The duty of administering and enforcing the provisions of this Chapter is hereby conferred upon the Administrative Officer or his designee, who shall have such powers as are conferred by this Chapter, and as reasonably may be implied. The Officer shall be appointed by the Borough Council. In no case shall a development permit be granted for a subdivision 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 or his designee shall have the right to enter any building or premises during the daytime, or other normal business hours of the premises, in the course of performing these duties. (Ord. #686, S 13-3.5)
a. Development Permit.
1. Development permits shall hereafter be secured from the Administrative Officer prior to:
(a) Filing of (or recording a deed of) or resubdivision of any land; a subdivision application for; and/or
(b) Application for and/or issuance of any construction permit except a permit for minor work (as defined by N.J.A.C. 5:23-2.17A);
(c) The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure;
(d) Application for and/or issuance of any permit for a new or expanded or relocated sign;
(e) Application for and/or issuance of any permit for erection of a fence;
(f) Any change in use or occupancy (as herein defined) of any building, structure or land;
(g) Any alteration in the natural condition of any parcel of land;
(h) Any use of any portion of any parcel of land for any activity regulated by this Chapter;
(i) The construction of any site improvement either above or below ground;
(j) The issuance of any Certificate of Occupancy where no building permit was previously required.
2. 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) Required permits from the U.S. Army Corps of Engineers for work within navigable waterways.
(h) Sewerage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection.
(i) Land disturbance permit from the Freehold Area Soil Conservation District.
3. 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.
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 land 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 not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to the municipality.
5. Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate 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. Building Permit. No building or structure shall be erected, restored, added to, or structurally altered until a permit therefor has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the Uniform Construction Code. No building permit shall be issued unless the applicant shall have first secured a development permit.
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 certificate 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.
A Temporary Certificate of Occupancy may be issued pursuant to the provisions of this Chapter including specifically, but not limited to Subsection 25-7.8, 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. Upon written request from the owner, tenant, occupant, or purchaser under contract, the Construction Official, after inspection, shall issue an occupancy permit for a use legally existing at the time this Chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this Chapter.
4. Change of Use. Whenever there occurs a change in the occupancy or use (as herein defined) 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 that such change in occupancy or use is not a "change in use" as herein defined and determines, therefore, that a development permit is not required provided that the applicant has met the requirements of other 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.
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. #686, S 13-3.6; Ord. #1989-10, S 1)
It shall be the duty of the Administrative Officer 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 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. (Ord. #686, S 13-3.7)
In the application and interpretation 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 or that imposing the higher standards, shall govern.
(Ord. #686, S 13-3.8)
Any portions of other ordinances which contain provisions inconsistent with this Chapter are hereby repealed to the extent of such inconsistency, except as provided by Subsection 25-5.1 and, except that any building permit, variance, special use permit, occupancy permit or other permit validity 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. #686, S 13-3.9)
a. For any and every violation of the provisions 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 owner, general agent, 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 maintain any building or premises in which any such violation shall exist, shall, for each and every day that violation continues, be subject to a fine of not more than one thousand ($1,000.00) dollars or be imprisoned for a term not exceeding one hundred eighty (180) 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 Subsection 25-6.1 prior to issuance of a development permit.
2. Engage in any of the activities referred to in Subsection 25-5.2, paragraphs (a) or (b) prior to issuance of a development permit.
3. Engage in any of the activities referred to in Subsection 25-14.1, paragraphs a, b, or c prior to issuance of a development permit.
4. Engage in any of the activities referred to in Subsection 25-3.6a, 1, paragraphs (a), (b), (c), (f), (g), (h), or (i), and Subsection 25-8.27b,1, paragraph (a) prior to issuance of a development permit.
5. After approval of a development permit, fail to follow, during construction, the approved site or subdivision plans and/or observe any and all conditions of approval contained it, any resolution of the Municipal Agency.
6. Fail to observe the intent of the general objectives or the general standards under the provisions of Subsection 25-8.27 of this Chapter.
7. Fail to observe the standard of Subsection 25-7.7 during construction.
8. 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.
9. 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 resolution of the Municipal Agency or of the development permit.
10. 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 25-5, 25-7 and 25-8.
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 disposition so made may be deemed a separate violation.
d. In addition to the foregoing, the municipality may instititute 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 has not been issued in accordance with Subsection 25-13.6b of 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 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.
e. If, after final approval 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 has not been obtained.
f. If the developer or agent of the developer shall, after notification by certified mail from the Engineer or the Administrative Officer or his designee to cease the construction of improvements, cease the use of or lack of use of the 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 Engineer or the Administrative Officer or his designee; then any such developer or agent of such developer shall be subject to a fine not to exceed one thousand ($1,000.00) dollars, or to imprisonment for not more than one hundred eighty (180) 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 by the Engineer or the Administrative Officer or his designee shall be considered a separate and specific violation.
(Ord. #686, S 13-3.10)
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. (Ord. #686, S 13-3.11)
If any section, paragraph, subdivision, clause or provision of this Chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and remainder of this Chapter shall be deemed valid and effective. (Ord. #686, S 13-3.12)
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 date of 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 subsection "A" of this Section 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. #686, S 13-3.13)
Upon adoption of this Ordinance the Borough Clerk shall file a copy of this Ordinance with the Monmouth County Planning Board as required by N.J.S.A. 40:55D-16. (Ord. #686, S 13-3.14)
Except as otherwise provided in this Chapter, the lawful use of the land or a building existing at the date of the adoption of this Chapter may be continued although such use or building does not conform to the regulations specified by this Chapter for the zone in which such land or building is located; provided, however, that:
a. No nonconforming lot shall be further reduced in size.
b. No nonconforming structure shall be enlarged, extended or increased unless such enlargement is conforming.
c. No nonconforming use may be expanded.
d. A prospective purchaser, prospective mortgagee, or any other person interested in any land upon, which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existing before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof.
Application pursuant hereto may be made to the Administrative Officer within one (1) year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Board of Adjustment. The Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in R.S. 54:5-14 and R.S. 54:5-15. The fees collected by the official shall be paid by him to the municipality. Denial by the Administrative Officer shall be appealable to the Board of Adjustment. Sections 59 through 62 of P.L. 1979, c. 291 (C. 40:55D-72 to C. 40:55D-75) shall apply to applications or appeals to the Board of Adjustment.
(Ord. #686, S 13-4.1)
