(a) Reproduction fees: $25 per sheet of the subdivision map(s) to be filed.
(b) Special meetings (requested by applicant): $2,000 per meeting, (3 hours maximum), excluding escrow review fees
(3) Amended application (formal hearing). After the Planning Board or Zoning Board of Adjustment has granted approval, an applicant may request amended approval. An amended approval shall be required for any request to increase the approved number of lots or units; to increase the floor area of any commercial or multifamily residential structure; increase the number of required or proposed parking spaces; to substantially modify any significant design detail, including but not limited to grading, drainage, street design or layout, landscaping or architectural design, curbs and sidewalks; to eliminate or modify any condition of approval; or create any new variance or design waiver relief.
(4) Amended application/field change approval (Board review required). Where minor changes in the plans have been made by the applicant or requested by other governmental agencies, whose approval was it condition of the Board's approval, involving no additional building area, parking or significant change in design and where such changes are technical in nature and do not affect the basis upon which the approval was granted, and do not require changes in any condition of approval, the applicant, through the Board Engineer, may request that the Board administratively approve the changes. Said administrative approval shall be considered during the next available Board meeting. Additional copies of the plat incorporating the changes as necessary for distribution must be submitted to the Board Engineer.
B. Resolution compliance review fee. As a condition of any approval granted by the Board, the applicant shall post an additional escrow fee deposit in an amount equal to 2570 of the base escrow fee under Subsection A, unless the Board Clerk determines that funds exist in the applicant's escrow account greater than or equal to 25% of the base escrow fee. Said additional fee shall be posted at the time that the plans, which have been revised in accordance with the resolution of approval, are submitted for compliance review.
C. Bond estimate preparation fee. Upon determination by the Board professionals that the plans have been revised in conformance with the resolution of approval, the applicant shall submit a quantity estimate and request the Township Engineer to prepare an estimate of the installation costs of the associated improvements of the approved development. The cost of the preparation of this estimate shall be reimbursed from the escrow review fees previously paid by the applicant.
D. Disposition of escrow review fees. The Chief Financial Officer (hereinafter "CFO") of the Township shall segregate the escrow review fees in individual accounts pursuant to N.J.S.A. 40:55D-53.2. Thereafter, the reviewing professionals shall prepare and submit vouchers to the CFO on a monthly basis in accordance with the schedules and procedures of the Township. Said voucher shall identify the personnel performing the service, the date the service was performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred. If the services are provided by a municipal employee, said employee shall prepare and submit to the CFO on a monthly basis a statement containing the same information as required on a voucher. The municipal employee shall charge the escrow account an amount equal to 200% of the sum of the product resulting from multiplying the hour base rate of the employee by the number of hours spent by the employee in reviewing the application or the inspection of the developer's improvements. The method of the notification to the applicant of the charges applied against the escrow account and the close-out procedure relating to the escrowed funds shall be in accordance with the provisions of N.J.S.A. 40:55D-53.2c and d, respectively.
E. Disposition of escrow review fees in excess of $5,000. Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with a municipality for professional services employed by the Township to review applications for development, for municipal inspection fees in accordance with N.J.S.A. 40:55D-53h or to satisfy the guarantee requirements of N.J.S.A. 40:55D-53a, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest eamed thereon, except as otherwise provided in this section, shall continue to be the property of the applicant and shall be held in trust by the Township. Money deposited shall be held in escrow. The municipality receiving the money shall deposit it in a banking institution or savings and loan association in this state insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the stale, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid, or applied to the purposes for which it was deposited, as the case may be; except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
F. Escrow deficiency/replenishment. When it has been determined by the Board Clerk that an escrow account has been depleted by 75% of the original fee or that there exists a deficiency in the escrow account, the Township shall so notify the applicant of the same, via first class mail, and the applicant shall pay any deficiency and replenish the escrow account in an amount equal to 50% of the original escrow deposit. Said payment shall be made to the Township within 10 days following the mailing of the notice. Failure of the applicant to pay any deficiency and/or replenish the escrow account within this time period shall result in the suspension of all work associated with the review, processing and/or inspection of the application until tae required payment is made. Notice of the suspension of the review shall be sent to the applicant in a subsequent mailing via first class mail. In the event that said deficiency/replenishment payment is not received by the Township within 20 days of said subsequent mailing, then the Board may dismiss the pending application without prejudice without further notice to the applicant. Any resubmission of an application so dismissed will require the submission of a new complete application, including all associated nonrefundable application fees and escrow deposits.
