In applying and interpreting the provisions
of this chapter, they shall be held to be minimum requirements adopted
for the promotion of the public health, safety, morals, comfort, convenience
or general welfare. The following specific regulations shall apply:
A.
A minimum required lot or yard size for one building
or structure shall not be used as any part of a required lot or yard
for a second structure.
B.
The required lot or yard for an existing building
or structure shall not be diminished below the minimum requirements
of this chapter.
C.
The parking spaces required for one building or structure
or use shall not be included in the computation of required parking
spaces for a second building or structure or use.
A.
Nothing contained in this chapter shall be taken to
repeal, abrogate, annul or in any way impair or interfere with any
provisions of law or ordinance or regulations, existing or as may
be adopted in the future; nor is it intended by this chapter to interfere
with or abrogate or annul any easements, covenants or other agreements
between parties; provided, however, that where this chapter imposes
a greater restriction upon the use of buildings, structures, premises,
lots or land, or upon the height of buildings or structures, or requires
larger lots, yards, courts or other open spaces than imposed or required
by such other provisions of law, ordinance or regulation, or by such
easements, covenants or agreements, the provisions of this chapter
shall control.
B.
Wherever the provisions of any other law or ordinance
or regulation impose a greater restriction than this chapter, the
provisions of such other law or ordinance or regulations shall control.
C.
No provision contained in this chapter shall be construed
as justifying the encroachment of any building or structure within
any street lines now or hereafter laid down on the Township Map.
[Amended 12-18-2019 by Ord. No. 19-28]
It shall be the duty of the Zoning Officer to
administer and enforce the provisions of this chapter. Should said
Zoning Officer be in doubt as to the meaning or intent of any provision
of this chapter, or as to the location of any district boundary line
on the Zoning Map, or as to the propriety of issuing a building permit
or a certificate of occupancy in a particular case related to the
provisions of this chapter, he shall appeal the matter to the Land
Use Board for interpretation and decision. The Zoning Officer shall
adopt rules of procedure, consistent with this chapter, for the purpose
of assuring efficient and uniform administration of its provisions.
[Amended 2-16-2005 by Ord. No. 4-05]
The Zoning Officer and his/her deputies and
assistants and the Construction Official, Code Enforcement Officer,
Township Engineer, Chief of Police and Fire Chief and their authorized
agents shall have the right and authority, at any reasonable hour,
to enter any building, structure, premises, lot or land, whether already
erected or put into use or in the course of erection and putting into
use, for the purpose of determining whether or not the provisions
of this chapter are being complied with.
A.
All procedure with respect to application for and issuance of building permits shall be in conformity with the provisions of Chapter 182, Construction Codes, Uniform. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.
B.
The plot plan shall show a separate lot for each main
building; provided, however, that where a development consists of
an integrated arrangement of dwellings, multiple dwellings or other
buildings designed and intended to be maintained in a single ownership,
the Construction Official may waive the requirement of showing separate
lots for each separate main building. New buildings, additions to
existing buildings that are over 500 square feet in size, accessory
buildings that are over 500 square feet in size or in-ground pools
shall be accompanied by an engineering plot plan of the subject lot
showing the location of the buildings and structures in relation to
the property and zoning setbacks, existing and proposed topographic
features on the property, existing and finished grades and other such
information as may be required to show that the proposed buildings
and site development comply with all of the requirements of this chapter
and land development regulations. The engineering plot plan application
shall be designed considering the relationship of the lot in question
with other adjoining properties for proper grading, erosion control
and surface drainage away from the building and lot in question on
a sound neighborhood development basis and without adverse effect
upon adjoining properties or public streets.
[Amended 2-16-2005 by Ord. No. 4-05; 5-19-2021 by Ord. No. 21-07]
C.
No building permit shall be issued for the erection,
construction, reconstruction, structural alteration or moving of any
building or structure or part thereof unless the plans and intended
use indicate that such building or structure is designed and intended
to conform in all respects to the provisions of this chapter.
D.
