a. Development Permit.
1. Development permits shall hereafter be secured from the Zoning Officer prior to:
(a) Application for and/or issuance of any building permit except for minor work or ordinary repairs as defined in the Uniform Construction Code;
(b) The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure.
(c) Application for and/or issuance of any permit for a new expanded or relocated sign;
(d) Application for and/or issuance of any permit for erection of a fence;
(e) Any change in use or occupancy (as herein defined);
(f) Any alteration exceeding five thousand (5,000) square feet in the natural condition of any undeveloped parcel of land including but not limited to the alteration of drainage patterns, removal of soil, regrading, and removal of trees and ground cover provided, however, that such alterations located on and necessary to the operation of a farm as defined in this Chapter shall not require a development permit;
(g) Any use of any portion of any parcel of land for any activity regulated by this Chapter;
(h) The construction of any site improvement either above or below ground;
(i) The issuance of any certificate of occupancy where no building permit was previously required;
(j) The excavation, removal, or addition of soil or fill to or from any site exceeding ten (10) cubic yards.
2. An application for development permit shall be in writing by the owner or his authorized agent and include the following:
(a) A statement of the use or intended use or uses of the building, structure or land.
(b) An elevation drawn to scale of the building or structure to be erected including signs to be placed thereon and their content and manner of construction.
(c) A plan drawn to scale showing all proposed and/or existing buildings, signs, parking areas, setbacks, and yard distances in exact relocation to street and lot lines.
(e) The location of any wetlands, easements, or floodplains.
3. The Administrative Officer (Zoning Officer) shall take action on a complete application for a development permit within forty-five (45) days of its submission.
4. Prior to issuance of a development permit, the applicant shall have, where applicable, secured other required permits including, but not limited to:
(a) Access permit from the New Jersey Department of Transportation and/or Monmouth County Engineering Department.
(b) Drainage permits from the New Jersey Department of Transportation.
(c) Stream encroachment permit from the New Jersey Department of Environmental Protection.
(d) Coastal Area Facilities Review Act (C.A.F.R.A.) permit from the New Jersey Department of Environmental Protection.
(e) Wetlands permit from the New Jersey Department of Environmental Protection.
(f) Riparian construction permit from the New Jersey Department of Environmental Protection.
(g) Waterfront development permit from the New Jersey Department of Environmental Protection.
(h) Required permits from the U.S. Army Corps of Engineers and U.S. Coast Guard.
(i) Sewerage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection.
(j) Land disturbance permit from the Freehold Area Soil Conservation District.
(k) Floodplain encroachment permit.
(l) The Keansburg Municipal Utilities Authority.
(m) The Bayshore Regional Sewerage Authority.
5. Prior to the issuance of a development permit, the applicant shall have secured all approvals required by this Chapter and shall have met any and all conditions of any Municipal Agency approval.
6. A fee of twenty-five ($25.00) dollars shall be paid to the Borough of Keansburg with the submission of a development permit application.
b. Certificates as to Approval of Subdivision of Land.
1. The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three (3) years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the Administrative Officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name and the owner thereof.
2. The Administrative Officer shall make and issue such certificate within fifteen (15) days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
3. Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land," and shall certify:
(a) Whether there exists in the Borough a duly established Planning Board and whether there is an ordinance controlling subdivision of and adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(b) Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing the subdivision of which the lands are a part is a validly existing subdivision.
(c) Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided by N.J.S.A. 40:55D-1 et seq.
4. The Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee in accordance with the fee schedule.
5. Any person who shall acquire, for a valuable consideration, an interest in the lands covered by such certificates of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to the provisions of N.J.S.A. 40:55D-55.
6. If the Administrative Officer designated to issue any such certificate fails to issue the same within fifteen (15) days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to N.J.S.A. 40:55D-55.
7. Any such application addressed to the Borough Clerk shall be deemed to be addressed to the proper designated officer and the Borough shall be bound thereby to the same extent as though the same was addressed to the designated official.
c. Construction Permit.
1. No construction permit shall be issued unless the applicant shall have first secured a development permit.
2. No building or structure shall be erected, added to, or structurally altered until a permit thereon has bee issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the New Jersey State Uniform Construction Code. (N.J.S.A. 5:23-2.14)
1. Development Permit Required. No certificate of occupancy shall be issued for the use of any building, structure or land unless a development permit shall have first been issued for the use of such building, structure, or land.
