are kept of all alarms of fire, fire losses, methods of
extinguishment, drills, hose, apparatus, minor equipment, condition of hydrants and starting of
motors.
2-12.7 Duties of Members. It shall be the duty of the company, so often as any fire shall
breakout, to repair immediately upon the alarm thereof to the fire house and to convey the company
apparatus to the place where the fire shall happen, unless otherwise directed by the chief engineer
or other officer who may be in charge and upon such direction they shall return their apparatus,
well washed and cleaned, to the firehouse.
2-12 ADMINISTRATION
224 Rev. Ord. Supp. 04/2008
2-12.8 Absence of Chief. In all cases of fire, the chief or, in his absence, an assistant shall
have full power and absolute control and command, and cause the apparatus to be worked in the
most advantageous manner.
Should the chief and the assistant chief be absent from a fire, the person having charge of the
apparatus arriving at the fire shall assume the duties of the chief until the arrival of his superior
officer.
2-12.9 Duty of the Secretary. It shall be the duty of the secretary of the company to make a
quarterly report to the board of commissioners of the borough setting forth the condition of
equipment, fire hydrants and water mains. The secretary shall further submit an annual financial
report of the company containing all receipts and disbursements.
2-12.10 Attendance at Fires and Drills. Every member of the fire company shall, in each
and every year, perform at least 60 percent of duty to be composed of actual attendance and duty
at fires and drills and a record shall be kept of such attendance and duty by the chief of the fire
company and reported to the board of commissioners annually.
2-12.11 Length of Service Awards Program (LOSAP) for Firefighters.
A. Length of Service Awards Program Created. A Length of Service Awards Program
(LOSAP) is herewith created in accordance with Chapter 388 of the Laws of 1997, to
reward members of the volunteer firefighters for their loyal, diligent, and devoted services
to the residents of the Borough of Harvey Cedars.
B. Contributions to Plan; Administration of Plan. The LOSAP shall provide for fixed
annual contributions to a deferred income account for each volunteer member that meets
the criteria set forth below; that such contributions shall be made in accordance with a plan
that shall be established by the Borough of Harvey Cedars pursuant to P.L. 1997, c. 388;
and that such plan shall be administered in accordance with the laws of the State of New
Jersey, the U.S. Internal Revenue Code, and this section.
C. Criteria for Contributions, Point Schedule for Volunteer Service. The LOSAP shall
provide for annual contributions to each eligible member that meets the criteria as follows:
1) Fifty (50) points are required for a member to be eligible for an annual contribution.
(See Schedule A on the following page)
2) Five (5) years of service are required for vesting.
3) The annual contribution shall be six hundred twenty ($620.00) dollars per eligible
member.
D. Voter Approval Required. This section shall not take effect unless it is approved by
voters as a public question at the next general election.*
______________
*Editor’s Note: This section was approved by the voters of the Borough of Harvey Cedars at
the November 6, 2001 general election.
2-12 ADMINISTRATION
225 Rev. Ord. Supp. 04/2008
SCHEDULE A
High Point Volunteer Fire Company
Length of Service Awards Program
(Section 2-12.11)
1. Earning 50 points will award an eligible year of service.
2. Each active volunteer member shall be credited with points for volunteer services provided
to the volunteer fire company in accordance with the following point system:
Fire Call Responses
60% or greater = 20 points
50% to 59% = 16 points
40% to 49% = 13 points
30% to 39% = 10 points
20% to 29% = 7 points
Less than 20% = 1 point each call
Company Drills = 3 points each
Special Drills and Fire Company Sanctioned Activities = 3 points each
Regular Fire Company Meetings Per By-Laws = 3 points each
Training Courses = 1 point every two hours, maximum 20 points
Travel time not included
Fund Raising Events = 5 points each
Elected Officers as Per By-Laws = 20 points each
Appointed Positions:
Engineers, Safety Officer, Fire Police = 10 points each
Officer Assistants = 5 points each
Committee Chairperson = 5 points each
Committees = 4 points each
Life Members = 25 points each
3. Member is vested after five (5) qualifying years.
4. Annual contribution of $620.00 per member who has earned a qualifying year.
5. The estimated cost of the program has been calculated as follows:
Regular annual services: $26,040.00
2-13 ADMINISTRATION
226 Rev. Ord. Supp. 04/2008
2-13 FIRST AID SQUAD.
2-13.1 Length of Service Awards Program (LOSAP) for First Aid Squad.
A. Length of Service Awards Program Created. A Length of Service Awards Program
(LOSAP) is hereby created in accordance with Chapter 388 of the Laws of 1997, to reward the
members of the Barnegat Light First Aid Squad for their years of loyal, diligent, and devoted
service to the residents of the Borough of Harvey Cedars.
B. Contributions to Plan; Administration of Plan. The LOSAP shall provide for fixed
annual contributions to a deferred income account for each member of the Barnegat Light First
Aid Squad that meets the criteria set forth below. Such contributions shall be made in accordance
with a plan that shall be established by the Borough of Harvey Cedars pursuant to P.L. 1997, c.
388; and shall be administered in accordance with the laws of the State of New Jersey, the U.S.
Internal Revenue Code, and this section.
C. Criteria for Contributions; Point Schedule for Volunteer Service. The LOSAP shall
provide for annual contributions to each eligible member that meets the criteria as follows:
a. Fifty (50) points are required for a member to be eligible for an annual contribution. (See
Schedule A on the following page)
b. Five (5) years of service are required for vesting.
c. The annual contribution shall be three hundred ten ($310.00) dollars per eligible member.
D. Voter Approval Required. This section shall not take effect unless it is approved by
voters as a public question at the next general election.*
_______________
*Editor’s Note: This section was approved by the voters of the Borough of Harvey Cedars
at the November 6, 2001 general election.
2-13 ADMINISTRATION
227 Rev. Ord. Supp. 04/2008
SCHEDULE A
Barnegat Light First Aid Squad
Length of Service Awards Program
(Section 2-13.1)
1. Earning 50 points will award an eligible year of service.
2. Each active volunteer member shall be credited with points for volunteer services provided
to the First Aid Squad in accordance with the following point system:
First Aid Call Response - 1 point for every two (2) calls
Squad Drills - 3 points each
Squad Meetings - 3 points each
Training Courses - 1 point for every two (2) hours
Fund Raising - 1 point per hour (max. 5 points)
Elected Officials –
per squad by-laws 20 points each
EMT’S OR EMT-D’s - 15 points
Life Members - 25 points
Appointed Positions
Committees 4 points each
Committee Chairperson 5 points each
Engineers (Rig Chief) 10 points each
3. Member is vested after five (5) qualifying years.
4. Annual contribution of $310.00 per member who has earned a qualifying year.
2-14 ADMINISTRATION
228 Rev. Ord. Supp. 05/2017
2-14 BACKGROUND CHECKS.
2-14.1 Definitions. As used in this section, the following terms shall have the meanings
indicated:
CRIMINAL HISTORY RECORD BACKGROUND CHECK – A determination of whether a
person has a criminal record by cross-referencing that person's name and fingerprints with
those on file with the Federal Bureau of Investigation, Identification Division and/or the New
Jersey State Bureau of Identification in the Division of State Police.
NON-SPONSORED YOUTH PROGRAMS – Any youth programs not sponsored by the
Borough of Harvey Cedars but that utilize municipal facilities or have affiliation with a
Borough-sponsored youth program and having contact with persons under the age of 18 years.
BOROUGH-SPONSORED YOUTH PROGRAMS – Any programs sponsored by the
Borough of Harvey Cedars, including any and all leagues, boards and commissions falling
within the purview of or acting for or on behalf of the Borough of Harvey Cedars and having
contact with persons under the age of 18 years. For purposes used in this section, a program
does not include a one-time Borough-sponsored special event.
YOUTH PROGRAMS – Any programs that allow for participation in activities by those
persons under 18 years of age. Activities may include, but are not limited to, sporting activities,
passive recreation groups, clubs or camps and trips or other activities whereby some control
and responsibility for children is assigned to some person acting for or on behalf of the Borough
other than a parent or caregiver.
2-14.2 Non-Sponsored Youth Programs.
A. Prior to any club or organization, not defined as a Borough-sponsored youth program,
being authorized to use Borough-owned facilities for functions participated in by children,
all adults, those persons 18 years of age or older, in any way assisting in the function,
including but not limited to coaches, assistant coaches, or similar positions, shall submit
sufficient information on forms supplied by the Harvey Cedars Chief of Police or his
designee for the purpose of obtaining a criminal history background check with the State
Bureau of Identification in the New Jersey State Police. Applications for background
checks shall be processed by the Harvey Cedars Police Department.
B. The submission of background check findings must be based upon a check performed
within one year of the start of use of the Borough-owned facility. In the case of coaches
performing duties as employees of a school district, the policy of background checks
adopted by the individual school district shall be used to establish eligibility for use of
Borough-owned facilities. In all cases, the background check must comply with the
provisions of any applicable laws regarding same, but not less detailed than those
performed by the Borough for individuals involved in administering Borough-sponsored
youth programs. The cost of background checks for individuals not administering a
Borough-sponsored program shall be borne by the individual or program with which they
are participating. (Ord. No. 2017-07 § 1)
2-14 ADMINISTRATION
229 Rev. Ord. Supp. 03/2011
2-14.3 Borough-Sponsored Youth Programs.
All adults, those persons 18 years of age or older, including but not limited to coaches, assistant
coaches, or similar positions involved in educating, directing or supervising youth, and in any way
assisting in a Borough of Harvey Cedars sponsored function participated in by children, shall
submit sufficient information on forms supplied by the Harvey Cedars Chief of Police for the
purpose of obtaining a criminal history background check with the State Bureau of Identification
in the New Jersey State Police. Applications for background checks shall be processed by the
Harvey Cedars Police Department. Individuals involved in a Borough-sponsored youth function,
and who are required to undergo background checks based upon this section, shall not be
responsible for the costs involved with obtaining the criminal background check. The Borough of
Harvey Cedars shall bear the costs for the background checks for individuals qualified under this
section.
2-14.4 Qualification. Individuals qualified in providing recreation opportunities for, or on
behalf of, the Borough of Harvey Cedars shall be issued a permit by the Municipal Clerk with
appropriate expiration dates based upon the date of their individual background check.
2-14.5 Disqualification.
A. Upon receipt of a completed background check conducted by the State Bureau of
Identification in the New Jersey State Police and/or the Federal Bureau of Investigation,
Identification Division, the Police Chief or his designee shall notify the applicant and the
president or leader of the recreation program of affirmative or negative results. The
determination of the Police Chief is based upon 2-14.5B of this section. Details in the
background check that result in a negative determination by the State Police are not
afforded to the Police Chief and are only available to the applicant upon making a formal
request to the State Bureau of Investigation.
B. In the event the criminal background check reveals any prior convictions for crimes or
offenses which negatively impact the health, safety and welfare of children, said person
shall not be qualified to participate in any official capacity in any function for persons
under the age of 18 years held at any Borough-owned facilities. Such offenses shall include,
but not be limited to:
1) In New Jersey, any crime or disorderly persons offense:
(a) Involving danger to the person, meaning those crimes and disorderly persons
offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A.
2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq. or N.J.S.A 2C:15-1 et seq.;
(b) Against the family, children or incompetents, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:24-1 et seq.;
(c) Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes;
(d) Involving any controlled dangerous substance or controlled substance analog as set
forth in Chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of
subsection a. of N.J.S.A. 2C:35-10.
2) In any other state or jurisdiction, conduct which, if committed in New Jersey, would
constitute any of the crimes or disorderly persons offenses described in Subsection B.1
above.
2-14 ADMINISTRATION
230 Rev. Ord. Supp. 05/2017
C. The list of crimes and violations contained in this section is for illustrative purposes only
and shall not be construed as a limitation on those criminal activities or violations that
would be grounds to disqualify a person from assisting with youth-related activities as
indicated herein.
D. Refusal by individuals required to submit to background checks will result in an immediate
dismissal of the individual from any Borough-sponsored activities requiring background
checks. In addition, refusal to comply with this section by any individual falling within the
scope of requirements for non-sponsored youth programs will forfeit that individual's
ability to participate with the respective program. Refusal of a non-Borough-sponsored
youth program to subscribe to the requirements of this section shall forfeit that program's
ability to use municipal facilities.
2-14.6 Frequency of Background Checks.
A. All non-sponsored youth programs that have individuals subject to this section shall supply
background checks for all of its participants prior to the individual being able to participate
at any function at a Borough-owned facility to the extent covered by this section. A new
background check shall be submitted to the Police Chief annually.
(Ord. No. 2017-07 § 2)
B. All Borough-sponsored youth programs that have individuals subject to this chapter shall
direct those individuals to the Police Chief for background checks prior to the individual
being able to participate at any function sponsored by the Borough of Harvey Cedars. A
new background check shall be submitted to the Police Chief annually. Individuals
involved in Borough-sponsored youth programs who are required to undergo background
checks shall be given an interim approval for participation only after submission to the
Division of State Police for a background check. Interim approvals shall only be valid for
the period of time that it takes to receive background checks results. Such interim approval
shall not be valid for a period of time exceeding 2 weeks. Only one interim approval may
be granted per individual. (Ord. No. 2017-07 § 3)
2-14.7 Privacy. Any and all criminal background checks supplied to the Police Chief or his
designee shall be filed and maintained in a secure and locked cabinet or room and shall not be
available to the public. The Police Chief shall take appropriate steps to safeguard such records.
The records shall be exempt from public disclosure under the common law or the New Jersey
Right to Know Law. The records shall only be retained for such period of time as is necessary to
serve their intended and authorized purpose.
2-14.8 Violations and Penalties. Each person violating any of the provisions of this section
shall, upon conviction thereof, be liable to the penalty stated in Chapter III, section 3-9.
(Ord. No. 2011-03 § 1)
2-15 ADMINISTRATION
231 Rev. Ord. Supp. 06/2017
2-15 OPEN SPACE
2-15.1 Establishment of Open Space Trust Fund. There is hereby established a reserve in
the General Trust Fund which shall be noted and designated as the Open Space Trust Fund (“Trust
Fund” hereinafter). A separate bank account shall be established and maintained entitled “Harvey
Cedars Open Space Trust Account”.
A. Funding. Beginning in 2017, a special tax rate shall be added to the total Borough tax rate
in the amount not to exceed one ($0.01) cent per one hundred ($100.00) dollars of the
annual assessment valuations and tax rate, the revenue from which shall be deposited in
the Trust Fund. The Borough may, in its discretion, deposit additional municipal monies
into the Trust Fund, which deposits shall then be subject to all of the provisions governing
the Trust Fund. The Trust Fund shall also be authorized to accept donations and
testamentary bequests.
B. Purpose and Utilization of Funds. The funds from the Trust Fund shall be utilized for
the purchase of property rights within the Borough of Harvey Cedars from willing sellers,
including but not by way of limitation, fee simple acquisitions, easements, development
rights, or any other lesser interest in real estate which will further the goal of property
acquisitions of lands and property rights for recreation and/or conservation purposes,
including all costs and expenses associated therewith.
In connection with such acquisitions, the funds may be utilized for appraisals, title fees,
professional fees and other items of expense permitted by law in connection with the
acquisition of real estate. Additionally, funds accumulated within the Trust Fund may be
used as a down payment for the issuance of bonds or for debt service for the same purpose
at the discretion of the Board of Commissioners.
The land acquired under the Trust Fund shall be utilized for all categories of open space,
including parks, recreation areas, natural areas and such other uses consistent with the
concept of open space.
C. Sale of Property. No real property or interest therein, acquired with funds from the Trust
Fund shall be sold, conveyed, leased or otherwise disposed by the Borough unless it is
needed for another public use or otherwise furthers the purposes of the Trust. If such a
sale, lease or conveyance is made, the Borough shall be required to place the monies
received into the Trust Fund as provided in NJSA 40:12-15.9.
2-15 ADMINISTRATION
232 Rev. Ord. Supp. 07/2017
2-15.2 Establishment of Open Space Advisory Committee. There is hereby established
an Open Space Advisory Committee of the Borough of Harvey Cedars to review and
recommend parcels of land and interests therein that could benefit from the Open Space Funds
for the public good.
A. Membership. The Open Space Advisory Committee shall consist of ten (10) regular
members and one (1) alternate member as follows:
1. One (1) member of the Harvey Cedars Board of Commissioners.
2. One (1) member of the Harvey Cedars Land Use Board.
3. Three (3) residents of the Borough of Harvey Cedars.
4. Four (4) property owners or residents of the Borough of Harvey Cedars.
5. One (1) representative of the Harvey Cedars Taxpayers Association designated by
their Executive Board.
6. All members shall serve without compensation.
(Ord. No. 2017-18 § 1)
B. Appointment; Term. The term of office of all members shall be one (1) year which
appointments shall be made annually by the Board of Commissioners.
C. Officers and Minutes. The Open Space Advisory Committee shall annually select
from among its regular members a chairperson to act as presiding officer and a vice
chairperson to serve as presiding officer in the absence of the chair. The committee
shall also designate from among its regular members a secretary whose function shall
be to keep minutes of all meetings, showing the time, place, the members present, and
the subjects considered. Copies of minutes shall be sent to the Municipal Clerk promptly
after each meeting. The Municipal Clerk shall make the minutes available to the public
upon request.
D. Public Meetings. The Open Space Advisory Committee shall hold public meetings,
which public meetings shall be held in accordance with the Open Public Meetings Act,
and the Committee shall give appropriate notice of said meetings. The Committee shall
meet regularly on dates as determined by the members, but at least twice annually.
2-15 ADMINISTRATION
233 Rev. Ord. Supp. 06/2017
E. Duties and functions. The Open Space Advisory Committee shall:
1. Study and determine the existence of open space properties within the Borough.
2. Make recommendations to the Board of Commissioners as to those properties which
it has determined meet the criteria for possible acquisition, whether in fee, by
easement, by means of development rights, or by other means. The Board of
Commissioners shall review the report of the committee and make a determination
as to the properties, if any, to be acquired.
3. Prepare an open space plan which shall be submitted to the Board of Commissioners
on an annual basis; the plan shall contain an updated inventory of open space
properties, and shall include recommendations for the acquisition or preservation of
certain lands within the Borough.
4. Obtain and review accounting reports from the Borough’s Chief Finance Officer of
the utilization and balance available in the Open Space Trust Fund.
5. Perform such other advisory duties as requested by the Board of Commissioners.
F. Budget. The Board of Commissioners may, at its discretion, appropriate sufficient
funding to assist the Open Space Advisory Committee in carrying out its duties and
responsibilities.
2-15.3 Review of Open Space Trust Fund. In the event that no property is acquired or
financed under this chapter for a period of five (5) consecutive years, the Board of
Commissioners shall conduct a review and issue a report with recommendations and
conclusions concerning the continuation of the Open Space Trust Fund.
(Ord. No. 2017-11 § 1)
301 Rev. Ord. Supp. 04/2020
CHAPTER III
POLICE REGULATIONS
3-1 LITTER.
3-1.1 Definitions. As used in this section:
a. “Commercial handbill” shall mean printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced
original or copies of any matter of literature.
1. Which advertises for sale any merchandise, product, commodity, or thing; or
2. Which directs attention to any business, mercantile or commercial establishment, or
other activity, for the purpose of either directly or indirectly promoting the interest
thereof by sales; or
3. Which directs attention to or advertises any meeting, theatrical performance,
exhibition, or event of any kind, for which an admission fee is charged for the purpose
of private gain or profit; but the terms of this clause shall not apply where an admission
fee is charged or a collection is taken up for the purpose of defraying the expenses
incident to such meeting, theatrical performance, exhibition, or event of any kind, when
either of the same is held in connection with the dissemination of information which is
not restricted under the ordinary rules of decency, good morals, public peace, safety
and good order provided, that nothing contained in this section shall be deemed to
authorize the holding, giving or taking place of any meeting, theatrical performance,
exhibition, or event of any kind, without a license where such license is or may be
required by any law of this State, or under any ordinance of this borough; or
4. Which, while containing reading matter other than advertising matter, is predominantly
and essentially an advertisement, and is distributed or circulated for advertising
purposes, or for the private benefit and gain of any person so engaged as advertiser or
distributor.
b. “Dumpster” shall mean an exterior waste container designed to be mechanically lifted by
and emptied into or to be carted away by a collection vehicle. A dumpster shall not include
any on-site constructed container. (Ord. No. 2020-05 § 1)
c. “Garbage” shall mean putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
d. “Litter” shall mean “garbage”, “refuse”, and “rubbish” as defined herein and all other waste
material which, if thrown or deposited as herein prohibited, tends to create a danger to
public health, safety and welfare.
e. “Newspaper” shall mean any newspaper of general circulation as defined by general law,
any newspaper duly entered with the Post Office Department of the United States, in
accordance with Federal Statute or regulations, and any newspaper filed and recorded with
any recording officer and shall mean any periodical or current magazine regularly
published with not less than four issues per year, and sold to the public.
3-1 POLICE REGULATIONS
302 Rev. Ord. Supp. 04/2020
f. “Non-commercial handbill” shall mean any printed or written matter, any sample, or
device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any
other printed or otherwise reproduced original or copies of any matter of literature not
included in the aforesaid definitions of a commercial handbill or newspaper.
g. “Park” shall mean a park, reservation, playground, beach, recreation center or any other
public area in the borough, owned or used by the borough and devoted to active or passive
recreation.
h. “Private premises” shall mean dwelling, house, building, or other structure, designed or
used either wholly or in part for private residential purposes, whether inhabited or
temporarily or continuously uninhabited or vacant, and shall include any yard, grounds,
walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such
dwelling.
i. “Public place” shall mean all streets, sidewalks, boulevards, alleys or other public ways
and all public parks, squares, spaces, grounds and buildings.
j. “Refuse” shall mean all putrescible and nonputrescible solid wastes, (except body wastes),
including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles,
and solid market and industrial wastes.
k. “Rubbish” shall mean nonputrescible solid wastes consisting of both combustible and non-
combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard
clippings, leaves, wood, glass, bedding, crockery and similar material.
l. “Vehicle” shall mean every device, in, upon, or by which any person or property is
transported or drawn upon a highway.
3-1.2 Burning of Litter Prohibited. No person shall burn any litter in any open place,
whether public, private, or in any outside receptacle, incinerator or outdoor fireplace.
3-1.3 Litter in Public Places. No person shall throw litter in or upon any street, sidewalk or
other public place within the borough except in public receptacles or in authorized private
receptacles for collection.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in
such a manner as to prevent it from being carried or deposited by the elements upon any street,
sidewalk or other public place or upon private property.
3-1.4 Sweeping Litter into Gutters Prohibited. No person shall sweep into any gutter,
street or other public place within the borough the accumulation of litter from any building or lot
or from any public or private sidewalk or driveway. Persons owning or occupying property shall
keep the sidewalk in front of their premises free of litter.
3-1.5 Merchant’s Duty. No person owning or occupying a place of business shall sweep
into any gutter, street or other public place the accumulation of litter from any building or lot or
from any public or private sidewalk or driveway. Persons owning or occupying places of business
within the borough shall keep the sidewalk in front of their business premises free of litter.
3-1 POLICE REGULATIONS
303 Rev. Ord. Supp. 09/05
3-1.6 Litter Thrown from Vehicles. No person, while a driver or passenger in a vehicle,
shall throw or deposit litter upon any street or other public place within the borough, or upon
private property.
No person shall obstruct the free and lawful passage of pedestrians and vehicles on the streets,
highways, or sidewalks of the borough, or any part thereof, by placing thereon any vehicle, article
of traffic or merchandise or any wares, in a case or otherwise, or any packing boxes, barrels, any
sign or like structure, lumber, wood, or other obstruction of any kind. No person shall place or
cause to be placed any rubbish, debris, sand, gravel, stone, soil, mulch or other landscaping
material on any public street, or portion thereof in any manner so as to obstruct or interfere with
the operation of motor vehicles or drainage. (Ord. No. 2004-15 § 1)
If the Police Department determines that material deposited on any street is potentially
hazardous to pedestrians or vehicles, then the police may order the material removed. If the
individual or company does not promptly remove said material, then the Borough of Harvey
Cedars shall remove same and the person or company responsible for same shall reimburse the
Municipality for the cost of removal. (Ord. No. 2005-18 § 1)
3-1.7 Trucks Causing Litter. No person shall drive or move any truck or other vehicle
within the borough unless such vehicle is so constructed or loaded as to prevent any load, contents
or litter from being blown or deposited upon any street, alley or other public place. Nor shall any
person drive any vehicle or truck, on wheels or tires of which carry onto or deposit in any street,
mud, dirt, sticky substances, litter or foreign matter of any kind.
3-1.8 Litter in Parks. No person shall throw or deposit litter in any park within the borough
except in public receptacles and in such a manner that the litter will be prevented from being
carried or deposited by the elements upon any part of the park or upon any street or other public
place. Where public receptacles are not provided, all such litter shall be carried away from the
park by the person responsible for its presence and properly disposed of elsewhere.
3-1.9 Litter in Lakes and Fountains. No person shall throw litter in any fountain, pond,
lake, stream, lagoon, bay or any other body of water in a park or elsewhere within the borough.
3-1.10 Commercial Handbills. No person shall throw any commercial or non-commercial
handbill upon any sidewalk, street, or other public place within the borough. Nor shall any person
hand out or distribute or sell any commercial handbill in any public place. Provided, however,
that it shall not be unlawful on any sidewalk, street, or other public place within the borough for
any person to hand out or distribute, without charge to the receiver thereof, any non-commercial
handbill to any person willing to accept it.
3-1.11 Handbills on Vehicles. No person shall throw or deposit any commercial handbill
upon any vehicle. It shall not be unlawful in any public place for a person to hand out or distribute
without charge to the receiver thereof, a non-commercial handbill to any occupant of a vehicle
who is willing to accept it.
3-1.12 Handbills on Vacant Premises. No person shall throw any commercial or non-
commercial handbill upon any private premises which are temporarily or continuously uninhabited
or vacant.
3-1 POLICE REGULATIONS
304
3-1.13 Distribution of Handbills Where Posted. No person shall throw or distribute any
commercial or non-commercial handbill upon any private premises, if requested by anyone thereon
not to do so, or if there is placed on the premises in a conspicuous position near the entrance, a
sign bearing the words: “No Trespassing”, “No Peddlers or Agents”, “No Advertisement”, or any
similar notice, indicating that the occupants of the premises do not desire to be molested or have
the right of privacy disturbed, or to have any such handbills left upon such premises.
3-1.14 Distributing Handbills at Inhabited Premises. No person shall throw, deposit or
distribute any commercial or non-commercial handbill upon private premises which are inhabited,
except by handing the handbill directly to the owner, occupant, or other person then present in the
premises. In case of inhabited private premises which are not posted, the person, unless requested
by anyone upon the premises not to do so, may place any handbill in or upon the inhabited private
premises if the handbill is placed as to secure or prevent the handbill from being blown about the
premises or sidewalks, streets, or other public places, mailboxes may not be used when prohibited
by Federal postal law or regulations.
3-1.15 Mail and Newspapers. The provisions of this subsection shall not apply to the
distribution of mail by the United States, nor to newspapers as defined herein, except that
newspapers shall be placed on private property in such a manner as to prevent their being carried
or deposited by the elements upon any street, sidewalk, or other public place or upon private
property.
3-1.16 Posting Notices Prohibited. No person shall post or affix any notice, poster or device
calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree,
or upon any public structure or building, except as may be authorized or required by law.
3-1.17 Litter on Occupied Private Property. No person shall throw or deposit litter on any
occupied private property within the borough whether owned by the person or not, except that the
owner or person in control of private property may maintain authorized private receptacles for
collection in such a manner that litter will be prevented from being carried or deposited by the
elements upon any street, sidewalk or other public place or upon any private property.
3-1.18 Maintain Premises Free of Litter. The owner or person in control of any private
property shall at all times maintain the premises free of litter. This subsection shall not prohibit
the storage of litter in authorized private receptacles for collection.
3-1.19 Litter on Vacant Lots. No person shall throw or deposit litter on any open or vacant
private property within the borough whether owned by the person or not.
a. Notice to Remove. The chief of police is hereby authorized and empowered to notify the
owner of any open or private property within the borough or the agent of the owner to
properly dispose of litter located on the owner’s property which is dangerous to public
health, safety or welfare. Such notice shall be by certified mail, addressed to the owner at
his last known address.
3-1 POLICE REGULATIONS
305 Rev. Ord. Supp. 08/2017
b. Action Upon Non-Compliance. Upon the failure, neglect or refusal of any owner or agent
so notified, to properly dispose of litter dangerous to the public health, safety or welfare
within ten days after receipt of written notice provided for in paragraph (a) above, or within
ten days after the date of such notice in the event the same is returned to the borough by
the post office because of its inability to make delivery thereof, provided the same was
properly addressed to the last known address of the owner, the chief of police is hereby
authorized and empowered to order its disposal by the borough.
c. Charge Included in Tax Bill. When the borough has effected the removal of such
dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at
the rate of six percent per annum from the date of the completion of the work, if not paid
by such owner prior thereto, shall be charged to the owner by the borough and the charge
shall be due and payable by the owner at the time of payment of the bill.
d. Recorded Statement Constitutes Lien. Where the full amount due the borough is not paid
by such owner within 30 days after the disposal of such litter, as provided for in paragraphs
(a) and (b) above, then the commissioner of public safety shall cause to be recorded in the
office of the collector of taxes a sworn statement showing the cost and expense incurred
for the work, the date the work was done and the location of the property on which said
work was done. The recordation of such sworn statement shall constitute a lien on the
property, and shall remain in full force and effect for the amount due in principal and
interest, plus costs of court, if any, for collection, until final payment has been made. The
costs and expenses shall be collected in the manner fixed by law for the collection of taxes
and further, shall be subject to a delinquent penalty of eight percent in the event same is
not paid in full on or before the date the tax bill upon which the charge appears becomes
delinquent. Sworn statements recorded in accordance with the provisions hereof shall be
prima facie evidence that all legal formalities have been complied with and that the work
has been done properly and satisfactorily, and shall be full notice to every person concerned
that the amount of the statement, plus interest, constitutes a charge against the property
designated or described in the statement and that the same is due and collectible as provided
by law.
3-1.20 Litter Containers and Litter Removal.
a. All litter or recyclables for collection by the borough or its agent(s) shall be placed in metal
or plastic containers with covers and handles and stored on the owner’s property. Each
container shall not exceed 32 gallons and shall not weigh more than 50 pounds each.
Containers shall be covered at all times when not empty.
b. No household or commercial trash shall be placed in public containers or dumpsters.
c. Any business, commercial, industrial or construction location shall place its litter or trash
in a dumpster or container of appropriate size to prevent spill over. Any dumpster or
container used for trash or litter shall be covered so as to prevent the blowing of any trash
or litter from the container or dumpster. Construction site dumpsters shall remain covered
at all times when unattended. No cardboard or recyclables shall be mixed with trash. (Ord.
No. 2017-21 § 1)
d. Residential properties shall be allowed not more than eight (8) litter receptacles and two
(2) bulk items per regular trash collection. No bulk items shall be collected in July and
August.
3-1 POLICE REGULATIONS
306 Rev. Ord. Supp. 04/2020
e. Commercial or professional establishments shall be allowed not more than four (4) trash
containers and/or recyclable receptacles to be placed for collection at the curb line on
regular collection days.
f. Homeowner generated construction debris including wallpaper, carpet, plaster and
building materials must be properly contained or tied securely in bundles not more than
four (4) feet in length, which bundles shall weigh not more than 50 pounds when placed at
the curb line for collection and removal. Not more than four (4) containers of construction
debris shall be collected at one time.
g. Contracted generated debris shall be removed by the contracted business or person.
Contractors are responsible for separating recyclables from trash and for the disposal of
both in accordance with recycling and trash laws. (Ord. No. 2017-21 § 1)
h. The Recycling and Trash Schedule of the Borough of Harvey Cedars shall be generated
annually by the Superintendent of Public Works which shall establish collection dates and
more specifically list rules and regulations for recycling and trash collection. Said schedule
is made a part hereof and on file at the Borough Clerk’s office.
i. Refer to section 9-12 regarding stormwater pollution regulations.
(Ord. No. 2013-02 § 1)
j. Dumpsters are required on all construction sites before construction begins unless
otherwise exempted by the Construction Official or his/her designee.
(Ord. No. 2020-05 § 2)
3-1.21 Balloons. It shall be unlawful to intentionally release balloons of any type, inflated by
helium or any lighter-than-air gas or gases, as these materials may pose a danger and nuisance to
the environment, particularly to wildlife and marine animals.
No balloon shall be used or fastened for decorative or any other purpose to public property
within the Borough.
(Ord. No. 2017-14 § 1)
3-2 POLICE REGULATIONS
307 Rev. Ord. Supp. 05/2021
3-2 DISORDERLY PERSONS.
3-2.1 Purpose. Because the acts of one or more persons as hereafter described do and may
injure the rights of others, the following requirements are hereby imposed and declared necessary
for the general protection of the public.
3-2.2 Disrobing. It is unlawful to dress, undress, change clothing or sleep in any type of
motor vehicle or other type of vehicle.
3-2.3 Playing in Streets. The playing of baseball, football, hockey, the use of skateboards
and/or roller skates, or the playing of any type of game on the public streets running northeast and
southwest within the territorial limits of the Borough of Harvey Cedars is hereby prohibited.
3-2.4 Burning of Trash Prohibited. The burning of rubbish, trash or disposable material is
hereby prohibited. Permits for fires for beach parties may be granted in writing by the police
department when it appears that life, health or public safety will not be endangered; such permits
being good only for the date specified.
3-2.5 Loitering. It is unlawful to loiter, assemble, band or crowd together on the public
streets or any other public area in such a manner as to interfere with the rights of others to use the
public streets or public area.
3-2.6 Alcoholic Beverages in Public Places. It shall be unlawful at any time to consume
any kind of alcoholic beverage upon any street, highway, alley, sidewalk, approach, step, beach,
in any automobile or other vehicle parked upon any street, highway or alley, or in any public
building or any public place, except in a licensed establishment.
3-2.7 Noise Prohibited. To revel, disport, or behave in a noisy and boisterous manner,
emitting loud cries and other noises, so as to inconvenience others, or otherwise disrupt and disturb
the public peace and dignity is prohibited.
No person shall operate or permit the operation of any leaf blower, lawn mower, saw, drill,
sander, grinder, or similar devices outdoors as follows:
1. Mondays through Thursdays before the hours of 7:00 A.M. and after 7:00 P.M. after Labor
Day through Memorial Day, or before 8:00 A.M. and after 7:00 P.M. from Memorial Day
through Labor Day;
2. Fridays before the hours of 7:00 A.M. and after 6:00 P.M. after Labor Day through
Memorial Day, or before 8:00 A.M. and after 6:00 P.M. from Memorial Day through Labor
Day;
3. Any Saturday or Sunday before 8:00 A.M. and after 6:00 P.M. (Ord. No. 2021-09 § 1)
3-2.8 Obscene Behavior Prohibited. To act in a loud, indecent, obscene, offensive or
lascivious manner on the public streets or public areas, is prohibited.
3-2.9 Prohibited Bicycles. It shall be unlawful for any person, other than those persons in
the employ of the Government of the United States of America, to operate a bicycle having more
than two wheels on the public streets running northeast and southwest with the territorial limits of
the Borough of Harvey Cedars.
3-2.10 Disrobing. The act of disrobing, changing clothes, dressing or undressing is hereby
prohibited in all public places. (Ord. No. 2003-08 § 1)
3-3 POLICE REGULATIONS
308 Rev. Ord. Supp. 08/87
3-3 RENTING TO MINORS.
3-3.1 Regulations. No room, rooms, apartment, cottage or house in this municipality shall
be rented to, by or for any group of minors unless and until the following regulations have been
complied with.
a. Every group of minors, when occupying a room, apartment, cottage or house shall be under
the direct, immediate and personal supervision of a parent or guardian of one of the minors
in the group or a competent adult person having charge of and being responsible for the
proper conduct of the minors.
b. Before any room, apartment, cottage or house shall be occupied by a group of minors, the
parent, guardian or adult person, as the case may be, referred to in the preceding paragraph,
shall report to the police department of this municipality and register with the police
department the name and address of the parent, guardian or adult person having charge of
such group of minors.
3-3.2 Landlord’s Responsibility. No landlord, real estate broker or owner of any room,
apartment, cottage or house shall permit same to be occupied by any group of minors until the
provisions of paragraphs b and c of subsection 3-3.1 have been complied with.
No landlord, real estate broker or owner of any room, apartment, cottage or house shall permit
same to be occupied by or used for any group of minors unless and until the lease is signed by a
parent or guardian of one of the minors in the group or by a competent adult person having charge
of the group of minors and being responsible for their proper conduct.
No lease shall be sublet or assigned for use by another group of minors unless and until the
same provisions are made and carried out as to the subletting or assignment as provided above for
the original lease.
3-3.3 Requirements for Guardian. No parent, guardian or adult person shall have charge
of a group of minors for the purpose stated herein who shall have a criminal record.
3-3.4 Definition. “Group of minors” as used in this section shall mean a unit of two or more
individual persons each under the age of 18 years.
3-4 POLICE REGULATIONS
309
3-4 BEACH AND BAY REGULATIONS.
3-4.1 Definitions. As used in this section:
“Beach and bay areas” shall mean all of those areas of land along the ocean front and bay
front owned by the Borough of Harvey Cedars, and those wherein the borough has control of the
use by easement deed, and all other areas set apart by consent of owners where protected bathing
areas are established; public street ends on the bay front or ocean front.
3-4.2 Violations Prohibited. It shall be unlawful and an offensive course of conduct to
violate or participate in the violation of any rule or regulation hereinafter set forth, which rules and
regulations are hereby adopted for and shall apply to the government, supervision, use and policing
of the aforesaid areas, viz: those areas supervised by the borough guards and designated as
protected bathing areas.
3-4.3 Prohibited Activities.
a. To throw, bat or catch a baseball, football, basketball, soft ball, or engage in the playing of
any game endangering the health and safety of others in protected beach areas where
bathing is supervised. This subsection shall not apply to the playing of beach tennis or
reasonable playing “at catch” with a soft rubber or beach ball.
b. To swim or bathe beyond a safe depth in the ocean, as indicated, determined or regulated
by the borough lifeguards.
c. To use any inflatable raft, innertube, waterwings, surfboard, boat or any floating or inflated
object of any kind or description on ocean beaches of the borough except as indicated,
determined, or regulated by the borough lifeguards.
d. To throw, place, deposit, or leave any bottles, glass, crockery, sharp or pointed article or
thing, paper, refuse or debris of any kind, in the areas except in the proper receptacles
provided at the street ends. No trash cans are to be taken from the streets and placed on
the beach by unauthorized persons.
e. All orders, direction whistles or other signals used by the borough lifeguards and police
shall immediately be obeyed.
f. To sleep on the beach within the areas defined during any time between midnight and 6:00
a.m.
g. Changing clothes, dressing, or undressing or otherwise to disrobe, except outer wraps.
h. “Picnicking” - meaning the carrying of or otherwise transporting any box, basket, bag, tub
or other receptacle in which there is contained food or beverages, or both, within the areas
described.
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3-5 REMOVAL OF WEEDS, GRASS AND RUBBISH.
3-5.1 Fire Hazards Prohibited. It shall be unlawful for the owner or occupant of any lot,
tract or parcel of land within the borough to allow, or permit any weeds, grass, bushes, hedges or
rubbish to grow, accumulate, or remain upon such land, to the extent that the same, when dry,
would become inflammable and constitute a fire hazard dangerous to life or property within the
borough.
3-5.2 Notice to Remove. Whenever it shall come to the notice of the board of commissioners
of the borough, that a condition violative of subsection 3-5.1 of this chapter exists, upon any lot,
tract or parcel of land within the borough, the board may instruct and cause the borough clerk, or
such other officer of the borough as the board may designate, to serve notice in writing upon the
owner or occupant of the parcel of real estate to remove the weeds, grass, bushes, hedges or rubbish
within 14 days after the service of such notice.
3-5.3 Failure to Comply. Upon the failure of the owner or occupant to comply with the
requirements of the notice, the borough will cause the work to be done, in which event the cost
thereof shall be charged against the owner or occupant of the lands.
In the event the owner or occupant of the land shall fail, neglect or refuse to comply with the
requirements of the aforesaid notice, within the time required by the notice, then the board of
commissioners may cause such weeds, grass, bushes, hedges or rubbish to be removed from the
lands, whenever the same shall constitute a fire hazard, dangerous to life and property within this
borough.
3-5.4 Cost to be Lien Against Property. Whenever the borough shall cause the work
mentioned in subsection 3-5.3 hereof to be done, the cost of the work shall be certified to the board
and, if and when the cost thereof shall have been approved by the board, the collector of taxes shall
enter the cost of the work as a charge and lien against the lands upon which the work was done,
and the same shall constitute a lien against the lands and shall be collected, and the payment thereof
enforced, in the same manner as other taxes and assessments against the lands are collected and
enforced.
In lieu of the procedure set forth in subsection 3-5.4 hereof, the borough may recover the cost
of such work against the owner or occupant of such land by an action of law, in accordance with
the statute in such case made and provided.
3-6 POLICE REGULATIONS
311 Rev. Ord. Supp. 12/06
3-6 WILDLIFE FEEDING.
3-6.1 Definitions.
Feed – to give, place, expose, deposit, distribute or scatter any edible material with the
intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the
legal taking of fish and/or game.
Person – any individual, corporation, company, partnership, firm, association, or political
subdivision of this State subject to municipal jurisdiction.
Wildlife – all animals that are neither human nor domesticated.
3-6.2 Prohibited. No person shall feed, in any public park or on any other property owned
or operated by the Borough of Harvey Cedars any wildlife, excluding confined wildlife (for
example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at
environmental education centers).
Any person to be in violation of this ordinance shall be ordered to cease the feeding
immediately.
(Ord. No. 2006-02 § 1)
3-7 POLICE REGULATIONS
312
3-7 ISSUANCE OF WORTHLESS CHECKS.
3-7.1 Issuance Prohibited. It shall be unlawful for any person, either for himself or as agent
or representative of another person, or as an officer or agent for any corporation, or as a member
of a partnership, with intent to defraud, to make, draw, utter or deliver any check, draft or order
for the payment of money in a sum not in excess of two hundred ($200.00) dollars, upon any bank
or other depository for the payment in full of such instrument upon its presentation although no
express representation is made in reference thereto.
3-7.2 Presumption. The making, drawing, uttering or delivering of a check, draft or order
as stated in the foregoing subsection shall be prima facie evidence of intent to defraud, and the
certificate of protest of nonpayment of same shall be presumptive evidence that there were no
funds or insufficient funds in or credit with such bank or other depository and that the person
making, drawing, uttering or delivering the instrument knew that there were no funds or
insufficient funds in or credit with such bank or other depository.
3-8 POLICE REGULATIONS
313 Rev. Ord. Supp. 06/94
3-8 BELOW GRADE LOTS.
3-8.1 Prohibited. It shall be unlawful for the owner of any land in the borough to allow the
land to be below grade or to permit the presence thereon of any stagnant water or refuse or other
obnoxious materials, all of which provide breeding areas for mosquitoes, flies and other insects
injurious to the public health.
3-8.2 Notice to Owners. Upon complaint of any resident or property owner, or upon his
own motion, the commissioner of public affairs and safety, or his designated agent, shall
investigate the condition complained of. If a violation of this section is found to exist, the
commissioner of public affairs and safety shall give notice to the owner either personally or by
certified mail addressed to him at his address as shown on the last tax duplicate of the borough,
requiring him to eliminate the violation and fill the land with clean fill to a street grade height of
eight inches, within ten days after giving of the notice.
3-8.3 Cost to be Lien Against Premises. If the owner of the land shall refuse or neglect to
comply with the notice within the ten day period, the borough shall be empowered to have the
necessary work done. In such event the cost thereof shall be certified to the board of
commissioners, which board shall examine the certificate, and if the same be found correct shall
cause the cost as shown thereon to be charged against the lands in question. The amount so charged
shall forthwith become a lien on the land, to bear interest at the same rate as taxes, and to be
collected and enforced by the same officers and in the same manner as taxes.
3-8.4 - 3-8.5 Reserved.
3-9 POLICE REGULATIONS
314
3-9 PENALTY.
3-9.1 Maximum Penalty. For violation of any provisions of this chapter, any other chapter
of this revision, or any other ordinance of the borough where no specific penalty is provided
regarding the section violated, the maximum penalty upon conviction, shall be a fine not exceeding
one thousand ($1,000.00) dollars, or imprisonment for a period not exceeding 90 days, or both.
(N.J.S.A. 40:49-5)
3-9.2 Separate Violations. Except as otherwise provided every day in which a violation of
any provision of this chapter or any other ordinance of the borough exists shall constitute a separate
violation.
3-9.3 Application. The maximum penalty stated in this section is not intended to state an
appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no
penalty at all, may be appropriate for a particular case or violation.
3-9.4 Minimum Penalty. The governing body may prescribe that, for the violation of any
particular code provision or ordinance, at least a minimum penalty shall be imposed which shall
consist of a fine which may be fixed at an amount not exceeding one hundred ($100.00) dollars.
(N.J.S.A. 40:49-5)
3-10 POLICE REGULATIONS
315 Rev. Ord. Supp. 05/81
3-10 MASSAGE PARLORS.
3-10.1 Definitions. As used in this section:
a. “Massage” shall mean the administration by any person or method of exerting or applying
pressure, friction, moisture, heat or cold to the human body with a rubbing, stroking,
kneading, pounding, or tapping of the human body by any physical or mechanical means
for any form of consideration.
b. “Massage parlor” shall mean any establishment or operation wherein a massage is
administered or is permitted to be administered when such massage is administered for any
form of consideration.
c. “Massager” shall mean any person, male or female, who administers a massage for any
form of consideration.
3-10.2 Massage Parlor Prohibited. No person shall operate any establishment or utilize any
premises in the Borough of Harvey Cedars as or for a massage parlor.
3-10.3 Employment as Massager Prohibited. No person shall render or perform services as
a massager or engage in the business of or be employed as a massager.
3-10.4 Exemptions. The provisions of this section shall not apply to massage or physical
therapy treatment given by a registered massager, R.M.T. or A.M.T.A. in:
a. The office of a licensed physician, chiropractor, or physical therapist;
b. In a regular established medical center, hospital, or sanitarium having a staff which
includes licensed physicians, chiropractors and/or physical therapists;
c. By any licensed physician, chiropractor or physical therapist in the residence of his patient;
d. By any presently existing massage establishment operated or maintained by a corporation
organized under Title 15 of the Revised Statutes of the State of New Jersey.
3-11 POLICE REGULATIONS
316 Rev. Ord. Supp. 05/81
3-11 ADULT BOOK STORES.
3-11.1 Definitions. As used in this section, the following terms shall have the meanings
indicated.
a. “Adult bookstore” shall mean an establishment having as a substantial or significant
portion of its stock in trade books, magazines, and other periodicals and films and other
viewing materials which are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to special sexual activities, sexual conduct, or specified
anatomical areas, or an establishment with a segment or section devoted to the sale or
display of such material.
b. “Adult motion picture theater” shall mean an enclosed building used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing, or
relating to specified sexual activities, sexual conduct or specified anatomical areas for
observation by patrons therein.
c. “Motion picture” shall mean film or films in which any person is shown, depicted or
revealed in any act of sexual conduct or sadomasochistic abuse.
d. “Sadomasochistic abuse” shall mean flagellation or torture by or upon a human being who
is nude, clad in undergarments or the condition of one who is nude or so clothed and is
being fettered, bound, or otherwise physically restrained.
e. “Sexual conduct” shall mean human masturbation or sexual intercourse between members
of the same or opposite sex or between humans and animals, in an act of apparent sexual
stimulation or gratification.
f. “Special anatomical area”
1. Less than completely and opaquely covered human genitals, pubic region, buttock, or
female breast below a point immediately above the top of the areola.
2. Human genitals in a discernibly turgid state, even if covered.
g. “Specified sexual activities”
1. Human genitals in a state of sexual stimulation or arousal.
2. Any act of human masturbation, sexual intercourse or sodomy.
3. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female
breasts.
3-11.2 Adult Bookstore or Motion Picture Theater Prohibited. No person shall operate
any establishment or utilize any premises in the Borough of Harvey Cedars as or for an adult
bookstore or an adult motion picture theater.
3-12 POLICE REGULATIONS
317 Rev. Ord. Supp. 08/83
3-12 HOURS OF OPERATION OF RETAIL ESTABLISHMENTS.
3-12.1 Findings. It is hereby found and declared that operation of a retail and/or service
establishment between the hours of 12:00 midnight and 5:00 a.m. constitutes a detriment to the
public health, comfort, safety and welfare of the residents of the borough.
The necessity in the public interest for the provisions, regulations and prohibitions contained
in this section, is declared as a matter of legislative determination and public safety; and it is further
declared that the provisions, regulations and prohibitions hereinafter contained are in the pursuance
of and for the purpose of securing and promoting the public health, safety and welfare, and the
peace and quiet of the borough and its inhabitants.
3-12.2 Definitions.
a. As used in this section a “retail establishment” is defined as a commercial enterprise that
sells or provides goods and/or services to the general public.
b. Exceptions. An establishment that sells alcoholic beverages, which is regulated by the
ordinances as set forth in Chapter V of the Revised General Ordinances of the Borough of
Harvey Cedars.
c. It is not the intention of this section to alter or amend any of the provisions of said Chapter
V.
3-12.3 Hours Regulated. Any retail and/or service establishment may not open for business
before 5:00 a.m., nor remain open for business past midnight. No customers may remain on the
premises after said establishment is closed.
3-12.4 Violation; Penalty. A violation of this section is punishable by a fine not exceeding
five hundred ($500.00) dollars per occurrence.
3-13 POLICE REGULATIONS
318 Rev. Ord. Supp. 03/90
3-13 PARKS AND RECREATION AREAS.
3-13.1 Activities Prohibited.
a. It shall be unlawful for any person in a public park or recreation area to:
1. Willfully mark, deface, disfigure, injure, tamper with or displace or remove any
buildings, bridges, tables, benches, fireplaces, railings, pavings or paving materials,
water lines or other public utilities or parts or appurtenances thereof, signs, notices or
placards, whether temporary or permanent, monuments, stakes, posts or other boundary
markers, or other structures or equipment, facilities or park property or appurtenances
whatsoever, either real or personal.
2. Fail to cooperate in maintaining rest rooms and wash rooms in a neat and sanitary
condition.
3. Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or
materials, or make any excavation by tool, equipment, blasting or other means or
agency.
4. Construct or erect any building or structure of whatever kind, whether permanent or
temporary, or run or string any public service utility into, upon or across such lands,
except on special written permit issued hereunder.
5. Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick
flowers or seed of any tree or plant, dig in or otherwise disturb grassed areas, or in any
other way injure the natural beauty or usefulness of any area.
6. Climb any tree or walk, stand or sit upon monuments, vases, planters, fountains,
railings, fences or upon any other property not designated or customarily used for such
purposes.
7. Tie or hitch an animal to any tree or plant.
8. No person shall hunt, molest, kill, wound, trap, abuse, shoot, pursue, or throw missiles
at, remove, or have in his possession any animals, reptiles, or birds found within a
borough park, nor disturb its habitat within a borough park, or knowingly buy, receive,
have in his possession, sell or give away any such animal, reptile, bird or eggs so taken,
except as may be specifically provided for, and being in accordance with State/Federal
Fish and Game Laws.
9. Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain,
pond, lake, stream, or other body of water in any park or tributary stream, storm sewer,
or drain flowing into such water, any substance, matter or thing, liquid or solid, which
will or may result in the pollution of said waters.
3-13 POLICE REGULATIONS
319 Rev. Ord. Supp. 03/2013
10. Have brought in or shall dump in, deposit or leave any bottles, broken glass, ashes,
paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No such
refuse or trash shall be placed in any waters in any park, or left anywhere on the grounds
thereof, but shall be placed in the proper receptacles where these are provided; where
receptacles are not provided, all such rubbish or waste shall be carried away from the
park by the person responsible for its presence, and properly disposed of elsewhere.
11. Drive or park any vehicle on any area except the paved park roads or parking areas, or
such areas as may on occasion be specifically designated as temporary areas by the
Governing Body. (Ord. No. 2013-05 § 1)
12. Leave a vehicle standing or parked at night in established parking areas or elsewhere
in the park areas. No motor vehicle shall be parked in said park areas from one-half
hour after sunset until sunrise, except as otherwise permitted.
13. Ride a bicycle without reasonable regard to the safety of others.
14. Leave a bicycle lying on the ground or paving or set against trees, or in any place or
position where a person may trip over or be injured by it.
15. Swim, bathe, or wade in any waters or waterways in any park, except in such waters,
and at such places as are provided therefor, and in compliance with such regulations as
are herein set forth, or may be hereinafter adopted, nor shall any person frequent any
waters or places customarily designated for the purpose of swimming or bathing, or
congregate thereat when such activities are prohibited by the Governing Body upon a
finding that such use of water would be dangerous or otherwise inadvisable. (Ord. No.
2013-05 § 1)
16. Erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter, or
structure of any kind, nor shall any guy wire, rope, or extension, brace, or support, be
connected or fastened from any such structure to any other structure, stake, rock or
other object outside thereof.
17. Bring into or operate any boat, raft, or other water raft, whether motor powered or not,
upon any waters, except at places designated for boating by the Governing Body. Such
activity shall be in accordance with applicable regulations as are now or will hereafter
be adopted. (Ord. No. 2013-05 § 1)
18. Navigate, direct, or handle any boat in such a manner as to unjustifiably or
unnecessarily annoy or frighten or endanger the occupant of any other boat.
19. Fish in any area where bathing is permitted.
20. Shooting into park areas from beyond park boundaries is forbidden. No person shall
carry or possess firearms of any description, or air-rifles, spring-guns, bow and arrows,
slings or any other forms of weapons potentially inimical to wildlife and dangerous to
human safety, or any instrument that can be loaded with and fire blank cartridges, or
any kind of trapping device, except as may be specifically provided for, and being in
accordance with State/Federal Fish and Game Laws.
3-13 POLICE REGULATIONS
320 Rev. Ord. Supp. 03/2013
21. Picnic or lunch in a place other than those designated for that purpose. Attendants shall
have the authority to regulate activities in such areas when necessary to prevent
congestion and to secure the maximum use for the comfort and convenience of all.
Visitors shall comply with any directions given to achieve this end.
22. Violate the regulation that use of individual fireplaces, together with tables and benches
follows the generally accepted rule of “First Come, First Served.”
23. Use any portion of the picnic area or any of the buildings or structures therein for the
purpose of holding picnics to the exclusion of other persons, nor shall any person use
such areas and facilities for an unreasonable time, if the facilities are crowded.
24. Leave a picnic area before the fire is completely extinguished and before all trash is
placed in the disposal receptacles where provided. If no such trash receptacles are
available, then trash shall be carried away from the park area by the picnicker to be
properly disposed of elsewhere.
25. Set up tents, shacks, or any other temporary shelter for the purpose of overnight
camping, nor shall any person leave in a park, after closing hours, any movable
structure or special vehicle to be used, or that could be used for such purpose, such as
a house-trailer, camp-trailer, camp-wagon, or the like, except in those areas designated
by the Governing Body for those purposes. (Ord. No. 2013-05 § 1)
26. Take part in or abet the playing of any games involving thrown or otherwise propelled
objects such as balls, stones, arrows, javelins, horseshoes, quoits, or model airplanes,
except in those areas set apart for such forms of recreation. The playing of rough or
comparatively dangerous games such as football, baseball and lacrosse is prohibited,
except on the fields and courts or areas provided therefor. Roller skating shall be
confined to those areas specifically designed for such pastime.
27. Ride a horse, except on designated bridle trails, where permitted. Horses shall be
thoroughly broken and properly restrained, and ridden with due care, and shall not be
allowed to graze or go unattended, nor shall they be hitched to any rock, tree or shrub.
3-13.2 Conduct in Parks.
a. While in a public park or recreation area, all persons shall conduct themselves in a proper
and orderly manner, and in particular, no person shall:
1. Bring alcoholic beverages, drink same at any time, nor shall any person be under the
influence of intoxicating liquor in a park.
3-13 POLICE REGULATIONS
321 Rev. Ord. Supp. 03/2013
2. Have in his possession, or set, or otherwise cause to explode or discharge or burn, any
firecrackers, torpedo rockets, or other fireworks, firecrackers, or explosives of
inflammable material, or discharge them or throw them into any such areas from lands
or highways adjacent thereto. This prohibition includes any substance, compound,
mixture, or article that in conjunction with any other substance or compound would be
dangerous from any of the foregoing standpoints. At the discretion of the Governing
Body, permits may be given for conducting properly supervised fireworks in
designated park areas. (Ord. No. 2013-05 § 1)
3. Be responsible for the entry of a dog or other domestic animal into areas clearly marked
by the park and recreation commission by signs bearing the words “Domestic Animals
Prohibited in this Area.” Nothing herein shall be construed as permitting the running
of dogs at large. All dogs in those areas, where such animals are permitted, shall be
restrained at all times on adequate leashes not greater than six feet in length.
4. Solicit alms or contributions for any purpose, whether public or private.
5. Build or attempt to build a fire except in such areas and under such regulations as may
be designated by the Governing Body. No person shall drop, throw, or otherwise
scatter lighted matches, burning cigarettes or cigars, tobacco, paper or other
inflammable material within any park or on any highways, roads, or streets abutting or
contiguous thereto. (Ord. No. 2013-05 § 1)
6. Enter an area posted as “Closed to the Public” nor shall any person use, or abet in the
use of any area in violation of posted notices.
7. Gamble or participate in or abet any game of chance, except in such areas, and under
such regulations, as may be designated by the Governing Body.
(Ord. No. 2013-05 § 1)
8. Go onto the ice on any of the waters, except such areas as are designated as skating
fields, and provided a safety signal is displayed.
9. Upon request to fail to produce and exhibit a permit from the Governing Body he claims
to have to any authorized person who shall desire to inspect the same for the purpose
of enforcing compliance with an ordinance or rule. (Ord. No. 2013-05 § 1)
10. Disturb or interfere unreasonably with any person or party occupying any area, or
participating in any activity under the authority of a permit.
11. Expose or offer for sale any article or thing, nor shall he station or place any stand, cart
or vehicle for the transportation, sale or display or any such article or thing. Exception
is hereby made as to any regularly licensed concessionaire acting by and under the
authority and regulation of the Governing Body. (Ord. No. 2013-05 § 1)
12. Paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription
whatever, nor shall any person erect or cause to be erected any sign whatever on any
park lands or highways or roads in any park.
3-13 POLICE REGULATIONS
322 Rev. Ord. Supp. 03/2013
3-13.3 Public Use and Availability of Park and Recreation Areas.
a. Except for unusual and unforeseen emergencies, parks shall be open to the public every
day of the year during designated hours. The opening and closing hours for each individual
park shall be posted therein for public information and shall be determined from time to
time by resolution of the Governing Body. (Ord. No. 2013-05 § 1)
b. No person shall, on the grounds of race, color, national origin, religion, age, sex, or
handicap be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in any park facility, program or activity.
c. Discrimination on the basis of residence, including preferential reservation, membership
or annual permit systems, is prohibited except to the extent that reasonable differences in
admission and other fees may be maintained on the basis of residence in any park.
3-13.4 Permits. Permits for special events in parks shall be obtained by application to the
Governing Body in accordance with Section 4-9 entitled Municipal Property Usage Permits and
Fees. (Ord. No. 2013-05 § 1 & 2)
3-13.5 Enforcement.
a. The Governing Body and park attendants shall, in connection with their duties imposed by
law, diligently enforce the provisions of this section. (Ord. No. 2013-05 § 1)
b. The Governing Body and any park attendant shall have the authority to eject from the park
area any person or persons acting in violation of this section. (Ord. No. 2013-05 § 1)
c. The Governing Body and any park attendant shall have the authority to seize and confiscate
any property, thing or device in the park, or used, in violation of this section. (Ord. No.
2013-05 § 1)
d. This section shall also be enforced by the Harvey Cedars Police Department.
3-13.6 Reserved. (Ord. No. 2013-05 § 3)
3-13.7 Violations and Penalties. Any person violating any of the provisions of this section
or any rule or regulation promulgated hereto, shall upon conviction be subject to the replacement,
repair or restoration of any damaged park property, and shall be subject to a fine not exceeding
five hundred ($500.00) dollars.
3-13.8 Effect on Other Regulations. This section is in addition to and not in derogation of
any other ordinance involving or effecting any of the subject matters contained within the section.
3-14 POLICE REGULATIONS
323 Rev. Ord. Supp. 08/2018
3-14 SMOKING PROHIBITED.
3-14.1 Findings. It is not the policy of the board of commissioners of the Borough of Harvey
Cedars to deny anyone the right to smoke. However, the board of commissioners finds that in the
areas affected by this section, the right of the nonsmoker to breathe clean air should supersede the
right of the smoker to smoke. (Ord. No. 2006-07 § 2)
3-14.2 Definitions.
“Bay beach” shall mean the bathing area located at the west end of West 75
th
Street and
Barnegat Bay, which includes the fenced swimming area, the sandy beach area and the pavilion.
(Ord. No. 2006-07 § 3)
“Borough offices” shall mean all Borough owned buildings and interior spaces that are open
to the general public, including, but not limited to, the post office, police department and the office
of the Superintendent of Public Works. (Ord. No. 2006-07 § 3)
“Municipal building” shall mean the entire building commonly known and designated as the
Reynold Thomas Borough Hall located at 7606 Long Beach Blvd., Harvey Cedars, New Jersey.
(Ord. No. 2006-07 § 3)
“Ocean beach” means the area of beach bordering the Atlantic Ocean extending the entire
length of the borough of Harvey Cedars from William Street to 86
th
Street and extending
eastwardly of the bulkhead line to 100 feet seaward of the mean high water line. (Ord. No. 2013-
09 § 1)
“Smoke” and “Smoking” shall mean the act of inhaling, exhaling, burning, carrying or using
any electronic device, lighted cigarette, cigar, pipe, weed, plant or other combustible substance in
any manner or in any form. (Ord. No. 2018-11 § 1)
“Sunset Park” shall mean the entire recreational area located at West Salem Avenue. (Ord. No.
2013-09 § 1)
3-14.3 Restricted Areas. Smoking is prohibited in the following areas:
a. The municipal building and borough offices.
b. The bay beach excluding the designated parking areas.
c. Sunset Park excluding the designated parking areas.
d. The ocean beach between the swimming flags of designated swimming areas
during the times when lifeguards are on duty.
(Ord. No. 2018-11 § 2)
3-14.4 Enforcement and Penalty. Enforcement shall be through police or citizen complaint.
Anyone violating this section shall be subject to the issuance of a summons returnable in the
Municipal Court of the Borough of Harvey Cedars, and subject to a minimum fine of fifty ($50.00)
dollars. (Ord. No. 2013-09 § 3)
3-15 POLICE REGULATIONS
324 Rev. Ord. Supp. 10/95
3-15 TOWING.
a. Towing and storage of motor vehicles or vessels which are stolen, abandoned, involved in
a crime, involved in a fatal accident or accidents which in the judgment of the police may
become fatal, shall be considered police impounds. Said vehicle or vessel shall be towed
to the designated police impound property.
b. The cost of the said towing shall be borne by the owner of the vehicle or vessel who shall
reimburse the towing contractor for his charges.
c. The Borough of Harvey Cedars shall charge at the rate of ten ($10.00) dollars per day,
storage fees for vehicles or vessels stored in its unsecured lot owned and operated by the
Borough of Harvey Cedars.
3-16 POLICE REGULATIONS
325 Rev. Ord. Supp. 04/98
3-16 ALARM SYSTEMS.
3-16.1 Definitions. For the purpose of this section, the following terms, phrases, words and
their derivations shall have the meanings given herein:
“Alarm system” shall mean any device designed, when actuated, to produce or emit a sound
or transmit a signal or message for the purpose of alerting others to the existence of an
emergency situation requiring immediate investigation by alarm, police, fire or other agent.
“False alarm” shall mean the activation of an alarm system by causes other than those to which
the alarm system was designed or intended to respond.
“Fire department” shall mean the volunteer fire company or companies located within the
Borough of Harvey Cedars.
“Borough chief of police.” The borough chief of police or representative shall be responsible
for the enforcement of this section and any administrative duties regarding the regulation and
control of alarm business, agents and systems in the borough.
3-16.2 Required Inspection and Information.
a. The borough chief of police and/or representative is authorized, at reasonable times and
upon oral notice, to enter any premises in the Borough of Harvey Cedars to inspect the
installation and/or operation of any alarm device as official business.
b. All business having fire alarms must submit the names, addresses and emergency numbers
of persons to contact, if the alarm is activated, to the chief of police and shall update and/or
amend this list annually. This list is confidential and shall be used by the police and/or fire
department when necessary to make contact due to official business.
3-16.3 False Alarm.
a. The borough chief of police shall keep a written record (the police event/dispatch card) of
all false alarms which summon the police department or fire department to investigate.
b. After two false alarms in any new calendar year, the borough chief of police shall charge
the owner or lessee of such alarm an administrative inspection fee, as outlined in subsection
3-16.4.
c. The owner, lessee or alarm business, after consulting with the borough chief of police, may
appeal said chief of police’s decisions under subsections 3-16.2 and 3-16.3 to the township
council.
3-16.4 False Alarm Penalty Fees.
a. The following chief of police inspection fees shall be applicable as a result of excessive
false alarms:
1. Zero to two; no fee.
3-16 POLICE REGULATIONS
326 Rev. Ord. Supp. 04/98
2. Third false alarm; one hundred ($100.00) dollars.
3. Fourth false alarm; one hundred fifty ($150.00) dollars.
4. Fifth false alarm; two hundred ($200.00) dollars.
5. Sixth false alarm; two hundred fifty ($250.00) dollars.
6. Seventh false alarm; three hundred ($300.00) dollars.
7. Eight or more false alarms; three hundred fifty ($350.00) dollars.
b. The reconnection fee as outlined subsection 3-16.3e shall be twenty-five ($25.00) dollars.
3-17 POLICE REGULATIONS
327 Rev. Ord. Supp. 06/98
3-17 CURFEW.
3-17.1 Established Hours. It shall be unlawful for any minor under the age of 18 years to
loiter or remain in or upon any public street, highway, sidewalk, road, playground, alley, park,
vacant lot, bathing beach, public building, place of amusement or places of business conducted for
profit to which the public is invited or unsupervised places, either on foot or in or upon any vehicle
within the Borough of Harvey Cedars between the hours of 12:00 midnight, prevailing time, and
6:00 a.m., prevailing time, on the following day; provided, however, that the provisions of this
section shall not apply to any such minor when accompanied by his parent or parents, guardian or
other adult person having custody, care or control of such minor.
3-17.2 Responsibility of Parent. It shall be unlawful for any parent, guardian or other adult
person having custody, care or control of a minor child under the age of 18 years to knowingly
permit such minor to loiter or remain unaccompanied by such parent, guardian or other adult
person, upon any public street, highway, sidewalk, road, playground, alley, park, vacant lot,
bathing beach, public building, place of amusement or places of business conducted for profit to
which the public is invited or unsupervised places, either on foot or in or upon any vehicle within
the borough, between the hours of 12:00 midnight, prevailing time, and 6:00 a.m., prevailing time,
on the following day.
3-17.3 Exceptions. The provisions of this section shall not apply to any minor under the age
of 18 years during the time necessarily required for such minor to travel to his or her residence
from:
a. A place of employment at which such minor may be gainfully employed;
b. A school or place of instruction at which such minor may be in bona fide attendance.
c. A place at which a function may be held which shall be or has been sponsored by a school,
religious or civic organization, or which shall be or has been a properly supervised event
or program, or
d. A place at which a bona fide, supervised social meeting, gathering or assemblage had taken
place.
3-17.4 Emergencies. Should any emergency arise necessitating a minor child under the age
of 18 years to be dispatched on an errand requiring his presence on a street or in an automobile, or
in any public or quasi-public place, as aforesaid, during the curfew hours established, he shall have
in his possession a note signed by the parent, guardian or other person having custody, care or
control of such minor child under the age of 18 years, stating the nature of the errand, the necessity
therefor, the place to which the child is to go, the time and date note was issued and the time
required for the errand. Failure to comply with the provisions of this paragraph shall constitute a
violation of this section.
3-17.5 Presumption of Violation. If it shall be established that a minor under the age of 18
years loitered or remained in or upon any of the public or quasi-public places in the borough, as
above set forth, in violation of this section, then it shall be presumed, in the absence of proof to
the contrary, that the parent or other adult person having the care, control or custody of the minor
knowingly permitted such conduct on the part of the minor.
3-18 POLICE REGULATIONS
328 Rev. Ord. Supp. 10/05
3-18 CUTTING OF PAVERS, BRICK AND CONCRETE.
Any person engaged in cutting any stone or masonry products including without limitation,
brick pavers, bricks, concrete blocks and stone shall perform such cutting only by using water
dampened cutting disks or water dampened cutting saws to control as much as may be practical
the dispersion of dust generated by such cutting. (Ord. No. 2005-20 § 1)
3-20 POLICE REGULATIONS
329 Rev. Ord. Supp. 06/2018
3-19 OVERSIZED VEHICLES.
3-19.1 Purpose. The Board of Commissioners of the Borough of Harvey Cedars has found
and determined that the operation of oversized vehicles on municipal roadways can create public
safety problems to other vehicles, property and persons, together with impeding access to
emergencies by emergency vehicles including police, fire and first aid.
3-19.2 Approval for Oversized Vehicles. Before anyone can operate an oversized vehicle
on municipal roads, that individual or company must receive prior approval from the Chief of
Police or his designee.
The Chief of Police or his designee may deny permission in his discretion, until he deems it
safe to operate said oversized vehicle.
3-19.3 Penalty. Failure to obtain said approval shall subject the violator to the penalties set
forth in Section 3-9.1
(Ord. No. 2006-19 § 1)
401 Rev. Ord. Supp. 03/2013
CHAPTER IV
GENERAL LICENSING
4-1 HAWKERS, PEDDLERS AND ITINERANT VENDORS.
4-1.1 License Required. It shall be unlawful for any person or persons to engage in, carry
on or conduct the business of hawker, huckster, peddler or itinerant vendor within the limits of the
borough without having first obtained a license from the borough clerk so to do, and having paid
the license fees therefor as hereinafter fixed. (Ord. No. 2013-04 § 1)
4-1.2 Clerk Authorized to Issue License. The borough clerk is hereby authorized to issue
any such license upon payment by the applicant of the proper fee therefor, as hereinafter provided
upon the approval of the Police Chief. (Ord. No. 2013-04 § 2)
4-1.3 Validity. Every such license shall remain in force and be valid only for the time therein
expressed and all licenses issued within any calendar year shall expire by limitation on December
31 of the year in which issued, and shall apply only to the person to whom granted and shall not
be transferable.
4-1.4 Exhibition of License Required. Any person to whom such license is granted as
herein provided shall be required to exhibit the license whenever called upon to do so.
4-1.5 Fees. The license fees are hereby fixed at five hundred ($500.00) dollars per annum,
provided that no rebate from the amount of such fee shall be allowed for a portion of the year.
(Ord. No. 2009-08 § 1)
Each licensee shall furnish a certificate of liability insurance to the municipal clerk as a
condition precedent to obtaining said license providing for liability coverage in the minimum
amount of one hundred thousand ($100,000.00) dollars each person, three hundred thousand
($300,000.00) dollars each accident and property damage insurance in the amount of fifty thousand
($50,000.00) dollars.
4-1.6 Disposition of Fees. The license fees herein mentioned and imposed are for the
purpose of revenue, and all monies received for license fees or fines under this section shall be
paid forthwith to the borough treasurer for the use of the borough.
4-1.7 Prohibition. Notwithstanding any other provisions of this section, it shall be unlawful
for any person to peddle, sell or otherwise market cooked foods, or food requiring any handling or
preparation of any kind, and which are for immediate consumption by the public, such as but not
limited to hamburgers and hot dogs. It shall be unlawful for any person to peddle, sell or otherwise
market non-individually wrapped, sealed, or otherwise packaged food items of any type.
4-2 GENERAL LICENSING
402 Rev. Ord. Supp. 07/2019
4-2 LICENSING OF BEACH VEHICLES.
4-2.1 Rules and Regulations. The following rules and regulations shall be observed with
respect to the licensing and operation of motor vehicles on the strand or ocean beach of this
borough.
4-2.2 Registration Required. Every person desiring to operate a motor vehicle on the strand
or ocean beach of this borough must first register the same with the Chief of Police.
The person registering any such vehicle shall be issued a special plate or other identifying
insignia serially numbered for identification purposes and to be displayed in a conspicuous place
on the vehicle while being operated on the strand or beach. Such registration shall be issued only
to vehicles with four-wheel drive known as “beach buggy” or “jeep.”
The applicant shall pay a registration fee of fifty ($50.00) dollars. (Ord. No. 2004-17 § 1)
Said registration shall be valid only in the calendar year the registration is issued.
(Ord. No. 2012-06 § 1)
4-2.3 Fishing Tournaments. Every person desiring to operate a motor vehicle on the strand
of ocean beach of this borough for the purpose of competing in the annual Long Beach Island
Fishing Club Tournament shall pay a registration fee of five ($5.00) dollars per vehicle to be valid
only during the tournament.
4-2.4 Registration Fee Waived for Disabled Persons. The annual registration fee shall be
waived for any applicant presenting proof of a medically documented disability. The disabled
person registering the vehicle shall be issued a special plate or other identifying insignia for
identification purposes, which shall be displayed in a conspicuous place on the vehicle while
accessing the beach and while it is being operated by the disabled person on the strand or beach.
Any other operator of the registered vehicle shall be subject to the registration fee.
(Ord. No. 2019-07 § 1)
4-2.5 Time Prohibited. No vehicle shall be operated on the strand or beach front between
May 16 and September 30. (Ord. No. 2017-24 § 1)
4-2.6 Speed Limit. No vehicle shall be operated on the strand or beach front at a speed in
excess of fifteen miles per hour.
4-2.7 Driving on Sand. No vehicle shall be operated on the sand dunes and all vehicles shall
obtain access to the beach front from the public streets only at places specifically designated by
the police department.
All such vehicles shall be required to maintain a reasonable distance from congested bathing
beaches or other areas where bathers, surf fisherman or others using the beach are present.
4-2.8 Littering Prohibited. No rubbish, debris or litter of any sort shall be discarded from
any vehicle while being operated on the beach front.
4-2.9 Driving at Night. No vehicle shall be operated on the beach front at night without
adequate lights.
4-2.10 Safety. Every vehicle being operated on the beach shall be operated in a safe,
reasonable and careful manner at all times so as not to endanger the lives and safety of other
persons using the beach front.
4-3 GENERAL LICENSING
403 Rev. Ord. Supp. 05/2021
4-3 BEACH FEES.
4-3.1 Resort Facilities Established. Places of resort are hereby established in the borough
for the public health, recreation and entertainment, including beaches, bathing and recreational
facilities, safeguards and equipment. Such places of resort shall be located at the ocean front at
areas to be designated by the board of commissioners by resolution or by order as safety and
attending circumstances require.
4-3.2 Fees for Use of Beaches. In order to provide the necessary funds to improve, maintain
and police the places of resort in this borough, including the employment of lifeguards and the
purchase of necessary equipment for the protection of bathers, the following fees shall be charged
for the registration of persons using the facilities.
a. No fee shall be charged for any child under the age of 12 years. Any senior citizen over
the age of 65 years shall be charged a seasonal rate of twelve ($12.00) dollars. Any senior
citizen shall furnish proof of age by means of a birth certificate, driver’s license, passport,
or any other officially valid document containing the date of birth. (Ord. No. 2021-12 § 1)
b. No fees shall be charged to or collected from any individual while attired in street clothing
upon the beach.
c. Thirty-five ($35.00) dollars per person per season provided that application is made to the
proper authorities on or before June 15 of the bathing season. (Ord. No. 2020-02 § 1)
d. Forty-five ($45.00) dollars per person per season in the event that application is made to
the proper authority subsequent to June 15 of the bathing season.
(Ord. No. 2021-05 § 1)
e. Twenty ($20.00) dollars per person per week for any week or fractional part thereof of the
bathing season. (Ord. No. 2007-04 § 1)
f. Seven ($7.00) dollars per person per day, or any fractional part thereof, for the bathing
season. (Ord. No. 2019-03 § 1)
g. When available, holiday badges shall be sold at the established pre-season rate plus two
($2.00) dollars for a gift box. (Ord. No. 2016-16 § 1)
4-3.3 Badge Required. No person of the age of 12 years or over shall bathe at or otherwise
use the lands, facilities or privileges of any of the municipal bathing beaches without having first
acquired and then having conspicuously displayed upon his or her person a proper and effective
badge, license or permit to use the beaches.
4-3.4 Badge Fees Waived for Military Personnel. Free daily beach admission shall be
provided to active members of the United States Armed Services and their dependents upon the
presentation of a valid military status identification card to any badge-checker or Borough
personnel. (Ord. No. 2012-06 § 2)
4-3.5 Badge Fees Waived for US Veterans. Free daily beach admission shall be provided to
any person who has served in any of the Armed Forces of the United States and who was
discharged or released therefrom under conditions other than dishonorable and who either has
served at least 90 days in active duty or has been discharged or released from active duty by reason
of a service-incurred injury or disability upon presentation of acceptable proof of discharge to any
badge-checker or Borough personnel. (Ord. No. 2016-04 § 1)
4-4 GENERAL LICENSING
404 Rev. Ord. Supp. 11/2014
4-4 SCRAP METAL, PRECIOUS METAL AND OTHER SECONDHAND GOODS
4-4.1 Purpose and Intent. The purpose and intent of this chapter is to assist law
enforcement officials and victims of crime in recovering scrap metal, stolen precious metals and
other secondhand goods by requiring minimum identification, reporting, maintenance, and
distribution criteria for licensed dealers in these goods.
No person shall use, exercise, or carry on the business, trade, or occupation of the buying,
selling, or pawning of scrap metal, precious metals or other secondhand goods without complying
with the requirements of this chapter in the exact manner described herein.
4-4.2 Definitions
“ACCEPTABLE IDENTIFICATION” means a current valid New Jersey Driver’s License or
Identification Card, a current valid photo driver’s license issued by another US state, a valid United
States Passport, or other verifiable US Government issued identification, which will be recorded
on the receipt retained by the dealer and subsequently forwarded to the local police department on
request.
“DEALER” means any person, partnership, limited liability company, corporation, or other
entity who, either wholly or in part, engages in or operates any of the following trades or
businesses: a scrap metal business involving the buying and/or selling of scrap metal as defined
herein, including itinerant businesses and transient buyers as defined herein; the buying for
purposes of resale of precious metals, jewelry, or other secondhand goods as defined herein;
pawnbrokers as defined herein; itinerant businesses as defined herein. For the purposes of this
ordinance, transient buyers, as defined herein, are subject to the same licensing and reporting
requirements as any other dealers.
“ITINERANT BUSINESS” means a dealer who conducts business intermittently within the
municipality or at varying locations.
“MUNICIPAL CLERK” means the statutory officer whose duties are defined in N.J.S.A.
40A:9-133 and may refer to the duly appointed clerk of the “city,” “town,” “township,” “village,”
or “borough.”
“PAWNBROKER” means any person, partnership, association or corporation: lending money
on deposit or pledge of personal property, other than choses in action, securities, or printed
evidences of indebtedness; purchasing personal property on condition of selling it back at a
stipulated price; or doing business as furniture storage warehousemen and lending money on
goods, wares or merchandise pledged or deposited as collateral security.
“PRECIOUS METALS” means gold, silver, platinum, palladium, and their alloys as defined
in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
“PUBLIC” means individuals and retail sellers, not to include wholesale transactions or
transactions between other merchants.
4-4 GENERAL LICENSING
405 Rev. Ord. Supp. 11/2014
“REPORTABLE TRANSACTION” means every transaction conducted between a dealer and
a member of the public in which precious metals, jewelry, or any other secondhand goods as
defined herein are purchased or pawned.
“SCRAP METAL” means used, discarded, or previously owned items that consist
predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel, or alloys.
“SCRAP METAL BUSINESS” means a commercial establishment, which, as one of its
principal business purposes, purchases scrap metal for purposes of resale or processing including
transient buyers of scrap metal and itinerant businesses, as defined herein.
“SECONDHAND GOODS” means used goods such as antiques, gold, silver, platinum, or
other precious metals, jewelry, coins, gemstones, gift cards, any tools, telephones, typewriters,
word processors, GPS devices, computers, computer hardware and software, television sets,
radios, record or stereo sets, electronic devices, musical instruments, sporting goods, automotive
equipment, collectibles, game cartridges, DVDs, CDs, and other electronically recorded material,
firearms, cameras and camera equipment, video equipment, furniture, clothing, and other valuable
articles. For the purposes of this ordinance, secondhand goods shall not include goods transacted
in the following manner: i) judicial sales or sales by executors or administrators; ii) occasional or
auction sales of household goods sold from private homes; iii) auctions of real estate; iv) the
occasional sale, purchase, or exchange of coins or stamps by a person at his permanent residence
or in any municipally owned building who is engaged in the hobby of collecting coins or stamps
and who does not solicit the sale, purchase, or exchange of such coins or stamps to or from the
general public by billboard, sign, handbill, newspaper, magazine, radio, television, or other form
of printed or electronic advertising.
“SELLER” means a member of the public who sells scrap metal to a dealer or who sells or
pawns used goods such as precious metal, jewelry, or other secondhand goods to a dealer.
“TRANSIENT BUYER” means a dealer or an operator of a scrap metal business, as defined
herein, who has not been in a registered retail business or scrap metal business continuously for at
least six (6) months at any address in the municipality where the dealer is required to register or
who intends to close out or discontinue all retail business within six (6) months.
4-4.3 License Requirement for dealers. No person, partnership, limited liability company,
corporation, or other entity shall engage in the scrap metal business or in the business of buying,
selling, or pawning of precious metals or other secondhand goods, as defined above, within the
jurisdiction of the municipality, without having first obtained a license therefore from the
Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application
for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer,
whether or not he or she is a citizen of the United States, and whether or not he or she has ever
been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s),
and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those
articles or secondhand goods referred to in 4-4.2 above are being bought in any location within the
municipality shall constitute engaging in business as a dealer of secondhand goods for purposes
of this chapter.
4-4 GENERAL LICENSING
406 Rev. Ord. Supp. 11/2014
Advertising in any print or electronic media or by sign regarding the purchase of scrap metal
at any location within the municipality shall constitute engaging in business as a dealer of scrap
metal within the jurisdiction of the municipality for purposes of this chapter.
No person, partnership, limited liability company, corporation or other entity shall place or
cause to be placed any advertisement for purchase of such items, articles or goods without stating
in the advertising the license number issued to a person or entity by the municipality. In any print
advertisement, the license number shall appear in type no smaller than eight point in the lower-
right-hand corner of the advertisement. In any advertisement in electronic media, the license
number shall be visually or audibly stated. Failure to state or indicate the license number shall be
a violation of this chapter and shall be subject to the penalties established in 4-4.9.
4-4.4 Application process for dealers; approval or denial
a. Upon receipt of an application completed pursuant to this chapter, the Municipal Clerk
shall refer such application to the Chief of Police, who shall make an investigation of the
prospective licensee, pursuant to this chapter for the purpose of determining the suitability
of the applicant for licensing. The investigation shall include, but shall not be limited to
the following:
1. The experience of the applicant in the business of purchase and sale of scrap metal and
those articles or goods referred to in 4-4.2 above, although nothing in this section shall
be construed to warrant denial of a license solely on the basis of lack of experience;
2. The reputation of the applicant for fair dealing in the community, which shall be made
among credible sources, which sources shall be disclosed to the applicant in the event
of a denial of any license;
3. Any criminal record of the applicant including any past convictions for any crime(s),
disorderly persons offense(s), or municipal ordinance violation(s) within this or any
other jurisdiction. The Chief of Police may, as part of the application process, require
a fingerprint criminal background check through the Federal Bureau of Investigation,
Criminal Justice Information Services Division, which may require an additional fee
from the applicant.
4. The type of operation contemplated to be conducted by the applicant, particularly
whether the business is to be operated from a fixed location, whether it is to be
conducted from a location primarily devoted to the purchase and sale of scrap metal
and precious metal or other secondhand goods, and other factors bearing on whether
the licensed business will be of a fixed and permanent nature. This section shall not be
construed to require denial of any license solely on the grounds that the business is not
from a fixed location or that the applicant is a transient buyer or itinerant business,
however applicants who fall under the category of a transient buyer or itinerant business
must state with specificity on the license application the business address where
transaction records required by 4-4.6(D) of this chapter will be stored as well as the
location where scrap metal and purchased goods will be retained during the mandatory
inspection period required under 4-4.6(A).
4-4 GENERAL LICENSING
407 Rev. Ord. Supp. 11/2014
b. The Chief of Police shall complete any investigation pursuant to this chapter within thirty
(30) days of the submission of the application to the Municipal Clerk, fully completed by
the applicant. If a criminal record check has been requested within the thirty-day period
and has not been received by the Chief of Police within that period, the Chief of Police
may, if all other factors are satisfactory, recommend a conditional issuance of the license
subject to the finding regarding criminal record.
c. The Chief of Police shall, upon completion of the investigation, recommend “grant” or
“denial” of the license to the Municipal Clerk, who shall grant or deny the license. Any
recommendation of the Chief of Police shall be in writing and, in the case of a
recommendation of denial, shall state fully and specifically the reasons for said
recommendation. If the Municipal Clerk accepts the recommendation of the Chief of Police
to deny any license, the applicant shall be notified in writing within ten (10) days of such
denial and the Clerk shall forward to the applicant a statement of the reason or reasons for
such denial.
d. Grounds for recommending denial of license may include reliable information indicating
that the applicant has in the past engaged in fraudulent or deceptive business practices in a
business identical to or similar to a scrap metal business or a dealer in secondhand goods.
A license may be denied if the investigation reveals a conviction of the applicant or any of
its principal officers or employees of any crime(s), disorderly persons offense(s) in which
deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly
persons offense involving theft or the receiving of stolen goods, regardless of whether the
applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or
any prior municipal ordinance violation(s) by the applicant or any of its principal officers
or employees in this or any other jurisdiction. A license may be denied if the applicant fails
to demonstrate an ability to satisfactorily comply with the electronic reporting requirements
specified in 4-4.5, the retention and inspection requirements of 4-4.6, or any other portion
of this chapter. Upon receipt of the recommendation of the Chief
of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon
the receipt of a bond as required by 4-4.8 of this chapter.
e. Whenever any application for a permit is denied, the applicant shall be entitled to a hearing
before a three-person panel appointed by the Chief of Police, at which time the applicant
shall be permitted to introduce such evidence as may be deemed relevant to such denial.