Where a lot is formed from part of a lot already improved,
the separation must be effected in such a manner as not to impair
any of the provisions of this chapter, whether related to the then
existing improvement or to a proposed or future new improvement on
the lot so formed, and in such a manner that both the remainder of
the former lot and the new lot so formed shall comply with the lot
area and lot width provisions of this chapter.
E.
After completion of the foundation walls of a building
or structure, the owner shall cause a survey to be made by a licensed
land surveyor showing the true location of such foundation walls with
respect to the lot lines of the lot, and a copy of such survey shall
be filed with the Construction Official before any further construction
is commenced.
[Amended 2-16-2005 by Ord. No. 4-05]
A.
Nothing in this chapter shall require any change in
the plans, construction or designated use of a building or structure
for which a lawful building permit has been issued prior to the effective
date of this chapter or any amendment thereto affecting such building
or structure or the use thereof, provided that:
(1)
The construction of such building or structure shall
have been begun and diligently prosecuted within three months from
the date of such permit.
(2)
The ground-story framework, including the second tier
of beams, shall have been completed within six months from the date
of such permit.
(3)
The entire building or structure shall be completed
according to such filed and approved plans upon which the issuance
of such permit was based within one year from the effective date of
this chapter or any such amendment thereto.
B.
In the event that any one of the conditions of § 490-42A(1), (2) and (3) is not complied with, such building permit shall be revoked by the Construction Official.
[Amended 2-16-2005 by Ord. No. 4-05]
A.
It shall be unlawful to use or to permit the use of
any building, structure, premises, lot or land or part thereof hereafter
erected or altered, enlarged or moved in whole or in part after the
effective date of this chapter, or any building, structure, premises,
lot or land or part thereof of which the use is changed, until a certificate
of occupancy has been obtained by the owner, as provided for under
the Uniform Construction Code.[1]
B.
No certificate of occupancy shall be issued for any
building, structure, premises, lot or land unless the erection, construction,
reconstruction, structural alteration or moving of any building or
structure or part thereof and the intended use thereof are in conformity
in all respects with the provisions of this chapter.
C.
Upon written application by the owner or his authorized agent, the Construction Official shall issue a certificate of occupancy for any building or structure, lot or land, existing and in use at the effective date of this chapter, provided that said Construction Official shall find that such building or structure, lot or land is in conformity with the applicable provisions of this chapter, or is a nonconforming building or structure as defined in § 490-5 or a nonconforming use as defined in § 490-5, and in any case is in conformity with all other ordinances.
[Amended 2-16-2005 by Ord. No. 4-05]
A.
Fees for building permit applications and for the issuance of building permits and certificates of occupancy shall be as provided in Chapter 182, Construction Codes, Uniform.
B.
The fee at the time of application for an engineering plot plan for
a new building shall be $300 and for additions, accessory buildings
or in-ground pools shall be $200.
[Added 5-19-2021 by Ord.
No. 21-07]
[Amended 6-14-2006 by Ord. No. 16-06; 8-4-2021 by Ord. No. 21-17]
A.
Violations.
(1)
No building or structure shall be erected, constructed, altered, repaired, converted, maintained or used in violation of this chapter. In addition to their right to institute an action seeking the imposition of the penalties set forth in § 490-45B hereof, the local authorities of the Township of Jefferson or any interested party may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Each and every day such violation continues after the expiration of an abatement notice or after initial construction, as the case may be, shall be deemed a separate and distinct violation.
(2)
Every owner or user of real property which is developed, constructed, altered, repaired, converted, maintained or used pursuant to an approval of the Land Use Board or pursuant to a permit or permits issued under the authority of the Township Engineer, Construction Official, Construction Subcode Official(s) or Zoning Officer is required to develop, construct, alter, repair, convert, maintain or use such real property in strict compliance with all conditions of such approvals or permit, including but not limited to strict compliance with all site plans, plot plans, blueprints, architectural drawings, schematics, renderings, surveys, and the like which such owner, user, or other person acting under the authority of an owner or user submitted to the Township as part of an application for Board approval and/or for the issuance of a permit and upon which the Township's issuance of such approvals and/or permits were predicated. Failure to comply with the provisions hereof shall constitute a violation of this chapter. In addition to their right to institute an action seeking the imposition of penalties set forth in § 490-45B hereof, the local authorities of the Township of Jefferson or any interested party may institute any appropriate action or proceedings to prevent any development, construction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Each and every day such violation continues after the expiration of an abatement notice or after initial construction, as the case may be, shall be deemed a separate and distinct violation.