2. New Uses. No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official.
Such certificates shall be issued upon application by the owner, prospective occupant, or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Uniform Construction Code and other codes and ordinances affecting construction and occupancy.
Temporary Certificate of Occupancy may be issued pursuant to the provisions of this Chapter for any structure or use for which site plan approval has been secured, but not all conditions of approval have been complied with.
3. Existing Uses at the Time of Passage of this Chapter or any Amendments Thereto. The prospective purchaser, prospective mortgagee, or any other person interested in any land or structure may apply in writing for the issuance of a certificate certifying that the use or structure legally existed before the adoption of the ordinance or the amendment and certifying the extent and kind of use. The applicant shall have the burden of proof. Application pursuant hereto shall be made to the Administrative Officer within one year of the adoption of the chapter or the amendment or at any time to the Planning Board and shall be accompanied by the established fee. A denial by the Administrative Officer shall be appealable to the Planning Board pursuant to N.J.S.A. 40:55D-72 et al.
4. Change of Use. Whenever there occurs a change in the occupancy or use of a nonresidential building, structure or land, a new certificate of occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. The Construction Official may issue such certificate if the Administrative Officer determines such change in occupancy or use is not a "Change in use" and that the applicant has met the requirements of the applicable regulations.
5. Scope of Certificate of Occupancy. The certificate of occupancy 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 a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this Chapter.
6. Improvement Required. No permanent Certificate of Occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this Chapter. A temporary Certificate of Occupancy may be issued to permit occupancy for a period not to exceed one year. If at the end of that period the required improvements have not been completed, the occupancy permit becomes null and void and the owner may be subject to the penalties herein defined by this Chapter.
e. Soil Erosion and Sediment Control Plan Certification. Where required, a Soil Erosion and Sediment Control Plan Certification shall be obtained from the Freehold Area Soil Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No such certification shall be valid until a development permit shall have first been issued for the subdivision, building, structure or use. (Ord. #1045, §3.4; Ord. #1258, §1; Ord. #1410, §1)
a. It shall be the duty of the Administrative Officer or his designee to keep a record of all applications, all actions of the Municipal Agencies, all complaints, all violations noted and a record or any action taken thereon and all development permits issued together with a notation of all special conditions involved. He shall file and safely keep all 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 Borough Council and of other officials of the Borough.
b. The Administrative Officer or his designee shall pre-pare a monthly report for the Borough Council, summarizing for a period since his last previous report all Development Permits issued 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 Administrator, Tax Assessor, Planning Board, Code Enforcement Officer, Construction Official and Engineer at the same time it is filed with the Borough Council. (Ord. #1045, §3.5; Ord. #1258, §1)
The duty of administering and enforcing the provisions of this Chapter is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred by this Chapter, and as reasonable may be implied. In no case shall a development permit be granted for a sub-division or the construction of or alteration of any building or site where the proposed construction, alteration or use thereof would be in violation of any provisions of this Chapter. It shall be the duty of the Administrative Officer or his designee 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 this Chapter, and the Officer shall have the right to enter any buildings or premises during the daytime, or other normal business hours of the premises, in the course of performing these duties. (Ord. #1045, §3.6)
In the application and interpretation of this Chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience, and general welfare of the Borough. Whenever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive of those imposing the higher standard shall govern. (Ord. #1045, §3.7)
Ordinance No. 797, entitled the Zoning Board of Keansburg, as amended, is hereby repealed in its entirety and any portions of other ordinances which contain provisions inconsistent with this Chapter are hereby repealed to the extent of such inconsistency, except as provided, and, except that any building permit, variance, special use permit, occupancy permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance. (Ord. #1045, §3.8)
a. For any and every violation of the provision of this Chapter, the applicant, subdivider, developer, owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agency, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation shall exist, shall for each and every day that such violation continues, be subject to a fine of not more than five hundred ($500.00) dollars or be imprisoned for a term not exceeding ninety (90) days, or both.
b. It shall be a violation of the provisions of this Chapter to:
1. Engage in any of the activities referred to in sub-section 22-3.4a. prior to issuance of a development permit.
2. Engage in any of the activities referred to in subsection 22-5.2. paragraphs c., d. and e.
3. Engage in any of the activities referred to in subsection 22-7.3 paragraphs a., b. and c. prior to issuance of a Development Permit.