Any applicant exercising the right to appeal must file a written notice of appeal within ten
(10) days of receiving written notice of denial of a license to act as a scrap metal business
or a dealer of secondhand goods.
f. No license shall be assignable by the dealer.
4-4 GENERAL LICENSING
408 Rev. Ord. Supp. 11/2014
4-4.5 Identification of seller; recordkeeping requirements for dealers
For every reportable transaction between a dealer and the public, the dealer shall be required
to do as follows:
a. Require of each member of the public selling scrap metal and each person selling or
pawning precious metals or other secondhand goods acceptable identification as defined
above in 4-4.2.
b. Require each seller to execute a “Declaration of Ownership,” which shall contain the
following certification: “My signature confirms that I am the sole legal owner of and am
legally authorized to sell the goods being sold. By signing below I certify that I did not
obtain and do not possess the identified goods through unlawful means. I am the full age
of eighteen years and the identification presented is valid and correct.”
c. Record and issue to each person selling or pawning such goods on a sequentially numbered
receipt:
1. the name, address, and telephone number of the purchaser, including the clerk or
employee of the licensee making the purchase;
2. the name, address, date of birth, and telephone number of the seller or sellers;
3. a photographed recording of the seller in a format acceptable to the Chief of Police,
along with a physical description of the seller, including height and weight
(approximate), hair color, eye color, facial hair, if any, etc.;
4. a photographed recording of the seller’s presented acceptable identification, as set forth
in 4-4.2, in a format acceptable by the Chief of Police;
5. a photographed recording of all items sold in a format acceptable by the Chief of Police.
When photographing, all items must be positioned in a manner that makes them readily
and easily identifiable. Items should not be grouped together when photographing or
imaging. Each item should have its own photograph;
6. the receipt number;
7. for precious metals or other secondhand goods a detailed, legible description of the
item(s) and the manufacturer and model of the item(s) if known; in the case of jewelry,
the descriptions must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials, names, monograms,
social security numbers engraved thereon, serial numbers, series numbers, or any other
information, which sets apart the particular object from others of like kind;
8. for scrap metal, a full description of the item(s) purchased, including but not limited
to the manufacturer, type, amount, form, model, any identifying marks, numbers, dates,
sizes, shapes, initials, monograms, and serial numbers;
9. the price paid for the purchase or pawn of the item(s);
10. if precious metals, the net weight in terms of pounds Troy, pennyweight
(Troy) or kilograms/grams; fineness in terms of karats for gold, and sterling or coin for
silver, in accordance with N.J.S.A. 51:5-1, N.J.S.A. 51:6-1 et seq.;
11. for scrap metal, the make, model and license plate of the motor vehicle delivering the
scrap metal;
12. the time and date of the transaction.
4-4 GENERAL LICENSING
409 Rev. Ord. Supp. 11/2014
d. The information outlined in subsection (C) above, must additionally be electronically
documented through the use of an electronic database system authorized by the Chief of
Police. Installation and training in this software will be made mandatory as of the effective
date of this chapter and licensing will be conditional upon compliance with proper use of
the system as described herein. These records shall be subject to the inspection of any
authorized police officer or any sworn law enforcement officer acting in the performance
of their duty as set forth in subsection (F) below. Through the use of applicably required
computer equipment, and using the electronic format approved by the Chief of Police,
every dealer shall enter all reportable transactions into the electronic database by the end
of the close of business on the same date as the purchase or receipt of property for pawn or
consignment. The information entered must contain all pertinent information outlined in
subsection (C) above.
e. In the event of a database failure, or dealer’s computer equipment malfunction, all
transaction information is required to be submitted on paper forms approved by the Chief
of Police within twenty-four (24) hours from the date of purchase. In the event that paper
forms are used, the dealer is responsible to enter all transaction information set forth in
subsection (C) above into the database as soon as possible upon the dealer’s equipment
being repaired or replaced, or the database coming back into service. Failure by the dealer
to properly maintain computer equipment in a reasonable fashion, or failure by the dealer
to replace faulty computer equipment, may result in the dealer being cited for a violation
of this chapter and subsequently being subject to the penalties for doing so including
revocation of the dealer’s license as described in 4-4.6.
f. It shall be the requisite duty of every dealer, and of every person in the dealer’s employ, to
admit to the premises during business hours any member of the police department to
examine any database, book, ledger, or any other record on the premises relating to the
reportable transactions of scrap metal, precious metals or other secondhand goods, as well
as the articles purchased or received and, where necessary, relinquish custody of those
articles as provided in 4-4.6. Itinerant businesses and transient buyers will be responsible
for notifying the Chief of Police of the address where these records and articles will be
stored.
g. For all reportable transactions between a dealer and a member of the public, the dealer may
only accept delivery of scrap metal for purchase by motor vehicle and the license plate of
the motor vehicle must be recorded as provided in subsection (C) above.
h. No scrap metal business shall, except as provided in subsection (I) below, purchase:
1. any metal marked with identification of a telephone, cable, electric, water, other public
utility, or other government entity;
2. any utility access or water meter cover;
3. any street light pole or fixture;
4. any road or bridge guard rail;
5. any highway or street sign, traffic directional or control sign, or light signal;
6. any metal beer keg that is clearly marked as being the property of the beer
manufacturer;
4-4 GENERAL LICENSING
410 Rev. Ord. Supp. 11/2014
7. any historical marker, grave marker, or burial vase;
8. any central air conditioner evaporator coils or condensers or catalytic converters that
are not attached to a vehicle; or
9. any metal bleachers or benches.
i. The provisions of subsection (H) shall not apply to purchases of scrap metal from entities
who manage such metal in the ordinary course of business. These entities include
manufacturing, industrial, government, contractor, individual, or other commercial
vendors or scrap metal businesses that generate or purchase or process scrap metal in the
ordinary course of business.
4-4.6 Retention; suspension and revocation; other restrictions
a. All scrap metal purchased by a dealer in a reportable transaction and all precious metals
and other secondhand goods purchased, received for pawn, or received for consignment as
described above, are to be made available for inspection by the Chief of Police or designee
thereof at the designated business address for a period of at least fifteen (15) calendar days
from the date the transaction information is actually reported to the Chief of Police in the
approved manner described above in 4-4.5. All scrap metal, precious metal or other
secondhand goods subject to inspection must remain in the same condition as when
purchased or received for pawn and shall not be sold, disposed of, changed, modified, or
melted by the dealer until the fifteen-day retention period has expired. Itinerant businesses
and transient buyers will be responsible for notifying the Chief of Police of the location
where the purchased item(s) are being held.
b. Upon probable cause that goods held by a dealer are stolen, and providing that the seller
signed the mandatory statement required by 4-4.5(B) upon the sale of those goods, a law
enforcement officer with jurisdiction should charge the seller with theft by deception under
N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the “victim” of the
offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the
dealer with a receipt, and issue a criminal complaint against the seller for theft by deception
and any other criminal charges for which the officer has probable cause that the seller has
committed. If convicted of theft by deception and if so found by an order of a court of valid
jurisdiction, the seller will be responsible for providing restitution to the dealer under
N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c. If market conditions would create a hardship on the dealer by holding scrap metal, precious
metals or other secondhand goods for such period, the dealer may present the property to
the Chief of Police in order that it may be photographed and, if deemed necessary by the
Chief of Police, an investigation may be implemented. The Chief of Police shall have the
authority to grant the dealer a waiver of the requirement under this section.
d. In addition to all other reporting requirements, every dealer shall maintain for at least five
years, a written record of all purchases of scrap metal, precious metals and other
secondhand goods in the form prescribed in 4-4.5(C).
4-4 GENERAL LICENSING
411 Rev. Ord. Supp. 11/2014
e. No dealer shall purchase any item covered by this chapter from any person under the age
of 18 or in the absence of providing prior notification of such purchase to the Chief of
Police or business designee identifying the individual from whom such purchase is to be
made and the item to be purchased.
f. Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily
suspend for cause any dealer’s license and rights to operate there under. This penalty shall
be in addition to any fines and penalties the dealer may incur pursuant to 4-4.9 of this
chapter.
1. Grounds for suspension. The following shall constitute grounds for suspension:
violation of any provisions of this chapter, including failure to comply with any training
or fees associated with the electronic database software system in use by the
municipality; violation of any other statute, regulation, or local ordinance; or any other
illegal, improper, or fraudulent activity.
2. Procedure for suspension. Upon determination that appropriate grounds exist and that
a suspension is warranted, the Chief of Police or a designee thereof shall issue a written
notice of suspension of license to the offending dealer and to the Municipal Clerk,
which shall set forth the grounds for the suspension and notify the dealer of his or her
right to appeal pursuant to subsection (H). A temporary suspension shall issue
immediately, pending the outcome of any appeal taken. Suspended dealers must
immediately cease all purchasing and/or selling of scrap metal and the engaging in the
business of purchasing for resale, receiving for pawn, and/or selling of precious metals
and/or other secondhand goods in the municipality until reinstatement.
3. Reinstatement. Suspended dealers may be reinstated only when the grounds leading to
the suspension have, in the determination of the Chief of Police or the Chief’s designee,
been cured, corrected, or appropriately rectified; or if reinstatement is deemed
appropriate by the three-person panel appointed by the Chief of Police, upon the timely
filing of an appeal as provided in subsection (H).
h. Revocation. A license issued under this chapter may be revoked by the Municipal Clerk
upon written recommendation from the Chief of Police or the Chief’s designee that the
dealer is no longer qualified, capable or competent to comply with the requirements of this
chapter. This penalty shall be in addition to any fines and penalties the dealer may incur
under 4-4.9.
1. Grounds for revocation. The following shall constitute grounds for revocation: a third
violation under this chapter; a second violation under this chapter less than one year
after an earlier violation under this chapter; conviction for a criminal offense within
this or any jurisdiction; or multiple violations of any other regulations or local
ordinances within this or any jurisdiction.
2. Procedure for revocation. Upon a determination that appropriate grounds exist and that
a revocation is warranted, the Chief of Police of the Chief’s designee shall so report to
the Municipal Clerk in writing. A temporary suspension will immediately and
automatically issue, if one is not already in effect, pending the outcome of the charge.
A three-person panel, appointed by the Chief of Police, shall review the stated grounds
for revocation and the panel shall issue an appropriate disposition of either
4-4 GENERAL LICENSING
412 Rev. Ord. Supp. 11/2014
suspension, revocation, or reinstatement. If the panel determines that revocation is the
appropriate disposition, it shall set forth the grounds for the same in writing in the form
of a notice of revocation, which shall be provided to the dealer. The notice shall advise
the dealer of the right to appeal. If the panel determines that suspension is the
appropriate disposition, it shall provide the dealer with a notice of suspension that shall
advise the dealer of the right to appeal. Following revocation, the dealer must relinquish
his or her license and must immediately and indefinitely cease operating a scrap metal
business or as a dealer of precious metals or other secondhand goods within the
municipality.
h. Appeal. Any applicant wishing to appeal an issuance of a suspension or revocation shall
be entitled to a hearing before a three-person panel, appointed by the Chief of Police, at
which time the applicant shall be permitted to introduce such evidence as may be deemed
relevant to such suspension or revocation. Any applicant exercising the right to appeal must
file a written notice of appeal within ten (10) days of receiving written notice of revocation
or suspension of license.
i. A dealer shall have the right to change the location of the licensed business, provided that
he or she notifies the Municipal Clerk, in writing, of the street address of said new location.
4-4.7 Bond
Each dealer covered under this chapter shall deliver a bond to the Municipal Clerk executed
by the applicant as principal and executed by a surety company authorized to do business under
the laws of the State of New Jersey as surety. The bond shall be subject to review and approval by
the Municipal Attorney, as defined in N.J.S.A. 40A: 9-139, and shall be in the penal sum of
$10,000, conditioned for the due and proper observance of and compliance with the provisions
and requirements of all ordinances of the municipality in force or which may be adopted respecting
the conduct of this business and conditioned also that the bond shall be and remain for the benefit
of any person or persons who shall have received judgment against the dealer licensed under this
chapter, which damage shall be established by a judgment of a court of proper jurisdiction. Said
bond shall contain the following language: “The obligation of this bond shall, in addition to the
[party municipality], be and remain for the benefit of any person who shall obtain a judgment
against obligor as a result of damage sustained in operation pursuant to any license granted under
this chapter.” Said bond shall be kept for a minimum of one year from the date of issuance of
license and must be renewed annually along with the license.
4-4.8 Fees; period of license validity
A nonrefundable fee for initial application and license for an operator of a scrap metal business
or for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under
this chapter, is $300. The annual renewal fee for a license is $250. These fees are separate from
and in addition to any fees the dealer must pay in relation to the mandatory electronic database
system designated by the Chief of Police, as provided by 4-4.5(D) of this chapter. Payments are to
be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period
from the date of its issuance.
4-4 GENERAL LICENSING
413 Rev. Ord. Supp. 11/2014
4-4.9 Violations and penalties
Violation of any provision of this chapter by any dealer shall, upon conviction thereof, be
punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment
or a period of community service not exceeding ninety (90) days in addition to a suspension or
revocation of operating license as provided in 4-4.6(F) and 4-4.6(G) above. Each and every
violation shall be considered a separate violation. Each violation shall result in an additional
suspension period. Any person who is found guilty of violating the provisions of this chapter
within one year of the date of a previous violation and who was fined for the previous violation
may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be
subject to revocation proceedings as provided in 4-4.6(G). The additional fine imposed as a repeat
offender shall not be less than the minimum or exceed the maximum fine provided herein, and
same shall be calculated separately from the fine imposed for the violation of this chapter.
4-4.10 Time limit for conformance; repealer; severability
Any person, partnership, limited liability company, corporation, or other entity engaging in the
scrap metal business or in the business of a pawnbroker, or a dealer in precious metals or other
secondhand goods shall conform to the provisions of this chapter within ninety (90) days following
the effective date of this chapter.
(Ord. No. 2014-17 § 2)
4-5 GENERAL LICENSING
414 Rev. Ord. Supp. 10/2009
4-5 GARAGE SALES, LAWN SALES, ATTIC SALES, RUMMAGE
SALES, FLEA MARKET SALES OR OTHER CASUAL SALES.
4-5.1 Definitions. Words and phrases defined. The following words and phrases as used in
this section shall have the following meanings and definitions:
a. “Garage sales” shall mean and include all sales entitled “garage sale”, “lawn sale”, “attic
sale”, “rummage sale”, or “flea market sale”, or any similar casual sale of tangible personal
property which is advertised by any means whereby the public at large is or can be made
aware of such sale.
b. “Goods” is meant to include any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
c. “Person” shall mean and include individuals, partnerships, voluntary associations, and
corporations.
4-5.2 License Required; Fee; Maximum Number; Display.
a. It shall be unlawful for any person to conduct a garage sale in the Borough of Harvey
Cedars without first filing with the borough clerk the information hereinafter specified and
obtaining from such clerk a license so to do, to be known as a “garage sale license”. The
fee for such license shall be and the same is hereby fixed at five ($5.00) dollars. Such filing
shall be made at least one week prior to the requested sale date.
b. Such license shall be issued to any one person a maximum of two (2) times within a
calendar year and no such license shall be issued for more than two consecutive calendar
days. Charitable and religious and civic organizations may be allowed more than two
licenses with the approval of the Borough Board of Commissioners.
(Ord. No. 2009-03 § 1)
c. Each license issued under this section must be prominently displayed on the premises upon
which the garage sale is conducted throughout the entire period of the licensed sale.
4-5.3 Information to be Filed with Clerk. The information to be filed with the borough
clerk pursuant to this section shall be as follows:
a. Name of person, firm, group, corporation, association or organization conducting the sale;
b. Name of owner of the property on which sale is to be conducted and consent of owner if
applicant is other than owner;
c. Location at which sale is to be conducted;
d. Number of days of sale;
e. Date, nature of any past sale;
4-5 GENERAL LICENSING
415 Rev. Ord. Supp. 10/2009
f. Relationship or connection applicant may have with any other person, firm, group,
organization, association or corporation conducting such sale and the date or dates of such
sale;
g. Whether or not applicant has been issued any other vendor’s license by any local, State or
Federal agency;
h. Sworn statement or affirmation by the person signing that the information therein given is
full and true and known by him to be so.
4-5.4 Hours of Sale. All garage sales must be conducted between the hours of 7:00 a.m. and
6:00 p.m. only. (Ord. No. 2009-03 § 2)
4-5.5 Sign Regulations. No sign for the advertisement of the sale shall be posted or erected
any earlier than one week prior to sale and all signs shall be removed within 24 hours after the
completion of the sale. (Ord. No. 2009-03 § 3)
4-5.6 Exceptions. The provisions of this section shall not apply to or affect the following
persons or sales:
a. Persons selling goods, pursuant to an order or process of a court of competent jurisdiction;
b. Persons acting in accordance with their powers and duties as public officials;
c. Any person selling or advertising for sale an item or items of personal property which are
specifically named or described in the advertisement and which separate items do not
exceed five in number.
d. Any publisher of a newspaper, magazine or other publication or other communication
media who publishes or broadcasts in good faith without knowledge of its false, deceptive
or misleading character or without knowledge that the provisions of this section have not
been complied with;
e. Any sale conducted by any merchant or mercantile or other business establishment from
or at a place of business wherein such sale would be permitted by the zoning regulations
of the Borough of Harvey Cedars or under the protection of the nonconforming use section
thereof or any other sale conducted by a manufacturer, dealer or vendor and which sale
would be conducted from properly zoned premises and not otherwise prohibited by the
revised ordinances.
4-5 GENERAL LICENSING
416 Rev. Ord. Supp. 09/80
4-5.7 Regulations for Bedding and Refrigerators.
a. It shall be unlawful for any person to offer for sale mattresses, bedsprings, cots, lounges
and sofas in any garage sales authorized under this section without first complying with
the appropriate section of N.J.S.A. 26:10-1 through 26:10-18 with respect to the labeling,
sterilizing and disinfecting of the mattresses, bedsprings, cots, lounges and sofas.
b. No refrigerator or icebox having a capacity of one and one-half cubic feet or more, with an
attached lid or door which may be opened and fastened shut by means of an attached latch,
lock or other similar device, shall be displayed, offered for sale or sold at a garage sale
unless the attached lid or door shall first be removed and detached therefrom.
4-5.8 Waive Requirements for Certain Organizations. Upon application by any bona fide
charitable, eleemosynary, educational, cultural or governmental institution or organization, the
mayor and board of commissioners may waive any or all of the requirements of this section;
provided, however, that the burden of establishing eligibility for waiver shall be on the
organization or institution applying for such waiver.
4-5.9 Enforcement: Maintain Good Order and Decorum. This section shall be enforced
by the police department. It shall be the duty of members of the police department to investigate
any violations of this section coming to their attention, whether by complaint or arising from their
own personal knowledge, and if a violation is found to exist, they shall prosecute a complaint
before the local municipal court pursuant to the provisions of this section. It shall be the duty of
the police department of the Borough of Harvey Cedars to bring to the attention of the mayor and
board of commissioners for further investigation and violations of this section of which the police
department becomes aware during the course of its normal duties.
The person to whom such license is issued and the owner or tenant of the premises on which
such sale or activity is conducted shall be jointly and severally responsible for the maintenance of
good order and decorum on the premises during all hours of such sale or activity. No such person
shall permit any loud or boisterous conduct on such premises nor permit vehicles to impede the
passage of such traffic on any roads or streets in the area of such premises. All such persons shall
obey the reasonable orders of any member of the police or fire departments of the Borough of
Harvey Cedars in order to maintain the public health, safety and welfare.
4-5.10 Violation and Penalty. Any person, association or corporation conducting any such
sale or similar activity without being properly licensed therefor or who shall violate any of the
other terms and regulations of this section shall upon conviction be subject to a fine of not more
than five hundred ($500.00) dollars or to imprisonment for not more than 30 days or to both such
fine or imprisonment. Each day that such sale shall continue without being duly licensed shall be
considered a separate violation.
4-6 GENERAL LICENSING
417 Rev. Ord. Supp. 03/2013
4-6 LICENSING OF VESSELS ON MUNICIPALLY OWNED BAYFRONT
PROPERTIES.
4-6.1 Rules and Regulations. The following rules and regulations shall be observed with
respect to the licensing of vessels beached on municipally owned bayfront properties.
4-6.2 Registration Required. Every person desiring to beach a vessel on any municipally
owned bayfront property shall first apply for a permit from the Chief of Police.
The person applying for such permit shall be issued a special identification insignia serially
numbered for identification purposes, which shall be displayed on a conspicuous place on the
vessel while said vessel is beached. Such permit shall be issued to non-motorized vessels only.
(Ord. No. 2013-04 § 3)
4-6.3 Permit Information. An individual applying for said permit shall provide the Chief
of Police with his or her address and telephone number, whether it be local or otherwise, and shall
keep the Chief of Police informed of any changes therein during the permit period. (Ord. No. 2013-
04 § 3)
4-6.4 Damage to Property. Any such vessel as previously described shall be properly
secured at all times so as to prevent damage to municipal property and/or private property. Any
damage caused by a beached vessel shall be the responsibility of the owner and permittee of said
vessel.
Any person applying for said permit agrees to hold the borough harmless for any damages or
injuries to himself or his vessel. The permitee also agrees to hold harmless and indemnify the
borough for any injuries or damages to third parties.
4-6.5 Fees. The applicant shall pay a registration fee of $0 to $500 as determined and adopted
annually by resolution of the Governing Body. Said permit and fee shall be valid from May 15
through October 1. (Ord. No. 2013-04 § 4)
4-6.6 Time Prohibited. No vessel shall be beached or stored on municipal property from
October 2 through May 14.
4-6.7 Fines. Any person violating any subsection of this section shall be subject to a fine not
exceeding five hundred ($500.00) dollars.
4-6.8 Removal of Vessels. The borough retains the right to direct the removal of any vessel
so permitted from its lands upon 24 hours notice for a period of time not to exceed ten days.
4-7 GENERAL LICENSING
418 Rev. Ord. Supp. 08/2019
4-7 ACTIVITY COMMITTEE FEES.
The following activity committee fees shall constitute the range of fees for the activities
specified below:
Event space rental $ 35.00 to $250.00 (Ord. No. 2011-10 § 1)
Table/chair rentals $ 5.00 to $ 15.00
Decals $ 1.00 to $ 10.00
Neon Necklaces $ 1.00 to $ 10.00
Books $ 5.00 to $ 25.00 (Ord. No. 2015-07 § 1)
Posters $ 1.00 to $ 10.00
Advertising $200.00 to $400.00 (Ord. No. 2006-16 § 1)
Plants $ 5.00 to $ 25.00
Event Admission Ticket $ 1.00 to $ 25.00 (Ord. No. 2011-10 § 1)
Event Entry Fee $ 1.00 to $ 5.00 (Ord. No. 2011-10 § 1)
Shirts, tank tops $ 3.00 to $ 35.00 (Ord. No. 2011-10 § 1)
Sweatshirts / jackets $ 15.00 to $ 50.00 (Ord. No. 2015-07 § 1)
Hats $ 5.00 to $ 20.00 (Ord. No. 2004-12 § 2)
Pony Rides $ 1.00 to $ 10.00 (Ord. No. 2004-12 § 2)
Magnets $ 1.00 to $ 10.00 (Ord. No. 2006-16 § 1)
Flags & Accessories $ 1.00 to $ 50.00 (Ord. No. 2019-10 § 1)
Bags / totes $ 7.00 to $ 15.00 (Ord. No. 2007-12 § 1)
Towels $ 10.00 to $ 25.00 (Ord. No. 2007-12 § 1)
Patches $ 2.00 to $ 10.00 (Ord. No. 2007-12 § 1)
Refreshments $ 0.25 to $ 10.00 (Ord. No. 2010-15 § 1)
Keychains $ 1.00 to $ 10.00 (Ord. No. 2011-10 § 1)
Pins $ 1.00 to $ 10.00 (Ord. No. 2014-09 § 1)
Memorial Benches $ 0.00 to $900.00 (Ord. No. 2015-07 § 1)
Promotional Items $ 0.25 to $ 50.00 (Ord. No. 2019-10 § 2)
4-8 GENERAL LICENSING
419 Rev. Ord. Supp. 02/2020
4-8 FEES.
4-8.1 Fees Established. The following fees shall be charged:
a. Outdated beach badges $1.00
(Ord. No. 2020-02 § 2)
b. Certified list of property owners $10.00 per lot
c. Returned check fee $20.00
d. Stop payment on check fee $20.00
e. Bid specification fees $10.00 - $100.00
(Ord. No. 2009-03 § 4)
f. Duplicate tax bill fee $1.00
g. Copies.
1. There is hereby established a fee for furnishing photocopies of any record or other
document kept in the normal course of business and except as hereinafter provided at
the following rates:
i. The fee for letter size page or smaller shall be $0.05 per page.
ii. The fee for legal size page or larger shall be $0.07 per page. If the page exceeds
the legal size page then the Borough may charge its actual costs exceeding the $0.07
per page. If that be the case the actual cost for duplicating the record shall be the
cost of materials and supplies used to make a copy of the record but shall not include
the cost of labor or other overhead expenses associated with making said copy
except as provided in subsection b of this Ordinance.
2. A special service charge may be imposed if the printed matter cannot be copied by
ordinary document copying equipment in ordinary business size or involves an
extraordinary expenditure of time and effort to accommodate the request. The Borough
shall charge a special service charge in addition to the actual duplicating of the record
which shall be reasonable and shall be based upon the actual direct costs of providing
the copy or copies. The Borough shall establish rates for duplication of particular
records when the actual cost of copying exceeds the foregoing rates which shall be
established in advance by Ordinance. The requester shall have the opportunity to
review the rates with the Clerk and object to the charge prior to being incurred.
3. Requesters shall have the right to copy documents in mediums other than those used
by the Borough of Harvey Cedars to maintain the records. If a request involves a
request for a record involving the following, the agency may charge a special charge
that is reasonable and based on the cost of extensive use of information technology,
4-8 GENERAL LICENSING
420 Rev. Ord. Supp. 05/2021
or for labor cost of personnel providing the service that is actually incurred by the
agency or attributable to the agency for programming, clerical, and supervisory
assistance, or both, provided:
i. A request for a medium not routinely used by the Borough.
ii. A request that is not routinely developed or maintained by the Borough.
iii. A request that requires a substantial amount of manipulation or programming of
information technology.
4. Individuals requesting duplicate cassettes of Borough recorded information shall pay a
fee of $195 dollars per hour for cassette conversion.
5. Access to electronic records in non-printed material shall be provided free of charge,
but the Borough shall charge for the actual costs of any needed supplies for said
purposes. Computer discs shall be charged at the rate of $3 dollars per disc.
(Ord. No. 2010-15 § 2)
h. Duplicate tax sale certificate fee $100.00
i. Street openings $150.00
j. Certified copy $5.00
k. Flood map determination fee $3.00
l. Tennis court fee $10.00 per hour
m. Pickleball court fee
1. Harvey Cedars non-senior beach badge required per person to play
2. A $10.00 fee shall be collected to reserve 1 court on Fridays, Saturdays, and Sundays
for a maximum of 2 hours
(Ord. No. 2021-12 § 2)
n. Public property obstruction
removal fee $20.00 - $50.00
o. Set of property address labels $35.00
p. Facsimile machine usage $4.00 for the first page
$1.00 per page for all additional pages
(Ord. No. 2010-15 § 2)
q. Lifeguard in Training Program Fee $250.00 - $500.00 per session
(Ord. No. 2021-05 § 2)
r. Re-Entry Placard $50.00 per placard upon proof of residency
(Ord. No. 2010-15 § 2)
4-8 GENERAL LICENSING
421 Rev. Ord. Supp. 08/2019
s. Public property clean-up deposit $50.00 - $200.00
Upon approval of a facility use request, a refundable
deposit may be required at the discretion of the Board
of Commissioners for clean-up purposes. Said
deposit shall be refunded upon inspection of the
facility. Deposits shall be dependent on the size and
nature of the event.
(Ord. No. 2010-15 § 2)
t. Copies other than public records $.50 per page for first 10 pages
$.25 per page for all additional pages
(Ord. No. 2010-21 § 1)
u. Motor Vehicle Accident Reports.
Every citizen shall have the right, during regular
business hours and under supervision, to inspect and
copy accident reports and shall also have the right in
person to purchase copies of the accident report for
the fee as set forth in subsection g. above.
If copies of reports are requested other than in
person, an additional fee of $5.00 shall be added to
the copy fees as set forth in subsection g. above.
(Ord. No. 2012-01 § 1)
v. Approved Public Facility Usage
Advertisements on Borough
Website Calendar $10.00 per posting per day
(Ord. No. 2019-01 § 3)
4-9 GENERAL LICENSING
422 Rev. Ord. Supp. 03/2013
4-9 MUNICIPAL PROPERTY USAGE PERMITS AND FEES.
4-9.1 Permit Required. No person or group shall be permitted to conduct any private,
commercial, or non-profit event or conduct any type of business upon municipal owned property
without first obtaining a permit. Permits shall be obtained by applying to the Governing Body in
accordance with the application form and instructions on file in the office of the Borough Clerk.
The application shall contain no less than the following information:
a. The name and address of the applicant.
b. The name and address of the person, persons, corporation or associations sponsoring the
activity, if any.
c. The day and hours for which the permit is desired.
d. The specific location of municipal property or portion thereof for which such permit is
desired.
e. Any other information which the Governing Body shall find reasonably necessary for a fair
determination as to whether a permit should be issued.
4-9.2 Permit Provisions.
a. The permittee shall be bound by all applicable ordinances fully as though the same were
inserted in said permits.
b. The person or persons to whom the permit is issued shall be liable for all loss, damage, or
injury sustained by any person whatever by reason of the negligence of the person or
persons to whom such permit shall have been issued. The Governing Body shall have the
right to require any permittee to submit evidence of liability insurance covering injuries to
members of the general public arising out of such permitted activities in such amounts as
may be from time to time determined by the commission prior to the commencement of
any activity or issuance of any permit.
c. The Governing Body or Chief of Police shall have the authority to revoke a permit upon a
finding of violation of any rule or ordinance, or upon good cause shown.
4-9.3 Fee for Permit. All approved permits shall be charged a fee of $0 to $500 as more
specifically established and adopted annually by resolution of the Governing Body and available
in the office of the Borough Clerk. In addition to any fee, any permits issued are subject to
refundable deposits.
4-9.4 Fines. Any person or persons violating any subsection of this section shall be subject
to a fine not exceeding five hundred ($500.00) dollars.
(Ord. No. 2013-04 § 5)
501
CHAPTER V
ALCOHOLIC BEVERAGE CONTROL
5-1 PURPOSE.
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the
Borough of Harvey Cedars in accordance with the provisions of an act of the Legislature of the
State of New Jersey entitled An Act Concerning Alcoholic Beverages comprising Chapter 436 of
the Laws of 1933, its supplements and amendments, and also comprising N.J.R.S. 33:1-1 et seq.,
and in accordance with the rules and regulations of the State Director of Alcoholic Beverage
Control.
5-2 ALCOHOLIC BEVERAGE CONTROL
502
5-2 DEFINITIONS.
For the purpose of this chapter, words and phrases herein shall have the same meanings as in
R.S. 33:1-1 et seq., and the rules and regulations of the Director of the Division of Alcoholic
Beverage Control.
5-3 ALCOHOLIC BEVERAGE CONTROL
503 Rev. Ord. Supp. 12/2008
5-3 LICENSES.
5-3.1 Laws Applicable. All applications for licenses, all licenses issued and all
proceedings under this chapter shall be in accordance with the act, rules and regulations referred
to in section 5-1 and all other applicable laws of the State of New Jersey or the United States.
5-3.2 Issuing Authority. All licenses required by this chapter shall be issued by the mayor
and borough council, which shall also administer the provisions of this chapter.
5-3.3 License Required. No person shall sell or distribute alcoholic beverages within the
borough without obtaining a license in accordance with the act referred to in section 5-1 and the
provisions of this chapter.
5-3.4 License Fees; Maximum Number. The annual fees and maximum number of
licenses for the sale or distribution of alcoholic beverages in the borough shall be as follows:
Annual Number of
Class of License License Licenses
Plenary Retail $2,500.00 1
Consumption License
(Ord. No. 2007-02 § 1)
Plenary Retail $2,150.00 1
Distribution License
(Ord. No. 2008-01 § 1)
Club License $188.00 1
(Ord. No. 2005-09 § 1)
Fees shall be due and payable to the Borough by June 10
th
of every year.
(Ord. No. 2004-03 § 1)
The provisions of this subsection with respect to the limitation on the number of licenses
shall not apply to the renewal or transfer of licenses presently issued.
5-4 ALCOHOLIC BEVERAGE CONTROL
504
5-4 REGULATIONS OF LICENSES
5-4.1 Hours of Sale. No alcoholic beverages shall be sold, served or delivered to or
consumed in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m.
except New Year’s Day each year as hereinbefore provided.
5-4.2 New Year’s Day. Provisions of subsection 5-4.1 shall not apply on January 1. On
that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed
premises between the hours of 4:00 a.m. and 7:00 a.m.
5-4.3 Sales to Certain Persons. No licensee or employee of a licensee shall sell, serve or
deliver, directly or indirectly, any alcoholic beverages to any habitual drunkard, intoxicated
person or minor, nor permit the consumption of alcoholic beverages on any licensed premises by
any of the above named classes or persons, or permit any such persons to congregate in or about
the licensed premises.
5-5 ALCOHOLIC BEVERAGE CONTROL
505
5-5 MINORS.
No licensee shall sell or serve any alcoholic beverage to any person under the age of 21
years, except as provided by State Statute.
5-6 ALCOHOLIC BEVERAGE CONTROL
506
5-6 REVOCATION OF LICENSES.
Any license issued under this chapter may be suspended or revoked for violation of any of
the provisions of this chapter or any provision of any applicable statute or any of the rules or
regulations of the State Director of Alcoholic Beverage Control.
Proceedings for suspension of revocation shall be in accordance with the provisions of R.S.
33:1-3 by service of a five day notice of charges preferred against the licensee and affording a
reasonable opportunity for hearing.
Suspension or revocation of a license shall be in addition to any other penalty which may be
imposed for a violation of this chapter.
601 Rev. Ord. Supp. 06/2018
CHAPTER VI
ANIMALS
6-1 DEFINITIONS.
As used in this chapter, the following terms shall have the meanings
indicated.
Animal Control Agency means any agency or person, including an Animal Control Officer,
authorized by law to implement animal control laws and provide animal care and control on behalf
of the Borough.
Animal Welfare Organization means any charitable organization whose purpose includes
the promotion of animal welfare and that has been granted 501(c)(3) nonprofit status by the
Internal Revenue Service.
Caretaker means any person who regularly provides food and water to a feral cat colony.
Eartip or Ear-marked means a method of identifying a feral or stray cat by a notched or
tipped left ear as performed by a licensed veterinarian.
Feral cat means a cat that is not socialized to humans and is not an owned cat.
Feral cat colony means a group of feral or stray cats that congregate, more or less, together
as a unit and share a common food source.
Foster home means a household in which a cat or kitten is temporarily placed for the
purpose of providing indoor shelter, care and, if necessary, socialization before permanent
placement in an adoptive home.
Fowl means any chicken, hen, turkey, goose, duck, emu, ostrich, or any other fowl or
poultry customarily found on a farm, and pigeons.
(Ord. No. 2018-08 § 1)
Livestock means any animal customarily found on a farm or typically raised for use and
sale, including, but not limited to swine, pigs, hogs, sheep, bull, cow, calf, heifer, llama, goat,
horse, or pony.
(Ord. No. 2018-08 § 1)
Nuisance means conduct by any animal that disturbs the peace, including habitually or
continually howling, barking, crowing or making loud noises, and habitually and significantly
destroying property.
(Ord. No. 2018-08 § 2)
Owned cat means a cat that is a companion to a person, is regularly fed and sheltered in
the same person’s habitation and carries visible indicia of ownership, such as a collar or tag.
Shelter means a structure that provides feral and stray cats with protection from cold, rain
and other weather-related elements.
6-1 ANIMALS
602 Rev. Ord. Supp. 06/2017
Sponsor means any Animal Welfare Organization that agrees to comply with the
requirements of sponsorship set forth in this chapter.
Stray cat means a cat that is socialized to humans and is not an owned cat.
TNR means the method of managing feral and stray cats known as “trap-neuter-return”.
TNR Program means a program pursuant to which feral and stray cats are trapped,
sterilized, vaccinated against rabies, eartipped, returned to the location where they were captured
and provided with long-term care by a Caretaker in accordance with this chapter.
(Ord. No. 2017-13 § 1&2)
6-2 ANIMALS
603 Rev. Ord. Supp. 06/2017
6-2 DOGS.
6-2.1 Running at Large - Prohibited. No person owning, keeping or harboring any dog
shall suffer or permit it to run at large upon the public streets, or in any other public park, or in any
public building or in any other public place within the borough.
6-2.2 Running Dogs on Beach. No person owning, keeping or harboring any dog shall
permit it on leash, or otherwise, to run upon the beach bordering the Atlantic Ocean between May
30 and September 15 of each year.
6-2.3 Animal Control Officer Appointed. The board of commissioners shall have power
to appoint an agency or one or more persons to be the Animal Control Officer who may seize and
impound dogs running at large in violation of the provisions of this chapter.
No person shall hinder, molest or interfere with anyone authorized to perform any duty under
this chapter, and anyone so authorized may go on any premises in pursuit of any dog running at
large, except upon the premises of the owner of a dog if the owner is present and forbids same.
6-2.4 Dog Licensing Fees. All dogs kept or maintained by their owners in the borough
shall be licensed and registered if over seven months of age.
Dog licenses shall be issued by the borough clerk in accordance with State statutes and upon
payment of the following fees for each dog:
Municipal License Fee $6.80
NJ Registration Fee $1.00
NJ Pilot Clinic Fund $ .20
NJ Pet Population Control $3.00 (non-spayed/non-neutered only)
6-2.5 Seeing Eye Dogs; Exception. The provisions of this section shall not apply to “seeing-
eye” dogs properly trained to assist blind persons when such dogs are actually being used by blind
persons for the purpose of aiding them in going from place to place.
6-2.6 Expiration of License. The license and registration tag provided for in subsection 6-
2.4 hereof expires on December 31 in each year. The fee for the renewals thereof shall be the same
as for the original license and tag.
6-2.7 Newly Acquired Dogs. Any person who shall bring or cause to be brought into this
borough any unlicensed dog and shall keep the same or permit the same to be kept within this
borough for a period of more than ten days shall immediately apply for a license and registration
tag for each such dog in accordance with subsection 6-2.4 hereof.
(Ord. No. 2017-13 § 3)
6-3 ANIMALS
604 Rev. Ord. Supp. 05/2021
6-3 CONTROL OF DOGS
6-3.1 Defecation on Property of Others, or Public Property.
a. No person owning, harboring, keeping, walking, or in charge of any dog shall cause, permit
or allow such dog to soil, defile, defecate on or commit any nuisance on any common
thoroughfare, street, sidewalk, passageway, road, play area, park, or any place where
people congregate or walk, or upon any beaches or beach fronts, or upon any private
property without the permission of the owner of private property.
b. It shall be a complete defense to violations of paragraph a. of this subsection that a person
shall have immediately removed such defecation and disposed of it in a sanitary manner.
c. Disposition in a sanitary manner shall include taking the feces home for disposition, or
wrapping the feces in a waterproof wrapping and placing it in the dog owner’s home trash
can or a municipal can. It shall not include burial or placement in a storm sewer.
(Ord. No. 2021-10 § 1)
d. No persons shall permit the accumulation of animal feces upon his property or property
occupied by him to the extent that the odor may be noticeable to any adjoining property
owner.
e. The provisions of this section shall not apply to blind persons who may use dogs as guides.
6-3.2 Violation; Penalty.
a. For violation of any provision of this section, the penalty upon conviction, shall be a fine
of fifty ($50.00) dollars for each and every subsequent violation.
b. Except as otherwise provided, every day in which a violation of any provision of this
section exists shall constitute a separate violation.
(Ord. No. 2017-13 § 4)
6-4 ANIMALS
605 Rev. Ord. Supp. 06/2018
6-4 FERAL CATS.
6-4.1 TNR Program Established. The Borough has an obligation to effectively and
humanely control feral cat populations within its borders. Therefore, a Trap-Neuter-Return
(“TNR”) program is hereby created for the purpose of reducing the population of feral cats, which
shall benefit and protect the public health, welfare, and safety, and for the further purpose of the
humane treatment of feral cats.
6-4.2 Feral Cat Colonies. A TNR Program shall be permitted and Caretakers shall be
entitled to maintain feral cat colonies in accordance with the terms and conditions of this section.
6-4.3 Sponsorship of TNR Program. Friends of Southern Ocean County Animal Shelter
Inc. agrees to comply with the requirements of this chapter and shall act as a Sponsor of the TNR
Program, and shall provide the Borough with a written letter of intention containing its address,
telephone number and electronic mailing address. The Borough may authorize additional Animal
Welfare Organizations as sponsorship entities as it deems appropriate by resolution of the Board
of Commissioners.
6-4.4 Sponsor Requirements. It shall be the duty of a Sponsor to:
a. Make reasonable efforts to maintain records provided by Caretakers on the size and
location of colonies, as well as records of cats in the colonies.
b. Help to resolve any complaints over cats belonging to registered colonies.
6-4.5 Caretaker Requirements. It shall be the responsibility of a Caretaker to:
a. Make reasonable efforts to work with the Sponsor to trap all cats in a colony and have
all trapped cats sterilized, vaccinated against rabies, microchipped and eartipped by a
licensed veterinarian.
b. Provide or arrange for the provision of adequate food and water on a regular basis and
make reasonable efforts to ensure adequate shelter for colony cats.
c. In the event kittens are born to a colony cat, the caregiver shall take reasonable steps
likely to result in the removal of kittens from the colony after they have been weaned,
and the placement of the kittens in homes or foster homes for the purpose of subsequent
permanent placement.
d. Make reasonable efforts to work with the Sponsor to resolve any complaints over
colony cats managed by the Caretaker.
e. Obtain proper medical attention to any colony cat that appears to require it.
6-4.6 Disposition of Colony Cats. An Animal Control Service that has trapped or
received an eartipped cat from within the Borough can immediately return that cat to the
Sponsor or Caregiver Colony versus impounding the cat at the shelter.
(Ord. No. 2017-13 § 5)
6-5 ANIMALS
606 Rev. Ord. Supp. 06/2018
6-5 LIVESTOCK AND FOWL.
It shall be unlawful for any person, firm or corporation to keep, stable, breed or quarter
livestock or fowl within the corporate limits of the Borough of Harvey Cedars.
This prohibition shall not include the keeping of cats, dogs or other domestic animals
within the limits of the Borough as permitted by any other section of this chapter.
(Ord. No. 2018-08 § 3)
701 Rev. Ord. Supp. 10/2009
CHAPTER VII
SEWER AND WATER
7-1 ESTABLISHMENT AND DEFINITIONS.
There is hereby established a Water and Sewer Utility Department within the Borough of Harvey
Cedars for the operation of water and sewer services and the charging of rates and establishing
rules and regulations governing the providing of water and sewer service in the Borough of Harvey
Cedars.
7-1.1 Definitions.
Commercial user shall include, but not be limited to, the following: motel, hotel, rooming
house, lodging house, restaurant, tavern, soda fountain, governmental unit or agency, professional
office, marina, boat yard, school, house of worship, or other nonprofit organization, hospital,
nursing home, rest or convalescent home, and Laundromat.
Family or dwelling unit is hereby defined as a detached residence designed for or occupied by
one (1) family only, or in the case of a commercial structure, designed for or occupied by one (1)
commercial establishment. In the event a structure contains more than one single housekeeping
unit or commercial establishment, the rates herein provided shall be determined by multiplying the
number of such units by the minimum or base rate.
Major renovation shall mean any repair, reconstruction, rehabilitation addition, or other
improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the assessed
value of the structure either before the improvement is started or if the structure has been damaged
and is being restored before the damage occurred. Substantial improvement is commenced when
the first alteration of any structural part of the building is begun.
(Ord. No. 2009-09 § 1)
7-2 SEWER AND WATER
702 Rev. Ord. Supp. 01/2017
7-2 WATER SERVICE.
7-2.1 New Connections. Prior to any connection of any property to the borough water system,
there shall be paid a water connection fee of seven hundred ($700.00) dollars payable to
the borough at the time of application. All water taps made and services installed must be
metered.
7-2.2 Meter Connections and Fees. Each residential and commercial service within the
borough shall have installed by the Public Works Department a water meter. The cost of
the water meter shall be charged to the property owner in accordance with the size of the
water service at the property as follows:
¾” line $275.00
1” line $375.00
1 ½” line $675.00
2” line $2,500.00 (Ord. No. 2016-18 § 1)
Meters may be purchased and installed by the property owner in accordance with and
authority of the Public Works Department and its policies and procedures.
7-2.3 Installation and Repairs of Meter Pits. Each residential and commercial service shall
have a meter pit installed in the borough right-of-way or easement at the property owner’s
expense.
If a property has a meter pit which is not located as required above and is in good condition,
the property may use the pit as located, but shall relocate the meter in conformance with
this ordinance upon sale of the property.
If the property owner fails to comply with the installation or repair of their water meter pit,
it shall be the duty of the Department of Public Works to arrange for installation or repair
of said meter pit, which may include the hiring of an outside contractor at prevailing wage.
All costs incurred for said services and materials shall be charged to the homeowner and
shall be collected and enforced by the Borough according to law.
In addition to the abovementioned costs, an administrative fee of $500.00 shall be charged
to the homeowner and shall be collected and enforced according to law.
7-2.4 Water Rate Schedule.
A. Residential and Commercial Customers. All residential, commercial, industrial,
institutional and governmental users shall be charged a base rate per dwelling unit and
on gallons used. The maximum dwelling units per property shall be fixed at three (3).
(Ord. No. 2016-18 § 2)
1. Quarterly base rate of eighty ($80.00) dollars per dwelling unit (Ord. No. 2013-07 § 1)
2. Rate schedule (based on gallons used per meter): (Ord. No. 2016-18 § 3)
Gallons Used Rate Per Thousand (1,000) Gallons
0 – 14,000 $ 1.40
14,001 – 25,000 $ 1.55
25,001 – 50,000 $ 3.05
50,001 – 150,000 $ 4.50
150,001 – 300,000 $ 6.60
Over 300,000 $ 7.70
7-2 SEWER AND WATER
703 Rev. Ord. Supp. 10/2020
B. Service Charges.
1. A service charge of fifty ($50.00) dollars shall be made each time the water is
turned on, and a like charge when the water is turned off for nonpayment of
bills, carelessness, leaks, or to repair a meter box or curb stop.
2. In the event the Public Works Department is called upon to turn off or turn on
water service to any property after 3:30 p.m. and prior to 7:00 a.m. between
Monday through Friday, or on Saturday, Sunday or holiday, there shall be a
service charge of two hundred ($200.00) dollars. (Ord. No. 2020-04 § 1)
3. Final meter readings for property resale, or any other purpose, shall be
processed in a timely manner at no charge. After the initial final read, any
repeated requests for the same property shall have a service charge of fifty
($50.00) dollars per request included in the final read bill.
4. Requests for bulk water purchase from the Borough for commercial or other
reasons shall be billed a flat service fee of two hundred fifty ($250.00) dollars
plus the water charge based on gallons used per the rate schedule in paragraph
A of this section. Bulk purchases are prohibited in the months of June, July and
August. (Ord. No. 2020-14 § 2)
C. During the year 2009, a flat rate of one hundred fifty ($150.00) dollars per quarter for
two (2) consecutive quarters shall be charged to each property meter, which shall
represent the base flat rate for water usage for the period of January 1, 2009 through
May 30, 2009. Said quarterly rate shall be billed and due with regular quarterly bills.
7-2.5 Property Owner Responsibility.
A. Frozen Pipes. Any property owner, tenant or other person in charge of any property
who permits water pipes to freeze and thereby causes a loss of water shall be liable to
the borough for all loss of water at the rates fixed by this section.
B. Curb Boxes, Meters and Meter Pits. All curb boxes, meters and meter pits are and shall
remain the property of the borough and shall not be tampered with. It is the property
owner’s responsibility to keep meter pits and curb boxes in good condition and up to
grade. The property owner shall be charged for all expenses incurred by the borough
for any repair.
C. Tampering. No person, other than an employee or agent of the Borough of Harvey
Cedars Water and Sewer Utility Department, shall remove, replace or, in any manner,
interfere or tamper with a meter attached to a water pipe used or intended to be used to
supply water. Any plumbing configuration intended to bypass the meter is prohibited
and shall be considered theft of service, as well as a violation of this section.
7-2.6 Prohibited water uses. No municipal water shall be used for the pumping of piling or
other construction except when circumstances would render the installation of piling impossible
and in that event, the property owner may apply to the board of commissioners or its designee for
relief from this prohibition. Any relief granted hereunder shall be at the sole discretion of the
board of commissioners or its designee and shall be metered and billed per gallon usage as per the
water rate schedule set hereinabove.
7-2.7 Violations and Penalties. Each person violating any of the provisions of this section shall,
upon conviction thereof, be liable to the penalty stated in Chapter III, section 3-9.
(Ord. No. 2009-09 § 2)
7-3 SEWER AND WATER
704
7-3 DETERMINATION THAT THE BOROUGH SHALL JOIN OCEAN
COUNTY SEWERAGE AUTHORITY.
7-3.1 Purpose. It is determined by this governing body that it is in the best interest of the
borough to become part of the district of the Ocean County Sewerage Authority established
pursuant to the provisions of Chapter 14A of Title 40 of the New Jersey Statutes as an aid in
obtaining relief from pollution or threatened pollution of waters in or bordering the State of New
Jersey from causes arising within the County of Ocean and consequent conditions affecting the
public health.
7-3.2 Borough to Join Sewerage Authority. A certified copy of this section together with
a certified copy of a resolution of Ocean County Sewerage Authority approving this section, shall
be filed in the office of the Secretary of State.
7-4 SEWER AND WATER
705
7-4 OCEAN COUNTY SEWERAGE AUTHORITY.
7-4.1 Creation of the Sewerage Authority. Pursuant to the Sewerage Authorities Laws,
constituting Chapter 138 of the Pamphlet Laws of 1946, of the State of New Jersey, approved
April 23, 1946, the Authority was created by virtue of a resolution duly adopted by the board of
Chosen Freeholders of the County of Ocean, and is a public body politic and corporate of the State
of New Jersey, organized and existing under the law, established as an instrumentality exercising
public and essential governmental functions to provide for the public health and welfare, with all
necessary or proper powers to acquire, construct, maintain, operate and use sewerage facilities for
the relief of the waters in, bordering or entering the district (as defined in the agreement) from
pollution or threatened pollution and for improvement of conditions affecting the public health.
7-4.2 Purpose. The authority is ready to design, finance, construct, maintain, operate and
use sewerage facilities for the relief of the waters in, bordering or entering the district as defined
in the agreement, from pollution or threatened pollution and for improvement of conditions
affecting the public health; and put in operation a regional sewerage system; and pursuant to said
Chapter 138, an agreement and supplement thereto with the authority for the disposal of sewage
from the borough have been submitted to the borough and it appears after due consideration that
it is in the best interest of the borough to enter into an agreement and supplement thereto as
approved by the borough attorney.
7-4.3 Necessity. That the borough has ascertained and does hereby determine that it is situate
within the district as defined in the agreement of the Ocean County Sewerage Authority, that it
can advantageously use the regional sewerage system of the authority, and that it will be
economical and in other respects advantageous to it to have waste water, sewage and other wastes
treated and disposed of by the Ocean County Sewerage Authority on and pursuant to the terms of
an agreement about to be executed between the borough and the Ocean County Sewerage
Authority and any supplements or amendments thereto.
That the borough shall enter into an agreement and any supplements or amendments thereto in
a form approved by the borough attorney under the corporate seal of the borough which shall be
affixed and attested by the borough clerk, and to deliver same.
7-5 SEWER AND WATER
706
7-5 USE OF PUBLIC SEWERS; CHARGES.
7-5.1 Definitions. Unless the context specifically indicates otherwise, the meaning of the
terms used in this section shall be as follows:
a. “Bod” (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory procedure in five
days at 20º centigrade, expressed in milligrams per liter by weight.
b. “Combined sewer” shall mean a sewer in which both surface runoff and sewage are
received.
c. “Garbage” shall mean solid wastes from the preparation, cooking and disposing of foods
and from the handling, storage and sale of produce.
d. “Industrial cost recovery” shall mean the recovery from the industrial users of the treatment
works, of the grant amount allocable to the treatment of waste from such users as defined
in the Federal regulations.
e. “Industrial wastes” shall mean the liquid wastes from industrial and laboratory processes
as distinct from sanitary sewage.
f. “Infiltration” shall mean the water entering the sewer system from the ground, through
such means as, but not limited to, defective pipes, pipe joints, connections or manhole
walls.
g. “Inflow” shall mean the water discharged into the sewer system from such sources as, but
not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water
discharges, surface drains, manhole covers, storm sewers or catch basins.
h. “Ocean County Sewerage Authority” shall mean the sewerage authority created, pursuant
to N.J.R.S. 40:14A-1 et seq., of the revised statutes of the State of New Jersey, to provide
sewage collection and treatment service to the municipalities of the County of Ocean.
i. “pH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams
per liter of solution, and indicates the degree of acidity or alkalinity of a substance.
j. “Person” shall mean any individual, firm, company, association, society, corporation or
group.
k. “Private sewage disposal system” shall mean, as herein referred to any septic tanks,
cesspools, sewage disposal devices or subsurface drainage system.
l. “Public sewer” shall mean a sanitary sewer in which all owners of abutting properties have
equal right and which is controlled by public authority.
m. “Sanitary sewer” shall mean a sewer which carries sewage and in which storm, surface and
ground waters are not permitted.
7-5 SEWER AND WATER
707
n. “Sewage” shall mean a combination of the water carried wastes from any buildings or
structures.
o. “Sewage treatment plant” shall mean any arrangement of devices and structures used for
treating sewage.
p. “Sewage works” shall mean all facilities for collecting, pumping, treating and disposing of
sewage.
q. “Sewer” shall mean a pipe or conduit for carrying sewage.
r. “Storm sewer or storm drain” shall mean a sewer which carries storm and surface waters
and drainage.
s. “Slug” shall mean any discharge of water, sewage or industrial waste which in
concentration of any given constituent or in quantity of flow exceeds for any period of
duration longer than 15 minutes more than five times the average 24 hour concentration
during normal operation.
t. “Suspended solids” shall mean solids that either float on the surface of or are in suspension
in water, sewage or other liquids, and which are removable by laboratory filtering.
u. “User charge” shall mean the charge levied on users of the treatment works for the cost of
operation and maintenance (including replacements) of such works as defined in the
Federal regulations.
v. “Watercourse” shall mean a channel in which a flow of water occurs, either continually or
intermittently.
7-5.2 Purposes. The purposes of this section are as follows:
a. To establish control and restrictions upon the use of public sewers as set forth in subsection
7-5.3.
b. To impose a user charge on all domestic, commercial, industrial, institutional and
governmental users of the sewer system of the borough which sewage, contributed to and
flowing therein, is conveyed and treated by the aforementioned OCSA, as set forth in
subsection 7-5.4.
7-5.3 Use Restrictions.
a. No person shall discharge or cause to be discharged any storm water, surface water,
groundwater, roof runoff, subsurface drainage, swimming pool or pond water, cooling
water or unpolluted industrial process waters to any sanitary sewer. All new sewer
extensions or connections shall be properly designed and constructed in order to avoid the
creation of infiltration and inflow sources within the sanitary sewer system.
7-5 SEWER AND WATER
708
b. Except as hereinafter provided, or limited, no person shall discharge or cause to be
discharged any of the following described waters or wastes to any public sewer:
1. Any liquid or vapor having a temperature higher than 150º Fahrenheit or 65º
Centigrade.
2. Any garbage that has not been properly shredded.
3. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, pauch manure or any other solid or viscous substance capable of causing
obstruction to the flow in sewers or other interferences with the proper operation of the
sewage works.
4. Mineral acidity, pH not less than 5.5.
5. Caustic alkalinity, pH not greater than 9.5.
6. Must not contain any explosive or flammable substance and no gases or vapors, either
free or occluded in concentration, toxic or dangerous to humans, animals or aquatic life
in streams or to the sewer system.
7. No excessive amount of grease or oil, whether emulsified or not, in excess of 100 mg/1
or containing substances which may solidify or become viscous at temperatures
between 32º Fahrenheit and 150º Fahrenheit.
8. Insoluble substances shall not exceed a daily average of 225 mb/1 (milligrams per liter).
9. Chlorine demand shall not exceed an average greater than 20 parts per million.
10. Five day biochemical oxygen demand (BOD) shall not exceed a daily average greater
than 250 mg/1 (milligrams per liter).
11. Wastes shall not contain sulfides exceeding two parts per million.
12. Wastes must not contain any toxic or irritating substances which will create conditions
hazardous to public health and safety.
13. Wastes must contain no poisons in sufficient quantities to endanger man or interfere
with biological processes.
14. Wastes must not contain phenols and/or orthocreosols in excess of 0.01 parts per
million.
15. Wastes must not contain any noxious or malodorous gas or substance which either
singularly or through interaction with other wastes or substances found in waste water
treatment processes are capable of creating a public nuisance, hazard to life, or
preventing entry into any portion of the system for operational duties, maintenance, or
repair.
7-5 SEWER AND WATER
709
16. Wastes must not contain gasoline, napha, petroleum products or any substance which
may create an explosion hazard in the system or which, in any way may be injurious to
personnel or the system.
17. Wastes must not contain oils, fats or grease, except as may result from household, hotel
or restaurant operation.
18. Milk, brewery or distillery waste in any form shall be prohibited.
19. Wastes are prohibited which contain any radioactive substances or isotopes.
20. Wastes are prohibited which contain or cause excessive discoloration (such as, but not
limited to, dye wastes and vegetable tanning solutions). Color shall be considered
excessive when visible following 1:1 dilution with domestic sewage.
21. Unusual volumes of flow or concentration of wastes, constituting slugs as defined
herein, are prohibited.
22. Materials or liquids removed from septic tanks or cesspools are prohibited. Such
wastes, however, will be accepted directly at the OCSA wastewater treatment facilities
at charges and during times prescribed by the OCSA.
23. Total nitrogen, composed of organic nitrogen and ammonia nitrogen shall not exceed
40 mg/1 (milligrams per liter). Ammonia nitrogen concentrations shall not exceed 25
mg/1 (milligrams per liter).
24. Following discharge to the public sewer, any waste which results in the presence of
residual chlorine in the public sewer is prohibited.
25. Any liquid having a flash point lower than 235º Fahrenheit as determined by the
Tagliabue (Tag.) closed cup method.
26. Waters or wastes are prohibited which contain substances which are not compatible to
treatment or reduction by the sewage treatment process employed or are compatible to
treatment only to such degree that the sewage treatment plant effluent cannot meet the
requirements of other agencies having jurisdiction over discharge to the receiving
waters.
27. And in addition, any waste or substance shall be prohibited which shall cause or
result in:
(a) Chemical reaction, either directly or indirectly, with the materials of construction,
to impair the strength or durability of any sewer structure.
(b) Mechanical action that will destroy or damage the sewer structure.
(c) Restriction of hydraulic capacity of sewer structures.
(d) Restriction of normal inspection or maintenance of sewer structure.
(e) Danger to public health and safety.
(f) Obnoxious conditions inimical to the public interest.
7-5 SEWER AND WATER
710 Rev. Ord. Supp. 04/2013
c. The admission into the public sewers of any waters or wastes containing any quantity of
substances having the characteristics described in subsections 7-5.1 and 7-5.2 shall be
prohibited unless approved by the borough and the OCSA. Where necessary, the owner
shall provide at his expense such preliminary treatment as may be necessary, as determined
by the borough and the OCSA, to reduce the quality of such wastes to these limits. Plans,
specifications and any other pertinent information relating to proposed preliminary
treatment facilities shall be submitted for the approval of the borough, the OCSA, and of
the Department of Environmental Protection of the State of New Jersey, and no
construction of such facilities shall be commenced until the approvals are obtained in
writing.
d. Where preliminary treatment facilities are provided for any waters or wastes, they shall be
maintained continuously in satisfactory and effective operation by the owner at his
expense.
e. No statement contained in this subsection shall be construed as preventing any special
agreement or arrangement between the borough, the OCSA, and any person whereby a
waste with high BOD or suspended solids values, or a high chlorine demand may be
accepted by the borough and the OCSA for collection and treatment, subject to payment
therefore by such person.
7-5.4 User Charges.
A. Residential and Commercial Customers. All residential, commercial, industrial,
institutional and governmental users shall be charged a base rate per dwelling unit and
on gallons used.
1. Quarterly base rate of seventy ($70.00) dollars per dwelling unit
(Ord. No. 2013-07 § 2)
2. Rate schedule (based on gallons used per meter):
Single Unit $1.60 per thousand gallons over 50,000 gallons
Duplex $1.60 per thousand gallons over 100,000 gallons
Triplex $1.60 per thousand gallons over 150,000 gallons
Quad $1.60 per thousand gallons over 200,000 gallons
(Ord. No. 2010-11 § 1)
B. Connection Fee. Prior to any connection of any property to the borough sewer system,
there shall be paid a sewer connection fee of one hundred ($100.00) dollars for new
connections to the sanitary sewerage system payable to the borough at the time of
application.
C. During the year 2009, a flat rate of sixty dollars ($60.00) per quarter for two (2)
consecutive quarters shall be charged to each property water meter, which shall
represent the base flat rate for sewer rental for the period of January 1, 2009 through
May 30, 2009. Said quarterly rate shall be billed and due with regular quarterly bills.
(Ord. No. 2009-09 § 3)
7-5.5 Violations and Penalties. Each person violating any of the provisions of this section
shall, upon conviction thereof, be liable to the penalty stated in Chapter III, section 3-9.
7-6 SEWER AND WATER
711 Rev. Ord. Supp. 05/81
7-6 SEWER CONNECTIONS REQUIRED.
7-6.1 Preamble. The Ocean County Sewerage Authority is now constructing and
establishing and has constructed and established, for the residents of the Borough of Harvey
Cedars, a comprehensive waste water treatment to service the residents of the Borough of Harvey
Cedars.
The Borough of Harvey Cedars has constructed and established a comprehensive waste water
collection system throughout the Borough of Harvey Cedars, which is connected with the Ocean
County Sewerage Authority’s interceptor lines designed in order to prevent pollution of waters in
and around the Borough of Harvey Cedars.
The Board of Commissioners deems it advisable and necessary that all buildings located on
streets in which a sewer is constructed or to be constructed hereafter be connected with the
borough’s sewerage system.
7-6.2 Definitions. As used in this section:
a. “Building” shall mean any structure erected or fixed upon or in the soil or designed as
permanent use in the position in which it is so fixed, provided the purpose of use is that of
habitation, trade, retail and commercial establishments, religion or education, or any
building or structure owned or used by the United States Government and the State of New
Jersey.
b. “Sewer” shall mean any sewer or main designed or used for collection or disposal of
sanitary sewerage and located in any public street within the borough.
7-6.3 Connection to Sewerage System Required. All buildings located on streets within
the borough in which sewers are now or shall be constructed by the Ocean County Sewerage
Authority in the Borough of Harvey Cedars shall be required to be connected with the sewerage
system constructed and being constructed and established by the Ocean County Sewerage
Authority and the Borough of Harvey Cedars within the Borough of Harvey Cedars when the same
shall have been completed and placed in operation and such connection can be lawfully made
pursuant to Chapter 63, Title 40 of the New Jersey Revised Statutes.
7-6.4 Manner of Connections. The connections shall be made in the manner and under the
conditions provided in regulations and ordinances adopted by the Ocean County Sewerage
Authority and the board of commissioners of the borough, respectively.
7-6.5 Notice to Connect. Notice is hereby given to the owners of all properties effected
thereby to have such building connected with the borough’s waste-water collection system within
ten months when same shall have been completed and placed in operation by the approval of the
Ocean County Sewerage Authority.
7-6.6 Notice to Close Cesspool; Septic Tank. Notice is also hereby given to the owners of
all properties affected thereby to have their existing cesspool or septic tank filled and closed within
ten months from the date their building is connected with the borough’s waste water collection
system in a manner and under the conditions as provided by the board of commissioners of the
borough, their inspector, or duly authorized agent.
7-6 SEWER AND WATER
712 Rev. Ord. Supp. 05/81
7-6.7 Board of Commissioners Carry Out Mandate. The board of commissioners of the
borough is hereby empowered to carry out the mandate of this ordinance for and on behalf of the
Ocean County Sewerage Authority pursuant to Ordinance No. 77-2, shown as section 7-5 of this
chapter.
7-6.8 Violation and Penalty. Any person violating any of the provisions of this section shall
be subject, upon conviction, to the penalties stated in Chapter III, section 3-9.
7-7 SEWER AND WATER
713
7-7 INSTALLATION OF SEWER SERVICE PIPE.
7-7.1 Installation Required. Each house must have a separate sewer service pipe from the
dwelling to the sewer collection system.
7-7.2 Sewer Installations. The pipe to be used for all sewer service shall be one of the
following:
a. PVC Sewer Pipe. All pipe shall be best quality unplasticized polyvinyl chloride (PVC)
sewer pipe, with joints providing flexibility and watertightness under service conditions.
Pipe shall be in accordance with ASTM Specification D3034-73, and shall meet the
requirements for extra strength minimum of SDR-35 section of the above noted ASTM
Specifications. Lengths of pipe shall not exceed 12-1/2 feet. Joints shall be of the bell-
and-spigot type with rubber ring seal. The bell shall consist of an integral wall section with
a solid cross-section rubber ring, and ring groove so designed to prevent ring displacement.
All jointing shall be in accordance with the manufacturer’s recommendations.
Connections to building drains shall be made utilizing approved adapters, if required.
b. Cast-iron Sewer Pipe. All cast-iron sewer pipe shall be extra-heavy soil pipe meeting the
specifications of the Cast Iron Soil Pipe Institute. All pipe shall be furnished in nominal
five foot lengths. All extra-heavy cast-iron soil pipe and fittings shall receive a foundry
coal tar dip on both interior and exterior surfaces. Joints shall be of the compression rubber
gasket type. All jointing shall be in accordance with the manufacturer’s recommendations.
Connections to building drains shall be made utilizing approved adapters, if required.
Connections to existing PVC building sewers installed to within ten feet of the property
line shall be made utilizing approved adapters.
After the pipes are laid and properly caulked or connected, backfills shall be made and
carefully tamped to grade. Before the pipe is connected, the same shall be approved by the
borough inspector or duly authorized agent.
The depth of the sewer service shall be a minimum of 26 inches below grade line.
7-7.3 Violations and Penalties. Each person violating any of the provisions of this section
shall, upon conviction thereof, be liable to the penalty stated in Chapter III, section 3-9.
7-8 SEWER AND WATER
714 Rev. Ord. Supp. 09/95
7-8 WATER CONSERVATION.
7-8.1 Water Conservation Restrictions. The usage of water for the sprinkling of lawns and
gardens during the peak season of June 1
st
through September 30 will be restricted as follows:
a. Wednesday, Friday, Sunday – Odd numbered house addresses.
b. Tuesday, Thursday, Saturday – Even numbered house addresses.
c. No watering on Mondays.
d. Hours 6:00 a.m. – 9:00 a.m., 7:00 p.m. – 10:00 p.m.
e. The laying of sod from June 1 through August 31 is prohibited.
f. All hoses shall be used with nozzles.
g. All automatic irrigation and sprinkler systems shall be equipped with rain sensors.
h. The use of potable water bubbler systems for the prevention of freezing of water near
pilings, bulkheads and docks is prohibited.
7-8.2 Violations. Any person violating any part of this section shall be subject to a fine not
exceeding five hundred ($500.00) dollars.
7-9 SEWER AND WATER
715 Rev. Ord. Supp. 10/2010
7-9 BILLING POLICIES AND PRACTICES.
A. Meter readings shall be completed on a quarterly basis for billing purposes.
B. Water and sewer utility bills shall be sent by the borough on a quarterly basis for each
year in March, June, September and December.
C. Payments are due by the 25th of the month on which the bill is sent out. Grace periods
and interest rates shall be established by resolution each year.
No interest or penalties shall be charged on delinquent water and sewer utility accounts
for governmental entities, including federal, state and local political subdivision
accounts, including county government accounts, Board of Education accounts and
local government accounts.
D. Billing for multi-family/use units with separate owners sharing a single meter shall be
calculated according to the rate schedules hereinabove, divided by the number of said
units equally, and sent to each owner.
(Ord. No. 2009-09 § 4)
E. All service and miscellaneous charges shall be due 30 days from the billing date.
(Ord. No. 2010-11 § 2)
801 Rev. Ord. Supp. 03/2014
CHAPTER VIII
TRAFFIC
8-1 WORDS AND PHRASES.
Whenever any words and phrases are used in this chapter, the meaning respectively ascribed
to them in Subtitle I of Title 39 of the Revised Statutes of New Jersey shall be deemed to apply to
such words and phrases used herein unless specifically defined as follows:
“Right-of-way” shall mean the public property area between the paved roadway and the
property line.
(Ord. No. 2014-04 §1)
8-2 TRAFFIC
802
8-2 OFFICIAL TIME STANDARD.
Whenever certain hours are named in this chapter, they shall mean either Eastern Standard
Time or Eastern Daylight Saving Time as may be in current use in the borough.
8-3 TRAFFIC
803 Rev. Ord. Supp. 12/92
8-3 PARKING.
8-3.1 Regulations Not Exclusive. The provisions of this chapter imposing a time limit on
parking shall not relieve any person of the duty to observe other more restrictive provisions
prohibiting or limiting the stopping, standing or parking of vehicles as set forth in R.S. 39:4-138,
any other New Jersey statute or as hereinafter provided.
8-3.2 Parking Prohibited at All Times on Certain Streets.
a. No person shall park a vehicle at any time upon any of the streets or parts thereof described
in Schedule I attached to and made a part of this chapter.
b. It shall be unlawful to park any automobile or other vehicle within twenty-five feet of an
intersection of any two public streets or highways, or within fifty feet of the end of any
dead-end street within the borough.
c. No person shall park a vehicle in a parking space designated and marked as being set aside
for the physically handicapped in any parking facility unless said vehicle shall have affixed
thereto an identification certificate or marker issued by the New Jersey Director of the
Division of Motor Vehicles.
Parking in a handicapped space without the aforesaid vehicle identification shall create a
rebuttable presumption that use of the space was not for the physically handicapped.
d. Any person violating any provision of subsection 8-3.2c of this chapter for the first time
shall be fined one hundred ($100.00) dollars.
e. Any person charged with a second or subsequent offense for violating or failing to comply
with any of the provisions of this chapter shall, upon commission hereof, be punishable by
a fine of not less than one hundred ($100.00) dollars, nor more than one thousand
($1,000.00) dollars, or by imprisonment for a term not to exceed 90 days, or by community
service of not more than 90 days, or any combination of fine, imprisonment and community
service as determined by the municipal court judge. The continuation of such violation for
each successive day shall constitute a separate offense, and the person or persons allowing
or permitting the continuation of the violation may be punished as provided above for each
separate offense.
f. The violation of any provision of this chapter shall be subject to abatement summarily by
a restraining order or injunction issued by a court of competent jurisdiction.
8-3.3 Parking Prohibited during Certain Hours on Certain Streets. No person shall park
a vehicle between the hours specified in Schedule II of any day (except Sundays and public
holidays) upon any of the streets or parts of streets described in Schedule II attached to and made
a part of this chapter.
8-3 TRAFFIC
804 Rev. Ord. Supp. 12/2021
8-3.4 Stopping or Standing Prohibited during Certain Hours on Certain Streets. No
person shall stop or stand a vehicle between the hours specified in Schedule III of any day (except
Sundays and public holidays) upon any of the streets or parts of streets described in Schedule III
attached to and made a part of this chapter.
8-3.5 Parking Time Limited. No person shall park a vehicle in any one spot upon any of
the streets or parts of streets within the Borough for longer than seven (7) consecutive days other
than directly in front of the person’s own property. (Ord. No. 2021-11 § 1)
No person shall park a vehicle for longer than the time limit shown in Schedule IV at any time
between the hours listed in Schedule IV of any day upon any of the streets or parts of streets
described in Schedule IV attached to and made a part of this chapter. (Ord. No. 2021-11 § 1)
8-3.6 Loading-Unloading. It shall be unlawful to leave any truck, omnibus or other
commercial vehicle standing or parked, except for loading and unloading purposes, upon any of
the public streets of the borough.
8-3.7 Trailers. (Ord. No. 2020-11 § 1)
a. Trailers Prohibited
No person shall cause or permit to be parked any trailer upon the following public streets
within the Borough of Harvey Cedars:
Bay Terrace
West 80
th
Street
(Ord. No. 2020-11 § 2)
b. Parking and Storage of Trailers
1. Trailers are permitted to be parked or stored on private property.
2. Trailers are permitted to be parked on public paved streets when attached to a motor
vehicle unless otherwise prohibited.
(Ord. No. 2020-11 § 3)
c. Trailers – Non-Watercraft
No person shall cause or permit to be parked any non-watercraft trailer upon any street or
right-of-way from 6:00 p.m. to 6:00 a.m.
d. Trailers – Exceptions
Construction trailers are permitted as per Chapter 13 Zoning.
(Ord. No. 2015-04 §1)
e. Penalty
Any trailer in violation of this section for more than forty-eight (48) hours shall be removed
and stored by the Borough and charged in accordance with Section 3-15. Any person
violating any provision of subsection 8-3.7 of this chapter shall be fined a minimum of fifty
($50.00) dollars. (Ord. No. 2014-04 §2)
8-3 TRAFFIC
805 Rev. Ord. Supp. 07/2020
8-3.8 Parking Limited at Municipal Building. Parking for the Harvey Cedars Borough
Hall located at 7606 Long Beach Boulevard between West 76th and West 77th Streets shall be
designated for Municipal or Post Office business only. Any vehicle found parked in the Municipal
Lot for other than municipal business during regular business hours or during municipal meetings
may be subject to removal by the Borough, and the owner of said vehicle shall be in violation of
this subsection and subject to the penalty as set forth in Section 8-11 of this chapter. (Ord. No.
2019-11 § 1)
8-3.9 Recreational Vehicles – Occupancy and Utility Connections.
a. It shall be unlawful for any person to occupy or otherwise reside within, or in any manner
relating thereto, any recreational vehicle, camper, trailer or other mobile structure while it
is being parked or stored on any residential or commercial lot, or on any public roadway
or easement.
b. It shall be unlawful for any person to connect any recreational vehicle, camper, trailer or
other mobile structure to water, natural gas, or sanitary sewer service while being parked
or stored within the Borough.
(Ord. No. 2020-11 § 4)
8-4 TRUCKS OVER FOUR TONS EXCLUDED FROM CERTAIN
STREETS.
Trucks over four tons gross weight are hereby excluded from the streets or parts of streets
described in Schedule V except for the pick up and delivery of materials on such streets. Schedule
V is attached to and made a part of this chapter.
8-5 TRAFFIC
806
8-5 ONE-WAY STREETS.
The streets or parts of streets described in Schedule VI attached to and made a part of this
chapter are hereby designated as One-way streets in the direction indicated.
8-6 TRAFFIC
807
8-6 THROUGH STREETS, STOP INTERSECTIONS AND YIELD
INTERSECTIONS.
8-6.1 Through Streets. Pursuant to the provisions of R.S. 39:4-140, the streets or parts of
streets described in Schedule VII attached to and made a part of this chapter are hereby designated
as Through Streets. STOP signs shall be installed on the near right side of each street intersecting
the Through Street except where YIELD signs are provided for in the designations.
8-6.2 Stop Intersections. Pursuant to the provisions of R.S.39:4-140, the intersections
described in Schedule VIII attached to and made a part of this chapter are hereby designated as
Stop Intersections. STOP signs shall be installed as provided therein.
8-6.3 Yield Intersections. Pursuant to the provisions of R.S. 39:4-140, the intersections
described in Schedule IX attached to and made a part of this chapter are hereby designated as
Yield Intersections. YIELD signs shall be installed as provided therein.
8-7 TRAFFIC
808
8-7 LOADING ZONES.
The locations described in Schedule X attached to and made a part of this chapter are hereby
designated as Loading Zones.
8-8 TRAFFIC
809
8-8 TAXI STANDS.
The locations described in Schedule XI attached to and made a part of this chapter are hereby
designated as Taxi Stands.
8-9 TRAFFIC
810
8-9 BUS STOPS.
The locations described in Schedule XII attached to and made a part of this chapter are hereby
designated as Bus Stops.
8-10 TRAFFIC
811
8-10 TURN PROHIBITIONS.
8-10.1 Left Turn Prohibition. No person shall make a left turn at any of the locations
described in Schedule XIII attached to and made a part of this chapter.
8-10.2 U-Turn Prohibition. No person shall make a U-Turn at any of the locations described
in Schedule XIV attached and made a part of this chapter.
8-10.3 No Turns. No person shall make a turn at any of the locations described in Schedule
XV attached to and made a part of this chapter.
8-11 TRAFFIC
812 Rev. Ord. Supp. 02/2021
8-11 SPEED LIMITS.
The following speed limits shall apply to designated streets within the Borough:
Street Name Traffic Direction Speed Limit Location
West 80
th
Street, Both 20mph Entire length
aka County Road #2
(Ord. No. 2021-03 § 2)
8-12 PENALTY.
Unless another penalty is expressly provided by New Jersey Statute, every person convicted
of a violation of a provision of this ordinance or any supplement thereto shall be liable to a penalty
of not more than fifty ($50.00) dollars or imprisonment for a term not exceeding 15 days or both.
All former traffic ordinances of the Borough of Harvey Cedars covered in this traffic chapter
are hereby repealed except that this repeal shall not affect or prevent the prosecution or punishment
of any person for any act done or committed in violation of any ordinance hereby repealed prior
to the taking effect of this ordinance.
(Ord. No. 2021-03 § 1)
TRAFFIC SCHEDULES
813 Rev. Ord. Supp. 06/2017
SCHEDULE I
NO PARKING
In accordance with the provisions of subsection 8-3.2, no person shall park a vehicle at any
time upon any of the following described streets or parts of street.
Name of Street Sides Location
Sunset Lane Both Entire Length
Maiden Lane Both Entire Length
Compass Street Both Entire Length
Kinsey Lane Both Entire Length
Mallard Lane Both Entire Length
*Passaic Avenue Both Entire Length
Hudson Avenue East Entire Length
Salem Avenue East Entire Length
West 82
nd
Street Both From street end beginning at
Mallard Lane for a length
of 100’ feet
Anchor & West 81
st
Streets East From the beginning of the
rumble strip on West 81
st
Street
to the end of the rumble strip
on Anchor Street
West Atlantic Avenue Both For the length of Block 15 Lot 1
(Ord. No. 2017-15 §1)
*It shall be unlawful to park any automobile or other vehicle upon Passaic Avenue when
appropriate signs to that effect are posted thereon.
TRAFFIC SCHEDULES
814 Rev. Ord. Supp. 12/2021
SCHEDULE II
PARKING PROHIBITED CERTAIN HOURS
In accordance with the provisions of subsection 8-3.3, no person shall park a vehicle between
the hours specified upon any of the following described streets or parts of streets.
RESERVED
SCHEDULE III
NO STOPPING OR STANDING
In accordance with the provisions of subsection 8-3.4, no person shall stop or stand a vehicle
upon any of the following described streets or parts of streets.
Name of Street Sides Location
Camden Avenue Both Beginning at the westerly curbline
of Long Beach Boulevard to a
point 100 feet west thereof.
SCHEDULE IV
PARKING TIME LIMITED
In accordance with the provisions of subsection 8-3.5, no person shall park a vehicle for longer
than the time limit shown upon any of the following streets or parts of streets.
Name of Street Sides Location Time Limit
West 80
th
Street North Parking spaces adjacent 3 hours
to the Borough property
(Ord. No. 2021-11 § 2)
TRAFFIC SCHEDULES
815 Rev. Ord. Supp. 11/81
SCHEDULE V
TRUCKS OVER FOUR TONS
In accordance with the provisions of section 8-4, trucks over four tons gross weight are
excluded from the following described streets or parts of streets.
RESERVED
SCHEDULE VI
ONE-WAY STREETS
In accordance with the provisions of section 8-5, the following described streets or parts of
streets are hereby designated as one-way streets.
Name of Street Direction Limits
Kinsey Lane West Entire Length
Maiden Lane West Entire Length
81
st
Street West Between Long Beach
Boulevard and Anchor
Street
Anchor Street South Between 81
st
Street and
80
th
Street
SCHEDULE VII
THROUGH STREETS
In accordance with the provisions of subsection 8-6.1, the following described streets or parts
of streets are hereby designated as Through Streets. STOP signs shall be installed on the near right
side of each street intersecting the Through Street except where YIELD signs are provided for in
the designations.
RESERVED
TRAFFIC SCHEDULES
816
SCHEDULE VIII
STOP INTERSECTIONS
In accordance with the provisions of subsection 8-6.2, the following intersections are hereby
designated as Stop Intersections.
86
th
Street and Jamaica Lane:
STOP signs shall be installed on Jamaica Lane.
86
th
Street and Sandpiper Lane:
STOP signs shall be installed on Sandpiper Lane.
86
th
Street and Driftwood Lane:
STOP signs shall be installed on Driftwood Lane.
84
th
Street and Anchor Street:
STOP signs shall be installed on Anchor Street.
83
rd
Street and Anchor Street:
STOP Signs shall be installed on Anchor Street.
83
rd
Street and Mallard Street:
STOP signs shall be installed on Mallard Street.
80
th
Street and Anchor Street:
STOP signs shall be installed on Anchor Street.
80
th
Street and Compass Street:
STOP signs shall be installed on Compass Street.
79
th
Street and Compass Street:
STOP signs shall be installed on Compass Street.
78
th
Street and Compass Street:
STOP signs shall be installed on Compass Street.
Cumberland Avenue and Holly Avenue:
STOP signs shall be installed on Holly Avenue.
Union Avenue and Holly Avenue:
STOP signs shall be installed on Holly Avenue.
Atlantic Avenue and Cedars Avenue:
STOP signs shall be installed on Cedars Avenue at:
1. East Intersection
2. West Intersection
TRAFFIC SCHEDULES
817
Schedule VIII Con’t.
Mallard Street and Kinsey Street:
STOP signs shall be installed on Kinsey Street.
Maiden Lane and Sunset Lane:
STOP signs shall be installed on Sunset Lane.
Maiden Lane and Meadowview Street:
STOP signs shall be installed on Meadowview Street.
Maiden Lane and Compass Street:
STOP signs shall be installed on Compass Street.
Essex Avenue and Holly Avenue:
STOP signs shall be installed on Holly Avenue.
Essex Avenue and Harvest Avenue:
STOP signs shall be installed on Harvest Avenue.
Essex Avenue and Cox Avenue:
STOP signs shall be installed on Cox Avenue.
Essex Avenue and Olsen Avenue:
STOP signs shall be installed on Olsen Avenue.
Essex Avenue and Fives Avenue:
STOP signs shall be installed on Fives Avenue.
Camden Avenue and Harvest Avenue:
STOP signs shall be installed on Harvest Avenue.
Harvest Avenue and Barnegat Avenue:
STOP signs shall be installed on Barnegat Avenue.
Salem Avenue and Holly Avenue:
STOP signs shall be installed on Holly Avenue.
TRAFFIC SCHEDULES
818
SCHEDULE IX
YIELD INTERSECTIONS
In accordance with the provisions of subsection 8-6.3, the following intersections are
designated as Yield Intersections. YIELD signs having sides 36 inches long shall be installed.
RESERVED
SCHEDULE X
LOADING ZONES
In accordance with the provisions of section 8-7, the following described locations are hereby
designated as Loading Zones.
RESERVED
SCHEDULE XI
TAXI STANDS
In accordance with the provisions of section 8-8, the following described locations are hereby
designated as Taxi Stands.
RESERVED
SCHEDULE XII
BUS STOPS
In accordance with the provisions of section 8-9, the following described locations are hereby
designated as Bus Stops.
RESERVED
TRAFFIC SCHEDULES
819
SCHEDULE XIII
NO LEFT TURN
In accordance with the provisions of subsection 8-10.1, no person shall make a left turn at any
of the following described locations.
RESERVED
SCHEDULE XIV
NO U-TURN
In accordance with the provisions of subsection 8-10.2, no person shall make a U-Turn at any
of the following described locations.
RESERVED
SCHEDULE XV
NO TURNS
In accordance with the provisions of subsection 8-10.3, no person shall make a turn at any of
the following described locations.
RESERVED
901 Rev. Ord. Supp. 12/06
CHAPTER IX
STORMWATER REGULATIONS AND STORMWATER CONTROL
9-1 TITLE AND PURPOSE.
9-1.1 Title. This chapter shall be known as “The Stormwater Regulations and Stormwater
Control” of the Borough of Harvey Cedars. (Ord. No. 2006-13 § 1)
9-1.2 Purpose. This chapter is adopted for the purpose of regulating the municipal separate
storm sewer system(s) operated by the Borough of Harvey Cedars so as to protect
public health, safety and welfare, and to prescribe penalties for the failure to comply.
9-2 STORMWATER REGULATIONS AND STORMWATER CONTROL
902 Rev. Ord. Supp. 02/2021
9-2 DEFINITIONS.
For the purpose of this ordinance, the following terms, phrases, words, and their derivations
shall have the meanings stated herein unless their use in the text of this Chapter clearly
demonstrates a different meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number include the singular number, and
words used in the singular number include the plural number. The word “shall” is always
mandatory and not merely directory. The definitions below are the same as or based on
corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES)
rules at NJAC 7:14A-1.2 and in the Stormwater Management Rules at N.J.A.C. 7:8-1.2. (Ord. No.
2010-17 § 2)
CAFRA Centers, Cores or Nodes means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA Planning Map means the map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA
Planning Map is available on the Department's Geographic Information System (GIS).
Community Basin means an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that
is designed and constructed in accordance with the New Jersey Stormwater Best Management
Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for
an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet
pond and that complies with the requirements of this chapter.
Compaction means the increase in soil bulk density.
Contributory Drainage Area means the area from which stormwater runoff drains to a
stormwater management measure, not including the area of the stormwater management
measure itself.