G. Refund of escrow deposits.
(1) Upon completion of the application and at the time that the applicant posts all required inspection fees (see Subsection H below), any unused escrow deposits shall be refunded to the applicant. Prior to the execution of a subdivision map or site plan by the appropriate Board officials or the issuance of a zoning permit or building permit, the Board Clerk shall require written confirmation from the Board professionals that there are no outstanding fees in conjunction with the application that are to be charged to the escrow account. In the event that additional fees to be charged to the escrow account are submitted and there is not sufficient funds to pay said fees, the applicant shall be notified to post such additional escrow deposit prior to the execution and release of the subdivision maps or site plan or the issuance of a zoning or building permit.
(2) In the event an application is denied, all unused escrow deposits shall be refunded to the applicant within 90 days of the date of the adoption of the resolution of denial.
H. Applicant notification to dispute charges and appeal.
(1) An applicant shall notify in writing the goveming body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to the provisions of this section. The governing body, or its designee, shall within a reasonable time period attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals established under N.J.S.A. 52:2713-127 any charge to an escrow account or a deposit by any municipal professional or consultant or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to N.J.S.A. 40:5513-53.4. An applicant or his authorized agent shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by this section, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account. An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(2) During the pendency of any appeal, the municipality or approving authority shall continue to process, hear and decide the application for development, and to inspect the development in the normal course, and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. II' a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
I. Inspection fees.
(1) Prior to the signing and recording of the final subdivision plat or the signing and release of the final site plan map or as a condition to the issuance of a zoning permit for the proposed development, the developer shall post a performance guarantee in favor of the Township in an amount equal to 120% of the estimated cost of the associated improvements and shall also post a deposit in the escrow fund to cover the Township's cost for inspecting said improvements in an amount equal to the greater of $500 or 5% of the estimated cost of said improvements.
(2) For those developments for which the inspection fees are less than $10,000, the inspection fees may, at the option of the developer, be paid in two installments. When the balance on deposit drops to 10%0 of the total inspection fee amount because the deposit paid by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining 50% of the inspection fee. For those developments for which the inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial deposit shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the total inspection fee amount because the deposit paid by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the total inspection fee amount. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
(3) In the event that the development project has been approved in phases or sections pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall be applied by phases or sections.
J. EDUCATIONAL FEE.
Pursuant to N.J.S.A. 40:55D-8(b) the following fees shall be due and payable in connection with the following categories of land use development applications submitted to the Township Planning Board and Board of Adjustment (Hereinafter referred collectively as "the Board"). The fee shall supplement the Administrative Fees currently charged to Applicants and shall be non-refundable and shall be used solely to offset requisite educational fees incurred by "the Board". The fee denoted as "Educational Fee" shall be utilized exclusively to offset the cost of continuing educational costs and fees incurred by members of the Board as necessitated in order to maintain valid board status. No application may be deemed complete until all applicable non-refundable educational fees have been paid as follows:
2) All ordinances and parts of ordinances inconsistent herewith are hereby
repealed.
3) If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to that section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this ordinance shall be deemed to be valid and effective.
4) This ordinance shall take effect upon final passage and publication pursuant to law.
**Webmasters Note: The previous subsection, J., has been added as per Ordinance NO. 4046- 06.
A. Purpose. The purpose of establishing the Site Plan Review Advisory Board includes providing advice and assistahce to the Planning Board in achieving the following specific objectives:
(1) To promote the goal of fostering civic pride in the beautiful and noble accomplishments of the past by promoting the protection, enhancement and perpetuation of such landmarks which represent or reflect elements of the Township's cultural, social, economic, political and architectural history.
(2) To promote the use of historic landmarks for the education, pleasure and welfare of the citizens of the Township and its visitors.
(3) To maintain and protect the environmental quality the various areas of the Township offer to their residents and the Township, including scenic vistas, landscaping, waterways and open spaces.
(4) To preserve and protect any unique architectural quality.
