These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the municipality. Any action taken by the municipality under the terms of this Ordinance shall give primary consideration to the above mentioned matters and to the welfare of the entire community.
It shall be the duty of the Construction Official and Zoning Officer of the municipality to administer and enforce the provisions of this Ordinance. No structure or building improvement shall be erected until a zoning permit is obtained by the Zoning Officer and a construction permit is obtained from the Construction Official and no structure or lot shall be used in violation of this Ordinance. It shall be the duty of the Zoning Officer to keep a record of all applications and all zoning permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the municipality's public records. A quarterly report of zoning permits issued shall be filed with the municipal tax assessor. It shall be the duty of the Zoning Officer to inspect the structures and land in the municipality and order the owner in writing to remedy any condition found to exist in violation of any provision(s) of this Ordinance.
A. When required. A zoning permit shall be issued prior to:
1. The commencement or change of use of a property, building or structure (for example: the change in ownership of a business or property, a change from office to retail use);
3. The construction, erection, extension, reconstruction, alteration, conversion, or installation of any building structure or portion of a structure (for example: new dwelling units, room additions, decks, porches, sheds, and swimming pools);
4. Issuance of a Certificate of Appropriateness, where applicable.
B. Submission requirements. Every application for a zoning permit shall be accompanied by two (2) copies of a current survey/site plan and one (1) set of construction plans drawn in ink or a blueprint showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of all existing and proposed structures and substructures, all existing easements, the existing or intended use of each structure, the number of dwelling units the structure is designed to accommodate, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Ordinance. All surveys must be prepared by a land surveyor. Survey information may be transposed to a site plan if the date of the survey and by whom and for whom it was prepared is noted on the site plan. Vegetation, general flood plain determinations or general location of existing utilities, buildings or structures may be shown by an architect, planner, engineer, land surveyor, certified landscape architect or other person acceptable to the reviewing governmental body.
**Webmasters Note: The previous subsections, A. and B., have been amended as per Ordinance No. 07-49.
C. Lot grading and elevation plan. As a condition precedent to the issuance of a new zoning permit, a proposed plot plan for each individual lot shall be submitted to the Municipal Engineer for review and approval. Details of the individual plot plan shall conform to the submission requirements outlined in Section 1010 "Plot Plan and As-built Survey".
**Webmasters Note: The previous subsection has been amended and subsections D. and E. deleted as per Ordinance No. 07-11.
F. Waiver of Grading Plan. The Township Director of Engineering and Planning may waive the submission requirement of a proposed lot grading and elevation plan, required in Paragraph D above, for properties within the Historic Zone Districts and in other specific cases where the proposed average grade changes, before development and at the completion of development, is less than eighteen (18) inches. A waiver may be granted if the applicant submits a written request to the Director of Engineering and Planning for the waiver accompanied by sufficient elevation information for the Director of Engineering and Planning to make a determination concerning the request and the Director of Engineering and Planning approves of the waiver request in writing.
**Webmasters Note: The previous subsection has been added as per Ordinance No. 07-11.
A. Certificate of occupancy required. It shall be unlawful to use or permit the use of any structure or part(s) thereof, either occupied by a new use or occupant or hereafter erected, altered, converted or enlarged wholly or in part, until a certificate of occupancy shall have been issued by the Construction Official. It shall be the duty of the construction official to issue a certificate of occupancy only when:
1. The structure or part(s) thereof and the proposed use conform to this Ordinance and all other applicable codes and ordinances of the municipality;
2. Prior site plan, subdivision and variance approvals, as may be necessary, have been granted by the appropriate board in accordance with the provisions of this Ordinance;
3. All local taxes and assessments on the property have been paid; and
4. A letter from each utility company has been received by the municipality stating that the utility has been inspected, has been installed in accordance with the approved plan and is ready for use.
5.Soil certification:
(a) A soil certification must be obtained from the Municipal Engineer prior to the issuance of a certificate of occupancy. An as-built plan of site improvements shall be submitted for review when the soil certification is requested. The as-built grading plan shall be prepared by a land surveyor licensed in the State of New Jersey in accordance with the Engineering Departments Standards.
(b) If site conditions do not warrant issuance of a permanent soil certification, a temporary soil certification may be issued at the discretion of the Municipal Engineer. If a temporary soil certification is issued, a bond for permanent stabilization shall be submitted in accordance with the fee schedule established by the Municipal Engineer.