Core means a pedestrian-oriented area of commercial and civic uses serving the surrounding
municipality, generally including housing and access to public transportation.
County review agency means an agency designated by the County Board of Chosen
Freeholders to review municipal stormwater management plans and implementing
ordinance(s). The county review agency may either be:
A county planning agency; or
A county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance
or resolution delegates authority to approve, conditionally approve, or disapprove
municipal stormwater management plans and implementing ordinances.
Department means the New Jersey Department of Environmental Protection.
Designated Center means a State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village, or hamlet.
9-2 STORMWATER REGULATIONS AND STORMWATER CONTROL
903 Rev. Ord. Supp. 02/2021
Design engineer means a person professionally qualified and duly licensed in New Jersey to
perform engineering services that may include, but not necessarily be limited to, development
of project requirements, creation and development of project design and preparation of
drawings and specifications.
Development means the division of a parcel of land into two or more parcels, the construction,
reconstruction, conversion, structural alteration, relocation or enlargement of any building or
structure, any mining excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, by any person, for which permission is
required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
In the case of development of agricultural lands, development means: any activity that
requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and
the State Agricultural Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
Disturbance means the placement or reconstruction of impervious surface or motor vehicle
surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of
vegetation. Milling and repaving is not considered disturbance for the purposes of this
definition.
Domestic sewage means waste and wastewater from humans or household operations.
Drainage area means a geographic area within which stormwater, sediments, or dissolved
materials drain to a particular receiving waterbody or to a particular point along a receiving
waterbody.
Environmentally Constrained Area means the following areas where the physical alteration of
the land is in some way restricted, either through regulation, easement, deed restriction or
ownership such as: wetlands, floodplains, threatened and endangered species sites or
designated habitats, and parks and preserves. Habitats of endangered or threatened species are
identified using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
Environmentally Critical Area means an area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage priority sites; habitat of
endangered or threatened species; large areas of contiguous open space or upland forest; steep
slopes; and well head protection and groundwater recharge areas. Habitats of endangered or
threatened species are identified using the Department’s Landscape Project as approved by the
Department’s Endangered and Nongame Species Program.
Empowerment Neighborhood means a neighborhood designated by the Urban Coordinating
Council “in consultation and conjunction with” the New Jersey Redevelopment Authority
pursuant to N.J.S.A 55:19-69.
Erosion means the detachment and movement of soil or rock fragments by water, wind, ice or
gravity.
9-2 STORMWATER REGULATIONS AND STORMWATER CONTROL
904 Rev. Ord. Supp. 02/2021
Green Infrastructure means a stormwater management measure that manages stormwater
close to its source by:
1. Treating stormwater runoff through infiltration into subsoil;
2. Treating stormwater runoff through filtration by vegetation or soil; or
3. Storing stormwater runoff for reuse.
HUC 14 or Hydrologic Unit Code 14 means an area within which water drains to a particular
receiving surface water body, also known as a subwatershed, which is identified by a 14-digit
hydrologic unit boundary designation, delineated within New Jersey by the United States
Geological Survey.
Illicit connection – any physical or non-physical connection that discharges domestic sewage,
non-contact cooling water, process wastewater, or other industrial waste (other than
stormwater) to the municipal separate storm sewer system operated by the Borough of Harvey
Cedars, unless that discharge is authorized under a NJPDES permit other than the Tier A
Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Non-physical
connections may include, but are not limited to, leaks, flows, or overflows into the municipal
separate storm sewer system.
Impervious surface means a surface that has been covered with a layer of material so that it is
highly resistant to infiltration by water.
Industrial waste – non-domestic waste, including, but not limited to, those pollutants regulated
under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or
(c)).
Infiltration is the process by which water seeps into the soil from precipitation.
Lead Planning Agency means one or more public entities having stormwater management
planning authority designated by the regional stormwater management planning committee
pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
Major Development means an individual “development,” as well as multiple developments
that individually or collectively result in:
1. The disturbance of one or more acres of land since February 2, 2004;
2. The creation of one-quarter acre or more of “regulated impervious surface” since
February 2, 2004;
3. The creation of one-quarter acre or more of “regulated motor vehicle surface” since
March 2, 2021 {or the effective date of this ordinance, whichever is earlier}; or
4. A combination of 2 and 3 above that totals an area of one-quarter acre or more. The
same surface shall not be counted twice when determining if the combination area
equals one-quarter acre or more.
9-2 STORMWATER REGULATIONS AND STORMWATER CONTROL
905 Rev. Ord. Supp. 02/2021
Major development includes all developments that are part of a common plan of
development or sale (for example, phased residential development) that collectively or
individually meet any one or more of paragraphs 1, 2, 3, or 4 above. Projects undertaken by
any government agency that otherwise meet the definition of “major development” but which
do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are
also considered “major development.”
Minor Development means any development that is not “major development” including all
residential development on residential lots.
Mitigation means an action by an applicant providing compensation or offset actions for onsite
stormwater management requirements where the applicant has demonstrated the inability or
impracticality of strict compliance with the stormwater management requirements set forth in
NJAC 7:8, in an adopted regional stormwater management plan, or in this local ordinance, and
has received a waiver from strict compliance from the municipality. Mitigation, for the
purposes of this ordinance, includes both the mitigation plan detailing how the project’s failure
to strictly comply will be compensated, and the implementation of the approved mitigation
plan within the same HUC-14 within which the subject project is proposed (if possible and
practical), or a contribution of funding toward a regional stormwater control project, or
provision for equivalent treatment at an alternate location, or other equivalent water quality
benefit.
Motor Vehicle means land vehicles propelled other than by muscular power, such as
automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this
definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles,
motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Motor Vehicle Surface means any pervious or impervious surface that is intended to be used
by “motor vehicles” and/or aircraft, and is directly exposed to precipitation including, but not
limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
Municipality means any city, borough, town, township, or village.
Municipal Separate Storm Sewer System (MS4) means 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 Harvey
Cedars or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES Permit – a permit issued by the New Jersey Department of Environmental Protection
to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at
N.J.A.C. 7:14A.
New Jersey Stormwater Best Management Practices (BMP) Manual or BMP Manual means
the manual maintained by the Department providing, in part, design specifications, removal
rates, calculation methods, and soil testing procedures approved by the Department as being
capable of contributing to the achievement of the stormwater management standards specified
in this chapter. The BMP Manual is periodically amended by the Department as necessary to
provide design specifications on additional best management practices and new information
9-2 STORMWATER REGULATIONS AND STORMWATER CONTROL
906 Rev. Ord. Supp. 02/2021
on already included practices reflecting the best available current information regarding the
particular practice and the Department’s determination as to the ability of that best
management practice to contribute to compliance with the standards contained in this chapter.
Alternative stormwater management measures, removal rates, or calculation methods may be
utilized, subject to any limitations specified in this Chapter 9, provided the design engineer
demonstrates to the municipality, in accordance with ordinance § 9-10.6, F and N.J.A.C. 7:8-
5.2(g), that the proposed measure and its design will contribute to achievement of the design
and performance standards established by Chapter 9.
Node means an area designated by the State Planning Commission concentrating facilities and
activities which are not organized in a compact form.
Non-contact cooling water – water used to reduce temperature for the purpose of cooling. Such
waters do not come into direct contact with any raw material, intermediate product (other than
heat) or finished product. Non-contact cooling water may however contain algaecides, or
biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
Nutrient means a chemical element or compound, such as nitrogen or phosphorus, which is
essential to and promotes the development of organisms.
Person means any individual, corporation, company, partnership, firm, association, Borough
of Harvey Cedars, or political subdivision of this State subject to municipal jurisdiction
pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Pollutant means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials,
medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of
1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment,
rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or
other residue discharged directly or indirectly to the land, ground waters or surface waters of
the State, or to a domestic treatment works. “Pollutant” includes both hazardous and
nonhazardous pollutants.
Process wastewater – any water which, during manufacturing or processing, comes into direct
contact with or results from the production or use of any raw material, intermediate product,
finished product, byproduct, or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
Recharge means the amount of water from precipitation that infiltrates into the ground and is
not evapotranspired.
Refuse container – any waste container that a person controls whether owned, leased, or
operated, including dumpsters, trash cans, garbage pails, and plastic trash bags. (Ord. No.
2010-17 § 3)
Regulated Impervious Surface means any of the following, alone or in combination:
1. A net increase of impervious surface;
9-2 STORMWATER REGULATIONS AND STORMWATER CONTROL
907 Rev. Ord. Supp. 02/2021
2. The total area of impervious surface collected by a new stormwater conveyance system
(for the purpose of this definition, a “new stormwater conveyance system” is a
stormwater conveyance system that is constructed where one did not exist immediately
prior to its construction or an existing system for which a new discharge location is
created);
3. The total area of impervious surface proposed to be newly collected by an existing
stormwater conveyance system; and/or
4. The total area of impervious surface collected by an existing stormwater conveyance
system where the capacity of that conveyance system is increased.
Regulated Motor Vehicle Surface means any of the following, alone or in combination:
1. The total area of motor vehicle surface that is currently receiving water;
2. A net increase in motor vehicle surface; and/or quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment at a
wastewater treatment plant, where the water quality treatment will be modified or
removed.
Sediment means solid material, mineral or organic, that is in suspension, is being transported,
or has been moved from its site of origin by air, water or gravity as a product of erosion.
Site means the lot or lots upon which a major development is to occur or has occurred.
Soil means all unconsolidated mineral and organic material of any origin.
State Development and Redevelopment Plan Metropolitan Planning Area (PA1) means an area
delineated on the State Plan Policy Map and adopted by the State Planning Commission that
is intended to be the focus for much of the state’s future redevelopment and revitalization
efforts.
State Plan Policy Map is defined as the geographic application of the State Development and
Redevelopment Plan’s goals and statewide policies, and the official map of these goals and
policies.
Storm drain inlet – an opening in a storm drain used to collect stormwater runoff and includes,
but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet. (Ord.
No. 2010-17 § 3)
Stormwater means water resulting from precipitation (including rain and snow) that runs off
the land’s surface, is transmitted to the subsurface, or is captured by separate storm sewers or
other sewage or drainage facilities, or conveyed by snow removal equipment.
Stormwater management basin means an excavation or embankment and related areas
designed to retain stormwater runoff. A stormwater management basin may either be normally
dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention
basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
9-2 STORMWATER REGULATIONS AND STORMWATER CONTROL
908 Rev. Ord. Supp. 02/2021
Stormwater Management BMP means an excavation or embankment and related areas
designed to retain stormwater runoff. A stormwater management BMP may either be normally
dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a
retention basin), or be planted mainly with wetland vegetation (most constructed stormwater
wetlands).
Stormwater Management Measure means any practice, technology, process, program, or other
method intended to control or reduce stormwater runoff and associated pollutants, or to induce
or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal
non-stormwater discharges into stormwater conveyances.
Stormwater Management Planning Agency means a public body authorized by legislation to
prepare stormwater management plans.
Stormwater Management Planning Area means the geographic area for which a stormwater
management planning agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management plan prepared by that
agency.
Stormwater runoff means water flow on the surface of the ground or in storm sewers, resulting
from precipitation.
Tidal Flood Hazard Area means a flood hazard area in which the flood elevation resulting
from the two-, 10-, or 100-year storm, as applicable, is governed by tidal flooding from the
Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by,
stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and
fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations,
depending upon the extent of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm events.
Urban Coordinating Council Empowerment Neighborhood means a neighborhood given
priority access to State resources through the New Jersey Redevelopment Authority.
Urban Enterprise Zones means a zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et. seq.
Urban Redevelopment Area is defined as previously developed portions of areas:
1. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area
(PA1), Designated Centers, Cores or Nodes;
2. Designated as CAFRA Centers, Cores or Nodes;
3. Designated as Urban Enterprise Zones; and
4. Designated as Urban Coordinating Council Empowerment Neighborhoods.
Water Control Structure means a structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation resulting from the 2-, 10-,
or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a
water control structure may include a bridge, culvert, dam, embankment, ford (if above grade),
retaining wall, and weir.
9-2 STORMWATER REGULATIONS AND STORMWATER CONTROL
909 Rev. Ord. Supp. 10/2010
Waters of the State means the ocean and its estuaries, all springs, streams, wetlands, 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.
Wetlands or wetland means an area that is inundated or saturated by surface water or ground
water at a frequency and duration sufficient to support, and that under normal circumstances
does support, a prevalence of vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
9-3 STORMWATER REGULATIONS AND STORMWATER CONTROL
910 Rev. Ord. Supp. 12/2006
9-3 ILLICIT CONNECTIONS.
No person shall discharge or cause to be discharged through an illicit connection to the
municipal separate storm sewer system operated by the Borough of Harvey Cedars any
domestic sewage, non-contact cooling water, process wastewater, or other industrial waste
(other than stormwater).
9-4 STORMWATER REGULATIONS AND STORMWATER CONTROL
911 Rev. Ord. Supp. 12/2006
9-4 IMPROPER DISPOSAL OF WASTE.
9-4.1 The spilling, dumping, or disposal of materials other than stormwater to the municipal
separate storm sewer system operated by the Borough of Harvey Cedars is prohibited. The
spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the
discharge of pollutants to the municipal separate storm sewer system is also prohibited.
9-4.2 Exceptions to Prohibition.
a. Water line flushing and discharges from potable water sources.
b. Uncontaminated ground water (e.g., infiltration, crawl space or basement sump
pumps, foundation or footing drains, rising ground waters)
c. Air conditioning condensate (excluding contact and non-contact cooling water).
d. Irrigation water (including landscape and lawn watering runoff).
e. Flows from springs, riparian habitats and wetlands, water reservoir discharges and
diverted stream flows.
f. Residential car washing water, and residential swimming pool discharges.
g. Sidewalk, driveway and street wash water.
h. Flows from fire fighting activities.
i. Flows from rinsing of the following equipment with clean water:
Beach maintenance equipment immediately following their use for their
intended purposes; and
Equipment used in the application of salt and de-icing materials immediately
following salt and de-icing material applications. Prior to rinsing with clean
water, all residual salt and de-icing materials must be removed from equipment
and vehicles to the maximum extent practicable using dry cleaning methods
(e.g., shoveling and sweeping). Recovered materials are to be returned to
storage for reuse or properly discarded.
Rinsing of equipment, as noted in the above situation is limited to exterior,
undercarriage, and exposed parts and does not apply to engines or other enclosed
machinery.
9-5 STORMWATER REGULATIONS AND STORMWATER CONTROL
912 Rev. Ord. Supp. 10/2010
9-5 WILDLIFE FEEDING.
Refer to section 3-6.
9-6 CONTAINERIZED YARD WASTE.
Refer to Section 18-4.c.
(Ord. No. 2010-17 § 4)
9-7 LITTER CONTROL.
Refer to section 3-1.
9-8 PET WASTE.
Refer to section 6-3.
9-9 ENFORCEMENT.
This ordinance shall be enforced by the Harvey Cedars Police Department.
(Ord. No. 2006-01 § 1)
9-10 STORMWATER REGULATIONS AND STORMWATER CONTROL
913 Rev. Ord. Supp. 02/2021
9-10 STORMWATER CONTROL
9-10.1 Policy Statement
Flood control, groundwater recharge, and pollutant reduction shall be achieved through the
use of stormwater management measures, including green infrastructure Best Management
Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and
low impact development (LID) should be utilized to meet the goal of maintaining natural
hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and
groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based
upon physical site conditions and the origin, nature and the anticipated quantity, or amount,
of potential pollutants. Multiple stormwater management BMPs may be necessary to
achieve the established performance standards for water quality, quantity, and groundwater
recharge.
9-10.2 Purpose
The purpose of this ordinance is to establish minimum stormwater management
requirements and controls for “major development,” as defined in subsection 9-2, above.
9-10.3 Applicability
1. This ordinance shall be applicable to the following major developments:
a. Non-residential major developments; and
b. Aspects of residential major developments that are not pre-empted by the
Residential Site Improvement Standards at N.J.A.C. 5:21.
2. This ordinance shall also be applicable to all major developments undertaken by
Borough of Harvey Cedars.
9-10.4 Compatibility with Other Permit and Ordinance Requirements
Development approvals issued pursuant to this ordinance are to be considered an integral
part of development approvals and do not relieve the applicant of the responsibility to
secure required permits or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application, the provisions of this
ordinance shall be held to be the minimum requirements for the promotion of the public
health, safety, and general welfare.
This ordinance is not intended to interfere with, abrogate, or annul any other ordinances,
rule or regulation, statute, or other provision of law except that, where any provision of this
ordinance imposes restrictions different from those imposed by any other ordinance, rule
or regulation, or other provision of law, the more restrictive provisions or higher standards
shall control.
9-10 STORMWATER REGULATIONS AND STORMWATER CONTROL
914 Rev. Ord. Supp. 02/2021
9-10.5 Design and Performance Standards for Stormwater Management Measures
A. Stormwater management measures for major development shall be designed to provide
erosion control, groundwater recharge, stormwater runoff quantity control, and
stormwater runoff quality treatment as follows:
1. The minimum standards for erosion control are those established under the Soil and
Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C.
2:90.
2. The minimum standards for groundwater recharge, stormwater quality, and
stormwater runoff quantity shall be met by incorporating green infrastructure.
B. The standards in this ordinance apply only to new major development and are intended
to minimize the impact of stormwater runoff on water quality and water quantity in
receiving water bodies and maintain groundwater recharge. The standards do not apply
to new major development to the extent that alternative design and performance
standards are applicable under a regional stormwater management plan or Water
Quality Management Plan adopted in accordance with Department rules.
9-10.6 Stormwater Management Requirements for Major Development
A. The development shall incorporate a maintenance plan for the stormwater management
measures incorporated into the design of a major development in accordance with § 9-
10.12.
B. Stormwater management measures shall avoid adverse impacts of concentrated flow
on habitat for threatened and endangered species as documented in the Department’s
Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-
15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys
muhlnebergi (bog turtle).
C. The following linear development projects are exempt from the groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity requirements of § 9-10.6, P,
Q and R:
1. The construction of an underground utility line provided that the disturbed areas
are revegetated upon completion;
2. The construction of an aboveground utility line provided that the existing
conditions are maintained to the maximum extent practicable; and
3. The construction of a public pedestrian access, such as a sidewalk or trail with a
maximum width of 14 feet, provided that the access is made of permeable material.
D. A waiver from strict compliance from the green infrastructure, groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity requirements of § 9-10.6, P,
Q and R may be obtained for the enlargement of an existing public roadway or railroad;
or the construction or enlargement of a public pedestrian access, provided that the
following conditions are met:
9-10 STORMWATER REGULATIONS AND STORMWATER CONTROL
915 Rev. Ord. Supp. 02/2021
1. The applicant demonstrates that there is a public need for the project that cannot be
accomplished by any other means;
2. The applicant demonstrates through an alternative analysis, that through the use of
stormwater management measures, the option selected complies with the
requirements of § 9-10.6, O, P, Q and R to the maximum extent practicable;
3. The applicant demonstrates that, in order to meet the requirements of § 9-10.6, O,
P, Q and R, existing structures currently in use, such as homes and buildings,
would need to be condemned; and
4. The applicant demonstrates that it does not own or have other rights to areas,
including the potential to obtain through condemnation lands not falling under § 9-
10.6, D.3 above within the upstream drainage area of the receiving stream, that
would provide additional opportunities to mitigate the requirements of § 9-10.6, O,
P, Q and R that were not achievable onsite.
E. Tables 1 through 3 below summarize the ability of stormwater best management
practices identified and described in the New Jersey Stormwater Best Management
Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater
runoff quality and stormwater runoff quantity standards specified in § 9-10.6, O, P, Q
and R. When designed in accordance with the most current version of the New Jersey
Stormwater Best Management Practices Manual, the stormwater management
measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in
Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the
design and performance standards as outlined in the tables below. Upon amendments
of the New Jersey Stormwater Best Management Practices to reflect additions or
deletions of BMPs meeting these standards, or changes in the presumed performance
of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the
Department shall publish in the New Jersey Registers a notice of administrative change
revising the applicable table. The most current version of the BMP Manual can be
found on the Department’s website at:
https://njstormwater.org/bmp_manual2.htm
F. Where the BMP tables in the NJ Stormwater Management Rule are different due to
updates or amendments with the tables in this ordinance, the BMP Tables in the
Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
9-10 STORMWATER REGULATIONS AND STORMWATER CONTROL
916 Rev. Ord. Supp. 02/2021
Table1
GreenInfrastructureBMPsforGroundwaterRecharge,StormwaterRunoffQuality,and/or
StormwaterRunoffQuantity
BestManagement
Practice
StormwaterRunoff
QualityTSSRemoval
Rate(percent)
Stormwater
Runoff
Quantity
Groundwater
Recharge
MinimumSeparation
fromSeasonalHigh‐Water
Table(feet)
Cistern
0
Yes
No
‐‐
DryWell
(a)
0
No
Yes
2
GrassSwale
50orless
No
No
2
(e)
1
(f)
GreenRoof
0
Yes
No
‐‐
Manufactured
TreatmentDevice
(a)(g)
50or80
No
No
Dependentuponthe
device
PerviousPaving
System
(a)
80
Yes
Yes
(b)
No
(c)
2
(b)
1
(c)
Small‐Scale
BioretentionBasin
(a)
80or90
Yes
Yes
(b)
No
(c)
2
(b)
1
(c)
Small‐ScaleInfiltration
Basin
(a)
80
Yes
Yes
2
Small‐ScaleSandFilter
80
Yes
Yes
2
VegetativeFilterStrip
60‐80
No
No
‐‐
9-10 STORMWATER REGULATIONS AND STORMWATER CONTROL
917 Rev. Ord. Supp. 02/2021
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best
ManagementPractice
Stormwater
Runoff Quality
TSS Removal
Rate
(percent)
Stormwater
Runoff
Quantity
Groundwater
Recharge
Minimum
S
eparationfromSeasonalHigh
WaterTable
(feet)
BioretentionSystem
80or90
Yes
Yes
(b)
No
(c)
2
(b)
1
(c)
InfiltrationBasin
80
Yes
Yes
2
SandFilter
(b)
80
Yes
Yes
2
StandardConstructed
Wetland
90
Yes
No
N/A
WetPond
(d)
50‐90
Yes
No
N/A
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff
Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best
ManagementPractice
Stormwater
Runoff Quality
TSS Removal
Rate
(percent)
Stormwater
Runoff
Quantity
Groundwater
Recharge
Minimum
S
eparationfromSeasonalHigh
WaterTable
(feet)
BlueRoof
0
Yes
No
N/A
ExtendedDetentionBasin
40‐60
Yes
No
1
Manufactured Treatmen
t
Device
(h)
50 or 80
No
No
Dependent
upon the
device
Sand Filter
(c)
80
Yes
No
1
Subsurface Gravel Wetland
90
No
No
1
Wet Pond
50-90
Yes
No
N/A
9-10 STORMWATER REGULATIONS AND STORMWATER CONTROL
918 Rev. Ord. Supp. 02/2021
NotestoTables1,2,and3:
(a)subjecttotheapplicablecontributorydrainagearealimitationspecifiedat§9‐10.6,O.2;
(b)designedtoinfiltrate intothesubsoil;
(c)designedwithunderdrains;
(d)designedtomaintainatleasta10‐footwideareaofnativevegetationalongatleast
50
percent of the shoreline and to include a stormwater runoff retention component
designedtocapturestormwaterrunoffforbeneficialreuse,suchasirrigation;
(e)designedwithaslopeoflessthantwopercent;
(f)designedwithaslopeofequaltoorgreaterthantwopercent;
(g)manufacturedtreatmentdevices
thatmeetthedefinitionofgreeninfrastructureat§9‐2
;
(h)manufacturedtreatmentdevicesthatdonotmeetthedefini tion ofgreeninfrastructure
at§9‐10.6.
G. An alternative stormwater management measure, alternative removal rate, and/or
alternative method to calculate the removal rate may be used if the design engineer
demonstrates the capability of the proposed alternative stormwater management
measure and/or the validity of the alternative rate or method to the municipality. A
copy of any approved alternative stormwater management measure, alternative
removal rate, and/or alternative method to calculate the removal rate shall be provided
to the Department in accordance with § 9-10.8, B. Alternative stormwater management
measures may be used to satisfy the requirements at § 9-10.6, O only if the measures
meet the definition of green infrastructure at § 9-2. Alternative stormwater
management measures that function in a similar manner to a BMP listed at § 9-10.6,
O.2 are subject to the contributory drainage area limitation specified at § 9-10.6, O.2
for that similarly functioning BMP. Alternative stormwater management measures
approved in accordance with this subsection that do not function in a similar manner to
any BMP listed at § 9-10.6, O.2 shall have a contributory drainage area less than or
equal to 2.5 acres, except for alternative stormwater management measures that
function similarly to cisterns, grass swales, green roofs, standard constructed wetlands,
vegetative filter strips, and wet ponds, which are not subject to a contributory drainage
area limitation. Alternative measures that function similarly to standard constructed
wetlands or wet ponds shall not be used for compliance with the stormwater runoff
quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from
strict compliance in accordance with § 9-10.6, D is granted from § 9-10.6, O.
H. Whenever the stormwater management design includes one or more BMPs that will
infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact
on the groundwater table and design the site, so as to avoid adverse hydraulic impacts.
Potential adverse hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high-water table, so as to cause surficial ponding, flooding of
basements, or interference with the proper operation of subsurface sewage disposal
systems or other subsurface structures within the zone of influence of the groundwater
mound, or interference with the proper functioning of the stormwater management
measure itself.
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I. Design standards for stormwater management measures are as follows:
1. Stormwater management measures shall be designed to take into account the
existing site conditions, including, but not limited to, environmentally critical areas;
wetlands; flood-prone areas; slopes; depth to seasonal high-water table; soil type,
permeability, and texture; drainage area and drainage patterns; and the presence of
solution-prone carbonate rocks (limestone);
2. Stormwater management measures shall be designed to minimize maintenance,
facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall
be installed at the intake to the outlet structure, as appropriate, and shall have
parallel bars with one-inch spacing between the bars to the elevation of the water
quality design storm. For elevations higher than the water quality design storm, the
parallel bars at the outlet structure shall be spaced no greater than one-third the
width of the diameter of the orifice or one-third the width of the weir, with a
minimum spacing between bars of one inch and a maximum spacing between bars
of six inches. In addition, the design of trash racks must comply with the
requirements of § 9-10.10, C;
3. Stormwater management measures shall be designed, constructed, and installed to
be strong, durable, and corrosion resistant. Measures that are consistent with the
relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-
7.3, 7.4, and 7.5 shall be deemed to meet this requirement;
4. Stormwater management BMPs shall be designed to meet the minimum safety
standards for stormwater management BMPs at § 9-10.10; and
5. The size of the orifice at the intake to the outlet from the stormwater management
BMP shall be a minimum of two and one-half inches in diameter.
J. Manufactured treatment devices may be used to meet the requirements of this
subchapter, provided the pollutant removal rates are verified by the New Jersey
Corporation for Advanced Technology and certified by the Department. Manufactured
treatment devices that do not meet the definition of green infrastructure at § 9-2 may
be used only under the circumstances described at § 9-10.6, O.4.
K. Any application for a new agricultural development that meets the definition of major
development at § 9-2 shall be submitted to the Soil Conservation District for review
and approval in accordance with the requirements at § 9-10.6, O, P, Q and R and any
applicable Soil Conservation District guidelines for stormwater runoff quantity and
erosion control. For purposes of this subsection, "agricultural development" means
land uses normally associated with the production of food, fiber, and livestock for sale.
Such uses do not include the development of land for the processing or sale of food and
the manufacture of agriculturally related products.
L. If there is more than one drainage area, the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards at § 9-10.6, P, Q and R shall be met
in each drainage area, unless the runoff from the drainage areas converge onsite and no
adverse environmental impact would occur as a result of compliance with any one or
more of the individual standards being determined utilizing a weighted average of the
results achieved for that individual standard across the affected drainage areas.
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M. Any stormwater management measure authorized under the municipal stormwater
management plan or ordinance shall be reflected in a deed notice recorded in the Office
of the Ocean County Clerk.
A form of deed notice shall be submitted to the municipality for approval prior to filing.
The deed notice shall contain a description of the stormwater management measure(s)
used to meet the green infrastructure, groundwater recharge, stormwater runoff quality,
and stormwater runoff quantity standards at § 9-10.6, O, P, Q and R and shall identify
the location of the stormwater management measure(s) in NAD 1983 State Plane New
Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed
notice shall also reference the maintenance plan required to be recorded upon the deed
pursuant to § 9-10.12, B.5. Prior to the commencement of construction, proof that the
above required deed notice has been filed shall be submitted to the municipality. Proof
that the required information has been recorded on the deed shall be in the form of
either a copy of the complete recorded document or a receipt from the clerk or other
proof of recordation provided by the recording office. However, if the initial proof
provided to the municipality is not a copy of the complete recorded document, a copy
of the complete recorded document shall be provided to the municipality within 180
calendar days of the authorization granted by the municipality.
N. A stormwater management measure approved under the municipal stormwater
management plan or ordinance may be altered or replaced with the approval of the
municipality, if the municipality determines that the proposed alteration or replacement
meets the design and performance standards pursuant to § 9-10.6 of this ordinance and
provides the same level of stormwater management as the previously approved
stormwater management measure that is being altered or replaced. If an alteration or
replacement is approved, a revised deed notice shall be submitted to the municipality
for approval and subsequently recorded with the Office of the Ocean County Clerk and
shall contain a description and location of the stormwater management measure, as well
as reference to the maintenance plan, in accordance with M above. Prior to the
commencement of construction, proof that the above required deed notice has been
filed shall be submitted to the municipality in accordance with M above.
O. Green Infrastructure Standards
1. This subsection specifies the types of green infrastructure BMPs that may be used
to satisfy the groundwater recharge, stormwater runoff quality, and stormwater
runoff quantity standards.
2. To satisfy the groundwater recharge and stormwater runoff quality standards at § 9-
10.6, P and Q, the design engineer shall utilize green infrastructure BMPs
identified in Table 1 at § 9-10.6, F. and/or an alternative stormwater management
measure approved in accordance with § 9-10.6, G. The following green
infrastructure BMPs are subject to the following maximum contributory drainage
area limitations:
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BestManagement
Practice
MaximumContributoryDrainage
Area
DryWell 1acre
ManufacturedTreatmentDevice 2.5acres
PerviousPavementSystems
Areaofadditionalinflowcannot
exceedthreetimesthearea
occupiedbytheBMP
Small‐scaleBioretentionSystems 2.5acres
Small‐scaleInfiltrationBasin 2.5acres
Small‐scaleSandFilter 2.5acres
3. To satisfy the stormwater runoff quantity standards at § 9-10.6, R, the design
engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative
stormwater management measure approved in accordance with § 9-10.6, G.
4. If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance
in accordance with § 9-10.6, D is granted from the requirements of this subsection,
then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management
measure approved in accordance with § 9-10.6, G may be used to meet the
groundwater recharge, stormwater runoff quality, and stormwater runoff quantity
standards at § 9-10.6, P, Q and R.
5. For separate or combined storm sewer improvement projects, such as sewer
separation, undertaken by a government agency or public utility (for example, a
sewerage company), the requirements of this subsection shall only apply to areas
owned in fee simple by the government agency or utility, and areas within a right-
of-way or easement held or controlled by the government agency or utility; the
entity shall not be required to obtain additional property or property rights to fully
satisfy the requirements of this subsection. Regardless of the amount of area of a
separate or combined storm sewer improvement project subject to the green
infrastructure requirements of this subsection, each project shall fully comply with
the applicable groundwater recharge, stormwater runoff quality control, and
stormwater runoff quantity standards at § 9-10.6, P, Q and R, unless the project is
granted a waiver from strict compliance in accordance with § 9-10.6, D.
P. Groundwater Recharge Standards
1. This subsection contains the minimum design and performance standards for
groundwater recharge as follows:
2. The design engineer shall, using the assumptions and factors for stormwater runoff
and groundwater recharge calculations at § 9-10.7, either:
i. Demonstrate through hydrologic and hydraulic analysis that the site and its
stormwater management measures maintain 100 percent of the average annual
pre-construction groundwater recharge volume for the site; or
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ii. Demonstrate through hydrologic and hydraulic analysis that the increase of
stormwater runoff volume from pre-construction to post-construction for the 2-
year storm is infiltrated.
3. This groundwater recharge requirement does not apply to projects within the “urban
redevelopment area,” or to projects subject to 4 below.
4. The following types of stormwater shall not be recharged:
i. Stormwater from areas of high pollutant loading. High pollutant loading areas
are areas in industrial and commercial developments where solvents and/or
petroleum products are loaded/unloaded, stored, or applied, areas where
pesticides are loaded/unloaded or stored; areas where hazardous materials are
expected to be present in greater than “reportable quantities” as defined by the
United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas
where recharge would be inconsistent with Department approved remedial
action work plan or landfill closure plan and areas with high risks for spills of
toxic materials, such as gas stations and vehicle maintenance facilities; and
ii. Industrial stormwater exposed to “source material.” “Source material” means
any material(s) or machinery, located at an industrial facility, that is directly or
indirectly related to process, manufacturing or other industrial activities, which
could be a source of pollutants in any industrial stormwater discharge to
groundwater. Source materials include, but are not limited to, raw materials;
intermediate products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that are related to
process, manufacturing, or other industrial activities that are exposed to
stormwater.
Q. Stormwater Runoff Quality Standards
1. This subsection contains the minimum design and performance standards to control
stormwater runoff quality impacts of major development. Stormwater runoff
quality standards are applicable when the major development results in an increase
of one-quarter acre or more of regulated motor vehicle surface.
2. Stormwater management measures shall be designed to reduce the post-
construction load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
i. Eighty percent TSS removal of the anticipated load, expressed as an annual
average shall be achieved for the stormwater runoff from the net increase of
motor vehicle surface.
ii. If the surface is considered regulated motor vehicle surface because the water
quality treatment for an area of motor vehicle surface that is currently receiving
water quality treatment either by vegetation or soil, by an existing stormwater
management measure, or by treatment at a wastewater treatment plant is to be
modified or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
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3. The requirement to reduce TSS does not apply to any stormwater runoff in a
discharge regulated under a numeric effluent limitation for TSS imposed under the
New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C.
7:14A, or in a discharge specifically exempt under a NJPDES permit from this
requirement. Every major development, including any that discharge into a
combined sewer system, shall comply with 2 above, unless the major development
is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or
the NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
4. The water quality design storm is 1.25 inches of rainfall in two hours. Water quality
calculations shall take into account the distribution of rain from the water quality
design storm, as reflected in Table 4, below. The calculation of the volume of
runoff may take into account the implementation of stormwater management
measures.
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Table 4 - Water Quality Design Storm Distribution
9-10 STORMWATER REGULATIONS AND STORMWATER CONTROL
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5. If more than one BMP in series is necessary to achieve the required 80 percent TSS
reduction for a site, the applicant shall utilize the following formula to calculate
TSS reduction:
R = A + B – (A x B) / 100,
Where
R = total TSS Percent Load Removal from application of both BMPs, and
A = the TSS Percent Removal Rate applicable to the first BMP
B = the TSS Percent Removal Rate applicable to the second BMP.
6. Stormwater management measures shall also be designed to reduce, to the
maximum extent feasible, the post-construction nutrient load of the anticipated load
from the developed site in stormwater runoff generated from the water quality
design storm. In achieving reduction of nutrients to the maximum extent feasible,
the design of the site shall include green infrastructure BMPs that optimize nutrient
removal while still achieving the performance standards in § 9-10.6, P, Q and R.
7. In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater
management measures shall be designed to prevent any increase in stormwater
runoff to waters classified as FW1.
8. The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-
foot riparian zones along Category One waters, as designated in the Surface Water
Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category
One waters. A person shall not undertake a major development that is located
within or discharges into a 300-foot riparian zone without prior authorization from
the Department under N.J.A.C. 7:13.
9. Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i,
runoff from the water quality design storm that is discharged within a 300-foot
riparian zone shall be treated in accordance with this subsection to reduce the post-
construction load of total suspended solids by 95 percent of the anticipated load
from the developed site, expressed as an annual average.
10. This stormwater runoff quality standards do not apply to the construction of one
individual single-family dwelling, provided that it is not part of a larger
development or subdivision that has received preliminary or final site plan approval
prior to December 3, 2018, and that the motor vehicle surfaces are made of
permeable material(s) such as gravel, dirt, and/or shells.
R. Stormwater Runoff Quantity Standards
1. This subsection contains the minimum design and performance standards to control
stormwater runoff quantity impacts of major development.
2. In order to control stormwater runoff quantity impacts, the design engineer shall,
using the assumptions and factors for stormwater runoff calculations at § 9-10.7,
complete one of the following:
i. Demonstrate through hydrologic and hydraulic analysis that for stormwater
leaving the site, post-construction runoff hydrographs for the 2-, 10-, and 100-
year storm events do not exceed, at any point in time, the pre-construction
runoff hydrographs for the same storm events;
9-10 STORMWATER REGULATIONS AND STORMWATER CONTROL
926 Rev. Ord. Supp. 02/2010
ii. Demonstrate through hydrologic and hydraulic analysis that there is no
increase, as compared to the pre-construction condition, in the peak runoff rates
of stormwater leaving the site for the 2-, 10- and 100-year storm events and that
the increased volume or change in timing of stormwater runoff will not increase
flood damage at or downstream of the site. This analysis shall include the
analysis of impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
iii. Design stormwater management measures so that the post-construction peak
runoff rates for the 2-, 10- and 100-year storm events are 50, 75 and 80 percent,
respectively, of the pre-construction peak runoff rates. The percentages apply
only to the post-construction stormwater runoff that is attributable to the portion
of the site on which the proposed development or project is to be constructed;
or
iv. In tidal flood hazard areas, stormwater runoff quantity analysis in accordance
with 2.i, ii and iii above is required unless the design engineer demonstrates
through hydrologic and hydraulic analysis that the increased volume, change in
timing, or increased rate of the stormwater runoff, or any combination of the
three will not result in additional flood damage below the point of discharge of
the major development. No analysis is required if the stormwater is discharged
directly into any ocean, bay, inlet, or the reach of any watercourse between its
confluence with an ocean, bay, or inlet and downstream of the first water
control structure.
3. The stormwater runoff quantity standards shall be applied at the site’s boundary to
each abutting lot, roadway, watercourse, or receiving storm sewer system.
9-10.7 Calculation of Stormwater Runoff and Groundwater Recharge
A. Stormwater runoff shall be calculated in accordance with the following:
1. The design engineer shall calculate runoff using one of the following methods:
i. The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as
described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National
Engineering Handbook, incorporated herein by reference as amended and
supplemented. This methodology is additionally described in Technical
Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986,
incorporated herein by reference as amended and supplemented. Information
regarding the methodology is available from the Natural Resources
Conservation Service website at:
https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf
or at United States Department of Agriculture Natural Resources Conservation
Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
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ii. The Rational Method for peak flow and the Modified Rational Method for
hydrograph computations. The rational and modified rational methods are
described in "Appendix A-9 Modified Rational Method" in the Standards for
Soil Erosion and Sediment Control in New Jersey, January 2014. This
document is available from the State Soil Conservation Committee or any of
the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location,
address, and telephone number for each Soil Conservation District is available
from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey
08625. The document is also available at:
http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlSta
ndardsComplete.pdf
2. For the purpose of calculating runoff coefficients and groundwater recharge, there
is a presumption that the pre-construction condition of a site or portion thereof is a
wooded land use with good hydrologic condition. The term “runoff coefficient”
applies to both the NRCS methodology above at § 9-10.7, A.1.i and the Rational
and Modified Rational Methods at § 9-10.7, A.1.ii. A runoff coefficient or a
groundwater recharge land cover for an existing condition may be used on all or a
portion of the site if the design engineer verifies that the hydrologic condition has
existed on the site or portion of the site for at least five years without interruption
prior to the time of application. If more than one land cover have existed on the
site during the five years immediately prior to the time of application, the land cover
with the lowest runoff potential shall be used for the computations. In addition,
there is the presumption that the site is in good hydrologic condition (if the land use
type is pasture, lawn, or park), with good cover (if the land use type is woods), or
with good hydrologic condition and conservation treatment (if the land use type is
cultivation).
3. In computing pre-construction stormwater runoff, the design engineer shall account
for all significant land features and structures, such as ponds, wetlands, depressions,
hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates
and volumes.
4. In computing stormwater runoff from all design storms, the design engineer shall
consider the relative stormwater runoff rates and/or volumes of pervious and
impervious surfaces separately to accurately compute the rates and volume of
stormwater runoff from the site. To calculate runoff from unconnected impervious
cover, urban impervious area modifications as described in the NRCS Technical
Release 55 – Urban Hydrology for Small Watersheds or other methods may be
employed.
5. If the invert of the outlet structure of a stormwater management measure is below
the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design
engineer shall take into account the effects of tailwater in the design of structural
stormwater management measures.
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B. Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as
amended and supplemented. Information regarding the methodology is available from
the New Jersey Stormwater Best Management Practices Manual; at the New Jersey
Geological Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail
Code 29-01, Trenton, New Jersey 08625-0420.
9-10.8 Sources for Technical Guidance
A. Technical guidance for stormwater management measures can be found in the
documents listed below, which are available to download from the Department’s
website at:
http://www.nj.gov/dep/stormwater/bmp_manual2.htm
1. Guidelines for stormwater management measures are contained in the New Jersey
Stormwater Best Management Practices Manual, as amended and supplemented.
Information is provided on stormwater management measures such as, but not
limited to, those listed in Tables 1, 2, and 3.
2. Additional maintenance guidance is available on the Department’s website at:
https://www.njstormwater.org/maintenance_guidance.htm
B. Submissions required for review by the Department should be mailed to:
The Division of Water Quality, New Jersey Department of Environmental Protection,
Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
9-10.9 Solids and Floatable Materials Control Standards
A. Site design features identified under § 9-10.6, F above, or alternative designs in
accordance with § 9-10.6, G above, to prevent discharge of trash and debris from
drainage systems 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 sediment, debris, trash, and other floating,
suspended, or settleable solids. For exemptions to this standard see § 9-10.9, A.2
below.
1. Design engineers shall use one of the following grates whenever they use a grate in
pavement or another ground surface to collect stormwater from that surface into a
storm drain or surface water body under that grate:
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i. 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; or
ii. A different grate, if each individual clear space in that grate has an area of no
more than seven (7.0) square inches, or is no greater than 0.5 inches across the
smallest dimension.
Examples of grates subject to this standard include grates in 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 stormwater system floors used to collect
stormwater from the surface into a storm drain or surface water body.
iii. For curb-opening inlets, including curb-opening inlets in combination inlets,
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
(7.0) square inches, or be no greater than two (2.0) inches across the smallest
dimension.
2. The standard in A.1. above does not apply:
i. Where each individual clear space in the curb opening in existing curb-opening
inlet does not have an area of more than nine (9.0) square inches;
ii. Where the municipality agrees that the standards would cause inadequate
hydraulic performance that could not practicably be overcome by using
additional or larger storm drain inlets;
iii. Where flows from the water quality design storm as specified in N.J.A.C. 7:8
are conveyed through any device (e.g., end of pipe netting facility,
manufactured treatment device, or a catch basin hood) that is designed, at a
minimum, to prevent delivery of all solid and floatable materials that could not
pass through one of the following:
a. A rectangular space four and five-eighths (4.625) inches long and one and
one-half (1.5) inches wide (this option does not apply for outfall netting
facilities); or
b. A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement of requirements
in the Residential Site Improvement Standards for bicycle safe grates in new
residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
iv. Where flows are conveyed through a trash rack that has parallel bars with one-
inch (1 inch) spacing between the bars, to the elevation of the Water Quality
Design Storm as specified in N.J.A.C. 7:8; or
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v. Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at 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.
9-10.10 Safety Standards for Stormwater Management Basins
A. This section sets forth requirements to protect public safety through the proper design
and operation of stormwater management BMPs. This section applies to any new
stormwater management BMP.
B. The provisions of this section are not intended to preempt more stringent municipal or
county safety requirements for new or existing stormwater management BMPs.
Municipal and county stormwater management plans and ordinances may, pursuant to
their authority, require existing stormwater management BMPs to be retrofitted to meet
one or more of the safety standards in § 9-10.10, C for trash racks, overflow grates, and
escape provisions at outlet structures.
C. Requirements for Trash Racks, Overflow Grates and Escape Provisions
1. A trash rack is a device designed to catch trash and debris and prevent the clogging
of outlet structures. Trash racks shall be installed at the intake to the outlet from
the Stormwater management BMP to ensure proper functioning of the BMP outlets
in accordance with the following:
i. The trash rack shall have parallel bars, with no greater than six-inch spacing
between the bars;
ii. The trash rack shall be designed so as not to adversely affect the hydraulic
performance of the outlet pipe or structure;
iii. The average velocity of flow through a clean trash rack is not to exceed 2.5 feet
per second under the full range of stage and discharge. Velocity is to be
computed on the basis of the net area of opening through the rack; and
iv. The trash rack shall be constructed of rigid, durable, and corrosion resistant
material and designed to withstand a perpendicular live loading of 300 pounds
per square foot.
2. An overflow grate is designed to prevent obstruction of the overflow structure. If
an outlet structure has an overflow grate, such grate shall meet the following
requirements:
i. The overflow grate shall be secured to the outlet structure but removable for
emergencies and maintenance.
ii. The overflow grate spacing shall be no less than two inches across the smallest
dimension
iii. The overflow grate shall be constructed and installed to be rigid, durable, and
corrosion resistant, and shall be designed to withstand a perpendicular live
loading of 300 pounds per square foot.
9-10 STORMWATER REGULATIONS AND STORMWATER CONTROL
931 Rev. Ord. Supp. 02/2021
3. Stormwater management BMPs shall include escape provisions as follows:
i. If a stormwater management BMP has an outlet structure, escape provisions
shall be incorporated in or on the structure. Escape provisions include the
installation of permanent ladders, steps, rungs, or other features that provide
easily accessible means of egress from stormwater management BMPs. With
the prior approval of the municipality pursuant to § 9-10.10, C, a free-standing
outlet structure may be exempted from this requirement;
ii. Safety ledges shall be constructed on the slopes of all new stormwater
management BMPs having a permanent pool of water deeper than two and one-
half feet. Safety ledges shall be comprised of two steps. Each step shall be four
to six feet in width. One step shall be located approximately two and one-half
feet below the permanent water surface, and the second step shall be located
one to one and one-half feet above the permanent water surface. See § 9-10.10,
E for an illustration of safety ledges in a stormwater management BMP; and
iii. In new stormwater management BMPs, the maximum interior slope for an
earthen dam, embankment, or berm shall not be steeper than three horizontal to
one vertical.
D. Variance or Exemption from Safety Standard
A variance or exemption from the safety standards for stormwater management BMPs
may be granted only upon a written finding by the municipality that the variance or
exemption will not constitute a threat to public safety.
E. Safety Ledge Illustration
Elevation View –Basin Safety Ledge Configuration
9-10 STORMWATER REGULATIONS AND STORMWATER CONTROL
932 Rev. Ord. Supp. 02/2021
9-10.11 Requirements for a Site Development Stormwater Plan
A. Submission of Site Development Stormwater Plan
1. Whenever an applicant seeks municipal approval of a development subject to this
ordinance, the applicant shall submit all of the required components of the Checklist
for the Site Development Stormwater Plan at § 9-10.11, C below as part of the
submission of the application for approval.
2. The applicant shall demonstrate that the project meets the standards set forth in this
ordinance.
3. The applicant shall submit eighteen (18) copies of the materials listed in the
checklist for site development stormwater plans in accordance with § 9-10.11, C of
this ordinance.
B. Site Development Stormwater Plan Approval
The applicant's Site Development project shall be reviewed as a part of the review
process by the municipal board or official from which municipal approval is sought.
That municipal board or official shall consult the municipality’s review engineer to
determine if all of the checklist requirements have been satisfied and to determine if
the project meets the standards set forth in this ordinance.
C. Submission of Site Development Stormwater Plan
The following information shall be required:
1. Topographic Base Map
The reviewing engineer may require upstream tributary drainage system
information as necessary. It is recommended that the topographic base map of the
site be submitted which extends a minimum of 200 feet beyond the limits of the
proposed development, at a scale of 1"=200' or greater, showing 2-foot contour
intervals. The map as appropriate may indicate the following: existing surface
water drainage, shorelines, steep slopes, soils, erodible soils, perennial or
intermittent streams that drain into or upstream of the Category One waters,
wetlands and flood plains along with their appropriate buffer strips, marshlands and
other wetlands, pervious or vegetative surfaces, existing man-made structures,
roads, bearing and distances of property lines, and significant natural and manmade
features not otherwise shown.
2. Environmental Site Analysis
A written and graphic description of the natural and man-made features of the site
and its surroundings should be submitted. This description should include a
discussion of soil conditions, slopes, wetlands, waterways and vegetation on the
site. Particular attention should be given to unique, unusual, or environmentally
sensitive features and to those that provide particular opportunities or constraints
for development.
9-10 STORMWATER REGULATIONS AND STORMWATER CONTROL
933 Rev. Ord. Supp. 02/2021
3. Project Description and Site Plans
A map (or maps) at the scale of the topographical base map indicating the location
of existing and proposed buildings roads, parking areas, utilities, structural facilities
for stormwater management and sediment control, and other permanent structures.
The map(s) shall also clearly show areas where alterations will occur in the natural
terrain and cover, including lawns and other landscaping, and seasonal high
groundwater elevations. A written description of the site plan and justification for
proposed changes in natural conditions shall also be provided.
4. Land Use Planning and Source Control Plan
This plan shall provide a demonstration of how the goals and standards of § 9-10.5
through § 9-10.6 are being met. The focus of this plan shall be to describe how the
site is being developed to meet the objective of controlling groundwater recharge,
stormwater quality and stormwater quantity problems at the source by land
management and source controls whenever possible.
5. Stormwater Management Facilities Map
The following information, illustrated on a map of the same scale as the topographic
base map, shall be included:
i. Total area to be disturbed, paved or built upon, proposed surface contours, land
area to be occupied by the stormwater management facilities and the type of
vegetation thereon, and details of the proposed plan to control and dispose of
stormwater.
ii. Details of all stormwater management facility designs, during and after
construction, including discharge provisions, discharge capacity for each outlet
at different levels of detention and emergency spillway provisions with
maximum discharge capacity of each spillway.
6. Calculations
i. Comprehensive hydrologic and hydraulic design calculations for the pre-
development and post-development conditions for the design storms specified
in § 9-10.6 of this ordinance.
ii. When the proposed stormwater management control measures depend on the
hydrologic properties of soils or require certain separation from the seasonal
high water table, then a soils report shall be submitted. The soils report shall
be based on onsite boring logs or soil pit profiles. The number and location of
required soil borings or soil pits shall be determined based on what is needed to
determine the suitability and distribution of soils present at the location of the
control measure.
7. Maintenance and Repair Plan
The design and planning of the stormwater management facility shall meet the
maintenance requirements of § 9-10.12.
9-10 STORMWATER REGULATIONS AND STORMWATER CONTROL
934 Rev. Ord. Supp. 02/2021
8. Waiver from Submission Requirements
The municipal official or board reviewing an application under this ordinance may,
in consultation with the municipality’s review engineer, waive submission of any
of the requirements in § 9-10.11, C.1 through § 9-10.11, C.6 of this ordinance when
it can be demonstrated that the information requested is impossible to obtain or it
would create a hardship on the applicant to obtain and its absence will not
materially affect the review process.
9-10.12 Maintenance and Repair
A. Applicability
Projects subject to review as in § 9-10.3 of this ordinance shall comply with the
requirements of § 9-10.12, B and § 9-10.12, C.
B. General Maintenance
1. The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2. The maintenance plan shall contain specific preventative maintenance tasks and
schedules; cost estimates, including estimated cost of sediment, debris, or trash
removal; and the name, address, and telephone number of the person or persons
responsible for preventative and corrective maintenance (including replacement).
The plan shall contain information on BMP location, design, ownership,
maintenance tasks and frequencies, and other details as specified in Chapter 8 of
the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described
in the applicable chapter containing design specifics.
3. If the maintenance plan identifies a person other than the property owner (for
example, a developer, a public agency or homeowners' association) as having the
responsibility for maintenance, the plan shall include documentation of such
person's or entity’s agreement to assume this responsibility, or of the owner's
obligation to dedicate a stormwater management facility to such person under an
applicable ordinance or regulation.
4. Responsibility for maintenance shall not be assigned or transferred to the owner or
tenant of an individual property in a residential development or project, unless such
owner or tenant owns or leases the entire residential development or project. The
individual property owner may be assigned incidental tasks, such as weeding of a
green infrastructure BMP, provided the individual agrees to assume these tasks;
however, the individual cannot be legally responsible for all of the maintenance
required.
5. If the party responsible for maintenance identified under § 9-10.12, B.3 above is
not a public agency, the maintenance plan and any future revisions based on § 9-
10.12, B.7 below shall be recorded upon the deed of record for each property on
which the maintenance described in the maintenance plan must be undertaken.
9-10 STORMWATER REGULATIONS AND STORMWATER CONTROL
935 Rev. Ord. Supp. 02/2021
6. Preventative and corrective maintenance shall be performed to maintain the
functional parameters (storage volume, infiltration rates, inflow/outflow capacity,
etc.).of the stormwater management measure, including, but not limited to, repairs
or replacement to the structure; removal of sediment, debris, or trash; restoration of
eroded areas; snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of non-vegetated linings.
7. The party responsible for maintenance identified under § 9-10.12, B.3 above shall
perform all of the following requirements:
i. maintain a detailed log of all preventative and corrective maintenance for the
structural stormwater management measures incorporated into the design of the
development, including a record of all inspections and copies of all
maintenance-related work orders;
ii. evaluate the effectiveness of the maintenance plan at least once per year and
adjust the plan and the deed as needed; and
iii. retain and make available, upon request by any public entity with
administrative, health, environmental, or safety authority over the site, the
maintenance plan and the documentation required by § 9-10.12, B.6 and B.7
above.
8. The requirements of § 9-10.12, B.3 and B.4 do not apply to stormwater
management facilities that are dedicated to and accepted by the municipality or
another governmental agency, subject to all applicable municipal stormwater
general permit conditions, as issued by the Department.
Maintenance and inspection guidance can be found on the Department’s website
at:
https://www.njstormwater.org/maintenance_guidance.htm.
9. In the event that the stormwater management facility becomes a danger to public
safety or public health, or if it is in need of maintenance or repair, the municipality
shall so notify the responsible person in writing. Upon receipt of that notice, the
responsible person shall have fourteen (14) days to effect maintenance and repair
of the facility in a manner that is approved by the municipal engineer or his
designee. The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible person fails or
refuses to perform such maintenance and repair, the municipality or County may
immediately proceed to do so and shall bill the cost thereof to the responsible
person. Nonpayment of such bill may result in a lien on the property.
C. Nothing in this subsection shall preclude the municipality in which the major
development is located from requiring the posting of a performance or maintenance
guarantee in accordance with N.J.S.A. 40:55D-53
9-10 STORMWATER REGULATIONS AND STORMWATER CONTROL
936 Rev. Ord. Supp. 02/2021
9-10.13 Penalties
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any
building, structure or land in violation of this article shall be subject to the general penalty
provisions of Chapter 3 of the Code of the Borough of Harvey Cedars and a fine not to
exceed $2,000.
9-10.14 Fees
The following fees shall apply to this chapter:
1. Subsurface Infiltration System Review and Inspection Fee $400.00
Reference is made to the following chapter where fees may apply: Chapter 14 Land Use
Procedures; Chapter 15 Site Plan Review and Chapter 16 Land Subdivision.
9-10.15 Effective Date
This article shall take effect immediately upon the approval by the County review agency,
or 60 days from the receipt of the ordinance by the county review agency if the county
review agency fail to act.
9-10.16 Severability
If the provision of any section, subsection, paragraph, subdivision, or clause of this article
shall be judged invalid by a court of competent jurisdiction, such order shall not affect or
invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of
this article
9-10.17 Waivers
A. A waiver from strict compliance with the requirements of § 9-10.5, F and § 9-10.6, G
may be issued in those cases where an applicant has demonstrated the inability or
impracticality of strict compliance, other than projects addressed under § 9-10.5 with
the stormwater management requirements set forth in N.J.A.C. 7:8, in an adopted
regional stormwater management plan, or in a local ordinance which is as strict as
N.J.A.C. 7:8. A waiver from strict compliance for such projects can only be obtained
if the applicant agrees to undertake a suitable mitigation measure identified in the
mitigation section of the municipality's stormwater management plan. In such cases,
the applicant must submit a mitigation plan detailing how the project's failure to strictly
comply will be compensated. In cases where a waiver is granted, an applicant should
provide mitigation, if possible and/or practical within the same HUC-14 watershed
within which the subject project is proposed, or contribute funding toward a regional
stormwater control project, or provide for equivalent treatment at an alternate location,
or other equivalent water quality benefit, in lieu of implementing the required
stormwater control measures on his specific site.
9-10 STORMWATER REGULATIONS AND STORMWATER CONTROL
937 Rev. Ord. Supp. 02/2021
Any project considered major development does not need a waiver if alternative design
standards that are at least as protective as would be achieved through N.J.A.C. 7:8 are
applicable under a regional stormwater plan or a water quality management plan. The
Borough may also grant a variance or exemption from the design and performance
standards for stormwater management measures set forth in the plan and ordinance,
provided the plan include a mitigation plan and the Borough submits a written report
to the county review agency describing the variance or exemption and required
mitigation.
B. Any project that is defined as minor development is exempt from strict compliance
with this chapter and does not need a waiver. However, minor development, which
includes all residential construction on individual lots, shall provide stormwater control
as follows:
1. Install leaders and gutters on all roof areas.
2. Install one linear foot of twelve-inch perforated drainage pipe per 100 square foot
of building coverage in a stone trench and connect same to the roof leaders as shown
on Detail A, entitled "Subsurface Infiltration System."
3. In order to insure proper drainage and to avoid impacts to neighboring properties,
all residential construction is required to maintain proper drainage. In lots that
require fill, a drainage system of perforated piping shall be installed to provide
positive drainage and discharge to the municipal street. The developer of any lot
may install a drainage system on one or both sides of the structure and all roof
leaders shall be tied into the system for positive discharge at the roadway. Roof
leaders on lagoon or bayfront lots may be discharged directly to the lagoon or bay
via an individualized piping system. Detail B for lots West of Long Beach
Boulevard and Detail C for lots East of Long Beach Boulevard are provided at the
end of this chapter.
4. All retaining walls shall be installed with an impermeable barrier to avoid seepage
of water through the walls.
5. A plot plan showing all grading and drainage shall be submitted for review.
6. Retaining walls and fill must be installed prior to construction.
(Ord. No. 2021-02 § 2)
9-11 STORMWATER REGULATIONS AND STORMWATER CONTROL
938 Rev. Ord. Supp. 02/2021
9-11 PRIVATE STORM DRAIN INLET RETROFITTING
9-11.1 Purpose
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(s)
operated by the Borough of Harvey Cedars so as to protect public health, safety and
welfare, and to prescribe penalties for the failure to comply.
9-11.2 Prohibited Conduct
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 any surface that is in direct contact with an existing
storm drain inlet on that property unless the storm drain inlet either:
1. Already meets the design standard below to control passage of solid and floatable
materials; or
2. Is retrofitted or replaced to meet the standard below prior to the completion of the
project.
9-11.3 Design Standard
Storm drain inlets identified in Section 9-11.2 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 sediment, debris, trash,
and other floating, suspended, or settleable solids. For exemptions to this standard see
below.
1. Design engineers shall use either of the following grates whenever they use a grate in
pavement or another ground surface to collect stormwater from that surface into a storm
drain or surface water body under that grate:
a. 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
b. A different grate, if each individual clear space in that grate has an area of no more
than (7.0) square inches, or is no greater than 0.5 inches across the smallest
dimension.
Examples of grates subject to this standard include grates in 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
stormwater basin floors.
9-11 STORMWATER REGULATIONS AND STORMWATER CONTROL
939 Rev. Ord. Supp. 02/2021
2. 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 (7.0) square inches, or be no greater
than two (2.0) inches across the smallest dimension.
3. Exemptions. This standard does not apply:
a. 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;
b. Where flows are conveyed through any device (e.g. end of pipe netting facility,
manufactured treatment device, or a catch basin hood) that is designed, at a
minimum, to prevent delivery of all solid and floatable materials that could not pass
through one of the following:
i. A rectangular space four and five-eighths inches long and one and one-half
inches wide (this option does not apply for outfall netting facilities); or
ii. A bar screen having a bar spacing of 0.5 inches.
c. Where flows are conveyed through a trash rack that has parallel bars with one-inch
(1”) spacing between the bars; or
d. Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at NJAC 7:4-7.2(c),
that action to meet this standard is an undertaking that constitutes an encroachment
of will damage or destroy the New Jersey Register listed historic property.
9-11.4 Penalties
Each person violating any of the provisions of this section shall, upon conviction thereof,
be liable to the penalty stated in Chapter III, section 3-9.
(Ord. No. 2010-17 § 5)
9-12 STORMWATER REGULATIONS AND STORMWATER CONTROL
940 Rev. Ord. Supp. 02/2021
9-12 REFUSE CONTAINERS / DUMPSTERS
9-12.1 Purpose
An ordinance requiring 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(s) operated by the Borough of Harvey Cedars 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.
9-12.2 Prohibited Conduct
Any person who controls, whether owned, 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.
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
Harvey Cedars.
Refer to section 3-1.20 for additional litter container regulations.
9-12.3 Exceptions to Prohibition.
a. Litter receptacles (other than dumpsters or individual homeowner containers)
b. Refuse containers at facilities authorized to discharge stormwater under a valid
NJPDES permit
c. Large bulky items (e.g. furniture, bound carpet and padding, white goods placed
curbside for pickup)
9-12.4 Penalties
Each person violating any of the provisions of this section shall, upon conviction thereof,
be liable to the penalty stated in Chapter III, section 3-9.
(Ord. No. 2010-17 § 5)
941 Rev. Ord. Supp. 02/2017
DETAIL “A” – SUBSURFACE INFILTRATION SYSTEM
942 Rev. Ord. Supp. 04/2020
(Ord. No. 2020-07 § 2)
943 Rev. Ord. Supp. 04/2020
(Ord. No. 2020-07 § 2)
1001
CHAPTER X
WATERFRONT REGULATIONS
10-1 BEACH PROTECTION.
10-1.1 Declaration.
a. It has been clearly demonstrated that well established and protected sand dunes, together
with berms, beaches and underwater slopes of suitable configuration and or proper grade
and heights, are a durable and effective protection against high tides and flooding, and
against damage by the ocean under storm conditions, and are the natural protections of
the coastal areas adjacent thereto, and the State and its subdivisions and their habitants
have an interest in the continued protection thereof, and in the right to restore them in the
event of damage or destruction.
b. The dunes are vulnerable to erosion by both wind and water, but primarily wind, since its
attacks against the dunes are sustained for substantial and frequently recurring periods of
time, whereas, if protected by typical berms, beaches and underwater slops, the dunes are
attacked by water only at infrequent intervals. The best available means of protecting the
dunes against wind erosion is by preventing indiscriminate trespassing, construction or
other acts which might destroy or damage the dunes, and through the use of native
plantings, supplemented by sand fencing and other devices designed to prevent the free
blowing of sand and the maintenance of the surface tensions, root accumulations, normal
contours and other features found in typical natural dunes.
c. The immediate dune and beach area is not capable of rigid definition, or delineation, or of
completely firm stabilization, so that particular site, at one time free of dunes, may, as the
result of natural forces, become part of the dune area necessary for the continuation of the
protection above outlined, and persons purchasing or owning such property do so subject
to the public interest therein.
d. It is a purpose of this section to define the areas so affected and to establish regulations to
assure their continued effectiveness. This section is declared to be an exercise of the
police power in the interest of safety and welfare and for the protection of persons and
property.
e. The erosion of the beachfront during the storm of March 6
th
and 7
th
, 1962, created as
immediate and imminent threat and danger to life of persons and property in the borough
by reasons of the destruction of the sand barriers which protect the borough’s oceanfront
to the end that it becomes necessary to the health, safety and welfare of the borough to
repair, restore, replace or construct protective barriers on both public and private property
within the borough.
10-1 WATERFRONT REGULATIONS
1002 Rev. Ord. Supp. 07/2019
f. The interference with or depletion of the beach and sand dunes tends to permit
encroachment by the sea and the conditions above recited make it imperative that the
governing body regulate and control the removal of sand from the beach or dunes or any
other interference with or depletion of the protective barrier on the oceanfront of the
borough.
10-1.2 Definitions.
As used in this chapter:
Authorized vehicle shall mean the following vehicles:
1. Any vehicle operated by employees of the Borough, State and Federal
government and emergency services personnel.
2. Any vehicle operated by contracted personnel.
3. Permitted vehicles as defined in Chapter 4-2 Licensing of Beach Vehicles.
4. Electric motorized beach wheelchairs or mobility devices not exceeding 3 HP.
No motorized wheelchair or mobility device shall be operated on the beach at a
speed in excess of five miles per hour at any time. No passengers may be
transported on any such motorized wheelchair or mobility device without the
written permission of the Chief of Police. (Ord. No. 2019-06 § 1)
Backshore shall mean that zone of the shore or beach lying between the foreshore and
dune area, and normally acted upon by waves only during severe storms, especially when
combined with exceptionally high water.
Beach shall mean the zone of unconsolidated material that extends landward from the
low water line to the place where there is marked change in material or physiographic
form, i.e. dune or bulkhead. Includes foreshore and backshore.
Strand shall mean the same area included within the definition of beach.
Beach-dune area shall mean the district set off by this chapter to include the dunes,
beaches, strand, backshore and foreshore, and the areas where, according to a normal
beach profile, the same would or should exist. The beach-dune area, as defined herein,
has been established by Thomas J. Taylor Associates, Borough Engineers, and constitutes
all that area lying eastwardly of the building line as hereinafter defined.
Boardwalk shall include the term “walkway” and shall mean a walk or promenade of
planking built across the dune line or berm to connect the street ends or other property
with the open beach. These shall be perpendicular to the western boundary of the dune
zone, and in no case shall a wooden promenade parallel to or along the beach be
permitted. The height, width, length, and type of construction of these must be approved
by the borough engineers.
Dunes shall mean a hill of sand accumulated along the beachfront, usually by natural
means. It shall extend from the backshore to the line where the normal leeward slope
intersects the established grade of the hinterland.
10-1 WATERFRONT REGULATIONS
1003
Dune area shall mean the area actually or normally occupied by dunes. For purpose of
this chapter it shall be construed to include its actual dimensions or according to a
computed profile with a height of 14 feet above mean sea level, a crest of 20 feet and a
leeward slope of 1.5, whichever shall be greater, but not greater than 50 feet from the
average seaward side of the dune crest as computed by the borough engineers and
provided further that the leeward slope shall in no case be made steeper than 1.5.
Dune line shall mean a row of dunes, which may blend in with a berm or berms, which
blend in with each other, are roughly parallel to the ocean, and serve as a protective
barrier against the elements.
Foreshore shall mean the part of the shore, lying between the crest of the seaward berm
and the ordinary low water mark, that is ordinarily traversed by the uprush and back rush
of the waves.
Mean sea level shall include the term “sea level” and shall refer to the 1988 Sea Level
Datum established by the U.S. Coast and Geodetic Survey, or, such other datum as may
be established by the U.S. Army Corps of Engineers or other properly authorized
agencies. (Ord. No. 2004-16 § 1)
Natural dune shall mean a dune created by natural forces, or one that has developed the
contours, vegetation, root systems, etc., characteristic of dunes so created.
Natural vegetation shall include the terms “native vegetation” or “indigenous
vegetation”. Specifically it shall mean such plants as beach-grass (Ammophila
Breviligulata), dusty miller (Artemisia Stelleriana), hudsonia (Hudsonia Tomentosa), sea
rocket (Cakile Endentula), seaside goldenrod (Solidago Sempervirens), bayberry (Myrica
Pennsylvanica) or beach plum (Prunus Maritima) which normally grow, or may be
planted on the slopes of dunes or behind them; no distinction is made as to how such
plants are introduced into their locations.
Sand fence shall include the term “snow fence” and shall mean either of two types of
barricade established in a line or a pattern to accumulate sand and aid in the formation of
a dune.
a. Brush Type: This consists of dead bushes, trees, reeds or similar debris collected
in bundles and fixed by stakes or similar means.
b. Picket Type: This shall be the commercial variety of light wooden fence, held
together by wire and secured by posts.
Slope leeward shall mean the face or surface of the dune or berm going from its crest or
plateau away from the ocean.
Bulkhead line and building line shall mean the line so designated on map entitled “Ocean
Front Building Line and Bulkhead Line for the Borough of Harvey Cedars”, prepared by
Thomas J. Taylor, Associates, Borough Engineers, dated March 5, 1965 and on file in the
office of the borough clerk, and as designated on any future revision thereof by map or
maps prepared by the borough engineers and kept on file in the office of the borough
clerk.
10-2 WATERFRONT REGULATIONS
1004 Rev. Ord. Supp. 08/2014
10-2 REGULATIONS.
10-2.1 Application. This chapter shall be applicable to the beach-dune area as hereinbefore
defined.
10-2.2 Construction in Beach Dune Area.
a. No construction of any sort shall be allowed in the foreshore or backshore area thereof
excepting protective works undertaken by the borough, with the approval of the Bureau
of Navigation of the State of New Jersey and/or the U.S. Army Corps of Engineers, as
applicable.
b. No construction of any sort shall be allowed in the remainder of the beach-dune area
except the following:
1. Any use mentioned in paragraph (a) above.
2. Boardwalks, steps and walkways to permit access across the dunes or berms to the
open beach, without damage to the dunes themselves.
(a) Elevated boardwalk structures as defined above are subject to NJDEP design as
on file at the Borough Hall.
(b) At-grade dune walkovers or paths to the open beach consisting of a natural sand
base shall be designated as follows:
Walkover shall be fenced on both sides
Path width should be no more than 4’ wide
Fence posts should be spaced 8-10 feet apart
Maximum post height of 24” connected either by rope or round rail
no more than 18” at its apex
Only one walkover per property allowed
(Ord. No. 2014-08 § 1)
3. Sand fences to encourage the accumulation of sand. Sand fences along the ocean
front may only be placed by private property owners beginning not more than five (5)
feet east of the building line or the structure, whichever is most eastward, and must be
placed in a zigzag pattern as per the Army Corps of Engineers design:
(Ord. No. 2010-16 § 1)
10-2 WATERFRONT REGULATIONS
1005 Rev. Ord. Supp. 08/2014
7'-8'
4'
SAND FENCE
(SEE NOTE 1)
13'
WOOD POST
NOTE:
1. SAND FENCE SHALL BE WOVEN FRONT TO BACK AROUND POSTS AS SHOWN.
TYPICAL SAND FENCE LAYOUT
NOT TO SCALE
4. Dune Planting
(a) Private property owners along the oceanfront may install dune plantings.
(b) American beachgrass is the preferred species for stabilization of newly
established dunes, and for stabilization of the primary frontal dune. Woody plant
species are suitable for back dune and secondary dune environments. Herbaceous
plant species are preferred as supplemental plantings for all dune areas.
(c) Dune vegetation should be diversified as much as possible, in an effort to provide
continuous stabilization in the event that pathogens reduce or eliminate the
effectiveness of one species. A complex of associated grasses, herbaceous
species and woody species is preferred to the planting of one species.
(d) Acceptable dune vegetation:
American Beachgrass (Ammophila breviligulata)
Coastal Panicgrass (Panicum amarulum)
Bayberry (Myrica pennsylvanica)
Beach Plum (Prunus maritime)
Shore Juniper (Juniperus conferta)
Seaside Goldenrod (Solidago sempervirens)
Beach Pea (Lathyrus japonicas)
Sea Oats (Uniola paniculata)
Bitter Panicgrass (Panicum amarum)
Saltmeadow Cordgrass (Spartina patens)
(Ord. No. 2010-16 § 2)
10-2.3 Commissioners Duty. The commissioners shall conduct or require such hearings,
and the production of such proofs as it shall reasonably consider necessary to establish the
foregoing.
10-3 WATERFRONT REGULATIONS
1006 Rev. Ord. Supp. 08/2014
10-3 ACCESS TO BEACH.
Access to the open beach in this zone shall be obtained only across street ends or along
properly constructed and authorized boardwalks and steps. Where boardwalks and steps are
constructed in street end extensions or easement extensions, access shall be across such
boardwalks and steps only.
The construction of boardwalks and steps shall only be permitted at street ends and at the
easterly ends of vehicular easements provided, however, that said boardwalks and steps shall be
constructed at the ends of said streets and easements which run in a generally east/west direction.
10-4 WATERFRONT REGULATIONS
1007
10-4 FENCING.
The borough may erect or require the construction of fencing along the western limits of the
backshore and dune areas and provide or require suitable markings to identify the same. Persons
may enter such areas only to carry out the purpose of this chapter. Where walkways or
boardwalks exist, the same shall be suitably bordered with fences to prevent damage to the dunes
or berms which they cross.
10-5 WATERFRONT REGULATIONS
1008
10-5 REMOVAL OF SAND.
10-5.1 Permit Required. No individual shall authorize or participate in any manner in the
moving or displacement of sand within the beach-dune area unless a permit therefor shall have
been issued pursuant to an application in writing to the board of commissioners.
10-5.2 Application Information. The application shall contain the following information:
a. Name and address of the applicant.
b. Location of sand to be moved or displaced.
c. The nature and purpose of the proposed moving or displacement.
d. Proposed method by which the applicant desires to move or displace the sand, including a
description of the equipment, machinery or other apparatus to be used.
e. Estimate in terms of cubic yards as to the quantity of sand to be moved or displaced.
f. Such other information as may be required by the board of commissioners.
10-5.3 Inspection by Commissioners. No permit shall be issued without a determination
by the board of commissioners based upon an inspection of the area involved and a report
thereon by the borough engineers that such removal will not create or increase a danger or hazard
to life or property.
10-5.4 Permit Regulations. No permit will be granted if the proposed moving or
displacement will:
a. Adversely affect the littoral drift on the beach-dune area.
b. Result in a reduction of dune protection and the dune area as defined in subsection 10-1.2
of this chapter.
c. Interfere with the general configuration of the beach-dune area of the subject property or
neighboring properties.
d. No permit will be granted for and it shall be unlawful for any individual, firm or
corporation to authorize or participate in:
1. The removal of sand from the beach-dune area or from any street end.
2. The removal of destruction of natural vegetation within the beach-dune area.
e. Where by action of high winds and/or tides, sand is blown or washed upon lands,
including street ends, lying westwardly from the dune line, such sand shall not be
removed from the lands unless a permit therefor shall have been issued pursuant to and in
full compliance with the requirements set out in subsection 10-5.2.
10-6 WATERFRONT REGULATIONS
1009 Rev. Ord. Supp. 08/2017
10-6 ADMINISTRATION.
10-6.1 Engineer’s Duty. The borough engineers shall, by such surveys and calculations as
they find necessary, locate the beach and dune areas as defined in this chapter, and plot the same
on a plan of the borough, which plotting, or a copy thereof shall be on file in the office of the
borough clerk and available for inspection. They shall from time to time make any corrections in
their findings and plottings that changes in the natural or artificial features of the terrain may
justify or require.
10-6.2 Administering Official. The building inspector is designated as the person
responsible for the enforcement of this chapter.
10-7 PROHIBITED ACTIVITIES. No person shall undertake or cause to be
undertaken any of the following activities:
a. The operation of any motor vehicle in the beach-dune area except for authorized vehicles.
(Ord. No. 2017-20 § 2)
b. Pedestrian traffic on or over dunes or sand fencing.
c. The removal, mutilation or destruction of sand, sand fencing or vegetation.
(Ord. No. 2008-19 § 2)
10-8 VIOLATIONS AND PENALTIES.
Any person, firm, corporation or public agency that shall be convicted of a violation of a
provision of this ordinance shall, upon conviction whereof by any court authorized by law to
hear and determine the matter, be subject to a fine not exceeding one thousand dollars ($1,000)
or imprisonment for a term not exceeding ninety (90) days, or both, as such court in its discretion
may impose. Each day that such violation exists shall constitute a separate offense.
In addition to the above penalties, the Harvey Cedars Beach Patrol, Code Enforcement
Officer, Police Department or other duly authorized officers or employees are hereby
empowered to pursue such legal and equitable relief as may be necessary to abate any violation
or enforce any condition of this ordinance.
(Ord. No. 2008-19 § 3)
10-9 ALTERNATE AUTHORITY.
Should any provision of this section as applied to any specific parcel of land be adjudged by
any court of competent jurisdiction to be a taking within the meaning of the statutes relating to
the exercise of the power of eminent domain, the borough may, at its option, if the public safety,
welfare or need so require, pay into court or otherwise secure the value of such land, and proceed
to take title to the same in accordance with the procedure then provided by law.
1101 Rev. Ord. Supp. 04/2020
CHAPTER XI
C. A. T. V.
11-1 PURPOSE OF THE ORDINANCE
The Borough hereby grants to Comcast renewal of its non-exclusive Municipal Consent to place
in, upon, across, above, over and under highways, streets alleys, sidewalks, easements, public ways
and public places in the Borough, poles, wires, cables, underground conduits, manholes and other
television conductors, fixtures, apparatus, and equipment as may be necessary for the construction,
operation and maintenance in the Borough of a cable television and communications system.
11-2 DEFINITIONS
For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall
have the meaning given herein. Such meaning or definition of terms in supplemental to those
definitions of the Federal Communications Commission (“FCC”) rules and regulations, 47 C.F.R.
Subsection 76.1 et seq., and the Cable Communications Policy Act, 47 U.S.C. Section 521 et seq.,
as amended, and the Cable Television Act, N.J.S.A. § 48:5A-1 et seq., and shall in no way be
construed to broaden, alter or conflict with the federal and state definitions:
a. “Borough” is the Borough of Harvey Cedars, County of Ocean, State of New Jersey.
b. “Company” or “Comcast” is the grantee of rights under this Ordinance and is known
as Comcast of Long Beach Island LLC.
c. “Act” or “Cable Television Act” is Chapter 186 of the General Laws of New Jersey,
and subsequent amendments thereto, N.J.S.A. § 48:5A-1, et seq.
d. “FCC” is the Federal Communications Commission.
e. “Board” or ‘BPU” is the Board of Public Utilities, State of New Jersey.
f. “Office” or “OCTV” is the Office of Cable Television of the Board.
g. “Basic Cable Service” means any service tier, which includes the retransmission of
local television broadcast signals as defined by the FCC.
h. “Application” is the Company’s Application for Renewal of Municipal Consent.
i. “Primary Service Area” or ‘PSA” consists of the area of the Borough currently served
with existing plant as set forth in the map annexed to the Company’s Application for
Municipal Consent.
11-3 CATV
1102 Rev. Ord. Supp. 04/2020
11-3 STATEMENT OF FINDINGS
Public hearings conducted by the Borough, concerning the renewal of Municipal Consent herein
granted to the Company were held after proper public notice pursuant to the terms and conditions
of the Act and the regulations of the Board adopted pursuant thereto. Said hearings, having been
fully open to the public, and the Borough, having received at said public hearings all comments
regarding the qualifications of the Company to receive this renewal of Municipal Consent, the
Borough hereby finds that the Company possesses the necessary legal, technical, character,
financial and other qualifications and that the Company’s operating and construction arrangements
are adequate and feasible.
11-4 DURATION OF FRANCHISE
The non-exclusive Municipal Consent granted herein shall expire 10 years from the date of
expiration of the previous Certificate of Approval issued by the Board.
In the event that the Borough shall find that the Company has not substantially complied with the
material terms and conditions of this Ordinance, the Borough shall have the right to petition the
OCTV, pursuant to N.J.S.A. § 48:5A-47, for appropriate action, including modification AND/OR
termination of the Certificate of Approval; provided, however, that the Borough shall first have
given the Company written notice of all alleged instances of non-compliance and an opportunity
to cure same within ninety (90) days of that notification.
11-5 FRANCHISE FEE
Pursuant to the terms and conditions of the Act, the Company shall, during each year of operation
under the consent granted herein, pay to the Borough two percent (2%) of the gross revenues from
all recurring charges in the nature of subscription fees paid by subscribers for cable television
reception service in the Borough or any higher amount permitted by the Act or otherwise allowable
by law, whichever is greater.
11-6 FRANCHISE TERRITORY
The consent granted under this Ordinance for the renewal of the franchise shall apply to the entirety
of the Borough and any property subsequently annexed hereto.
11-7 EXTENSION OF SERVICE
The Company shall be required to proffer service to any residence along any public right-of-way
in the Primary Service Area, as set forth in the Company’s Application. Any extension of plant
beyond the Primary Service Area shall be governed by the Company’s Line Extension Policy, as
set forth in the Company’s Application, with a HPM (“homes-per-mile”) of 35 dwellings per linear
mile from the nearest active trunk or feeder line.
11-8 CATV
1103 Rev. Ord. Supp. 04/2020
11-8 CONSTRUCTION REQUIREMENTS
a. Restoration: In the event that the Company or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways, or other surface in the natural topography, the
Company shall, at its sole expense, restore and replace such places or things so
disturbed in as good a condition as existed prior to the commencement of said work.
b. Relocation: If at any time during the period of this consent, the Borough shall alter or
change the grade of any street, alley or other way or place the Company, upon
reasonable notice by the Borough, shall remove, re-lay or relocate its equipment, at the
expense of the Company prior to approval of the board.
c. Removal or Trimming of Trees: During the exercise of its rights and privileges under
this franchise, the Company shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks or other public places of the Borough so as to prevent the
branches of such trees from coming in contact with the wires and cable of the Company.
Such trimming shall be only to the extent necessary to maintain proper clearance of the
Company’s wire and cables.
d. Temporary removal of cables: The Company shall, upon request of the Borough, at the
company’s expense, temporarily raise, lower or remove its lines in order to facilitate
the moving of buildings or machinery or in other like circumstances, subject to the prior
approval of the board.
e. Installation of equipment: The Company shall install equipment in the same location
and manner as existing public utilities whenever possible, in order to minimize the
impact of same on surrounding property.
11-9 CATV
1104 Rev. Ord. Supp. 04/2020
11-9 CUSTOMER SERVICE
In providing services to its customers, the Company shall comply with N.J.A.C. § 14:18-1, et seq.
and all applicable state and federal statutes and regulations. The Company shall strive to meet or
exceed all voluntary company and industry standards in the delivery of customer service and shall
be prepared to report on it to the Borough upon written request of the Borough Administrator or
Clerk.
a. The Company shall continue to comply fully with all applicable state and federal
statutes and regulations regarding credit for outages, the reporting of same to regulatory
agencies and notification of same to customers.
b. The Company shall continue to fully comply with all applicable state and federal
statutes and regulations regarding the availability of devices for the hearing impaired
and the notification of same to customers.
c. The Company shall use every reasonable effort to meet or exceed voluntary standards
for telephone accessibility developed by the National Cable Television Association
(“NCTA”).
d. Nothing herein shall impair the right of any subscriber or the Borough to express any
comment with respect to telephone accessibility to the Complaint Officer, or impair the
right of the Complaint Officer to take any action that is permitted under law.
11-10 CATV
1105 Rev. Ord. Supp. 04/2020
11-10 MUNICIPAL COMPLAINT OFFICER
The Office of Cable Television is hereby designated as the Complaint Officer for the Borough
pursuant to N.J.S.A. § 48:5A-26(b). All complaints shall be received and processed in accordance
with N.J.A.C. § 14:17-6.5. The Borough shall have the right to request copies of records and
reports pertaining to complaints by Borough customers from the OCTV.
11-11 LOCAL OFFICE
During the term of this franchise, and any renewal thereof, the Company shall maintain a business
office or agent in accordance with N.J.A.C. § 14:18-5.1 for the purpose of receiving, investigating
and resolving all local complaints regarding the quality of service, equipment malfunctions, and
similar matters. Such a business office shall have a publicly listed toll-free telephone number and
be open during standard business hours.
11-12 PERFORMANCE BONDS
During the life of the franchise the Company shall give to the Borough a bond in the amount of
Twenty-Five Thousand Dollars ($25,000). Such bond shall be to insure the faithful performance
of all undertakings of the Company as represented in its application for municipal consent
incorporated herein.
11-13 SUBSCRIBER RATES
The rates of the Company shall be subject to regulation as permitted by federal and state law.
11-14 CATV
1106 Rev. Ord. Supp. 04/2020
11-14 COMMITMENTS BY THE COMPANY
a. The Company shall provide Expanded Basic or a similar tier of cable television service
to one (1) outlet at no cost to each qualified existing and future school in the Borough,
public and private, elementary, intermediate and secondary, provided the school
building is within two hundred (200) feet of active cable distribution plant or through
customer owned conduit. Each additional outlet installed, if any, shall be paid for on a
materials plus labor basis by the school requesting service.
b. The Company shall provide Expanded Basic or a similar tier of cable television service
at no cost to one (1) outlet to each qualified existing and future municipal building,
police, fire, emergency management facility and public library in the Borough,
provided the facility is located within two hundred (200) feet of active cable
distribution plant or through customer owned conduit. Each additional outlet installed,
if any, shall be paid for on a materials plus labor basis by the Borough.
c. Within six months of the issuance of a Renewal Certificate of Approval by the BPU,
the Company shall provide to the Borough a one-time Technology Grant in the amount
of $5,000 to meet the technology and/or cable related needs of the community.
d. The Communications Act of 1934, as amended [47 U.S.C. § 543 (b)], allows the
Company to itemize and/or identify: (1.) the amount on the subscriber bill assessed as
a franchise fee and the identity of the governmental authority to which the fee is paid;
(2.) the amount on the bill assessed to satisfy any requirements imposed on the
Company by the cable franchise to support public, education, and/or governmental
access channels or the use of such channels; and (3.) any grants or other fees on the bill
or any tax, assessment, or charge of any kind imposed by any governmental authority
on the transaction between the operator and the subscriber. The Company reserves its
external cost, pass-through rights to the full extent permitted by law.
11-15 CATV
1107 Rev. Ord. Supp. 04/2020
11-15 GOVERNMENTAL ACCESS
a. The Company shall continue to make available one shared government access channel.