(5) To preserve and protect the quality of planning, including vehicular and pedestrian circulation, balance between buildings and open spaces and harmonious scale of development.
(6) To guide future development that is consistent with the existing character, quality and historic significance of the area.
(7) To channel private expenditures into development, beautification and maintenance of public areas, parks and landmark buildings.
(8) To promote the most desirable use of land and thus to conserve the value of the land and buildings, thereby protecting the Township's tax revenue.
(9) To encourage the provisions of facilities to serve visitors, such as recreation and parking facilities.
(10) To alleviate vehicular traffic congestion and promote pedestrian circulation.
(11) To promote the most desirable use of land in accordance with a well-considered plan to preserve the special character and quality of the Township.
B. Creation of the Site Plan Review Advisory Board is hereby authorized. The Board members shall be appointed by the Township Committee.
C. Membership and terms.
(1) The Board shall consist of five members, appointed to terms of three years. However, members first appointed shall be for the following terms:
(a) One member shall be appointed for a one-year term.
(b) Two members shall be appointed for a two-year term.
(c) Two members shall be appointed for a full three-year term.
(2) Thereafter, the successors of each member shall be appointed for the full term of three years. Two alternates may be appointed.
D. Qualification of members. Members shall have the following qualifications:
(1) A majority of members shall be persons educated, trained or licensed in the fields of architecture, planning, landscape architecture or engineering. At least one of the members shall be an architect. Members should be licensed professionals in the State of New Jersey and/or with professional degrees from an accredited higher education institution. Other fields considered important are ecology, education, architecture or art history, real estate, public relations and government.
(2) Not more than one municipal officer, official or employee may be appointed to the Site Plan Review Advisory Board.
(3) A member of the Planning Board shall be appointed as liaison to the Site Plan Review Advisory Board by the Chairman of the Planning Board but shall not have a vote on the Site Plan Review Advisory Board.
E. Organization. The Board shall elect a Chairman and Vice Chairman to preside at meetings, and the Board shall formulate rules and procedures for the conduct of business and shall meet regularly as appropriate to properly execute its review responsibilities.
F. Powers and duties. The Site Plan Review Advisory Board shall:
(1) Prepare and submit to the Planning Board, for its approval, architectural guidelines for the restoration of existing structures and new development in the Village Business Zone, the Village Seaport Zone and the Village Office Zone within 120 days (or such extension thereof as the Planning Board may approve) from the date of the first organizational meeting of the Advisory Board which shall be held not later than 30 days after appointment of the full membership of the Advisory Board.
(2) Prepare and submit to the Planning Board, for its approval, alternate site development regulations in the Village Business Zone, the Village Seaport Zone and the Village Office Zone within 90 days (or such extension thereof as the Planning Board may approve) from the date of Planning Board approval of the architectural guidelines cited above.
(3) Review all plans for the restoration of existing buildings and/or new developments in the Village Business Zone, the Village Seaport Zone and the Village Office Zone, and within 21 days of referral from the Planning Board make recommendations to the Planning Board based upon the architectural guidelines and the regulations of the zoning district.
(4) Review any other plans which the Planning Board may refer to the Site Plan Review Advisory Board and, within 21 days of such referral, make recommendations to the Planning Board.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Administrative Officer, who shall have such powers as are conferred upon him by this chapter and as reasonably may be implied. He shall be appointed as provided in the Administrative Code. 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 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 he 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 his duties.
A. Development permit.
(1) Development permits shall hereafter be secured from the Administrative Officer prior to filing of a subdivision; or the issuance of a building permit for the construction, erection or alteration of any structure or sign or part of a structure; or upon a change in the use of a structure or land; or prior to any use of or alteration of the natural condition of a parcel of land or the construction of any improvement above or below the ground. Where no building permit is required, the development permit shall be secured prior to the issuance of a certificate of occupancy.
(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 Ocean County Engineering Department.
(b) Drainage permit from the New Jersey Department of Transportation.
(c) Stream encroachment permit from the New Jersey Department of Environmental Protection.
(d) Coastal Area Facility Review Act (CAFRA) 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) Sewage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection.
(h) Land disturbance permit from the Dover Township Environmental Commission.
(i) Tree removal permit from the Dover Township Environmental Commission.
(j) Floodplain permit as required by Chapter 313, Flood Damage Prevention, of the Code of the Township of Dover.