B.
Penalties. For any and every violation of any written provision of
this chapter and upon failure to comply with written notice thereof
or order to remove such violation within five days after service of
such notice or order, the owner, agent or contractor of a building,
structure, premises, lot or land where such violation has been committed
or shall exist and the lessee or tenant of an entire building, structure,
premises, lot or land where such violation has been committed or shall
exist and the owner, agent or contractor, lessee or tenant of any
part of a building, structure, premises, lot or land in which part
such violation has been committed or shall exist and the agent, architect,
builder or contractor or any other person who commits, takes part
or assists in such violation or who maintains any building, structure,
premises, lot or land in which such violations shall exist shall be
subject to a fine not exceeding $2,000 or to imprisonment for not
more than 90 days, or both, and each and every day the violation continues
after the owner, agent or contractor of the building, structure, premises,
lot or land on which such violation occurred has been notified thereof
shall be deemed a separate and distinct violation.
[Amended 2-16-2005 by Ord. No. 4-05]
Duly certified copies of this chapter and of
the Zoning Map which forms a part hereof, together with copies of
all amendments hereto, shall be filed in the Township Clerk's office
and in the Construction Official's office and shall be open to public
inspection.
A.
All amendments to this Zoning Ordinance 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-62 through 40:55D-64, as most
recently amended.
B.
Any request of a change of zone shall include the
following:
(1)
A map, accurately drawn to an appropriate scale, showing
the areas of the land included in the proposed change, the streets
in the immediate vicinity and the name of the owner or owners of the
lands immediately adjacent to and extending within 100 feet of all
boundaries of said property.
(2)
An eight-by-ten-inch photograph of the property for
which the change is requested and photographs showing all properties
within the one-hundred-foot limits as described above.
C.
Fee and escrow for request of a change in the Zoning
Ordinance. Any request for a change in the Zoning Ordinance pertaining
to the rezoning of a particular piece or pieces of property shall
be accompanied by the payment of a fee in the amount of $200, which
fee shall be an application charge to cover direct administrative
expenses and which fee is not refundable. In addition, every such
application shall be accompanied by an escrow payment in the sum of
$1,000 to cover the costs of professional services, including engineering,
planning and other expenses connected with the review of the submitted
request for a change in zoning. The applicant shall be charged in
accordance with a fee schedule filed by the professionals with the
Township Clerk indicating the amount of the fees on a per-hour basis
to be charged by that professional. In the event that there is no
new schedule of fees filed by the professional, the schedule previously
filed by the professional shall prevail. No additional escrows shall
be required unless the complexity and magnitude of the application
requires additional review, in which case the applicant shall be notified
of the cost of the additional review and shall be required to add
to the escrow the estimated cost for the additional review. Upon a
determination of the application and a decision by the Township Council,
the applicant shall receive an accounting of the fees used in the
escrow account, and the applicant shall receive a return of all moneys
in his escrow account not used, which money shall be returned without
interest. In the event that the applicant contests the accounting,
a final determination as to the amount of the escrow to be paid to
the Township for reimbursement of services rendered in connection
with the application shall be made by the Board reviewing the application.
The Township Council has the right to waive all or any portion of
the application fee and/or the escrow amount for good cause shown.
[Amended 9-1-2004 by Ord. No. 28-04]
If any article, section, subsection, paragraph,
clause, phrase or provision of this chapter or the location of any
district boundary shown on the Zoning Map that forms a part hereof
shall be adjudged invalid or held unconstitutional, the same shall
not affect the validity of this chapter or Zoning Map as a whole or
any part or provision hereof other than the part so adjudged to be
invalid or unconstitutional.
All ordinances or parts of ordinances inconsistent
with this chapter are hereby repealed.
This chapter shall take effect upon final passage
and publication in the manner provided by law.
