[Amended 11-4-1987 by Ord. No. V-140; 1-6-1988 by Ord. No. V-148]
A. Position created. There is hereby created the position of Zoning Officer who shall be assigned to the office of the Director of the Department of Administration. (Amended 11-22-1993 by Ord. No. R-20}
B. Appointment and term of office. The Zoning Officer shall be appointed by the Director of the Department of Administration. [Amended 11-22-1993 by Ord. No. R-20]
C. Qualifications. An associate's degree or its equivalent in either training or experience is required.
D. Duties. The duties of the Zoning Officer shall be as follows:
(1) To enforce the zoning ordinances of the City of Hoboken.
(2) To review all applications for building permits and assign those needing review and approval to the appropriate board.
(3) To issue zoning certifications following, where necessary, review and approval by the appropriate individual or board. Applications within the original jurisdiction of the Planning Board may be filed directly with the Planning Board.
(4) To answer all inquiries with regard to zoning.
(5) To keep a record of all applications for permits and of all permits and certifications issued, with a notation of all special conditions involved.
(6) To file and safely keep copies of all plans submitted.
(7) To collect and record fees for zoning certifications.
(8) To prepare a semiannual report for the City Council summarizing all activity of the previous months concerning the duties of the Zoning Officer.
(9) To conduct field inspections and special investigations either in response to a complaint by an individual, municipal agency or board or on Ms own initiative to ensure compliance with this chapter.
[Amended 10-17-2001 by Ord. No. DR-14]
A. Purposes. To ensure compliance with the provisions of this chapter, no person shall erect, alter or convert any structure or building or part thereof nor alter the use of land subsequent to the adoption of this chapter until the proper certification has been issued by the Zoning Officer.
B. Application for first certificate of zoning compliance. [Amended 12-20-2000 by Ord. No. R-470]
(1) Applications for zoning certifications shall be the same as applications for building permits.
(2) The Zoning Officer shall act upon applications either to approve, refer to the Planning Board, Zoning Board of Adjustment or deny, within ten (10) business days of the receipt of a complete application.
(3) Any application not acted on by the Zoning Officer within ten (10) business days of the receipt of a complete application shall be deemed to be an approval.
C. Issuance of certification. The first certificate of zoning compliance shall be issued by the Zoning Officer on a form approved by the office of the Business Administrator until a Department of Engineering is created and then on such form as approved by the Department of Engineering. No building permit shall be issued until the Construction Code Official is in receipt of the final certificate of zoning compliance. [Amended 5-7-2003 by Ord. No. DR-90]
D. Denial of certification. When the Zoning Officer is not satisfied that the applicant's proposal will meet the requirements of this chapter, he shall refuse to issue a certification and shall so notify the applicant and the Construction Code Official, in writing, giving the reasons for denial. The applicant may appeal to the Zoning Board of Adjustment for a modification or reversal of the Officer's decision.
E. Revocation of zoning certification. If it shall appear at any time to the Zoning Officer that the application or accompanying plan is in any respect false or misleading or that work is being done upon the premises differing materially from that called for in the application filed with him under existing laws or ordinances, he shall forthwith revoke the certification, by written notice to the applicant and Construction Code Official, which thereby invalidates the building permit. As a condition for reinstating the zoning certification, he may, in his discretion, before issuing the new certification, require the applicant to file an indemnity bond in favor of the City of Hoboken, with sufficient surety conditioned for compliance with this chapter and all laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building or structure if it does not so comply.
F. Expiration of building permits. If a permit has not been acted upon by the commencement of construction within one (1) year from the date of issuance, said permit and all rights created thereby shall expire.
A. New uses. No building, structure or land shall be occupied or used until such time as the certificate of occupancy issued by the Construction Code Official is certified by the Zoning Officer as to its compliance with this chapter. Such final certificate of zoning compliance shall be issued, in writing, to the applicant and Construction Code Official upon application by the owner, prospective occupant or purchaser only after the Zoning Officer determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of this chapter. A temporary certificate of occupancy may be issued for any structure or use for which the conditions of final site plan approval have been complied with. The Planning Board shall approve the issuance and terms of any temporary certificate of occupancy. [Amended 5-72003 by Ord. No. DR-90]
B. Existing uses.
(1) At the time of passage of this Article. Upon any reasonable written request from the owner or other interested party, the Zoning Officer, after inspection, shall certify a use or structure legally existing at the time this Article is made effective, indicating the extent and kind of use and whether such existing use conforms to the provisions of this chapter.
(2) Change of use or structure. No change or extension of use shall be made in a structure, use or land without a final certificate of zoning compliance's having first been issued by the Zoning Officer, stating that such change, extension or alteration is in conformity with the provisions of this chapter and all other applicable ordinances.
**Webmasters Note: The previous sections, 196-60 through 196-61.B(2), have been amended as per Supplement No. 49.
C. Scope of final certificate of zoning compliance. The final certificate of zoning compliance shall contain sufficient information as to the extent and kind of use or uses such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is permitted or nonconforming and the extent to which the use does not conform to the provisions of this chapter.
