Zoning, building permits and septic rules in Borough of Bay Head, New Jersey

Borough of Bay Head’s own rules

• Local zoningPresent (with conditions)

  Land inside Bay Head borough's limits, governed by the borough's own Chapter 147 Land Use zoning ordinance

  • Use of land and buildings is limited to uses permitted in the zone in which the land lies.
  • Zone-by-zone area, yard and coverage limits are in Attachment 1 (Appendix A), which was not opened in this run.

  “no structure shall be erected, moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be designed or used for any purpose other than as permitted in each zone by this chapter”

• Zoning districtsPublished (with conditions)

  Zoning districts of Bay Head borough under Chapter 147 Land Use: R-100, R-100-BF, R-100-OF, R-50, B & B, B-1, B-2 and C

  • Zoning map is Attachment 5 to Chapter 147 (per the chapter front matter).

  “§ 147-7 r-100 single-family residential zone. § 147-7.1 r-100-bf single-family residential bay front zone. § 147-7.2 r-100-of single-family residential oceanfront zone. § 147-8 r-50 single-family residential zone. § 147-9 b & b bed-and-breakfast zone. § 147-10 b-1 general business zone. § 147-11 b-2 marine commercial zone. § 147-12 c conservation zone.”

• Building heightSpecified

  Detached accessory buildings in residential zones inside Bay Head borough

  • Accessory building may not be located in any required front yard space.
  • Detached accessory buildings are limited to one story.

  maximum height of detached accessory building: <= 16 feet (applies to detached accessory buildings in residential zones)

  “an accessory building in a residential zone shall be subject to the following requirements: (1) it shall not be located in any required front yard space. (2) detached accessory buildings shall not exceed one story or 16 feet in height”

• Accessory dwellingsLimited

  Affordable accessory apartments inside a detached single-family dwelling in Bay Head borough (not conventional accessory dwellings)

  • Permitted in all zoning districts except the conservation (c) zone.
  • Must be located within a detached single-family dwelling on a lot meeting the district schedule of area and bulk regulations.
  • Must be rented only to low- or moderate-income households for at least 10 years from the certificate of occupancy, under a recorded deed restriction.
  • Requires a minimum of two on-site parking spaces exclusively for the apartment, plus existing required spaces.
  • Requires a separate private entrance and at least two rooms, one a full bathroom.
  • Borough subsidy of at least $10,000 under the program.

  maximum affordable accessory apartments in borough: <= 10 units (affordable accessory apartments under the Chapter 147 program only)

  “the maximum number of affordable accessory apartments to be developed in the borough under the provisions of this ordinance shall be 10.”

• Mandatory utility hookupSewer (with conditions)

  New and existing residential, commercial and industrial buildings located within Bay Head borough

  • Connection is to the borough sanitary sewerage system; the chapter does not state a distance limit.
  • Sump pumps, downspouts, cellar drains of any kind and swimming pools may not be connected to the sanitary sewer.
  • Newly connected buildings owe a pro rata annual user charge for the year of connection.
  • Property owner maintains the sewer lateral.

  “the owner of every residential, commercial or industrial building or structure located within the borough of bay head shall connect the plumbing facilities of said building or structure with the sanitary sewerage system of the borough of bay head.”

  One more reviewed finding on this topic

  • Water (with conditions) — New and existing residential, commercial and industrial buildings located within Bay Head borough

    “in no event shall an owner be required to connect to said public water supply unless there exists a public water main in the street adjacent to the property upon which the structure is situate or in the public street adjacent to any easement for ingress and egress to such property as installed by the franchised public water utility.”

• Permit feesPublished (with conditions)

  Construction permit fees for work inside Bay Head borough (partial set; the complete fee schedule is not reproduced in the opened text)

  • Fee provisions are in the construction fee section; the page heading for that section was not captured in the extract.
  • The borough construction official reports to council biannually on a recommended fee schedule.

  certificate of occupancy fee: 250 USD · swimming pool permit fee, in-ground: 400 USD · swimming pool permit fee, aboveground: 300 USD

  “(4) the fee for a permit to install a swimming pool shall be as follows: [amended 11-7-2022 by ord. no. 2022-13] (a) in-ground: $400. (b) aboveground: $300. (5) the fee for a certificate of occupancy shall be $250.”

Rules another office applies inside Borough of Bay Head

Borough of Bay Head does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Building code adoptedAdopted (with conditions)

  Construction permits and inspections inside Bay Head borough, enforced by the borough's construction official under the state Uniform Construction Code

  • The borough construction official enforces the state Uniform Construction Code; the borough does not adopt a separate building code in the opened text.
  • Chapter 104 Construction Codes, Uniform is cross-referenced in Chapter 147.

  “the construction official shall, with the advice of the subcode official, prepare and submit to the mayor and council biannually a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the municipality fairly attributable to the enforcement of the state uniform construction code.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Borough of Bay Head or Ocean County directly.

• Owner-builder exemption — Owner-builder exemption from licensed-contractor or permit requirements inside Bay Head borough
• Inspections — Building inspections inside Bay Head borough
• Minimum dwelling size — Minimum dwelling size in the R-100 single-family residential zone inside Bay Head borough
• Minimum lot size — Minimum lot area in the R-100 single-family residential zone inside Bay Head borough
• Setbacks — Front, side and rear yard setbacks in the R-100 single-family residential zone inside Bay Head borough

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Off-grid gear

Going off-grid in Borough of Bay Head means bringing your own water and power. The kit we’d start with:

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

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