The government access channel is maintained by the Borough for the purpose of
cablecasting non-commercial government access programming.
b. The Company does not relinquish its ownership of or ultimate right of control over a
channel by designating it for Government use. A Government access user acquires no
property or other interest by virtue of the use of a channel so designated and may not
rely on the continued use of a particular channel number, no matter how long the same
channel may have been designated for such use.
c. The Company shall not exercise editorial control over any governmental use of channel
capacity, except Company may refuse to transmit any governmental access program or
portion of a governmental access program that contains obscenity, indecency, or
nudity.
d. Government Access. “Government Access” shall mean noncommercial use by the
Township for the purpose of showing the local government at work.
e. Company Use of Fallow Time. Because blank or underutilized EG channels are not in
the public interest, in the event the Municipalities or other EG access users elect not to
fully program their EG access channel, Company may program unused time on those
channels subject to reclamation by the Municipality upon no less than 60 days written
notice.
f. Indemnification. The Township shall indemnify Company for any liability, loss, or
damage it may suffer due to violation of the intellectual property rights of third parties
on the EG channel and from claims arising out of the Municipalities’ rules for or
administration of EG access channel and its programming.
11-16 EMERGENCY USES
a. The Company will comply with the Emergency Alert System (“EAS”) rules in
accordance with applicable state and federal statutes and regulations.
b. The Company shall in no way be held liable for any injury suffered by the Borough or
any other person, during an emergency, if for any reason the Borough is unable to make
full use of the cable television system as contemplated herein.
11-17 LIABILITY INSURANCE
The Company shall at all times maintain a comprehensive general liability insurance policy with
a single limit amount of One Million Dollars ($1,000,000) covering liability for any death, personal
injury, property damages or other liability arising out of its construction and operation of the cable
television system, and an excess liability (or “umbrella”) policy in the amount of Five Million
Dollars ($5,000,000).
11-18 CATV
1108 Rev. Ord. Supp. 04/2020
11-18 INCORPORATION OF THE APPLICATION
All of the statements and commitments contained in the Application or annexed thereto and
incorporated therein, and any amendment thereto, except as modified herein, are binding upon the
Company as terms and conditions of this consent The Application and other relevant writings
submitted by the Company shall be annexed hereto and made a part hereof by reference provided
same do not conflict with application State or Federal law.
11-19 COMPETITIVE EQUITY
Should the Borough grant municipal consent for a franchise to construct, operate and maintain a
cable television system to any other person, corporation or entity on terms materially less
burdensome or more favorable than the terms contained herein, the Company may substitute such
language that is more favorable or less burdensome for the comparable provision of this Ordinance
subject to the provisions of N.J.A.C. § 14:17-6.7.
11-20 SEPARABILITY
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason
held invalid or unconstitutional by any court or federal or state agency of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision, and its validity or
unconstitutionality shall not affect the validity of the remaining portions of the Ordinance.
11-21 THIRD PARTY BENEFICIARIES
Nothing in this Franchise or in any prior agreement is or was intended to confer third-party
beneficiary status on any member of the public to enforce the terms of such agreements or
Franchise.
11-22 EFFECTIVE DATE
This Ordinance shall take effect immediately upon issuance of a Renewal Certificate of Approval
from the BPU.
1201 Rev. Ord. Supp. 01/78
CHAPTER XII
BUILDING AND HOUSING
12-1 STATE UNIFORM CONSTRUCTION CODE ENFORCING
AGENCY.
12-1.1 Enforcing Agency Created. There is hereby created in accordance with the provisions
of State Uniform Construction Code Act, P.L. 1975, c. 217, (hereinafter referred to as act), an
enforcing agency to be known as the Department of Building Administration of the Borough of
Harvey Cedars.
12-1.2 Department of Building Administration. The department of building administration
of the borough shall consist of a building administrator and such subcode officials, assistants and
other personnel as are appointed by the board of commissioners to administer and enforce the
provisions of State uniform construction code adopted in accordance with the provisions of the
act. Nothing herein, however, shall prevent the borough from accepting inspections as to
compliance with the State uniform construction code or any subcode thereof made by an inspection
authority approved by the State of New Jersey pursuant to law.
12-1.3 Duties of Building Administrator. The duties of the building administrator shall be
to administer and enforce the State uniform construction code pursuant to the provisions of the act.
The building administrator shall be the chief administrator of the department of building
administration. He shall establish the day-to-day operating routines of the department and
coordinate the activities of the subcode officials and other departmental personnel.
12-1.4 Administrator Serve as Subcode Official. The building administrator may serve as
a subcode official for any subcode which he is qualified to administer under the State uniform
construction code act.
12-1.5 Enforce Provisions. Subcode officials shall enforce the provisions of the subcodes for
which they are responsible in accordance with the provisions of the act and the regulations
promulgated thereunder. The Ocean County Electrical Bureau is hereby designated to act as the
electrical subcode inspection agency of the borough for the year 1977.
12-1.6 Official Positions; Responsibility. One person may hold more than one subcode
official position provided that person is qualified to hold each such position pursuant to the act and
regulations adopted thereunder. Each subcode official shall be responsible for the administration
and enforcement of the appropriate subcode, subject to the procedure of the Department of
Building Administration as established by the building administrator. The building administrator
shall have the power to overrule a determination of a subcode official based on an interpretation
of a substantive provision of the subcode which such subcode official administers only if he is
qualified pursuant to the act to act as a subcode official for that subcode. However, each subcode
official shall have exclusive decision making authority with respect to the technical provisions of
the subcode for which he has been appointed the official.
12-1 BUILDING AND HOUSING
1202 Rev. Ord. Supp. 01/2012
12-1.7 Assistants and Personnel. The board of commissioners may appoint such other
assistants and personnel as it deems necessary for the proper functioning of the department of
building administration. Such assistants and personnel shall be under the supervision of the
building administrator or the appropriate subcode official.
12-1.8 Qualifications. The building administrator and all subcode officials, assistants and
other departmental personnel shall be qualified in accordance with the provisions of the act and
the regulations promulgated thereunder.
12-1.9 Terms. The building administrator and all subcode officials shall be appointed by the
board of commissioners and shall serve a term established per agreement. Intergovernmental
agreements shall have a minimum term of 4 years as per State statute.
(Ord. No. 2011-16 § 1)
12-1.10 Compensation. The annual salary and compensation for the building administrator
and all subcode officials, assistants and other departmental personnel shall be determined from
time to time by the board of commissioners and shall be paid in accordance with the provisions of
authorized agreements. (Ord. No. 2011-16 § 1)
12-1.11 Limitation on Outside Employment, Business.
a. No person employed by the department of building administration as a building
administrator or subcode official, assistant to the building administrator or subcode official,
trainee, inspector, or plan reviewer, shall engage in, or otherwise be connected directly or
indirectly for purposes of economic gain, with any business or employment furnishing
labor, materials, appliances or services for the construction, alteration, demolition, or
maintenance of buildings or structures within the State. Nor shall any such official or
employee engage in any other activity or work which conflicts with his official duties.
b. This subsection shall not apply to:
1. The ownership of stock or other investment instrument in any corporation listed on
any national stock exchange;
2. Any such business or employment outside the State;
3. Dual employment by two or more enforcing agencies.
c. The limitation on outside business or employment described in subsection 12-1.11a shall,
for a period of 18 months from the effective date of the act, apply only to such business or
employment within the borough. Thereafter, the application of subsection 12-1.11a shall
extend throughout the entire State.
12-1.12 Central Permit Office. The department of building administration shall maintain a
central permit office at the Harvey Cedars Borough Hall. This office shall be open during business
hours established by the building administrator and shall receive applications for construction
permits and plan review; issue construction permits and certificates of occupancy; collect fees,
penalties and fines and issue notices and orders in accordance with the provisions of the act and
the regulations promulgated thereunder. (Ord. No. 2011-16 § 1)
12-1 BUILDING AND HOUSING
1203 Rev. Ord. Supp. 01/78
12-1.13 Public Right to do Business. The public shall have the right to do business with the
department of building administration at the office location set forth in subsection 12-1.12 of this
section except in the case of emergencies or unforeseen or unavoidable circumstances.
12-2 BUILDING AND HOUSING
1204 Rev. Ord. Supp. 04/99
12-2 FEE SCHEDULES.*
12-2.1 Fees. There are hereby established the following construction and subcode fees:
As per Schedule A.
___________________
*Editor’s Note: Prior ordinances codified herein include Ordinance Nos. 77-3, 84-12, 85-7,
88-10 and 92-6.
12-2 BUILDING AND HOUSING
1205 Rev. Ord. Supp. 07/2017
SCHEDULE “A”
1. BUILDING SUBCODE FEES.
Minimum Building Subcode Fee shall be $50.00 (Ord. No. 2017-16 § 1)
A. NEW CONSTRUCTION: Fees for new construction shall be based upon the volume of
structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. Use groups and
types of construction are as classified and defined in Articles 3 and 4 of the Building Subcode.
NEW CONSTRUCTION (except as in ii. and iii. below):
i. Per cubic foot of volume…………..……………..………$0.034
(Ord. No. 2017-16 § 1)
OTHER USE GROUPS:
ii. Use Groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2…$0.013
iii. Structures on farms, including commercial farm buildings under
N.J.A.C. 5:23-3.2(D)………………………………….. $0.0006
Maximum fee……………………………………………$850.00
B. RENOVATIONS, ALTERATIONS AND REPAIRS AND SITE CONSTRUCTION
ASSOCIATED WITH PREMANUFACTURED CONSTRUCTION: Fee based on estimated
cost of the work. To determine estimated cost, the applicant shall submit to the construction
official such cost data as may be available produced by the architect or engineer of record, or
by a recognized estimating firm, or by the contractor. A bona fide contractor’s bid if available
shall be submitted. The Construction Official shall make the final decision regarding estimated
cost.
i. $1.00 - $50,000.00…………………………..$25.00 per $1,000.00
ii. $50,001.00 – 100,000.00……………...……..add $18.00 per $1,000.00
iii. Over $100,000.00 ………………..……….…add $16.00 per $1,000.00
(Ord. No. 2017-16 § 1)
C. ADDITIONS: Fees shall be computed on the same basis as for new construction for the added
portion.
D. COMBINATION RENOVATIONS AND ADDITIONS: Fees shall be computed separately
in accordance with items A and B above.
E. TEMPORARY STRUCTURES: Temporary structures, towers, fences greater than six feet in
height, open decks not attached to a principal or accessory structure, and similar structure for
which volume cannot be computed………………………………………………..$35.00
12-2 BUILDING AND HOUSING
1206 Rev. Ord. Supp. 01/2017
F. ROOFING: The fee for roofing or siding in R-3 and R-4 uses shall be $50.00.
(Ord. No. 2017-16 § 1)
G. Pools:
i. Above ground ……………………………………….. $35.00
ii. In ground……….……………………………………. $200.00
iii. Commercial………….…………….…………………. $200.00
(Ord. No. 2017-16 § 1)
H. BULKHEADS, DOCKS, WHARVES, PIERS: The fees shall be computed as an alteration.
12-2 BUILDING AND HOUSING
1207 Rev. Ord. Supp. 01/2012
2. PLUMBING SUBCODE FEES.
A. MINIMUM FEE: $50.00
(Ord. No. 2011-16 § 2)
B. FIXTURES AND APPLIANCES: The installation of plumbing per fixture or stack shall
include but not limited to water closets, bathtubs, shower stalls, laundry tubs, floor drains,
drinking fountains, dishwashers, clothes washers, hot water heaters, roof drains, hose bibs, or
similar devices, the fee shall be per fixture or appliance: $12.00
C. MODULAR, PRE-MANUFACTURED and RAISED STRUCTURES BUILDING DRAINS
AND WATER PIPING installed on site shall be: $50.00
D. SPECIAL DEVICE:
1. Residential – the installation of a boiler (hot water or steam), air conditioners and
condensation piping, refrigeration, sewer pumps: $50.00
(Ord. No. 2011-16 § 2)
2. Commercial – the installation of grease traps, oil interceptors, backflow preventors, sewer
injectors, boiler (hot water or steam), air conditioning and condensation piping,
refrigeration: $82.00
(Ord. No. 2011-16 § 2)
E. GAS and/or OIL PIPING:
1. Residential $50.00
(Ord. No. 2011-16 § 2)
2. Commercial $75.00
F. GAS APPLIANCE CONNECTIONS fee for each connection to the gas system $8.00
G. LAWN IRRIGATION $50.00
H. WATER and/or SEWER CONNECTIONS
1. Residential – each connection $40.00
2. Commercial – each connection $75.00
I. WATER HEATER REPLACEMENT same fuel, exempt from 2.a. – minimum fee $40.00
(Ord. No. 2011-16 § 2)
J. INSTALLATION OF PROPANE FUEL TANKS
1. Residential $50.00
2. Commercial $250.00
(Ord. No. 2011-16 § 2)
K. Plumbing permit re-instatement fee $40.00
(Ord. No. 2010-20 § 1)
12-2 BUILDING AND HOUSING
1208 Rev. Ord. Supp. 01/2012
3. FIRE PROTECTION SUBCODE FEES.
A. MINIMUM FEE: $50.00
(Ord. No. 2011-16 § 3)
B. GAS or OIL FIRED APPLIANCES not connected to the plumbing system, exempt from 3.a.
minimum fee: $25.00
C. FIRE SUPPRESSION SYSTEMS
1. 1 to 20 heads $50.00
2. 21 to 100 heads $120.00
3. 101 to 200 heads $230.00
4. 201 to 400 heads $594.00
5. 401 to 1,000 heads $822.00
6. Over 1,000 heads $1,050.00
D. FIRE ALARMS, DETECTORS fees to be computed as fire suppression systems. In
computing fees for heads and detectors, the number of each to be computed separately.
E. FIRE PUMPS the fee shall be $116.00
(Ord. No. 2011-16 § 3)
F. STANDPIPE SYSTEMS each $289.00
(Ord. No. 2011-16 § 3)
G. ENGINEERED SUPPRESSION SYSTEM the fee shall be $116.00
(Ord. No. 2011-16 § 3)
H. INDEPENDENT PRE-ENGINEERED SYSTEM the fee shall be $116.00
(Ord. No. 2011-16 § 3)
I. INCINERATORS the fee shall be $365.00
J. FUEL DISPENSING UNITS in the case of service stations the fee shall be per island
$350.00
(Ord. No. 2011-16 § 3)
K. SMOKE CONTROL SYSTEMS and/or KITCHEN EXHAUST HOODS the fee shall be
$200.00
(Ord. No. 2011-16 § 3)
L. INSTALLATION OF COMBUSTIBLE and/or FLAMMABLE TANKS
1. Residential $56.00
2. Commercial $350.00
(Ord. No. 2011-16 § 3)
M. Fire permit re-instatement $40.00
(Ord. No. 2010-20 § 2)
12-2 BUILDING AND HOUSING
1209 Rev. Ord. Supp. 01/2012
4. ELECTRICAL SUBCODE FEES.
A. MINIMUM FEE $50.00
(Ord. No. 2011-16 § 4)
B. FIXTURES OR RECEPTACLES (receptacles and fixtures shall include lighting outlets, wall
switches, electrical discharge fixtures, convenience receptacles or similar fixtures, and motors
or devices of less than one horsepower or one kilowatt, burglar, fire, and communication
devices, etc.) the fee as follows:
1. 1 to 25 devices: $50.00
(Ord. No. 2011-16 § 4)
2. For each additional 25 devices: add $10.00
C. MOTORS OR ELECTRICAL DEVICES (each):
1. 1 to 9 horsepower $12.00
2. 10 to 50 horsepower $50.00
3. 51 to 100 horsepower $200.00
4. Over 100 horsepower $500.00
D. TRANSFORMERS AND GENERATORS kilowatt or kilovolt (each)
1. 0 to 9 $12.00
2. 10 to 45 $50.00
3. 46 to 100 $200.00
4. Over 100 $500.00
E. SERVICE PANELS, ENTRANCE OR SUB-PANEL (each)
1. 0 to 200 amps $50.00
2. 201 to 400 amps $150.00
3. 401 to 1000 amps $250.00
4. Over 1000 amps $500.00
F. For the purpose of computing fees above, all motors and plug-in appliances shall be counted,
including control equipment, generators, transformers and heating, cooking or other devices
consuming or generating electrical current.
G. SIGNS each shall be $50.00
H. POOL EQUIPOTENTIAL BONDING GRID $35.00
(Ord. No. 2011-16 § 4)
I. Electrical permit re-instatement fee $40.00
(Ord. No. 2010-20 § 3)
12-2 BUILDING AND HOUSING
1210 Rev. Ord. Supp. 07/2017
5. FEES APPLICABLE TO SUBSECTIONS 1 THROUGH 4. ABOVE
A. PLAN REVIEW FEE: Twenty percent of the amount to be charged for a new construction
permit.
B. BASIC CONSTRUCTION FEE. The sum of the parts computed on the basis of the volume
or cost of construction, the number of plumbing fixtures and equipment, the number of
electrical fixtures and devices, and the number of sprinklers, standpipes, and detectors (smoke
and heat) at the unit rates provided herein plus any special fees.
C. CERTIFICATES AND OTHER PERMITS:
i. Demolition or Removal Permit:
(a) Structures less than 5,000 square feet in area and less than 30 feet in height for one
or two family residences (use Group R-3 of the Building Subcode), and for
structures on farms including commercial farm buildings under N.J.A.C. 5:23-
3.2(d)..…………………………… $80.00 (Ord. No. 2017-16 § 2)
(b) All Other Use Groups…………….. $85.00
ii. Sign Permit: Permit fee to construct a sign shall be in the amount of $1.00 per square
foot surface area of the sign, computed on one side only for double-faced signs.
iii. Certificate of Occupancy:….………….. $50.00 (Ord. No. 2017-16 § 2)
iv. Certificate of Occupancy granted pursuant to a change of Use
Group…………………………….….. $125.00
(a) $50.00 to Building
(b) $25.00 to Plumbing
(c) $25.00 to Fire
(d) $25.00 to Electrical
v. Certificate of Continued Occupancy…... $100.00
(a) $40.00 to Building
(b) $20.00 to Plumbing
(c) $20.00 to Fire
(d) $20.00 to Electrical
12-2 BUILDING AND HOUSING
1211 Rev. Ord. Supp. 04/99
vi. Elevator Devices: The fee for elevator devices where applicable shall be in accordance
with N.J.A.C. 5:23-12.6.
vii. Annual Permits:
(a) Construction Permit – Flat fee based upon the number of maintenance workers
who are employed by the facility, and who are primarily engaged in work that
is governed by a subcode. Managers, engineers and clericals shall not be
considered maintenance workers for the purpose of establishing the annual
construction permit fee.
(b) Annual permits may be issued for building/fire protection, electrical and
plumbing.
(i) 1 to 25 works (including foremen), each ……………….$667.00
(ii) Over 25 workers, each additional worker..…………….$150.00
(c) Training Registration Fee to be paid prior to issuance of an Annual
Permit, fee shall be submitted (payable to “Treasurer, State of New
Jersey”), per subcode ………………….………$140.00
viii. Reinstatement of lapsed permit, per subcode ..…. $35.00
ix. For cross connections and backflow preventors subject to testing and requiring
reinspection, each device……………….……… $40.00
x. Mechanical inspections in a use group R-3 or R-4 structure by mechanical inspector:
(a) First device……………………..……… $43.00
(b) Each additional device……………….… $10.00
12-2.2 All Code Agreement Amendment.
a. Authorization. The appropriate officers of this municipality are hereby authorized and
directed to enter into and execute an amendment to the All Code Agreement with the
County of Ocean providing for a revision of the fee schedule to be effective May 1, 1992.
b. Copy on File. A copy of said Agreement is on file and available for public inspection at
the office of the Municipal Clerk during regular business hours.
12-2.3 – 12-2.11 Reserved.
12-2 BUILDING AND HOUSING
1212 Rev. Ord. Supp. 01/2012
12-2.12 Surcharge Fee. In order to provide for the training, certification and technical support
programs required by the uniform construction code act and the regulations, the Department of
Building Administration shall collect, in addition to the fees specified above, a surcharge fee of
$.0017 per cubic foot of volume of new construction. 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 of each year, and not
later than one month next succeeding the end of the quarter for which it is due, beginning July 1,
1991. (Ord. No. 2011-16 § 5)
At the end of each fiscal year, and not later than July 31, the Department of Building
Administration shall report to the Bureau of Housing Inspection the total amount of surcharge fees
collected during the fiscal year; provided, however, that the first annual report shall be for the third
and fourth quarters only of the fiscal year ending June 30, 1977.
12-2.13 Biannual Report. The building administrator shall, with the advice of the subcode
officials, prepare and submit to the board of commissions committee biannually, a report
recommending a fee schedule based on the operation expenses of the department.
12-2.14 Fee Schedule Posted. A schedule of the fees imposed by this section shall be posted
in the office of the building administrator and shall be accessible to the public.
12-2.15 Payment of Taxes. No certificate of occupancy or permit shall be issued pursuant to
Chapter XII of the Revised General Ordinances of the Borough of Harvey Cedars unless the
applicant therefor presents proof that all taxes, assessments, water and sewer charges on the
property for which said permit or certificate is sought, have been paid to the Borough of Harvey
Cedars. An individual seeking a permit or certificate of occupancy may acquire from the borough
tax collector, a certificate that said taxes, assessments, and water and sewer charges on the subject
property have been paid and are current on the subject property.
12-2.16 Temporary Certificate of Occupancy. When a certificate of occupancy is required
for the transfer of property, a temporary 30 day certificate of occupancy may be issued by the
zoning officer, conditioned upon the payment of all taxes, assessments, water and sewer charges
on the subject property within said 30 days. No renewal of the certificate of occupancy shall be
authorized unless all taxes, assessments, water and sewer charges are paid.
12-2.17 Construction Shed. The fee for a permit for the construction of a shed shall be $.01
per cubic foot, provided that the minimum fee shall be $15.00.
12-3 RESERVED.
(Ord. No. 2011-16 §6)
12-4 BUILDING AND HOUSING
1213
12-4 UNFIT DWELLINGS.
12-4.1 Findings. By resolution duly adopted, the governing body of this borough has declared
and determined that there exists in the borough buildings which are unfit for human habitation of
occupancy or use, due to dilapidation, defects increasing the hazards of fire, accidents or other
calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such
buildings unsafe or unsanitary, or dangerous, or detrimental to the health or safety or otherwise
inimical to the welfare of the residents of this borough; said resolution having been adopted
pursuant to the provisions of the Revised Statutes of New Jersey.
12-4.2 Unfit Dwellings Prohibited. No owner or party in interest of any building which is,
or may become, dangerous to human life, safety or health, or dangerous to adjacent property, or
which would be likely to extend a conflagration, shall permit the same to remain in this borough.
12-4.3 Public Officer Designated. The director of public affairs shall be designated as the
public officer to exercise the powers prescribed by this section.
12-4.4 Complaint to Owner. 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 10 days nor more than 30 days after the serving of the complaint;
that 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;
and that the rules of evidence prevailing in courts of law or equity shall not be controlling in
hearings before the public officer.
12-4.5 Determination of Unfitness. If, after such notice and hearing, the public officer
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 shall issue and
cause to be served upon the owner thereof and parties in interest an order:
If the repair, alteration or improvement of the building can be made at a reasonable cost in
relation to the value of the building, requiring the owner, to the extent and within the time specified
in the order, to repair, alter or improve the building to render it fit for human habitation, or
occupancy, or use, or at the option of the owner, to vacate and close the building as a human
habitation; or occupancy, or use or:
If the repair, alteration or improvement of the building cannot be made at a reasonable cost in
relation to the value of the building, requiring the owner, within the time specified in the order, to
remove or demolish the building.
12-4 BUILDING AND HOUSING
1214
12-4.6 Failure to Comply. 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; and 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; the use or occupation of this
building for human habitation or occupancy, or use is prohibited and unlawful.”
12-4.7 Inhabiting Posted Building. It shall be unlawful for any person to own, have, keep,
maintain or live in any building on which there has been posted a placard as herein provided for,
or to remove or cause the removal of any posted placard.
12-4.8 Order to Remove or Demolish. 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.
12-4.9 To be Lien Against Property. The amount of the cost of such repairs, alterations or
improvements or vacating and closing, or removal or demolition shall be a municipal lien against
the real property upon which such cost was incurred. If the building is removed or demolished by
the public officer, he shall sell the materials of such building and shall credit the proceeds of such
sale against the cost of the removal or demolition and any balance remaining shall be deposited in
the Superior Court by the public officer, shall be secured in such manner as may be directed by
the court, and shall be disbursed by the court to the persons found to be entitled thereto by final
order or decree of the court; provided, however, that 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.
12-4.10 Conditions Causing Unfitness. The public officer may determine that a building is
unfit for human habitation or occupancy, or use, if he finds that conditions exist in the building
which are dangerous or injurious to the health or safety of the occupants of such building, the
occupants of neighboring buildings or other residents of the borough; without limiting the
generality of the foregoing, such conditions may include the following: defects therein increasing
the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary
facilities; dilapidation; disrepair; structural defects; uncleanliness.
12-4.11 Unfit or Unsafe Buildings. It shall be unlawful for any person to have, keep or
maintain a building that is unfit for human habitation, or occupancy, or use, or which is dangerous
or injurious to the health or safety of the occupants of the buildings or the occupants of neighboring
buildings or other residents or people in the borough as specified in this section.
12-4.12 Service of Complaint. Any complaint or complaints, order or orders issued by the
public officer pursuant to the provisions of this section shall be served upon persons either
personally or by registered mail, but if the whereabouts of such persons is unknown and the same
cannot be ascertained by the public officer in the exercise of reasonable diligence, the public officer
shall make an affidavit to that effect and then the serving of the complaint or order upon such
persons may be made by publishing the same once each week for two successive weeks in a
newspaper printed and published in the borough, or, in the absence of a newspaper, in one printed
and published in Ocean County and circulating in the borough.
12-4 BUILDING AND HOUSING
1215
A copy of the complaint or order shall be posted in a conspicuous place on the premises affected
by the complaint or order. A copy of the complaint or order shall be duly recorded or lodged for
record with the clerk of the County of Ocean.
12-4.13 Powers of Public Officer. The public officer 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 the other powers herein granted:
a. To investigate the building conditions in the borough in order to determine which buildings
therein are unfit for human habitation or occupancy, or use.
b. To administer oaths, affirmations, examine witnesses and receive evidence;
c. To enter upon premises for the purpose of making examinations; provided, that such entries
shall be made in such manner as to cause the least possible inconvenience to the persons
in possession;
d. To appoint and fix the duties of officers, agents and employees as he deems necessary to
carry out the purpose of this section.
e. To delegate any of his functions and powers under this section to such officers and agents
as he may designate.
12-4.14 Removal or Repair by Borough. Any repair, alteration, improvement, removal or
demolition as above provided, may be performed by the borough, through its proper officers or
employees, or the borough may contract with other person to render such service on behalf of the
borough, under its control and direction, and pursuant to specifications showing in detail the
service to be rendered and to rules and regulations adopted by the board of commissioners for the
same, and upon ample security for proper performance being given to the borough. The procedure
to be followed in entering into any such contract shall be in accordance with R.S. 40:48-5, as
amended and supplemented. The borough may recover the cost thereof from the owner by action
at law, which action shall be in addition to any other remedy provided for by this section, and shall
not make void any lien upon real estate provided for by this section, nor prevent the imposition of
any penalty imposed for violation of this or any other ordinance of this borough.
12-5 BUILDING AND HOUSING
1216
12-5 DEFINITIONS.
As used in this chapter:
a. Public officer shall mean the officer or officers who are authorized by this chapter to
exercise the powers prescribed by this chapter.
b. Public authority shall mean any housing authority of any officer who is in charge of any
department or branch of government of the borough relating to health, fire, building
regulations, or to other activities concerning buildings in the borough.
c. Owner shall mean the holder of the title in fee simple.
d. Parties in interest shall mean all individuals, associations and corporations who have
interests of record in a building and any who are in possession thereof.
12-6 BUILDING AND HOUSING
1217
12-6 EXTERIOR DESIGN AND APPEARANCE OF BUILDINGS.
12-6.1 Findings. It is hereby found, determined and declared that excessive uniformity or
similarity in the exterior design and appearance of buildings erected in the borough for occupancy
by single or two families adversely affects the desirability of immediate and neighboring areas for
residence purposes and in so doing impairs the benefits of occupancy of existing residential
property in such area, impairs the stability and value of both improved and unimproved property
in such areas, prevents the most appropriate development of such areas, produces degeneration
and depreciation of residential property in such areas, deprives the municipality of tax revenue
which it otherwise would receive and destroys a proper balance in relationship between the taxable
value of real property in such areas and the costs of municipal services provided therefor, and for
some or all of these reasons, results in a substantial depreciation in the property value of the
borough; and it is further determined and declared that it is the purpose of this section to prevent
these and other harmful effects of excessive uniformity or similarity in the exterior design and
appearance of buildings erected in the borough for occupancy as dwellings by single or two
families and thus to promote the general welfare of the community.
12-6.2 Similar Design to Neighboring Buildings Prohibited. Except as provided in this
section, no person shall build, alter or relocate, and no building permit shall be issued for the
erection, relocation or exterior alteration of any building for occupancy as a dwelling for one or
two families if it is, will be made, or will become similar or substantially similar, to any
neighboring building as hereinafter defined, then in existence or for which a building permit has
been issued, in more than three of the following respects:
a. Substantially identical facade;
b. Height of the main roof ridge, or, in the case of a building with a flat roof, the highest point
of the roof beams, above the elevation of the first floor;
c. Height of the main roof ridge above the top of the plate (all flat roofs shall be deemed
identical in this dimension);
d. Length of the main roof ridge, or, in the case of a building with a flat roof, length of the
main roof;
e. Width between outside walls at the end of the building measured under the main roof at
right angles to the length thereof;
f. Relative location of windows in the front elevation or in each of both side elevations with
respect to each other and with respect any door, chimney, porch or attached garage in the
same elevation;
g. In the front elevation both:
1. Relative location with respect to each other of garage, if attached, porch, if any and the
remainder of the building.
12-6 BUILDING AND HOUSING
1218
2. Either height of any portion of the building located outside the limits of the main roof,
measured from the elevation of the first floor to roof ridge, or, in the case of a flat roof,
the highest point of the roof beams, or width of the portion of the building if it has a
gable in the front elevation, otherwise length of the roof ridge or the flat roof in the
front elevation.
12-6.3 Building Deemed Similar. Buildings shall be deemed to be similar to each other in
any dimension with respect to which the difference between them is not more than two feet. As
to buildings between which the only difference in relative location of elements is end to end or
side to side, reversal of elements shall be deemed to be similar to each other in relative location of
such elements.
12-6.4 Location of Similar Buildings. In relation to the premises with respect to which
permit is sought, a building shall be deemed to be a neighboring building if the lot upon which it
or any part of it has been or will be erected is any one of the following lots, as shown on the tax
map of the borough:
a. Any lot on the street upon which the building to be erected on the premises would front
which is the first or the second lot next along the street in either direction from the premises,
without regard to intervening street lines.
b. Any lot any part of the street line frontage of which is across the street from the premises
or from a lot referred to in paragraph a. of this subsection.
c. Any lot any part of the street line frontage of which faces the end of, and is within the width
of, another street, if there are less than two lots between the premises and the end of the
other street.
d. Any lot on another street which adjoins the premises.
e. Any lot any part of the street line frontage of which is across another street from the
premises or from a lot referred to in the paragraph d of this subsection; provided, however,
that not withstanding any of the foregoing provisions of this section, no building shall be
deemed to be a neighboring building in relation to the premises if its rear elevation faces
the street upon which the building which is to be erected on the premises would front.
12-6.5 Building Permit, Exterior Drawings Required. An applicant for a building permit
for the erection, relocation or exterior alteration of any building for occupancy as a dwelling for
one or two families, shall submit as a part of the application drawings showing the design of the
exterior appearance of the proposed structure.
12-6.6 Denial of Application. In any case in which the building inspector of the borough
shall deny an application for a building permit solely or partly because of a supposed violation of
the provisions of subsection 12-6.2, he shall promptly send to the applicant, by prepaid mail
addressed to the address of the applicant set forth in the application, a notice of his action which
shall specify the ground of grounds upon which the same is based. Insofar as it relates to the
provisions of subsection 12-6.2, action of the building inspector shall be subject to administrative
review only upon an appeal to the building board duly taken under subsection 12-6.7.
12-6 BUILDING AND HOUSING
1219
12-6.7 Appeal to Building Board. Any person aggrieved by action of the building inspector
in denying an application for a building permit solely or partly because of a supposed violation of
the provisions of subsection 12-6.2, and any interested person who claims that action of the
building inspector in granting an application for a building permit violates such provisions may
take an appeal therefrom to the building board by filing a notice of appeal, which shall specify the
grounds thereof, with the building inspector and with the board within 15 days from the date of
which such action was taken. Upon receipt of such notice of appeal, the building inspector shall
forthwith transmit to the board all of the papers constituting the record upon which the action
appealed from was taken, and such appeal shall be heard by the building board in accordance with
the provision of law governing the hearing of appeals by the board.
12-7 BUILDING AND HOUSING
1220 Rev. Ord. Supp. 12/2021
12-7 BUILDING BOARD.
12-7.1 Creation, Members. There is hereby created a building board which shall consist of
the same persons, serving the same terms, as the members of the board of adjustment. Upon any
such person ceasing to be a member of the board of adjustment, he shall automatically cease to be
a member of the building board. The members of the building board shall be appointed initially
by the board of commissioners for terms to expire on the date of expiration of their respective
terms as members of the board of adjustment, and subsequent appointments shall be for terms of
five years each. Vacancies shall be filled for the unexpired term of the member whose place has
become vacant.
12-7.2 Meetings. Meetings of the building board shall be held at the call of the chairman and
at such other times as the board may determine. The chairman, or in his absence, the acting
chairman, may administer oaths and compel the attendance of witnesses. The board shall keep
minutes if its proceedings, showing the vote of each member upon every question, or if absent or
failing to vote, indicating such fact, and shall also keep records of its examinations and other
official actions. The board shall have the power to adopt, amend and repeal rules and regulations,
governing its procedure and the transaction of its business. A majority of the members of the
board shall constitute a quorum for the transaction of business. Every rule or regulation, every
amendment or repeal thereof, and every order, requirement, decision or determination of the board
shall immediately be filed in the office of the board and shall be a public record.
12-7.3 Duty of Board. The building board shall hear appeals from any action of the building
inspector denying a building permit because of a supposed violation of the provisions of this
section and appeals from such other rulings and in respect of such other matters as shall be placed
under its jurisdiction by the board of commissioners.
Unless the building board shall otherwise direct, an appeal to it shall stay all proceedings in
furtherance of the action from which the appeal is taken.
12-7.4 Hearing. The building board shall fix a reasonable time for the hearing of each such
appeal and shall give due notice thereof to the appellant and to the municipal officials or the
municipal board from whose action the appeal is taken. The building board shall render a decision
not later than thirty days from the day of the hearing. If no decision shall be rendered by the
expiration of such thirty day period, unless the appellant shall have agreed to an extension, the
action from which the appeal was taken shall be deemed reversed. Hearings shall be open to the
public and upon a hearing any party may appear in person, by an agent or by attorney.
12-7.5 Powers of Building Board. Upon any appeal, the building board may reverse or
affirm, wholly or partly, or may modify the action from which the appeal was taken. Upon a finding
of practical difficulty or unnecessary hardship the building board shall have the power in passing
upon appeals to vary or modify the strict application of this section, the terms of which occasioned
the action from which the appeal is taken, provided that such relief can be granted without
substantial detriment to the public good and will not substantially impair the intent and purpose of
this section.
12-8 RESERVED. (Ord. No. 2021-19 § 1)
12-9 BUILDING AND HOUSING
1221 Rev. Ord. Supp. 05/2021
12-9 HOURS OF CONSTRUCTION.
12-9.1 Days and hours. Construction and demolition activity, whether performed by a
contractor, business owner, or homeowner, excluding emergency work, shall be performed as
follows: (Ord. No. 2021-09 § 2)
a. Mondays through Fridays
1. After Labor Day through Memorial Day beginning no earlier than 7:00 a.m. and
ending no later than 6:00 p.m.
2. From the day after Memorial Day through Labor Day beginning no earlier than
8:00 a.m. and ending no later than 6:00 p.m.
b. Saturdays
1. From Labor Day through the Friday before Memorial Day weekend beginning no
earlier than 8:00 a.m. and ending no later than 6:00 p.m.
2. From Memorial Day through Labor Day beginning no earlier than 9:00 a.m. and
ending no later than 2:00 p.m., except by the homeowner ending no later than 6
p.m.
(Ord. No. 2021-09 § 3)
c. No construction activity shall be performed on Sundays, except by the homeowner
beginning no earlier than 9:00 a.m. and ending no later than 6:00 p.m.
(Ord. No. 2021-09 § 4)
12-9.2 Exceptions. Exceptions may be made to Section 12-9.1 above for the following
circumstances:
a. In the case of urgent necessity in the interest of public health and safety.
b. The 6:00 p.m. stop time may be extended for the contractor or homeowner to get the house
under roof.
12-9.3 Enforcement, Violations and Penalties. Violation of any provision of this section
shall be cause for an enforcement document to be issued to the violator by the code enforcement
officer or law enforcement officer. The recipient of an enforcement document shall be entitled to
a hearing in the Municipal Court having jurisdiction to contest such action.
(Ord. No. 2009-04 § 1)
12-10 BUILDING AND HOUSING
1222 Rev. Ord. Supp. 09/2012
12-10 UNDERGROUND UTILITIES.
12-10.1 Installation Required. Subject to the requirements of State law and any regulations
promulgated thereunder, prior to the issuance of a Certificate of Occupancy for new construction
or major renovation within the Borough of Harvey Cedars, the property owner(s) shall have all
utility lines for electric, telephone, TV cable or other like or similar services that serve residential
and commercial customers, installed and placed underground, subject only to the exceptions
hereinafter stated; however, above-ground placement, construction, modification or replacement
of meters, gauges, transformers, street lighting (including poles upon which such street lighting is
affixed) and service connection pedestals shall be allowed.
Major renovation is defined as any construction which exceeds fifty percent (50%) of the
replacement value of the structure on the property. (Ord. No. 2010-23 § 3)
In the case of additions, alterations or repairs to existing structures, the above requirements
shall apply when additions, alterations or repairs are made within any 36 month period which costs
exceed 50 percent of replacement value of the existing structure or structures on a given building
lot. (Ord. No. 2012-07 § 2)
12-10.2 Exceptions. Above-ground placement, construction, modification or replacement of
lines shall be allowed in residential and commercial areas where the Board of Commissioners,
following consideration and recommendation by the Planning Board, finds that:
1. Underground placement would place an undue financial burden upon the landowner or the
utility company or deprive the landowner of the preservation and enjoyment of substantial
property rights; or,
2. Underground placement is impractical or not technically feasible due to topographical,
subsoil or other existing conditions which adversely affect underground utility placement.
3. Notwithstanding any other provision of this Ordinance, existing or future infrastructure
(which shall include, but not be limited to poles, wire, cables, transformers and other
equipment) of Atlantic City Electric Company, its successor and assigns, along public
streets and rights of way shall be exempt from the requirement of this ordinance.
12-10.3 Temporary Service. Above-ground placement of temporary service lines shall only
be allowed:
1. During the new construction or major renovation of any project.
2. During any emergency to safeguard lives or property within the Borough.
12-10.4 Placement. All utility lines shall be placed within appropriate easements or
dedicated public ways so as to cause minimum conflict with other underground services.
Whenever feasible or required under State law and any regulations promulgated thereunder, all
utilities shall be placed within the same trench.
12-10.5 Repair and Maintenance of Existing Utilities. Nothing in this Section shall be
construed to prevent repair, maintenance, replacement or modification of existing overhead utility
lines.
(Ord. No. 2009-06 § 1)
12-11 BUILDING AND HOUSING
1223 Rev. Ord. Supp. 10/2020
12-11 USE OF GENERATORS PROHIBITED.
12-11.1 Power Generators. Gas-powered electric generators shall be prohibited on
construction sites or during any construction project. If electric service is not available on site, a
temporary electric power pole shall be installed and activated for electric power.
12-11.2 Exceptions. Exceptions may be made in case of urgent necessity in the interest of
public health and safety.
(Ord. No. 2020-13 § 2)
1301 Rev. Ord. Supp. 01/2017
CHAPTER XIII
ZONING
13-1 TITLE, PURPOSE AND INTERPRETATION.
13-1.1 Title. This chapter shall be known as “The Zoning Ordinance of the Borough of
Harvey Cedars.” (Ord. No. 2001-02 § 1)
13-1.2 Interpretation.
a. For the purpose of consolidation, codification and revision, the Zoning Ordinance of the
Borough, the title of which is set forth in the title hereof, and the various amendments
thereof and supplements thereto, are further amended, consolidated and revised as herein
provided.
b. In their interpretation and application, the provisions of this chapter shall be held to be the
minimum requirements, adopted for the promotion of the public health, safety, morals,
comfort, prosperity and general welfare. It is not intended by this chapter to repeal,
abrogate, annul or in any way impair or interfere with any existing provisions of law or
ordinance or with any rules, regulations or permits previously adopted or issued or which
shall be adopted or issued pursuant to law relating to the uses of building or land, or with
any private restrictions placed upon a property by covenant or deed; provided that where
this chapter requires a greater width of size, or yards, courts or other open spaces, or
requires a greater percentage of lot to be left unoccupied, or imposes restrictions more
extensive than are required by any other statute or local ordinance or regulation, the
provisions of the regulations in this chapter shall govern. (Ord. No. 2001-02 § 1)
13-1.3 Purpose. This chapter is adopted for the purpose of promoting health, safety, morals,
general welfare, securing safety from fire, flood, and other dangers, preventing the overcrowding
of land or buildings, and with the view of conserving the value of property and encouraging the
most appropriate use of land and buildings within the Borough. (Ord. No. 2001-02 § 1)
13-1.4 Applicability of Zoning Regulations. In applying the provisions of this chapter, a
departure from the literal requirement shall not be considered a violation if, in the opinion of the
Zoning Officer, the departure is minimal and necessary to meet safety needs and current code.
(Ord. No. 2016-15 § 1)
13-2 ZONING ORDINANCE
1302 Rev. Ord. Supp. 12/2010
13-2 ZONING MAP.
13-2.1 Adopted by Reference. The Borough is hereby divided into zones, or districts, as
shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby
adopted by reference and declared to be a part of this chapter. (Ord. No. 2001-02 § 1)
13-2.2 Official Zoning Map. The official zoning map shall be identified by the signature of
the Mayor attested by the Borough Clerk, and bearing the seal of the Borough under the following
words: “This is to certify that this is the Official Zoning Map referred to in Ordinance Number
66-4 of the Borough of Harvey Cedars, New Jersey”, together with the date, July 16, 1966. (Ord.
No. 2001-02 § 1)
13-2.3 Changes in Zoning Map. If, in accordance with the provisions of this ordinance and
R.S. 40-55-30, supplements thereto and amendments thereof, changes are made in district
boundaries or other matter portrayed on the Official Zoning Map, such changes shall be made of
the Official Zoning Map promptly after the amendment has been approved by the Mayor and
Commissioners, together with an entry on the Official Zoning Map as follows: “On (date), the
official action of the Mayor and Commissioners, the following change(s) were made in the Official
Zoning Map; (brief description of nature of change(s),” which entry shall be signed by the Mayor
and attested by the Borough Clerk. The amending ordinance shall provide that such changes or
amendments shall not become effective until they have been duly entered upon the Official Zoning
Map. No amendment to this ordinance which involves matter portrayed on the Official Zoning
Map shall become effective until after such change and entry has been made on the Map.
No changes of any nature shall be made in the Official Zoning Map or matter shown thereon
except in conforming with the procedures set forth in this chapter. Regardless of the existence of
purported copies of the Official Zoning Map, which may be made or published, the Official Zoning
Map which shall be located in the office of the Borough Clerk shall be the final authority as the
current zoning status of land and water areas, buildings, and other structures in the Borough. (Ord.
No. 2001-02 § 1)
13-2.4 Replacement of Official Zoning Map. In the event that the Official Zoning Map
becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of the
changes and additions, the Borough Commissioners may by resolution adopt a new Official
Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map
may correct drafting or other errors or omissions in the prior Official Zoning Map but no such
correction shall have the effect of amending the original zoning ordinance or any subsequent
amendment thereof. The new Official Zoning Map shall be identified by the signature of the
Mayor attested by the Borough Clerk, and bearing the seal of the Borough under the following
words: This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning
Map adopted (date of adoption of map being replaced) as part of Ordinance Number 66-4 of the
Borough of Harvey Cedars, New Jersey. (Ord. No. 2001-02 § 1)
13-3 ZONING ORDINANCE
1303 Rev. Ord. Supp. 06/2021
13-3 DEFINITIONS.
Whenever a term used in this chapter is defined in R.S. 40:55D-1 et seq., the term is intended
to have the meaning set forth in the definition of such term in that statute. However, the following
terms, as used in this chapter, shall be defined as follows:
The words “used” or “occupied” shall include the words “intended,” “designed,” or “arranged
to be used or occupied”. The word “lot” shall include the words “plot” or “parcel.”
Accessory use or accessory building shall mean a subordinate use or subordinate building
the purpose of which is incidental to that of the main use or main building and on the same
lot. (Ord. No. 2007-13 § 3)
Addition shall mean an increase in the footprint area of a building, an increase in the height,
or an increase in the number of stories of a building. (Ord. No. 2007-13 § 3)
Alteration shall mean the rearrangement of any space by the construction of walls or
partitions or by a change in ceiling height, the addition or elimination of any door or
window, the extension or rearrangement of any system, the installation of any additional
equipment or fixtures and any work which reduces the loadbearing capacity of or which
imposes additional loads on a primary structural component. (Ord. No. 2001-02 § 1)
Attic shall mean area between ceiling joists of top story and the roof rafters above. An attic
area shall not be finished nor heated and not used for anything but storage or mechanical
equipment. (Ord. No. 2007-13 § 3)
Buildable Lot Area shall mean the portion of a lot remaining after required yard areas have
been set aside. (Ord. No. 2007-13 § 2)
Building shall mean any structure having a roof supported by columns, piers, or walls
including tents, lunch wagons, trailers, dining cars, camp cars, or other structures on wheels
or having other supports and any unroofed platform, terrace or porch having a vertical face
higher than twelve (12) inches above the level on the ground from which the height of the
building is measured.
Building Footprint Area shall mean the sum of the areas enclosed by the principal and
accessory building lines, including any porches and decks. Building footprint area shall
exclude:
air conditioner or generator platforms twenty-four (24) square feet in area and
under; (Ord. No. 2021-15 § 1)
bay windows not extending down to finish floor, twelve (12) square feet or less in
area; outdoor shower enclosures, roofed or unroofed, thirty-two (32) square feet or
less;
(Ord. No. 2007-13 § 2)
chimneys twelve (12) square feet or less in area and not projecting more than two
(2) feet from the structure. (Ord. No. 2010-22 § 1)
If the above areas are exceeded, the portion of area exceeding shall be included in the
building footprint area.
(Ord. No. 2007-13 § 2)
13-3 ZONING ORDINANCE
1304 Rev. Ord. Supp. 07/2017
Building Height shall mean the difference in elevation from the crown of the established
road, street, or easement grade at the center of the front yard to the highest point of the
building or structure. Eastward of Long Beach Blvd., the established grade shall be the
higher elevation of either the existing street or easement, or the established street profile.
The height of properties fronting the eastward side of Long Beach Blvd. shall be based on
the closest east/west easement or street on the eastward side of Long Beach Blvd. See
Section 24-11.10. Westward of Long Beach Blvd., for lots that have been filled 20 inches
(20”) above the centerline street grade, the building height shall be increased by one foot
(1’). See Section 13-7.2 for Height Limits. (Ord. No. 2021-20 § 2)
Building line shall mean a line formed by the intersection of a horizontal plane that
coincides with the exterior surface of the building on any side. In case of a cantilevered or
projected section of a building, the vertical plane will coincide with the most projected
surface, except for roof overhangs projecting two (2) feet or less, or chimneys projecting
two (2) feet or less and bay windows not extending to finish floor less than twelve (12)
square feet in area. All yard requirements are measured to the building line. (Ord. No.
2007-13 § 3)
Certificate of occupancy shall mean a certificate issued by the Borough Building
Administrator and enforced by the Zoning Officer upon completion of construction and/or
alteration of any building, or upon the sale, conveyance, transfer of ownership or change
in the use of any building and/or structure which certified that all requirements of this
chapter or such adjustments thereto which have been granted by the Board of Adjustment
or Planning Board and all other applicable requirements have been complied with. (Ord.
No. 2001-02 § 1)
Courtesy bench shall mean an outside bench and/or seat provided for patrons as a
convenience to use while consuming takeout foods. (Ord. No. 2014-08 § 1)
Deck shall mean an exterior floor system supported on at least two opposite sides by an
adjoining structure and/or posts, piers, or other independent supports. Any deck area with
a deck or roof above shall be considered a porch. (Ord. No. 2007-13 § 3)
Dual Use shall mean a use of land where a single parcel, site, or property is used for two
distinct uses, both of which are permitted uses in the zone and meet all other town and
zoning requirements, specifically a residential use and a commercial use such as a
business/professional office, a retail business or a personal/household service
establishment, being conducted in a single structure or on a single lot.
(Ord. No. 2013-03 § 1)
Dwelling, single-family shall mean a detached residence designed for or occupied by one
(1) family only.
Easement, Pedestrian Access shall mean access easements used for pedestrian traffic to
gain access through a private property. No building or structure, whether principal or
accessory shall be closer than eight (8) feet to the pedestrian access easement line. (Ord.
No. 2017-17 § 1)
Easement, Private Access shall mean an easement created for the purpose of providing
vehicular or pedestrian access across one property to another. (Ord. No. 2017-17 § 1)
13-3 ZONING ORDINANCE
1305 Rev. Ord. Supp. 12/2021
Easement, Utility shall mean the right-of-way acquired by a utility or governmental agency
or local utilities, included but not limited to water, sewer, stormwater and gas mains,
telephone and electric poles, cables, pylons, and towers. Utility easements are not required
to meet minimum setback requirements for zoning purposes. (Ord. No. 2017-17 § 1)
Easement, Vehicular also known as Right-of-Way Easement shall mean an easement
created for the purpose of vehicular ingress and egress. No portion of a vehicular easement
can be included in required setbacks. Setbacks shall be measured from the easement line.
(Ord. No. 2017-17 § 1)
Family shall mean one (1) or more persons occupying a single housekeeping unit and using
common cooking facilities provided that unless all members are related by blood or
marriage, no such family shall contain over five (5) persons.
Fill – see subsection 24-11.10 regarding lot fill, and subsection 16-7.3f regarding
easements and lots. (Ord. No. 2021-20 § 2)
Habitable Areas shall be the heated and air-conditioned areas of buildings utilized for
living, sleeping, eating or cooking, including bathrooms, toilet compartments, closets,
mezzanines, stairways, foyers, halls, storage, utility areas, and closed porches. Habitable
Areas shall not include unheated attics, crawl spaces, basements or garages, decks, open
porches, and floor space less than five (5) feet in height. Habitable Areas will be calculated
from the exterior walls of the structure. (Ord. No. 2007-13 § 3)
Impervious Coverage shall mean the sum of the horizontal areas of generally impervious
surfaces including roof areas, pools and hot tubs, roofed over decks and fiberglass decks,
brick or concrete pavers, asphalt, concrete, and similar type pavements that cover the Lot.
Timber or plastic decks having open joints, and gravel, shell or stone surfaces are not
considered Impervious Coverage. (Ord. No. 2007-13 § 2)
Lot shall mean a parcel of land of at least sufficient size to meet minimum zoning
requirements for use, coverage and area, and to provide such yards and other open spaces
as herein required. Such lot shall have direct vehicular access to an improved public street
as herein defined and may consist of:
a. A single lot of record;
b. A portion of a lot of record;
c. A combination of complete lots of record, of complete lots of record and portions of
lots of record, or of portions of lots of record;
d. A parcel of land described by metes and bounds, provided that in no case of division
or combination shall any residential lot or parcel be created which does not meet the
requirements of this chapter.
Lot Coverage shall be the ratio of building footprint area to upland lot area.
(Ord. No. 2007-13 § 2)
13-3 ZONING ORDINANCE
1306 Rev. Ord. Supp. 05/2014
Lot frontage shall mean on regular lots, the front shall be construed to be the portion nearest
the public street. In determining yard requirements, all sides of any regular lot adjacent to
the public street shall be considered frontage unless otherwise modified herein.
Lot width shall be determined by measurement across the rear of the required front yard,
provided, however, that width between side lot lines at the points where they intersect the
street line shall not be less than eighty (80%) percent of required minimum lot width, except
in the case of lots on the turning circle of cul-de-sac or at points of street curvature where
the radius at the right-of-way line of the street (or circle approximately following the right
and intersection the foremost points of the side lot lines) is less than ninety (90) feet, in
which case the eighty (80%) percent requirement shall not apply; however, the minimum
width at the street line in the situation where the radius is less than ninety (90) feet, shall
not be less than twenty-five (25) feet.
Parking space, off-street shall mean an off-street parking space comprising not less than
one hundred eighty (180) square feet of parking stall plus necessary maneuvering space,
shape for maneuvering incidental to parking or unparking shall not encroach upon any
public way. Every off-street parking space shall be accessible from a public way.
(Ord. No. 2001-02 § 1)
Porch shall mean one of the following:
a. Closed Porch shall mean a deck area with a roof or deck entirely above and covering
to the deck extents, and having solid or paneled railings, insert screening or storm
panels.
b. Open Porch shall mean a deck area with a roof or deck above, and railing open in area
for at least one half of the porch perimeter outside of the building wall. No additional
enclosure materials or walls are permitted including screening, storm windows, drop
curtains, or other temporary enclosures.
(Ord. No. 2007-13 § 3)
Reconstruction shall mean any project where the extent and nature of the work is such that
the work area cannot be occupied while the work is in progress and where a new certificate
of occupancy is required before the work area can be reoccupied. Reconstruction may
include repair, renovation, alteration, or any combination thereof. For further clarification
of such definitions reference shall be to the New Jersey Administrative Code, N.J.A.C.
5:23-6.4 et seq.
Restaurant, full service shall mean any establishment, however designated, at which food
is sold for consumption on the premises, but normally to patrons seated within an enclosed
building with table service. (Ord. No. 2014-08 § 1)
Restaurant, limited service shall mean any establishment where the majority of the patrons
purchase food, soft drinks, ice cream and similar confections for takeout or consumption
on the premises, inside or outside the enclosed building regardless of whether or not seats
or accommodations are provided for the patrons. (Ord. No. 2014-08 § 1)
13-3 ZONING ORDINANCE
1307 Rev. Ord. Supp. 01/2017
Retail food shall mean any establishment which food is sold for consumption off premises
with no permitted table seating. (Ord. No. 2014-08 § 1)
Retail food/limited service shall mean any establishment which food and/or sundries are
sold for use off premises with permitted table seating. (Ord. No. 2014-08 § 1)
Signs shall mean any device designed to inform or attract the attention of persons not on
the premises on which the sign is located, provided however, that the following shall not
be included in the application of the regulations herein.
a. Signs not exceeding one (1) square foot in area and bearing only property numbers,
post box numbers, names of occupants or premises, or other identification of premises
not having commercial connotations.
b. Flags and insignias of any government except when displayed in connection with
commercial promotion.
c. Legal notices, identification, information, or directional signs erected or required by
government bodies.
d. Integral decorative or architectural features of buildings, except letters, trademarks,
moving parts, or moving lights.
e. Signs directing and guiding traffic and parking on private property but bearing no
advertising matter.
Signs, numbers and surface area for the purpose of determining number of signs, a sign
shall be considered to be a single display surface or display device containing elements
organized, related and composed to form a unit. Where matter is displayed in a random
manner without organized relationship of elements, each element shall be considered to be
a single sign. The surface area of a sign shall be computed as including the entire area
within a regular geometric form comprising all of the display area of the sign and including
all of the elements of the matter displayed. Frames and structural members not bearing
advertising matter shall not be included in computation of surface area.
Sign, on-site shall mean a sign relating in its subject matter to the premises on which it is
located, or to products, accommodations, services, or activities on the premises.
(Ord. No. 2001-02 § 1)
Story shall be a vertical dimension and shall mean that portion of a building included
between the upper surface of a floor and the upper surface of the floor or roof above it. A
split-level story shall be considered a second story if its floor level is six feet or more above
the level of the line of the finished floor next below it. (Ord. No. 2007-13 § 3)
Street line shall mean the right-of-way line of a street.
Structure shall mean anything constructed or erected with a fixed location on the ground,
or attached to something having a fixed location on the ground. Among other things,
structures include buildings, mobile homes, walls, fences, billboards, poster panels, and
decks. (Ord. No. 2001-02 § 1)
13-3 ZONING ORDINANCE
1308 Rev. Ord. Supp. 03/01
Upland Lot Area shall mean the area of a lot exclusive of any open water, lagoon or wetland
areas. Open water area shall be measured from the mean high water line established on
the current property survey. (Ord. No. 2007-13 § 2)
Waiting bench shall mean an outside bench and/or seat provided for patrons as a
convenience to use while waiting to be seated at a table. No consumption of food is
permitted on waiting benches. (Ord. No. 2014-08 § 1)
Yard shall mean a required open space other than a court, unoccupied and unobstructed by
any structure or portion of a structure from twelve (12) inches above the general ground
level on the graded lot upward, provided, however, that fences, walls, poles, posts and other
customary yard accessories, ornaments, and furniture may be permitted in any yard subject
to height limitations and requirements limiting obstruction of visibility as indicated herein.
Yard abutting public streets shall mean required yard abutting public streets to be measured
in the following manner. A straight line shall be drawn between two (2) points at which
lot lines intersect street lines on any face of the lot. Where property corners are rounded,
such points shall be plotted by projecting lot lines to the point where they would have met
the street line without rounding. Depth of required yards abutting public streets shall be
measured perpendicular to such straight lines, and the inner line of such required yards
shall be parallel to the outer line so established.
In any such required yard abutting a public street, no fence, wall, or hedge shall be
permitted which materially impedes visibility across such yard between a height of twenty-
four (24) inches and eight (8) feet. (Ord. No. 2016-15 § 2)
a. Front yard shall mean a yard extending between side lot lines across the front of a lot
adjoining a public street. On through lots, unless the prevailing lot pattern indicates
otherwise, front yards shall be provided on all frontages in accordance with the general
regulations of the district concerning minimum depth of front yards. This definition
shall not apply to lots which are less than one hundred (100) feet in depth. In those
cases, the property owner can choose which street will be considered the Front Yard.
(Ord. No. 2007-13 § 4)
b. Side yard shall mean a yard extending from the rear line of the required front yard to
the rear lot line, or in the absence of any clearly defined rear lot line to the point on the
lot farthest from the intersection of the lot line involved with the public street.
Width of a required side yard shall be measured in such a manner that the yard
established is a strip of the minimum width required by district regulations with its
inner edge parallel with the side lot line.
c. Rear yard shall mean a yard extending across the rear of the lot between inner side yard
lines. In the case of through lots and corner lots, there will be no rear yards, but only
front and side yards.
Depth of required rear yard shall be measured in such manner that the yard
established is a strip of the minimum width required by district regulations with its
inner edge parallel with the rear lot line. (Ord. No. 2001-02 § 1)
13-4 ZONING ORDINANCE
1309 Rev. Ord. Supp. 03/01
13-4 ESTABLISHMENT OF DISTRICTS.
13-4.1 Interpretation of District Boundaries. Where uncertainty exists as to the boundaries
of districts as shown on the Official Zoning Map, the following rules shall apply.
a. Boundaries indicated, as approximately following the centerlines of streets, highways, or
alleys shall be construed to follow the centerlines.
b. Boundaries indicated, as approximately following platted lot lines shall be construed as
following such lot lines.
c. Boundaries indicated as following ocean shorelines shall be construed to follow such
shorelines, and in the event of change in the shoreline, shall be construed as moving with
the actual shoreline; boundaries indicated as following shorelines other than along ocean
shall be construed to follow the exterior pier headline established by the Bureau of
Navigation of the State of New Jersey.
d. Boundaries indicated as parallel to or extensions of features indicated in paragraphs a.
through c. above shall be so construed. Distances not specifically indicated on the Official
Zoning Map shall be determined by the scale of the map.
e. Where physical or cultural features existing on the ground are at variance with those shown
on the Official Zoning Map, or in other circumstances not covered by paragraphs a. through
d. above, the Board of Adjustment shall interpret the district boundaries.
(Ord. No. 2001-02 § 1)
13-4.2 Application of District Regulations. The regulations set by this chapter within each
district shall be minimum regulations and shall apply uniformly to each class or kind of structure
or land, and particularly, except as hereinafter provided:
a. No building, structure or land shall hereafter be used or occupied, and no building or
structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or
structurally altered unless in conformity with all of the regulations herein specified for the
district in which it is located.
b. No building or other structure shall hereafter be erected or altered:
1. To exceed the height;
2. To accommodate or house a greater number of families;
3. To occupy a greater percentage of lot area;
4. To have narrower or smaller rear yards, front yards, side yards, or other open spaces;
than herein required; or in any other manner contrary to the provisions of this chapter.
13-4 ZONING ORDINANCE
1310 Rev. Ord. Supp. 03/01
c. No part of a yard, or other open space, or off street parking or loading space required about
or in connection with any building for the purpose of complying with this chapter, shall be
included as part of a yard, open space, or off street parking or loading space similarly
required for any other building.
d. No yard or lot existing on July 16, 1966 shall be reduced in dimension or area below the
minimum requirements set forth herein. Yards or lots created after July 16, 1966 shall
meet at least the minimum requirements established by this chapter.
e. All territory which may hereafter be annexed to the Borough shall be considered to be
zoned in the same manner as the contiguous territory inside previous Borough limits until
otherwise classified.
(Ord. No. 2001-02 § 1)
13-5 ZONING ORDINANCE
1311 Rev. Ord. Supp. 03/01
13-5 NONCONFORMING LOTS, NONCONFORMING USES OF LAND,
NONCONFORMING STRUCTURES, AND NONCONFORMING
USES OF STRUCTURES AND PREMISES.
13-5.1 Intent. Within the districts established by this chapter or amendments that may later
be adopted there exist lots, structures, and uses of land and structures which were lawful before
this chapter was passed or amended, but which would be prohibited, regulated, or restricted under
the terms of this chapter or future amendment.
It is the intent of this chapter to permit these nonconformities to continue until they are
removed, but not to encourage their survival. Such uses are declared by this chapter to be
incompatible with permitted uses in the districts involved. It is further the intent of this chapter
that nonconformities shall not be enlarged upon, expanded or extended, not be used as grounds for
adding other structures or uses prohibited elsewhere in the same district.
(Ord. No. 2001-02 § 1)
13-5.2 Extension. A nonconforming use of a structure, a nonconforming use of land, or a
nonconforming use of a structure and land shall not be extended or enlarged after July 16, 1966 by
attachment of a building or premises of additional signs intended to be seen from off premises, or
by the addition of other uses of a nature which would be prohibited generally in the district
involved. (Ord. No. 2001-02 § 1)
13-5.3 Construction Previously Approved. To avoid undue hardship, nothing in this chapter
shall be deemed to require a change in the plans, construction, or designation use of any building
on which actual construction was lawfully begun prior to July 16, 1966 or date of amendment of
this chapter and upon which actual building construction has been diligently carried on. Actual
construction is hereby defined to include the placing of construction materials in permanent
position and fastened in a permanent manner; except that where demolition or removal of an
existing building has been substantially begun preparatory to rebuilding, such demolition or
removal shall be deemed to be actual construction, provided that work shall be diligently carried
on until completion of the building involved. (Ord. No. 2001-02 § 1)
13-5.4 Nonconforming Lots of Record. In any district in which single-family dwellings are
permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family
dwelling and customary accessory buildings may be erected on any single lot of record on July 16,
1966, or date of amendment of this chapter. Such lot must be in separate ownership and not of
continuous frontage with other lots in the same ownership. This provision shall apply even though
such lot fails to meet the requirements for area or width, or both, that are generally applicable in
the district, provided that yard dimensions and other requirements not involving area or width, or
both, of the lot shall conform to the regulations for the district in which such lot is located.
Variance of area, width, and yard requirements shall be obtained only through action of the Board
of Adjustment. (Ord. No. 2001-02 § 1)
13-5.5 Nonconforming Lots of Single Ownership. If two (2) or more lots or combinations
of lots and portions of lots with continuous frontage in single ownership are of record on July 16,
1966 or date of amendment of this chapter, and if all or part of the lots do not meet the requirements
for lot width and area as established by this chapter, the lands involved shall be considered to be
an undivided parcel for the purposes of this chapter, and no portion of the parcel shall be used or
sold which does not meet lot width and area requirements established by this
13-5 ZONING ORDINANCE
1312 Rev. Ord. Supp. 03/01
chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or
area below the requirements stated in this chapter. (Ord. No. 2001-02 § 1)
13-5.6 Nonconforming Uses of Land. Where, on July 16, 1966, or date of amendment of
this chapter, lawful use of land exists that is made no longer permissible under the terms of this
chapter as enacted or amended, such use may be contained so long as it remains otherwise lawful,
subject to the following provisions.
a. No such nonconforming use shall be enlarged or increased, nor extended to occupy a
greater area of land that was occupied on July 16, 1966 or the date of amendment of this
chapter;
b. No such nonconforming use shall be moved in whole or in part to any other portion of the
lot or parcel occupied by such use on July 16, 1966 or date of amendment of this chapter;
c. If any such nonconforming use of land ceases for any reason for a period of more than
twelve (12) months, any subsequent use of such land shall conform to the regulations
specified by this chapter for the district in which the land is located.
(Ord. No. 2001-02 § 1)
13-5.7 Nonconforming Structures. Where a lawful structure exists on July 16, 1966 or the
date of amendment of this chapter that could not be built under the terms of this chapter by reason
of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its
location on the lot, such structure may be continued so long as it remains otherwise lawful, subject
to the following provisions:
a. No such structure may be enlarged or altered in a way which increases its nonconformity;
b. Should the structure be destroyed by an act of God, or a natural disaster, it may be rebuilt
to the extent it existed prior to its destruction, otherwise, it shall not be reconstructed except
in conformity with the provisions of this chapter; subject, however, to the further provision
that any such structure must be so reconstructed within one (1) year from the date of its
destruction. If a nonconforming structure is demolished purposely then any replacement
structure shall conform to all current zoning ordinances.
c. Should the structure be moved for any reason for any distance whatsoever, it shall
thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. No. 2001-02 § 1)
13-5.8 Nonconforming Uses of Structures. If a lawful use of a structure, or of structure and
premises in combination, existed on July 16, 1966, or on the date of amendment of this chapter,
that would not be allowed in the district under the terms of this chapter, the lawful use may be
continued so long as it remains otherwise lawful, subject to the following provisions:
a. No existing structure devoted to a use not permitted by this chapter in the district in which
it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally
altered except in changing the use of the structure to a use permitted in the district in which
it is located;
13-5 ZONING ORDINANCE
1313 Rev. Ord. Supp. 09/2017
b. Any nonconforming use may be extended throughout any parts of a building which were
manifestly arranged or designed for such use on July 16, 1966 or of amendment of this
chapter, but no such use shall be extended to occupy any land outside such building;
c. If no structural alterations are made, any nonconforming use of a structure, or structure and
premises, may be changed to another nonconforming use provided that the Board of
Adjustment, either by general rule or by making findings in the specific case, shall find
that the proposed use is equally appropriate or more appropriate conditions and safeguards
in accord with the provisions of this chapter;
d. Any structure, or structure and land combination, in or on which a nonconforming use is
superseded by permitted use, shall thereafter conform to the regulations for the district in
which such structure is located, and the nonconforming use may not thereafter be resumed;
e. When a nonconforming use of a structure, or structure and premises in combination, is
discontinued or abandoned for twelve (12) consecutive months or twenty-four (24) months
during any three (3) year period, the structure, or structure and premises in combination,
shall not thereafter be used except in conformance with the regulations of the district in
which it was located;
f. Where nonconforming use applies to a structure and premises in combination, removal or
destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. No. 2001-02 § 1)
13-5.9 Repairs and Maintenance. On any building devoted in whole or in part to any
nonconforming use, work may be done in any period of twelve (12) consecutive months on
ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing,
provided that the cubic content of the building as it existed on July 16, 1966 or amendment of this
chapter, shall not be increased.
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition
of any building or part thereof declared to be unsafe by any official charged with protecting the
public safety, upon order of such official. (Ord. No. 2001-02 § 1)
13-5.10 Uses Under Exception Provisions Not Nonconforming Uses. Any use for which a
special exception is permitted as provided in this chapter shall not be deemed a nonconforming
use, but shall without further action be deemed a conforming use in such district.
(Ord. No. 2001-02 § 1)
13-6 ZONING ORDINANCE
1314 Rev. Ord. Supp. 11/2017
13-6 ESTABLISHMENT OF ZONES.
For the purpose of this chapter, the Borough of Harvey Cedars is hereby divided into the
following districts:
Symbol Name
R-A Single-Family, Residential District
R-AA Single-Family, Residential District
GB General Business District
LC Limited Commercial District
MC Marine Commercial District
RS Residential Boat Slip District
(Ord. No. 2017-25 § 1)
13-7 ZONING ORDINANCE
1315 Rev. Ord. Supp. 04/2018
13-7 GENERAL REGULATIONS.
13-7.1 Zoning Affects Every Use and Structure.
a. Except as previously or hereinafter provided, it shall be unlawful to locate, relocate, erect,
construct, reconstruct, enlarge or structurally alter any building or structure except in
conformity with the regulations of the district in which such building or structure is located.
b. Except as previously or hereinafter provided, it shall be unlawful to use any land or building
for any purpose other than is permitted in the district in which such land or building is
located.
(Ord. No. 2001-02 § 1)
13-7.2 Height Limits.
a. No building or structure shall be built or enlarged to exceed three (3) stories from grade.
(Ord. No. 2007-13 § 5)
b. No building or structure may exceed two (2) stories of habitable areas, excluding an entry
foyer and stairway not exceeding one hundred (100) square feet in area.
(Ord. No. 2014-14 § 1)
c. No building or structure shall exceed a maximum sloped-roof height of thirty-two (32) feet.
When existing setbacks do not meet or exceed the required setbacks of the district, the
height shall not exceed thirty (30) feet. A flat-roofed building with a pitch less than one in
twelve, or other structure, shall not exceed twenty-eight (28) feet. Deck railings shall not
exceed thirty-one (31) feet in height. (Ord. No. 2007-13 § 5)
d. No building or structure on a lot with thirty (30) feet or less of frontage shall be built or
enlarged to exceed twenty-four (24) feet in height. Lots exceeding thirty (30) feet in
frontage may exceed the twenty-four (24) foot height limit at a rate of one (1) additional
foot for every two (2) feet of additional lot width. In the case of cul-de-sac lots, the frontage
shall be measured at the front setback line. (Ord. No. 2016-12 § 1)
e. Exceptions to the height limit may be found in Section 13-8. (Ord. No. 2007-13 § 5)
13-7.3 Coverages.
a. Lot coverage in the R-A, R-AA, GB and LC districts shall not be greater than thirty-three
(33%) percent. Lot coverage by building footprint area exclusive of decks or open Porches
shall not exceed twenty-nine (29%) percent.
b. The ratio of the area of habitable areas to the upland lot area shall not exceed fifty (50%)
percent.
c. The ratio of the impervious coverage area to the upland lot area shall not exceed seventy-
five (75%) percent. For oceanfront lots, the 75% calculation shall be made only on that
area of the lot lying generally westward of the oceanfront building line. For the purposes
of calculating impervious lot coverage, no portion of the lot which is mapped as wetlands,
vehicular easements and no portion which is riparian shall be included in the calculation of
determining permissible impervious lot coverage. (Ord. No. 2017-27 § 1)
13-7 ZONING ORDINANCE
1316 Rev. Ord. Supp. 09/2011
d. The ratio of the sum of the building footprint area and the areas of a swimming pool taken
with adjacent at-grade walkways (timber or other material) and patios within three (3) feet
of the pool to the upland lot area shall not exceed forty-three (43%) percent. (Ord. No.
2018-04 § 1)
13-7.4 Easements.
a. No building or structure shall be erected on a lot of less than five thousand (5,000) square
feet and having a frontage of less than fifty (50) feet upon a dedicated or approved street,
road, or public or private way not less than fifty (50) feet wide, except that in that portion
thereof lying southeastwardly of Long Beach Boulevard and between the southerly
boundary line of the Borough and Cumberland Avenue, a building may be erected on a lot
fronting on a private way not less than twenty-five (25) feet wide provided that the lot is at
least six thousand (6,000) square feet in area and has a frontage on the private way of at
least sixty (60) feet and has a front yard setback of at least fifteen (15) feet.
b. Each lot must front upon an approved street at least fifty (50) feet in width, except lots
fronting the “beach-dune protective facility” as shown on the map entitled “Ocean Front
Building Line and Bulkhead Line for the Borough of Harvey Cedars” prepared by Thomas
J. Taylor Associates, Borough Engineers, dated March 5, 1965 and on file in the office of
the Borough Clerk or any revision thereof. Such lot may front the facility provided an
easement, right-of-way, or a portion of the lot is provided giving access from the lot to a
street or an existing easement at least twenty-five (25) feet wide. The easement, right-of-
way, or portion of the lot shall not exceed one hundred fifty (150) feet in length, shall
extend the entire length of any lot to which it gives access, shall be at least twenty (20) feet
in width along its entire length, and shall be maintained in such a manner as to provide
vehicular access to the lot and so as not to be a blighting or deteriorating influence on
neighboring property. No building or structure, whether principal or accessory, shall be
closer than eight (8) feet to the easement line.
c. A Lot May Also Front on Barnegat Bay. Lots fronting on Barnegat Bay shall have access
to a street at least fifty (50) feet wide by way of an easement or right-of-way at least fifteen
(15) feet wide. Said easement shall extend the entire length of any lot to which it gives
access, and shall not give access to more than one (1) lot, and shall be maintained in such
a manner so as to provide vehicular access to the lot, and so as not to be a blighting or
deteriorating influence on neighboring property. No building or structure, principal or
accessory, shall be closer than three (3) feet to the easement line.
d. Every lot created pursuant to this subsection shall have a minimum area of five thousand
(5,000) square feet. In computation of such area, no portion of a street or easement shall
be included. (Ord. No. 2001-02 § 1)
e. Any private easement established for the purpose of ingress and egress for the benefit of
properties on that easement shall be maintained by the owners thereof in such a manner as
to be level, unobstructed, free of depressions, potholes and the like. They shall be of a
material so as to ensure that any emergency vehicles, such as, but not limited to, fire, police
and first aid, may obtain uninhibited access through said easement and further shall ensure
that said emergency vehicles will not be damaged thereby and emergency personnel and/or
occupants are not injured thereby.
13-7 ZONING ORDINANCE
1317 Rev. Ord. Supp. 10/2016
Easements developed for the purpose of ingress and egress shall remain clear and
unobstructed by trees, hedges, bushes, branches or any other growth for a minimum of
fifteen (15) feet wide and unlimited height clearance so as to ensure that any emergency
vehicle may obtain uninhibited access, nor shall they have any other material obstructions
such as but not limited to stone walls, landscaping devices, fences, buildings or other
materials on or within the easement area. See Section 13-15.4(c) regarding trash rack
placement for easements. Temporary structures of any kind shall not be permitted on or
within the easement area.
(Ord. No. 2011-14 § 2)
13-7.5 Area and Yard Requirements. All area and yard requirements are based on the
district in which the lot lies. (Ord. No. 2001-02 § 1)
13-7.6 Required Yards Cannot Be Reduced or Used by Another Building. No open space
provided around any building for the purpose of complying with the provisions of this chapter
shall be considered as providing open space for any other building.
(Ord. No. 2001-02 § 1)
13-7.7 Accessory Buildings in All Districts. An accessory building shall be subject to the
following requirements:
a. All accessory buildings must meet the area and yard requirements of the district.
b. They shall not be located in any required front yard space.
c. Such buildings shall not exceed one (1) story or fifteen (15) feet in height.
d. The minimum distance of any accessory building from an adjoining building shall be five
(5) feet.
e. Accessory buildings may be erected as a part of the principal building provided that all
yard requirements of this chapter for the principal building are complied with.
(Ord. No. 2001-02 § 1)
13-7.8 Yards Adjacent to Barnegat Bay, Lagoons, Coves, and Other Bodies of Water.
There shall be an open, unoccupied space between the shoreline at mean high water and a line
drawn parallel thereto of not less than fifteen (15) feet with the exception of any structure or portion
of a structure less than twelve (12) inches above the general ground level.
(Ord. No. 2001-02 § 1)
13-7.9 Lots Adjacent to the Beach-Dune Facility. All lots adjacent to the beach-dune
protective facility as shown on the map entitled “Ocean Front Building Line and Bulkhead Line
for the Borough of Harvey Cedars” prepared by Thomas J. Taylor Associates, Borough Engineers,
dated March 5, 1965, and on file in the office of the Borough Clerk, or any revision thereof. Any
residential structure built on one of these lots shall have the bottom of the first floor joist at a
minimum elevation of sixteen (16) feet above mean sea level or three (3) feet above the center line
elevation of the existing street grade, whichever is higher.
(Ord. No. 2001-02 § 1)
13-7 ZONING ORDINANCE
1318 Rev. Ord. Supp. 12/2021
13-7.10 Delineated Wetlands Line. There shall be a minimum setback in all zones of eight
(8) feet from the delineated wetlands line for all structures or buildings. (Ord. No. 2001-02 § 1)
13-7.11 Lighting. Wherever outdoor lighting or illumination of any type is to be used to
illuminate any structure or use, application shall first be made to the Zoning Officer for a permit.
In determining whether or not to permit the lighting or illumination, the Zoning Officer shall give
due consideration to the following factors:
a. The direct source of illumination shall not be visible from any public street.
b. The direct source of illumination shall not reflect into or upon any structure or use not on
the same lot as the source of illumination. (Ord. No. 2001-02 § 1)
13-7.12 Second Dwelling – Prohibited. There shall not be more than one principal structure
or dwelling on any lot of record. (Ord. No. 2007-13 § 7)
13-7.13 Flood Zone. Habitable areas shall be constructed in accordance with applicable
FEMA Flood Zone Regulations. However, entry foyers and stairways may be constructed below
the mapped flood plain elevation up to a maximum of one hundred (100) square feet in area.
(Ord. No. 2016-12 § 2)
13-7.14 Bulkheads.
a. Permit required. Before any work of the type described in this section may begin, a
bulkhead permit must be obtained. Plans and specifications showing compliance with the
bulkhead design standards shall be provided. Work in progress shall be subject to
inspection by the Code Enforcement Officer to assure compliance.
b. All new bulkheads shall be constructed in accordance with all applicable Borough and
State statutes and amendments. The top of all bayside and lagoon bulkheads shall have a
minimum elevation of five feet (5’) Mean Sea Level NAVD 1988.
(Ord. No. 2021-20 § 1)
13-8 ZONING ORDINANCE
1319 Rev. Ord. Supp. 09/2011
13-8 PERMITTED MODIFICATIONS AND EXCEPTIONS.
13-8.1 Exceptions to the Height Limits. The following exceptions to the height limit are
permitted:
a. Roof structures for the housing of stairways, tanks, ventilating fans, air conditioning
equipment, or similar equipment required to operate and maintain the building, and fire or
parapet walls, towers and steeples, are permitted only on commercial structures which are
located in the Limited Commercial District, General Business District and Marine
Commercial District.
1. Spires, belfries, cupolas and domes are permitted on churches only.
2. Chimneys venting fossil burning devices may exceed the height limit by not more than
two (2) feet. (Ord. No. 2002-14 § 4)
b. Existing ocean front dwellings directly fronting the Atlantic Ocean beach front may, under
the following circumstances, exceed the current height limitations. Those circumstances
are:
1. The dwellings were constructed and occupied prior to the effective date of this
subsection “b.” of the Zoning Ordinance.
2. The first floor habitable living area has a finished floor elevation lower than 23.
3. The dwelling owner may then apply to raise the dwelling so that the existing first floor
habitable living area does not exceed elevation 23.
4. This exception shall only apply to the existing homes hereinabove described and shall
not apply to current structures where demolition is planned or proposed. It also shall
not apply or allow a dwelling owner to add another level to the current structure but is
restricted to raising the current structure as above described. Additions to the raised
structure will be permitted provided they meet all zoning ordinance requirements
including maximum building height as specified in 13-8.1.c below. (Ord. No. 2014-01
§ 1)
c. New ocean front dwellings fronting the Atlantic Ocean beach front:
1. The first floor living area shall be set at a maximum elevation of 23 feet, 1988 NAVD.
2. The height above the new first floor elevation shall not exceed 23 feet. A flat-roofed
building with a pitch less than one in twelve shall not exceed twenty (20) feet.
3. Deck railings shall not exceed twenty-three (23) feet in height above the first floor
elevation.
(Ord. No. 2014-01 § 2)
13-8.2 Exceptions to Setbacks in R-A Single Family, Residential District. If a structure is
to be located on a corner lot with an area of six thousand (6,000) square feet or less it shall be
permitted to have one (1) front yard setback of twenty (20) feet and one (1) front yard setback of
ten (10) feet at the property owners choice, provided that the location of the structure does not
encroach on the site triangle as set forth in subsection 13-15.3 herein. The front yard setback of
twenty (20) feet may be decreased to fifteen (15) feet for the construction of decks or open porches
(see definitions). (Ord. No. 2004-21 § 1)
13-8 ZONING ORDINANCE
1320 Rev. Ord. Supp. 10/2016
13-8.3 Permitted Exceptions to Setbacks in All Zones. The following shall be exempt from
setback requirements in all zones:
1. Bay windows provided they do not exceed 18 inches into the required setback and do not
extend downward to the finished floor
2. Roof overhangs projecting two (2) feet or less
3. Chimneys projecting two (2) feet or less
(Ord. No. 2010-22 § 2)
13-8.4 Exceptions to Houses Being Raised.
1. Construction of landings and stairs in connection with a house being raised to above the
base flood elevation (BFE) level shall be allowed an additional 60 square feet for
reconfigured entry and stairs and shall not be considered building coverage.
2. Construction of landings and stairs in connection with houses being raised as defined in
Subsection 13-8.1b above shall be allowed an additional 200 square feet for reconfigured
entry and stairs and shall not be considered in building coverage. In addition,
reconfigurement of entry stairs and landings may encroach into front, side and rear yard
setbacks.
3. House raises defined in Subsection 13-8,1b shall be permitted to maintain existing non-
conforming setbacks.
4. All house raised under this section shall be subject to a review and approval by the Borough
Engineer.
(Ord. No. 2011-14 § 3)
13-9 ZONING ORDINANCE
1321 Rev. Ord. Supp. 10/2016
13-9 R-A, SINGLE-FAMILY, RESIDENTIAL DISTRICT.
The following regulations shall apply to all R-A Districts. (Ord. No. 2001-02 § 1)
13-9.1 Principal Uses and Buildings Permitted.
a. Dwelling, single-family;
b. Churches and other places of worship, and Sunday School buildings and parish houses;
c. Public, parochial and private schools;
d. Public museums and libraries;
e. Public utilities structures;
f. Model homes maintained in connection with real estate developments will be permitted at
the discretion of the Planning Board. (Ord. No. 2001-02 § 1)
13-9.2 Accessory Uses and Buildings Permitted.
Model homes, if permitted at the discretion of the Planning Board, shall be occupied by no
more than the owner and one (1) person employed in such office. (Ord. No. 2016-12 § 3)
13-9.3 Home Occupations.
Home Occupation shall mean a business, profession, occupation or trade conducted for gain
or support entirely within a residential building which is incidental and secondary to the use of
such building for dwelling purposes and which does not change the essential residential
character of such buildings. A home occupation shall further be defined as an accessory use.
a. Home occupations shall be conducted only by members of a family residing in a dwelling
unit plus not more than one (1) person not a resident of the dwelling unit, and conducted
entirely within the dwelling or accessory building.
b. All vehicles used in connection with home occupations shall be of a size, and be located
on the premises in such a manner, so as to not disrupt the quiet nature and visual quality of
the neighborhood.
c. Private garages may be used provided that no more than two (2) commercial vehicles, not
exceeding two (2) tons each, shall be parked or stored inside.
d. The use of the property for the home occupation shall be clearly incidental and subordinate
to its use for residential purposes by its occupants, and not more than 400 square feet shall
be used for the purpose of a home occupation.
e. Two (2) off-street parking spaces are required in addition to the two (2) required for
residential parking.
13-9 ZONING ORDINANCE
1322 Rev. Ord. Supp. 01/2017
f. One (1) unlighted sign of a maximum of four (4) square feet is permitted. A sign permit is
required.
g. The home occupation shall not generate the business or care of more than two (2) clients
at any one time and shall be by appointment only.
h. No home occupation shall:
1. Store material outdoors so as to disrupt the quiet nature and visual quality of the
neighborhood.
2. Cause a nuisance to the neighborhood for reason of noise, odor, congestion, traffic,
vibration, electrical or other interference and other causes.
3. Cause vehicular traffic that will create a nuisance to the neighborhood or be detrimental
to the residential character of the neighborhood.
4. Offer for sale or sell articles except such as may be produced by members of the
immediate family residing in the dwelling and others as herein provided.
5. Include the breeding, raising, care, boarding or maintenance of animals.
(Ord. No. 2016-12 § 5)
13-9.4 Area and Yard Requirements.
a. Every lot in the R-A District shall have a minimum width of fifty (50) feet.
b. Every lot in the R-A District shall have a minimum area of five thousand (5,000) square
feet subject to the following requirements:
1. A front yard of twenty (20) feet shall be provided.
2. A rear yard of ten (10) feet shall be provided.
3. Two (2) side yards, each ten (10) feet shall be provided.
4. The front yard setback of twenty (20) feet may be decreased to fifteen (15) feet for the
construction of decks or open porches (see definitions). (Ord. No. 2002-14 § 6)
5. The front yard setback of twenty (20) feet may be decreased to 15 feet for oceanfront
properties. (Ord. No. 2004-21 § 2)
c. Where a structure which does not meet the requirements of this section existed prior to the
effective date thereof, the structure can be altered or enlarged, provided the nonconformity
is not enlarged, and further provided the alteration or addition does not exceed fifty (50)
percent of the replacement value of the existing structure.