(k) Wetlands permit required by Chapter 497, Watercourses and Coastal Wetlands, of the Code of the Township of Dover.
(3) Plot Plans and as-built survey:
a. Any permit relating to the following land development activities shall include the submission of two (2) copies of a plot plan prepared by a professional engineer, licensed in the State of New Jersey:
1) New single or two-family residential dwellings including but not limited to new dwellings to be constructed on lots approved by a Toms River land use board;
2) All additions to existing single or two-family dwellings;
3) In-ground swimming pools;
4) Driveway expansions exceeding 150 square feet in total area;
5) Curb installation;
6) Any structure with a footprint exceeding 150 square feet in total area;
7) Any regrading or disturbance of a lot exceeding 150 square feet iii total area;
8) Any new paving of a lot exceeding 150 square feet in total area
No permit for the above activities shall be issued until the submitted plot plan is reviewed and approved by the Township Engineer's Office. This requirement is intended to be in addition to those of NJAC 7:8 with regard to minor/major projects as defined in said regulations.
b. Individual plot plans should include the following information:
1) Bearing and distances
2) North arrow; written and graphic scale
3) Existing/proposed easement and dedications
4) Existing/proposed building dimensions; pool dimensions
5) Existing/proposed sidewalks, driveways, and retaining walls
6) Building envelope graphically depicting and dimensioning zoning setback requirements and/or setbacks approved by the Board, if applicable
7) Street name, right-of-way width and pavement width of the street(s) fronting the lot
8) The title block on the plot plan which must include the property address, the block and lot number of the property in question and the name of the applicant.
9) Limits of clearing and soil disturbance 1
10) Existing trees to be protected and remain
11) Location of wetlands and/or any other environmental constraints to the property. If there are no wetlands, then a note should be added to the plan stating that no wetlands exists on the subject on the subject property.
12) Sufficient street elevations including center line, gutter and top of curb (if applicable); existing and proposed lot elevations to include, at a minimum, property corners, midpoints of property lines, building corners and center of lot; the finished first floor, basement and garage floor elevations of the proposed structure; top of pool and sidewalk elevations. All elevations shall be according to the NGVD (National Geodetic Vertical Datum) and the source of datum so noted. Any specific circumstances for which elevation requirements cannot be met will be subject to review by the Township Engineer and Construction Official on a case-by-case basis. Under no circumstances shall individual lots be graded in such a manner as to redirect stormwater runoff onto an adjacent and/or downstream property or disturb or change the existing drainage patterns of an adjacent lot. Drainage flow arrows shall be provided to clearly depict the directions of stormwater runoff. No grading or the creation of sump conditions shall be permitted on adjacent lot(s) unless permission has been specifically granted, in writing, by the owner of said adjacent lot(s).
13) Location of any storm drainage pipes within 25 feet of the property including pipe size, grade, and invert.
14) Lot grading which shall be designed to provide positive runoff with grades at a minimum slope of 2%.
15) Other items that may be required by the Township Engineer for proper construction of the site.
c. The Township Engineer will review the submitted documents and either disapprove or approve the submitted plot plan. The applicant will be notified if any revisions are required. (All plot plan reviews will be copied to the Construction Official).
d. The Construction Official shall not issue a construction permit until the Township Engineer approves the proposed individual plot plan.
e. Each individual plot plan shall be drawn to a scale (not less than one inch equals 50 feet), signed and sealed by a professional, as defined in N.J.S.A. 13:40-7.3, licensed to practice in the State of New Jersey, and shall be no smaller than 8 1/2 inches by 14 inches.
f. Plot plans of Board approved projects shall match approved subdivision/site plans.
g. If a basement is proposed, a subsurface soil investigation certified by a licensed engineer shall be submitted with the plot plan.
h. The applicant shall submit a foundation survey prior to an inspection of the foundation for approval and backfilling. This survey shall include the location of the foundation. If the as-built survey establishes locations or elevations different from those submitted in the plot plan, changes in the proposed grading shall be noted.
i. The applicant shall submit a final as-built topographical survey for new residential/commercial construction signed and sealed by a professional engineer or land surveyor prior to requesting a final certificate of occupancy (CO) inspection from the Township Engineer. An as-built survey of a swimming pool may be required at the discretion of the Township Engineer.
j. A final inspection for a swimming pool is required from the Engineering Department prior to use.
k. Fee: All plot plans shall be accompanied by a fee of one hundred ($100.00) dollars.