4. After approval of a development permit, fail to follow, during construction, the approved site or sub-division plans and/or observe any and all conditions of approval contained in any resolution of the Municipal Agency.
5. Fail to observe the provisions of Section 22-7.
6. Fail to observe any direction of the Administrative Officer or his designee with regard to the suspension of any work not in conformance with approved plans or the conditions of any resolution of the Municipal Agency or of the development permit.
7. Fail to observe any direction of the Administrative Officer or his designee with regard to the correction, including any time limits imposed for such correction, of any work not in conformance with the approved plans or the conditions of any re-solution of the Municipal Agency or of the development permit.
8. After completion of a development, fail to operate and maintain the site in conformance with the approved plans, any condition of resolution of the Municipal Agency or of the development permit and/or any of the provisions or applicable design standards set forth in Sections 22-7, Section 22-8, and Section 22-9 of this Chapter.
The above shall not be construed to be an exhaustive list of those activities or actions or omissions which constitute violations of this Chapter. Other activities prohibited by or failure to engage in other activities required by this Chapter shall also be considered violations.
c. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this Chapter pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty not to exceed one thousand ($1,000.00) dollars and each lot so made may be deemed a separate violation.
In addition to the foregoing, the municipality may institute and maintain a civil action:
1. For injunctive relief; and
2. To set aside and invalidate any conveyance made pursuant to such a contract of sale provided a certificate as to the approval of subdivision has not been issued in accordance with this Chapter.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years, if unrecorded.
d. If, after final approval, it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the Municipal Agency or the Borough Council may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.
e. If the developer or agent of the developer shall, after notification by certified mail from the Zoning Officer or Borough Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures, or cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property; continue to carry on the activities specifically included in cessation order(s) from the Zoning Officer or Borough Engineer; then any such developer or agent of such developer shall be subject to a fine not to exceed five hundred ($500.00) dollars or to imprisonment for not more than ninety (90) days. Each and every day that a developer or agent of a developer operates in violation of this Chapter after issuance of a cessation order shall be considered a separate and specific violation. (Ord. #1045, §3.9)
All amendments to this Chapter and to the Zoning Map, which forms a part hereof, shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented. The map and schedule of area, yard and building requirements may be amended and supplemented by description and reference thereto, without republication of the entire map or detailed text of the schedule. (Ord. #1045, §3.10)
If any section, paragraph, subdivision, clause or provision of this Chapter shall be ad-judged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this Chapter shall be deemed valid and effective. (Ord. #1045, §3.11)
a. After the effective date of the ordinance adopting this Chapter, all new applications for development shall be subject to the provisions of this Chapter. Within forty-five (45) days of submission of any application for development, the Administrative Officer shall notify the developer in writing if an application for development is found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application forty-five (45) days after the submission. If a developer is notified that an application for development is incomplete, the Administrative Officer shall further notify the developer within forty-five (45) days of submission of all the additional plans and supporting documentation requested if an application for development is still found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application forty-five (45) days after submission of all the additional plans and supporting documentation requested.
b. All applications for development filed prior to the effective date of this Chapter may be continued, subject to the following:
1. The time limits for approval by the Municipal Agency set forth within this Chapter shall not apply unless the developer shall notify the Municipal Agency in writing that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of paragraph a. of this subsection and all other provisions of this Chapter.
2. If the developer does not notify the Municipal Agency that he desires the application for development to be considered within the time limits set forth in this Chapter, such application for development shall be processed and acted upon pursuant to the procedures heretofore in effect at the time of such application.
3. All approvals granted after the effective date of this Chapter shall confer upon the applicant all the rights set forth in this Chapter. (Ord. #1045, §3.12)
Upon adoption of this Chapter, and any amendments, the Borough Clerk shall file a copy with the Monmouth County Planning Board as required by N.J.S.A. 40:55D-16. Any zoning ordinance or amendment or revision which in whole or in part is inconsistent with or not designed to effectuate the land use plan element and housing plan element of the master plan shall not take effect until a copy of the resolution required by N.J.S.A. 40:55D-62 shall be filed with the Monmouth County Planning Board. (Ord. #1045, §3.13)