(Ord. No. 2010-22 § 3)
(Ord. No. 2016-12 § 4)
13-9.5 Prohibited Uses and Buildings. Any uses and buildings not listed above in
subsections 13-9.1 and 13-9.2. Motels, hotels, condominiums, cooperative apartments, garden
apartments, Bed and Breakfast establishments, and other multifamily uses and buildings are
specifically prohibited. Dual use is prohibited. (Ord. No. 2013-03 § 2)
13-9 ZONING ORDINANCE
1323 Rev. Ord. Supp. 10/2016
13-9.6 Off-Street Parking Requirements. There shall be provided at the time of erection or
enlargement of any principal building or structure, minimum off-street parking space with
adequate provision for ingress and egress as follows:
a. Two (2) exterior spaces for each dwelling unit. (Ord. No. 2004-21 § 3)
b. One space for each five (5) seats provided in school or church auditoriums or other places
of public assembly. (Ord. No. 2001-02 § 1)
c. No driveway shall exceed eighteen (18) feet in width at the street line, clearly designated
by striping, paving, or otherwise delineating the selected eighteen (18) feet of driveway
area. Only one (1) driveway shall be permitted for each fifty (50) feet of lot width. Lots
exceeding seventy (70) feet at the street line may split the 18’ driveway into two (2) nine
(9) foot driveways for the purpose of maximizing street parking. Distance between the two
(2) nine (9) foot driveways must be a minimum of twenty (20) feet at the street line. (Ord.
No. 2016-15 § 3)
The provisions of this section shall not apply in the General Business, Limited Commercial
and Marine Commercial Districts. (Ord. No. 2003-11 § 1)
(Ord. No. 2010-22 § 4)
13-9.7 Minimum Floor Area Requirements. Every new single-family building shall have a
minimum first floor area of seven hundred twenty (720) square feet exclusive of porches.
(Ord. No. 2001-02 § 1)
13-10 ZONING ORDINANCE
1324 Rev. Ord. Supp. 03/01
13-10 R-AA, SINGLE-FAMILY, RESIDENTIAL DISTRICT.
13-10.1 General Regulations. All regulations applicable to R-A Residential Districts shall be
applicable to the R-AA Single-Family Residential District except that area and yard requirements
shall be revised as follows. (Ord. No. 2001-02 § 1)
13-10.2 Reserved.
13-10.3 Area and Yard Requirements. Some of the area within this district is still
unsubdivided and unimproved acreage. It is the intention of the section to maintain a low density
area ratio and at the same time afford the owners thereof flexibility in the development of this
district.
a. 1. Every lot in the R-AA District shall have a minimum width of fifty (50) feet.
2. Every lot in the R-AA District shall have a minimum depth of seventy-five (75) feet.
b. The lots on each subdivision in the R-AA District shall have a minimum area of seven
thousand five hundred (7,500) square feet exclusive of streets and water areas, subject to
the following minimum requirements:
1. A front yard of at least twenty-five (25) feet shall be provided.
2. A rear yard of at least fifteen (15) feet shall be provided.
3. Two (2) side yards, each at least ten (10) feet shall be provided.
c. Existing lots within the R-AA District on July 16, 1966 shall be deemed to conform with
the area provisions herein notwithstanding they have an average area of less than seven
thousand five hundred (7,500) square feet provided the same comply with the minimum
requirements set forth in paragraph b. above. (Ord. No. 2001-02 § 1)
d. Where a structure which does not meet the requirements of this section existed prior to the
effective date thereof, the structure can be altered or enlarged, provided the nonconformity
is not enlarged, and further provided the alteration or addition does not exceed fifty (50)
percent of the replacement value of the existing structure.
(Ord. No. 2010-22 § 5)
13-10.4 Prohibited Uses and Buildings. Any uses and buildings not permitted in the R-A
District are also prohibited in the R-AA District. (Ord. No. 2001-02 § 1)
13-11 ZONING ORDINANCE
1325 Rev. Ord. Supp. 03/01
13-11 GB, GENERAL BUSINESS DISTRICT.
13-11.1 General Regulations. The following regulations shall apply to all GB Districts. (Ord.
No. 2001-02 § 1)
13-11.2 Principal Uses and Buildings Permitted.
a. All uses permitted in the R-A District.
b. Any retail shopping facility or service establishment which supplies commodities or
performs a service primarily for residents of the community, such as grocery store,
delicatessen, meat market, drug store, variety store, antique and gift shop, furniture store,
bakery shop, restaurant, luncheonette, tavern, package liquor store, barber shop, beauty
parlor, clothes cleaning and laundry pickup establishment, bank, real estate office, business
or professional office.
c. Gasoline or oil stations, automobile service stations and public garages may be permitted
provided the following standards and conditions are complied with:
1. A set of plans, specifications and plot plans shall be submitted to the appropriate
approving authority together with an application for a conditional use permit in
accordance with the provisions of the Borough Land Use Procedure Ordinance and the
Municipal Land Use Law, R.S. 40-55D-1 et seq., as amended and supplemented. Said
plans and specifications shall show all structures, pumps, storage tanks, parking areas
and driveways for ingress and egress.
2. All pumps shall be located outside of buildings and on private property and in no case,
within twenty (20) feet of any street line, and subject to such conditions and safeguards
as the Board of Adjustment may impose with respect to, among other matters, the
location and adequacy of entrances and exits.
3. All automobile parts, dismantled vehicles and similar articles are stored within a
building; all fuel oil or similar substances are stored at least thirty-five (35) feet from
any street or lot line.
4. In no event shall a permit be granted for such a use located within two hundred (200)
feet of a school, hospital, infirmary, church, museum, public library or institution, or
theater, club or place of public assembly having a capacity of over one hundred (100)
persons.
5. Furthermore, the granting of such a permit shall not be detrimental to the health, safety
and general welfare of the community, and shall be reasonably necessary for the
convenience of the community in the judgment of the Board of Adjustment.
6. The appropriate approving authority shall grant or deny the application for a
conditional use permit in accordance with the provision of this chapter, the Borough
Land Use Procedure Ordinance and the Municipal Land Use Law, R.S. 40-55D-1 et
seq.
(Ord. No. 2001-02 § 1)
13-11 ZONING ORDINANCE
1326 Rev. Ord. Supp. 04/2021
13-11.3 Area and Yard Requirements.
a. The minimum width of a business lot in the GB District shall be determined by the off-
street parking and loading provisions of this section.
b. The minimum area of a business lot in the GB District shall be determined by the off-street
parking and loading provisions of this section and be subject to the following requirements:
1. Front yards shall have a minimum depth of fifteen (15) feet from the street line.
2. Rear yards shall have a minimum depth of ten (10) feet.
3. Side yards shall have a minimum width of ten (10) feet each from the side lot lines.
c. Every lot used for residential purposes or other uses permitted in the R-A District, or uses
partly for residence and partly for business purposes, shall conform to the area and yard
requirements of the R-A District.
d. An attached group of stores may be considered as one (1) building in applying the above
yard space requirements. (Ord. No. 2001-02 § 1)
13-11.4 Prohibited Uses and Buildings.
a. Carousels, roller coasters, merry-go-rounds, Ferris wheels or other mechanical rides, pony
tracks, miniature golf course, golf driving ranges, wild animal exhibits, trampolines and
similar jumping or bounding devices and amusement centers in general.
b. Any type of business using jukeboxes, record players with external speakers, or other noise
making devices designed to attract attention to the business being conducted within the
premises.
c. Any business using sidewalk displays.
d. Any process of assembly and/or manufacture using power in excess of twenty-five (25)
horsepower or constituting a nuisance by reason of odor, smoke and noise.
(Ord. No. 2001-02 § 1)
e. All classes of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of
cannabis items and related supplies by a delivery service. (Ord. No. 2021-07 § 3)
13-11.5 Off Street Parking Requirements.
a. For residential and other R-A uses – same as R-A District.
b. For other permitted uses:
1. Retail Business Use and Personal Service Establishments
One (1) off-street parking space for each two hundred (200) square feet of gross
floor area
13-11 ZONING ORDINANCE
1327 Rev. Ord. Supp. 04/2021
2. Retail Food
One (1) off-street parking space for each two hundred (200) square feet of gross
floor area
No seating
Courtesy benches permitted
3. Retail Food/Limited Service
One (1) off-street parking space for each two hundred (200) square feet of retail
store area
One (1) off-street parking space for each 3 seats of limited service area
Courtesy benches permitted
4. Restaurants, Limited Service
One (1) off-street parking space for each three (3) seats
Courtesy benches permitted
5. Restaurants, Full Service
One (1) off-street parking space for each three (3) seats
Bench restaurant seats shall be counted as one seat for each 30 inches of length
(Ord. No. 2018-07 § 1)
Waiting benches permitted
6. Business and Professional Offices, Banks and Fiduciary Institutions
One (1) off-street parking space for each two hundred (200) square feet of gross floor
area
7. Employee Parking
In addition to the above off-street parking requirements, one (1) off-street parking
space shall be provided for each person now employed or expected to be employed in
the business.
This requirement shall not apply under the following conditions:
i. An operating restaurant that has an established and approved employee parking
space or spaces may add that number of parking spaces to their total customer
required spaces and increase their seating accordingly if they establish and file
a plan to have their employees park upon a Borough approved parking area.
The plan must be filed annually by May 1
st
of each year with the Zoning
Department and the restaurant shall supply one (1) windshield placard for each
employee. It will be the restaurant’s responsibility to transport the employees
to and from their vehicles. If it is determined that the restaurant is in violation
of this requirement they will lose the benefit of said seats.
ii. Compliance will be monitored from Memorial Day through Labor Day.
iii. Any change in location of seating must be approved by the Land Use Board.
8. The off-street parking area may be located on the same lot as the business building or
within a distance of not more than two hundred (200) feet therefrom; providing said lot
is within the general business district. Leasing of off-street parking is permitted for the
exclusive use of the lessee and shall cease upon termination of lease. (Ord. No. 2013-
03 § 3)
(Ord. No. 2014-08 § 2)
13-11 ZONING ORDINANCE
1328 Rev. Ord. Supp. 04/2021
c. Violations and Penalties.
i. Sections 13-11.5b subsections 5 through 8 are the result of the Borough attempting to
allow restaurants to create additional seating by taking advantage of off-street parking
for employees and by allowing additional off-street parking off-site under certain
conditions. The Borough has assumed additional enforcement duties that are time
consuming, labor intensive and are mainly effective on weekends and holidays. For
these reasons the Borough requests the consideration of minimum fines.
ii. Any person, corporation or business entity operating a restaurant as provided in Section
13-11.5(b)5 through 8 that violates or fails to comply with these sections or any of the
rules and regulations promulgated hereunder shall, upon conviction thereof, be
punishable by a minimum fine of five hundred dollars ($500.00) for the first offense.
Each day for which a violation of this section occurs after the first offense shall be
considered a separate offense. Any subsequent offense conviction shall be punishable
by a minimum fine of $750.00 for 1-5 seats over the permitted limit, $1000.00 for 6-
10 seats over the permitted limit, and $1,250.00 for 11 or more seats over the permitted
limit.
iii. Any other violations of Chapter 13 shall be dealt with pursuant to Section 13-19 of this
Chapter.
(Ord. No. 2018-07 § 2)
13-11.6 Minimum Floor Area of Residential Buildings. The minimum floor area shall be
the same as in the R-A District. (Ord. No. 2001-02 § 1)
13-11.7 Off-Street Loading Space Requirements. Each business use shall provide off-street
loading space at the rear of the building at the rate of one (1) space (10 feet X 25 feet) with adequate
ingress and egress for each five thousand (5,000) square feet of floor area or fraction thereof in
each building.
(Ord. No. 2001-02 § 1)
13-12 ZONING ORDINANCE
1329 Rev. Ord. Supp. 03/01
13-12 MC, MARINE, COMMERCIAL DISTRICT.
13-12.1 Regulations. The following regulations shall apply to all MC Districts.
(Ord. No. 2001-02 § 1)
13-12.2 Principal Use and Building Permitted.
a. All uses permitted in the R-A District subject to the regulations set forth therein.
b. Marine services primarily designated to meet the needs of the residents of this community,
such as:
1. Dockage, minor boat repairs, and marine gasoline pumps on docks or bulkheads. In
the event dockage facilities are provided, on-shore rest room facilities must be available
at all times for use by boat owners and their guests.
2. Boat sales, provided, however, that the same are limited to the sale of boats not
exceeding twenty-one (21) feet in length.
3. Marine engine sales and repairs.
4. Marine supplies and equipment sales.
5. Bait and tackle sales.
6. Outside storage of boats in conjunction with marine operations provided, however, that
the storage shall be limited to boats not exceeding twenty-five (25) feet in length and
subject, nevertheless, to further provisions of this section.
7. Any accessory uses and structures customarily associated with a permitted use or
structure and clearly incidental to the principal use or structure permitted on the lot.
8. Sailing schools, including the sale and rental of sailboats.
(Ord. No. 2001-02 § 1)
c. Haberdashery and apparel stores
(Ord. No. 2007-14 § 1)
d. Antique and gift shops
(Ord. No. 2007-14 § 1)
e. Hardware and household supply stores
(Ord. No. 2007-14 § 1)
f. Barber and beauty shops
(Ord. No. 2007-14 § 1)
g. Business and professional offices including banks and real estate offices
(Ord. No. 2007-14 § 1)
13-12 ZONING ORDINANCE
1330 Rev. Ord. Supp. 03/01
13-12.3 Area and Yard Requirements.
a. All buildings including accessory buildings shall not cover more than twenty-five (25%)
percent of the lot.
b. Lot area shall not be less than five thousand (5,000) square feet and lot width not less than
fifty (50) feet, subject to the following minimum requirements:
1. A front yard with a depth of not less than fifteen (15) feet. (Ord. No. 2010-22 § 6)
2. A rear yard with a depth of not less than ten (10) feet.
3. Two (2) side yards, each with a depth of no less than ten (10) feet.
(Ord. No. 2001-02 § 1)
13-12.4 General Regulations and Prohibitions.
a. No gasoline pump, gasoline storage tank nor any structure used for storing any fuel or oil
shall be situated nearer than one hundred (100) feet to adjacent residential districts.
b. Commercial boat launching ramps designed primarily for the launching of transient boats
for a fee are prohibited.
c. The use of marine toilet facilities or the discharge of waste from boats of any type is
specifically prohibited in waters within the jurisdiction of the Borough.
(Ord. No. 2001-02 § 1)
13-12.5 Off-Street Parking. At least one and one-half (1 l/2) spaces for each boat slip
excluding space used for staging areas for boats, lifts or gasoline pumps shall be provided.
(Ord. No. 2001-02 § 1)
13-13 ZONING ORDINANCE
1331 Rev. Ord. Supp. 03/01
13-13 LC, LIMITED COMMERCIAL DISTRICT.
13-13.1 Intent. It is recognized that the area encompassed by this district is suitable for
commercial development by virtue of its existing development characteristics predominantly
commercial. The high density of population in this section of the community and the frontage of
the district on Long Beach Boulevard further contribute to its suitability for commercial
development. However, it is also recognized that the land immediately to the east of that fronting
the boulevard is ideal for residential development due to its proximity to the ocean and, for the
same reason, there is considerable pedestrian traffic moving to and from the beach along the streets
lying east of the boulevard. This district is being created in order to permit commercial uses to
develop fronting the boulevard but not to encourage them to generate traffic along the streets
leading to the ocean, which will pose a potential danger to pedestrian traffic and which could
devalue residential properties lying east of this district. (Ord. No. 2001-02 § 1)
13-13.2 Principal Uses and Buildings Permitted.
a. All uses permitted in the R-A District subject to the regulations of that district.
b. Retail shopping facilities, including but not necessarily limited to:
1. Grocery stores, meat markets and delicatessens
2. Drug stores
3. Bakery shops
4. Haberdashery and apparel stores
5. Antique and gift shops
6. Hardware and household supply stores
c. Service establishments, including but not necessarily limited to:
1. Barber and beauty shops
2. Clothes cleaning and laundry pick-up establishments
3. Business and professional offices including banks and real estate offices
4. Restaurants and luncheonettes
(Ord. No. 2001-02 § 1)
13-13.3 Area and Yard Requirements.
a. The minimum width of a lot used for a use permitted under subsection 13-13.2 above shall
be determined by the off-street parking and loading provisions of this section.
13-13 ZONING ORDINANCE
1332 Rev. Ord. Supp. 08/2018
b. The minimum area of a lot used for a use permitted under subsection 13-13.2 above shall
be determined by the off-street parking and loading provisions of this section subject to the
following minimum requirements.
1. Front yards shall have a minimum depth of fifteen (15) feet from the street line.
2. Rear yards shall have a minimum depth of ten (10) feet.
3. Side yards shall have a minimum width of ten (10) feet each from the side lot lines.
(Ord. No. 2001-02 § 1)
13-13.4 Reserved.
13-13.5 Off-Street Parking Requirements. The off-street parking requirements shall be the
same as required in subsection 13-11.5 subject to the following conditions:
a. Parking is not permitted in any required side yard.
b. Driveways are not permitted within ten (10) feet of any residential district.
(Ord. No. 2001-02 § 1)
13-13.6 Reserved.
13-13.7 Off-Street Loading Space Requirements. The off-street loading requirements shall
be the same as required under subsection 13-11.7. (Ord. No. 2001-02 § 1)
13-14 ZONING ORDINANCE
1333 Rev. Ord. Supp. 08/2018
13-14 SIGNS.
13-14.1 Signs in R-A, R-AA and Residential Districts. No signs, billboards, advertising
structures or similar items are permitted, except as follows:
a. One (1) lighted professional office announcement sign not over two (2) square feet in area
for each office use.
b. One (1) unlighted home occupation announcement sign not over two (2) square feet in
area for each dwelling conducting a home occupation.
c. One (1) lighted sign not to exceed twenty (20) square feet in area at each driveway to a
church, public museum or similar use plus signs not to exceed four (4) square feet in area
necessary to provide direction to a specific building or to off-street parking areas. Such
sign cannot be in any right-of-way or sight triangle.
d. During the construction, repair or remodeling of a single building, one (1) sign may be
maintained on the construction site by each of the contractors and subcontractors working
thereon, provided each sign does not exceed six (6) square feet, and further provided that
all signs are removed prior to the issuance of a certificate of occupancy or within forty-
eight (48) hours of termination of the work or construction as determined by the Building
Inspector or Code Enforcement Officer.
e. Directional signs are permitted for churches, boat yards and marinas, and public buildings
where the foregoing are permitted uses, provided, however, that:
1. Each sign shall not be greater than twenty (20) square feet in area, not over five (5) feet
in length and the top of the sign shall not be more than six (6) feet above the street
grade. These directional signs may be lighted.
2. Each use shall be permitted no more than one (1) sign per driveway.
(Ord. No. 2001-02 § 1)
f. Signs advertising a garage sale are permitted provided the following:
1. A garage sale permit has been obtained.
2. The placement of one (1) sign on the property where the sale is to be held and a
maximum of two (2) signs to serve as directional aids located remotely.
3. Signs must be placed in public right-of-way only and shall not block any sight
triangles and shall not be placed on pavement or attached to utility poles, trees,
stumps, sign posts or any other type of permanent structure.
4. Signs are not permitted on private property without the property owner’s
permission.
5. Signs shall not be over four (4) square feet in size and no more than twenty (20)
inches from the ground.
6. No lighted signs and no attachments to the signs such as, but not limited to,
balloons, ribbons, streamers or banners.
7. Signs may be displayed on the property of the sale up to five (5) days prior to the
sale and must be removed immediately after the event. Signs posted remotely may
only be posted on the day of the sale and must be removed the same day the sale is
concluded.
(Ord. No. 2018-12 § 1&2)
13-14 ZONING ORDINANCE
1334 Rev. Ord. Supp. 08/2018
13-14.2 GC, General Commercial District; MC, Marine Commercial District; and LC,
Limited Commercial District.
a. Any sign permitted under subsection 13-14.1.
b. In places of business, two (2) of the following three (3) types and locations of signage may
be chosen:
1. A sign not exceeding thirty-two (32) square feet in area may be erected as accessory to
the business on the lot, provided the same is placed on the same lot, or extended from
the building wherein the business to be advertised is located.
2. The proprietor of a business may maintain on the exterior wall of the building wherein
the business is to be conducted, one (1) sign not exceeding thirty-two (32) square feet
in area.
3. In addition to such signs, lettering having a maximum height of twelve (12) inches and
limited to the name of the business and a “one (1) word” description may be maintained
on the exterior wall of the building wherein the business is to be conducted.
c. These signs may be lighted during hours of operation.
d. Prior to erecting any sign provided for in this subsection, a permit therefore shall be
obtained from the Zoning Officer. (Ord. No. 2001-02 § 1)
13-14.3 Prohibited Features.
a. No advertisement, advertising structure, billboard, building structure or other object shall
be erected, used or maintained which in any way simulates official, directional or warning
signs erected or maintained by the State of New Jersey, by any county or municipality
thereof, or by any public utility or similar agency concerned with the protection of the
public health or safety.
b. Lighted signs, where permitted, exclude neon, LED or flashing signs.
(Ord. No. 2018-12 § 3)
c. The following advertisements are specifically prohibited:
Any advertisement which uses a series of two (2) or more signs placed in a line parallel to
the highway or in similar fashion all carrying a single advertising message, part of which
is contained in each sign. (Ord. No. 2001-02 § 1)
13-14.4 Signs for Oversized Parcels – One Acre (43,560 SF) and Over.
a. Any sign permitted under subsection 13-14.1.
b. Two (2) signs not exceeding thirty-two (32) square feet in area may be erected as
accessories to the lot provided the same is placed on the same lot, height no exceeding six
(6) feet above grade.
(Ord. No. 2011-02 § 1)
13-14 ZONING ORDINANCE
1335 Rev. Ord. Supp. 10/2016
13-14.5 Real Estate Signs.
c. One (1) unlighted on-site sign not over four (4) square feet in size, advertising a dwelling
or building located on the property for sale or rent, provided the same is in compliance with
all side yard requirements of this chapter, is erected and set back a minimum of ten (10)
feet from the street line and the bottom of said sign is no more than twenty (20) inches
from the ground.
d. No more than one (1) sign advertising vacant land for sale or rent, not exceeding four (4)
square feet in area, may be placed on the property to be rented or sold. In the case of
housing development projects, as a part of the Planning Board application, the developer
may receive permission to maintain on his tract not more than two (2) signs, limited to
advertising his development, with the total area of each sign not exceeding thirty-two (32)
square feet. Such permit shall be issued by the Zoning Officer at the current rate for sign
permits.
e. A maximum of two (2) directional “Open House” signs, are permitted provided the
following:
1. The placement of two (2) signs shall serve as directional aids located remotely from
each other.
2. Signs must be placed in public right-of-way only and shall not block any sight
triangles and shall not be placed on pavement or attached to utility poles, trees,
stumps, sign posts or any other type of permanent structure.
3. Signs are not permitted on private property without the property owner’s written
permission.
4. Signs shall not be over four (4) square feet in size and no more than twenty (20)
inches from the ground.
5. No lighted signs and no attachments to the signs such as, but not limited to,
balloons, ribbons, streamers or banners.
6. Signs may only be displayed between the hours of 10:00am and 5:00pm on the day
of the event and must be removed immediately after the event.
7. The Code Enforcement Officer or a duly-designated representative may cause any
sign which is an immediate peril to persons or property to be removed. Signs will
be held for reclamation at the Borough for a maximum of fourteen (14) days. At
the discretion of the Code Enforcement Officer, repeated offenses by the same
agent, agency or salesperson shall be subject to a removal fee of not more than fifty
($50) dollars.
(Ord. No. 2018-12 § 4)
13-15 ZONING ORDINANCE
1336 Rev. Ord. Supp. 12/2021
13-15 FENCES, VEGETATION, LANDSCAPE, AND TRASH
ENCLOSURES.
13-15.1 General Provisions.
a. See Section 13-7.3 entitled “Coverages” for regulations pertaining to impervious coverage.
(Ord. No. 2010-22 § 7)
b. A zoning permit shall be required for the installation of any material which increases
coverage as herein before defined. The zoning permit application must be accompanied
by a calculation of total lot coverage. (Ord. No. 2004-08 § 2)
(Ord. No. 2021-15 § 2)
13-15.2 Fence Permit.
a. No fences shall be hereafter erected, which exceed forty-eight (48) inches above the
established grade of the lot and which exceed seventy (70) inches above the center of the
crown of the road. If this provision prevents the construction of a fence in accordance with
the Uniform Construction Code for the enclosure around pools, then the provisions of the
Uniform Construction Code shall prevail. The post may exceed the fence height limit by
not more than ten (10%) percent. (Ord. No. 2016-12 § 6)
Fences abutting commercially used properties may be erected not to exceed seventy-two
(72) inches. (Ord. No. 2005-08 § 1)
b. Any fence erected, regardless of design or zone, shall have an unrestricted opening therein
of a minimum of twelve (12) feet, which opening shall front on a street or vehicular
easement as defined in this chapter.
c. A fence permit is required for new or replacement fences from the zoning office.
(Ord. No. 2016-12 § 7)
d. Properties fronting Long Beach Boulevard shall comply with the regulations as set forth in
Section 13-16.2 paragraph d.5 entitled “Properties fronting Long Beach Boulevard”. (Ord.
No. 2014-14 § 2)
e. Existing lots of record which adjoin filled lots, as per Section 24-11.10 entitled “Lot
Elevation”, may erect a fence to a height not to exceed that of the adjoining filled lot fence.
This shall only apply to fences along the property lines which abut the filled lot, as per
Section 24-11.10, until such a time that elevations are matched and fences will be lowered
to meet the four-foot (4’) height requirement. (Ord. No. 2021-20 § 2)
13-15.3 Vision Clearance on Corner Lots. In any district on any corner lot, no fence, sign,
or other structure, planting or other obstruction to vision, higher than twenty-four (24) inches
above the existing grade at the centerline, shall be erected or maintained within the line connecting
points on the two (2) street lot lines at a distance of twenty-five (25) feet from the corner. This
shall be known as the sight triangle.
In addition, the area within the right of way of the roadways adjoining the sight triangle area shall
have no obstructions and shall consist of a level walkable surface, i.e. grass, gravel, maximum ½
inch stone or other level surface. No uneven surfaces will be permitted.
(Ord. No. 2014-14 § 3)
13-15 ZONING ORDINANCE
1337 Rev. Ord. Supp. 04/2021
13-15.4 Use of Contiguous Borough Right of Way.
a. Any improvement located in the Borough of Harvey Cedars or Ocean County right of way
placed there by a property owner shall be the sole responsibility of said property owner,
and may be removed or relocated by the Borough or County for improvement or
maintenance with no liability to the Borough or County.
b. Designated driveways shall conform to the requirements in Section 13-9.5(c).
c. Trash location and enclosures.
1. Any trash enclosure placed in the Borough right of way shall be located a minimum of
five (5) feet from the edge of the pavement.
2. Trash enclosures shall not exceed 4’ in height, and be no higher than 18” from grade
on the pickup side.
3. Trash and recycling receptacles on private easements shall be located where the
property owners have a common pickup location, which is acceptable to all property
owners on said easement. In all other events trash and recycling pickup shall be located
on the property owner’s lot, provided the Borough and or its waste collectors agree that
the location is accessible to its collection vehicles. (Ord. No. 2010-22 § 8)
(Ord No. 2021-06 § 1)
d. No improvement higher than twelve inches (12”), i.e. landscaping, shall be placed closer
than five (5) feet from the edge of the pavement. Permitted exceptions:
1. Mailboxes
2. Properties along easements
3. Streets at least fifty feet (50’) in width on the west side of Long Beach Blvd.
4. Designated No Parking streets at least fifty feet (50’) in width on the west side of Long
Beach Blvd.
(Ord No. 2021-06 § 2)
13-15.5 Retaining Walls. Any retaining wall fronting the ocean dunes shall first receive a
permit or letter of “no interest” from the New Jersey Department of Environmental Protection
before a zoning permit can be obtained. (Ord No. 2004-08 § 6)
13-16 ZONING ORDINANCE
1338 Rev. Ord. Supp. 03/01
13-16 ADMINISTRATION.
13-16.1 Enforcement. The provision of this chapter shall be administered and enforced by
the zoning office of the Borough. 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 Zoning Officer 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 reasonable
daylight hours in the course of his duties. (Ord. No. 2001-02 § 1)
13-16.2 Certificates and Permits.
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 & other
minor wor
k
$25.00
(b) All new structures and relocation of existing structures
$250.00
(c) Major enlargements or renovations increasing habitable
area b
y
25% or more.
$225.00
(d) Additions and/or renovations increasing habitable area by
24% or less
$75.00
(e) Fence permit (for new or replacement fences) $25.00
(f) Resale C/Os (for all new owners) per livin
g
unit $50.00
(
g
) Reinspection fee (at the discretion of the Zonin
g
Officer) $25.00
(h) Si
g
n permits:
Permanent si
g
ns (per application) $25.00
Development signs (as authorized by Planning Board) $50.00
for two
(i) Construction trailer permit $25.00
(
j
) Paver/impervious covera
g
e permit $75.00
(k)Work approved by Zoning Board or Planning Board
variance
$25.00
(l) Bulkhead permit $50.00
(m) Pool & fence permit $100.00
(n) Si
g
n removal maximum fee $50.00
(Ord. No. 2018-12 § 5)
13-16 ZONING ORDINANCE
1339 Rev. Ord. Supp. 09/2014
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.
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:
8. In no way exert a detrimental effect upon the uses of land and activities normally
permitted in the zones.
9. Contribute materially to the welfare of the Borough, particularly in a state of
emergency, under conditions peculiar to the time and place involved.
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 (6) months. Such permits may be extended not more than once
for an additional period of six (6) 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.
13-16 ZONING ORDINANCE
1340 Rev. Ord. Supp. 12/2010
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. (Ord. No. 2014-14 § 5)
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 (6) inches of road gravel (not
fill) in accordance with the Pedestrian Walkway detail drawing, up to a maximum
of ten (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 (2) 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 (2) 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. (Ord. No. 2014-14 § 6)
13-16 ZONING ORDINANCE
1341 Rev. Ord. Supp. 04/2018
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.
(Ord. No. 2001-02 § 1)
7. Any property owner who undertakes new construction or a major renovation on an
Ocean County road must post a five hundred ($500.00) dollar cash bond, which shall
be returned upon the issuance of a certificate of occupancy. (Ord. No. 2005-16 § 1)
8. Major renovation is defined as any construction which exceeds fifty percent (50%) of
the replacement value of the structure on the property. (Ord. No. 2010-22 § 11)
13-16.3 Records.
It shall be the duty of the Zoning Officer to keep a record of all permits issued and a record of all
certificates of occupancy which he countersigns, together 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 Board of Commissioners.
The Zoning Officer shall prepare a monthly report for the Board of Commissioners summarizing
for the period since his last previous report all zoning permits issued and certificates countersigned
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 Borough Tax Assessor at the same time it is filed with
the Board of Commissioners.
The above reports and records are declared to be public records and shall be made available to the
public for its examination during reasonable business hours. (Ord. No. 2001-02 § 1)
13-16.4 Construction Trailers.
a. A zoning permit shall be required for the use of a construction trailer located within the
Borough, which permit shall be good for one (1) year, renewable for one (1) year periods
after expiration.
b. During the months of June, July and August construction trailers may not be located on
any street, easement or right of way.
c. No construction trailer may remain on a street, easement, or right of way, when permitted,
after the structure is framed or after six months of the issuance of a permit, whichever
occurs sooner.
(Ord. No. 2004-08 § 7)
13-17 ZONING ORDINANCE
1342 Rev. Ord. Supp. 04/2018
13-17 SWIMMING POOLS AND HOT TUBS.
13-17.1 General. Pools used for swimming or bathing shall be in conformity with
requirements of this chapter, provided, these regulations shall not be applicable to any pool less
than twenty-four (24) inches deep or having a surface area of less than two hundred fifty (250)
square feet, except when such pools are permanently equipped with a water recirculating system
or involve structural materials. For purposes of this chapter, pools are classified as private
swimming pools or public and semi-public swimming pools as defined hereafter.
(Ord. No. 2001-02 § 1)
Hot tubs shall be defined as follows:
A self contained spa or hot tub: A factory-fabricated unit consisting of a spa or hot tub vessel with
all water-circulating heating, and control equipment integral to the unit. Equipment may include
pumps, air blowers, heaters, lights, controls, sanitizers, etc. (Ord No. 2004-02 § 2)
13-17.2 Classification. Any swimming pool or hot tub which is used or intended to be used
as a swimming pool or hot tub in connection with a single family residence and available only to
the family of the householder and his private guest shall be classified as a private swimming pool
or hot tub. (Ord. No. 2004-02 § 4)
Any swimming pool other than a private swimming pool shall be classified as a public or semi-
public swimming pool. (Ord. No. 2001-02 § 1)
13-17.3 Compliance with Building Code. Pools and hot tubs used for swimming or bathing
shall be in conformity with the requirements of this chapter and current with the New Jersey U.C.C.
regulations. (Ord. No. 2004-02 § 3)
13-17.4 Permits. Swimming pools and hot tubs must receive permits from the Borough,
County, and/or State authorities having jurisdiction prior to applying for a permit from the
construction official for installing, altering, enlarging, or constructing a pool or hot tub. Certified
copies of these approvals shall be filed as part of the data for the application for the permit.
A building permit shall be required for the installation, alteration or enlargement of any hot tub
which exceeds twenty-four (24) inches in depth or to be installed on an elevated deck.
(Ord. No. 2004-02 § 5)
13-17.5 Swimming Pools.
a. Plan Requirements. Plans shall accurately show dimensions in construction of pools and
appurtenances and properly establish distances to property lines, buildings, walks, required
pool coping and fences; details of water supply system, drainage and water disposal
systems, and all appurtenances pertaining to the swimming pool. Detailed plans of
structures, vertical elevations, and sections through the pool showing depth shall be
included. Plans for a pool ten (10) feet wide or smaller are required to show a three (3) foot
wide coping along three sides of the pool. Plans for pools with a width of greater than ten
(10) feet are required to show a three (3) foot wide coping along all sides of the pool. The
required coping will be used in the maximum calculation for pool coverage.
(Ord. No. 2018-04 § 2)
b. Structural Design. The pool structure shall be engineered and designed to withstand the
expected forces to which it will be subjected. Pools shall be constructed in conformity
with construction codes of the State of New Jersey and the Borough of Harvey Cedars, and
shall be supported by pilings in conformity with said building codes.
13-17 ZONING ORDINANCE
1343 Rev. Ord. Supp. 09/2017
c. Locations. Swimming pools no higher than twelve (12) inches from grade shall not be any
closer than ten (10) feet from any side yard, and shall not be any closer than five (5) feet
from the rear property line and shall not be any closer than ten (10) feet from the bulkhead
line from Barnegat Bay, lagoons, coves, and other bodies of water. There shall be a
minimum distance of eight (8) feet between a pool and a primary structure. Minimum
distance of five (5) feet is required between a primary structure and an accessory structure.
Any accessory structure requires a minimum distance of three (3) feet to the pool. Refer
to Section 13-7.7 Accessory Buildings for other requirements.
Swimming pools shall be prohibited between a primary structure and any street or easement
provided that the section is used as the main access point to the property.
(Ord. No. 2018-04 § 2)
d. On raised deck pool installations which are considered part of the primary structure, the
pool shall maintain a distance of 8 feet from any portion of the remaining primary structure
or deck above the pool elevation except overhangs other than decks. See Section 13-7.8,
yards adjacent to bodies of water. (Ord. No. 2014-11 § 2)
e. Distance measurements for pools are taken from the pool’s water line. (Ord. No. 2018-04
§ 2A)
13-17.6 Hot Tubs.
a. Plan Requirements. A plan for the installation of a hot tub shall accurately show
dimensions, location in relation to setbacks, primary and accessory structures on the lot.
All proposed or existing decks or walkways above twelve (12) inches from grade shall be
shown.
b. Structural Design. Any hot tub other than a factory-fabricated self-contained unit shall
abide by 13-17.5.
c. Locations. A hot tub shall not be placed any closer than ten (10) feet from any side yard
and shall not be any closer than four (4) feet from Barnegat Bay, lagoons, coves, and other
bodies of water. No minimum distance from a primary structure is required. Hot tubs on
elevated decks must be approved by the construction official if a permit is required and
may not be closer than two (2) feet from any exterior railing on such deck. Hot tubs in the
front of a structure must meet front yard setbacks.
(Ord. No. 2004-02 § 7)
13-17.7 Reserved. (Ord. No. 2004-02 § 8)
13-17.8 Zoning Requirements and Lot Coverage.
See Section 13-7.3d, permitted coverage with a swimming pool. (Ord. No. 2014-11 § 3)
The total square footage of all structures above twelve (12) inches above grade on a given
building lot may not exceed thirty-three (33%) percent of the total square footage of that
building lot. The primary structure, all accessory buildings, the swimming pool, and required
copings (walkways) around the pool shall not cover more than forty-three (43%) percent of the
total square footage of the lot. (Ord. No. 2018-04 § 3)
13-18 ZONING ORDINANCE
1344 Rev. Ord. Supp. 05/2014
13-18 RS, RESIDENTIAL BOAT SLIP DISTRICT.
13-18.1 Residential Boat Slip District. This district is made up of Block 30, Lots 64 through
118 on the Harvey Cedars Tax Map.
13-18.2 Principal Uses. The District is limited to the use of residential boat slips. No one
shall reside on or stay overnight on any docked boat for more than 48 hours.
(Ord. No. 2017-25 § 3)
13-19 VIOLATIONS AND PENALTIES.
Unless another penalty is expressly provided in a section of this Chapter, any person who shall
violate any of the provisions of the chapter or fail to comply therewith or with any of the
requirements thereof, or who shall erect, structurally alter, enlarge, rebuild or move any building
or buildings or any structure or who shall put into use any lot or land in violation of any detailed
statement of plan submitted and approved hereunder, or who shall refuse reasonable opportunity
to inspect any premises, shall upon conviction thereof be liable to a fine as stated in Chapter III,
Section 3-9. (Ord. No. 2014-08 § 3)
The owner of any building or structure, lot or land, or part thereof, where anything in violation of
this chapter shall be placed or shall exist and any architect, builder, contractor, agent, person or
corporation employed in connection therewith and who may have assisted in the commission of
any such violation shall each be guilty of a separate violation, and upon conviction thereof shall
be liable to a fine as stated in Chapter III, Section 3-9.
(Ord. No. 2017-25 § 2)
1401 Rev. Ord. Supp. 01/78
CHAPTER XIV
LAND USE PROCEDURES
14-1 PREAMBLE.
The Municipal Land Use Law known as N.J.S.A. 40:55D-1 et seq. has been promulgated into
law; and
Said statute requires the adoption of this chapter to implement certain changes in the
Planning Board, Boards of Adjustment and the ordinances affecting same.
14-2 LAND USE PROCEDURES
1402 Rev. Ord. Supp. 01/78
14-2 DEFINITIONS.
The definitions set forth in this chapter shall be construed and defined in accordance with the
definitions set forth in N.J.S.A. 40:55D-3, 4, 5, 6 and 7 of the Municipal Land Use Law more
particularly described above.
14-3 LAND USE PROCEDURES
1403 Rev. Ord. Supp. 01/2011
14-3 PLANNING BOARD.
14-3.1 Establishment. Pursuant to N.J.S.A. 40:55d-23, et. seq. a Municipal Planning Board
or Land Use Board of nine (9) members is hereby established consisting of the following four (4)
classes:
Class I – The Mayor, or his designee in his absence, who shall not participate in the
consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55d-
70.
Class II – One of the officials of the Borough other than a member of the Board of
Commissioners appointed by the Mayor.
Class III – A member of the Board of Commissioners to be appointed by majority of the
same. However, the Class III member shall not participate in consideration of applications for
development which involve relief pursuant to N.J.S.A. 40:55d-70.
Class IV – Six (6) other citizens of the Borough to be appointed by the Mayor. The members
of Class IV shall hold no other Borough Office, except one (1) member may be a member of the
Board of Education.
(Ord. No. 2011-01 § 1)
14-3.2 Terms. The term of the member composing class one shall correspond to his official
tenure. The terms of the members composing classes two and three respectively shall be for one
year or terminate at the completion of their respective terms of office, whichever occurs first.
The term of a class four member who is also a member of the environmental commission shall
be for three years or terminate at the completion of his term of office as a member of the
environmental commission, whichever occurs first. The terms of all class four members first
appointed under this act shall be so determined that to the greatest practicable extent, the
expiration of such terms shall be distributed evenly over the first four years after their
appointment as determined by resolution of the board of commissioners provided, however, that
the initial term of a class four member shall not exceed four years and further provided that
nothing herein shall affect the term of any present member of the planning board, all of whom
shall continue in office until the completion of the terms for which they were appointed.
Thereafter, all appointments to class four membership shall be for a term of four years. The term
of a class four member shall run from January 1 of the year in which the appointment was made
for a period of four years.
14-3.3 Vacancies. If any vacancy in any class shall occur otherwise than by the expiration
of the term, it shall be filled by appointment for the unexpired term in the same manner and by
the same appointing authority as the original appointment.
14-3.4 Organization of the Board. The planning board shall elect a chairman and vice-
chairman from the members of class four. The planning board shall also select a secretary who
may or may not be a member of the planning board or a borough employee and fill such other
offices as established by ordinance.
14-3 LAND USE PROCEDURES
1404 Rev. Ord. Supp. 01/78
14-3.5 Planning Board Attorney, Experts and Staff. The planning board may employ or
contract for and fix the compensation of legal counsel, who shall be an attorney other than the
borough attorney, and such other experts and staff as it may deem necessary. The board shall not
authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the
board of commissioners for its use. The appointments of all staff members, including that of the
planning board attorney and planning board engineer, shall be made at the organization meeting
of the planning board and shall continue for one year until the next organization meeting of the
planning board at which time the appointments shall expire.
14-3.6 Powers and Duties Generally. The planning board is authorized to adopt bylaws
governing its procedural operation which shall be consistent with statute and other ordinances of
this borough. It shall also have the following powers and duties:
a. To prepare, adopt and, from time to time, revise or amend a master plan, or component
parts thereof, for the physical development of the borough in accordance with the
provisions of N.J.S.A. 40:55D-28.
b. To administer the provisions of the Development Regulations of the Borough of Harvey
Cedars in accordance with the provisions of those regulations and the Municipal Land
Use Law of 1975, N.J.S.A. 40:55D-1 et seq. In the event that any such regulation is
inconsistent with the terms of any portion of N.J.S.A. 40:55D-1 et seq., the regulation is
hereby repealed to the extent of such inconsistency but the remainder of the regulation
shall remain in full force and effect as if more fully set forth herein.
c. To participate in the preparation and review of programs or plans required by State or
Federal law or regulations.
d. To assemble data on a continuing basis as part of a continuous planning process.
e. To consider and make reports to the board of commissioners within 35 days after the
referral to the planning board of any proposed development regulation or revision or
amendment thereto, pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also to pass
upon other matters specifically referred to the planning board by the board of
commissioners pursuant to the provisions of N.J.S.A. 40:55D-26(b).
f. When reviewing applications for approval of subdivisions, plats, site plans or conditional
uses, to grant to the extent and subject to the same restrictions as the zoning board of
adjustment:
1. Variances pursuant to N.J.S.A. 40:55D-70(c) from lot area, lot dimensional, setback
and yard requirements, provided that such relief from lot area requirements shall not
be granted for more than one lot.
2.
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or
structure in the bed of a mapped street or public drainage way, flood control basin or
public area reserved pursuant to N.J.S.A. 40:55D-32.
3. Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for building or
structure not related to a street.
14-3 LAND USE PROCEDURES
1405 Rev. Ord. Supp. 01/78
Whenever relief is requested pursuant to this subsection, notice of a hearing on the
application for development shall include reference to the request for a variance or
direction for issuance of a permit, as the case may be.
g. To perform such other advisory duties as are assigned to it by ordinance or resolution of
the board of commissioners for the aid and assistance of the board of commissioners
other agencies or officers not inconsistent with the purposes and intent of N.J.S.A.
40:55D-1 et seq. and such other applicable general law.
14-3.7 Procedure for Submission of Matters and Consideration of Same by Planning
Board.
a. Minor subdivision. Minor subdivision approval shall be granted or denied within 45 days
of the date of submission of a complete application to the planning board or within such
further time as may be consented to by the applicant. Approvals of a minor subdivision
shall expire 190 days from the date of the planning board approval unless within such
period a plat in conformity with such approval and the provisions of the “Map Filing
Law,” N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor
subdivision is filed by the developer with the county recording officer, the borough
engineer and the borough tax assessor. Any such plat or deed must be signed by the
chairman and secretary of the planning board before it will be accepted for filing.
Whenever review or approval of the application by the county planning board is required
by other law, the planning board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the county planning board or approval
by the county planning board by its failure to report thereon within the required time
period of that statute.
b. Preliminary approval of major subdivisions. The developer shall submit to the
administrative officer a plat and such other information as is required in the land
subdivision ordinance of this borough. If the application for development is found to be
incomplete, the developer shall be notified thereof within 45 days of its submission of
such application or it shall be deemed to be properly submitted. If the planning board
requires any substantial amendment in the layout of improvements proposed by the
developer that have been subject of a hearing, an amended application shall be submitted
and proceeded upon as in the case of the original application for development. The
planning board shall, if the proposed subdivision complies with the land subdivision
ordinance and statute, grant preliminary approval to the subdivision.
Upon the submission to the administrative officer of a complete application for a
subdivision of ten or fewer lots, the planning board shall grant or deny preliminary
approval within 45 days of such submission or within such further time as may be
consented to by the developer. Upon the submission of a complete application for a
subdivision of more than ten lots, the planning board shall grant or deny preliminary
approval within 95 days of the date of such complete submission or within such further
time as may be consented to by the developer.
14-3 LAND USE PROCEDURES
1406 Rev. Ord. Supp. 01/78
c. Preliminary approval of site plans. The developer shall submit to the administrative
officer a site plan and such other information as is required in the site plan ordinance of
this borough. If the application for development is found to be incomplete, the developer
shall be notified thereof within 45 days of its submission of such application or it shall be
deemed to be properly submitted. If the planning board requires any substantial
amendment in the layout of improvements proposed by the developer that have been
subject of a hearing, an amended application shall be submitted and proceeded upon as in
the case of the original application for development. The planning board shall, if the
proposed development complies with the site plan ordinance and statute, grant
preliminary site plan approval.
Upon the submission to the administrative officer of a complete application for a site plan
of ten acres of land or less, the planning board shall grant or deny preliminary approval
within 45 days of such submission or within such further time as may be consented to by
the developer. Upon the submission of a complete application for a site plan of more
than ten acres, the planning board shall grant or deny preliminary approval within 95
days of the date of such complete submission or within such further time as may be
consented to by the developer.
d. Final approval of site plans and major subdivisions. The planning board shall grant final
approval if the detailed drawings, specifications and estimates of the application for final
approval conform to the standards established by ordinance for final approval, the
conditions of preliminary approval and, in the case of a major subdivision, the standards
prescribed by the “Map Filing Law,” N.J.S.A. 46:23-9.9 et seq. Application for final site
plan or subdivision approval shall be granted or denied within 45 days of submission of a
complete application or within further time as may be consented to by the applicant.
Final approval of a major subdivision shall expire 95 days from the date of signing of the
plat unless within such period the plat shall have been duly filed by the developer with
the county recording officer. The planning board may, for good cause shown, extend the
period for recording for an additional period not to exceed 190 days from the date of the
signing of the plat.
Wherever review or approval of the application by the county planning board is required
by other law, the planning board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the county planning board or approval
by the county planning board by its failure to report thereon within the required time
period of that statute.
e. Ancillary powers. Whenever the planning board is called upon to exercise its ancillary
powers for the granting of relief as set forth in subsection 14-3.6f of this chapter, the
planning board shall grant or deny approval of the application within 95 days after
submission by the developer a complete application or within such further time as may be
consented to by the applicant. Failure of the planning board to act within the period
prescribed shall constitute approval of the application in question and a certificate from
the secretary of the planning board as to the failure of the planning board to act shall be
issued on the request of the applicant.
14-3 LAND USE PROCEDURES
1407 Rev. Ord. Supp. 01/2011
Wherever review or approval of the application by the county planning board is required
by other law, the planning board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the county planning board or approval
by the county planning board by its failure to report thereon within the required period of
that statute.
14-3.8 Alternate Members. There shall be four (4) alternate members to the nine (9)
member Planning Board known as Alternate Number “1”, Alternate Number “2”, Alternate
Number “3”, and Alternate Number “4”. Alternate Members shall be appointed by the Mayor,
and shall serve for two (2) years except the terms of Alternate Members shall be such that the
term of not more than two (2) Alternate Members shall expire in any one (1) year and provided
further that in no instance shall the terms of the Alternate Members first appointed exceed two
(2) years.
A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the
unexpired term only.
Alternate Members may participate in discussion proceedings unless they have a direct or
indirect personal or financial in same, but may not vote except in the absence or disqualification
of a regular member of any Class. A vote shall not be delayed in order that the regular member
may vote instead of an alternate member. In the event that a choice must be made as to which
alternate member is to vote, alternate number 1 shall vote, or in their absence, the lowest
alternate number shall vote.
(Ord. No. 2011-01 § 2)
14-3.9 Rules and Regulations. The planning board shall adopt such rules and regulations as
may be necessary to carry into effect the provisions and purposes of this chapter.
14-4 LAND USE PROCEDURES
1408 Rev. Ord. Supp. 01/2011
14-4 ZONING BOARD OF ADJUSTMENT.
14-4.1 Powers, Duties and Responsibilities to be Transferred to Planning Board or
Land Use Board. From and after the effective date of the within Ordinance all powers, duties,
responsibilities, fees and application requirements of the Zoning Board of Adjustment shall be
transferred to or applied to the Planning Board or Land Use Board of the Borough of Harvey
Cedars pursuant to the provisions of N.J.S.A. 40:55d-25c. All references in the within Chapter
XIV of the Administrative Code and within the Administrative Code referring to the Zoning
Board of Adjustment of the Borough of Harvey Cedars shall hereafter apply to the Planning
Board or Land Use Board of the Borough.
(Ord. No. 2011-01 § 3)
14-4.2 Reserved. (Ord. No. 2011-01 § 3)
14-4.3 Reserved. (Ord. No. 2011-01 § 3)
14-4.4 Reserved. (Ord. No. 2011-01 § 3)
14-4.5 Powers of the Zoning Board of Adjustment. The board of adjustment shall have
the following powers:
a. To hear and decide by majority vote appeals where it is alleged by the appellant that there
is an error in any order, requirement, decision or refusal made by an administrative
officer based on or made in the enforcement of the zoning ordinance;
b. To hear and decide by majority vote requests for an interpretation of the zoning map or
ordinance;
14-4 LAND USE PROCEDURES
1409 Rev. Ord. Supp. 12/03
c. To grant, by majority vote, a variance from the strict application of the zoning regulations
of the borough where by reason of exceptional narrowness, shallowness or shape of a
specific piece of property, or by reason of exceptional topographic conditions, or by
reason of other extraordinary and exceptional situation or condition of such piece of
property the strict application of the zoning regulations would result in peculiar and
exceptional practical difficulties to, or exceptional and undue hardship upon the
developer of such property, except that no variance shall be granted under this subsection
to allow a structure or use in a district restricted against such structure or use; and provide
further that if the proposed development requires subdivision, site plan or conditional use
approval by the planning board, the request for a variance under these circumstances shall
be acted on by the planning board in conjunction with the subdivision, site plan or
conditional use application;
d. To grant a variance to allow a structure or use in the district restricted against such
structure or use in particular cases and for special reasons, but only by an affirmative vote
of at least two-thirds of the full authorized membership of the board;
e. To direct the issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or
structure in the bed of a mapped street or public drainage way, flood control basin or
public area reserved pursuant to N.J.S.A. 40:55D-32;
f. To direct the issuance of a permit for a building or structure not related to a street
pursuant to N.J.S.A. 40:55D-36.
Whenever an applicant shall request a variance to allow a structure or use in a district restricted
against such structure or use pursuant to subsection 14-4.5d of this chapter, the board of
adjustment shall have the power to grant subdivision, site plan or conditional use approval in
conjunction with its action on the use variance and may impose restrictions on the subdivision,
site plan or conditional use application in the same manner as the planning board.
No variance or other relief may be granted under the terms of this section unless such variance or
other relief can be granted without substantial detriment to the public good and will not
substantially impair the intent and purpose of the zone plan and zoning ordinance. An
application under this section may be referred to any appropriate person or agency, including the
planning board for its report; provided that such reference shall not extend the period of time
within which the zoning board of adjustment shall act.
14-4.6 Expiration of Variance. Any variance from the terms of this chapter granted by the
zoning board of adjustment or planning board shall expire by limitation unless such construction
or alteration shall have been actually commenced on each and every structure permitted by the
variance or unless such permitted use has actually been commenc
ed within twelve (12) months
from the date of entry of the determination of the board of adjustment or planning board except,
however, that the running of the period of limitation herein provided shall be tolled from the date
of filing an appeal from the decision of the board of adjustment to the board of commissioners or
to a court of competent jurisdiction until the termination in any manner of such appeal or
proceeding. (Ord. No. 2003-12 § 1)
14-4 LAND USE PROCEDURES
1410 Rev. Ord. Supp. 04/2011
14-4.7 Appeals and Applications.
a. Appeals to the board of adjustment may be taken by any interested party affected by any
decision of an administrative officer of the borough based on or made in the enforcement
of the zoning ordinance or official map. Such appeal shall be taken within 65 days by
filing a notice of appeal with the officer from whom the appeal is taken specifying the
grounds of such appeal. The officer from whom the appeal is taken shall immediately
transmit to the board all the papers constituting the record upon which the action
appealed from was taken.
b. The board of adjustment may reverse or affirm, wholly or in part, or may modify the
action, order, requirement, decision, interpretation or determination appealed from and to
that end have all the powers of the administrative officer from whom the appeal is taken.
c. An appeal to the board of adjustment shall stay all proceedings in furtherance of the
action in respect to which the decision appealed from was made unless the officer from
whose action the appeal is taken certifies to the board of adjustment, after the notice of
appeal shall have been filed with him, that by reason of facts stated in the certificate a
stay would, in his opinion, cause imminent peril to life or property. In such case,
proceedings shall not be stayed other than by an order of the Superior Court upon notice
to the officer from whom the appeal is taken and on due cause shown.
d. A developer may file an application for development with the board of adjustment for
action under any of its powers without prior application to an administrative officer.
e. Time for decision. The board of adjustment shall render a decision not later than 120
days after the date (1) an appeal is taken from the decision of an administrative officer or
(2) not later than 120 days after the submission of a complete application for
development to the board of adjustment. Failure of the board to render a decision within
such 120 day period, or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
Whenever an application for development shall request a variance pursuant to subsection 14-5.4d
of this chapter, the board of adjustment shall grant or deny approval of the application within 120
days after submission by a developer of a complete application to the administrative officer or
within such further time as may be consented to by the applicant.
14-4.8 Board of Adjustment Fees. At the time of filing an application for a variance with
the land use board, the applicant shall pay the following nonrefundable fee to the Borough of
Harvey Cedars:
a. Per variance and per appeal pursuant to NJSA 40:55D-70 (a) (b) (c) $500.00.
b. Variances pursuant to NJSA 40:55D-70 (d) $400.00
c. In addition to the above-mentioned fees, the applicant shall further guarantee to
reimburse the land use board for any and all expert expenses, engineering services, legal
review or other expenses needed to evaluate the application. The applicant shall pay a
fee to the Borough of Harvey Cedars at the time of
14-4 LAND USE PROCEDURES
1411 Rev. Ord. Supp. 04/2011
the filing of an application which shall be refundable, in whole or in part, if said expert
expenses do not equal the deposit.
1. Minimum Escrow for Variance and Site Plans $ 650.00
2. Minimum Escrow for Minor Sub-division $1,000.00
Any additional expert expenses over and above the deposit amount shall be due and
payable to the Borough of Harvey Cedars.
d. If the necessity arises for an additional meeting to conclude or continue the hearing of an
application, then and in that event, the applicant shall pay an additional fee of three
hundred ($300.00) dollars, which fee may be waived or adjusted by the land use board.
(Ord. No. 2011-05 § 1)
14-4.9 Applications for Variances Accompanied by Subdivision and/or Site Plan
Application. An applicant for a zoning variance (whose application is accompanied by a minor
subdivision application and/or site plan application) shall pay the following nonrefundable fee to
the Borough of Harvey Cedars:
a. Applications for minor subdivisions (including consolidation and resubdivision) $400.00.
(Ord. No. 2011-01 § 2)
b. Applications for major subdivisions:
1. Preliminary plat – 0-30 lots $80.00 per lot, minimum $300.00; more than 30 lots
$2,400.00 plus $30.00 per lot over 30 lots.
2. Final plat – 0-30 lots $80.00 per lot, minimum $300.00; more than 30 lots $2,400.00
plus $30.00 per lot over 30 lots.
c. Minor site plan $300.00
d. Major site plan - $80.00 per lot, minimum of $500.00
e. In addition to the above-mentioned fees, the applicant shall further guarantee to
reimburse the zoning board of adjustment for any and all expert expenses, engineering
services, or other expenses needed to evaluate the application.
(Ord. No. 2005-05 § 2)
14-5 LAND USE PROCEDURES
1412 Rev. Ord. Supp. 01/78
14-5 PROVISION PERTAINING TO THE PLANNING BOARD AND ZONING
BOARD OF ADJUSTMENT AND THE INTERRELATIONSHIP BETWEEN
SAID BOARDS.
14-5.1 Prohibited Uses. All uses not expressly permitted by the development regulations of
this borough are hereby expressly prohibited.
14-5.2 Use Variance Applications Forwarded to the Planning Board. Any application
and all supporting documents for a variance to allow a structure or use in a district restricted
against such structure or use pursuant to subsection 14-5.4d of this chapter shall be filed in
triplicate with the appropriate official of the zoning board of adjustment. One copy shall be
forwarded to the planning board by said official, together with a notice of the hearing date. The
planning board shall review the material and may make recommendations to the board of
adjustment at the public hearing on the application. The planning board’s recommendation may
contain, among other things, the planning board’s opinion as to the compatibility of the proposal
with the master plan; applications which may have been or are currently being processed by the
planning board for similar uses elsewhere in the borough; land use, traffic and other data relevant
to the application which the planning board has in its files; and what conditions, if any, the
planning board would recommend to improve the compatibility of the proposal with the master
plan and zoning ordinance should the board of adjustment decide to grant the variance.
14-5.3 Vacating a Street or Other Public Way. Where a street or public way serves as the
zoning district line and it is lawfully vacated, the former center line shall be considered the
zoning district line.
14-5.4 Conflicts of Interest. No member of the planning board or zoning board of
adjustment shall act on any manner in which he has either directly or indirectly any personal or
financial interest. Whenever any such member shall disqualify himself from acting on a
particular matter, he shall not continue to sit with the board on the hearing of such matter nor
may he participate in any discussion or decision relating thereto.
14-5.5 Meetings.
a. Regular meetings of the planning board and zoning board of adjustment shall be
scheduled no less than once a month and any meeting so scheduled shall be held as
scheduled unless canceled for lack of applications for development to process. Further,
all meetings shall conform with the Open Public Meeting Act of the State of New Jersey,
N.J.S.A. 10:4-6 et seq.
b. Special meetings may be provided for at the call of the chairman or on the request of any
two board members which shall be held on notice to its members and the public in
accordance with all applicable legal requirements.
c. No action shall be taken at any meeting without a quorum being present.
d. All regular meetings and all special meetings shall be open to the public except as
authorized as by the provisions of the Open Public Meeting Act, N.J.S.A. 10:4-6 et seq.
14-5 LAND USE PROCEDURES
1413 Rev. Ord. Supp. 01/78
14-5.6 Minutes. Minutes of every regular or special meeting of the planning board and
zoning board of adjustment shall be kept and shall include the names of the persons appearing
and addressing the boards and of the persons appearing by attorney, the action taken by the
board, the findings, if any, made by it and reasons therefore.
14-5.7 Transcripts. A verbatim transcript or recording shall be made of all hearings before
the planning board or the zoning board of adjustment.
14-5.8 Records. The minutes and transcripts of all proceedings shall thereafter be made
available for public inspection during the normal business hours at the office of the planning
board or the zoning board of adjustment, as the case may be. Any interested party shall have the
right to compel production of the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged a fee for reproduction
of the minutes for his or her use as provided for in the rules of the board concerning same.
14-5.9 Fees. Fees for applications or for the rendering of any service by the planning board
or zoning board or adjustment or of any special service rendered by the administrative staff may
be provided for by ordinance. Copies of the ordinance shall be available to the public upon
request.
14-5.10 Hearings. The planning board and zoning board of adjustment shall make rules
governing the conduct of hearings before such bodies which rules shall not be inconsistent with
the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter or any amendments thereto.
14-5.11 Oaths. The presiding official at the hearing shall have the power to administer
oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties and the provisions of the
“County and Municipal Investigations Law,” P.L. 1953 c. 1938 N.J.S.A. 2A:67A-1 et seq., shall
apply.
14-5.12 Testimony. Testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer and the right of cross-
examination shall be permitted to all interested parties through their attorneys if represented or
directly if not represented subject to the discretion of the presiding officer and to reasonable
limitations as to time and number of witnesses.
14-5.13 Appearance by Corporation. In accordance with law, no corporation shall appear
before either the planning board or the zoning board of adjustment without being represented by
an attorney authorized to practice law in the State of New Jersey.
14-5.14 Notice Requirements for Hearing. Whenever a hearing is required on an
application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof as follows:
a. Public notice shall be given by publication in the official newspaper of the borough at
least ten days prior to the date of the hearing.
14-5 LAND USE PROCEDURES
1414 Rev. Ord. Supp. 01/78
b. Notice shall be given to the owners of all real property as shown on the current tax
duplicate or duplicates located within 200 feet in all directions of the property which is
the subject of such hearing and whether located within or without the municipality in
which applicant’s land is located. Such notice shall be given by: (1) serving a copy
thereof on the owner as shown on the current tax duplicate or his agent in charge of the
property, or (2) mailing a copy thereof by certified mail to the property owner at his
address as shown on the current tax duplicate. A return receipt shall not be required.
Notice to a partnership owner may be made by service upon any partner. Notice to a
corporate owner may be made by service upon its president, its vice-president, secretary
or other person authorized by appointment or by law to accept service on behalf of the
corporation.
c. Notice of all hearings on applications for development involving property located within
200 feet of an adjoining municipality shall be given by personal service or certified mail
to the clerk of the municipality which notice shall be in addition to the notice required to
be given to the owners of lands in the adjoining municipality which are located within
200 feet of the subject premises.
d. Notice shall be given by personal service or certified mail to the county planning board of
a hearing on an application for development of property adjacent to an existing county
road or proposed county road shown on the official county map or on the county master
plan, adjoining other county land or situated within 200 feet of a municipal boundary or
where the construction of a bridge is contemplated.
e. Notice shall be given by personal service or certified mail to the commissioner of
transportation of a hearing on an application for development of a property adjacent to a
State highway or where drainage waters shall be deposited onto a State highway.
f. Notice shall be given by personal service or certified mail to the Director of the Division
of State and Regional Planning in the Department of Community Affairs of a hearing on
an application for development of property which exceeds 150 acres or 500 dwelling
units. This notice shall include a copy of any maps or documents required to be on file
with the borough clerk pursuant to this chapter or under the terms of statute.
g. All notices hereinabove specified in this subsection shall be given at least ten days prior
to the date fixed for hearing and the applicant shall file an affidavit of proof of service
with the attorney for the board holding the hearing on the application for development.
h. Any notice made by certified mail as hereinabove required shall be deemed to be
complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
14-5 LAND USE PROCEDURES
1415 Rev. Ord. Supp. 01/78
i. Form of notice. All notices required to be given pursuant to the terms of this chapter
shall state the date; time and place of the hearing; the nature of the matters to be
considered; the identification of the property proposed for development by street address,
if any, and by reference to lot and block numbers as shown on the current tax duplicate in
the borough tax assessor’s office; and the location and times at which any maps and
documents for which approval is sought are available for public inspection as required by
N.J.S.A. 40:55D-10(b). The planning board and zoning board of adjustment may prepare
forms and require applicants to utilize the forms in accordance with the terms of this
section.
j. List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c,
the tax assessor of the borough shall, within seven days after receipt of request therefore
and upon receipt of a payment of a fee of ten ($10.00) dollars, and certify a list from the
current tax duplicate of names and addresses of owners to whom the applicant is required
to give notice pursuant to subsection 14-5.14b of this chapter.
14-5.15 Decisions. Decisions of the planning and zoning board of adjustment on any
application for development shall be set forth in writing as a resolution of the board which shall
include findings of fact and legal conclusions based thereon in accordance with the terms of this
chapter and appropriate statutory and case law.
a. A copy of a certified resolution which shall include the decision of the board shall be
mailed by the board within ten days of the date of the decision to the applicant or if
represented by an attorney, then to his attorney without separate charge. A copy of the
decision shall be mailed to all persons who have requested it and paid the fee prescribed
by the board for such service. A copy of the decision shall also be filed in the office of
the borough clerk who shall make a copy of such filed decision available to any
interested party upon payment of the fee for the reproduction of said copy as set forth in
the general fee schedule of the borough concerning this service.
14-5.16 Publication of Decision. A brief notice of every final decision shall be published
in the official newspaper of the borough. Such publication shall be arranged by the secretary of
the planning board or the zoning board of adjustment as the case may be without separate charge
to the applicant. The notice shall be sent to the official newspaper for publication within ten
days of the date of any such decision.
14-5.17 Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-
65, every application for development submitted to the planning board or zoning board of
adjustment shall be accompanied by a certification from the tax collector of the borough that no
taxes or assessments for local improvements are due or delinquent on the property which is the
subject of such application. If taxes are due or in the alternative, if no certification is presented,
the planning board or zoning board of adjustment shall not consider the application for
processing and the application shall not be deemed to be complete.
14-5 LAND USE PROCEDURES
1416 Rev. Ord. Supp. 01/78
14-5.18 Conditional Approvals.
a. Pursuant to the provisions of N.J.S.A. 40:55D-22, an application for development
proposing a development that is barred or prevented, directly or indirectly, by a legal
action instituted by any State agency, political subdivision or other party to protect the
public health and welfare or by a directive or order issued by any State agency, public
subdivision or court of competent jurisdiction, shall be processed in accordance with
N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application for development
complies with the development regulations of this borough, the zoning board of
adjustment or planning board shall approve such application conditioned on removal of
such legal barrier to development. In that event, the requirement that construction
actually commence on the project nine months subsequent to the final approval by the
borough agency would be tolled subject to the removal of such legal barrier to
development.
b. In the event the development proposed by an application for development requires
approval by a governmental agency other than the borough planning board or the zoning
board of adjustment, the boards shall, in appropriate instances, condition their approval
upon the subsequent approval of the governmental agency; provided that the borough
boards shall make their decision on any application for development within the time
periods provided in this chapter or within an extension of such period as has been agreed
upon the applicant and the borough board. However, the borough planning board or
board of adjustment shall have the right to withhold signature on the final plat or map to
be filed until such time as all other governmental agencies have approved the application.
14-6 LAND USE PROCEDURES
1417 Rev. Ord. Supp. 11/84
14-6 RESERVED.
14-7 LAND USE PROCEDURES
1418 Rev. Ord. Supp. 01/78
14-7 MISCELLANEOUS PROVISIONS.
14-7.1 Definition of Terms. Whenever a term used in this chapter is defined in N.J.S.A.
40:55D-1 et seq., the term is intended to have the meaning set forth in the definition of such term
in that statute unless a contrary intention is clearly and explicitly expressed from the context of
this chapter.
14-7.2 Repeals. All sections of the land subdivision ordinance, zoning ordinance, site plan
ordinance or any other ordinance of the borough which contains provisions clearly contrary to
the provisions of this chapter shall be and hereby are repealed to the extent of any such
inconsistency.
14-7.3 Ordinances Continued. The substantive provisions of the existing land subdivision
ordinance, zoning ordinance and site plan ordinance of the borough shall continue in full force
and effect for a period of one year unless extended by further amendments to this chapter for a
longer period as permitted by law. The purpose of this interim provision is to provide a
reasonable period of time for the adoption of a new or substantially revised master plan and a
new or substantially revised series of development regulations.
14-7.4 Pending Applications. All applications for development filed prior to the effective
date of this chapter may be continued in accordance with pre-existing ordinances, but any
appeals arising out of decisions made on any such application shall be governed by the
provisions of this chapter.
14-7.5 Title. This chapter shall be known and may be cited as the “Land Use Procedure
Ordinance of the Borough of Harvey Cedars.”
14-7.6 Effective Date. This chapter shall take effect upon its adoption and publication as
provided by law but shall be effective no later than February 1, 1977.
14-7.7 Copy Filed with County Planning Board. Immediately upon the adoption of this
chapter, the borough clerk shall file a copy of same with the county planning board as required
by law. The clerk shall also file with the county planning board copies of all other ordinances of
the borough relating to land use, including but not limited to the subdivision ordinances, zoning
ordinance and site plan review ordinance and any revision or amendment thereto.
14-7.8 Severability. If any article, section or paragraph, clause or provision of this chapter
shall be adjudged invalid by a court of competent jurisdiction, such adjudication shall apply only
to that article, section, paragraph, clause or provision so adjudged and the remainder of this
chapter shall be deemed valid and effective.
1501 Rev. Ord. Supp. 04/79
CHAPTER XV
SITE PLAN
15-1 SHORT TITLE.
This chapter shall be known as the Borough of Harvey Cedars Site Plan Ordinance.
15-2 SITE PLAN
1502 Rev. Ord. Supp. 02/87
15-2 DEFINITIONS.
As used in this chapter.
a. Whenever a word or phrase used in this chapter is defined in R.S. 40:55D-1 et seq., the
Municipal Land Use Law, such term is intended to have the meaning set forth in the
definition of such term in that statute unless a contrary intention is clearly and explicitly
expressed from the context of this chapter.
b. The following words and phrases when used herein shall be defined as follows:
Approving authority shall mean the borough planning board unless a different agency is
acting pursuant to the authority of the Municipal Land Use Law, Chapter 291, Laws of
New Jersey 1975, as amended and supplemented.
Land Use Procedure Ordinance shall mean chapter XIV of the Revised General
Ordinances of the Borough of Harvey Cedars, 1975, entitled “Land Use Procedures”, as
amended and supplemented.
Major site plan shall mean all site plans other than minor site plans as defined herein.
Minor site plan shall mean a site plan for the development of not more than one lot and
one building located thereon with a minimum ground floor area not in excess of 2,500
square feet and not otherwise classified as an exempt site plan.
15-3 SITE PLAN
1503 Rev. Ord. Supp. 02/87
15-3 NECESSITY OF SITE PLAN REVIEW.
Except as hereinafter provided, no building permit, zoning permit, or certificate of occupancy
shall issue for any new construction nor for any change in use as hereinafter defined in paragraph
a. for any commercial, industrial, office building, garden apartment building, high-rise apartment
building, low-rise apartment building, or multi-family use; provided however, that single family
detached dwellings are exempt from the requirements herein imposed; or any recreational use,
unless a site plan is first submitted to and approved by the planning board of the borough in
accordance with the terms of this chapter. No certificate of occupancy, or final approval to
occupy or use any lands in the borough, which have been the subject of site plan application,
shall issue or be given until all of the conditions imposed by the planning board upon such site
plan application have been complied with. Enlargements or alterations of existing structures or
uses as described above shall be subject to the terms of this chapter. However, site plan approval
shall not be required if a building permit is to be obtained in order to perform interior or exterior
cosmetic changes not affecting the use of the property, and in conformity with the zoning
ordinances of the borough.
a. The change of use requiring site plan submission and approval pursuant to this chapter
shall be any change of use which shall impose, pursuant to the terms of the zoning
ordinance of the borough, stricter or more stringent controls, requirements or burdens on
the lands where such use is to be conducted.
b. The provisions of this chapter shall not limit the requirements for submission of
subdivision plans for subdivision approval as may otherwise be required by any other
ordinance of the Borough of Harvey Cedars, either now or hereinafter enacted.
c. The provisions of this chapter shall not limit the requirements for submission of any
application for variance or conditional use to the planning board or zoning board of
adjustment as may be required by any other ordinance of the Borough of Harvey Cedars
now or hereinafter enacted.
d. All development resulting from site plan approval shall comply with the zoning and
subdivision requirements of the borough as well as all borough design and performance
standards, including conditions imposed by the approving authority, as shown on the
approval plat, and as included in the resolution adopted by the approving authority.
15-4 SITE PLAN
1504 Rev. Ord. Supp. 02/87
15-4 PROCEDURE FOR PRELIMINARY SITE PLAN APPROVAL.
15-4.1 Filing Procedure. The applicant shall file with the borough clerk at least 14 days
prior to the next public meeting of the approving authority:
a. Six copies of the completed preliminary site plan;
b. Six copies of the completed application for preliminary site plan approval;
c. A certification from the borough tax collector that no taxes or assessments for local
improvements are due or delinquent on the property which is the subject of the
application;
d. Six copies of a list of all permits required for development of the site plan, including a
notation as to those permits which have been applied for and received;
e. The appropriate review fee as determined in section 15-13 for preliminary site plan
approval.
15-4.2 Approving Authority to Review: Grant or Deny Approval.
a. The approving authority shall review the application for its completeness and accept or
reject the submission as a complete application in accordance with the provisions of the
land use procedure ordinance.
b. If the submission is accepted as complete, the approving authority shall grant or deny
preliminary site plan approval in accordance with the provisions of this chapter, the land
use procedure ordinance and all other applicable laws and ordinances.
c. All preliminary site plans shall be submitted in accordance with the provisions and details
set forth in section 15-8 of this chapter.
15-5 SITE PLAN
1505 Rev. Ord. Supp. 04/79
15-5 PROCEDURE FOR FINAL SITE PLAN APPROVAL
15-5.1 Filing Procedure. The applicant shall file with the borough clerk at least 14 days
prior to the next public meeting of the approving authority:
a. Six copies of a completed application for final site plan approval;
b. Six copies of a completed final site plan, one of which shall consist of an original mylar
for signature by the approving authority;
c. The appropriate review fee as determined in section 15-13 of this chapter for final site
plan approval;
d. The appropriate inspection fee as determined by the borough engineer in accordance with
section 15-11 of this chapter;
e. Certification from the borough tax collector that no taxes or assessments for local
improvements are due or delinquent on the property which is the subject of the
application;
f. Six copies of a list of all permits required for development of the site plan, including a
notation as to those permits which have been applied for and received;
g. All required performance and maintenance guarantees.
15-5.2 Approving Authority to Review: Grant or Deny Approval. The approving
authority shall review the application for its completeness and accept or reject the submission as
a complete application in accordance with the provisions of the land use procedure ordinance.
If the submission is accepted as complete, the approving authority shall grant or deny final
site plan approval in accordance with the provisions of this chapter, the land use procedure
ordinance and all other applicable laws and ordinances.
15-6 SITE PLAN
1506 Rev. Ord. Supp. 04/79
15-6 SIGNATURE UPON FINAL APPROVAL.
Upon final approval of a site plan, the chairman and secretary of the approving authority
shall sign the mylar original and one paper print. The signed mylar original shall be filed with
the borough clerk and the paper print shall be retained by the approving authority for its files.
Immediately upon final approval, the secretary of the approving authority shall forward a copy of
the approved final site plan to the borough tax assessor, tax collector and zoning officer,
respectively.
15-7 SITE PLAN
1507 Rev. Ord. Supp. 04/79
15-7 PRELIMINARY SITE PLAN DETAILS.
All site plans and supporting documents shall comply with the requirements hereinafter set
forth and shall contain the following information and data:
a. Site plans shall be of a size no more than 30 inches by 48 inches.
b. Site plans shall be drawn to a scale of not less than 50 feet to the inch. All distances to be
in feet and decimals of a foot and all bearings shall be given to the nearest ten seconds.
The error of closing shall not exceed one to ten thousand.
c. The names of all owners of record of all adjacent properties and the lot and block
numbers of the property as shown on the current tax map of the borough.
d. Existing school, zoning and special district boundaries. Such features shall be shown on
a separate map or as a key map on a special detailed map itself.
e. Boundaries of the property; building or setback lines; and the lines of existing streets, lots
reservations, easements and areas dedicated to public use.
f. A copy of any covenants of deed restrictions that are intended to cover all or any part of
the tract.
g. Location of existing buildings which shall remain and all other structures such as walls,
fences, culverts, bridges, roadways, electric telephone or cable T.V. lines, etc., with spot
elevations of such structures. The outline of such structures shall be indicated by a dash
line and those that shall remain shall be shaded.
h. Location of all storm drainage structures and utility lines, whether publicly or privately
owned, with pipe sizes, grades, and direction of flow; and if any existing utility lines are
underground, the estimated location of the already existing underground utility line shall
be shown.
i. Existing contours with intervals of two feet where slopes are less than five percent and
five feet where slopes are five percent or more, refer to as a datum as provided by the
approving authority engineer to be indicated by a dash line. Where any change in
contours are proposed, finish grades should be shown as solid lines.
j. Location of existing high points, watercourses, depressions, ponds, marshes, single trees
with a diameter of six inches or more as measured three feet ab
ove the base of the trunk
and other significant existing features, including previous flood elevations of
watercourses, pond and marsh areas as determined by survey.
k. Title of development, north point, scale, name and address of record owner, engineer,
architect, land planner or surveyor preparing the site development plan.
15-7 SITE PLAN
1508 Rev. Ord. Supp. 04/79
l. A survey prepared by a licensed surveyor of the State of New Jersey shall accompany the
site plan and shall show the boundaries of the parcel and the limits of all proposed streets,
recreation areas, and other property to be dedicated to public use. The site plan may be
accompanied by such other exhibits of an architectural or planning nature submitted by
the applicant or as may be required by the approving authority pursuant to any ordinance
now in existence or any ordinance hereinafter enacted in the borough.
m. All proposed easements and public community areas. All proposed streets with
subsection A profiles indicating grade and B cross-sections showing width of roadways,
location and width of sidewalks and location and size of utility lines, according to the
standards and specifications of the borough.
n. The proposed use or uses of land and buildings and proposed location of building,
including proposed grades. Such features should be indicated on a separate drawing
where deemed desirable and necessary by the approving authority.
o. All means of vehicular access and egress to and from the site onto public streets showing
size and location of driveways, curb cuts and sidewalks.
p. The location and design of any off-street parking areas or loading areas showing size and
location of bays, isles and barriers.
q. The location of all proposed waterlines, valves, and hydrants and of all sewer lines or
alternative means of water supply or sewerage disposal and treatment in conformance
with the applicable standards of the borough.
r. The proposed location, direction of illumination, amount of illumination expressed in
average horizontal foot candles, hour and time of proposed outdoor lighting in
conformance with applicable standards of the borough and as may be applied by the
approving authority.
s. The proposed screening and landscaping, including planting plan, in conformance with
the applicable standards of the borough and the approving authority.
t. Proposed storm water drainage system in conformance with the applicable standards of
the borough and the approving authority.
u. Such other information or data as may be required by the approving authority in order to
determine that the details of the site plan are in accordance with the standards of the
ordinances of the borough and all other general law.
15-8 SITE PLAN
1509 Rev. Ord. Supp. 04/79
15-8 FINAL SITE PLAN DETAILS.
The final site plan plat shall include all data required on the preliminary site plan plat drawn
to incorporate all changes required as a condition of preliminary approval. The information and
design on the final site plan plat shall be in final design condition.
15-9 SITE PLAN
1510 Rev. Ord. Supp. 04/79
15-9 EXCEPTIONS.
The approving authority when acting upon an application for preliminary site plan approval
may grant such exceptions from the preliminary site plan details and design and performance
standards set forth in this chapter or any other ordinance of the borough as may be reasonable
and within the general purpose and intent of the provisions for site plan review and approval, if
the literal enforcement of one or more of the provisions will result in exceptional practical
difficulties to or exceptional and undue hardship to the applicant because of peculiar conditions
pertaining to the land in question.
15-10 SITE PLAN
1511 Rev. Ord. Supp. 04/79
15-10 STANDARD REGULATIONS.
Approving authority approval of a site plan shall be guided by the fact that the site plan
conforms with the following standards and regulations:
a. The applicant has submitted a complete site plan containing all of the information and
data as provided for in this chapter.
b. The details of the site plan are in accordance with the standards of the zoning ordinance,
subdivision ordinance and any and all other ordinances of the borough which may be in
existence at the time of the application, and in harmony with any officially adopted
comprehensive master plan of the borough.
c. All parking and traffic problems shall be kept at a minimum by the use of engineering
design features such as acceleration and deceleration lanes, jug handles, and marginal
access streets.
d. Adequate provisions are made to prevent drainage problems and to provide adequate
water supply, drainage, shade trees, sewerage facilities and other utilities necessary for
essential services to residents and occupants of the property subject to the application.
e. All playgrounds, parking and service areas are reasonably screened from view of adjacent
properties and streets at all seasons of the year where necessary for the purpose of
protecting the health, safety, general welfare, comfort and convenience of the public.
f. The location, power, directions and time of any proposed outdoor lighting will not have
an adverse effect upon any properties in any adjoining residential districts by impairing
the established character or potential use of the properties in such districts.
g. The details of the site plan for the authorized use will be such that the operation will not
offend the public interest.
15-11 SITE PLAN
1512 Rev. Ord. Supp. 04/79
15-11 GUARANTEES AND INSPECTIONS.
15-11.1 Final Plat Approval. No final plat shall be approved by the approving authority
until all required on-site and off-site improvements, including but not limited to those
improvements set forth in the Borough of Harvey Cedars Subdivision Ordinance, as amended
and supplemented, have been installed, inspected, certified and approved by the borough
engineer and accepted by the governing body and maintenance guarantee has been filed and
accepted by the governing body in accordance with the requirements of this chapter or their
installation shall have been provided for by a performance guarantee accepted and approved by
the governing body in accordance with the requirements of this chapter.
15-11.2 Borough Attorney to Approve Performance Bond. The performance guarantee
shall consist of a performance bond in a form approved by the borough attorney, in which the
applicant shall be principal and an acceptable surety company licensed to do business in the State
of New Jersey shall be surety, or cash or certified check which shall be deposited with the
borough by payment to the municipal treasurer.
15-11.3 Amount of Performance Guarantee. The total performance guarantee shall be an
amount equal to 120 percent of the estimated cost of the necessary improvements as determined
by the borough engineer. Ninety percent of this total shall be in either cash, certified check or
surety bond of a bonding company approved by the governing body. The remaining ten percent
shall be in cash and shall be paid in a like manner and under the same conditions as is the
security aforesaid.
15-11.4 Term; Extension. Performance guarantees shall run for a term not to exceed 18
months; provided, however, such guarantees with the consent of the principal and surety, if any,
may be extended by the governing body by resolution for an additional period not to exceed 18
months.
15-11.5 Borough Engineer to Inspect; Developer to Pay Cost. At least one week prior to
the beginning of construction or installation of any required improvements, the developer shall
notify the borough engineer in writing of the developer’s intention to commence such work. All
improvements and utility installations shall be inspected during the time of their installation by
the borough engineer or his designee to insure satisfactory completion and no underground
installation shall be covered until inspected by the borough engineer or his designee. The cost of
all inspections shall be the responsibility of the developer and he shall deposit the necessary
inspection fee with the borough clerk upon making application for final approval under this
chapter or prior to the start of any construction, whichever shall first occur. The inspection fee
shall be in addition to the amount of any required performance or maintenance guarantee and
shall consist of six percent of the estimated cost of the improvements to be constructed as
determined by the borough engineer. This fee shall be held in reserve by the borough and used
to pay the cost of inspecting the construction. It shall be the obligation of the developer to pay
for the actual cost of inspecting the construction. Any excess money shall be remitted to the
developer upon approval of all improvements as provided herein. Any additional inspection
costs shall be paid by the developer prior to the approval of the improvements by the governing
body, as provided for herein.
15-11 SITE PLAN
1513 Rev. Ord. Supp. 04/79
15-11.6 Inspection Procedures. After completing the construction of the improvements
covered by the performance guarantee, the developer shall make application to the governing
body in writing by certified mail addressed to the borough clerk, with a copy sent by certified
mail to the borough engineer for final inspection of such improvements. The borough engineer
shall, within 30 days after his receipt of the application, inspect the improvements in question
and report in writing to the governing body indicating either approval, partial approval or
rejection of the improvements with a statement of reasons for any rejection. If partial approval is
indicated, the cost of the improvements rejected shall be set forth.
15-11.7 Governing Body to Approve; Notify. The governing body shall either approve,
partially approve or reject the improvements on the basis of the report of the borough engineer
and shall notify the developer in writing, by certified mail, of the contents of the report and the
action of the approving authority not later than 65 days after receipt of the notice from the
developer of the completion of the improvements. Where partial approval is granted, the obligor
shall be released from all liability pursuant to its performance guarantee, except for that portion
adequately sufficient to secure provision of the improvements not yet approved. Failure of the
governing body to send or provide such notification to the obligor within 65 days shall be
deemed to constitute approval of the improvements and the obligor and surety, shall be released
from all liability, pursuant to said performance guarantee.
15-11.8 Rejection Procedures. If any portion of the required improvements are rejected,
the approving authority may require the obligor to complete such improvements and, upon
completion, the same procedure of notification, as set forth in this section shall be followed.
15-11.9 Approval Does Not Obligate Borough. The approval of any plat under this
chapter by the approving authority shall in no way be construed as an acceptance of any street,
drainage system or other improvement required by this chapter nor shall such plat approval
obligate the borough in any way to maintain or exercise jurisdiction on over such street and
drainage system or other improvement. Acceptance of any street, drainage system or other
improvement shall be implemented only by favorable action of the governing body.
15-12 SITE PLAN
1514 Rev. Ord. Supp. 04/79
15-12 MAINTENANCE GUARANTEE.
No improvement shall be accepted, approved or partially approved by the governing body
unless and until all of the following conditions have been met:
a. The borough engineer shall have certified in writing that the improvement is complete
and that it complies fully with the requirements of this chapter and all other applicable
laws and ordinances.
b. A maintenance guarantee is posted with the governing body for a period of two years
after final acceptance of the improvement, in an amount equivalent to 15 percent of the
cost of the improvement, as determined by the borough engineer. In the event that other
governmental agencies or public utilities automatically will own the utilities to be
installed or where the improvements are covered by a performance or maintenance
guarantee to another governmental agency, no performance or maintenance guarantee, as
the case may be, shall be required by the borough for such utilities or improvements.
15-13 SITE PLAN
1515 Rev. Ord. Supp. 04/79
15-13 FEES.
