This Part 8 shall be known as the "Township
of Boonton Professional Responsibility Ordinance."
The purpose of this Part 8 is to protect the
public health and welfare of the citizens of the Township of Boonton
and avoid unnecessary administration expenses to the Township of Boonton
by assuring that improvements on or to land are constructed in accordance
with the approved professional plan or design or opinion on the basis
of which a permit, license or other municipal consent or approval
was issued and by obtaining for the benefit of the owner of the improvement,
his successors and assigns and the Township of Boonton certification
by the professional person who planned, designed or issued the opinion
that such improvement was constructed and completed in accordance
with the plan or design or opinion submitted and approved by the proper
approving authority. As used herein, "professional person" means a
person licensed or certified by any governmental authority, including
but not limited to attorneys, engineers, surveyors, architects, planners,
contractors, builders and licensed craftsmen.
This Part 8 governs all permits, licenses, consents
and approvals with respect to land use issued by the Township Committee,
the Planning Board, the Zoning Board of Adjustment, the Building Inspector,
the Board of Health, the Township Sanitarian or any other municipal
body or employee (the "approving authority") in reliance on a professional
plan or design or opinion submitted to obtain such permit, license,
consent or approval from the approving authority.
Whenever the owner or occupant of land within
the Township of Boonton, in order to obtain a permit, license, consent
or approval from the approving authority, obtains services of a professional
person in connection with the planning or design of a structure or
any other improvement of or to land, including but not in limitation
subdivision, building construction, road construction, soil removal,
drainage, water supply and sewage disposal, and submits the result
of such professional services or professional opinion to the approving
authority in support of the application, and the application is granted,
then:
A.
The owner or occupant, or his successor in interest,
before utilizing such permit, license, consent or approval, shall,
at his own expense, secure the services of the professional person
who made the plan or design or gave the opinion, or such other professional
person as will certify approval of the plan or design or opinion,
to supervise all work to be done in connection therewith and to certify
as hereinafter required that the work was completed in accordance
with the plan, design or opinion as submitted to and approved by the
proper approving authority.
B.
Before any work on the improvement is commenced, a
signed copy of the contract for such supervisory services and certification
shall be submitted to and filed with the approving authority.
C.
Before the improvement is approved for actual use,
there shall be filed with the approving authority the signed certification
of the professional person who supervised the installation and completion
of the work certifying to the applicant, to the successors and assigns
of the applicant and to the Township of Boonton that the improvement
has been constructed and completed in accordance with the approved
plan or design or opinion as submitted to and approved by the proper
approving authority, together with a restatement of any caveats or
limitations of use of the improvement shown in the plan or design
or opinion as submitted to and approved by the proper approving authority.
Any applicant, person, association, partnership, limited partnership, corporation, their successors or assigns who or which violated any provision of the Part 8 or who fails to meet a commitment entered into pursuant to this Part 8 shall, upon conviction, be subject to injunction and penalties as provided by Section 15 of P.L. 1975, c. 251.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-53.