D. Revocation. On the serving of notice of any violation of any of the provisions of this chapter with respect to any structure or use thereof, as provided in § 196-62 of this chapter, but final certificate of zoning compliance for such use shall thereupon, without further action, be null and void, and a new final certificate of zoning compliance shall be required for any further use of such structure or land.
B. Procedures for abatement of violation. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or any other applicable ordinance, the Zoning Officer or other proper official, in addition to other remedies, shall institute any appropriate legal action or proceedings, including the issuance of a stop-work order, a municipal court complaint and a superior court complaint for an injunction, as necessary, to prevent such unlawful erection, construction, repair, reconstruction, alteration, conversion, maintenance or use; to restrain, correct and abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use about such premises.
C. Penalties. Any person, firm or corporation violating or resisting the enforcement of any of the provisions of this chapter or any order, decision or determination by the Board of Adjustment or Planning Board and who refuses to abate such violation within thirty (30) days after written notice has been served upon such violator by registered mail or by personal service from the Zoning Officer, the Zoning Board of Adjustment or the Planning Board shall, for each and every violation, be subject to a fine not to exceed five hundred dollars ($500.) or to be imprisoned for a term not exceeding thirty (30) days or both, at the discretion of the court or judicial officer before whom a conviction may be had. Each day that a violation occurs or is continued shall constitute a separate offense. In the event that any penalty provided herein is in excess of that allowed by any other applicable code or ordinance, the penalty provisions of such other code or ordinance shall apply.
[Amended 6-21-1989 by Ord. No. P-58; 5-1-2002 by Ord. No. DR-36]
The following application fees covering administration and overhead shall be charged to the applicant and shall be submitted at the time of an application for a review by the Planning Board or a review or hearing by the Zoning Board of Adjustment. Application fee checks shall be made payable to City of Hoboken. Where an application involves more than one (1) of the categories itemized below, the fees applicable to each category shall be required.
In addition to the fees to be paid herein, the applicant shall submit the following escrow deposits at the time of submission of an application for a review by the Planning Board or a review or hearing by the Zoning Board of Adjustment. Escrow deposit checks shall be made payable to the City of Hoboken. Where an application involves more than one (1) of the categories itemized below, the escrow deposit applicable to each category shall be required. The escrow funds shall be deposited into a separate trust account by the city, pursuant to N.J.S.A. 40:55D-53.1, and if the deposit amount required is greater than five thousand dollars ($5,000.), interest will accrue to the applicant. Disbursements may be made from the escrow fund only after approval by the Board reviewing the application.
Disbursements shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of development under construction, and for review by outside consultants, including but not limited to the Engineer, Attorney, and planning review, their staff and any additional experts required for a proper review and documentation, when an application is of a nature beyond the scope of expertise of the professional(s) normally utilized by the City of Hoboken. Where the review costs exceed the escrow deposit fee, the applicant shall pay the additional amount within fifteen (15) days of the request. Failure to remit the additional required deposit within the requested timeline shall render the application incomplete, and no further action or proceedings shall be taken by the review Board until after compliance. Where the review costs are less than the amount of the escrow deposit, the difference shall be returned to the applicant within one hundred twenty days (120) of final disposition of the application. An application is deemed incomplete until all application fees and escrow deposits are submitted.
A. Site plan or conditional use.
(1) Application fees.
(a) Minor site plan: four hundred dollars ($400.).
(b) Preliminary residential site plan and conditional use approval: five hundred dollars ($500.) plus fifty dollars ($50.) per dwelling unit.
(c) Preliminary site plan and conditional use approval under five thousand (5,000) square feet: five hundred dollars ($500.).
(d) Preliminary site plan and conditional use approval between five thousand and nine thousand nine hundred ninety-nine (5,000 - 9,999) square feet: one thousand dollars ($1,000.), plus fifty dollars ($50.') for every one thousand (1,000) square feet.
(e) Preliminary site plan and conditional use approval between ten thousand (10,000) and twenty five thousand (25,000) square feet: one thousand five hundred dollars ($1,500.) plus fifty dollars ($50.) for every one thousand (1,000) square feet.
(f) Preliminary site plan and conditional use approval over twenty-five thousand (25,000) square feet: two thousand dollars ($2,000.), plus fifty dollars ($50.) for every one thousand (1,000) square feet.
(g) Final site plan: fifty percent (50%) of preliminary site plan fee.
(h) Amendment or extension of preliminary or final site plan or conditional use approval: five hundred dollars ($500.).
(2) Escrow deposits.
(a) Minor site plan: one thousand dollars ($ 1,000.).
(b) Preliminary residential site plan: one thousand dollars ($1,000;) plus one hundred dollars ($100.) per dwelling unit.
(c) Preliminary site plan and conditional use approval under five thousand (5,000) square feet: one thousand dollars ($1,000.).
(d) Preliminary site plan and conditional use approval between five thousand and nine thousand nine hundred ninety-nine (5,000 - 9,999) square feet: four thousand dollars ($4,000.).
(e) Preliminary site plan and conditional use approval between ten thousand (10,000) and twenty-five thousand (25,000) square feet: four thousand dollars ($4,000.).