**Webmasters Note: The previous subsection, A(3), has been added as per Ordinance No. 4158-08.
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 years preceding the effective date of P.L. 1975, c. 291, 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, and whenever such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof. [Amended 3-11-1980 by Ord. No. 1909]
(2) The Administrative Officer shall make and issue such certificate within 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 Dover Township a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of P.L. 1975, c. 291.
(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 that the subdivision of which the lands are a part is a validly existing subdivision.
(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 Township pursuant to the provisions of N.J.S.A. 40:55D-55 and § 348-3.1 1 of this chapter.
(6) If the Administrative Officer designated to issue any such certificate fails to issue the same within 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 Township pursuant to N.J.S.A. 40:55D-55 and § 348-3.11 of this chapter.
(7) Any such application addressed to the Township Clerk shall be deemed to be addressed to the proper designated officer, and the Township 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 Building Code. No building permit shall be issued unless the applicant shall have first secured a development permit.
(1) New uses.
(a) No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official. In addition, certificates of occupancy shall not be issued for any change of ownership, change of use or new use other than one- and two-family homes until approval shall have been received from the Dover Township Bureau of Fire Prevention.
(b) 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 Building Code and other codes and ordinances affecting construction and occupancy.
(c) A temporary certificate of occupancy may be issued pursuant to § 348-7.8 of this chapter for any structure or use for which site plan approval has been secured but for which not all conditions of approval have been complied with.
(2) Existing uses.
(a) At 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 to the provisions of this chapter.
(b) Nonconforming uses and buildings. No change or extension of use and no alterations shall be made in a nonconforming structure, use or premises without an occupancy permit having first been issued by the Construction Official stating that such change, extension or alteration is in conformity with the provisions of this chapter or that same has been permitted by action of the Zoning Board of Adjustment or Planning Board.
(3) Change of use. Whenever there occurs a change in the use of a building, structure or land, a new certificate of occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. For the purposes of this section, "change in use" shall be broadly construed and shall, for example, include substitution of one type of retail trade use for another and of a particular industrial manufacturing use for another. A certificate of occupancy shall be obtained for each and every change and/or addition of commercial or industrial occupancy. The Construction Official may issue such certificate if the Administrative Officer determines that the requirements of this chapter are not more stringent than those of the previous occupancy and provided that the applicant has met the requirements of other applicable regulations.
(4) 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.
(5) Improvement required. No certifcate of occupancy shall be issued until required improvements have been installed in accordance with the provisions of this chapter.
(6) 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.
E. Certificate of nonconformance. Pursuant to N.J.S.A. 40:55D-68, any person interested in any land upon which a nonconforming use or structure exists may apply, in accordance with the following requirements, for the issuance of a certificate of nonconformance. Such application may be made to the Zoning Officer within one year of the adoption of the ordinance rendering such use nonconforming or at any time to the Board of Adjustment. The applicant shall have the burden of proof in all cases. [Amended 2-22-1995 by Ord. No. 3084-95]
(I) The certificate of nonconformance shall state in what specific respects the use, building or lot does not comply with the provisions of this chapter.
(2) Application for a certificate of nonconformance shall be made on a printed form to be supplied by the Administrative Officer and shall contain accurate information as to use, the size and location of buildings or structures on the lot, the dimensions of all yards and open spaces and such other information as may be required to determine nonconformance.
(3) A record of all certificates of nonconformance shall be kept on file in the office of the Administrative Officer, and copies may be furnished, on request, to any person having a proprietary or tenancy interest in the building or land affected.
F. Land disturbance permit. Except as otherwise provided in Chapter 438, Soil Disturbance, of the Code of the Township of Dover, a land disturbance permit shall be obtained from the Dover Township Environmental Commission prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No land disturbance permit shall be issued until a development permit shall have first been issued for the subdivision, building, structure or use, except that the Planning Board and Township Engineer may authorize the issuance of a land disturbance permit prior to issuance of a development permit as provided for in § 348-6.9F or 348-6.1 10F of this chapter.