The applicant shall, at the time of filing an application for site plan approval, pay the
following nonrefundable fee to the Borough of Harvey Cedars by certified check, cash or bank
money order;
a. Minor Site Plan - $300.00
b. Major Site Plan - $80.00 per lot with a minimum of $500.00
c. In addition to the above-mentioned fees, the applicant shall further guarantee to reimburse
the planning board for any and all expert expenses, engineering services, or other expenses
needed to evaluate the application.
15-14 SITE PLAN
1516 Rev. Ord. Supp. 04/79
15-14 SEVERABILITY.
If any section, subsection or paragraph of this chapter shall be declared to be
unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction,
such section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or
inoperative, remain in full force and effect, and no such determination shall be deemed to
invalidate the remaining sections, subsections or paragraphs of this chapter.
15-15 SITE PLAN
1517 Rev. Ord. Supp. 04/79
15-15 INCONSISTENT ORDINANCES REPEALED.
All ordinances or parts of ordinances which are inconsistent with the provisions of this
chapter are hereby repealed to the extent of such inconsistency.
15-16 SPECIFIC REPEALER.
Section 14-3.8 of the Revised General Ordinance of the Borough of Harvey Cedars, 1969,
entitled “Applications – Procedures for Filing Before Planning Board,” is hereby repealed in its
entirety.
15-17 VIOLATIONS AND PENALTIES.
a. In addition to any liability or penalty imposed by law or this chapter, any person violating
any provision of this chapter shall, upon conviction thereof, pay a penalty of not less than
five ($5.00) dollars, nor more than five hundred ($500.00) dollars for each offense.
b. Each and every day in which a violation of any of the provisions of this chapter exist
shall constitute a separate violation.
15-18 EFFECTIVE DATE.
This ordinance shall take effect upon final adoption after publication as provided by law.
15-19 COPY TO BE FILED WITH THE COUNTY PLANNING BOARD.
Immediately, upon the adoption of this ordinance, the borough clerk shall file a copy of the
same with the county planning board as required by law.
1601 Rev. Ord. Supp. 04/79
CHAPTER XVI
LAND SUBDIVISION
16-1 SHORT TITLE.
This chapter shall be known and may be cited as: “The Land Subdivision Ordinance of the
Borough of Harvey Cedars.”
16-2 LAND SUBDIVISION
1602 Rev. Ord. Supp. 04/79
16-2 PURPOSE.
The purpose of this chapter shall be to provide rules, regulations and standards to guide land
subdivision in the borough in order to promote the public health, safety, convenience and general
welfare of the municipality. It shall be administered to insure the orderly growth and development,
the conservation, protection and proper use of land and adequate provision of circulation, utilities
and services.
16-3 LAND SUBDIVISION
1603 Rev. Ord. Supp. 03/01
16-3 GENERAL PROVISIONS.
16-3.1 Administration. The provisions of this chapter shall be considered the minimum
requirements for the protection of the public health, safety and welfare of the citizens of the
borough. Any action taken by the planning board or board of adjustment under the terms of this
chapter shall give primary consideration to the requirements of this chapter and to the welfare of
the entire community.
16-3.2 Amendments. All provisions of this chapter may be amended in accordance with
applicable laws in effect at the time of the amendment.
16-3.3 Conditional Approval. Regulation of the development of land and the attachment of
reasonable conditions to the development applications is an exercise of valid police power
delegated by the State to this borough. The applicant has the duty of compliance with reasonable
conditions laid down by the approving authority for design, dedication, improvements, and the use
of the land so as to conform to the physical and economical development of the borough and to
the safety and general welfare of the future residents and owners in the development and in the
community at large. Where county planning board review or approval is required on a subdivision,
the approving authority shall condition any approval it grants upon either timely receipt of a
favorable report by the county planning board or approval by the county planning board due to its
failure to submit a report within the required time period. If the county’s report is negative or
attaches conditions, the original action by the borough approving authority shall be null and void
and a new resolution shall be adopted which considers the county planning board’s report.
16-3.4 Effective Date. This chapter shall take effect upon its final passage and publication
according to law.
16-3.5 Exceptions. The approving authority, when acting upon applications for preliminary
or minor subdivision approval, shall have the power to grant such exceptions from the “Design
and Performance Standards” in section 16-7 of this chapter as may be reasonable and within the
general purpose and intent of the provisions for subdivision review and approval if the literal
enforcement of one or more provisions of this chapter will result in exceptional and practical
difficulties to or exceptional undue hardship to the developer because of peculiar conditions
pertaining to the land in question.
16-3.6 Exemptions from Subdivision Regulations. Divisions of land not considered a
subdivision as defined in this chapter shall be exempt from compliance with the requirements of
this chapter only after affirmative action by the approving authority. Such action shall be taken
following submission of documentation to the approving authority showing a division of land for
agricultural purposes where all resulting parcels are five acres or larger in size; a division by
testamentary or interstate provisions; a division of property by court order; or a conveyance so as
to combine existing lots by deed or other instrument, as the case may be. Until exempted from the
subdivision regulations by the approving authority, no person can transfer, sell or agree to transfer
or sell, as owner or agent, any land which forms a part of a subdivision for which approval is
required.
16-3 LAND SUBDIVISION
1604 Rev. Ord. Supp. 03/01
16-3.7 Fees. The developer shall, at the time of filing an application for subdivision, pay the
following nonrefundable fee to the Borough of Harvey Cedars by certified check or bank money
order:
a. Subdivision.
1. Application for determination of exempt status - $50.00
2. Applications for minor subdivisions (including consolidation and resubdivision) -
$200.00
3. Applications for major subdivisions:
(a) Preliminary Plat:
0-30 lots $80.00 per lot, minimum $300.00; more than 30 lots $2,400.00 plus
$30.00 per lot over 30 lots.
(b) Final Plat:
0-30 lots $80.00 per lot, minimum $300.00; more than 30 lots $2,400.00 plus
$30.00 per lot over 30 lots.
4. In addition to the above-mentioned fees, the applicant shall further guarantee to
reimburse the planning board for any and all expenses, engineering services, legal
services or other expenses needed to evaluate the application.
b. Miscellaneous
1. Conditional uses: $150.00
2. Hardship variance in conjunction with subdivision approval: $50.00
3. Application for building permit in conflict with official map or building permit for lot
not related to a street in conjunction with subdivision approval: $75.00
c. Application for Site Plan, Minor or Major Subdivision with Application for Zoning
Variance:
1. An application for a site plan, minor subdivision, or major subdivision, which is
accompanied by an application for a zoning variance, shall pay the following
nonrefundable fee to the Borough of Harvey Cedars:
(a) Variances and appeals pursuant to N.J.S.A. 40:55-D-70 (a) (b) (c): $150.00
(b) Variances pursuant to N.J.S.A. 40:55-D-70 (d): $300.00
16-3 LAND SUBDIVISION
1605 Rev. Ord. Supp. 04/79
16-3.8 Guarantees and Inspections.
a. No final plat shall be approved by the approving authority until all required on-site, off-
site and off-tract improvements have been installed, inspected, certified and approved by
the borough engineer and accepted by the governing body and a maintenance guarantee
has been filed and accepted by the governing body in accordance with the requirements of
this chapter or their installation shall have been provided for by a performance guarantee
accepted and approved by the governing body in accordance with the requirements of this
chapter. No maintenance bond shall be accepted nor shall any partial facility be accepted
for any item which has further stages of work to be completed 7or which will need to be
altered or reworked in any manner due to the installation or connection of any other facility.
Any improvements installed prior to final plat application that do not meet the standards
of this chapter or other regulations shall be added to the performance guarantee.
b. A performance guarantee cost estimate shall be submitted to the approving authority by its
engineer as part of his report on preliminary and final plat review. The approving authority
may request its engineer to review and update this estimate from time to time as required.
c. The proposed performance guarantee required for final plat approval shall be submitted to
the approving authority engineer and attorney for recommendations as to accuracy and
form and then to the governing body for approval and acceptance by resolution.
Submission for final plat approval shall not be made until the performance guarantee has
been accepted and approved by the governing body.
1. The performance guarantee shall consist of the performance guarantee cost estimate
and a performance bond, in which the developer shall be principal and an
acceptable surety company licensed to do business in the State of New Jersey shall
be surety, or cash or certified check which shall be deposited with the borough by
payment to the municipal treasurer. The treasurer shall issue a receipt for such
deposits and shall retain the deposits as security for completion of all requirements
to be returned to the developer on completion of all required work or, in the event
of default on the part of the developer, to be used by the borough to pay the costs
of completing the requirements. If the required improvements have not been
completed or corrected in accordance with the standards of the borough or within
the stipulated time, the obligor and surety for any bond shall be liable thereon to
the borough for the reasonable cost of the improvements not completed or
corrected, and upon authorization by the governing body, the borough attorney shall
take the necessary steps to obtain such costs from the obligor and surety. The
borough may, either prior to or after receipt of the proceeds thereof, complete such
improvements.
2. The total performance guarantee shall be an amount equal to 120 percent of the
performance guarantee cost estimate. 90 percent of this total shall be in either cash,
certified check or surety bond of a bonding company approved by the governing
body. The remaining ten percent shall be in cash and shall be paid in like manner
and under the same conditions as set forth in subsection 16-3.8c,1.
16-3 LAND SUBDIVISION
1606 Rev. Ord. Supp. 04/79
In the event of default, the ten percent cash fund herein mentioned shall be first
applied to the completion of the requirements and the cash, certified check, or
surety bond shall thereafter be resorted to, if necessary, for the completion of the
requirements. The cash or surety bond may recite the foregoing provision. The
borough engineer’s certification that the principal has satisfactorily installed or has
defaulted in meeting the required standards of construction shall be the basis for
governing body action which accepts or rejects the improvements, withholds
approval, or may extend the time allowed for installation of the improvements.
3. Performance guarantees shall run for a term not to exceed 18 months; provided
however, such guarantees with the consent of the principal and surety, if there be a
surety, may be extended by the governing body by resolution for an additional
period not to exceed 18 months.
d. The administrative officer shall immediately notify the approving authority and the
borough engineer when the performance guarantee has been approved and accepted by the
governing body.
e. At least 48 hours prior to the beginning of construction or installation of any required
improvements, the developer shall notify the borough engineer in writing of the
developer’s intention to commence such work. All improvements and utility installations
shall be inspected during the time of their installation by the borough engineer or his
designee to insure satisfactory completion and no underground installation shall be covered
until inspected by the borough engineer or his designee. The cost of all inspections shall
be the responsibility of the developer and he shall deposit the necessary inspection fee with
the borough clerk upon making application for final approval under this chapter or prior to
the start of any construction, whichever shall first occur. The inspection fee shall be in
addition to the amount of any required performance or maintenance guarantees and shall
consist of six percent of the estimated cost of construction as determined by the borough
engineer. This fee shall be held in reserve by the borough and used to pay the costs of
inspecting the construction. It shall be the obligation of the developer to pay for the actual
costs of inspecting the construction. Any excess monies shall be remitted to the developer
upon approval of all improvements as provided herein. Any additional inspection costs
shall be paid by the developer prior to the approval of the improvements by the governing
body, as provided for herein.
f. If, during installation of the required improvements, the developer fails to meet
specification requirements or to correct unacceptable work, the borough engineer shall
either issue a stop work notice in person or send notification in writing by certified mail,
return receipt requested, that the developer has failed to comply with specifications or to
correct unacceptable work properly and said notice shall set forth in detail what has not
been properly installed.
If within ten days after the stop work notice is served or after the certified date of receipt
of such written notice, the developer has failed to correct the work or perform in accordance
with the notice, the borough shall then cause the notice of default to be served upon the
developer and copy shall be sent to the governing body and planning board.
16-3 LAND SUBDIVISION
1607 Rev. Ord. Supp. 04/79
g. Electrical, gas, telephone and all other utility installations installed by utility companies
shall also be subject to the inspection requirements contained herein.
h. No certificate of occupancy shall be issued for any lot or structure within a subdivision or
approved section thereof until the borough engineer certifies that all improvements
required under this chapter applicable to such lot or structure, including curbs, utilities,
functioning water supply and sewage treatment facilities, storm drainage necessary to
insure proper drainage of the lot and surrounding land, grading of lots, soil stabilization,
base course for the street and driveway, and sidewalks, have been installed to his
satisfaction.
i. After completing the construction of the improvements covered by the performance
guarantee, the developer shall prepare two sets of improvements and utility plans and
profiles amended to read “as constructed” and make application to the governing body in
writing, by certified mail, addressed to the borough clerk with a copy sent by certified mail
to the borough engineer for final inspection of such improvements. The borough engineer
shall, within 30 days after his receipt of said application, inspect the improvements in
question and report in writing to the governing body indicating either approval, partial
approval or rejection of the improvements with a statement of reasons for any rejection. If
partial approval is indicated, the cost of the improvements rejected shall be set forth.
j. The governing body shall either approve, partially approve or reject the improvements, on
the basis of the report of the borough engineer and shall notify the obligor in writing, by
certified mail, of the contents of the report and the action of the approving authority with
relation thereto, not later than 65 days after receipt of the notice from the obligor of the
completion of the improvements. Where partial approval is granted, the obligor shall be
released from all liability pursuant to its performance guarantee, except for that portion
adequately sufficient to secure provision of the improvements not yet approved. Failure of
the governing body to send or provide such notification to the obligor within 65 days shall
be deemed to constitute approval of the improvements and the obligor and surety, shall be
released from all liability, pursuant to such performance guarantee.
k. If any portion of the required improvements are rejected, the approving authority may
require the obligor to complete such improvements and, upon completion, the same
procedure of notification, as set forth in this section shall be followed.
l. The approval of any plat under this chapter by the approving authority shall in no way be
construed as acceptance of any street, drainage system, or other improvement required by
this chapter, nor shall such plat approval obligate the borough in any way to maintain or
exercise jurisdiction over such street, drainage system or other improvement shall be
implemented only by favorable action by the governing body.
16-3 LAND SUBDIVISION
1608 Rev. Ord. Supp. 04/79
m. Maintenance guarantee. No improvement shall be accepted, approved or partially
approved by the governing body unless and until all of the following conditions have been
met:
1. The borough engineer shall have certified in writing that the improvement is complete
and that it complies fully with the requirements of this chapter and of all other
applicable local ordinances.
2. A maintenance guarantee is posted with the governing body for a period of two years
after final acceptance of the improvement, in an amount equivalent to 15 percent of the
cost of the improvement. In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or the improvements are
covered by a performance or maintenance guarantee to another governmental agency,
no performance or maintenance guarantee, as the case may be, shall be required by the
borough for such utilities or improvements.
16-3.9 Inconsistent Ordinances Repealed. All ordinances or parts of ordinances which are
inconsistent with the provisions of this chapter are hereby repealed to the extent of such
inconsistency.
16-3.10 Interpretation. The provisions of this chapter shall be held to be minimum
requirements. Where any provision of this chapter imposes restrictions different from those
imposed by any other provision of this chapter or any other ordinance, rule or regulation, or other
provision of law, whichever provision(s) are more restrictive or impose higher standards shall
control.
16-3.11 Validity. If any section, paragraph, clause or other provision of this chapter shall be
adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph,
clause or provision so adjudged and the remainder of this chapter shall be deemed valid and
effective.
16-3.12 Violations and Penalties.
a. In addition any other liability or penalty imposed by law on this chapter, any person
violating any provision of this chapter shall, upon conviction thereof, pay a penalty of not
less than five ($5.00) dollars nor more than five hundred ($500.00) dollars for each offense.
b. Each and every day in which a violation of any of the provisions of this chapter exists shall
constitute a separate violation.
16-4 LAND SUBDIVISION
1609 Rev. Ord. Supp. 04/79
16-4 DEFINITIONS.
16-4.1 As Used in this Chapter. Whenever a word or phrase used in this chapter is defined
in R.S. 40:55D.1 et seq., the Municipal Land Use Law, such term is intended to have the meaning
set forth in the definition of such term in that statute unless a contrary intention is clearly and
explicitly expressed from the context of this chapter. The following words or phrases when used
herein shall be defined as follows:
a. Administrative officer shall mean the clerk of the borough.
b. Approving authority shall mean the borough planning board unless a different agency is
designated in the text of this chapter or the land use procedure ordinance and is acting
pursuant to the authority of the Municipal Land Use Law R.S. 40-55D-1 eq seq.
c. Governing body shall mean the board of commissioners of the borough.
d. Land use procedure ordinance shall mean the Land Use Procedure Ordinance of the
Borough of Harvey Cedars adopted November 19, 1976, as amended and supplemented.
e. Plat, final shall mean the plat of all or a portion of a subdivision prepared in accordance
with the standards set forth in subsection 16-5.8 of this chapter, which is submitted to the
approving authority for final approval in accordance with subsection 16-5.7 of this chapter.
f. Plat, preliminary shall mean the plat prepared in conformity to the standards of subsection
16-5.6 of this chapter which is submitted to the approving authority as a part of the
application for preliminary approval in accordance with subsection 16-5.5 of this chapter.
g. Plat, minor subdivision shall mean the plat prepared in accordance with the standards set
forth in subsection 16-5.2 of this chapter, which is submitted to the approving authority as
a part of the application for minor subdivision approval in accordance with subsection 16-
5.1 of this chapter.
h. Subdivision Committee shall mean a committee of at least three planning board members
appointed by the chairman of the planning board with the approval of the majority of the
board for the purpose of classifying subdivision in accordance with the provisions of this
chapter, and such other duties relating to land subdivision which may be conferred on the
committee by the planning board.
i. Minor subdivision shall mean any subdivision of land which does not involve the creation
of more than three lots, including the original lots; any new street or road; the extension of
water lines and/or municipal facilities; and which does not adversely affect the
development of the remainder of the parcel or adjoining property or conflict with any
provisions or portion of the master plan, official map, zoning ordinance or this chapter;
provided further that the proposed subdivision is not adjacent to any other tract or part of
a tract of vacant or unsubdivided land under the same ownership.
16-4 LAND SUBDIVISION
1610 Rev. Ord. Supp. 04/79
j. Major subdivision shall mean all subdivisions not classified as minor subdivisions.
k. Owner shall mean any individual, firm, association, syndicate, co-partnership or
corporation having sufficient proprietary interest in the land sought to be subdivided to
commence and maintain proceedings to subdivide the same under this chapter.
l. Streets shall mean for the purpose of this chapter, as follows:
1. Controlled access highways are those used by heavy through traffic and which permit
no access from abutting property.
2. Arterial streets are those which are used primarily for fast or heavy volumes of through
traffic.
3. Major streets are those which are used primarily for heavy local and through traffic.
4. Collector streets are those which carry traffic from minor streets to the major street,
including the principal entrance streets of a residential development and streets for
circulation within such a development.
5. Minor streets are those which are used primarily for access to the abutting properties.
6. Marginal service streets are those which are parallel or adjacent to controlled access
highways or major streets; and which provide access to abutting properties and
protection from through traffic.
7. Alleys are minor ways which are used primarily for vehicular service access to the back
or side of properties otherwise abutting on a street.
m. Drainage right-of-way shall mean the land required for the installation of storm water
sewers or drainage ditches, or required along a natural stream or watercourse for preserving
the channel and providing for the flow of water therein to safeguard the public against flood
damage in accordance with Chapter One of Title 58 of the Revised Statutes.
16-5 LAND SUBDIVISION
1611 Rev. Ord. Supp. 04/79
16-5 SUBDIVISION REVIEW AND APPROVAL.
Any applicant wishing to subdivide or resubdivide land within the borough shall apply for and
obtain the approval of the approving authority in accordance with the following procedure.
16-5.1 Minor Subdivision Procedure.
a. Filing procedure. The applicant for minor subdivision approval shall file with the borough
clerk at least three weeks prior to the next public meeting of the approving authority:
1. Six copies of the complete minor subdivision plat for distribution as follows: borough
clerk, one copy; approving authority, five copies.
2. Two copies of the completed application for minor subdivision.
3. Two copies of the completed technical checklist.
4. Two copies of a list for all permits required for construction on the subdivided lots.
5. The appropriate review fee as determined in subsection 16-3.7 for minor subdivision
approval.
6. Two copies of a receipted tax bill or a certification from the borough tax collector
showing that no taxes or assessments for local improvements are due or delinquent on
the property which is the subject of the application.
b. The secretary of the approving authority shall ascertain whether any applications for
development within the jurisdiction of the approving authority have been filed with the
borough clerk and shall have the responsibility of forwarding copies of the same together
with any supporting documentation to the approving authority and the borough engineer
for their consideration and action within the time limits prescribed by law.
c. The approving authority engineer shall review the plat prior to the next public meeting of
the approving authority and recommend approval as a minor subdivision with or without
conditions for approval, or recommend disapproval because it: does not meet the definition
of a minor subdivision; or is improperly prepared; or is detrimental to the health, welfare
and safety of the borough. Should the approving authority engineer determine that the
application should be classified as a major subdivision, the applicant should be advised to
follow major subdivision procedures of preliminary and final application.
d. The approving authority shall review the submission for its completeness and accept or
reject the submission as a complete application in accordance with the provisions of the
land use procedure ordinance. If complete, the approving authority shall approve or deny
such application in accordance with the provisions of this chapter and the land use
procedure ordinance within the time limits prescribed by law.
16-5 LAND SUBDIVISION
1612 Rev. Ord. Supp. 04/79
e. The approving authority or its subdivision committee may waive notice and public hearing
requirements for an application for development if it determines that the application for
development conforms to the definition of “minor subdivision” in section 16-4 of this
chapter.
16-5.2 Minor Subdivision Plat Details.
a. All minor subdivision plats submitted to the approving authority shall be drawn in
conformance with the Map Filing Law (N.J.S.A. 46:23-9.9 to 23-11) as amended or
supplemented and the following standards:
1. Clearly and legibly drawn.
2. Graphic scale not less than 1 inch = 100 feet.
3. Based on actual survey and certified by land surveyor licensed in New Jersey.
4. Sheet sizes of 30 inches x 42 inches; 24 inches x 36 inches; 18 inches x 24 inches; or
15 inches x 21 inches.
5. Existing and proposed lot lines with bearings and dimensions.
6. Existing lot lines to be eliminated.
7. Area of original tract to one square foot.
8. Area of each proposed lot to one square foot.
9. Existing structures and uses.
10. Shortest distance between any existing building and a proposed or existing lot line.
11. All streams, lakes and drainage rights-of-way within the limits of the tract being
subdivided and within 200 feet thereof including the location and dimensions of all
drainage structures; existing features to be removed or relocated; and flood hazard areas
and floodways, steep slopes, wetlands and swamps.
12. Existing and proposed rights-of-way and easements within and adjoining the tract with
dimensions, existing driveways, street names, and the purpose for any easement. Sight
triangles shall be shown. Copies of the text of any deed restrictions shall be included.
13. The name of the owner of the proposed tract and all adjoining property owners as
disclosed by the most recent tax records.
14. The tax map sheet, block and lot number for the tract and all adjacent lots; title; graphic
scale; north arrow; space for the subdivision application number; the date of the original
drawing and the date and substance of each revision.
16-5 LAND SUBDIVISION
1613 Rev. Ord. Supp. 04/79
15. Zoning district. If the property lies in more than one zoning district, the plat shall
indicate all the zoning district lines. All front, side, and rear yard setback lines shall be
shown conforming to the zoning ordinance.
16. The name, address, signature and phone number of the owner, applicant and person
preparing the plat, including the seal of person preparing the plat.
17. A key map with north arrow showing the entire development and its relation to
surrounding areas at a scale of not less than 1 inch = 2,000 feet.
16-5.3 Major Subdivisions.
a. A subdivision of land which is not a minor subdivision is a major subdivision and shall
comply with the provisions of subsections 16-5.5 and 16-5.7 of this chapter for preliminary
and final plat approval. An applicant may at his own choice elect to have an informal
discussion prior to submitting a preliminary plat application for major subdivision.
b. Informal discussion for major subdivision.
1. An informal submission is optional. Any person may appear at a regular meeting of
the approving authority for informal discussion with reference to an informally
prepared plat of sufficient accuracy to be used for purpose of discussing a proposed
major subdivision. The purpose of such a discussion will be to review overall
development concepts in order to assist the applicant in the preparation of subsequent
plans. No decisions will be made and no formal action taken on an informal discussion.
2. The data included on an informal plat should include sufficient basic data to enable the
approving authority and the applicant to comment upon design concepts of the
proposed subdivision such as building location, ingress and egress, parking, major
natural features that will have to be recognized or may influence certain design criteria,
and the applicant’s basic intent for water, sewerage, and storm drainage facilities.
Informal plats are not binding on the borough or upon the developer and do not
necessitate accurate engineered drawings.
c. Filing procedure for an informal discussion. The applicant shall file with the borough clerk
at least three weeks prior to the next public meeting of the approving authority for
distribution in accordance with subsection 16-5.1, a:
1. Six copies of an informal plat.
2. Two copies of the completed application for informal discussion.
3. The appropriate review fee as determined in subsection 16-3.7 for an informal
discussion.
16-5 LAND SUBDIVISION
1614 Rev. Ord. Supp. 04/79
16-5.4 Recommended Details for an Informal Plat For a Major Subdivision.
a. The informal plat shall be prepared to scale to enable the entire tract to be shown on one
sheet. The scale of the map should be not less than 100 feet to the inch except where
otherwise necessary due to the size of the tract and the map shall show or include the
following information:
1. The location of the property in relation to the entire tract and in relation to all properties
adjoining the tract. The name of the owner or owners of the land being subdivided and
if other than the owners, the name of the prospective developer. The names of all
adjoining property owners.
2. The location and dimension of all boundary lines of the property and the location of all
structures and wooded areas within the tract.
3. The tax map sheet, block and lot numbers.
4. All existing streets, roads and streams adjoining or within 500 feet of the tract.
5. Proposed connections with existing water supply or sanitary sewerage systems, or
alternative means of providing for water supply and sanitary waste disposal systems.
Proposed provisions for collecting and discharging surface water drainage.
6. The approximate location of all streets, lots and public use areas.
7. Sufficient elevations or contours as to determine the natural slope and drainage of the
land and the high and low points.
16-5.5 Preliminary Plat Approval; Major Subdivisions. All applications for major
subdivision approval shall follow the procedures for preliminary plat approval as set forth in this
section and for final plat approval as set forth in subsection 16-5.7.
a. Filing procedure for preliminary plat approval. The applicant shall file with the borough
clerk at least three weeks prior to the next public meeting of the approving authority for
distribution in accordance with subsection 16-5.1, a:
1. Six copies of the completed preliminary plat;
2. Two copies of the completed preliminary plat application;
3. Two copies of the completed preliminary plat technical checklist;
4. Two copies of a list of all permits required for development of the subdivided lots.
5. The appropriate review fee as determined in subsection 16-3.7 for preliminary
subdivision approval.
16-5 LAND SUBDIVISION
1615 Rev. Ord. Supp. 04/79
6. Two copies of an affidavit of ownership or letter from owner authorizing submission
of plat.
7. Two copies of the preliminary drainage plan.
8. Two copies of a receipted tax bill or a certification from the borough tax collector
showing that no taxes or assessments for local improvements are due or delinquent on
the property which is the subject of the application.
b. The approving authority engineer shall review the preliminary plat prior to the next public
meeting of the approving authority and recommend approval or disapproval of the
preliminary plat. If the approving authority engineer finds the application incomplete, he
shall notify the applicant, borough clerk and approving authority.
c. The approving authority shall review the application for its completeness and accept or
reject the submission as a complete application in accordance with the provisions of the
land use procedure ordinance.
d. If the application is accepted as complete, the approving authority shall grant or deny
preliminary subdivision approval in accordance with the provisions of this chapter, the land
use procedure ordinance and all other applicable laws and ordinances.
16-5.6 Preliminary Plat Details; Major Subdivision. The preliminary plat shall be clearly
and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary
plats shall be drawn by a licensed New Jersey professional engineer or land surveyor. Contour
maps and preliminary development plans including road profiles and utility plans shall be
submitted as part of the preliminary plat. Separate maps may be required by the approving
authority for topography, utilities and road details. A soil erosion and sedimentation control plan
shall be included. The plat shall be designed in compliance with the provisions of section 16-7 of
this chapter and shall show or be accompanied by the following information:
a. General. All maps and plats required to be submitted by this chapter shall conform to one
of the following size configurations: 15 inches x 21 inches; 18 inches x 24 inches; 24
inches x 36 inches.
b. Base map. A base map shall be prepared to show the general layout of the development
with appropriate information to allow the approving authority to make a decision. The
base map shall contain at least the following information:
1. Key map. A key map at a convenient scale showing the entire subdivision and its
relation to surrounding areas of the subdivision and the zoning classification of the
proposed subdivision and of adjacent lands within 1000 feet of the subject property.
2. Lots. Lot layout, lot dimensions and individual lot areas in square feet and acreage.
16-5 LAND SUBDIVISION
1616 Rev. Ord. Supp. 04/79
3. Other contents. The tract name, tax map sheet and date of revision, block and lot
numbers, date of plat preparation, reference meridian, graphic scale and the following
names and addresses:
(a) Record owner or owners of property to be subdivided; if other than an individual,
the corporate officers or partners or other statutory agent.
(b) Applicant.
(c) Person who prepared map, official seal and license numbers.
(d) Owners of property within 200 feet of entire tract.
4. Acreage. Acreage of tract to be subdivided to nearest hundredth of an acre.
5. Existing and proposed locations. The location of existing and proposed property lines,
streets, buildings, watercourses, railroads, bridges, culverts, drain pipes, and any
natural features such as wooded areas, large trees over ten inches in diameter and rock
formations. This data shall be determined by field or photo-grammetric survey.
6. Setback lines. All front, rear and sidelines shall be shown for all lots.
7. Deed restrictions. A copy of any protective covenants or deed restrictions applying to
the land being subdivided shall be submitted with the preliminary plat.
8. Open space. Any open spaces proposed to be dedicated for public use or playgrounds
or other public purposes and the location and use of all such property shall be shown
on the plat.
9. Off-tract improvements. When the development of the subdivision or improvements
within the subdivision is contingent upon improvements outside the boundaries of the
subdivision, information shall be supplied by the applicant prior to approving authority
consideration for preliminary approval that the improvements outside the subdivision
are installed or will be installed and will be available for use by the applicant.
c. Drainage plan.
1. Plans and computations for any storm drainage systems include the following:
(a) All existing or proposed storm sewer lines within or on lands or roads adjacent to
the development and all required off-site and off-tract drainage improvements
showing size, profile and slope of the lines, direction of flow, and the location of
each catch basin, inlet, manhole, culvert and headwall.
(b) The location and extent of any proposed dry wells, ground water recharge basins,
detention basins, flood control devices.
16-5 LAND SUBDIVISION
1617 Rev. Ord. Supp. 04/79
2. Existing and proposed streams, lakes, ponds and marsh areas shall be shown on the plat
accompanied by the following data:
(a) When running stream with a drainage area of one-half square mile or greater is
proposed for alteration, improvement, or relocation, or when a structure or fill is
proposed over, under, in or along such a running stream, evidence of approval,
required alterations, lack of jurisdiction, or denial of the improvement by the New
Jersey Division of Water Resources shall accompany the plat.
(b) Cross-sections and profiles of watercourses at an appropriate scale showing the
extent of the flood fringe area, top of bank, normal water level and bottom
elevations at the following locations:
(1) Profile and cross-section of all watercourses within or adjacent to the
development at any point where a watercourse crosses a boundary of the
development.
(2) Cross-sections at 50 foot intervals for a distance of 300 feet upstream and
downstream of any existing or proposed culvert or bridge within the
development.
(3) Cross-sections at a maximum of 100 foot intervals, but at not less than two
locations, along each watercourse which runs through or adjacent to the
development.
(4) When ditches, streams, brooks or water-courses are to be altered, improved
or relocated, the method of stabilization slopes and measures to control
erosion and siltation during construction as well as typical ditch sections
and profiles shall be shown.
(c) The total upstream acreage in the drainage basin of any watercourse running
through or adjacent to a development. For flowing streams, small scale watershed
maps developed from U.S.G.S. sheets shall be submitted.
(d) The total acreage in the drainage basin to the nearest downstream drainage
structure and the acreage in that portion of the development which drains to the
structure.
(e) The location and extent of all existing or proposed drainage and conservation
easements, flood hazard areas and floodway lines.
(f) The location and extent of all existing or proposed lakes or ponds on or within
300 feet of the development.
16-5 LAND SUBDIVISION
1618 Rev. Ord. Supp. 04/79
d. Grading plan.
1. Elevations, contours. Sufficient elevations and contours at five foot vertical intervals
for slopes averaging ten percent or greater and at two foot vertical intervals for land
of lesser slope to determine the general slope and natural drainage of the land and the
high and low points. All elevations shall be related to a bench mark noted on the plan
and be based on United States Geological Survey mean sea level datum.
2. Proposed grades. The grading plan shall show the existing contours and grades, and
the finished or proposed contours and grades. The grades shall slope away from any
proposed structure or dwelling.
e. Utility plan.
1. Preliminary plans and profiles at a scale of one inch equals 50 feet of all proposed and
existing sanitary sewers, storm drains, drainage ditches, and streams within the
subdivision, together with the locations, sizes, elevations, grades and capacities of any
existing sanitary sewer, storm drains, drainage ditch or streams or water-courses to
which the proposed facility shall be connected.
2. Plans for a typical individual or package sewage disposal system shall be shown where
the same is proposed. Said plans shall be approved by the appropriate local and/or
State health agency.
f. Street plans and profiles. Plans and profiles at a scale of not more than one inch equals 50
feet including cross-sections of all proposed streets and curbs within the subdivision and
proposed connection with existing or future continuing streets.
g. Soil erosion and sedimentation control plan. Every submission for a preliminary plat
approval shall contain a preliminary soil erosion and sedimentation control plan. This plan
shall be prepared in accordance with the New Jersey Standards for Soil Erosion and
Sedimentation Control and shall be submitted by the applicant to the Ocean County Soil
Conservation District for preliminary comments.
16-5.7 Final Plat Approval; Major Subdivision.
a. Filing procedure for final plat approval. The applicant shall file with the borough clerk at
least three weeks prior the next public meeting of the approving authority for distribution
in accordance with subsection 16-5.1,a. or as otherwise indicated:
1. Six copies of the completed final plat.
2. Two copies of the completed final plat application.
3. Two copies of the completed final plat technical checklist.
4. Two copies of a list of all permits required for development of the subdivided lots.
5. The appropriate review fee as determined in subsection 16-3.7 for final subdivision
approval.
16-5 LAND SUBDIVISION
1619 Rev. Ord. Supp. 04/79
6. Two copies of a receipted tax bill or a certificate from the borough tax collector
showing that no taxes or assessments for local improvements are due or delinquent on
the property which is the subject of the application.
7. Two copies of a certificate of title, and consent of owner.
8. Two copies of the street profiles.
9. Two copies of the drainage plan and calculations for both on-tract and off-tract
drainage.
10. Two copies of the grading plan.
11. Two copies of the soil erosion and sedimentation plan.
12. Two copies of the landscaping plan.
13. Two copies of the utility plan.
14. Two copies of the sanitary sewerage plan.
15. Two copies of a certificate by the borough engineer that the applicant has either
installed all improvements in accordance with the requirements of this chapter and the
preliminary plat approval and has posted the required maintenance guarantee, or has
posted all necessary performance guarantees in accordance with this chapter and the
preliminary plat approval for all partially completed improvements or improvements
not yet initiated. Items 1. through 15. shall have the same distribution as in subsection
16-5.6, f.
16. Two copies of all applicable performance and maintenance guarantees, including off-
tract improvements.
17. One original mylar.
18. Two copies of cloth prints.
19. Assessment for off-tract improvements, if any, determined in accordance with the
provisions of this chapter.
20. The applicable inspection fees as determined by the borough engineer in accordance
with subsection 16-3.8 of this chapter.
b. The approving authority engineer shall review the final plat prior to the next public
meeting of the approving authority and recommend approval or disapproval of the final
plat. If the approving authority engineer finds the application incomplete, he shall notify
the applicant, borough clerk and approving authority.
c. The approving authority shall review the application for its completeness and accept or
reject the submissions as a complete application in accordance with the provisions of the
land use procedure ordinance.
16-5 LAND SUBDIVISION
1620 Rev. Ord. Supp. 04/79
d. If the application is accepted as complete, the approving authority shall grant or deny
final approval in accordance with the provisions of this chapter; the land use procedure
ordinance and all other applicable laws and ordinances.
16-5.8 Final Plat Details; Major Subdivisions. The final plat shall be clearly and legibly
drawn or reproduced at a scale of not less than one inch equals 100 feet. Final plats shall be drawn
by a licensed New Jersey professional engineer or land surveyor and in accordance with the Map
Filing Law (N.J.S.A. 46:23-9.9 to 23-11) as amended or supplemented. Contour maps and
development plans including road profiles and utility plans shall be submitted as part of the final
plat submission. Separate maps will be required for topography, utilities and road details. The
final plat shall be designed in compliance with the provisions of section 16-7 and shall show or be
accompanied by the following information:
a. Base map. A base map drawn in final form with all the information and certifications
required by Map Filing Law and containing all the information required for preliminary
plat approval in subsection 16-5.6 in final form.
b. Drainage plan. A drainage plan showing all the details and information required for
preliminary plat approval but in final engineering design.
c. Grading plan. A grading plan showing the proposed final grading and contour lines of each
lot as well as the existing grades and contour lines.
d. Utility plan. The final utility plan showing the proposed location of all utilities including,
but not limited to, water, sewerage, storm drainage and electric.
e. Street plans and profiles. The final street plans and profiles showing the proposed final
grade of all streets with the underground utilities.
f. Soil erosion and sedimentation control plan. The final soil erosion and sedimentation
control plan shall be submitted with the final plat application. This final plan shall be
prepared in accordance with the New Jersey Standards for Soil Erosion and Sedimentation
Control and shall be previously approved by the Ocean County Soil Conservation District.
16-5.9 Procedure for Signature after Conditional Final Approval.
a. Where the approving authority has granted conditional approval, the applicant must
complete all conditions of the approval, secure all other necessary approvals, post the
necessary guarantees and submit to the borough clerk, those items set forth in subsection
16-5.7,a.
b. An approved final plat shall be signed by the chairman and secretary of the approving
authority or the vice-chairman or assistant secretary in their absence, respectively.
However, no such signatures shall be affixed until the developer has posted the required
guarantees.
c. Immediately upon the granting of final approval, the secretary of the approving authority
shall forward a copy of the approved final plat to the borough tax assessor, tax collector
and zoning officer.
16-6 LAND SUBDIVISION
1621 Rev. Ord. Supp. 04/79
16-6 IMPROVEMENTS.
Prior to the granting of final approval, the applicant shall have installed or shall have furnished
performance guarantees for the ultimate installation of such improvements as may be required by
the approving authority and governing body, including but not limited to the following:
a. Streets
b. Bridges
c. Sanitary sewers and appurtenances
d. Storm sewers and appurtenances
e. Water mains and appurtenances
f. Street lighting
g. Street signs and other signs
h. Fire hydrants
i. Monuments
j. Native vegetation maintained
k. Lagoons
l. Bulkheads
m. Electric and telephone utilities
n. Seeding
o. Topsoil
All of the above listed improvements shall be constructed in accordance with the design
standards of the borough as set forth in section 16-7 of this chapter and in a manner satisfactory to
the borough engineer.
The time within which all improvements shall be installed, completed, and approved shall be
no longer than two years from the date of the final resolution of approval by the Harvey Cedars
Planning Board. Any requests for an extension of said period of time shall be made to the
governing body of the Borough of Harvey Cedars, and any extension shall be in the sole discretion
of the members of said governing body.
16-7 LAND SUBDIVISION
1622 Rev. Ord. Supp. 08/89
16-7 DESIGN STANDARDS.
Any application for development shall conform to design standards that will encourage good
development patterns within the borough. The development shall conform to the proposals and
conditions of the master plan and official map of the borough. The streets, drainage rights-of-
ways, school sites, public parks and playgrounds shown on an officially adopted master plan or
official map shall be considered in approval of subdivision plats. Every application for
development shall comply with the following design standards:
16-7.1 Streets.
a. The arrangement of streets not shown on the master plan or official map shall be such as
to provide for the appropriate extension of existing streets.
b. Minor streets shall be designed as to discourage through traffic.
c. Subdivisions abutting arterial streets, shall provide a marginal service road or reverse
frontage with a buffer strip for planting, or some other means of separation of through and
local traffic as the approving authority may determine appropriate.
d. The right-of-way width shall be measured from lot line to lot line, and shall not be less than
50 feet.
e. The right-of-way for internal roads and alleys in multi-family, commercial and industrial
districts shall be on an individual basis, and shall in all cases be of sufficient width for
loading needs and maximum access for firefighting equipment.
f. No subdivision showing reserve strips controlling access to streets shall be approved except
where the control and disposal of land comprising such strips has been placed in the
governing body under conditions approved by the approving authority.
g. Subdivisions that adjoin or include existing streets that do not conform to widths as shown
on the master plan or official map or the street width requirements of this chapter shall
dedicate additional width along either one or both sides of said road. If the subdivision is
along one side only, one-half of the required extra width shall be dedicated.
h. Grades of arterial and collector streets shall not exceed five percent. Grades on other streets
shall not exceed seven percent. The minimum grade of each street shall be set by the
approving authority engineer.
i. Street intersections shall be as nearly at right angles as is possible and in no case shall be
less than 60 degrees. The block corner at intersections shall be rounded at the curb line
with a curve having a radius of not less than 20 feet.
j. Street jogs with center line offsets of less than 125 feet shall be prohibited.
16-7 LAND SUBDIVISION
1623 Rev. Ord. Supp. 04/79
k. A tangent at least 100 feet shall be introduced between reverse curves on arterial and
collector streets.
l. When connecting street lines deflect from each other at any one point by more than ten
degrees and not more than 45 degrees, they shall be connected by a curve with a radius of
not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
m. All changes in grade shall be connected by vertical curves of sufficient radius to provide a
smooth transition and proper sight distance.
n. Dead-end streets (cul-de-sacs) shall provide a turn around at the end with a radius of not
less than 50 feet and tangent whenever possible to the right side of the street. If a dead-
end street is of a temporary nature, a similar turn-around shall be provided and provisions
made for future extension of the street and reversion of the excess right-of-way to the
adjoining properties.
o. No street shall have a name which will duplicate or so nearly duplicate as to be confused
with the names of existing streets. The continuation of an existing street shall have the
same name.
p. Any street which gives access to a lot fronting on the waters of the Atlantic Ocean, shall
be provided with a pedestrian easement giving access to the waters aforesaid for owners of
all lots fronting on such road. The pedestrian easement shall have a minimum width of
five feet. Any road which gives access to a lot fronting on the waters of any bay lying
generally westerly of Long Beach Island shall have the road, in its full width, extend to the
waters of such bay giving public access thereto.
16-7.2 Blocks.
a. Block length and width or acreage within bounding roads shall be such as to accommodate
the size of lot required in the area by the zoning ordinance and to provide for convenient
access, circulation control and safety of street traffic.
b. In blocks over 800 feet long, pedestrian crosswalks may be required in locations deemed
necessary by the approving authority. Such walkway shall be ten feet wide and be straight
from street to street.
c. For commercial, group housing or industrial use, block size shall be sufficient to meet all
area and yard requirements for such use.
16-7.3 Lots.
a. Lot dimensions and area shall not be less than the requirements of the zoning ordinance.
b. Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to
curved streets.
c. Each lot must front upon an approved street at least 50 feet in width except lots fronting on
streets described in subsection 16-7.1,e, and except lots fronting on private roadways
16-7 LAND SUBDIVISION
1624 Rev. Ord. Supp. 12/2021
or easements; provided, however, that no such private roadway or easement shall be less
than 15 feet in width nor more than 100 feet in length.
d. Where extra width has been dedicated for widening of existing streets, lots shall begin at
such extra width line, and all setbacks shall be measured from such line.
e. Where there is a question as to the suitability of a lot or lots for their intended use due to
factors such as rock formation, flood conditions or similar circumstances, the approving
authority may, after adequate investigation, withhold approval of such lots.
f. No building permit shall be issued for new construction and for additions, alterations or
repairs to existing structures unless the land complies with the lot elevations as set forth in
Section 24-11.10 entitled “Lot Elevation”. (Ord. No. 2021-20 § 3)
16-7.4 Grading and Paving of Streets. All streets shall be constructed in accordance with
official grades established by the borough engineer and shall conform to the minimum
specifications as commonly utilized by the borough and the county unless specifications for thicker
or stronger streets shall be set by the borough engineer and be required by the approving authority
and governing body due to special soil or other conditions in the area concerned. No street shall
be approved unless all utilities available for each prospective lot have been installed to a point
inside the curb line.
16-7.5 Bridges. Bridges shall meet with the approval of the borough engineer.
16-7.6 Sewers and Water Mains. Sanitary sewers and appurtenances, storm sewers and
appurtenances and water mains and appurtenances shall meet with the approval of the borough
engineer and shall conform with comprehensive plans for these facilities in the borough.
16-7.7 Street Lighting. Street lighting shall be installed in accordance with the
“Recommended Practice of Street and Highway Lighting” of the Illumination Engineering Society
(latest edition) or as required by the borough engineer along the streets within and abutting the
subdivision.
16-7.8 Street Signs and Other Signs. Street signs, curve signs, school crossing signs, and
other signs needed to regulate traffic or for warning purposes shall be installed as specified by the
borough engineer and director of the public works department, of the same or equal quality, size
and style as those being erected by the borough at the time of the approval of the subdivision.
16-7.9 Fire Hydrants. Fire hydrants and control valves shall be installed not more than 600
feet apart at proper locations to be determined by the borough engineer and shall be painted in
such colors so as to conform with existing hydrants in the borough or as specified by the borough
engineer. Fire hydrants shall be of the same type and design as currently in use by the borough
fire department.
16-7.10 Monuments. Monuments to be the size and shape required by section 4 of Chapter
358 of the Laws of 1953, as amended and supplemented, and shall be placed in accordance with
said statute.
16-7 LAND SUBDIVISION
1625 Rev. Ord. Supp. 04/79
16-7.11 Native Vegetation. Whenever any native vegetation such as bayberry bushes or
trees, cedar trees, holly trees, beach plums, etc., exist at the time of application for a subdivision,
such native vegetation will be left intact insofar as is possible consistent with the intended
construction on or use of the tract following subdivision. This shall not be construed to prohibit
the normal maintenance of the grounds so as to render the tract or portion thereof in a pleasing
state of appearance to both owner and community.
16-7.12 Public Use and Service Areas.
a. In large-scale development, easements along rear property lines or elsewhere for utility
installation may be required. Such easements shall be at least 15 feet wide and located in
consultation with the companies or borough departments concerned.
b. Where a subdivision is traversed by a water course, drainage way, channel or street, there
shall be provided a storm water easement or drainage right-of-way conforming
substantially with the lines of such water course, and such further width or construction, or
both, as will be adequate for the purpose.
16-7.13 Lagoons.
a. All lagoons shall have a minimum width of 100 feet.
b. All lagoons shall be entirely bulkheaded.
c. The materials and types of bulkheadings in any one lagoon shall be uniform throughout.
16-7.14 Bulkheads. Bulkheads shall be constructed in accordance with the standards of
construction provided in applicable borough ordinances and State statutes and amendments
thereto.
16-7.15 Electric and Telephone Utilities. For all major subdivisions, the applicant shall
arrange with the serving utility for the underground installation of the utilities distribution supply
lines and service connection in accordance with the provisions of the applicable standard terms
and conditions incorporated as a part of its tariff as the same are then on file with the State of New
Jersey Board of Public Utility Commissioners, and shall submit to the planning board and borough
committee prior to the granting of final approval, a written instrument from each serving utility
which shall evidence full compliance with the provisions of this paragraph; provided that in such
subdivisions, lots which abut existing streets where overhead electric or telephone distribution
supply lines have heretofore been installed on any portion of the streets involved may be supplied
with electric and telephone service from such overhead lines or extensions thereof, but the service
connections from the utilities overhead lines shall be installed underground.
16-7.16 Seeding
a. In all major subdivisions all subdivided lots and any required open space shall be seeded
with a suitable stabilizing ground cover approved by the borough engineer. On any
waterfront lots or open spaces the approving authority may allow suitable stabilizing
ground cover other than seeding which is approved by the borough engineer.
16-7 LAND SUBDIVISION
1626 Rev. Ord. Supp. 04/79
b. The approving authority in appropriate cases may authorize a ground surface without
seeding or living ground cover.
16-7.17 Topsoil. No topsoil shall be removed from the site or used as spoil. Topsoil moved
during the course of construction shall be redistributed so as to provide at least four inches of
spread cover to all seeding and planting areas of the subdivision and shall be stabilized by seeding
or planting. In the event the quantity of topsoil at the site is insufficient to provide four inches of
cover for all seeding and planting areas, the developer shall provide and distribute a sufficient
quantity of topsoil to provide such a cover.
16-7.18 Fill Dirt.
a. No material, debris or substance other than clean fill dirt shall be deposited upon any lot
within the borough nor shall the grade of any lot be raised or the lot filled in except with
clean fill dirt as hereinafter defined.
b. For the purposes of this section, “clean fill dirt” shall be defined to mean earth, sand, clay,
loam, gravel, humus or dirt of any nature whatsoever free from rocks, boulders, concrete,
tree stumps, felled or uprooted trees or portions thereof, and all other incombustible debris.
1701 Rev. Ord. Supp. 08/89
CHAPTER XVII
UNIFORM FIRE SAFETY CODE
17-1 LOCAL ENFORCEMENT.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983 c. 383) the New Jersey
Uniform Fire Code shall be locally enforced in the municipality.
17-2 AGENCY DESIGNATION.
The local enforcing agency shall be the Ocean County Bureau of Fire Safety under the
supervision of the Ocean County Fire Marshal.
17-3 DUTIES.
The Ocean County Bureau of Fire Safety shall enforce the Uniform Fire Safety Act and the
codes and regulations adopted under it in all buildings, structures and premises within the
established boundaries of the municipality other than owner-occupied one and two family
dwellings, and shall comply with the requirements of the Uniform Fire Safety Act and the
Uniform Fire Code.
17-4 LIFE HAZARD USES.
The Ocean County Bureau of Fire Safety shall carry out the periodic inspections of life
hazard uses required by the Uniform Fire Code.
17-5 ORGANIZATION.
The Ocean County Bureau of Fire Safety shall be in the Office of the Ocean County Fire
Marshal and shall be under the direct supervision and control of the Ocean County Fire Marshal
who shall serve as the Fire Official. The Ocean County Bureau of Fire Safety shall consist of
said fire official and such other inspectors and employees as may be necessary to enforce said
code, being appointed by the Ocean County Board of Chosen Freeholders pursuant to the
procedures set forth herein.
17-6 APPOINTMENTS.
a. Fire Official. The Ocean County Bureau of Fire Safety shall be under the supervision of
the Ocean County Fire Marshal who shall be appointed by the Ocean County Board of
Chosen Freeholders.
b. Inspectors and Employees. Such inspectors and other employees as may be necessary for
the Ocean County Bureau of Fire Safety to properly carry out its responsibilities shall be
appointed by the Ocean County Board of Chosen Freeholders.
17-7 UNIFORM SAFETY FIRE CODE
1702 Rev. Ord. Supp. 08/89
17-7 BOARD OF APPEALS.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by a
ruling, action, notice or order of the Ocean County Bureau of Fire Safety shall have the right of
appeal to the Construction Board of Appeals of the County of Ocean.
17-8 PERMITS.
The permit fees shall be established pursuant to the Uniform Fire Code. They shall be as
follows, unless modified by resolution of the Ocean County Board of Chosen Freeholders and
ordinance of the municipality:
Type 1 $ 25.00
Type 2 $ 100.00
Type 3 $ 200.00
Type 4 $ 300.00
Type 5 $1,000.00
1801 Rev. Ord. Supp. 05/88
CHAPTER XVIII
RECYCLING
18-1 SHORT TITLE.
This chapter shall be known and may be cited as the Recycling Ordinance of the Borough of
Harvey Cedars.
18-2 RECYCLING
1802 Rev. Ord. Supp. 04/2010
18-2 DEFINITIONS.
The words, terms and phrases used in this chapter shall have the following meanings:
Aluminum cans shall mean all empty aluminum beverage and food containers.
Brush shall mean tree limbs, branches and bushes no longer than 4 feet. Tree limbs and
branches shall be no larger than 3” in diameter. (Ord. No. 2006-03 § 1)
Cardboard shall mean brown corrugated cardboard and brown paper grocery bags. (Ord. No.
2006-03 § 1)
Commercial establishments shall mean those properties used primarily for commercial
purposes and those multiple dwelling residential buildings containing more than four dwelling
units.
Commingle shall include all glass containers, aluminum cans, steel cans, plastic bottles, and
empty aerosol cans. (Ord. No. 2006-03 § 1)
Containerized shall mean the placement of yard waste in a trash can, bucket, bag or other
vessel, such as to prevent the yard waste from spilling of blowing out into the street and coming
into contact with stormwater. (Ord. No. 2006-03 § 1)
Designated recyclable materials shall mean those materials designated within the Ocean
County District Solid Waste Management Plan to be source separated for the purpose of
recycling. (Ord. No. 2009-12 § 1)
Dual Stream – Commingled – all plastic bottles, aluminum and steel cans. Paper-magazines,
catalogues, junk mail, used writing paper, newsprint, cardboard, office and school paper. No
chipboard or pizza boxes. (Ord. No. 2010-06 § 1)
Ferrous containers shall mean empty steel or tin food or beverage containers.
Glass containers shall mean bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate-glass, blue glass and porcelain and ceramic products.
Institutional establishments shall mean those facilities that house or serve groups of people,
including but not limited to, hospitals, schools, nursing homes, libraries and governmental
offices.
Junk Mail shall include junk mail, magazines, catalogs, and writing paper. (Ord. No. 2006-03
§ 1)
Municipal Recycling Coordinator means the person or persons appointed by the municipal
governing body and who shall be authorized to, among other things, enforce the provisions of
this Ordinance, and any rules and regulations which may be promulgated hereunder. (Ord. No.
2009-12 § 1)
18-2 RECYCLING
1803 Rev. Ord. Supp. 04/2010
Municipal solid waste (MSW) stream means all solid waste generated at residential,
commercial, and institutional establishments within the boundaries of the Borough of Harvey
Cedars. (Ord. No. 2009-12 § 1)
Newspapers shall mean paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinions, and containing advertisements and
other matters of public interest. Expressly excluded, however, are newspapers which have been
soiled. Newspapers shall be deemed soiled if they have been exposed to substances or
conditions rendering them unusable for recycling.
Paper shall mean paper recyclables and paper stream recycling and shall include newspapers,
junk mail and cardboard. Paper shall not include phonebooks. (Ord.No. 2008-04 § 1)
Person shall mean every owner, lessee and occupant of a residence, commercial or
institutional establishment within the boundaries of the Borough of Harvey Cedars.
Recyclable materials shall mean those materials which would otherwise become municipal
solid waste, and which may be collected, separated or processed, and returned to the economic
mainstream in the form of raw materials or products.
Residence shall mean any occupied single or multi-family dwelling having up to four
dwelling units per structure from which a municipal or private hauler collects solid waste.
Single Stream – The combination of commingled and paper listed above in one container.
Do not include plastic bags, food waste, paper towels, paper napkins, pizza boxes, egg cartons,
aluminum foil, plastic cups and utensils. No plastic other than bottles. No juice boxes or bags.
No garbage. (Ord. No. 2010-06 § 1)
Solid waste shall mean garbage, refuse and other discarded solid material normally collected
by a municipal or private hauler.
Source-separated Recyclable Materials means recyclable materials which are separated at
the point of generation by the generator thereof from solid waste for the purposes of recycling.
(Ord. No. 2009-12 § 1)
Source separation means the process by which recyclable materials are separated at the point
of generation by the generator thereof from solid waste for the purposes of recycling. (Ord. No.
2009-12 § 1)
Street shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way,
which is an existing State, county, or municipal roadway, and includes the land between the
street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters,
curbs, sidewalks, parking areas, and other areas within the street lines. (Ord. No. 2006-03 § 1)
Yard waste includes leaves, pine needles, pine cones and weeds. (Ord. No. 2006-03 § 1)
18-3 RECYCLING
1804 Rev. Ord. Supp. 10/2009
18-3 ESTABLISHMENT OF PROGRAM – MANDATORY RECYCLABLE
MATERIALS.
a. There is hereby established a program for the mandatory separation of the following
recyclable materials from the municipal solid waste stream by all persons within the
Borough of Harvey Cedars, hereinafter referred to as the “municipality”.
1. Aluminum cans
2. Ferrous containers
3. Glass containers
4. Newspapers
5. Junk mail
6. Automobile batteries
7. Motor oil
8. White goods
9. Tires
10. Cardboard
11. Brush and yard waste
(Ord. No. 2006-03 § 2)
b. In addition to items one through eleven above, all commercial, industrial and institutional
properties shall be required to recycle the following:
1. Stumps, tree trunks and brush
2. Concrete
3. Cement blocks
4. Bricks
5. Asphalt
6. Ferrous scrap
7. Nonferrous scrap
8. Automobile batteries
9. Motor oil
10. White goods
11. Tires
(Ord. No. 2009-12 § 3)
18-4 RECYCLING
1805 Rev. Ord. Supp. 10/2009
18-4 SEPARATION OF RECYCLABLES AND PLACEMENT FOR DISPOSAL.
a. Commingled Materials. Commingled materials shall be put in a suitable container,
separate from other solid waste, and placed at the curb or such other designated area for
collection at such times and dates as may be hereinafter established in the municipality’s
recycling regulations. The container for commingle shall be clearly labeled and placed at
the curb or such other designated area for each collection, regardless of whether any
recyclable materials are available for collection. (Ord. No. 2006-03 § 3)
b. Paper. Newspapers, cardboard and junk mail shall be placed in a suitable clearly labeled
container with a lid, separate from other solid waste, and placed at the curb or such other
designated area for collection at such times and dates as may be hereinafter established in
the municipality’s recycling regulations. No phonebooks shall be placed with paper
recyclables. Phonebooks shall be picked up separately. (Ord. No. 2008-04 § 2)
c. Brush and Yard Waste. All persons within the municipality shall separate brush and yard
waste from other solid waste generated at their premises, and unless stored or recycled
for composting or mulching on the premises, place the containerized yard waste and/or
the bundled brush at the curb or other designated area for collection at such times and
dates in the manner established by the municipality’s recycling schedule. (Ord. No. 2006-
03 § 4) (Ord. No. 2009-12 § 4)
The owner or occupant of any property, or any employee or contractor of such owner or
occupant engaged to provide lawn care or landscaping services, shall not sweep, rake,
blow or otherwise place yard waste, unless it is containerized, in the street. If yard waste
that is not containerized is placed in the street, the party responsible for placement of yard
waste must remove the yard waste from the street or said party shall be deemed in
violation of this ordinance. (Ord. No. 2006-03 § 4) (Ord. No. 2009-12 § 4)
d. It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or
contains visible signs of, designated recyclable materials. It is also unlawful for solid
waste collectors to remove for disposal those bags or containers of solid waste which
visibly display a warning notice sticker or some other device indicating that the load of
solid waste contains designated recyclable materials. (Ord. No. 2009-12 § 5)
e. It shall be the responsibility of the resident or occupant to properly segregate the
uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid
waste and recyclables to accumulate will be considered a violation of this ordinance.
(Ord. No. 2009-12 § 5)
18-5 RECYCLING
1806 Rev. Ord. Supp. 10/2009
18-5 COMMERCIAL ESTABLISHMENTS.
All commercial, institutional or industrial properties which provide outdoor litter receptacles
shall also provide receptacles for designated recyclable materials in the location of the litter
receptacle, and shall provide for separate recycling service for their contents.
Every business, institution, or industrial facility shall submit annually to the Municipal
Recycling Coordinator, proof of removal of designated recyclable materials from their premises
including the total weight and type of recycled material collected and recycled, and the vendor(s)
providing said service.
All food service establishments, as defined by the Retail Food Establishment Code of New
Jersey shall comply with all recycling and solid waste disposal requirements defined herein and
shall recycle grease and/or cooking oil generated in the processing of food or food products, and
maintain such records as may be prescribed for inspection by any code enforcement officer.
(Ord. No. 2009-12 § 6)
18-6 RECYCLING
1807 Rev. Ord. Supp. 10/2009
18-6 ALTERNATIVE COLLECTION OF RECYCLABLE MATERIALS.
Any person may donate or sell recyclable materials to individuals or organizations authorized
by the municipality in its recycling regulations. These materials may either be delivered to the
individual’s or organization’s site, or they may be placed at the curb for collection by said
individual or organization on days not designated as recyclable material collection days in the
municipality’s recycling regulations. Said individuals or organizations may not collect
recyclable materials on or within 24 hours immediately preceding a regularly scheduled curbside
collection day and shall, prior to June 1
st
of each year, provide written documentation to the
municipality of the total amount of material recycled during the preceding calendar year.
18-7 COLLECTION BY UNAUTHORIZED PERSONS.
It shall be a violation of this chapter for any unauthorized person or organization to collect,
pick up or cause to be collected or picked up within the boundaries of the municipality any of the
recyclable materials designated in section 18-3 of this chapter. Each such collection in violation
of this chapter shall constitute a separate and distinct offense punishable as hereinafter provided.
18-8 ENFORCEMENT AND ADMINISTRATION.
The municipality and/or Municipal Recycling Coordinator and/or Superintendent of Public
Works is hereby authorized and directed to establish and promulgate reasonable regulations
detailing the manner, days and times for the collection of the recyclable materials designated in
section 18-3 of this chapter and such other matters as are required to implement this chapter.
The Code Enforcement Official, Municipal Recycling Coordinator, Department of Health
and/or Superintendent of Public Works is hereby authorized and directed to enforce the
provisions of this chapter and any implementing regulations adopted hereunder. An inspection
may consist of sorting through containers and opening of solid waste bags to detect, by sound or
sight, the presence of any recyclable material.
(Ord. No. 2009-12 § 7)
18-9 RECYCLING
1808 Rev. Ord. Supp. 10/2009
18-9 VIOLATIONS AND PENALTIES.
Any person, corporation, occupant, or entity that violates or fails to comply with any
provision of this Ordinance or any of the rules and regulations promulgated hereunder shall,
upon conviction thereof, be punishable by a fine not less than two hundred fifty ($250.00)
dollars, nor more than one thousand ($1,000.00) dollars. Each day for which a violation of this
Ordinance occurs shall be considered a separate offence.
Fines levied and collected pursuant to the provisions of this chapter shall be deposited into a
dedicated fund to be established by the Certified Financial Officer of the Borough of Harvey
Cedars and shall be used to provide compensation for municipal recycling expenses.
(Ord. No. 2009-12 § 8)
18-10 EXEMPTIONS.
The Municipal Recycling Coordinator of the Borough of Harvey Cedars may exempt persons
occupying commercial and institutional establishments from the source separation requirements
of section 18-4 of this chapter, if those persons have otherwise provided for the recycling of
recyclable materials designated in section 18-3 of this chapter. To be eligible for an exemption
under this section, the person seeking the same shall, prior to June 1 of each year, provide written
documentation to the Borough of Harvey Cedars of the total amount of materials recycled during
the preceding calendar year. (Ord. No. 2009-12 § 9)
1901 Rev. Ord. Supp. 08/89
CHAPTER XIX
STREETS AND SIDEWALKS
19-1 EXCAVATION IN PUBLIC STREETS.
19-1.1 Definition. As used in this section “street” shall mean any road, highway, public
way, public alley, easement or other right of way accepted or maintained by the borough as a
public street, as well as any state or county road or highway over which the borough has acquired
jurisdiction by agreement.
19-1.2 Permit Required.
a. No person shall make an excavation in or tunnel under any street without first obtaining a
permit from the borough engineer.
b. A tunnel or excavation may be commenced without a permit where an emergency has
arisen which makes it necessary to start work immediately; provided that the application
for a permit is made simultaneously with the commencement of the work or as soon
thereafter as is practical. When issued, the permit shall be retroactive to the date on
which the work has begun.
19-1.3 Denial of Permit; Appeal. The borough engineer is authorized to refuse the issuance
of any permit, if he ascertains that such refusal is in the interest of public safety, public
convenience or public health.
If a permit is refused, an appeal may be taken to the board of commissioners. The board of
commissioners, after hearing the applicant and such other evidence as may be produced, may
either direct the issuance of the permit or sustain the refusal.
19-1.4 Application for Permit. An application for a permit shall contain the following
information:
a. Name and address of the applicant.
b. Name of the street where the opening is to be made and the street number, if any, of the
abutting property.
c. The borough tax map block and lot number of the property for the benefit of which the
opening is to be made.
d. Nature of the surface in which the opening is to be made.
e. Character and purpose of the work proposed.
f. Time when the work is to be commenced and completed.
19-1 STREETS AND SIDEWALKS
1902 Rev. Ord. Supp. 08/89
g. Each application shall be accompanied by a set of plans in quadruplicate showing the
exact location and dimensions of all openings.
h. The name and address of the workman or contractor who is to perform the work, along
with a 24 hour emergency phone number.
i. A statement that the applicant agrees to replace, at his own cost and expense, the street,
curb, gutter, sidewalk, landscaping, etc., in the same state and condition satisfactory to
the borough engineer within 48 hours of the commencement of same.
19-1.5 Contents of Permit; Filing. Each permit shall state the identity and address of the
applicant, the name of the street and the location where the excavation or tunnel is to be made,
the dimensions of the opening and the period during which the permit shall be valid. The
original of each permit shall remain on file with the clerk.
19-1.6 Deposit. The application fee shall be one hundred fifty ($150.00) dollars.
The applicant shall also be required to deposit, in cash or by certified check, a sum
determined by the borough engineer to be necessary to defray the expense of restoring the street
to its pre-existing condition should the permittee fail to do so. In addition, the applicant will be
responsible for payment of inspection fees billed by the borough engineer.
19-1.7 Insurance. No permit shall be issued until the applicant has furnished the borough
with satisfactory proof that he is insured against injury to persons and damage to property caused
by any act or omission of the applicant, his agents, employees or subcontractors done in the
course of the work to be performed under the permit. The insurance shall cover all hazards
likely to arise in connection with the work including, but not limited to, collapse and explosion,
and shall also insure against liability arising from the completed operations. The limits of the
policy of insurance shall be one hundred thousand ($100,000.00) dollars for injury to any one
person, three hundred thousand ($300,000.00) dollars for property damage for a single incident.
The borough may waive the requirements of this subsection in the case of public utilities upon
the presentation of satisfactory proof that it is capable of meeting claims against it up to the
amount of the limits of the insurance policy which would otherwise be required.
19-1.8 Rules and Regulations; Backfilling. All permits issued under this section shall be
subject to the following rules and regulations:
a. All excavations shall be kept properly barricaded at all times and during the hours of
darkness shall be provided with proper warning lights. This regulation shall not excuse
the permittee from taking any other precaution reasonably necessary for the protection of
persons or property.
b. All work shall be done in such a manner as to cause a minimum of interference with
travel on the street affected. No street shall be closed to traffic unless the closing is
approved by the board of commissioners. The board of commissioners shall be informed
of all street closings at least 24 hours in advance, except where the work is of an
emergency nature when notice shall be given when work commences. Traffic control
devices and their placement shall be in accordance with the Manual on Uniform Traffic
Control Devices for Streets and Highways, subject to the borough engineer’s review.
19-1 STREETS AND SIDEWALKS
1903 Rev. Ord. Supp. 08/89
c. All refuse and material shall be removed within 48 hours.
d. All excavations shall be completely backfilled by the permittee, and shall be compacted
by tamping or other suitable means in a manner prescribed by the borough engineer.
Where the engineer determines that the excavated material is unsuitable for backfill, the
permittee shall backfill the excavation with sand, soft coal, cinders or other suitable
material which shall be placed in layers not exceeding six inches in depth and thoroughly
compacted with a mechanical vibrator or in the manner prescribed by the engineer. The
permittee shall replace all shoulder stone to a depth of six inches and thoroughly compact
it with a mechanical compaction device. Upon completion of the work, the permittee
shall remove any excess material and leave the premises in a clean condition. If it is
determined that any backfilled excavation has settled or caved in, the engineer shall so
notify the permittee, who shall promptly continue backfilling until settlement is complete.
e. If tunneling operations are required, the tunnel shall be backfilled with rammed concrete
with a minimum 4,000 psi.
f. If blasting is required to be done in the course of any excavation, it shall be done in strict
compliance with all applicable state laws and regulations.
g. If the work is not completed within the time prescribed in the permit, or any extension
granted by the borough, or is not performed in accordance with the regulations set forth
in this subsection and any other regulations, the borough may complete the work itself
and restore the surface of the street. The cost of completing the work and restoring the
street shall be charged to the permittee and may be deducted from his deposit or
recovered by an action in any court or competent jurisdiction.
19-1.9 Rules and Regulations for Restoration of Surface. In all cases the permittee shall
restore the surface of the street in accordance with the following rules, regulations and
requirements:
a. No permittee shall commence the restoration of any street foundation or surface until the
borough engineer has determined that settlement of the subsurface is complete and the
area properly prepared for restoration. Temporary cold patch will be required for a
minimum of three months prior to final road restoration to insure proper settlement, or as
directed by the borough engineer.
b. The street surface shall be restored so as to extend a minimum of one foot beyond the
excavation on all sides.
c. The street surface shall be restored pursuant to the section designated by the borough
engineer in the permit, but in no case shall be less than the structural equivalent of the
following:
1. Six inch course of quarry process sub-base (Type I-5 Soil Aggregate) thoroughly
compacted.
2. Two inches of bituminous concrete stabilized base course.
19-1 STREETS AND SIDEWALKS
1904 Rev. Ord. Supp. 08/89
3. One and one-half inches of bituminous concrete Type FABC-1, top course.
19-1.10 Mountable Concrete Curbs.
Brick pavers and/or paver stone driveways shall be required to install a Mountable
Concrete Curb as detailed in Schedule A the end of this Section in order to maintain the
roadway edge and maintain drainage flow along the street frontage. (Ord. No. 2017-02 § 2)
19-1.11 Permit Conditions and Regulations.
(Ord. No. 2017-02 § 1)
a. Transferability. A permit shall apply only to the person to whom it is issued and shall not
be transferable.
b. Commencement/Completion of Work. Work under a permit shall commence within 45
days from the date of issuance of the permit. If work is not commenced within that time,
the permit shall automatically terminate unless extended in writing by the borough. The
work must be completed within six months of the date of the permit.
c. Possession of Permit. A copy of the permit, together with a copy of the plan endorsed
with the approval of the borough engineer shall be kept in possession of the person
actually performing the work and shall be exhibited on demand to any duly authorized
employee of the borough or police officer.
d. Revocation of Permit. The board of commissioners may revoke a permit for any of the
following reasons:
1. Violation of any provision of this section or any other applicable rules, regulations,
laws or ordinances.
2. Violation of any condition of the permit issued.
3. Carrying on work under the permit in a manner which endangers life or property, or
which creates any condition which is unhealthy, unsanitary or declared by any
provision of this revision to constitute a nuisance.
The procedure for revoking a permit shall be the same as that set forth in this revision
for the revocation of licenses, except that the initial hearing shall be before the board
of commissioners in charge of the road department with a right of appeal to the board
of commissioners, and the chairman may provide in his decision that the revocation
shall not become effective, if the permittee corrects the violation within a specified
period of time.
e. Modification of Permit Conditions. In a special case, then board of commissioners may,
by resolution, impose special conditions to which the issuance of the permit may be
subject, or may decide that any provision of this section shall not apply or shall be
altered.
19-1 STREETS AND SIDEWALKS
1905 Rev. Ord. Supp. 02/2017
SCHEDULE “A”
MOUNTABLE CONCRETE CURB
NOT TO SCALE
NOTES:
1. CONCRETE TO BE MINIMUM 3,000 P.S.I.
2. TRANSVERSE JOINTS ½” WIDE SHALL BE INSTALLED IN THE CURB
20’ APART AND SHALL BE FILLED WITH PRE-FORMED, BITMINOUS-
IMPREGNATED FIBER JOINT FILLER, COMPLYING WITH THE
REQUIREMENTS OF AASHTO M-213, RECESSED ¼” FROM THE FRONT
FACE AND TOP OF THE CURB.
3. DUMMY JOINTS (FORMED) SHALL BE INSTALLED MIDWAY
BETWEEN EXPANSION JOINTS.
19-2 STREETS AND SIDEWALKS
1906 Rev. Ord. Supp. 05/2018
19-2 COMMERCIAL USE OF PUBLIC STREET ENDS.
19-2.1 Definition. As used in this section “street end” shall mean the end of any road,
highway, public way, public alley, easement or other right of way that is directly adjacent to bay
waters.
19-2.2 Permitted Use. From October 15
th
through May 14
th
commercial businesses shall be
permitted to use any public street end for loading and unloading materials under the following
conditions:
1. Loading and unloading shall be between 9:00AM to 5:00PM
2. No loading or unloading on weekends and holidays
3. Idling of vehicles and equipment are prohibited
4. Mooring to public property is prohibited
5. No overnight dockage
19-2.3 Prohibited Use. From May 15
th
through October 14
th
commercial businesses are
prohibited from using any public street end for loading and unloading purposes.
19-2.4 Exceptions. In emergency situations, the Chief of Police or his designee may grant
approval to use a street end during prohibited times. In the case of any other non-emergency, the
matter shall be referred to the Governing Body who may allow temporary use for any civic
purpose with concurrence of the police department concerning any possible safety issues.
Allowed road openings shall be exempt from this provision.
19-2.5 Violations. Any person, corporation or business entity that violates or fails to
comply with this section or any of the rules and regulations promulgated hereunder shall, upon
conviction thereof, be punishable by a minimum fine of five hundred dollars ($500.00) for the
first offense. Each day for which a violation of this section occurs after the first offense shall be
considered a separate offense. Any subsequent offense conviction shall be punishable by a
minimum fine of one thousand dollars ($1,000.00).
(Ord. No. 2018-06 § 1)
2001 Rev. Ord. Supp. 04/2010
CHAPTER XX
FERTILIZER APPLICATION REQUIREMENTS
20-1. FINDINGS.
A. The Board of Commissioners of the Borough of Harvey Cedars, desiring to promote and
regulate matters which benefit the health, safety and welfare of the citizens of the
community, are aware of numerous scientific reports which have demonstrated that the
improper and excessive application of fertilizers and fertilizer products may have an
adverse impact on surface waters and ground waters. The United States Environmental
Protection Agency, the State of New Jersey Department of Environmental Protection and
numerous environmental organizations have recognized that one of the major factors
which are detrimentally impacting the bays, lagoons, estuaries, marshes, wetlands, fish
nurseries and ground water on and surrounding Long Beach Island is non-point source
pollution. The same groups have determined that the sources of non-point pollution
include among other things the runoff of chemicals and related substances originating
from the improper application of fertilizers.
B. The Board of Commissioners of the Borough of Harvey Cedars is aware that the
geological compositions of the soils in Harvey Cedars consist primarily of sand and
sandy soil which have little ability to remove nitrates, phosphates, nutrients and other
common ingredients found in chemical fertilizers. The Board of Commissioners is also
aware that common fertilizers which are readily available in retail stores are regularly
applied on residential and commercial properties throughout Harvey Cedars by property
owners and landscapers. The Board of Commissioners is further aware that there are no
Federal, State, County nor local laws regulating or restricting the application of such
products.
C. It is accepted by the scientific community that excess phosphorous, a common element in
many chemical fertilizers, into the waterways surrounding Harvey Cedars may cause
accelerated growth of algae and other aquatic vegetation which may interfere with the
naturally occurring aquatic life in such waterways, recreational use thereof, fisheries and
aquaculture. The accelerated algae growth and aquatic vegetation has been shown to
have a detrimental effect on the waterways through, inter alia, oxygen depletion and
temperature increase and that these detrimental impacts threaten individual animal
species and may cause a reduction in the diversity of life living in the waters.
D. A continuation or exacerbation of the above noted adverse impacts which may be traced
to improper fertilizer application have significant potential to cause detrimental impact on
the economy of Harvey Cedars and further cause potential risks to the health, safety and
welfare of the citizens of Harvey Cedars. As a result of the foregoing the Board of
Commissioners of the Borough of Harvey Cedars believes that it is desirable that the
Borough enact an Ordinance which will restrict the improper application of fertilizer
products and also advise the public and landscaping operators who perform services in
the Borough of the proper timing and methods for fertilizer application.
20-2 FERTILIZER APPLICATION REQUIREMENTS
2002 Rev. Ord. Supp. 04/2010
20-2. DEFINITIONS.
Applicator – any person who applies fertilizer products to soils or turf.
Fertilizer – a material containing one or more recognized plant nutrients, which is used for its
plant nutrient content, and that is designed for use or claimed to have value in promoting plant
growth, and which is offered for sale, or intended for sale.
Impervious Surface/Impervious Lot Coverage – surface covering the natural earth which
covering inhibits water percolation into the natural earth, thereby causing surface water to drain
off the site of the surface covering rather than be absorbed into the soil constituting the lot upon
which the surface covering is placed.
Landscape Professional – a person or business that, in exchange for pay, goods, services or
other considerations, applies fertilizer to soils or turf.
Phosphorous Fertilizer – any fertilizer that contains phosphorous expressed as p2 o5, with a
guaranteed analysis of greater than zero; except that it shall not be considered to include
manipulated animal, vegetable manures, bio-solid fertilizers, agricultural liming materials or
wood ashes that have not been modified to increase their nutrient content. The phosphorous
percentage in a fertilizer product is included on the packaging, which contains three numbers
(e.g. “26-0-3”), with the phosphorous percentage as the middle number. A zero in the middle
means no phosphorous, while a “2” or a “3” means low phosphorous.
Soil Test – a technical analysis of soil conducted by an accredited soil testing laboratory.
Waterbody – the Atlantic Ocean and Barnegat Bay as well as the various lagoons, coves,
canals, creeks and estuaries entering any of the foregoing.
20-3 FERTILIZER APPLICATION REQUIREMENTS
2003 Rev. Ord. Supp. 04/2010
20-3. PROHIBITED CONDUCT.
The following conduct shall be prohibited within the Borough of Harvey Cedars:
1. The application of fertilizer to an impervious surface. Fertilizer inadvertently applied to
an impervious surface must be immediately swept into the target surface or returned to its
original container or another appropriate container for reuse or disposal. Failure to
provide and undertake immediate cleanup as is herein required shall be prohibited
conduct.
2. The application of fertilizer between December 15th and February 15th or if the ground is
frozen.
3. The deposit of grass clippings, leaves or other vegetative debris into waterbodies,
retention or detention areas, drainage ditches or stormwater drains, or onto impervious
surfaces except during scheduled cleanup programs.
4. The application of fertilizer in excess of the manufacturer’s recommended rate.
5. The application of any phosphorous fertilizer except as demonstrated by a need for
specific soils in accordance with a soil test and the associated annual fertilizer
recommendation issued by the Rutgers Cooperative Research and Extension.
6. Application of fertilizer within 24 hours of any rainfall consisting of one half inch of rain
or more within a single 24 hour period.
20-4 FERTILIZER APPLICATION REQUIREMENTS
2004 Rev. Ord. Supp. 04/2010
20-4. PERMITTED APPLICATIONS.
The following uses and applications of phosphorous fertilizers shall be and are hereby
permitted:
1. Where vegetation is being established upon initial planting, such as where the virgin soil
has been disturbed, provided that the application is made in accordance with the
requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq. and any regulations lawfully adopted pursuant thereto.
2. The re-establishment or repair of turf after substantial damage has occurred thereto.
3. Applying phosphorous fertilizer that delivers liquid or granular fertilizer under the
surface of the soil directly to the feeder roots of the vegetation being fertilized.
4. Application of phosphorous fertilizer to residential container plantings, flowerbeds and
vegetable gardens.
5. Application of phosphorous fertilizers on the sand dunes along the oceanfront in the area
between the building line and the easterly toe of the dune shall be permitted since
experience has proven that high phosphorous fertilizer is necessary to encourage
luxuriant growth of natural dune grass and such growth has been proven to be effective in
stabilization of Long Beach Island’s protective dunes.
20-5 FERTILIZER APPLICATION REQUIREMENTS
2005 Rev. Ord. Supp. 04/2010
20-5. LANDSCAPE PROFESSIONAL REQUIREMENTS.
1. All Landscape Professionals who apply fertilizer to property in the Borough shall be required
to complete an educational course on the proper application of fertilizer by January 1, 2011.
2. A Landscape Professional with more than one employee may designate a person to serve as
the business’s “Certified Fertilizer Applicator”, which person shall complete the Fertilizer
Education Course. Any employee of a Landscape Professional who applies fertilizer must
work under the direct supervision of a Certified Fertilizer Applicator, who shall be
responsible for the compliance of the Landscape Professional and its employees with the
provisions of this Ordinance.
3. Upon completion, each Landscape Professional that attends and completes the Fertilizer
Education Course shall be provided with a certificate of completion and a sticker to be placed
upon vehicles used by the Landscape Professional to document the successful completion of
the course.
20-6 FERTILIZER APPLICATION REQUIREMENTS
2006 Rev. Ord. Supp. 04/2010
20-6. GUIDELINES.
The following guidelines are recommended for use by applicators:
1. Drop spreaders, rather than broadcast spreaders when applying fertilizers.
2. Use of only nitrogen-based fertilizers in slow release formula.
3. Application of fertilizers not more than four (4) times annually on the same parcel of
land.
20-7. ENFORCEMENT.
Enforcement of the within Ordinance shall be the responsibility of the Harvey Cedars Code
Enforcement Officer.
20-8. VIOLATION AND PENALTIES.
Any person(s) in violation of this ordinance shall be subject to the general penalty provisions
of Chapter 3 of the Code of the Borough of Harvey Cedars and a fine not to exceed one thousand
($1,000.00) dollars.
2101 Rev. Ord. Supp. 09/2012
CHAPTER XXI
PROPERTY MAINTENANCE CODE
21-1 TITLE. This chapter shall be known as the Property Maintenance Code of the Borough
of Harvey Cedars, hereinafter referred to as “this code”.
21-2 SCOPE. The provisions of this code shall apply to all existing residential and
nonresidential structures and all existing premises and constitute minimum requirements and
standards for premises, structures, equipment and facilities for light, ventilation, space, heating,
sanitation, protection from fire and other hazards, and for safe and sanitary maintenance; the
responsibility of owners, operators and occupants; the occupancy of existing structures and
premises, and for administration, enforcement and penalties.
21-3 INTENT. This code shall be construed to secure its expressed intent, which is to ensure
public health, safety and welfare insofar as they are affected by the continued occupancy and
maintenance of structures and premises. Existing structures and premises that do not comply with
these provisions shall be altered or repaired to provide a minimum level of health and safety as
required herein.
21-4 DEFINITIONS. Unless otherwise expressly stated, the following terms shall, for the
purposes of this code, have the meanings shown in this chapter. Where terms are not defined
through the methods authorized by this section, such terms shall have ordinarily accepted
meanings such as the context implies.
Anchored. Secured in a manner that provides positive connection.
Approved. Approved by the code official.
Code Official. The official who is charged with the administration and enforcement of this
code, or any duly authorized representative.
Condemn. To adjudge unfit for occupancy.
Deterioration. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
Dwelling Unit. A single unit providing complete, independent living facilities for one of more
persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Exterior Property. The open space on the premises and on adjoining property under the control
of owners or operators of such premises.
Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking
and consumption of food.
Neglect. The lack of proper maintenance for a building or structure.
21-4 PROPERTY MAINTENANCE
2102 Rev. Ord. Supp. 09/2012
Occupancy. The purpose for which a building or portion thereof is utilized or occupied.
Occupant. Any individual living or sleeping in a building, or having possession of a space
within a building.
Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in
the property; or recorded in the official records of the state, county or municipality as holding title
to the property; or otherwise having control of the property, including the guardian of the estate of
any such person, and the executor or administrator of the estate of such person if ordered to take
possession of real property by a court.
Person. An individual, corporation, partnership or any other group acting as a unit.
Pest Elimination. The control and elimination of insects, rodents or other pests by eliminating
their harborage places; by removing or making inaccessible materials that serve as their food or
water; by other approved pest elimination methods.
Premises. A lot, plot or parcel of land, easement or public way, including any structures
thereon.
Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall
include the residue from the burning of wood, coal, coke and other combustible materials,, paper,
rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans,
metals, mineral matter, glass, crockery and dust and other similar materials.
Structure. That which is built or constructed or a portion thereof.
Yard. An open space on the same lot with a structure.
21-5 PROPERTY MAINTENANCE
2103 Rev. Ord. Supp. 09/2012
21-5 VIOLATIONS.
21-5.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict
with or in violations of any of the provisions of this code.
21-5.2 Notice of violation. The code official shall serve a notice of violation or order in
accordance with Section 21-6.
21-5.3 Prosecution of violation. Any person failing to comply with a notice of violation or
order served in accordance with Section 21-6 shall be deemed guilty of a misdemeanor
or civil infraction as determined by the local municipality, and the violation shall be
deemed a strict liability offense. If the notice of violation is not complied with, the
code official shall institute the appropriate proceeding at law or in equity to restrain,
correct or abate such violation, or to require the removal or termination of the unlawful
occupancy of the structure in violation of the provisions of this code or of the order or
direction made pursuant thereto. Any action taken by the authority having jurisdiction
on such premises shall be charged against the real estate upon which the structure is
located and shall be a lien upon such real estate.
21-5.4 Violation penalties. Any person who shall violate a provision of this code, or fail to
comply therewith, or with any of the requirements thereof, shall be prosecuted within
the limits provided by state or local laws. Each day that a violation continues after due
notice has been served shall be deemed a separate offense.
21-5.5 Abatement of violation. The imposition of the penalties herein prescribed shall not
preclude the legal officer of the jurisdiction from instituting appropriate action to
restrain, correct or abate a violation, or to prevent illegal occupancy of a building,
structure or premises, or to stop an illegal act, conduct, business or utilization of the
building, structure or premises.
21-6 PROPERTY MAINTENANCE
2104 Rev. Ord. Supp. 09/2012
21-6 NOTICES AND ORDERS.
21-6.1 Notice to person responsible. Whenever the code official determines that there has
been a violation of this code or has grounds to believe that a violation has occurred,
notice shall be given in the manner prescribed in Sections 21-6.2 and 21-6.3 to the
person responsible for the violation as specified in the is code.
21-6.2 Form. Such notice prescribed in Section 21-6.1 shall be in accordance with all of the
following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing a reasonable time to make the repairs and
improvements required to bring the dwelling unit or structure into compliance with
the provisions of this code.