(c)If stabilization of the soil is not completed in accordance with a schedule as approved by the Municipal Engineer, the performance guarantee held to ensure such stabilization shall be forfeited upon 30 days written notice from the Municipal Engineer and the funds used to complete the required work.
6. Zoning permit. A valid zoning permit must be issued by the Zoning Officer prior to the issuance of a certificate of occupancy. The applicant may submit the as-built grading plan mandated in -A.5 above or a location plan indicating the required and constructed yard areas and other pertinent zoning information as deemed necessary by the Zoning Officer.
7. Health Department approval. Approval of the Health Department shall be obtained prior to the issuance of a certificate of occupancy in circumstances where the Department has jurisdiction.
B. Time for decision. A certificate of occupancy shall be granted or denied in writing within ten (10) business days from the date that a written notification is filed with the construction official that the erection of the structure is completed, unless additional time is agreed upon by the applicant in writing.
C. Temporary certificate of occupancy. A temporary certificate of occupancy may be issued for any structure or use for which site plan or subdivision approval has been granted, although not all conditions for such approval have been complied with. Such temporary certificate of occupancy shall be issued only in extenuating circumstances and only with the approval of the construction official who shall establish specific terms and conditions including, but not limited to, a timetable for the installation of the uncompleted improvements and the receipt of a performance guarantee assuring the installation if improvements as indicated on the approved plat or plan, and further that no zoning or construction permit will be issued for any accessory use or structure when a temporary occupancy permit has not been finalized by said occupant or builder except in excessively due hardship cases which involve the welfare, sanitary or structural requirements of said property or occupants.
D. Denial record. Should the construction official decline to issue a certificate of occupancy, the reason for doing so shall be so stated on two copies of the application and one copy shall be returned to the application and one retained in the file.
E. Invalidation. Upon notice being served of any condition found to exist in violation of any provision(s) of this Ordinance with respect to any land use, the certificate of occupancy for such use shall thereupon, without further notice, be null and void and a new certificate of occupancy shall be required for any further use of such structure or land. In the event of any unlawful encroachment or reduction of open space or yard area, the building or structure, as the case may be, shall be deemed in violation of the provisions of this Ordinance and the certificate of occupancy for such building or structure shall be null and void.
F. Monthly report. A monthly report of the certificates of occupancy issued shall be filed with the municipal tax assessor. A record of all certificates of occupancy shall be kept in the office of the construction official and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be established by resolution of the governing body except that there shall be no charge to a municipal agency.
In case any building or structure is erected, constructed, reconstructed, altered, moved or converted; or any building, structure or land is used in violation of, or contrary to, the provisions of this Ordinance, the municipality may institute an action to enjoin or take any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use. However, nothing is this Ordinance shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
A. Fines.
1. Any person, firm or corporation that shall violate any provisions of this Ordinance shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be fined such sum not exceeding $1,250, as such court in its discretion may impose; or, if the party so convicted be a natural person, such person may be imprisoned for such term not exceeding ninety (90) days, as such court in its discretion may impose; or be fined a sum not exceeding $1,250, as such court in its discretion may impose; or such natural person may be both imprisoned and fined not exceeding the maximum limits set forth herein, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.
2. The owner of any building or structure, lot or land, or part thereof, and/or the tenant or occupant of any building or structure, lot or land, or part thereof, where anything in violation of this Ordinance shall be placed or shall exist or be suffered, allowed or permitted to exist; and any architect, builder, developer, contractor, agent, person or corporation engaged in connection therewith and who assists in the commission of any such violation, shall each be guilty of a separate violation, and upon conviction thereof shall each be liable to the fine or imprisonment, or both, specified above.
B. Selling Land Before Final Subdivision Approval.
1. If, before final subdivision approval has been granted, any person as owner or agent, transfers or sells or agrees to transfer or sell any land which forms a part of a subdivision for which municipal approval is required in accordance with the provisions of this Ordinance, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall be subject to a penalty not to exceed $1,000.00, and each lot disposition so made may be deemed a separate violation.
2. In addition to the foregoing, the municipality may institute and maintain a civil action:
(a) For injunctive relief; and
(b) To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
3.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 subdivider or his or her assigns or successors, to secure the return of any deposit 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 conveyance of said land, or within six (6) years if unrecorded.