(f) Preliminary site plan and conditional use approval over twenty-five thousand (25,000) square feet: five thousand dollars ($5,000.).
(g) Final site plan: fifty percent (50%) of preliminary site plan fee.
(h) Amendment or extension of preliminary or final site plan and conditional use approval: one thousand dollars ($ 1,000.).
B. Inspection fees and guaranties. (Amended 5-7-2003 by Ord. No. DR-90]
(1) Improvements. After final site plan or planned development approval has been granted and prior to the initiation of any construction approved pursuant to this chapter and prior to issuing a certificate of occupancy, the City of Hoboken shall receive a check from the applicant payable to the city for the greater of fifty dollars ($50.) or ten percent (10%) of the estimated cost of on-site and off-site improvements to cover inspection costs for drainage, paving, landscaping, curbing and other improvements which relate to matters involving public facilities or matters of public health, safety and welfare.
(2) Performance guaranty. A certificate of occupancy shall not be issued until all required improvements are installed, improved and functioning properly, all in accordance with the provisions of this chapter. In lieu of completion, a performance guaranty acceptable to the Construction Official or Board giving approval in a form approved by the City Attorney and in an amount determined by the Board Engineer to be sufficient to complete all remaining improvements within one (1) year shall be received by the City Clerk. In the case of development subject to site plan or subdivision review, no final certificate of zoning compliance shall be issued until final site plan or subdivision approval by the Planning Board or Board of Adjustment. In the case of developments subject to conditional use approval, no final certificate of zoning compliance shall be issued until all of the approvals have been complied with.
C. Appeals, interpretations and variances.
(1) Application fees.
(a) Hear and decide appeals, pursuant to N.J.S.A. 40:55D-70a: three hundred dollars ($300.).
(b) Hear and decide interpretation of the Zoning Map or Ordinance, pursuant to N.J.S.A: 40:55D-70b: three hundred dollars ($300.)
(c) Hardship variance, pursuant to N.J.S.A. 40:55D-70c: three hundred dollars ($300.) for the first variance, one hundred fifty dollars ($150.) for each additional variance.
(d) Use variance, pursuant to N.J.S.A. 40:55D-70d: five hundred dollars ($500.) for the first variance, two hundred fifty dollars ($250.) for each additional variance.
(2) Escrow deposits.
(a) Hear and decide appeals, pursuant to N.J.S.A. 40:55D-70a: five hundred dollars ($500.).
**Webmasters Note: The previous subsections, A(2)(c) through C(2)(a), have been amended as per Supplement No. 49.
(b) Hear and decide interpretation of the Zoning Map or Ordinance, pursuant to N.J.S.A. 40:55D-70b: five hundred dollars ($500.).
(c) Hardship variance, pursuant to N.J.S.A. 40:55D-70c: one thousand dollars ($1,000.) if not part of site plan, three thousand dollars ($3,000.) if part of site plan.
(d) Use variance, pursuant to N.J.S.A. 40:55D-70d: one thousand dollars ($1,000.) if not part of site plan, three thousand dollars ($3,000.) if part of site plan.
D. Costs associated with hearings. The Planning Board and Board of Adjustment shall provide verbatim recording of the proceedings by either stenographic, mechanical or electronic means.
E. Other fees.
(1) Application fees.
(a) Special meeting request: one thousand dollars ($1,000.).
(b) Informal or concept reviews: four hundred dollars ($400.).
(c) Redevelopment plan amendment: one thousand dollars ($1,000.).
(2) Escrow deposits.
(a) Special meeting request: no escrow deposit required.
(b) Informal or concept reviews: five hundred dollars ($500.).
(c) Redevelopment plan amendment: one thousand dollars ($1,000.).
F. Zoning review fee. All applications for any certification shall be accompanied by a check payable to the City of Hoboken for the amounts listed below Where an application involves more than one (1) of the categories itemized below, the fees applicable to each category shall be required
(1) Residential projects of one (1) to four (4) dwelling units one hundred dollars ($100.)
(2) Residential projects of five (5) or more dwelling units one hundred dollars ($100.) plus twenty-five dollars ($25.) for each additional dwelling unit over four (4).
(3) Nonresidential projects up to five thousand (5,000) square feet one hundred dollars ($100.)
(4) Nonresidential projects over five thousand (5,000) square feet and up to ten thousand (10,000) square feet two hundred dollars ($200.)
(5) Nonresidential projects over ten thousand (10,000) square feet and up to fifty thousand (50,000) square feet four hundred dollars ($400.)
(6) Nonresidential projects in excess of fifty thousand (50,000) square feet five hundred dollars ($500.)
G. Historic Preservation Commission review [Added 3-20-91 by Ord. No. P136] Every application to the Historic Preservation Commission for a review or hearing shall be accompanied by a check payable to the City of Hoboken for the following amounts When an application involves more than one (1) of the following, the fees applicable to each category shall be required.
(1) Application fees
(a) Residential projects of one (1) to four (4) dwelling units fifty dollars ($50.)
(b) Residential projects of five (5) or more dwelling units twenty dollars ($20.) per unit
(c)Nonresidential projects twenty-five dollars ($25.) per one thousand (1,000) square feet