5. Inform the property owner of the right to appeal.
6. Include a statement of the right to file a lien in accordance with Section 21-5.3.
21-6.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof
is:
1. Delivered personally;
2. Sent by certified or first-class mail addressed to the last known address; or
3. If the notice is returned showing that the letter was not delivered, a copy thereof
shall be posted in a conspicuous place in or about the structure affected by such
notice.
21-6.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the ode official
shall not be mutilated, destroyed or tampered with, or removed without authorization
from the code official.
21-6.5 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in
Section 21-5.4.
21-6.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or
structure who has received a compliance order or upon whom a notice of violation has
been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit
or structure to another until the provisions of the compliance order or notice of violation
have been complied with; or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice of violation issued
by the code official and shall furnish to the code official a signed and notarized
statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt
of such compliance order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by such compliance
order or notice of violation.
21-7 PROPERTY MAINTENANCE
2105 Rev. Ord. Supp. 05/2020
21-7 EXTERIOR PROPERTY AREAS.
21-7.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and
sanitary condition. The occupant shall keep that part of the exterior property which
such occupant occupies or controls in a clean and sanitary condition.
21-7.2 Grading and drainage. All premises shall be graded and maintained to prevent the
erosion of soil and to prevent the accumulation of stagnant water thereon, or within any
structure located thereon.
21-7.3 Weeds. All premises and exterior property shall be maintained free from weeds or
plant growth in excess of 16 inches. All noxious weeds shall be prohibited. Weeds
shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs
provided, however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds
after service of a notice of violation, they shall be subject to prosecution in accordance
with Section 21-5.3 and as prescribed by the authority having jurisdiction. Upon failure
to comply with the notice of violation, any duly authorized employee of the jurisdiction
or contractor hired by the jurisdiction shall be authorized to enter upon the property in
violation and cut and destroy the weeds growing thereon, and the costs of such removal
shall be paid by the owner or agent responsible for the property.
21-7.4 Rodent harborage. All structures and exterior property shall be kept free from rodent
harborage and infestation. Where rodents are found, they shall be promptly
exterminated by approved processes which will not be injurious to human health. After
extermination, proper precautions shall be taken to eliminate rodent harborage and
prevent reinfestation.
21-7.5 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases,
steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes
directly upon abutting or adjacent public or private property or that of another tenant.
21-7.6 Accessory structures. All accessory structures, including detached garages, fences
and walls, shall be maintained structurally sound and in good repair.
21-7.7 Motor vehicles. Except as provided for in other regulations, no inoperative or
unlicensed motor vehicle shall be parked, kept or stored on any premises, and no
vehicle shall at any time be in a state of major disassemble, disrepair, or in the process
of being stripped or dismantled. Painting of vehicles is prohibited unless conducted
inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including
body work, provided that such work is performed inside a structure or similarly
enclosed area designed and approved for such purposes.
21-7.8 Trees. Properties shall be maintained free from dead trees when such trees constitute
a hazard and may create a potential threat to persons or property within the Borough.
21-7 PROPERTY MAINTENANCE
2106 Rev. Ord. Supp. 05/2020
Upon failure of the owner or agent having charge of a property to remove such tree or
trees after service of a notice of violation, they shall be subject to prosecution in
accordance with Section 21-5.3 and as prescribed by the authority having jurisdiction.
Upon failure to comply with the notice of violation, any duly authorized employee of
the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon
the property in violation and cut and destroy the tree or trees growing thereon, and the
costs of such removal shall be paid by the owner or agent responsible for the property.
(Ord. No. 2020-09 § 1)
21-8 SWIMMING POOLS, SPAS AND HOT TUBS
21-8.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary
condition, and in good repair.
21-8.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than
24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at
least 48 inches (1219 mm) in height above the finished ground level measured on the
side of the barrier away from the pool. Gates and doors in such barriers shall be self-
closing and self-latching. Where the self-latching device is less than 54 inches (1372
mm) above the bottom of the gate, the release mechanism shall be located on the pool
side of the gate. Self-closing and self-latching gates shall be maintained such that the
gate will positively close and latch when released from an open position of 6 inches
(152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or
changed in a manner that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F1346 shall
be exempt from the provisions of this section.
21-9 PROPERTY MAINTENANCE
2107 Rev. Ord. Supp. 09/2012
21-9 EXTERIOR STRUCTURE.
21-9.1 General. The exterior of a structure shall be maintained in good repair, structurally
sound and sanitary so as not to pose a threat to the public health, safety or welfare.
A. Unsafe Conditions. The following conditions shall be determined as unsafe and
shall be repaired or replaced to comply with the International Building Code or the
International Existing Building Code as required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads,
the load effects or the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and
columns to foundations is not capable of resisting all nominal loads or load
effects;
3. Structures or components thereof that have reached their limit state;
4. Siding and masonry joints including joints between the building envelope and
the perimeter of windows, doors and skylights are not maintained, weather
resistant or water tight;
5. Structural members that have evidence of deterioration or that are not capable
of safely supporting all nominal loads and load effects;
6. Foundation systems that are not firmly supported by footings, are not plumb
and free from open cracks and breaks, are not properly anchored or are not
capable of supporting all nominal loads and resisting all load effects;
7. Exterior walls that are not anchored to supporting and supported elements or
are not plumb and free of holes, cracks or breaks and loose or rotting materials,
are not properly anchored or are not capable of supporting all nominal loads
and resisting all load effects;
8. Roofing or roofing components that have defects that admit rain, roof surfaces
with inadequate drainage, or any portion of the roof framing that is not in good
repair with signs of deterioration, fatigue or without proper anchorage and
incapable of supporting all nominal loads and resisting all load effects;
9. Flooring and flooring components with defects that affect serviceability or
flooring components that show signs of deterioration or fatigue, are not properly
anchored or are incapable of supporting all nominal loads and resisting all load
effects;
10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative
features not properly anchored or that are anchored with connections not
capable of supporting all nominal loads and resisting all load effects;
11. Overhang extensions or projections including, but not limited to, trash chutes,
canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts
not properly anchored or that are anchored with connections not capable of
supporting all nominal loads and resisting all load effects;
12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached
thereto, including guards and handrails, are not structurally sound, not properly
anchored or that are anchored with connections not capable of supporting all
nominal loads and resisting all load effects; or
21-9 PROPERTY MAINTENANCE
2108 Rev. Ord. Supp. 09/2012
13. Chimneys, cooling towers, smokestacks and similar appurtenances not
structurally sound or not properly anchored, or that are anchored with
connections not capable of supporting all nominal loads and resisting all load
effects.
Exceptions:
1. When substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the code
official.
21-9.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door
and window frames, cornices, porches, trim, balconies, decks and fences, shall be
maintained in good condition. Exterior wood surfaces, other than decay-resistant
woods, shall be protected from the elements and decay by painting or other protective
covering or treatment. Peeling, flaking and chipped paint shall be eliminated and
surfaces repainted.
21-9.3 Premises identification. Buildings shall have approved address numbers placed in a
position to be plainly legible and visible from the street or road fronting the property.
Numbers shall be a minimum of 4 inches and contrast with their background.
21-9.4 Structural members. All structural members shall be maintained free from
deterioration, and shall be capable of safely supporting the imposed dead and live loads.
21-9.5 Roofs and drainage. Roof water shall not be discharged in a manner that creates a
public nuisance.
21-9.6 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and
balcony, and all appurtenances attached thereto, shall be maintained structurally sound,
in good repair, with proper anchorage and capable of supporting the imposed loads.
21-10 PROPERTY MAINTENANCE
2109 Rev. Ord. Supp. 09/2012
21-10 HANDRAILS AND GUARDRAILS.
21-10.1 General. Every exterior flight of stairs having more than four risers shall have a
handrail on one side of the stair and every open portion of a stair, landing, balcony,
porch, deck, ramp or other walking surface which is more than 30 inches above the
floor or grade below shall have guards not less than 30 inches high above the floor of
the walking surface.
21-11 RUBBISH AND GARBAGE.
21-11.1 Accumulation of rubbish or garbage. All exterior property and premises, and the
interior of every structure, shall be free from any accumulation of rubbish or garbage.
21-11.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a
clean and sanitary manner by placing such rubbish in approved containers.
21-11.3 Rubbish storage facilities. The owner of every occupied premise shall supply
approved covered containers for rubbish, and the owner of the premises shall be
responsible for the removal of rubbish.
2201 Rev. Ord Supp. 02/2018
CHAPTER XXII
PLASTIC BAG REGULATIONS
22-1 INTENT. The intent of this Ordinance is to adopt regulations relating to and
limiting the use of plastic bags by businesses in the Borough of Harvey Cedars. The
regulations are intended as necessary and proper steps by the Borough to address a
significant global problem relating to the sale and use of plastic bags, to further
incentivize the use of reusable bags at businesses, and, ultimately, to protect the
environment, wildlife, and the public health, welfare, and safety.
22-2 DEFINITIONS. The following words, phrases and terms as used in this chapter
are hereby defined for the purpose thereof as follows.
Bait. Any live or previously live and now frozen substance used to attract and catch
fish or crabs on the end of a fishing hook or inside a bait trap.
Business or Store. For the purposes of this Chapter, any retail establishment that
engages in the retail sale of goods and products. The definition includes, but is not
limited to, pharmacies, supermarkets, grocery stores, convenience stores, clothing stores,
surf shops, food marts, and food service establishments.
Food Service Establishment. Any establishment which serves made-to-order food for
dine-in, takeout, or delivery.
Garment Bag. A large, zippered bag incorporating a hanger on which garments may
be hung to prevent wrinkling during travel or storage and used to protect and transport
clothing or other textiles.
Goods and Products. Things and items that are prepared and made to be sold,
including, but not limited to, clothing, groceries, prepared food, foodstuffs, meat, diary,
merchandise, books, jewelry, alcohol, tobacco products, toys, and any and all other things
and items sold at retail by businesses and stores.
Produce Bag or Product Bag. Any bag without handles that is used exclusively to
segregate produce, meats, other food items, and merchandise to the point of sale inside a
store or to prevent such items from coming into direct contact with other purchased
items, where such contact could damage or contaminate other food or merchandise when
placed together in a reusable or recycled bag.
Retail. The sale of goods and products for use and/or consumption.
22-3 PLASTIC BAG REGULATIONS
2202 Rev. Ord Supp. 02/2018
Reusable Bag. A bag that is designed and manufactured to withstand repeated uses
over a period of time, is machine washable or made from a material that can be cleaned
and disinfected regularly, is at least 2.25 mil thick if made from plastic, has a minimum
lifetime of 75 uses, and is capable of carrying a minimum of 18 pounds.
Single-Use, Plastic Carryout Bag. A bag, sheet, or receptacle produced or
manufactured from material commonly known as "plastic" or "polyethylene" provided at
the check-out stand, cash register, point of sale, or other point of departure for the
purpose of transporting goods or products out of the establishment. The term single-use,
plastic carryout bag does not include reusable bags, produce bags, product bags, or
garment bags.
22-3 REGULATION OF SINGLE-USE, PLASTIC CARRYOUT BAGS. No
business or store shall provide any single-use, plastic carryout bags to a customer at the
check stand, cash register, point of sale, or other point of departure for the purpose of
transporting products or goods out of the business or store, except as otherwise provided
in this Chapter.
22-4 EXCEPTIONS. Single-use, plastic carryout bags may be used by businesses or
stores to sell bait.
22-5 VIOLATIONS AND PENALTIES. Each person violating any of the provisions
of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter III,
section 3-9.
(Ord. No. 2018-02 § 1)
2301 Rev. Ord Supp. 09/2021
CHAPTER XXIII
WIRELESS COMMUNICATIONS FACILITIES
23-1 PURPOSE. The purpose of this chapter for the siting of wireless communications
facilities is as follows.
A. Protect residential areas and land uses from potential adverse impacts of wireless
communications facilitiesand encourage applicants to locate wireless communications
facilities, to the extent practicable and possible, in areas where the adverse impact to
the community is minimal.
B. Encourage and ensure the appropriate location of wireless communications facilities in
consideration of the public health, welfare, and safety.
C. Consistent with federal and state law, minimize the total number of wireless
communications facilities in the Borough.
D. Strongly encourage the collocation and joint use of existing and approved wireless
communications facilities as a primary option rather than construction of new tower-
based wireless communications facilities.
E. Encourage applicants to locate wireless communications facilities, to the extent
practicable and possible, in areas where the adverse impact to the community is
minimal.
F. Encourage applicants to configure wireless communications facilities in a way that
minimizes their adverse visual impact through careful design, siting, landscape
screening, and innovative camouflaging and stealth technology.
G. Enhance the ability of the providers of telecommunications services to provide such
services to the community quickly, effectively, and efficiently.
H. Avoid potential damage to adjacent properties and the public health, welfare, and safety
through proper engineering and careful siting of wireless communications facilities.
I. Comply with applicable federal and state law on the siting and regulation of wireless
communications facilities, while ensuring that proper zoning regulations are
implemented to ensure that the public health, welfare, and safety is protected and to
minimize the adverse visual, structural health, and safety impacts of such facilities.
J. In furtherance of the foregoing goals, the Borough shall give due consideration to the
Borough Master Plan, Zoning Map, existing land uses, and environmentally sensitive
areas in the approving of sites for the location of wireless communications facilities
and the regulation of such facilities.
23-2 WIRELESS FACILITIES
2302 Rev. Ord Supp. 09/2021
23-2 APPLICABILITY.
A. All wireless communications facilities shall be subject to these regulations, the
applicable building regulations, and the Borough Code, except as otherwise provided
or grandfathered herein.
B. Amateur Radio; Receive-Only Antennas. This chapter shall not govern any tower or
the installation of any antenna that is under 70 feet in height which is owned and
operated by a federally-licensed amateur radio station operator or is used exclusively
for receive-only antennas.
C. Preexisting Towers or Antennas. Preexisting towers or antennas shall not be required
to meet the requirements of this chapter, other than the requirements regarding building
codes and safety standards. This exception shall not apply to any expansion or
intensification of a preexisting tower or antenna.
D. Government Agencies. Communication towers and/or antenna owned, operated,
leased, or used by the Borough shall be exempt from the requirements of this chapter.
E. Satellite Dish Antenna. This chapter shall not govern any parabolic satellite antennas.
23-3 WIRELESS FACILITIES
2303 Rev. Ord Supp. 09/2021
23-3 DEFINITIONS. The following words, phrases and terms as used in this chapter are
hereby defined for the purpose thereof as follows.
Antenna means any system of wires, rods, discs, panels, flat panels, dishes, whips, or other
similar devices used for the transmission or reception of wireless signals. An antenna may
include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna
(disc), or any other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined below.
Base Station means a structure or equipment at a fixed location that enables FCC-licensed
or authorized wireless communications between user equipment and a communications
network. The term does not encompass a tower as defined herein or any equipment
associated with a tower. Base Station includes, without limitation, the following.
1. Equipment associated with wireless communications services such as private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed
wireless services such as a backhaul network.
2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration
(including DAS and small-cell networks).
3. Any structure other than a tower that, at the time the relevant application is filed under
this section, supports or houses equipment described in paragraphs (1) and (2) which
has been reviewed and approved under the applicable zoning or siting process, or under
another State or local regulatory review process, even if the structure was not built for
the sole or primary purpose of providing that support.
Blackhaul network means the lines that connect a wireless provider’s or facility developer’s
towers and cell sites to one or more cellular telephone switching offices and/or long-
distance providers or the public switched telephone network.
Collocation means the act of siting wireless communications facility on an existing
structure without the need to construct a new wireless communications support structure
and without a substantial increase in the size of an existing structure. The mounting of one
or more wireless communications facilities, including antennae, on an existing tower-based
wireless communications facility and/or wireless support structure for the purpose of
transmitting and/or receiving radio and digital frequency signals for communications
purposes. To be confirmed as collocation, an applicant must demonstrate that it qualifies
as collocation in accordance with federal and state law, including, but not limited to,
N.J.S.A. 40:55D-46.2. The siting of small wireless facilities and DAS on existing utility
poles in the ROW shall be considered collocation.
Coverage gap means the need for additional capacity because of inadequate present
capacity or service, dead spots, and inability to place a call.
Dead spot means small areas within a service area where the field of strength is lower than
the minimum level for reliable service or inadequate capacity exists as determined by
expert testimony in accordance with industry standards.
23-3 WIRELESS FACILITIES
2304 Rev. Ord Supp. 09/2021
Distributed antenna system or DAS means a network of spatially separated antenna sites
connected to a common source that provides wireless service within a geographic area or
structure.DAS antenna elevations are generally at or below the clutter level and node
installations are compact.
FCC means the Federal Communications Commission.
Monopole means a wireless communications facility or site which consists of a single pole
structure, designed and erected on the ground or on top of a structure to support
communications antennae and connecting appurtenances.
Non-tower wireless communications facility means all non-tower wireless communications
facilities, including, but not limited to, antennae and related equipment.
Preexisting wireless support structures means any tower, antenna, and/or other wireless
communications support structure that has a construction permit or land use approval prior
to the effective date of this section and including, but not limited to, any tower, antenna,
and/or wireless communications support structure on property owned, leased, or otherwise
controlled by the Borough.
Public utility means persons, corporations, or governments supplying gas, electric,
transportation, water, sewer, or landline telephone service to the general public. The term
“public utility,” however, shall not mean, for purposes of this Chapter, wireless
communications providers and wireless facility developers.
Right-of-way or ROW means the surface of and space above and below any real property
in the Borough in which the Borough, County of Ocean, and/or State of New Jersey has a
regulatory interest, or interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks,
tunnels, viaducts, bridges, skyways, or any other public place, area, or property under the
control of the Borough, County of Ocean, and/or State of New Jersey, and any unrestricted
public or utility easements established, dedicated, platted, improved, or devoted for utility
purposes, but excluding lands relating to other than streets that are owned by the Borough,
County of Ocean, and/or State of New Jersey. The phrase “in the right(s)-of-way” means
in, on, over, along, above, and/or under the right(s)-of-way.
Satellite dish means any apparatus with a flat or parabolic surface which is designed for
the purpose of receiving television, radio, microwave, satellite, or similar electronic
signals.
Small Wireless Facility means a wireless facility mounted on structures 40 feet or less in
height and meets both of the following qualifications: (i) each antenna associated with the
deployment, excluding associated antenna equipment, is no more than 3 cubic feet in
volume; and (ii) all other wireless equipment associated with the small wireless facility,
whether ground- or pole-mounted, is cumulatively no more than 28 cubic feet in volume.
Small wireless facilities include DAS.
23-3 WIRELESS FACILITIES
2305 Rev. Ord Supp. 09/2021
Small Wireless Facility Pole means a pole substantially similar to a utility pole and subject
to the same laws and regulations governing utility poles which provides for the siting of
small wireless facilities in the ROW.
Stealth technology means camouflaging methods applied to wireless communications
towers, antennae, and other related facilities which render them more visually appealing,
or blend the proposed facilities into the existing structure or visual backdrop in such a
manner as to render them minimally visible to the casual observer. Such methods include,
but are not limited to, architecturally screened roof-mounted antennae, building-mounted
antennae paint to match the existing structure, and facilities constructed to resemble trees,
shrubs, flag poles, utility poles, and light poles.
Substantial change means a modification substantially changes the physical dimension of
a wireless communications support structure and/or base station if it meets any of the
following criteria.
1. Increase in height. An increase in the height of a wireless communications support
structure constitutes a substantial change (a) for structures outside public rights-of-way,
if the proposed increase in height is more than 20 feet or 10%, whichever is greater.
All wireless communications support structures in the ROW, including small wireless
facility poles and utility poles, shall be limited to a maximum of 40 feet in height. Any
change to the increase in height for any wireless communications support structures in
the ROW that increase the height to a total less than the maximum of 40 feet shall not
constitute a substantial change.
2. Increase in width. An increase in the width of a tower constitutes a substantial change
for towers outside public rights-of-way, if the increase protrudes from the edge of the
tower more than 20 feet or more than the width of the tower structure at the level of the
new appurtenance. All changes to the width of small wireless facilities that comply
with the applicable regulations shall be deemed non-substantial.
3. Increase in equipment cabinets. The addition of equipment cabinets constitutes a
substantial change if it involves installation of more than the standard number of new
equipment cabinets for the technology involved, or more than 4 cabinets, whichever is
less.
4. Excavation or deployment outside current site. Excavation or deployment of
equipment outside the current site of the tower or base station constitutes a substantial
change when required for a proposed collocation.
5. Defeat of existing concealment elements. If existing concealment elements of the
tower or base station would be defeated by the proposed collocation, the proposed
collocation constitutes a substantial change. For example, if the proposed collocation
would result in an extension of a camouflaged tree tower which would result in the
tower no longer looking like a tree, the proposed collocation would constitute a
substantial change of the tree tower.
6. Failure to comply with prior conditions. A substantial change occurs if the proposed
collocation fails to comply with conditions associated with the prior approval of the
tower or base station, unless such non-compliance is due to an increase in height,
increase in width, addition of cabinets, or new excavation that does not exceed the
corresponding "substantial change" thresholds described above.
7. The collocation of small wireless facilities on existing utility poles in the ROW and the
replacement of existing, approved utility poles pursuant to the applicable law in the
ROW shall not be considered a substantial change.
23-3 WIRELESS FACILITIES
2306 Rev. Ord Supp. 09/2021
8. No changes that exceed the scope of the applicable regulations shall be permitted,
whether substantial or non-substantial.
Tower means any structure that is designed and constructed primarily for the purpose of
supporting one or more antennas for telephone, radio, and similar wireless
telecommunication purposes, including self-supporting lattice towers or monopole towers.
The term shall also include radio and television transmission towers, microwave towers,
common-carrier towers, cellular telephone towers, alternative tower structures, monopoles,
and the like. The term includes the structure of the tower along with any support thereto.
Tower-based wireless communications facility means any structure that is used for the
purpose of supporting one or more antennae, including, but not limited to, self-supporting
lattice towers, guy towers, and monopoles. DAS hub facilities are considered to be tower-
based wireless communications facilities.
Utility pole means any telephone pole, public utility pole, electric pole, or any other pole
providing for the maintenance of wires for the distribution of electricity, telephone signals,
telegraph signals, and/or television signals.
Wireless means transmissions through the airwaves including, but not limited to, infrared
line of sight, cellular, PCS, microwave, satellite, or radio signals.
Wireless communications equipment means the set of equipment and network components
used in the provision of wireless communications services, including, but not limited to,
antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency
generators, power supply cabling, and coaxial and fiber optic cable, but excluding wireless
communications support structures.
Wireless communications facility means the antennae, nodes, DAS, control boxes, towers,
poles, conduits, ducts, pedestals, electronics, base station, small wireless facility, tower,
wireless communications support structure, and other equipment used for the purposes of
transmitting, receiving, distributing, providing, or accommodating wireless
communications services.
Wireless communications support structure means a structure that is designed to support,
or is capable of supporting, wireless communications facilities and equipment, including,
but not limited to, a tower, water tower, or utility pole.
Wireless communications and communications service means any personal wireless
services as defined in the Telecommunications Act of 1996 (“TCA”), which includes FCC
licensed commercial wireless telecommunications services, including, but not limited to,
all FCC-licensed blackhaul network and other wireless services, broadcast, cellular,
personal communication services, specialized mobile radio, enhanced specialized mobile
radio, paging, and similar services that exist or that may be developed in the future.
23-4 WIRELESS FACILITIES
2307 Rev. Ord Supp. 09/2021
23-4 PERMITTED USE, SCOPE, AND RESTRICTIONS.
A. Wireless communications facilities are a permitted use in the General Business,
Limited Commercial and Marine Commercial Districts. Only collocation of small
wireless facilities on utility poles in the ROW and the construction of small wireless
facility poles for the purpose of siting small wireless facilities in the ROW shall be
permitted in residential zones and only 1 such wireless communications facility shall
be permitted on each utility pole and small wireless facility pole. No other wireless
communications facilities of any type shall be permitted in any residential zones or
within 100 feet of a lot in residential use or a residential district boundary.
B. No wireless communications facilities are permitted inside or on any buildings or
accessory buildings in the Borough. Except for the collocation of small wireless
facilities on utility polesand siting of small wireless facilities on small wireless facility
poles in the ROW as required by Federal and State law, and, as otherwise provided in
this chapter, no non-tower based wireless communications facilities shall be permitted
in the Borough.
C. With the exception of Borough-owned and/or constructed lattice towers or guy-lattice
towers, no lattice towers or guy-lattice towers shall be permitted in the Borough.
D. Except as otherwise provided by law for public utilitiesand the approval and
construction of new small wireless facility poles for the purpose of siting small wireless
facilities as permitted in this chapter, no new wireless communications support
structures, such as towers or monopoles, shall be permitted in the ROW. Only
collocation of small wireless facilities, non-substantial changes to existing wireless
support structures, utility poles, and small wireless facility poles shall be permitted in
the ROW.
E. Wireless communications facilities located on property owned, leased, or otherwise
controlled by the Borough shall be a permitted use in all Zoning Districts, provided that
a license or lease authorizing such facilities has been approved by the Borough, and, as
a condition of any such license or lease, the Borough may require site plan approval or
may exempt the applicant from approval. The decision to extend such license or lease
to an applicant shall be vested solely with the Borough, and shall not be governed by
this chapter. The Borough, in its absolute and sole discretion, reserves the express right
to deny all use of its property for wireless communications facilities. Nothing in this
section shall be construed as requiring any applicant to locate on property owned,
leased, or otherwise controlled by the Borough. Preexisting wireless communications
facilities are exempt from the application of this subsection.
F. No advertising signs shall be permitted on any wireless communications facilities,
wireless communications support structures, wireless communications equipment, or
base stations.
G. All ROW regulations shall apply to all entities and applicants, regardless of whether
the ROW is owned and/or controlled by the County or the State.
23-5 WIRELESS FACILITIES
2308 Rev. Ord Supp. 09/2021
23-5 COLLOCATION AND PRIORITY POLICY.
A. The Borough Engineer shall maintain an inventory of existing wireless
communications facility locations within or near the Borough.
B. It is the Borough’s policy that the first priority locations for wireless communications
facilities within the Borough shall be Borough-owned towers, and then non-Borough
owned existing towers and wireless support structures, and all applicants for new
wireless communications facilities shall make all reasonable and good faith efforts to
collocate the proposed wireless communications facilities and/or secure the location of
such facilities on Borough-owned facilities first, non-Borough owned existing towers
and wireless support structures second,the collocation of small wireless facilities on
existing utility poles third, and the construction of small wireless facility poles fourth.
C. The Borough’s priority policy for small wireless facilities is as follows:
1. Existing utility poles shall be the priority locations for such facilities, followed by
replacement of utility poles, and followed by the construction of new small wireless
facility poles.
2. First priority for collocation on existing utility poles and construction of new small
wireless facility poles shall be first in non-residential zones, second on Long Beach
Boulevard in all zones, and third on local residential streets.
D. An applicant proposing any wireless communications facility at a new location shall
demonstrate and document that it made its best business efforts to find a collocation
site and that none was available, practicable, economically feasible, and was not a
viable option.
23-6 WIRELESS FACILITIES
2309 Rev. Ord Supp. 09/2021
23-6 COSTS AND FEES.
A. Outside the ROW – Application fees, costs, and escrows relating to wireless
communications facilities outside the ROW, non-collocation, and substantial changes.
1. Permit and Escrow Fees. The Borough may assess appropriate and reasonable
application and permit fees directly related to the actual costs in reviewing and
processing the application for approval of wireless communication facilities, as
well as inspection, monitoring, and related costs, as set by resolution. The Borough
may also impose and require escrow fees for the payment of actual fees and costs,
as the Borough deems appropriate by way of resolution.
2. Retention of Experts and Costs. The Borough and the Land Use Board may use
and/or hire any consultants, engineers, attorneys, and/or experts to assist with the
review and application for approval of wireless communications facilities, and,
once approved, in reviewing and evaluating any potential violations of the terms
and conditions of this chapter and the Borough Code. The applicant and/or owner
of the wireless communication facility shall reimburse the Borough and the Land
Use Board for all costs of the consultants, engineers, attorneys, and/or experts in
providing expert evaluation and consultation in connection with these activities.
B. Inside the ROW – Application fees and costs relating to wireless communications
facilities inside the ROW, collocation, and non-substantial changes.
1. All applications shall be accompanied by a fee directly related to a reasonable
approximation of the Borough’s costs reasonably incurred as a direct result of the
application and which the fee shall be set at $500 for an application including 1 to
5 location sites and $100 for each additional location site.
2. In addition to other fees provided herein, every wireless communications facility in
the ROW is subject to the Borough’s right to fix annually a fair and reasonable
compensation to be paid for use and occupancy of the ROW. Such compensation
for ROW use shall be directly related to the Borough’s actual ROW management
costs, if any, including, but not limited to, the costs of the administration and
performance of all review, inspection, supervision, and other ROW management
activities by the Borough. The owner of each wireless communications facility
shall pay an annual fee to compensate the Borough for the Borough’s costs
incurred, if any. The annual ROW management fee for wireless communications
facilities shall be determined by Borough and authorized by resolution. Unless
otherwise permitted by law, the annual fee shall be set at $270 for each site in the
ROW.
23-7 WIRELESS FACILITIES
2310 Rev. Ord Supp. 09/2021
23-7 APPLICATION REQUIREMENTS FOR THE INSTALLATION OF TOWER
BASED AND/OR SUBSTANTIAL CHANGES TO WIRELESS
COMMUNICATIONS FACILITIES.
A. Except as otherwise provided in this section, no wireless communications facilities
shall be constructed, erected, or substantially changed unless site plan approval and any
and all applicable variances are obtained from the Land Use Board.
B. This section shall not apply to existing utility poles, the replacement of utility poles,
and new utility poles in the ROW and the construction of small wireless facility poles
in the ROW. The foregoing does not constitute towers or tower-based wireless
communications facilities.
C. The following provisions shall apply to applications for such approval.
1. Applications for site plans along with any required variances shall be subject to the
procedures and requirements of the Municipal Land Use Law and the Borough
Code, except as modified herein.
2. In granting site plan approval or a variance, the Land Use Board may impose
additional conditions consistent with federal and state law to the extent the Land
Use Board concludes such are necessary to minimize any adverse effect of the
proposed wireless communications facility on adjoining properties.
3. Any information of an engineering nature that the applicant submits, whether civil,
mechanical, or electrical, shall be certified by a licensed professional engineer of
the State of New Jersey, if a licensing requirement for that professional exists in
New Jersey.
4. An applicant for site plan approval or a variance shall submit the information
required, a nonrefundable application fee, and an escrow deposit as established by
resolution. The application fee and escrows shall be paid as required herein.
5. Any tower shall be designed and constructed so as to accommodate at least 4
antenna arrays of separate wireless communications providers, where such
accommodation is technically feasible.
D. In addition to any and all information required for applications for site plan approval
or a variance pursuant to this section and the Borough Code, applicants for approval
for the construction or installation of wireless communication facilities shall submit all
of the items identified on the application checklist, along with the following
information before the application is certified as complete.
1. A completed application and application checklist for proposed wireless
communications facilities.
2. The identity of the owner of the property, structure, and/or building and a copy of
the lease (with confidential or proprietary information redacted), proof of
ownership and authority, and deed for the property.
23-7 WIRELESS FACILITIES
2311 Rev. Ord Supp. 09/2021
3. A scaled site plan clearly indicating the location, type, and height of the proposed
wireless communications facility, on-site land uses and zoning, adjacent land uses
and zoning (including when adjacent to other municipalities), adjacent roadways,
proposed means of access, setbacks from property lines, elevation drawings of the
proposed wireless communications facility and any other structures, topography,
parking, and other information as required by this or other Borough ordinances, or
as required by the Borough or Board Engineer, to enable comprehensive review of
the application.
4. Survey of the property, including a Letter of Interpretation from the New Jersey
Department of Environmental Protection, signed and sealed by a land surveyor
licensed in the State of New Jersey, dated no earlier than 12 months prior to the
date of the application.
5. The separation distance between the proposed wireless communications facility
and the nearest residential unit and/or residentially zoned property.
6. The separation distance from other wireless communications facilities described in
the inventory of existing sites submitted pursuant to this subsection shall be shown
on an updated site plan or map certified by a licensed engineer or licensed land
surveyor. The applicant shall also identify the type of construction of the existing
tower(s) and the owner/operator of the existing tower(s).
7. A landscape plan showing specific landscape materials and precise locations of
proposed landscaping improvements, including, but not limited to, species type,
size, spacing, other landscape features, and existing vegetation to be retained,
removed, or replaced, which shall be certified by a licensed engineer or certified
landscape architect.
8. An Environmental Impact Study.
9. A plan evidencing compliance with the applicable requirements of this section,
including, but not limited to, the architecture, stealth technology requirements,
aesthetics, color, camouflage, landscaping, and fencing.
10. A written report of the suitability or non-suitability of the use of existing wireless
communications facilities or other structures for services to be provided through
the use of the proposed new wireless communications facility.
11. A written report of the feasible location(s) of future wireless communications
facilities that may be erected by the applicant within the Borough based upon
existing physical engineering, technological, or geographical limitations in the
event the proposed wireless communications facility is erected.
12. A visual study, including photographic or topographic plans, identifying a line of
sight analysis detailing the view of the proposed wireless communications facility
from various directions and angles from adjacent areas within a 750-foot radius of
the proposed wireless communications facility. The analysis shall be utilized to
determine buffer requirements.
23-7 WIRELESS FACILITIES
2312 Rev. Ord Supp. 09/2021
13. Documentation of the results of the crane test, including a line-of-sight survey and
photographic result of the crane test with regard to the potential visual and aesthetic
impacts of the proposed tower. Such documentation must establish the zone of
visibility of the proposed tower.
14. Photo-simulations of any proposed tower, which shall include at least 1 photo-
simulation from at least 4 angles of view of the tower (from the north, east, south
and west), taken from ground level at the property line of the proposed site of any
tower. Photo-simulations presented to the approving authority shall be in color and
a minimum of 8 inches by 11 inches in size.
15. Documentary and expert evidence regarding the need for the wireless
communications facility, which information shall identify the existing wireless
network layout and existing coverage areas to demonstrate the need for the facility
at a particular location within the Borough. The evidence shall include a report of
the radio frequency engineering analysis of the search area for the wireless
communications facility.
16. A report from a qualified expert certifying that the wireless communications facility
complies with the latest structural and wind loading requirements as set forth in the
Building Officials and Code Administrators (“BOCA”) International Code,
including a description of the number and type of antennas it is designed to
accommodate.
17. A statement by the applicant demonstrating whether construction of the wireless
communications facility will accommodate collocation of additional antenna for
future users. If so, a letter of commitment by the applicant to lease excess space on
wireless communications facility to other potential users at prevailing market rates
and conditions. The letter of commitment shall be recorded prior to issuance of a
building permit. The letter shall commit the tower owner and successors in interest.
18. Elevations of all existing and proposed structures generally depicting all existing
and proposed antennas, towers, platforms, finish materials, as well as all other
accessory equipment.
19. Inventory of Existing Sites. Each applicant shall provide to the Land Use Board an
inventory of its existing wireless communications facilities or sites approved for
towers or antennas that are either within the jurisdiction of the Borough or within
3 miles of the proposed site, whichever is more extensive, including specific
information about the location, height, and design of each wireless communications
facility. The Borough and the Land Use Board may share such information with
other applicants applying for administrative approvals or permits under this section
or other organizations seeking to locate wireless communications facilities within
the jurisdiction of the Borough; provided, however, that the Borough and Land Use
Board are not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
23-7 WIRELESS FACILITIES
2313 Rev. Ord Supp. 09/2021
20. Identification of the entities providing the backhaul network for the wireless
communications facility described in the application and other cellular sites owned
or operated by the applicant in the municipality.
21. Detailed and certified engineering plans of the wireless communications facility
proposed and any and all related equipment.
22. Fully-executed indemnification and hold harmless agreements prepared by the
Borough, which are provided with the application package.
23. Documentation that the existing vegetation, trees, and shrubs located within
proximity to the wireless communications facility structure shall be preserved to
the maximum extent possible.
24. A soil report to the Borough complying with the standards of Appendix I:
Geotechnical Investigations, ANSI/ETA 222-B, as amended, to document and
verify the design specifications of the foundation of the tower-based wireless
communications facility, and anchors, if used.
25. Documentation of compliance with all of the regulations set forth in with Borough
ordinances.
23-8 WIRELESS FACILITIES
2314 Rev. Ord Supp. 09/2021
23-8 REVIEW OF TOWER-BASED APPLICATIONS AND/OR SUBSTANTIAL
CHANGES TO WIRELESS COMMUNICATIONS FACILITIES.
Tower-based applications shall be reviewed by the Land Use Board pursuant to the
following:
A. Timeframe for review. The Land Use Board shall render a decision on an application
within 150 days of receipt of a complete application.
B. Incomplete applications. The Land Use Board may toll the 150-day timeframe set by
notifying the applicant, within 30 days of receipt of submission of an application, that
the application is incomplete. Such notification shall set forth all outstanding
information, as well as the applicable Code provision, ordinance, application
instruction, or publicly stated procedure requiring the information to be submitted. The
150-day timeframe shall begin again upon receipt of the supplemental submission.
C. Subsequent incomplete applications. The Land Use Board may thereafter toll the 150-
day timeframe by notifying the applicant, within 10 days of receipt of the supplemental
submission that the applicant did not provide the information identified in the original
notice delineating missing information. Second or subsequent notices of
incompleteness may not specify missing documents or information not previously
delineated in the original notice of incompleteness.
D. Failure to act. If the Land Use Board does not approve or deny an application within
150 days of receipt of the application or any applicable tolling periods thereafter, the
applicant may notify the Land Use Board in writing that the review period has expired.
Upon the Land Use Board’s receipt of this notice from the applicant, the application
shall be deemed granted.
23-9 WIRELESS FACILITIES
2315 Rev. Ord Supp. 09/2021
23-9 APPLICATION REQUIREMENTS FOR NEW CONSTRUCTION AND/OR
INSTALLATION OF NEW SMALL WIRELESS FACILITY POLES FOR THE
SITING OF SMALL WIRELESS FACILITIES IN THE ROW, THE
COLLOCATION OF NON-SMALL WIRELESS FACILITIES, SUBSTANTIAL
CHANGES TO SMALL WIRELESS FACILITIES, AND NON-SUBSTANTIAL
CHANGES TO NON-SMALL WIRELESS FACILITIES
A. An application for development to construct and/or install new wireless
communications facilities that constitute new construction and/or installation of all
wireless communications facilities that include new small wireless facility poles for the
siting of small wireless facilities in the ROW, the collocation of non-small wireless
facilities, substantial changes to small wireless facilities, and non-substantial changes
to non-small wireless facilities shall not be subject to site plan review, provided the
application meets the following requirements.
1. If collocation to or non-substantial change to an existing wireless communications
support structure, the existing structure shall have been previously granted all
necessary approvals by the appropriate approving authority.
2. If construction and/or installation of a new small wireless facility pole in the ROW
for the purpose of siting small wireless facilities in the ROW, the new structure
shall obtain all necessary approvals by the appropriate approving authority.
3. The proposed application satisfies the federal and State requirements to meet the
standards for collocation.
4. The proposed collocation and/or change complies with the final approval of the
wireless communications support structure and all conditions attached thereto and
does not create a condition for which variance relief would be required pursuant to
N.J.S.A. 40:55D-1, et seq., or any other applicable law, rule, or regulation.
5. Complies with all applicable requirements of the Borough ordinances.
B. Each application shall be limited to a request to construct and/or install a total of 1
wireless communications facility that constitutes new construction and/or installation
of all wireless communications facilities that include new small wireless facility poles
for the siting of small wireless facilities in the ROW, the collocation of non-small
wireless facilities, substantial changes to small wireless facilities, and non-substantial
changes to non-small wireless facilities.
C. All applications shall be submitted to the Municipal Clerk on the proscribed application
and checklist form(s) and shall include the following information.
1. A completed application and application checklist.
2. A statement and supporting proofs that the application qualifies as new construction
and/or installation of all wireless communications facilities that include new small
wireless facility poles for the siting of small wireless facilities in the ROW,
23-9 WIRELESS FACILITIES
2316 Rev. Ord Supp. 09/2021
the collocation of non-small wireless facilities, substantial changes to small
wireless facilities, and non-substantial changes to non-small wireless facilities.
3. The identity of the owner of the property, structure, and/or building and proof of
approval to use the site and compliance with N.J.S.A. 48:3-18.
4. Proof of all consents required by federal, State, and local law and regulations,
including N.J.S.A. 48:17-8.
5. Certification that the applicant possesses the legal authority to construct, collocate,
and/or change the wireless communications support structure, which may include
approvals from the jurisdiction authorizing the initial placement of the wireless
communications support structure and transmission equipment.
6. Fully-executed indemnification and hold harmless agreements.
7. A scaled location plan clearly indicating the location, type, and height of the
proposed wireless communications facility, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities), adjacent
roadways, proposed means of access, setbacks from property lines, elevation
drawings of the proposed wireless communications facility and any other
structures, topography, parking, and other information as required by the Borough
Code, or as required by the Borough to enable comprehensive review of the
application.
8. The separation distance from other wireless communications facilities shall be
shown on a location plan or map certified by a licensed engineer or licensed land
surveyor. The applicant shall also identify the type of construction of the existing
wireless communications support structure(s) and the owner/operator of wireless
communications support structure(s) within 1 mile.
9. A description of the type and quantity of equipment to be installed and the number
and size of any equipment cabinets to be installed.
10. A description of any excavation required.
11. A description of any change in wireless communications support structure height
and/or width as a result of the proposed collocation, removal, or replacement.
12. A plan evidencing the development’s compliance with the applicable requirements,
including, but not limited to, the architecture, aesthetics, color, and use of stealth
technology.
13. A written report of the suitability or non-suitability of the use of existing wireless
communications facilities or other structures for services to be provided through
the use of the proposed new wireless communications facility, including
certification from a structural engineer that the existing or new utility pole is
structurally suitable and safe for new construction and/or installation of all wireless
23-9 WIRELESS FACILITIES
2317 Rev. Ord Supp. 09/2021
communications facilities that include new utility poles for the siting of small
wireless facilities in the ROW, the collocation of non-small wireless facilities,
substantial changes to small wireless facilities, and non-substantial changes to non-
small wireless facilities.
14. A report from a qualified expert certifying that the wireless communications facility
complies with the latest structural and wind loading requirements as set forth in the
International Building Code, New Jersey State edition, as amended, or the
applicable New Jersey structural and wind requirements, including a description of
the number and type of antennae it is designed to accommodate.
15. A statement by the applicant demonstrating whether construction of the wireless
communications facility will accommodate collocation of additional antenna for
future users. The statement shall commit the wireless communications support
structure owner and successors in interest.
16. Elevations of all proposed wireless communications facilities generally depicting
all existing and proposed antennae, wireless communications support structures,
platforms, finish materials, as well as all other accessory equipment.
17. An inventory of its existing wireless communications facilities or sites approved
for wireless communications support structures or antennae within the jurisdiction
of the Borough.
18. Documentation of compliance with all of the applicable requirements of the
Borough Code.
23-10 WIRELESS FACILITIES
2318 Rev. Ord Supp. 09/2021
23-10 REVIEW OF APPLICATIONS FOR NEW CONSTRUCTION AND/OR
INSTALLATION OF ALL WIRELESS COMMUNICATIONS FACILITIES THAT
INCLUDE NEW UTILITY POLES FOR THE SITING OF SMALL WIRELESS
FACILITIES IN THE ROW, THE COLLOCATION OF NON-SMALL WIRELESS
FACILITIES, SUBSTANTIAL CHANGES TO SMALL WIRELESS FACILITIES,
AND NON-SUBSTANTIAL CHANGES TO NON-SMALL WIRELESS
FACILITIES
A. Initial review. The Board of Commissioners shall review the application and advise
the applicant within 30 days as to whether the Borough deems that the application is
subject to these or other regulations. If compliance with other subsections are deemed
to be required, the applicant shall proceed in accordance with the applicable
regulations.
B. Timeframe for review. The Board of Commissioners shall review and approve or deny
the application within 90 days of receipt. This 90-day period may be extended by
mutual agreement of the Borough and the applicant.
C. Incomplete applications. The Board of Commissioners may toll the 90-day timeframe
by notifying the applicant, within 30 days of receipt of submission of an application,
that the application is incomplete. Such notification shall set forth all outstanding
information, as well as the applicable Code provision, ordinance, application
instruction, or publicly stated procedure requiring the information to be submitted. The
90-day timeframe shall begin again upon receipt of the supplemental submission.
D. Subsequent incomplete applications. The Board of Commissioners may thereafter toll
the 90-day timeframe by notifying the applicant, within 10 days of receipt of the
supplemental submission, that the applicant did not provide the information identified
in the original notice delineating missing information. Second or subsequent notices
of incompleteness may not specify missing documents or information not previously
delineated in the original notice of incompleteness.
E. Complete applications. The Board of Commissioners shall, within the 90-day
timeframe, approve all complete applications for the construction and/or installation of
all wireless communications facilities that constitute new construction and/or
installation of all wireless communications facilities that include new utility poles for
the siting of small wireless facilities in the ROW, the collocation of non-small wireless
facilities, substantial changes to small wireless facilities, and non-substantial changes
to non-small wireless facilities and that do not otherwise violate applicable health,
safety, and other requirements set forth in this section. If the Board of Commissioners
determines that an application fails to comply with this section, it shall notify the
applicant of same in writing. If applicable, the Board of Commissioners shall advise
the applicant to initiate the applicable process.
F. Applications on improper towers. Notwithstanding the foregoing, the Board of
Commissioners is not obligated to approve an application for new construction and/or
installation of all wireless communications facilities that include new utility poles for
the siting of small wireless facilities in the ROW, the collocation of non-small wireless
23-10 WIRELESS FACILITIES
2319 Rev. Ord Supp. 09/2021
facilities, and non-substantial changes to non-small wireless facilities on a wireless
communications support structure or base station that was constructed or deployed
without proper review, was not required to undergo siting review, or does not support
transmission equipment that received another form of affirmative state or local
regulatory approval.
G. Failure to act. If the Board of Commissioners does not approve or deny an application
for the construction and/or installation of all wireless communications facilities that
constitute new construction and/or installation of all wireless communications facilities
that include new utility poles for the siting of small wireless facilities in the ROW, the
collocation of non-small wireless facilities, substantial changes to small wireless
facilities, and non-substantial changes to non-small wireless facilities within 90 days
of receipt of the application or any applicable tolling periods thereafter, the applicant
may notify the Board of Commissioners in writing that the review period has expired.
Upon the Board of Commissioners receipt of this notice from the applicant, the
application shall be deemed granted.
H. Notwithstanding any other regulation to the contrary, the Board of Commissioners may
relax any requirement, at its sole and absolute discretion for any or no reason.
23-11 WIRELESS FACILITIES
2320 Rev. Ord Supp. 09/2021
23-11 APPLICATION REQUIREMENTS FOR COLLOCATION AND NON-
SUBSTANTIAL CHANGES TO SMALL WIRELESS FACILITIES.
A. An application for collocation and non-substantial changes to small wireless facilities
shall not be subject to site plan review and shall not require compliance with subsection
23-9, provided the application meets the following requirements.
1. If collocation to or non-substantial change to an existing wireless communications
support structure, the existing structure shall have been previously granted all
necessary approvals by the appropriate approving authority.
2. The proposed application satisfies the federal and State requirements to meet the
standards for collocation.
3. The proposed collocation and/or change complies with the final approval of the
wireless communications support structure and all conditions attached thereto and
does not create a condition for which variance relief would be required pursuant to
N.J.S.A. 40:55D-1, et seq., or any other applicable law, rule, or regulation.
B. Each application shall be limited to a request to construct and/or install a total of 10
wireless communications facilities that constitute collocation and non-substantial
changes to small wireless facilities.
C. All applications shall be submitted to the Municipal Clerk on the proscribed application
and checklist form(s) and shall include the following information.
1. A completed application and application checklist.
2. A statement and supporting proofs that the application qualifies under this section.
3. The identity of the owner of the property, structure, and/or building and a copy of
the agreement relating to N.J.S.A. 48:3-18.
4. Certification that the applicant possesses the legal authority to collocate and/or
change the wireless communications support structure, which may include
approvals from the jurisdiction authorizing the initial placement of the wireless
communications support structure and transmission equipment.
5. Fully-executed indemnification and hold harmless agreements prepared by the
Borough, which are provided with the application package.
6. A scaled location plan clearly indicating the location, type, and height of the
proposed wireless communications facility, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities), adjacent
roadways, proposed means of access, setbacks from property lines, elevation
drawings of the proposed wireless communications facility and any other
structures, topography, parking, and other information as required by the Borough
Code, or as required by the Borough or Board Engineer, to enable comprehensive
review of the application.
23-11 WIRELESS FACILITIES
2321 Rev. Ord Supp. 09/2021
7. The separation distance from other wireless communications facilities described in
the inventory of existing sites shall be shown on an updated location plan or map
certified by a licensed engineer or licensed land surveyor. The applicant shall also
identify the type of construction of the existing wireless communications support
structure(s) and the owner/operator of wireless communications support
structure(s).
8. A description of the type and quantity of equipment to be installed and the number
and size of any equipment cabinets to be installed.
9. A description of any excavation required.
10. A description of any change in wireless communications support structure height
and/or width as a result of the proposed collocation, removal, or replacement.
11. A plan evidencing the development’s compliance with the applicable requirements,
including, but not limited to, the architecture, aesthetics, color, and use of stealth
technology.
12. A written report of the suitability or non-suitability of the use of existing wireless
communications facilities or other structures for services to be provided through
the use of the proposed new wireless communications facility, including
certification from a structural engineer that the existing utility pole is structurally
suitable and safe for small wireless facilities, collocation and/or non-substantial
change.
13. A report from a qualified expert certifying that the wireless communications facility
complies with the latest structural and wind loading requirements as set forth in the
requirements as set forth in the International Building Code, New Jersey State
edition, as amended, or the applicable New Jersey structural and wind
requirements, including a description of the number and type of antennae it is
designed to accommodate.
14. A statement by the applicant demonstrating whether construction of the wireless
communications facility will accommodate collocation of additional antenna for
future users. The statement shall commit the wireless communications support
structure owner and successors in interest.
15. Elevations of all proposed wireless communications facilities generally depicting
all existing and proposed antennae, wireless communications support structures,
platforms, finish materials, as well as all other accessory equipment.
16. An inventory of its existing wireless communications facilities or sites approved
for wireless communications support structures or antennae within the jurisdiction
of the Borough.
17. Documentation of compliance with all of the applicable requirements of the
Borough ordinances.
23-12 WIRELESS FACILITIES
2322 Rev. Ord Supp. 09/2021
23-12 REVIEW OF APPLICATIONS THAT CONSTITUTE COLLOCATION AND
NON-SUBSTANTIAL CHANGES TO SMALL WIRELESS FACILITIES.
A. Initial review. The Board of Commissioners shall review the application with
consultation with the Borough Engineer, the Borough Attorney, and any other
consultants and/or experts deemed necessary to determine whether the application
qualifies as a request for collocation, whether the change proposed is non-substantial.
The Board of Commissioners shall review the application and advise the applicant
within 30 days as to whether the Borough deems that site plan approval by the Land
Use Board or compliance with subsection 23-9 are required. If site plan approval or
compliance with subsection 23-9 are deemed to be required, the applicant shall proceed
in accordance with the applicable regulations.
B. Timeframe for review. The Board of Commissioners shall review and approve or deny
the application within 60 days of receipt. This 60-day period may be extended by
mutual agreement of the Borough and the applicant.
C. Incomplete applications. The Board of Commissioners may toll the 60-day timeframe
by notifying the applicant, within 30 days of receipt of submission of an application,
that the application is incomplete. Such notification shall set forth all outstanding
information, as well as the applicable Code provision, ordinance, application
instruction, or publicly stated procedure requiring the information to be submitted. The
60-day timeframe shall begin again upon receipt of the supplemental submission.
D. Subsequent incomplete applications. The Board of Commissioners may thereafter toll
the 60-day timeframe by notifying the applicant, within 10 days of receipt of the
supplemental submission, that the applicant did not provide the information identified
in the original notice delineating missing information. Second or subsequent notices
of incompleteness may not specify missing documents or information not previously
delineated in the original notice of incompleteness.
E. Complete applications. The Board of Commissioners shall, within the 60-day
timeframe, approve all complete applications for the collocation and non-substantial
changes to small wireless facilities and that do not otherwise violate applicable health,
safety, and other requirements set forth in this section. If the Board of Commissioners
determines that an application fails to comply with this section, it shall notify the
applicant of same in writing. If applicable, the Board of Commissioners shall advise
the applicant to initiate the applicable process.
F. Applications on improper towers. Notwithstanding the foregoing, the Board of
Commissioners is not obligated to approve an application for small wireless facilities,
collocation, removal, or replacement of equipment on a wireless communications
support structure or base station that was constructed or deployed without proper
review, was not required to undergo siting review, or does not support transmission
equipment that received another form of affirmative state or local regulatory approval.
G. Failure to act. If the Board of Commissioners does not approve or deny an application
for collocation and non-substantial changes to small wireless facilities within 60 days
of receipt of the application or any applicable tolling periods thereafter, the applicant
may notify the Board of Commissioners in writing that the review period has expired.
Upon the Board of Commissioners receipt of this notice from the applicant, the
application shall be deemed granted.
H. Notwithstanding any other regulation to the contrary, the Board of Commissioners may
relax any requirement, at its sole and absolute discretion for any or no reason.
23-13 WIRELESS FACILITIES
2323 Rev. Ord Supp. 09/2021
23-13 GENERAL REQUIREMENTS FOR THE CONSTRUCTION AND/OR
INSTALLATION OF ALL WIRELESS COMMUNICATIONS FACILITIES THAT
CONSTITUTE A NEW TOWER AND TOWER-BASED WIRELESS
COMMUNICATIONS FACILITY, NON-COLLOCATION, AND/OR
SUBSTANTIAL CHANGES TO WIRELESS COMMUNICATIONS FACILITIES.
A. Uniform Construction Code; safety standards; standard of care. Wireless
communications facilities shall be designed, constructed, operated, maintained,
repaired, modified, and removed in strict compliance with all current applicable
technical, foundation, safety, and safety-related codes, including, but not limited to, the
most recent editions of the American National Standards Institute (“ANSI”) Code,
National Electrical Safety Code, National Electrical Code, the New Jersey Uniform
Construction Code and the applicable standards for towers that are published by the
Electronic Industries Association, the Borough Code, as well as the accepted and
responsible workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based wireless communications facility shall at all times be kept
and maintained in good condition, order, and repair by qualified maintenance and
construction personnel, so that the same shall not endanger the life of any person or
any property in the Borough.
B. Collocation. An application shall not be approved unless the Land Use Board finds
that the wireless communications equipment cannot be accommodated on an existing
or approved structure or building. Any application shall include a comprehensive
inventory of all existing towers and other suitable structures within a 3-mile radius from
the point of the proposed tower, unless the applicant can show to the satisfaction of the
Borough that a different distance is more reasonable, and shall demonstrate
conclusively why an existing tower or other suitable structure cannot be utilized.
C. Wind. Wireless communications support structures shall be designed to withstand the
effects of wind according to the standard designed by the American National Standards
Institute as prepared by the engineering departments of the Electronics Industry
Association and Telecommunications Industry Association.
D. Height. Wireless communications facilities shall be designed at the minimum
functional height and shall not exceed a maximum total height of 100 feet, which height
shall include all subsequent additions or alterations. All applicants must submit
documentation to the Land Use Board justifying the total height of the structure.
E. Public safety communications. No wireless communications facilities shall interfere
with public safety communications or the reception of broadband, television, radio or
other communication services enjoyed by occupants of nearby properties.
F. Maintenance. The following maintenance requirements shall apply:
1. Wireless communications facilities shall be fully automated and unattended on a
daily basis and shall be visited only for maintenance or emergency repair;
2. Such maintenance shall be performed to ensure the upkeep of the facility in order
to promote the safety and security of the Borough’s residents;
23-13 WIRELESS FACILITIES
2324 Rev. Ord Supp. 09/2021
3. All maintenance activities shall utilize nothing less than the best available
technology for preventing failures and accidents; and
4. Except in the case of documented emergencies, 5-day written notice of any and all
maintenance activities shall be provided to the Chief of Police and the Department
of Public Works. Written notice of emergencies and documented proof of same
shall be provided to the Chief of Police and the Department of Public Works as
soon as practicable, but in no case more than 48 hours from the date of emergency.
G. Radio frequency emissions. No wireless communications facilities shall, by itself or
in conjunction with other wireless communications facilities, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including but not
limited to, the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating
Compliance with FCC Guidelines for Human Exposure to Radio Frequency
Electromagnetic Fields,” as amended.
H. Identification. All wireless communications facilities shall post a notice in a readily
visible location identifying the name and phone number of a party to contact in the
event of an emergency, subject to approval of the Land Use Board.
I. Lighting. Wireless communications facilities shall not be artificially lighted, except as
required by law and as may be approved by the Land Use Board. If lighting is required,
the applicant shall provide a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under State and federal
regulations.
J. Appearance and visual compatibility requirements.
1. All wireless communications support structures and facilities shall be located,
designed, and screened to blend with the existing natural or building surroundings
so as to minimize visual impacts through the use of the latest stealth technology,
including color and camouflaging, architectural treatment, landscaping, and other
available means, considering the need to be compatible with neighboring
residences and the character of the community. The wireless communications
facility shall employ the most current stealth technology available in an effort to
appropriately blend into the surrounding environment and minimize aesthetic
impact.
2. Any height increases to an existing tower-based wireless communications facility
shall require prior approval of the Land Use Board. The Land Use Board shall have
the discretion to deny such requests based upon aesthetic and land use impact, or
any other lawful considerations related to the character of the Borough.
3. Wireless communications facilities shall be designed structurally, electrically, and
in all respects to accommodate both the wireless communications facility
applicant’s antennae and comparable antennae for future users.
4. Towers shall either maintain a galvanized steel finish, be painted a neutral color,
and employ stealth technology so as to reduce visual obtrusiveness.
23-13 WIRELESS FACILITIES
2325 Rev. Ord Supp. 09/2021
5. At the wireless communications equipment building, the design of the buildings
and related structures shall, to the extent possible, use materials, colors, tenures,
screening, and landscaping that will blend the tower facilities to the natural setting
and surrounding buildings.
6. All wireless communications support structures shall be designed to preserve scenic
vistas and views of the Atlantic Ocean, Barnegat Bay, Little Egg Harbor, all Inlets,
cultural and history landmarks, and unique geographic and topographic features.
Natural features such as trees, views, natural terrain, open waters, and natural
drainage ridge lines shall be preserved whenever possible in locating and designing
a tower. Towers shall further be designed and located to minimize impact on open
space and Green Acres properties.
7. Any and all buildings or structures relating to the wireless communications support
structures shall be located, designed, and screened to blend with the existing natural
or building surroundings so as to minimize visual impacts through the use of stealth
technology.
8. Any and all buildings or structures relating to the wireless communications support
structures shall not contain more than 1,600 square feet of gross floor area or be
more than 15 feet in height.
9. Equipment storage buildings or cabinets shall comply with all applicable zoning
and building codes.
10. The wireless communications equipment building shall not exceed 10 feet for flat
roofs or 15 feet for pitched roofs, which shall have a minimum vertical rise of 6
inches for every 12 inches of horizontal run, and the building must blend
architecturally with any existing building on the property. Pitched roofs shall be
permitted only where the applicant is proposing a structure designed to blend with
the local architectural context.
11. When a location out of the view from off-tract properties is not possible,
appropriate foundation planting shall be provided outside the wireless
telecommunications equipment building.
12. Landscaping. The following requirements shall govern the landscaping
surrounding towers for which site plan approval is required.
(i) Wireless communications facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound from property
used for residences.
(ii) Existing mature tree growth and natural landforms on the site shall be preserved
to the maximum extent possible. In some cases, such as towers sited on large,
wooded lots, natural growth around the property perimeter may be sufficient buffer.
23-13 WIRELESS FACILITIES
2326 Rev. Ord Supp. 09/2021
13. In locations where the visual impact of the tower would be minimal, the
landscaping requirement may be reduced or waived by the approving authority if
the goals of this section would be better served thereby. Existing mature tree
growth and natural land forms on the site shall be preserved to the maximum extent
possible.
14. An individual wireless carrier shall not occupy more than 400 square feet of the
equipment building.
K. Noise. Wireless communications facilities shall be operated and maintained so as not
to produce noise in excess of applicable noise standards under State law and the
Borough Code, except in emergency situations requiring the use of a backup generator,
where such noise standards may be exceeded on a temporary basis only.
L. Aviation safety. Wireless communications facilities shall comply with all federal and
State laws and regulations concerning aviation safety.
M. Nonconforming uses. Nonconforming wireless communication facilities which are
hereafter damaged or destroyed due to any reason or cause may be repaired and restored
at their former location, but must otherwise comply with the terms and conditions of
the Borough Code.
N. Removal. In the event that use of a wireless communication facility is planned to be
discontinued, the owner shall provide written notice to the Borough of its intent to
discontinue use and the date when the use shall be discontinued. Unused or abandoned
based wireless communication facilities or portions of based wireless communication
facilities shall be removed as follows:
1. All unused or abandoned wireless communication facilities and accessory facilities
shall be removed within 6 months of the cessation of operations at the site unless a
time extension is approved by the Borough.
2. If the wireless communication facility and/or accessory facility is not removed
within 6 months of the cessation of operations at a site, or within any longer period
approved by the Borough, the wireless communication facility and accessory
facilities and equipment may be removed by the Borough and the cost of removal
assessed against the owner.
3. Any unused portions of the wireless communication facilities, including antennae,
shall be removed within 6 months of the time of cessation of operations. The
Borough must approve all replacements of portions of a tower-based wireless
communication facility previously removed.
O. Additional antennae. As a condition of approval for all wireless communications
facilities, the applicant shall provide the Borough with a written commitment that it
will allow other service providers to collocate antennae on the wireless
communications facilities where technically and economically feasible. The owner of
a tower-based wireless communications facility shall not install any additional
antennae without obtaining the prior written approval as required in this section.
23-13 WIRELESS FACILITIES
2327 Rev. Ord Supp. 09/2021
P. Environmental. Wireless communication facilities shall comply with all applicable
environmental regulations.
Q. Visual or land use impact. The Land Use Board shall have the discretion to deny an
application for the construction or placement of any wireless communications facility
based upon visual and/or land use impact.
R. Inspection. The Borough shall possess the right to inspect any wireless
communications facility to ensure compliance with the provisions of the Borough Code
or State or federal law. The Borough and/or its agents shall have the authority to enter
the property upon which a wireless communications facility is located at any time, upon
reasonable notice to the operator, to ensure such compliance. If, upon inspection, the
Borough concludes that a tower fails to comply with such codes and standards and
constitutes a danger to persons or property, then upon notice being provided to the
owner of the tower, the owner shall have 30 days to bring such tower into compliance
with such standards. Failure to bring such tower into compliance within said 30 days
shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
S. Setbacks. The following setback requirements shall apply to all towers:
1. Towers must be set back a distance equal to at least 100% of the height of the tower
from any adjoining lot line and all non-appurtenant buildings and structures to
ensure public safety in the event of a collapse or fall of the tower, provided that
distance is no closer than the building setback applicable to the zoning district.
2. Accessory buildings must satisfy the minimum zoning district setback
requirements.
3. No tower shall exist within required buffer or conservation easement areas.
T. Separation distance from tower to tower. No tower shall be within 1,500 feet of another
tower. Tower separation shall be measured from the base of the tower to the base of
the other tower.
U. Insurance requirements. All applicants shall be required to provide proof of and
maintain comprehensive general liability insurance covering the tower-based wireless
communications facility in the minimum coverage amount of $5,000,000.00 for any 1
claim and $10,000,000.00 for any aggregate claim. The insurance policy shall name
the Borough as an additional insured. The existence of any available and/or applicable
insurance shall not waive or release applicant from the obligations set forth required
indemnification agreement included in the application.
V. Fence/screen.
1. A security fence having a maximum height of 8 feet shall completely surround any
tower-based wireless communications facility, guy wires, or any building housing
wireless communications facility equipment.
2. An evergreen screen that consists of a hedge, or a row of evergreen trees shall be
located along the perimeter of the security fence.
23-13 WIRELESS FACILITIES
2328 Rev. Ord Supp. 09/2021
3. The wireless communications facility applicant shall submit a landscape plan for
review and approval by the Borough Commission for all proposed screening.
W. Accessory equipment.
1. Ground-mounted equipment associated to, or connected with, a tower-based
wireless communications facility shall be underground. In the event that an
applicant can demonstrate that the equipment cannot be located underground to the
satisfaction of the Borough Engineer, then the ground mounted equipment shall be
screened from public view using stealth technologies, as described above.
2. All utility buildings and accessory structures shall be architecturally designed to
blend into the environment in which they are situated and shall meet the minimum
setback requirements of the underlying zoning district.
X. Access road. An access road, turnaround space and parking shall be provided to ensure
adequate emergency and service access to tower-based wireless communications
facility. Maximum use of existing roads, whether public or private, shall be made to
the extent practicable. Road construction shall at all times minimize ground disturbance
and the cutting of vegetation. Road grades shall closely follow natural contours to
assure minimal visual disturbance and minimize soil erosion. Where applicable, the
wireless communications facility owner shall present documentation to the Borough
that the property owner has granted an easement for the proposed facility.
Y. Bond. Prior to the issuance of a permit, the owner of a tower-based wireless
communications facility outside the ROW shall, at its own cost and expense, obtain
from a surety licensed to do business in the State and maintain a bond or other form of
security acceptable to the Borough Attorney, in an amount of $500,000 to assure the
faithful performance of the terms and conditions of the Borough Code and as a
guarantee that no such installation or equipment exceeds or will exceed the allowable
FCC limits for radio frequency emissions and radiation exposure to the general public.
The bond shall provide that the Borough may recover from the principal and surety any
and all compensatory damages incurred by the Borough for violations of this Chapter,
after reasonable notice and opportunity to cure. The owner shall file a copy of the bond
with the Borough and the bond shall be held and maintained during the entire period of
the owner’s operation of each wireless communications facility.
Z. Indemnification. All applicants shall be required to execute an indemnification
agreement in the form required and pursuant to which the owner shall agree to defend,
hold harmless, and indemnify the Borough, its officers, employees, agents, attorneys,
volunteers, and independent contracts to the fullest extent under the law.
23-14 WIRELESS FACILITIES
2329 Rev. Ord Supp. 09/2021
23-14 GENERAL REQUIREMENTS FOR NEW CONSTRUCTION AND/OR
INSTALLATION OF ALL WIRELESS COMMUNICATIONS FACILITIES THAT
INCLUDE NEW SMALL WIRELESS FACILITY POLES FOR THE SITING OF
SMALL WIRELESS FACILITIES IN THE ROW, THE COLLOCATION OF NON-
SMALL WIRELESS FACILITIES, NON-SUBSTANTIAL CHANGES TO NON-
SMALL WIRELESS FACILITIES, AND THE COLLOCATION OF AND NON-
SUBSTANTIAL CHANGES TO SMALL WIRELESS FACILITIES.
A. Time, place and manner. The Borough shall determine the time, place, and manner of
construction, maintenance, repair, and/or removal of all wireless communications
facilities based on public safety, traffic management, physical burden on the ROW,
public health, welfare, and safety, and related considerations.
B. Small wireless facilities, collocation, and non-substantial changes to wireless
communications facilities shall be limited to the placement of wireless communications
on utility poles and small wireless facility poles inside the ROW.
C. No small wireless facility poles shall include any visible exterior lighting of any kind.
D. All ROW regulations shall apply to all entities and applicants, regardless of whether
the ROW is owned and/or controlled by the County or the State.
E. The collocation of small wireless facilities on utility poles in the ROW, the replacement
of utility poles to site small wireless facilities in the ROW, and the construction of new
small wireless facility poles in the ROW for the purpose of siting small wireless
facilities in the ROW shall not constitute towers or tower-based wireless
communications facilities and shall comply with the applicable regulations and the
following.
1. No utility poles or small wireless facility poles, inclusive of any and all antennae
and equipment, shall exceed 40 feet in height.
2. No new small wireless facility poles constructed for the purpose of siting small
wireless facilities in the ROW shall be placed within 300 feet of any other existing
utility pole that supports a small wireless facility or any other small wireless facility
pole. The Board of Commissioners may relax this requirement, at its sole and
absolute discretion for any or no reason, to 200 feet.
3. The siting of new small wireless facility poles shall not be greater than 5 feet from
the point where the shared property line between 2 properties and the ROW
intersect. Small wireless facilities in the ROW may be sited by way of replacement
utility poles within 10 feet in non-residential zones and 5 feet in residential zones
from the point of the preexisting utility pole that shall be replaced. All small
wireless facilities, including the foregoing, shall be only permitted in the ROW by
collocation on existing utility poles or replacement of existing utility poles in all
zones if within 15 feet from the point where the shared property line between 2
properties and the ROW intersect.
23-14 WIRELESS FACILITIES
2330 Rev. Ord Supp. 09/2021
4. Where the applicant has demonstrated that an existing utility pole can be used, the
antennae shall be mounted to the existing pole in a manner that preserves the
structural integrity and aesthetics of the pole.
5. The replacement of existing utility poles and siting of small wireless facility poles
shall comply with all applicable federal, State, and local laws and regulations,
including N.J.S.A. 48:17-8.
6. Replacement utility poles shall be fabricated using the same materials as the pole
to be replaced, shall be the same diameter, and shall be placed in the same location.
7. Unless otherwise permitted by the Board of Commissioners, at its discretion, new
small wireless facility poles shall be fabricated using the same materials as the
existing, neighboring utility poles.
8. Panel antennae are not permitted unless the applicant provides evidence that
establishes a cylindrical antenna or antennae are not technically feasible.
9. Only 1 omnidirectional (rod or cannister) antenna and 4 directional antennae panels
shall be permitted per utility pole and small wireless facility pole. No
omnidirectional antenna shall be permitted to exceed 8 feet in height and the width
of the pole by more than a total of 6 inches. No directional antenna panel shall be
permitted to exceed 2 feet in width, 8 feet in height, and 9 inches deep. No parabolic
(disc) antennae shall be permitted on any utility pole or small wireless facility pole.
i. 1 remote radio head (RRH) or remote radio unit (RRU) shall be permitted on
each utility pole or small wireless facility pole. An RRH and RRU is not
considered an antenna.
10. The diameter of small wireless facility poles shall be limited to 4.5 feet.
11. Small wireless facility poles shall be set back from curbs, offset from driveways,
offset from trees, and shall not be located within 10 feet of any energized line.
F. Except as otherwise provided in 23-14.E.2 for small wireless facilities, no wireless
communications facilities, including small wireless facilities, shall be located within
300 feet of any other wireless communications facilities.
G. All ground-level cabinets for wireless communications facilities shall comply with the
following:
1. No ground-level cabinets shall be permitted in any residential zone.
2. Permitted ground-level cabinets shall:
(i) Be less than 28 cubic feet in volume;
(ii) Not be sited in any site triangle and shall not inhibit site at any intersection; and
23-14 WIRELESS FACILITIES
2331 Rev. Ord Supp. 09/2021
(iii) Be located greater than 18 inches of the face of a curb;
(iv) Allow sufficient room for the public to pass and repass across the ROW and
sidewalks.
H. Pole-mounted antennae and cabinets shall comply with the following:
1. Pole-mounted antennae are permitted on utility poles and small wireless facility
poles in all zones, provided that each:
(i) Does not exceed 3 cubic feet in volume;
(ii) Not be sited in any site triangle and shall not inhibit pedestrian and vehicular
site lines at any intersection; and
(iii) Allows sufficient room for the public to pass and repass across the ROW and
sidewalks.
2. Pole-mounted cabinets are permitted on small wireless facility poles and utility
poles, provided that each:
(i) Does not exceed 16 cubic feet;
(ii) Not be sited in any site triangle and shall not inhibit site at any intersection;
(iii) Allows sufficient room for the public to pass and repass across the ROW and
sidewalks, does not diminish the usability of the sidewalks, and otherwise does
not obstruct, impede, or hinder the usual travel or public safety on the ROW;
(iv) Is installed at least 8 feet above the ground, and, if any wireless facilities or
equipment are projecting toward the street or sidewalk, the base of the
attachment shall be installed no less than 17 feet above the street or sidewalk;
(v) No protrusion from the outer circumference of the pole shall be more than 18
inches;
(vi) Is limited to a total volume of all installed equipment external to the pole
(including, but not limited to, cabinets, vaults, boxes, and antennae) that does
not exceed 28 cubic feet, which maximum applies to all equipment installed at
the time of the original application and includes any equipment to be installed
at a future date.
I. Uniform Construction Code; safety standards; standard of care. Any wireless
communications facility shall be designed, constructed, operated, maintained, repaired,
modified, and removed in strict compliance with all current applicable technical, safety,
and safety-related codes, including, but not limited to, the most recent editions of ANSI,
National Electrical Safety Code, National Electrical Code, the State Uniform
Construction Code and the applicable standards for towers that are published by the
Electronic Industries Association, the Borough Code, as well as the accepted and
23-14 WIRELESS FACILITIES
2332 Rev. Ord Supp. 09/2021
responsible workmanlike industry practices of the National Association of Tower
Erectors. Any wireless communications facility shall at all times be kept and
maintained in good condition, order, and repair by qualified maintenance and
construction personnel, so that the same shall not endanger the life of any person or
any property in the Borough.
J. Wind. Wireless communications facilities shall be designed to withstand the effects of
wind according to the standard designed by the American National Standards Institute
as prepared by the engineering departments of the Electronics Industry Association,
and Telecommunications Industry Association.
K. Public safety communications. Wireless communications facilities shall not interfere
with public safety communications or the reception of broadband, television, radio or
other communication services enjoyed by occupants of nearby properties.
L. Aviation safety. Wireless communications facilities shall comply with all federal and
State laws and regulations concerning aviation safety.
M. Radio frequency emissions or radiation. Wireless communications facilities shall not,
by themselves or in conjunction with other wireless communications facilities, generate
radio frequency emissions or radiation in excess of the standards and regulations of the
FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to
Radio Frequency Electromagnetic Fields,” as amended.
N. Separation. Separation distance from wireless communications facilities and antennae.
Except as otherwise provided in 23-14.E.2 for small wireless facilities, no wireless
communication facility or antennae shall be within 300 feet of another. The separation
shall be measured from the base of the utility pole and/or small wireless facility pole to
the base of the other utility pole and/or small wireless facility pole.
O. Noise. Wireless communications facilities shall be operated and maintained so as not
to produce noise in excess of applicable noise standards under State law and the
Borough Code, except in emergency situations requiring the use of a backup generator,
where such noise standards may be exceeded on a temporary basis only.
P. Historic buildings or districts. No wireless communications facility may be located
within 150 feet of any building or structure that is listed on either the National or State
Registers of Historic Places or the official historic structures and/or historic districts
list maintained by the Borough, or has been designated by the Borough as being of
historic significance.
Q. Visual impact and safety. The Borough reserves the right to deny an application for
the construction or placement of any wireless communications facilities based upon
visual and/or land use impact and require design modification as a pre-condition to
approval. No wireless communications facility shall be permitted in any site triangle
or otherwise interfere with site lines and/or the public health, welfare, and safety.
23-14 WIRELESS FACILITIES
2333 Rev. Ord Supp. 09/2021
R. Removal. In the event that use of the wireless communications facility is discontinued,
the owner shall provide written notice to the Borough of its intent to discontinue use
and the date when the use shall be discontinued. Unused or abandoned wireless
communications facilities or portions of wireless communications facilities shall be
removed as follows:
1. All abandoned or unused collocation of and changes to wireless communications
facilities and accessory equipment shall be removed within 3 months of the
cessation of operations at the site unless a time extension is approved by the
Borough;
2. If the wireless communications facilities and accessory equipment is not removed
within 3 months of the cessation of operations at a site, or within any longer period
approved by the Borough, the wireless communications facilities and/or associated
equipment may be removed by the Borough and the cost of removal assessed
against the owner.
S. Maintenance. The following maintenance requirements shall apply:
1. Wireless communications facilities shall be fully automated and unattended on a
daily basis and shall be visited only for maintenance or emergency repair;
2. Such maintenance shall be performed to ensure the upkeep of the facility in order
to promote the safety and security of Borough’s residents;
3. All maintenance activities shall utilize nothing less than the best available
technology for preventing failures and accidents; and
4. Except in the case of documented emergencies, 5-day written notice of any and all
maintenance activities shall be provided to the Chief of Police and the Department
of Public Works. Written notice of emergencies and documented proof of same
shall be provided to the Chief of Police and the Department of Public Works as
soon as practicable, but in no case more than 48 hours from the date of emergency.
T. Bond. Upon approval of the application and prior to the issuance of a permit, the owner
of each wireless communications facility shall, at its own cost and expense, obtain from
a surety licensed to do business in the State and maintain a bond, or other form of
security acceptable to the Borough Attorney, in an amount of $10,000 for each such
wireless communications facility to assure the faithful performance of the terms and
conditions of the Borough Code and as a guarantee that no such installation or
equipment exceeds or will exceed the allowable FCC limits for radio frequency
emissions and radiation exposure to the general public. The bond shall provide that the
Borough may recover from the principal and surety any and all compensatory damages
incurred by the Borough for violations, after reasonable notice and opportunity to cure.
The owner shall file a copy of the bond with the Borough and the bond shall be held
and maintained during the entire period of the owner’s operation of each wireless
communications facility.
23-14 WIRELESS FACILITIES
2334 Rev. Ord Supp. 09/2021
U. Inspection. The Borough shall possess the right to inspect any wireless
communications facility to ensure compliance. The Borough and/or its agents shall
have the authority to enter the property upon which a wireless communications facility
is located at any time, upon reasonable notice to the operator, to ensure such
compliance. If, upon inspection, the Borough concludes that a tower fails to comply
with such codes and standards and constitutes a danger to persons or property, then
upon notice being provided to the owner of the tower, the owner shall have 30 days to
bring such tower into compliance with such standards. Failure to bring such tower into
compliance within said 30 days shall constitute grounds for the removal of the tower
or antenna at the owner’s expense.
V. Insurance requirements. All applicants shall be required to provide proof of and
maintain comprehensive general liability insurance covering the wireless
communications facility in the minimum coverage amount of $2,000,000.00 for any
one claim and $3,000,000.00 for any aggregate claim for each wireless
communications facility location. The insurance policy shall name the Borough as an
additional insured. The existence of any available and/or applicable insurance shall not
waive or release applicant from the obligations set forth required indemnification
agreement included in the application.
W. Indemnification. All applicants shall be required to execute an indemnification
agreement in the form required and pursuant to which the owner shall agree to defend,
hold harmless, and indemnify the Borough, its officers, employees, agents, attorneys,
volunteers, and independent contracts to the fullest extent under the law.
23-15 WIRELESS FACILITIES
2335 Rev. Ord Supp. 09/2021
23-15 EXISTING NONCONFORMING ANTENNAS OR TOWERS; DAMAGED.
Nonconforming wireless communications facilities, antennas, or wireless communications support
structures that are damaged or destroyed may not be rebuilt without having to first obtain the
appropriate approval from the appropriate approving authority and without having to meet the
requirements specified in this section.
23-16 RELOCATION OR REMOVAL OF FACILITIES.
Within 60 days following written notice from Borough, or such longer period as the Borough
determines is reasonably necessary or such shorter period in the case of an emergency, an owner
of utility pole-based wireless communications facility in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change, or alter the position of any wireless
communications facility when the Borough, consistent with its police powers and applicable
regulations, shall determine that such removal, relocation, change, or alteration is reasonably
necessary under the following circumstances:
1. The construction, repair, maintenance or installation of any Borough or other public
improvement in the ROW;
2. The operations of the Borough or other governmental entity in the ROW;
3. Vacation of a street or road or the release of a utility easement; and/or
4. An emergency as determined by Borough.
23-17 WIRELESS FACILITIES
2336 Rev. Ord Supp. 09/2021
23-17 ANNUAL RECERTIFICATION REQUIREMENTS FOR ALL WIRELESS
COMMUNICATIONS FACILITIES.
All wireless communications facilities shall comply with the following annual re-certification
requirements.
A. Each year on July 1, the owner shall submit an affidavit which shall list all active
wireless communications facilities it owns within the Borough by location and
certifying that (a) the required insurance is maintained and provide a copy of the
certificate of insurance per installation and (b) certify that each wireless
communications facility has been inspected for safety and found to be in sound working
condition and in compliance with all federal safety regulations concerning radio
frequency exposure limits.
B. The Borough shall have the right to employ a qualified radio frequency engineer to
conduct an annual random test of wireless communications facilities to ensure their
compliance with all FCC radio-frequency emission limits as they pertain to exposure
to the general public. The cost of such tests shall be paid by the owner of the wireless
communications facilities.
1. In the event that such independent tests reveal that a wireless communications
facility is emitting radio frequency emissions or radiation in excess of FCC
exposure guidelines as they pertain to the general public, the Borough shall notify
the owner and all residents living within 1500 feet of the wireless communication
facility of the violation, and the owner shall have forty-eight (48) hours to bring the
wireless communications facility into compliance. Failure to bring the wireless
communications facility into compliance shall result in the forfeiture of the bond,
and the Borough shall have the right to (1) terminate the approval and/or (2) require
the removal of such wireless communications facilities in the sole discretion of the
Borough.
C. The owner shall pay an annual fee set forth in subsection 23-6 per active wireless
communications facility.
D. Any wireless communications facility that is no longer in use shall be removed by the
owner within 60 days of submission of the annual re-certification affidavit, at the
owner’s expense.
1. Any wireless communications facility that is not removed within 60 days after
being listed as no longer in use in the annual re-certification affidavit shall be
subject to a fine of $100/day until such installation is removed.
E. Where such annual recertification has not been timely submitted, or equipment no
longer in use has not been removed within the required 60-day period, no further
applications for wireless communications facilities shall be accepted until such time as
the annual re-certification has been submitted and all fees and fines paid.
23-18 WIRELESS FACILITIES
2337 Rev. Ord Supp. 09/2021
23-18 NON-PERMITTED INSTALLATIONS.
Any wireless communications facilities constructed, erected, modified or enhanced prior to the
issuance of the required approval set forth in this Chapter shall be removed prior to the
submission of an application. No consideration of any application for a wireless communications
facility shall be made, and no so-called “shot clock” for approval shall commence while such
unauthorized installations remain.
23-19 ENFORCEMENT, VIOLATIONS, AND PENALTIES.
A. A separate and distinct violation shall be deemed to be committed each day on which
a violation occurs or continues to occur. In addition to an action to enforce any penalty
imposed by this Chapter and any other remedy at law or in equity, the Borough may
apply to a Federal District Court for an injunction or other appropriate relief at law or
in equity to enforce compliance with or restrain violation of any provision of this
Chapter.
B. A violation of this Chapter shall be punishable as provided in Chapter 3-9 of the
Borough Code.
23-20 MISCELLANEOUS.
A. Police Powers. The Borough, by granting any permit or taking any other action
pursuant to this section, does not waive, reduce, lessen, or impair the lawful police
powers vested in the Borough under applicable federal, state, and local laws and
regulations.
2401 Rev. Ord. Supp. 12/2021
CHAPTER XXIV
FLOODPLAIN MANAGEMENT REGULATIONS
RECITALS.
WHEREAS the Legislature of the State of New Jersey has, in N.J.S.A. 40:48 et seq and
N.J.S.A. 40:55D et seq., conferred upon local governments the authority to adopt regulations
designed to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of Harvey Cedars and such areas may be subject to periodic
inundation which may result in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect the public health, safety and
general welfare, and
WHEREAS the Borough of Harvey Cedars was accepted for participation in the National
Flood Insurance Program on April 2, 1971 and the Governing Body desires to continue to meet
the requirements of Title 44 Code of Federal Regulations, Sections 59, 60, 65, and 70 necessary
for such participation; and
WHEREAS the Borough of Harvey Cedars is required, pursuant to N.J.S.A. 5:23 et seq.,
to administer and enforce the State building codes, and such building codes contain certain
provisions that apply to the design and construction of buildings and structures in flood hazard
areas; and
WHEREAS the Borough of Harvey Cedars is required, pursuant to N.J.S.A. 40:49-5, to
enforce zoning codes that secure safety from floods and contain certain provisions that apply to
the development of lands; and
WHEREAS the Borough of Harvey Cedars is required, pursuant to N.J.S.A.58:16A-57,
within 12 months after the delineation of any flood hazard area, to adopt rules and regulations
concerning the development and use of land in the flood fringe area which at least conform to the
standards promulgated by the New Jersey Department of Environmental Protection (NJDEP).
EFFECTIVE DATE.
This Ordinance shall become effective on December 16, 2021.
24-1 FLOODPLAIN MANAGEMENT
2402 Rev. Ord. Supp. 12/2021
24-1 SCOPE AND ADMINISTRATION.
24-1.1 Title. These regulations, in combination with the flood provisions of the Uniform
Construction Code (UCC) N.J.A.C. 5:23 (hereinafter “Uniform Construction Code,” consisting
of the Building Code, Residential Code, Rehabilitation Subcode, Chapter 12 of the General
Ordinances of the Borough of Harvey Cedars, and related codes, and the New Jersey Flood Hazard
Area Control Act (hereinafter “FHACA”), N.J.A.C. 7:13, shall be known as the Floodplain
Management Regulations of the Borough of Harvey Cedars (hereinafter “these regulations”).
24-1.2 Scope. These regulations, in combination with the flood provisions of the Uniform
Construction Code, FHACA, and the Borough of Harvey Cedars ordinances, shall apply to all
proposed development in flood hazard areas established in Section 24-2 of these regulations.
24-1.3 Purposes and objectives. The purposes and objectives of these regulations are to
promote the public health, safety and general welfare and to minimize public and private losses
due to flood conditions in specific flood hazard areas through the establishment of comprehensive
regulations for management of flood hazard areas, designed to:
1. Protect human life and health.
2. Prevent unnecessary disruption of commerce, access, and public service during times of
flooding.
3. Manage the alteration of natural floodplains, stream channels and shorelines;
4. Manage filling, grading, dredging and other development which may increase flood
damage or erosion potential.
5. Prevent or regulate the construction of flood barriers which will divert floodwater or
increase flood hazards.
6. Contribute to improved construction techniques in the floodplain.
7. Minimize damage to public and private facilities and utilities.
8. Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas.
9. Minimize the need for rescue and relief efforts associated with flooding.
10. Ensure that property owners, occupants, and potential owners are aware of property
located in flood hazard areas.
11. Minimize the need for future expenditure of public funds for flood control projects and response
to and recovery from flood events.
12. Meet the requirements of the National Flood Insurance Program for community participation
set forth in Title 44 Code of Federal Regulations, Section 59.22.
24-1 FLOODPLAIN MANAGEMENT
2403 Rev. Ord. Supp. 12/2021
24-1.4 Coordination with Building Codes. Pursuant to the requirement established in
N.J.A.C. 5:23, the Uniform Construction Code, that the Borough of Harvey Cedars administer
and enforce the State building codes, the Governing Body of Harvey Cedars does hereby
acknowledge that the Uniform Construction Code contains certain provisions that apply to the
design and construction of buildings and structures in flood hazard areas. Therefore, these
regulations are intended to be administered and enforced in conjunction with the Uniform
Construction Code.
24-1.5 Ordinary Building Maintenance and Minor Work. Improvements defined as
ordinary building maintenance and minor work projects by the Uniform Construction Code
including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures,
decks, walls, partitions, new flooring materials, roofing, etc. shall be evaluated by the Floodplain
Administrator through the floodplain development permit to ensure compliance with the
Substantial Damage and Substantial Improvement Section 24-3.14 of this ordinance.
24-1.6 Warning. The degree of flood protection required by these regulations is considered
reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur. Flood heights may be increased by man-made or natural causes.
Enforcement of these regulations does not imply that land outside the special flood hazard areas, or
that uses permitted within such flood hazard areas, will be free from flooding or flood damage.
24-1.7 Other laws. The provisions of these regulations shall not be deemed to nullify any
provisions of local, State, or Federal law.
24-1.8 Violations and Penalties for Noncompliance. No structure or land shall hereafter be
constructed, re-located to, extended, converted, or altered without full compliance with the terms
of this ordinance and other applicable regulations. Violation of the provisions of this ordinance
by failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with conditions) shall constitute a misdemeanor under
N.J.S.A. 40:49-5. Any person who violates this ordinance or fails to comply with any of its
requirements shall be subject to one (1) or more of the following: a fine of not more than $1250,
imprisonment for a term not exceeding ninety (90) days or a period of community service not
exceeding 90 days, in the discretion of the court designated by Harvey Cedars to hear
misdemeanors.
Each day in which a violation of an ordinance exists shall be considered to be a separate and
distinct violation subject to the imposition of a separate penalty for each day of the violation as
the Court may determine except that the owner will be afforded the opportunity to cure or abate
the condition during a 30-day period and shall be afforded the opportunity for a hearing before
the court for an independent determination concerning the violation. Subsequent to the expiration
of the 30 day period, a fine greater than $1250 may be imposed if the court has not determined
otherwise, or if upon reinspection of the property, it is determined that the abatement has not been
substantially completed.
24-1 FLOODPLAIN MANAGEMENT
2404 Rev. Ord. Supp. 12/2021
Any person who is convicted of violating an ordinance within one year of the date of a
previous violation of the same ordinance and who was fined for the previous violation, shall be
sentenced by a 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 ordinance, but shall be calculated separately from the
fine imposed for the violation of the ordinance. The Commissioners, at their discretion, may
choose not to impose an additional fine upon a person for a repeated violation of this ordinance
and may waive the additional fine by ordinance or resolution.
Any person convicted of the violation of any ordinance may, in the discretion of the court by
which he was convicted, and in default of the payment of any fine imposed therefore, be
imprisoned in the county jail or place of detention provided by the municipality, for any term not
exceeding 90 days, or be required to perform community service for a period not exceeding 90
days.
1. Solid Waste Disposal in a Flood Hazard Area. Any person who has unlawfully disposed
of solid waste in a floodway or floodplain who fails to comply with this ordinance or fails
to comply with any of its requirements shall upon conviction thereof be fined not more
than $2500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A.
40:49-5.
24-1.9 Abrogation and greater restrictions. These regulations supersede any ordinance in
effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any
existing ordinances including land development regulations, subdivision regulations, zoning
ordinances, stormwater management regulations, or building codes. In the event of a conflict
between these regulations and any other ordinance, code, or regulation, the more restrictive shall
govern.
24-2 FLOODPLAIN MANAGEMENT
2405 Rev. Ord. Supp. 12/2021
24-2. APPLICABILITY.
24-2.1 General. These regulations, in conjunction with the Uniform Construction Code,
provide minimum requirements for development located in flood hazard areas, including the
subdivision of land and other developments; site improvements and installation of utilities;
placement and replacement of manufactured homes; placement of recreational vehicles; new
construction and alterations, repair, reconstruction, rehabilitation or additions of existing
buildings and structures; substantial improvement of existing buildings and structures, including
repair of substantial damage; installation of tanks; temporary structures and temporary or
permanent storage; utility and miscellaneous Group U buildings and structures; and certain
building work exempt from permit under the Uniform Construction Code; and other buildings and
development activities.
24-2.2 Establishment of Flood Hazard Areas. The Borough of Harvey Cedars was
accepted for participation in the National Flood Insurance Program on April 2, 1971.
The National Flood Insurance Program (NFIP) floodplain management regulations encourage that
all Federal, State, and Local regulations that are more stringent than the minimum NFIP standards
take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance
Rate Map, most recent preliminary FEMA mapping and flood studies, and Department
delineations be compared to determine the most restrictive mapping. The FHACA also regulates
unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian
zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New
Jersey may be more expansive and more restrictive than the FEMA Special Flood Hazard Area.
Maps and studies that establish flood hazard areas are on file at the Borough Hall, 7606 Long
Beach Blvd., Harvey Cedars in the Office of the Floodplain Administrator.
The following sources identify flood hazard areas in this jurisdiction and must be considered when
determining the Best Available Flood Hazard Data Area:
1) Effective Flood Insurance Study. Special Flood Hazard Areas (SFHAs) identified by
the Federal Emergency Management Agency in a scientific and engineering report entitled
“Flood Insurance Study, Ocean County, New Jersey “All Jurisdictions” dated September
26, 2006 and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table
24-2.2(1) whose effective date is September 26, 2006 are hereby adopted by reference.
Table 24-2.2(1)
Map Panel # Effective
Date
Revision Letter
34029CIND1B 06/20/2018
34029CIND2B 06/20/2018
34029C0509F 09/29/2006
34029C0517F 09/29/2006
24-2 FLOODPLAIN MANAGEMENT
2406 Rev. Ord. Supp. 12/2021
2) Federal Best Available Information. Harvey Cedars shall utilize Federal flood
information as listed in the table below that provides more detailed hazard information,
higher flood elevations, larger flood hazard areas, and results in more restrictive
regulations. This information may include but is not limited to preliminary flood elevation
guidance from FEMA (such as Advisory Flood Hazard Area Maps, Work Maps or
Preliminary FIS and FIRM). Additional Federal Best Available studies issued after the
date of this ordinance must also be considered. These studies are listed on FEMA’s Map
Service Center. This information shall be used for floodplain regulation purposes only.
Table 24-2.2(2)
Map Panel # Preliminary
Date
Map
Panel #
Preliminary
Date
34029CIND1C 12/16/2001
34029CIND2C 12/16/2021
34029C0508G 12/16/2021
34029C0509G 12/16/2021
3) Other Best Available Data. Harvey Cedars shall utilize high water elevations from flood
events, groundwater flooding areas, studies by federal or state agencies, or other
information deemed appropriate by the Borough of Harvey Cedars. Other “best available
information” may not be used which results in less restrictive flood elevations, design
standards, or smaller flood hazard areas than the sources described in Section 24-2.2 (1)
and (2), above. This information shall be used for floodplain regulation purposes only.
24-2.3 Establishing the Local Design Flood Elevation (LDFE).
The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in
Section 24-2.2, above, using the best available flood hazard data sources, and the Flood Hazard
Area Control Act minimum Statewide elevation requirements for lowest floors in A, Coastal A,
and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus
additional freeboard as specified by this ordinance.
At a minimum, the Local Design Flood Elevation shall be as follows:
1) For a delineated watercourse, including AE Zones, the elevation associated with the Best
Available Flood Hazard Data Area determined in Section 24-2.2, above plus one foot or
as described by N.J.A.C. 7:13 or
2) For any undelineated watercourse (where mapping or studies described in 24-2.2 (1) and
(2) above are not available) that has a contributary drainage area of 50 acres or more, the
applicants must provide one of the following to determine the Local Design Flood
Elevation:
a. A copy of an unexpired NJDEP Flood Hazard Area Verification plus one (1)
additional foot of freeboard or
24-2 FLOODPLAIN MANAGEMENT
2407 Rev. Ord. Supp. 12/2021
b. A determination of the Flood Hazard Area Design Flood Elevation using Method
5 or Method 6 (as described in N.J.A.C. 7:13) which includes one foot of freeboard
and is sealed and submitted according to Section 24-5.2-3.
3) AO Zones – For Zone AO areas on the municipality’s FIRM (or on preliminary flood
elevation guidance from FEMA), the Local Design Flood Elevation is determined from
the FIRM panel as the highest adjacent grade plus the depth number specified plus one
foot of freeboard. If no depth number is specified, the Local Design Flood Elevation is
three (3) feet above the highest adjacent grade.
4) Class IV Critical Facilities - For any proposed development of new and substantially
improved Flood Design Class IV Critical Facilities, the Local Design Flood Elevation
must be the higher of the 0.2% annual chance (500 year) flood elevation or the Flood
Hazard Area Design Flood Elevation with an additional 2 feet of freeboard in accordance
with ASCE 24.
5) Class III Critical Facilities - For proposed development of new and substantially improved
Flood Design Class III Critical Facilities in coastal high hazard areas, the Local Design
Flood Elevation must be the higher of the 0.2% annual chance (500 year) flood elevation
or the Flood Hazard Area Design Flood Elevation with an additional 1 foot of freeboard
in accordance with ASCE 24.
24-3 FLOODPLAIN MANAGEMENT
2408 Rev. Ord. Supp. 12/2021
24-3 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR.
24-3.1 Floodplain Administrator Designation. The Construction Official is designated the
Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate
performance of certain duties to other employees.
24-3.2 General. The Floodplain Administrator is authorized and directed to administer the
provisions of these regulations. The Floodplain Administrator shall have the authority to render
interpretations of these regulations consistent with the intent and purpose of these regulations and
to establish policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies and procedures shall be consistent with the intent and purpose of these
regulations and the flood provisions of the building code and shall not have the effect of waiving
specific requirements without the granting of a variance pursuant to Section 24-7 of these
regulations.
24-3.3 Coordination. The Floodplain Administrator shall coordinate with the Construction
Official to administer and enforce the flood provisions of the Uniform Construction Code.
24-3.4 Duties. The duties of the Floodplain Administrator shall include but are not limited to:
1. Review all permit applications to determine whether proposed development is located
in flood hazard areas established in Section 24-2 of these regulations.
2. Require development in flood hazard areas to be reasonably safe from flooding and to
be designed and constructed with methods, practices and materials that minimize flood
damage.
3. Interpret flood hazard area boundaries and provide available flood elevation and flood
hazard information.
4. Determine whether additional flood hazard data shall be obtained or developed.
5. Review required certifications and documentation specified by these regulations and
the building code to determine that such certifications and documentations are
complete.
6. Establish, in coordination with the Construction Official, written procedures for
administering and documenting determinations of substantial improvement and
substantial damage made pursuant to Section 24-3.14 of these regulations.
7. Coordinate with the Construction Official and others to identify and investigate
damaged buildings located in flood hazard areas and inform owners of the requirement
to obtain permits for repairs.
8. Review requests submitted to the Construction Official seeking approval to modify
the strict application of the flood load and flood resistant construction requirements of
the Uniform Construction code to determine whether such requests require
consideration as a variance pursuant to Section 24-7 of these regulations.
24-3 FLOODPLAIN MANAGEMENT
2409 Rev. Ord. Supp. 12/2021
9. Require applicants who submit hydrologic and hydraulic engineering analyses to
support permit applications to submit to FEMA the data and information necessary to
maintain the Flood Insurance Rate Maps when the analyses propose to change base
flood elevations, flood hazard area boundaries, or floodway designations; such
submissions shall be made within 6 months of such data becoming available.
10. Require applicants who propose alteration of a watercourse to notify adjacent
jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such
notifications to the Federal Emergency Management Agency (FEMA).
11. Inspect development in accordance with Section 24-6 of these regulations and inspect
flood hazard areas to determine if development is undertaken without issuance of
permits.
12. Prepare comments and recommendations for consideration when applicants seek
variances in accordance with Section 24-7 of these regulations.
13. Cite violations in accordance with Section 24-8 of these regulations.
14. Notify the Federal Emergency Management Agency when the corporate boundaries of
Harvey Cedars have been modified.
15. Permit Ordinary Maintenance and Minor Work in the regulated areas discussed in
Section 24-2.2.
24-3.5 Use of changed technical data. The Floodplain Administrator and the applicant shall
not use changed flood hazard area boundaries or base flood elevations for proposed buildings or
developments unless the Floodplain Administrator or applicant has applied for a Conditional
Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has
received the approval of the Federal Emergency Management Agency. A revision of the effective
FIRM does not remove the related feature(s) on a flood hazard area delineation that has been
promulgated by the NJDEP. A separate application must be made to the State pursuant to N.J.A.C.
7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit,
and/or other related feature.
24-3.6 Other permits. It shall be the responsibility of the Floodplain Administrator to assure
that approval of a proposed development shall not be given until proof that necessary permits
have been granted by Federal or State agencies having jurisdiction over such development,
including section 404 of the Clean Water Act. In the event of conflicting permit requirements, the
Floodplain Administrator must ensure that the most restrictive floodplain management standards
are reflected in permit approvals.
24-3.7 Determination of Local Design Flood Elevations. If design flood elevations are not
specified, the Floodplain Administrator is authorized to require the applicant to:
1. Obtain, review, and reasonably utilize data available from a Federal, State, or other
source, or
24-3 FLOODPLAIN MANAGEMENT
2410 Rev. Ord. Supp. 12/2021
2. Determine the design flood elevation in accordance with accepted hydrologic and
hydraulic engineering techniques. Such analyses shall be performed and sealed by a
licensed professional engineer. Studies, analyses, and computations shall be submitted
in sufficient detail to allow review and approval by the Floodplain Administrator. The
accuracy of data submitted for such determination shall be the responsibility of the
applicant.
It shall be the responsibility of the Floodplain Administrator to verify that the applicant’s proposed
Best Available Flood Hazard Data Area and the Local Design Flood Elevation in any development
permit accurately applies the best available flood hazard data and methodologies for determining
flood hazard areas and design elevations described in 24-2.2 and 24-2.3 respectively. This
information shall be provided to the Construction Official and documented according to Section
24-3.15.
24-3.8 Requirement to submit new technical data. Base Flood Elevations may increase or
decrease resulting from natural changes (e.g. erosion, accretion, channel migration, subsidence,
uplift) or man-made physical changes (e.g. dredging, filling, excavation) affecting flooding
conditions. As soon as practicable, but not later than six months after the date of a man-made
change or when information about a natural change becomes available, the Floodplain
Administrator shall notify the Federal Insurance Administrator of the changes by submitting
technical or scientific data in accordance with Title 44 Code of Federal Regulations Section 65.3.
Such a submission is necessary so that upon confirmation of those physical changes affecting
flooding conditions, risk premium rates and floodplain management requirements will be based
upon current data.
24-3.9 Activities in riverine flood hazard areas. In riverine flood hazard areas where design
flood elevations are specified but floodways have not been designated, the Floodplain
Administrator shall not permit any new construction, substantial improvement or other
development, including the placement of fill, unless the applicant submits an engineering analysis
prepared by a licensed professional engineer that demonstrates that the cumulative effect of the
proposed development, when combined with all other existing and anticipated flood hazard area
encroachment, will not increase the design flood elevation more than 0.2 feet at any point within
the community.
24-3.10 Floodway encroachment. Prior to issuing a permit for any floodway encroachment,
including fill, new construction, substantial improvements and other development or land-
disturbing-activity, the Floodplain Administrator shall require submission of a certification
prepared by a licensed professional engineer, along with supporting technical data, that
demonstrates that such development will not cause any increase in the base flood level.
1) Floodway revisions. A floodway encroachment that increases the level of the base
flood is authorized if the applicant has applied for a Conditional Letter of Map
Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the
approval of FEMA.
24-3 FLOODPLAIN MANAGEMENT
2411 Rev. Ord. Supp. 12/2021
24-3.11 Watercourse alteration. Prior to issuing a permit for any alteration or relocation of
any watercourse, the Floodplain Administrator shall require the applicant to provide notification
of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as
the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy
of the notification shall be maintained in the permit records and submitted to FEMA.
1) Engineering analysis. The Floodplain Administrator shall require submission of an
engineering analysis prepared by a licensed professional engineer, demonstrating that
the flood-carrying capacity of the altered or relocated portion of the watercourse will
be maintained, neither increased nor decreased. Such watercourses shall be maintained
in a manner that preserves the channel's flood-carrying capacity.
24-3.12 Alterations in coastal areas. The excavation or alteration of sand dunes is governed
by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood
damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal
A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained
and included in the flood damage prevention permit application. The applicant shall also provide
documentation of any engineering analysis, prepared by a licensed professional engineer, that
demonstrates that the proposed alteration will not increase the potential for flood damage.
24-3.13 Development in riparian zones. All development in Riparian Zones as described in
N.J.A.C. 7:13 is prohibited by this ordinance unless the applicant has received an individual or
general permit or has complied with the requirements of a permit by rule or permit by certification
from NJDEP Division of Land Resource Protection prior to application for a floodplain
development permit and the project is compliant with all other Floodplain Development
provisions of this ordinance. The width of the riparian zone can range between 50 and 300 feet
and is determined by the attributes of the waterbody and designated in the New Jersey Surface
Water Quality Standards N.J.A.C. 7:9B. The portion of the riparian zone located outside of a
regulated water is measured landward from the top of bank. Applicants can request a verification
of the riparian zone limits or a permit applicability determination to determine State permit
requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.
24-3.14 Substantial improvement and substantial damage determinations. When
buildings and structures are damaged due to any cause including but not limited to man-made,
structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as
described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and
structures, including alterations, movement, repair, additions, rehabilitations, renovations,
ordinary maintenance and minor work, substantial improvements, repairs of substantial damage,
and any other improvement of or work on such buildings and structures, the Floodplain
Administrator, in coordination with the Construction Official, shall:
1. Estimate the market value, or require the applicant to obtain a professional appraisal
prepared by a qualified independent appraiser, of the market value of the building or
structure before the start of construction of the proposed work; in the case of repair,
the market value of the building or structure shall be the market value before the
damage occurred and before any repairs are made.
24-3 FLOODPLAIN MANAGEMENT
2412 Rev. Ord. Supp. 12/2021
2. Determine and include the costs of all ordinary maintenance and minor work, as
discussed in Section 24-2.2, performed in the floodplain regulated by this ordinance in
addition to the costs of those improvements regulated by the Construction Official in
substantial damage and substantial improvement calculations.
3. Compare the cost to perform the improvement, the cost to repair the damaged building
to its pre-damaged condition, or the combined costs of improvements and repairs,
where applicable, to the market value of the building or structure.
4. Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage. This determination requires the
evaluation of previous permits issued for improvements and repairs.
5. Notify the applicant in writing when it is determined that the work constitutes
substantial improvement or repair of substantial damage and that compliance with the
flood resistant construction requirements of the building code is required and notify
the applicant in writing when it is determined that work does not constitute substantial
improvement or repair of substantial damage. The Floodplain Administrator shall also
provide all letters documenting substantial damage and compliance with flood
resistant construction requirements of the building code to the NJDEP Bureau of Flood
Engineering.
24-3.15 Department records. In addition to the requirements of the building code and these
regulations, and regardless of any limitation on the period required for retention of public records,
the Floodplain Administrator shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of these regulations and the flood
provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance
Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records
of issuance of permits and denial of permits; records of ordinary maintenance and minor work,
determinations of whether proposed work constitutes substantial improvement or repair of
substantial damage; required certifications and documentation specified by the Uniform
Construction Code and these regulations including as-built Elevation Certificates; notifications to
adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that
the flood carrying capacity of altered waterways will be maintained; documentation related to
variances, including justification for issuance or denial; and records of enforcement actions taken
pursuant to these regulations and the flood resistant provisions of the Uniform Construction Code.
The Floodplain Administrator shall also record the required elevation, determination method, and
base flood elevation source used to determine the Local Design Flood Elevation in the floodplain
development permit.
24-3.16 Liability. The Floodplain Administrator and any employee charged with the
enforcement of these regulations, while acting for the jurisdiction in good faith and without malice
in the discharge of the duties required by these regulations or other pertinent law or ordinance,
shall not thereby be rendered liable personally and is hereby relieved from personal liability for
any damage accruing to persons or property as a result of any act or by reason of an act or
omission in the discharge of official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful discharge of duties and
under the provisions of these regulations shall be defended by legal representative of the
jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any
subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in
pursuance of the provisions of these regulations.
24-4 FLOODPLAIN MANAGEMENT
2413 Rev. Ord. Supp. 12/2021
24-4 PERMITS.
24-4.1 Permits Required. Any person, owner or authorized agent who intends to conduct
any development in a flood hazard area shall first make application to the Floodplain
Administrator and shall obtain the required permit. Depending on the nature and extent of proposed
development that includes a building or structure, the Floodplain Administrator may determine that a
floodplain development permit or approval is required in addition to a building permit.
1. Application for permit. The applicant shall file an application in writing on a form
furnished by the Floodplain Administrator. Such application shall:
a. Identify and describe the development to be covered by the permit.
b. Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and
definitively locate the site.
c. Indicate the use and occupancy for which the proposed development is intended.
d. Be accompanied by a site plan and construction documents as specified in Section
24-5 of these regulations, grading and filling plans and other information deemed
appropriate by the Floodplain Administrator.
e. State the valuation of the proposed work, including the valuation of ordinary
maintenance and minor work.
f. Be signed by the applicant or the applicant's authorized agent.
2. Validity of permit. The issuance of a permit under these regulations or the Uniform
Construction Code shall not be construed to be a permit for, or approval of, any
violation of this appendix or any other ordinance of the jurisdiction. The issuance of a
permit based on submitted documents and information shall not prevent the Floodplain
Administrator from requiring the correction of errors. The Floodplain Administrator
is authorized to prevent occupancy or use of a structure or site which is in violation of
these regulations or other ordinances of this jurisdiction.
3. Expiration. A permit shall become invalid when the proposed development is not
commenced within 180 days after its issuance, or when the work authorized is
suspended or abandoned for a period of 180 days after the work commences.
Extensions shall be requested in writing and justifiable cause demonstrated. The
Floodplain Administrator is authorized to grant, in writing, one or more extensions of
time, for periods not more than 180 days each.
4. Suspension or revocation. The Floodplain Administrator is authorized to suspend or
revoke a permit issued under these regulations wherever the permit is issued in error
or on the basis of incorrect, inaccurate or incomplete information, or in violation of
any ordinance or code of this jurisdiction.
24-5 FLOODPLAIN MANAGEMENT
2414 Rev. Ord. Supp. 12/2021
24-5 SITE PLANS AND CONSTRUCTION DOCUMENTS.
24-5.1 Information for development in flood hazard areas. The site plan or construction
documents for any development subject to the requirements of these regulations shall be drawn to
scale and shall include, as applicable to the proposed development:
1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood
elevation(s), and ground elevations when necessary for review of the proposed
development. For buildings that are located in more than one flood hazard area, the
elevation and provisions associated with the most restrictive flood hazard area shall
apply.
2. Where base flood elevations or floodway data are not included on the FIRM or in the
Flood Insurance Study, they shall be established in accordance with Section 24-5.2.
3. Where the parcel on which the proposed development will take place will have more
than 50 lots or is larger than 5 acres and base flood elevations are not included on the
FIRM or in the Flood Insurance Study, such elevations shall be established in
accordance with Section 24-5.2(3) of these regulations.
4. Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas and Coastal A zones, new
buildings shall be located landward of the reach of mean high tide.
5. Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
6. Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose. The applicant shall provide an engineering certification confirming that the
proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.
7. Extent of any proposed alteration of sand dunes.
8. Existing and proposed alignment of any proposed alteration of a watercourse.
9. Floodproofing certifications, V Zone and Breakaway Wall Certifications, Operations
and Maintenance Plans, Warning and Evacuation Plans and other documentation
required pursuant to FEMA publications.
The Floodplain Administrator is authorized to waive the submission of site plans, construction
documents, and other data that are required by these regulations but that are not required to be
prepared by a registered design professional when it is found that the nature of the proposed
development is such that the review of such submissions is not necessary to ascertain compliance.
24-5.2 Information in flood hazard areas without base flood elevations (approximate
Zone A).
Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood
elevation data have not been provided, the applicant shall consult with the Floodplain
Administrator to determine whether to:
24-5 FLOODPLAIN MANAGEMENT
2415 Rev. Ord. Supp. 12/2021
1. Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction
with Appendix 1 of the FHACA to determine the required flood elevation.
2. Obtain, review, and reasonably utilize data available from a Federal, State or other
source when those data are deemed acceptable to the Floodplain Administrator to
reasonably reflect flooding conditions.
3. Determine the base flood elevation in accordance with accepted hydrologic and
hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13.
Such analyses shall be performed and sealed by a licensed professional engineer.
Studies, analyses, and computations shall be submitted in sufficient detail to allow review and
approval by the Floodplain Administrator prior to floodplain development permit issuance. The
accuracy of data submitted for such determination shall be the responsibility of the applicant.
Where the data are to be used to support a Letter of Map Change (LOMC) from FEMA, the
applicant shall be responsible for satisfying the submittal requirements and pay the processing
fees.
24-5.3 Analyses and certifications by a Licensed Professional Engineer. As applicable to
the location and nature of the proposed development activity, and in addition to the requirements
of this section, the applicant shall have the following analyses signed and sealed by a licensed
professional engineer for submission with the site plan and construction documents:
1. For development activities proposed to be located in a regulatory floodway, a
floodway encroachment analysis that demonstrates that the encroachment of the
proposed development will not cause any increase in base flood elevations; where the
applicant proposes to undertake development activities that do increase base flood
elevations, the applicant shall submit such analysis to FEMA as specified in Section
24-5.4 of these regulations and shall submit the Conditional Letter of Map Revision,
if issued by FEMA, with the site plan and construction documents.
2. For development activities proposed to be located in a riverine flood hazard area where
base flood elevations are included in the FIS or FIRM but floodways have not been
designated, hydrologic and hydraulic analyses that demonstrate that the cumulative
effect of the proposed development, when combined with all other existing and
anticipated flood hazard area encroachments will not increase the base flood elevation
more than 0.2 feet at any point within the jurisdiction. This requirement does not apply
in isolated flood hazard areas not connected to a riverine flood hazard area or in flood
hazard areas identified as Zone AO or Zone AH.
3. For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices which demonstrates that the flood-carrying capacity of
the altered or relocated portion of the watercourse will not be decreased, and
certification that the altered watercourse shall be maintained, neither increasing nor
decreasing the channel's flood-carrying capacity. The applicant shall submit the
analysis to FEMA as specified in Section 24-5.4 of these regulations. The applicant
shall notify the chief executive officer of all affected adjacent jurisdictions, the
NJDEP’s Bureau of Flood Engineering and the Division of Land Resource Protection;
and shall provide documentation of such notifications.
24-5 FLOODPLAIN MANAGEMENT
2416 Rev. Ord. Supp. 12/2021
4. For activities that propose to alter sand dunes in coastal high hazard areas (Zone V)
and Coastal A Zones, an engineering analysis that demonstrates that the proposed
alteration will not increase the potential for flood damage and documentation of the
issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.
5. For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood
hazard zones without base flood elevations (approximate A zones).
24-5.4 Submission of additional data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an application, the
applicant has the right to seek a Letter of Map Change (LOMC) from FEMA to change the base
flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown
on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA. Submittal requirements and
processing fees shall be the responsibility of the applicant.
24-6 FLOODPLAIN MANAGEMENT
2417 Rev. Ord. Supp. 12/2021
24-6 INSPECTIONS.
24-6.1 General. Development for which a permit is required shall be subject to inspection.
Approval as a result of an inspection shall not be construed to be an approval of a violation of the
provisions of these regulations or the building code. Inspections presuming to give authority to
violate or cancel the provisions of these regulations or the building code or other ordinances shall
not be valid.
24-6.2 Inspections of development. The Floodplain Administrator shall inspect all
development in flood hazard areas authorized by issuance of permits under these regulations. The
Floodplain Administrator shall inspect flood hazard areas from time to time to determine if
development is undertaken without issuance of a permit.
24-6.3 Buildings and structures. The Construction Official shall make or cause to be made,
inspections for buildings and structures in flood hazard areas authorized by permit in accordance
with the Uniform Construction Code, N.J.A.C. 5:23.
1. Lowest floor elevation. Upon placement of the lowest floor, including the basement, and
prior to further vertical construction, certification of the elevation required in Section 24-
15.2 shall be submitted to the Construction Official on an Elevation Certificate.
2. Lowest horizontal structural member. In V zones and Coastal A zones, upon placement
of the lowest floor, including the basement, and prior to further vertical construction,
certification of the elevation required in Section 24-15.2 shall be submitted to the
Construction Official on an Elevation Certificate.
3. Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and
other service equipment) and sanitary facilities elevated as discussed in Section 24-15.2.
4. Final inspection. Prior to the final inspection, certification of the elevation required in
Section 24-15.2 shall be submitted to the Construction Official on an Elevation Certificate.
24-6.4 Manufactured homes. The Floodplain Administrator shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine compliance with the
requirements of these regulations and the conditions of the issued permit. Upon placement of a
manufactured home, certification of the elevation of the lowest floor shall be submitted on an
Elevation Certificate to the Floodplain Administrator prior to the final inspection.
24-7 FLOODPLAIN MANAGEMENT
2418 Rev. Ord. Supp. 12/2021
24-7 VARIANCES.
24-7.1 General. The Board of Adjustment shall hear and decide requests for variances. The
Board of Adjustment shall base its determination on technical justifications submitted by
applicants, the considerations for issuance in Section 24-7.5, the conditions of issuance set forth
in Section 24-7.6, and the comments and recommendations of the Floodplain Administrator and,
as applicable, the Construction Official. The Board of Adjustment has the right to attach such
conditions to variances as it deems necessary to further the purposes and objectives of these
regulations.
24-7.2 Historic structures. A variance to the substantial improvement requirements of this
ordinance is authorized provided that the repair or rehabilitation of a historic structure is completed
according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the
International Residential Code, the repair or rehabilitation will not preclude the structure's
continued designation as a historic structure, the structure meets the definition of the historic
structure as described by this ordinance, and the variance is the minimum necessary
to preserve the historic character and design of the structure.
24-7.3 Functionally dependent uses. A variance is authorized to be issued for the construction
or substantial improvement necessary for the conduct of a functionally dependent use provided the
variance is the minimum necessary to allow the construction or substantial improvement, and that
all due consideration has been given to use of methods and materials that minimize flood damage
during the base flood and create no additional threats to public safety.
24-7.4 Restrictions in floodways. A variance shall not be issued for any proposed development
in a floodway when any increase in flood levels would result during the base flood discharge, as
evidenced by the applicable analysis and certification required in Section 24-5.3(1) of these
regulations.
24-7.5 Considerations. In reviewing requests for variances, all technical evaluations, all
relevant factors, all other portions of these regulations, and the following shall be considered:
1.
The danger that materials and debris may be swept onto other lands resulting in further
injury or damage.
2.
The danger to life and property due to flooding or erosion damage.
3.
The susceptibility of the proposed development, including contents, to flood damage and
the effect of such damage on current and future owners.
4.
The importance of the services provided by the proposed development to the community.
5.
The availability of alternate locations for the proposed development that are not subject
to flooding or erosion and the necessity of a waterfront location, where applicable.
6.
The compatibility of the proposed development with existing and anticipated
development.
7.
The relationship of the proposed development to the comprehensive plan and floodplain
management program for that area.
8.
The safety of access to the property in times of flood for ordinary and emergency
vehicles.
24-7 FLOODPLAIN MANAGEMENT
2419 Rev. Ord. Supp. 12/2021
9.
The expected heights, velocity, duration, rate of rise and debris and sediment transport of
the floodwater and the effects of wave action, where applicable, expected at the site.
10.
The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, streets, and bridges.
24-7.6 Conditions for issuance. Variances shall only be issued upon:
1.
Submission by the applicant of a showing of good and sufficient cause that the unique
characteristics of the size, configuration or topography of the site limit compliance with
any provision of these regulations or renders the elevation standards of the building code
inappropriate.
2.
A determination that failure to grant the variance would result in exceptional hardship
due to the physical characteristics of the land that render the lot undevelopable.
3.
A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, nor create nuisances,
cause fraud on or victimization of the public or conflict with existing local laws or
ordinances.
4.
A determination that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
5.
Notification to the applicant in writing over the signature of the Floodplain Administrator
that the issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as $25 for
$100 of insurance coverage, and that such construction below the base flood level
increases risks to life and property.
24-8 FLOODPLAIN MANAGEMENT
2420 Rev. Ord. Supp. 12/2021
24-8 VIOLATIONS.
24-8.1 Violations. Any development in any flood hazard area that is being performed without
an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building
or structure without the documentation of elevation of the lowest floor, the lowest horizontal
structural member if in a V or Coastal A Zone, other required design certifications, or other
evidence of compliance required by the building code is presumed to be a violation until such time
as that documentation is provided.
24-8.2 Authority. The Floodplain Administrator is authorized to serve notices of violation or
stop work orders to owners of property involved, to the owner’s agent, or to the person or persons
doing the work for development that is not within the scope of the Uniform Construction Code,
but is regulated by these regulations and that is determined to be a violation.
24-8.3 Unlawful continuance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person is directed
to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as
prescribed by N.J.S.A. 40:49-5 as appropriate.
24-8.4 Review Period to Correct Violations. A 30-day period shall be given to the property
owner as an opportunity to cure or abate the condition. The property owner shall also be afforded
an opportunity for a hearing before the court designated by Harvey Cedars for an independent
determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine
greater than $1,250.00 may be imposed if a court has not determined otherwise or, upon
reinspection of the property, it is determined that the abatement has not been substantially
completed.
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24-9 DEFINITIONS.
24-9.1 General. The following words and terms shall, for the purposes of these regulations,
have the meanings shown herein. Other terms are defined in the Uniform Construction Code
N.J.A.C. 5:23 and terms are defined where used in the International Residential Code and
International Building Code (rather than in the definitions section). Where terms are not defined,
such terms shall have ordinarily accepted meanings such as the context implies.
24-9.2 Definitions.
30 DAY PERIOD – The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner
is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation
pertaining to this ordinance has been issued.
100 YEAR FLOOD ELEVATION – Elevation of flooding having a 1% annual chance of being
equaled or exceeded in a given year which is also referred to as the Base Flood Elevation.
500 YEAR FLOOD ELEVATION – Elevation of flooding having a 0.2% annual chance of being
equaled or exceeded in a given year.
A ZONES – Areas of ‘Special Flood Hazard in which the elevation of the surface water resulting
from a flood that has a 1% annual chance of equaling or exceeding the Base Flood Elevation (BFE)
in any given year shown on the Flood Insurance Rate Map (FIRM) zones A, AE, AH, A1–A30,
AR, AR/A, AR/AE, AR/A1– A30, AR/AH, and AR/AO. When used in reference to the
development of a structure in this ordinance, A Zones are not inclusive of Coastal A Zones because
of the higher building code requirements for Coastal A Zones.
AH ZONES– Areas subject to inundation by 1-percent-annual-chance shallow flooding (usually
areas of ponding) where average depths are between one and three feet. Base Flood Elevations
(BFEs) derived from detailed hydraulic analyses are shown in this zone.
AO ZONES – Areas subject to inundation by 1-percent-annual-chance shallow flooding (usually
sheet flow on sloping terrain) where average depths are between one and three feet.
ACCESSORY STRUCTURE – Accessory structures are also referred to as appurtenant structures.
An accessory structure is a structure which is on the same parcel of property as a principal structure
and the use of which is incidental to the use of the principal structure. For example, a residential
structure may have a detached garage or storage shed for garden tools as accessory structures.
Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole
barns, storage sheds, and similar buildings.
AGRICULTURAL STRUCTURE - A structure used solely for agricultural purposes in which the
use is exclusively in connection with the production, harvesting, storage, drying, or raising of
agricultural commodities, including the raising of livestock. Communities must require that new
construction or substantial improvements of agricultural structures be elevated or floodproofed to
or above the Base Flood Elevation (BFE) as any other nonresidential building. Under some
circumstances it may be appropriate to wet-floodproof certain types of agricultural structures when
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2422 Rev. Ord. Supp. 12/2021
located in wide, expansive floodplains through issuance of a variance. This should only be done
for structures used for temporary storage of equipment or crops or temporary shelter for livestock
and only in circumstances where it can be demonstrated that agricultural structures can be designed
in such a manner that results in minimal damage to the structure and its contents and will create
no additional threats to public safety. New construction or substantial improvement of livestock
confinement buildings, poultry houses, dairy operations, similar livestock operations and any
structure that represents more than a minimal investment must meet the elevation or dry-
floodproofing requirements of 44 CFR 60.3(c)(3).
AREA OF SHALLOW FLOODING – A designated Zone AO, AH, AR/AO or AR/AH (or VO)
on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance
of flooding to an average depth of one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD – see
SPECIAL FLOOD HAZARD AREA
ALTERATION OF A WATERCOURSE – A dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the direction
and/or velocity of the riverine flow of water during conditions of the base flood.
ASCE 7 – The standard for the Minimum Design Loads for Buildings and Other Structures,
referenced by the building code and developed and published by the American Society of Civil
Engineers, Reston, VA. which includes but is not limited to methodology and equations necessary
for determining structural and flood-related design requirements and determining the design
requirements for structures that may experience a combination of loads including those from
natural hazards. Flood related equations include those for determining erosion, scour, lateral,
vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.
ASCE 24 – The standard for Flood Resistant Design and Construction, referenced by the building
code and developed and published by the American Society of Civil Engineers, Reston, VA.
References to ASCE 24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted
in the UCC Code [N.J.A.C. 5:23].
BASE FLOOD ELEVATION (BFE) – The water surface elevation resulting from a flood that has
a 1-percent or greater chance of being equaled or exceeded in any given year, as shown on a
published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May
also be referred to as the “100-year flood elevation”.
BASEMENT – Any area of the building having its floor subgrade (below ground level) on all
sides.
BEST AVAILABLE FLOOD HAZARD DATA - The most recent available preliminary flood risk
guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not
limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
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BEST AVAILABLE FLOOD HAZARD DATA AREA- The areal mapped extent associated with
the most recent available preliminary flood risk guidance FEMA has provided. The Best Available
Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps,
Work Maps, or Preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION - The most recent available
preliminary flood elevation guidance FEMA has provided. The Best Available Flood Hazard Data
may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or
Preliminary FIS and FIRM.
BREAKAWAY WALLS – Any type of wall subject to flooding that is not required to provide
structural support to a building or other structure and that is designed and constructed such that,
below the Local Design Flood Elevation, it will collapse under specific lateral loads such that (1)
it allows the free passage of floodwaters, and (2) it does not damage the structure or supporting
foundation system. Certification in the V Zone Certificate of the design, plans, and specifications
by a licensed design professional that these walls are in accordance with accepted standards of
practice is required as part of the permit application for new and substantially improved V Zone
and Coastal A Zone structures. A completed certification must be submitted at permit application.
BUILDING – Per the FHACA, “Building” means a structure enclosed with exterior walls or fire
walls, erected and framed of component structural parts, designed for the housing, shelter,
enclosure, and support of individuals, animals, or property of any kind. A building may have a
temporary or permanent foundation. A building that is intended for regular human occupation
and/or residence is considered a habitable building.
COASTAL A ZONE – An Area of Special Flood Hazard starting from a Velocity (V) Zone and
extending up to the landward Limit of the Moderate Wave Action delineation. Where no V Zone
is mapped the Coastal A Zone is the portion between the open coast and the landward Limit of the
Moderate Wave Action delineation. Coastal A Zones may be subject to wave effects, velocity
flows, erosion, scour, or a combination of these forces. Construction and development in Coastal
A Zones is to be regulated similarly to V Zones/Coastal High Hazard Areas except as allowed by
ASCE 24.
COASTAL HIGH HAZARD AREA – An Area of Special Flood Hazard inclusive of the V Zone
extending from offshore to the inland limit of a primary frontal dune along an open coast and any
other area subject to high velocity wave action from storms or seismic sources.
CONDITIONAL LETTER OF MAP REVISION - A Conditional Letter of Map Revision
(CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the
hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of
the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood
Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the
project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing
a CLOMR to recover the costs associated with the review that is described in the Letter of Map
Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a
CLOMR does not change the NFIP map.
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CONDITIONAL LETTER OF MAP REVISION - FILL -- A Conditional Letter of Map Revision
- Fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill
outside of the regulatory floodway that would, upon construction, affect the hydrologic or
hydraulic characteristics of a flooding source and thus result in the modification of the existing
regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard
Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if
built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR
to recover the costs associated with the review that is described in the Letter of Map Change
(LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does
not change the NFIP map.
CRITICAL BUILDING – Per the FHACA, “Critical Building” means that:
a. It is essential to maintaining continuity of vital government operations and/or supporting
emergency response, sheltering, and medical care functions before, during, and after a
flood, such as a hospital, medical clinic, police station, fire station, emergency response
center, or public shelter; or
b. It serves large numbers of people who may be unable to leave the facility through their
own efforts, thereby hindering or preventing safe evacuation of the building during a flood
event, such as a school, college, dormitory, jail or detention facility, day care center,
assisted living facility, or nursing home.
DEEP FOUNDATIONS – Per ASCE 24, deep foundations refer to those foundations constructed
on erodible soils in Coastal High Hazard and Coastal A Zones which are founded on piles, drilled
shafts, caissons, or other types of deep foundations and are designed to resist erosion and scour
and support lateral and vertical loads as described in ASCE 7. Foundations shall extend to 10 feet
below Mean Water Level (MWL) unless the design demonstrates that pile penetration will provide
sufficient depth and stability as determined by ASCE 24, ASCE 7, and additional geotechnical
investigations if any unexpected conditions are encountered during construction.
DEVELOPMENT – Any manmade change to improved or unimproved real estate, including but
not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations
and other land-disturbing activities.
DRY FLOODPROOFING – A combination of measures that results in a non-residential structure,
including the attendant utilities and equipment as described in the latest version of ASCE 24,
being watertight with all elements substantially impermeable and with structural components
having the capacity to resist flood loads.
ELEVATED BUILDING – A building that has no basement and that has its lowest elevated floor
raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid
perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.
ELEVATION CERTIFICATE – An administrative tool of the National Flood Insurance Program
(NFIP) that can be used to provide elevation information, to determine the proper insurance
premium rate, and to support an application for a Letter of Map Amendment (LOMA) or Letter of
Map Revision based on fill (LOMR-F).
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ENCROACHMENT – The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine flood
hazard areas.
FEMA PUBLICATIONS – Any publication authored or referenced by FEMA related to building
science, building safety, or floodplain management related to the National Flood Insurance
Program. Publications shall include but are not limited to technical bulletins, desk references, and
American Society of Civil Engineers Standards documents including ASCE 24.
FLOOD OR FLOODING
a. A general and temporary condition of partial or complete inundation of normally dry land
areas from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in (a)
(2) of this definition and are akin to a river or liquid and flowing mud on the surfaces
of normally dry land areas, as when earth is carried by a current of water and deposited
along the path of the current.
b. The collapse or subsidence of land along the shore of a lake or other body of water as a
result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an unanticipated force of nature, such
as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding as defined in paragraph (a)(1) of this definition.
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION – Per the FHACA, the peak water
surface elevation that will occur in a water during the flood hazard area design flood. This
elevation is determined via available flood mapping adopted by the State, flood mapping published
by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more
recent advisory, preliminary, or pending flood mapping; whichever results in higher flood
elevations, wider floodway limits, greater flow rates, or indicates a change from an A zone to a V
zone or coastal A zone), approximation, or calculation pursuant to the Flood Hazard Area Control
Act Rules at N.J.A.C. 7:13-3.1 – 3.6 and is typically higher than FEMA’s base flood elevation. A
water that has a drainage area measuring less than 50 acres does not possess, and is not assigned,
a flood hazard area design flood elevation.
FLOOD INSURANCE RATE MAP (FIRM) – The official map on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) – The official report in which the Federal Emergency
Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s) and
the water surface elevation of the base flood.
FLOODPLAIN OR FLOOD PRONE AREA – Any land area susceptible to being inundated by
water from any source. See "Flood or flooding."
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FLOODPLAIN MANAGEMENT REGULATIONS – Zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance, and erosion control ordinance) and other applications of police
power. The term describes such State or local regulations, in any combination thereof, which
provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFING – Any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures, and their contents.
FLOODPROOFING CERTIFICATE – Certification by a licensed design professional that the
design and methods of construction for floodproofing a non-residential structure are in accordance
with accepted standards of practice to a proposed height above the structure’s lowest adjacent
grade that meets or exceeds the Local Design Flood Elevation. A completed floodproofing
certificate is required at permit application.
FLOODWAY – The channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than 0.2 foot.
FREEBOARD – A factor of safety usually expressed in feet above a flood level for purposes of
floodplain management. “Freeboard” tends to compensate for the many unknown factors that
could contribute to flood heights greater than the height calculated for a selected size flood and
floodway conditions, such as wave action, bridge openings, and the hydrological effect of
urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE – A use that cannot perform its intended purpose unless
it is located or carried out in close proximity to water, including only docking facilities, port
facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship
repair facilities. The term does not include long-term storage or related manufacturing facilities.
HABITABLE BUILDING– Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that
is intended for regular human occupation and/or residence. Examples of a habitable building
include a single-family home, duplex, multi-residence building, or critical building; a commercial
building such as a retail store, restaurant, office building, or gymnasium; an accessory structure
that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes,
and trailers intended for human residence, which are set on a foundation and/or connected to
utilities, such as in a mobile home park (not including campers and recreational vehicles); and any
other building that is regularly occupied, such as a house of worship, community center, or meeting
hall, or animal shelter that includes regular human access and occupation. Examples of a non-
habitable building include a bus stop shelter, utility building, storage shed, self-storage unit,
construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.
HARDSHIP – As related to Section 24-7 of this ordinance, meaning the exceptional hardship that
would result from a failure to grant the requested variance. The Harvey Cedars Governing Body
requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere
economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations,
physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot,
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as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other
means without granting a variance, even if the alternative is more expensive, or requires the
property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface prior to
construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE – Any structure that is:
a. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
c. Individually listed on a State inventory of historic places in States with historic preservation
programs which have been approved by the Secretary of the Interior; or
d. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
1. By an approved State program as determined by the Secretary of the Interior; or
2. Directly by the Secretary of the Interior in States without approved programs.
LAWFULLY EXISTING – Per the FHACA, means an existing fill, structure and/or use, which
meets all Federal, State, and local laws, and which is not in violation of the FHACA because it
was established:
a. Prior to January 31, 1980; or
b. On or after January 31, 1980, in accordance with the requirements of the FHACA as it
existed at the time the fill, structure and/or use was established.
Note: Substantially damaged properties and substantially improved properties that have not been
elevated are not considered “lawfully existing” for the purposes of the NFIP. This definition is
included in this ordinance to clarify the applicability of any more stringent statewide floodplain
management standards required under the FHACA.
LETTER OF MAP AMENDMENT - A Letter of Map Amendment (LOMA) is an official
amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is
requested through the Letter of Map Change (LOMC) process. A LOMA establishes a property's
location in relation to the Special Flood Hazard Area (SFHA). LOMAs are usually issued because
a property has been inadvertently mapped as being in the floodplain but is actually on natural high
ground above the base flood elevation. Because a LOMA officially amends the effective NFIP
map, it is a public record that the community must maintain. Any LOMA should be noted on the
community's master flood map and filed by panel number in an accessible location.
LETTER OF MAP CHANGE – The Letter of Map Change (LOMC) process is a service provided
by FEMA for a fee that allows the public to request a change in flood zone designation in an Area
of Special Flood Hazard on a Flood Insurance Rate Map (FIRM). Conditional Letters of Map
Revision, Conditional Letters of Map Revision – Fill, Letters of Map Revision, Letters of Map
Revision-Fill, and Letters of Map Amendment are requested through the Letter of Map Change
(LOMC) process.
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LETTER OF MAP REVISION - A Letter of Map Revision (LOMR) is FEMA's modification to
an effective Flood Insurance Rate Map (FIRM). Letter of Map Revisions are generally based on
the implementation of physical measures that affect the hydrologic or hydraulic characteristics of
a flooding source and thus result in the modification of the existing regulatory floodway, the
effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The LOMR
officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study
(FIS) report, and when appropriate, includes a description of the modifications. The LOMR is
generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report.
Because a LOMR officially revises the effective NFIP map, it is a public record that the community
must maintain. Any LOMR should be noted on the community's master flood map and filed by
panel number in an accessible location.
LETTER OF MAP REVISION – FILL - A Letter of Map Revision Based on Fill (LOMR-F) is
FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance
Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be
initiated through the Letter of Map Change (LOMC) Process. Because a LOMR-F officially
revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the
community must maintain. Any LOMR-F should be noted on the community’s master flood map
and filed by panel number in an accessible location.
LICENSED DESIGN PROFESSIONAL – Licensed design professional shall refer to either a New
Jersey Licensed Professional Engineer, licensed by the New Jersey State Board of Professional
Engineers and Land Surveyors or a New Jersey Licensed Architect, licensed by the New Jersey
State Board of Architects.
LICENSED PROFESSIONAL ENGINEER - A licensed professional engineer shall refer to
individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.
LIMIT OF MODERATE WAVE ACTION (LiMWA) – Inland limit of the area affected by waves
greater than 1.5 feet during the Base Flood. Base Flood conditions between the VE Zone and the
LiMWA will be similar to, but less severe than those in the VE Zone.
LOCAL DESIGN FLOOD ELEVATION (LDFE) – The elevation reflective of the most recent
available preliminary flood elevation guidance FEMA has provided as depicted on but not limited
to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM which is also
inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform
Construction Codes and any additional freeboard specified in a community’s ordinance. In no
circumstances shall a project’s LDFE be lower than a permit-specified Flood Hazard Area Design
Flood Elevation or a valid NJDEP Flood Hazard Area Verification Letter plus the freeboard as
required in ASCE 24 and the effective FEMA Base Flood Elevation.
LOWEST ADJACENT GRADE – The lowest point of ground, patio, or sidewalk slab immediately
next a structure, except in AO Zones where it is the natural grade elevation.
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LOWEST FLOOR – In A Zones, the lowest floor is the top surface of the lowest floor of the lowest
enclosed area (including basement). In V Zones and coastal A Zones, the bottom of the lowest
horizontal structural member of a building is the lowest floor. An unfinished or flood resistant
enclosure, usable solely for the parking of vehicles, building access or storage in an area other than
a basement is not considered a building's lowest floor provided that such enclosure is not built so
as to render the structure in violation of other applicable non-elevation design requirements of
these regulations.
LOWEST HORIZONTAL STRUCTURAL MEMBER - In an elevated building in a Coastal A or
Coastal High Hazard Zone, the lowest beam, joist, or other horizontal member that supports the
building is the lowest horizontal structural member. Grade beams installed to support vertical
foundation members where they enter the ground are not considered lowest horizontal members.
MANUFACTURED HOME – A structure that is transportable in one or more sections, eight (8)
feet or more in width and greater than four hundred (400) square feet, built on a permanent chassis,
designed for use with or without a permanent foundation when attached to the required utilities,
and constructed to the Federal Manufactured Home Construction and Safety Standards and rules
and regulations promulgated by the U.S. Department of Housing and Urban Development. The
term also includes mobile homes, park trailers, travel trailers and similar transportable structures
that are placed on a site for 180 consecutive days or longer.
MANUFACTURED HOME PARK OR SUBDIVISION – A parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
MARKET VALUE – The price at which a property will change hands between a willing buyer
and a willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in these regulations, the term refers to the market value of
buildings and structures, excluding the land and other improvements on the parcel. Market value
shall be determined by one of the following methods (1) Actual Cash Value (replacement cost
depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate
market value by a factor provided by the Property Appraiser, or (3) established by a qualified
independent appraiser.
NEW CONSTRUCTION – Structures for which the start of construction commenced on or after
the effective date of the first floodplain regulation adopted by a community; includes any
subsequent improvements to such structures. New construction includes work determined to be a
substantial improvement.
NON-RESIDENTIAL – Pursuant to ASCE 24, any building or structure or portion thereof that is
not classified as residential.
ORDINARY MAINTENANCE AND MINOR WORK – This term refers to types of work
excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018 New Jersey
Register. Some of these types of work must be considered in determinations of substantial
improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of
work include but are not limited to replacements of roofing, siding, interior finishes, kitchen
cabinets, plumbing fixtures and piping, HVAC and air conditioning equipment, exhaust fans, built
24-9 FLOODPLAIN MANAGEMENT
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in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of State
or local health, sanitation, or code enforcement officials which are the minimum necessary to
assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1
shall not be included in the determination of ordinary maintenance and minor work.
RECREATIONAL VEHICLE – A vehicle that is built on a single chassis, 400 square feet or less
when measured at the largest horizontal projection, designed to be self-propelled or permanently
towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle
is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices and has no permanently attached additions.
RESIDENTIAL – Pursuant to the ASCE 24:
a. Buildings and structures and portions thereof where people live or that are used for sleeping
purposes on a transient or non-transient basis;
b. Structures including but not limited to one- and two-family dwellings, townhouses,
condominiums, multi-family dwellings, apartments, congregate residences, boarding
houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents,
monasteries, dormitories, fraternity houses, sorority houses, vacation time-share
properties; and
c. institutional facilities where people are cared for or live on a 24-hour basis in a supervised
environment, including but not limited to board and care facilities, assisted living facilities,
halfway houses, group homes, congregate care facilities, social rehabilitation facilities,
alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental
hospitals, detoxification facilities, prisons, jails, reformatories, detention centers,
correctional centers, and prerelease centers.
SOLID WASTE DISPOSAL – “Solid Waste Disposal" shall mean the storage, treatment,
utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the
storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than 6
months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped,
spilled, leaked, or placed into any land or water such that such solid waste may enter the
environment or be emitted into the air or discharged into any waters, including groundwaters.
SPECIAL FLOOD HAZARD AREA – The greater of the following: (1) Land in the floodplain
within a community subject to a one percent or greater chance of flooding in any given year, shown
on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30, AE, A99, or AH; (2) Land and the space above
that land, which lies below the peak water surface elevation of the flood hazard area design flood
for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard
Area Control Act in N.J.A.C. 7:13; (3) Riparian Buffers as determined in the New Jersey Flood
Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the AREA OF SPECIAL FLOOD
HAZARD.
24-9 FLOODPLAIN MANAGEMENT
2431 Rev. Ord. Supp. 12/2021
START OF CONSTRUCTION – The Start of Construction is as follows:
a. For other than new construction or substantial improvements, under the Coastal Barrier
Resources Act (CBRA), this is the date the building permit was issued, provided that the
actual start of construction, repair, rehabilitation, addition, placement or other
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a building on site, such as the pouring of a slab or
footing, the installation of piles, the construction of columns or any work beyond the stage
of excavation; or the placement of a manufactured (mobile) home on a foundation. For a
substantial improvement, actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
b. For the purposes of determining whether proposed construction must meet new
requirements when National Flood Insurance Program (NFIP) maps are issued or revised
and Base Flood Elevation's (BFEs) increase or zones change, the Start of Construction
includes substantial improvement, and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure on a site, such as
the pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a
foundation.
Permanent construction does not include land preparation, such as clearing, grading, and
filling, nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure. Such
development must also be permitted and must meet new requirements when National Flood
Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs)
increase or zones change.
For a substantial improvement, the actual start of construction means the first alteration of
any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
For determining if new construction and substantial improvements within the Coastal
Barrier Resources System (CBRS) can obtain flood insurance, a different definition
applies.
STRUCTURE – A walled and roofed building, a manufactured home, or a gas or liquid storage
tank that is principally above ground.
24-9 FLOODPLAIN MANAGEMENT
2432 Rev. Ord. Supp. 12/2021
SUBSTANTIAL DAMAGE – Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent (50%) of
the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT – Any combination of reconstruction, rehabilitation, addition,
or other improvement including those considered ordinary maintenance and minor work of a
structure taking place over the period of the open permit, the cost of which equals or exceeds fifty
(50) percent of the market value of the structure before the "start of construction" of the
improvement. This term includes structures which have incurred "substantial damage," regardless
of the actual repair work performed. The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations of State or local
health, sanitary or safety code specifications which have been identified by the local code
enforcement officer and which are the minimum necessary to assure safe living conditions;
or
b. Any alteration of a "historic structure", provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES – Buildings
and structures of an accessory character and miscellaneous structures not classified in any special
occupancy, as described in ASCE 24.
V ZONE CERTIFICATE - A certificate that contains a certification signed by a licensed design
professional certifying that the designs, plans, and specifications and the methods of construction
in V Zones and Coastal A Zones are in accordance with accepted standards of practice. This
certificate also includes an optional Breakaway Wall Design Certification for enclosures in these
zones below the Best Available Flood Hazard Data Elevation. A completed certification is
required at permit application.
V ZONES – Areas of Special Flood Hazard in which the elevation of the surface water resulting
from a flood that has a 1% annual chance of equaling or exceeding the Base Flood Elevation in
any given year shown on the Flood Insurance Rate Map (FIRM) zones V1-V30 and VE and is
referred to as the Coastal High Hazard Area.
VARIANCE – A grant of relief from the requirements of this section which permits construction
in a manner otherwise prohibited by this section where specific enforcement would result in
unnecessary hardship.
VIOLATION – A development that is not fully compliant with these regulations or the flood
provisions of the building code. A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in this ordinance is presumed to be
in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION – the height, in relation to the North American Vertical Datum
(NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and
frequencies in the flood plains of coastal or riverine areas.
24-9 FLOODPLAIN MANAGEMENT
2433 Rev. Ord. Supp. 12/2021
WATERCOURSE. A river, creek, stream, channel, or other topographic feature in, on, through,
or over which water flows at least periodically.
WET FLOODPROOFING – Floodproofing method that relies on the use of flood damage resistant
materials and construction techniques in areas of a structure that are below the Local Design Flood
Elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood
protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures
below elevated residential and non-residential structures and to accessory and agricultural
structures that have been issued variances by the community.
24-10 FLOODPLAIN MANAGEMENT
2434 Rev. Ord. Supp. 12/2021
24-10 SUBDIVISIONS AND OTHER DEVELOPMENTS.
24-10.1 General. Any subdivision proposal, including proposals for manufactured home parks
and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to
assure that:
1.
All such proposals are consistent with the need to minimize flood damage.
2.
All public utilities and facilities, such as sewer, gas, electric and water systems are located
and constructed to minimize or eliminate flood damage.
3.
Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO,
adequate drainage paths shall be provided to guide floodwater around and away from
structures.
24-10.2 Subdivision requirements. Where any portion of proposed subdivisions, including
manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be
required:
1.
The flood hazard area, including floodways, coastal high hazard areas, and Coastal A
Zones, and base flood elevations, as appropriate, shall be delineated on tentative
subdivision plats.
2.
Residential building lots shall be provided with adequate buildable area outside the
floodway.
3.
The design criteria for utilities and facilities set forth in these regulations and appropriate
codes shall be met.
24-11 FLOODPLAIN MANAGEMENT
2435 Rev. Ord. Supp. 12/2021
24-11 SITE IMPROVEMENT
24-11.1 Encroachment in floodways. Development, land disturbing activity, and
encroachments in floodways shall not be authorized unless it has been demonstrated through
hydrologic and hydraulic analyses required in accordance with Section 24-5.3(1) of these
regulations, that the proposed encroachment will not result in any increase in the base flood level
during occurrence of the base flood discharge. If Section 24-5.3(1) is satisfied, proposed elevation,
addition, or reconstruction of a lawfully existing structure within a floodway shall also be in
accordance with Section 24-15.2 of this ordinance and the floodway requirements of N.J.A.C.
7:13.
1.
Prohibited in floodways. The following are prohibited activities:
a.
The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C.
7:13.
b.
Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.
24-11.2 Coastal High Hazard Areas (V Zones) and Coastal A Zones. In Coastal High
Hazard Areas and Coastal A Zones:
1.
New buildings shall only be authorized landward of the reach of mean high tide.
2.
The placement of manufactured homes shall be prohibited except in an existing
manufactured home park or subdivision.
3.
Basements or enclosures that are below grade on all sides are prohibited.
4.
The use of fill for structural support of buildings is prohibited.
24-11.3 Sewer facilities. All new and replaced sanitary sewer facilities, private sewage
treatment plants (including all pumping stations and collector systems) and on-site waste disposal
systems shall be designed in accordance with the New Jersey septic system regulations contained in
N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE
24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the
facilities into flood waters, or impairment of the facilities and systems.
24-11.4 Water facilities. All new and replacement water facilities shall be designed in
accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of
Chapter 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
24-11.5 Storm drainage. Storm drainage shall be designed to convey the flow of surface
waters to minimize or eliminate damage to persons or property.
24.11-6 Streets and sidewalks. Streets and sidewalks shall be designed to minimize potential
for increasing or aggravating flood levels.
24-11 FLOODPLAIN MANAGEMENT
2436 Rev. Ord. Supp. 12/2021
24-11.7 Limitations on placement of fill. Subject to the limitations of these regulations, fill
shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown
of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In
addition to these requirements, when intended to support buildings and structures (Zone A only),
fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and
encroachments in flood hazard areas shall comply with the flood storage displacement limitations
of N.J.A.C. 7:13.
24-11.8 Limitations on sites in coastal high hazard areas (V Zones) and Coastal A Zones.
In coastal high hazard areas and Coastal A Zones, alteration of sand dunes shall be permitted only
when the engineering analysis required by Section 24-5.3(4) of these regulations demonstrates that
the proposed alteration will not increase the potential for flood damage. Construction or restoration
of dunes under or around elevated buildings and structures shall comply with Section 24-15.9(3)
of these regulations and as permitted under the NJ Coastal Zone Management Rules (N.J.A.C.
7:7).
24-11.9 Hazardous Materials. The placement or storage of any containers holding hazardous
substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover
the placement of hazardous substances and solid waste is met.
24-11.10 Lot Elevation. No building permit shall be issued for new construction and for
additions, alterations or repairs to existing structures unless the land complies with the lot
elevations as set forth herein. Fill requirements should also fall under compliance of section 24-
11.7 of these regulations and shall be in compliance with NJAC 7:13.
A. Land East of Long Beach Boulevard. Any land eastward of Long Beach Boulevard must
be filled with clean fill to a minimum elevation of eight (8) inches for fill, or twelve (12)
inches to the top of the slab above the higher of the following:
1. the established Borough Street Profile as defined herein.
2. the crown of the road or easement bordering said land.
All applications for a building permit shall include a plot plan showing the existing
proposed grades in conformance with this section. The use of retaining walls with an
impermeable barrier and drainage swales will be permitted in order to contain the fill on
the lot. In addition, plot plans shall provide thereon and comply with the requirements of
Section 9-10.16 for leader and gutters, perforated piping and drainage system piping to
provide a positive discharge to the Municipal Street. Retaining walls shall be installed at
the property line. Should a retaining wall exist along the common property line as a result
of a prior lot fill, a new wall will not be required. The fill and grading on the plot plan
shall incorporate the existing adjoining retaining wall and the lot fill shall be brought to
the proper elevation in accordance with this section. In the event the building department
determines that the plot plan must be reviewed by the municipal engineer, then the cost of
said review shall be borne by the applicant.
24-11 FLOODPLAIN MANAGEMENT
2437 Rev. Ord. Supp. 12/2021
B. Land West of Long Beach Boulevard. Any land westward of Long Beach Boulevard must
be filled with clean fill to a minimum elevation of twenty (20) inches for fill, or twenty-
four (24) inches to the top of the slab, above the crown of the road fronting said land.
If any land referred to herein does not front on an improved municipal street, then the
reference point for lot elevation purposes shall be taken from the higher of the following:
1. The crown of the road of the nearest municipal improved street to said land as
determined by the municipal engineer.
2. The highest point of the easement fronting said land as determined by the municipal
engineer.
All applications for a building permit shall include a plot plan showing the existing
proposed grades in conformance with this section. The use of retaining walls with an
impermeable barrier and drainage swales will be permitted in order to contain the fill on
the lot. In addition, plot plans shall provide thereon and comply with the requirements of
Section 9-10.16 for leader and gutters, perforated piping and drainage system piping to
provide a positive discharge to the Municipal Street. Retaining walls shall be installed at
the property line. Should a retaining wall exist along the common property line as a result
of a prior lot fill, a new wall will not be required. The fill and grading on the plot plan
shall incorporate the existing adjoining retaining wall and the lot fill shall be brought to the
proper elevation in accordance with this section. Bay or lagoon-front lot may discharge to
bay directly through bulkhead.
C. Borough Street Profile defined. The established Borough Street Profile shall be a line
drawn from a starting point at the east edge of the pavement thirty (30) feet east from the
centerline of Long Beach Boulevard except as follows:
1. Thirty-five (35) feet east from the centerline of Long Beach Boulevard for 85th
Street.
2. Forty (40) feet east from the centerline of Long Beach Boulevard for 86th Street.
Said starting point having an elevation established in 1988 (NAVD) Datum, the slope of
the line shall be 2.1 percent extending eastwardly and perpendicular to Long Beach
Boulevard.
D. All lot grades shall be established in 1988 (NAVD) Datum.
E. Additions, alterations and repairs. In the case of additions, alterations or repairs to existing
structures, the above requirements shall apply when:
1. Additions, alterations or repairs exceed seventy-five (75%) percent of square
footage of the existing structure.
2. Any structure on a building lot is moved from its existing foundation for the
purpose of installing piling or to raise the structure to a higher elevation.
F. Exceptions. The following exceptions shall apply for lot fill when:
1. Dwellings are being raised in place for the purpose of repairing structural supports
for the dwelling and being returned to the original elevation.
2. Dwellings below base flood being raised to an elevation no higher than the required
FEMA flood elevations plus one (1) foot, dwelling remaining unchanged, no
additional alterations permitted. See section 13-8.4 “Exceptions to Houses Being
Raised”.
24-12 FLOODPLAIN MANAGEMENT
2438 Rev. Ord. Supp. 12/2021
24-12 MANUFACTURED HOM ES
24-12.1 General. All manufactured homes installed in flood hazard areas shall be installed
pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards
Program (24 CFR 3280).
24-12.2 Elevation. All new, relocated, and replacement manufactured homes to be placed or
substantially improved in a flood hazard area shall be elevated such that the bottom of the frame
is elevated to or above the elevation specified in Section 24-15.2.
24-12.3 Foundations. All new, relocated, and replacement manufactured homes, including
substantial improvement of existing manufactured homes, shall be placed on permanent,
reinforced foundations that are designed in accordance with Section R322 of the Residential Code.
24-12.4 Anchoring. All new, relocated, and replacement manufactured homes to be placed or
substantially improved in a flood hazard area shall be installed using methods and practices which
minimize flood damage and shall be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement. This requirement is in addition to
applicable State and local anchoring requirements for resisting wind forces.
24-12.5 Enclosures. Fully enclosed areas below elevated manufactured homes shall comply
with the requirements of Section 24-15.2.
24-12.6 Protection of mechanical equipment and outside appliances. Mechanical
equipment and outside appliances shall be elevated to or above the elevation of the bottom of the
frame required in Section 24-15.2 of these regulations.
Exception. Where such equipment and appliances are designed and installed to prevent water
from entering or accumulating within their components and the systems are constructed to
resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy,
during the occurrence of flooding up to the elevation required by Section 24-15.2, the systems
and equipment shall be permitted to be located below that elevation. Electrical wiring systems
shall be permitted below the design flood elevation provided they conform to the provisions
of NFPA 70 (National Electric Code).
24-13 FLOODPLAIN MANAGEMENT
2439 Rev. Ord. Supp. 12/2021
24-13 RECREATIONAL VEHICLES.
24-13.1 Placement prohibited. The placement of recreational vehicles shall not be authorized
in coastal high hazard areas and in floodways.
24-13.2 Temporary placement. Recreational vehicles in flood hazard areas shall be fully
licensed and ready for highway use and shall be placed on a site for less than 180 consecutive
days.
24-13.3 Permanent placement. Recreational vehicles that are not fully licensed and ready for
highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the
requirements of Section 24-15.2 for habitable buildings.
24-14 TANKS.
24-14.1 Tanks. Underground and above-ground tanks shall be designed, constructed, installed,
and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
24-15 FLOODPLAIN MANAGEMENT
2440 Rev. Ord. Supp. 12/2021
24-15 OTHER DEVELOPMENT AND BUILDING WORK.
24-15.1 General requirements for other development and building work. All development
and building work, including man-made changes to improved or unimproved real estate for which
specific provisions are not specified in these regulations or the Uniform Construction Code
(N.J.A.C. 5:23), shall:
1.
Be located and constructed to minimize flood damage;
2.
Meet the limitations of Section 24-5.3(1) of this ordinance when located in a regulated
floodway;
3.
Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the
conditions of flooding up to the Local Design Flood Elevation determined according to
Section 24-2.3;
4.
Be constructed of flood damage-resistant materials as described in ASCE 24 Chapter
5;
5.
Have mechanical, plumbing, and electrical systems above the Local Design Flood
Elevation determined according to Section 24-2.3 or meet the requirements of ASCE 24
Chapter 7 which requires that attendant utilities are located above the Local Design Flood
Elevation unless the attendant utilities and equipment are:
i. Specifically allowed below the Local Design Flood Elevation; and
ii. Designed, constructed, and installed to prevent floodwaters, including any
backflow through the system from entering or accumulating within the
components.
6.
Not exceed the flood storage displacement limitations in fluvial flood hazard areas in
accordance with N.J.A.C. 7:13; and
7.
Not exceed the impacts to frequency or depth of offsite flooding as required by
N.J.A.C. 7:13 in floodways.
24-15.2 Requirements for Habitable Buildings and Structures.
1. Construction and Elevation in A Zones not including Coastal A Zones.
a. No portion of a building is located within a V Zone.
b. No portion of a building is located within a Coastal A Zone, unless a licensed design
professional certifies that the building’s foundation is designed in accordance with
ASCE 24, Chapter 4.
c. All new construction and substantial improvement of any habitable building (as
defined in Section 24-9) located in flood hazard areas shall have the lowest floor,
including basement, together with the attendant utilities (including all electrical,
heating, ventilating, air-conditioning and other service equipment) and sanitary
facilities, elevated to or above the Local Design Flood Elevation as determined in
Section 24-2.3, be in conformance with ASCE Chapter 7, and be confirmed by an
Elevation Certificate.
24-15 FLOODPLAIN MANAGEMENT
2441 Rev. Ord. Supp. 12/2021
d. All new construction and substantial improvements of non-residential structures
shall:
i. Have the lowest floor, including basement, together with the attendant
utilities (including all electrical, heating, ventilating, air-conditioning
and other service equipment) and sanitary facilities, elevated to or above
the Local Design Flood Elevation as determined in Section 24-2.3, be
in conformance with ASCE Chapter 7, and be confirmed by an
Elevation Certificate; or
ii. Together with the attendant utility and sanitary facilities, be designed so
that below the Local Design Flood Elevation, the structure:
1. Meets the requirements of ASCE 24 Chapters 2 and 7; and
2. Is constructed according to the design plans and specifications
provided at permit application and signed by a licensed design
professional, is certified by that individual in a Floodproofing
Certificate, and is confirmed by an Elevation Certificate.
e. All new construction and substantial improvements with fully enclosed areas
below the lowest floor shall be used solely for parking of vehicles, building access,
or storage in an area other than a basement and which are subject to flooding.
Enclosures shall:
i. For habitable structures, be situated at or above the adjoining exterior
grade along at least one entire exterior wall, in order to provide positive
drainage of the enclosed area in accordance with N.J.A.C. 7:13;
enclosures (including crawlspaces and basements) which are below
grade on all sides are prohibited;
ii. Be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters unless
the structure is non-residential and the requirements of 24-15.2.1(d)(ii)
are met;
iii. Be constructed to meet the requirements of ASCE 24 Chapter 2;
iv. Have openings documented on an Elevation Certificate; and
v. Have documentation that a deed restriction has been obtained for the lot
if the enclosure is greater than six feet in height. This deed restriction
shall be recorded in the Office of the County Clerk or the Registrar of
Deeds and Mortgages in which the building is located, shall conform to
the requirements in N.J.A.C.7:13, and shall be recorded within 90 days
of receiving a Flood Hazard Area Control Act permit or prior to the start
of any site disturbance (including pre-construction earth movement,
removal of vegetation and structures, or construction of the project),
whichever is sooner. Deed restrictions must explain and disclose that:
1. The enclosure is likely to be inundated by floodwaters which may
result in damage and/or inconvenience.
2. The depth of flooding that the enclosure would experience to the
Flood Hazard Area Design Flood Elevation;
24-15 FLOODPLAIN MANAGEMENT
2442 Rev. Ord. Supp. 12/2021
3. The deed restriction prohibits habitation of the enclosure and
explains that converting the enclosure into a habitable area may
subject the property owner to enforcement;
2. Construction and Elevation in V Zones and Coastal A Zones.
a. All new construction and substantial improvements shall be constructed according
to structural designs, plans and specifications conforming with ASCE 24 Chapter
4 which are signed by a licensed design professional and certified by that individual
in a V Zone Certificate.
b. All new construction and substantial improvement of any habitable building (as
defined in Section 24-9) located in coastal high hazard areas shall have the lowest
horizontal structural member, together with the attendant utilities (including all
electrical, heating, ventilating, air-conditioning and other service equipment) and
sanitary facilities, elevated to the Local Design Flood Elevation as determined in
Section 24-2.3, be in conformance with ASCE Chapter 7, and be confirmed by an
Elevation Certificate.
c. All new construction and substantial improvements of non-residential structures
shall:
i. Have the lowest horizontal structural member, including basement,
together with the attendant utilities (including all electrical, heating,
ventilating, air-conditioning and other service equipment) and sanitary
facilities, elevated to or above the Local Design Flood Elevation as
determined in Section 24-2.3, be in conformance with ASCE 24 Chapter
7, and be confirmed by an Elevation Certificate; or
ii. Together with the attendant utility and sanitary facilities, be designed so
that below the Local Design Flood Elevation, the structure:
1. Meets the requirements of ASCE 24 Chapters 4 and 7; and
2. Is constructed according to the design plans and specifications
provided at permit application and signed by a licensed design
professional, is certified by that individual in a Floodproofing
Certificate, and is confirmed by an Elevation Certificate.
d. All new construction and substantial improvements shall have the space below the
lowest floor either free of obstruction or constructed with non-supporting
breakaway walls, open wood lattice-work, or insect screening intended to collapse
under wind and water loads without causing collapse, displacement, or other
structural damage to the elevated portion of the building or supporting foundation
system. All breakaway walls shall be constructed according to structural designs,
plans and specifications conforming with ASCE 24 Chapter 4, signed by a licensed
design professional, and certified by that individual in a Breakaway Wall
Certificate.
24-15 FLOODPLAIN MANAGEMENT
2443 Rev. Ord. Supp. 12/2021
e. All new construction and substantial improvements with fully enclosed areas
below the lowest floor shall be used solely for parking of vehicles, building
access, or storage in an area other than a basement and which are subject to
flooding. Enclosures shall:
i. Be situated at or above the adjoining exterior grade along at least one
entire exterior wall, in order to provide positive drainage of the
enclosed area in accordance with N.J.A.C. 7:13; enclosures (including
crawlspaces and basements) which are below grade on all sides are
prohibited.
ii. Be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters unless
the structure is non-residential and the requirements of 24-15.2(c)(ii)
are met;
iii. Be constructed to meet the requirements of ASCE 24 Chapter 4;
iv. Have openings documented on an Elevation Certificate and have
breakaway wall construction documented on a Breakaway Wall
Certificate unless the requirements of 24-15.2(c)(ii) are met for a non-
residential structure; and
v. Have documentation that a deed restriction has been obtained for the
lot if the enclosure is greater than six feet in height. This deed restriction
shall be recorded in the Office of the County Clerk or the Registrar of
Deeds and Mortgages in which the building is located, shall conform to
the requirements in N.J.A.C.7:13, and shall be recorded within 90 days
of receiving a Flood Hazard Area Control Act permit or prior to the
start of any site disturbance (including pre-construction earth
movement, removal of vegetation and structures, or construction of the
project), whichever is sooner. Deed restrictions must explain and
disclose that:
1. The enclosure is likely to be inundated by floodwaters which may
result in damage and/or inconvenience.
2. The depth of flooding that the enclosure would experience to the
Flood Hazard Area Design Flood Elevation;
3. The deed restriction prohibits habitation of the enclosure and
explains that converting the enclosure into a habitable area may
subject the property owner to enforcement;
3. Certificates of Occupancy – Deed Requirement.
A. Prior to the issuance of a certificate of occupancy for new construction or for a
certificate of occupancy upon resale or a certificate of occupancy issued for any
other purpose, applications shall be accompanied by a recorded deed, recorded in
the Ocean County Clerk's Office at Toms River, New Jersey, which recorded deed
shall contain the following specific language:
24-15 FLOODPLAIN MANAGEMENT
2444 Rev. Ord. Supp. 12/2021
There is hereby imposed upon the lands described in this Deed a restrictive
covenant advising all future owners of the said lands whether acquired by
conveyance, inheritance or otherwise that the lands may only be used in
accordance with flood regulations established by the Federal Emergency
Management Agency (FEMA). A violation of any of the said Federal Emergency
Management Agency flood regulations may result in:
1. An issuance of a summons returnable in the Municipal Court of the Borough
of Harvey Cedars, or any other appropriate Court having jurisdiction,
providing for a fine of not less than $100 nor more than $1,000 per day, or such
greater or lesser fines as may be permitted by law for each and every day that
any violation of the said Federal Emergency Management Agency flood
protection regulations are violated; or
2. Subject the owner of the lands to an action in the Chancery Division, Superior
Court of New Jersey or any other court having injunctive jurisdiction for a
mandatory injunction compelling the owner to remove any violations of the
said Federal Emergency Management Agency regulations.
By acceptance of title to the lands encumbered hereby, any owner thereof whether
title be acquired by Deed of conveyance, inheritance or otherwise, grants to the
appropriate inspection officers of the Borough of Harvey Cedars the right upon 48
hours advance notice to inspect the areas of any structure located on the lands
which area lies below the base flood elevation (BFE) as defined by Federal
Emergency Management regulations in order to determine compliance with such
regulations and for a failure to permit such inspection, the owner of the lands may
be subject to Complaint returnable in the Municipal Court of the Borough of
Harvey Cedars and may be subject to a fine of not less than $100 per day nor more
than $1,000 per day, or any such greater or lesser amounts as may be permitted by
law for each and every day which inspection is refused.
B. A copy of this section of the Code of the Borough of Harvey Cedars shall be
provided to any applicant requiring a certificate of occupancy for any purpose in
order that the appropriate deed may be prepared and recorded in a timely manner
so that a recorded copy may be provided to the Borough prior to the issuance of
any requested certificate of occupancy
C. Any deed required by this section shall, in addition to containing the above-recited
language, provide a description by metes and bounds and lot and block of the lands
encumbered by the restrictive covenant above called for.
4. For all interior spaces below the first floor living space, i.e. garage and storage areas,
FEMA Technical Bulletin No. 2 shall not apply. All interior spaces below the first floor
living space, in all flood zones, which includes the area below the Base Flood Elevation
(BFE), with the exception of elevator shafts, and a non-heated space not to exceed 100
sq. ft. for a foyer and stairwell, and a non-heated space not to exceed 100 sq. ft. for a
24-15 FLOODPLAIN MANAGEMENT
2445 Rev. Ord. Supp. 12/2021
mechanical room, shall be unfinished with no insulation and be breakaway construction
with a permitted exterior finish in accordance with the applicable Flood Zone
Regulations.
In addition, all houses shall be on structural piling which shall extend to and carry the
structural support of the first floor living space. No concrete walls or foundations are
permitted. Consideration may be given by the Construction Dept. when existing
houses on existing foundations are being raised to or above the BFE under FEMA
guidelines.
24-15.3 Garages and accessory storage structures. Garages and accessory storage structures
shall be designed and constructed in accordance with the Uniform Construction Code.
24-15.4 Fences. Fences in floodways that have the potential to block the passage of
floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Section
24-5.3(1) of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall
have sufficiently large openings so as not to catch debris during a flood and thereby obstruct
floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area,
such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences
greater than 6 feet in height must conform with the Uniform Construction Code. Fences for pool
enclosures having openings not in conformance with this section but in conformance with the
Uniform Construction Code to limit climbing require a variance as described in Section 24-7 of
this ordinance.
24-15.5 Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and
driveways that involve placement of fill in floodways shall meet the requirements of Section 24-
5.3(1) of these regulations and N.J.A.C. 7:13.
24-15.6 Swimming pools. Swimming pools shall be designed and constructed in accordance
with the Uniform Construction Code. Above-ground swimming pools and below-ground swimming
pools that involve placement of fill in floodways shall also meet the requirements of Section 24-
5.3(1) of these regulations. Above-ground swimming pools are prohibited in floodways by
N.J.A.C. 7:13.
24-15.7 Roads and watercourse crossings.
1.
For any railroad, roadway, or parking area proposed in a flood hazard area, the travel
surface shall be constructed at least one foot above the Flood Hazard Area Design
Elevation in accordance with N.J.A.C. 7:13.
2.
Roads and watercourse crossings that encroach into regulated floodways or riverine
waterways with base flood elevations where floodways have not been designated,
including roads, bridges, culverts, low- water crossings and similar means for vehicles
or pedestrians to travel from one side of a watercourse to the other side, shall meet the
requirements of Section 24-5.3(1) of these regulations.
24-15 FLOODPLAIN MANAGEMENT
2446 Rev. Ord. Supp. 12/2021
24-15.8 Other development in coastal high hazard areas (Zone V) and Coastal A Zones.
In Coastal High Hazard Areas (V Zones) and Coastal A Zones, development activities other than
buildings and structures shall be permitted only when also authorized by the appropriate Federal,
State or local authority; when located outside the footprint of, and not structurally attached to,
buildings and structures; and when analyses prepared by a licensed professional engineer
demonstrates no harmful diversion of floodwater or wave runup and wave reflection that would
increase damage to adjacent buildings and structures. Such other development activities include
but are not limited to:
1.
Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
2.
Solid fences and privacy walls, and fences prone to trapping debris, unless designed
and constructed to fail under flood conditions less than the base flood or otherwise
function to avoid obstruction of floodwater; and
3.
On-site filled or mound sewage systems.
24-15.9 Nonstructural fill in coastal high hazard areas (Zone V) and Coastal A Zones. In
coastal high hazard areas and Coastal A Zones:
1.
Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
2.
Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
horizontal shall be permitted only when an analysis prepared by a licensed professional
engineer demonstrates no harmful diversion of floodwater or wave runup and wave
reflection that would increase damage to adjacent buildings and structures.
3.
Sand dune construction and restoration of sand dunes under or around elevated
buildings are permitted without additional engineering analysis or certification of the
diversion of floodwater or wave runup and wave reflection where the scale and location
of the dune work is consistent with local beach-dune morphology and the vertical
clearance is maintained between the top of the sand dune and the lowest horizontal
structural member of the building.
24-16 FLOODPLAIN MANAGEMENT
2447 Rev. Ord. Supp. 12/2021
24-16 TEMPORARY STRUCTURES AND TEMPORARY STORAGE.
24-16.1 Temporary structures. Temporary structures shall be erected for a period of less
than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral
movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood. Fully enclosed temporary structures shall have flood openings that are in
accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.
24-16.2 Temporary storage. Temporary storage includes storage of goods and materials for
a period of less than 180 days. Stored materials shall not include hazardous materials.
24-16.3 Floodway encroachment. Temporary structures and temporary storage in floodways
shall meet the requirements of Section 24-5.3(1) of these regulations.
24-17 UTILITY AND MISCELLANEOUS GROUP U.
24-17.1 Utility and Miscellaneous Group U. In accordance with Section 312 of the
International Building Code, Utility and Miscellaneous Group U includes buildings and structures
that are accessory in character and miscellaneous structures not classified in any specific
occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft
hangars (accessory to a one- or two-family residence), barns, carports, communication equipment
structures (gross floor area less than 1,500 sq. ft.), fences more than 6 feet (1829 mm) high, grain
silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls,
sheds, stables, tanks and towers.
24-17.2 Flood loads. Utility and miscellaneous Group U buildings and structures, including
substantial improvement of such buildings and structures, shall be anchored to prevent flotation,
collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during
conditions up to the Local Design Flood Elevation as determined in Section 24-2.3.
24-17.3 Elevation. Utility and miscellaneous Group U buildings and structures, including
substantial improvement of such buildings and structures, shall be elevated such that the lowest
floor, including basement, is elevated to or above the Local Design Flood Elevation as determined
in Section 24-2.3 and in accordance with ASCE 24. Utility lines shall be designed and elevated in
accordance with N.J.A.C. 7:13.
24-17.4 Enclosures below base flood elevation. Fully enclosed areas below the design flood
elevation shall be constructed in accordance with Section 24-15.2 and with ASCE 24 for new
construction and substantial improvements. Existing enclosures such as a basement or crawlspace
having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in,
and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has
been determined to be a substantial improvement by the Floodplain Administrator.
24-17.5 Flood-damage resistant materials. Flood-damage-resistant materials shall be used
below the Local Design Flood Elevation determined in Section 24-2.3.
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2448 Rev. Ord. Supp. 12/2021
24-17.6 Protection of mechanical, plumbing, and electrical systems. Mechanical,
plumbing, and electrical systems, equipment and components, heating, ventilation, air
conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to
or above the Local Design Flood Elevation determined in Section 24-2.3.
Exception: Electrical systems, equipment and components, and heating, ventilating, air
conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service
equipment shall be permitted to be located below the Local Design Flood Elevation
provided that they are designed and installed to prevent water from entering or
accumulating within the components and to resist hydrostatic and hydrodynamic loads and
stresses, including the effects of buoyancy, during the occurrence of flooding to the Local
Design Flood Elevation in compliance with the flood-resistant construction requirements
of ASCE 24. Electrical wiring systems shall be permitted to be located below the Local
Design Flood Elevation provided they conform to the provisions of NFPA 70 (National
Electric Code).
