A.
Routine inspections.
(1)
All improvements and utilities shall be inspected
by the Township Engineer's office to ensure satisfactory completion.
(2)
In no case shall any construction be done without
permission from the Township Engineer's office. At least three days'
notice shall be given to the Township Engineer's office prior to any
such construction so that a representative of the Township may be
present at the time the work is done.
(3)
Prior to the commencement of construction, and in
February of each succeeding year, the subdivider shall submit a schedule
of his operations for the succeeding year to the Township Engineer.
B.
Final inspection. A final inspection of all improvements
and utilities will be made to determine whether the work is satisfactory
and in substantial agreement with the approved drawings and the Township
specifications. The general condition of the site shall also be considered.
Upon a satisfactory final inspection report, action will be taken
to release the performance guaranty covering such improvements and
utilities.
A.
As a condition for final approval, the Planning Board
shall require and accept, in accordance with the standards of this
chapter, for the purpose of assuring the installation and maintenance
of improvements:
(1)
A performance guaranty in favor of the municipality
in an amount not to exceed 120%, 10% of which shall be in cash, of
the cost of installation for improvements if deemed necessary or appropriate,
including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting,
shade trees, surveyor's monuments, water mains, culverts, storm sewers,
sanitary sewers or other means of sewage disposal, drainage structures,
erosion control and sedimentation control devices an public improvements
of open space.
(2)
A maintenance guaranty to be posted with the governing
body for a period not to exceed two years after final acceptance of
the improvement, in an amount not to exceed 15% of the total cost
of improvement. In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
the improvements are covered by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required by the municipality for such
utilities or improvements.
B.
The form of the guaranty shall be as approved by the
Township Attorney, and the amount of the guaranty shall be as determined
by the Township Engineer.
C.
The applicant shall assume all liability during construction
of such improvements and until such time as the improvements are accepted
by the Township of Lopatcong.
D.
When all of the required improvements have been completed,
the obligor shall notify the governing body, in writing, by certified
mail, addressed in care of the Township Clerk, of the completion of
said improvements and shall send a copy thereof to the Township Engineer.
Thereupon, the Township Engineer shall inspect all the improvements
and shall file a detailed report, in writing, with the governing body,
indicating either approval, partial approval or rejection of the improvements,
with a statement of reasons for any rejection. If partial approval
is indicated, the costs for improvements rejected shall be set forth.
E.
The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Township Engineer and shall notify the obligor, in writing, by certified
mail, of the contents of said report and the action of said authority
with relation thereto, not later than 65 days after receipt of notice
from the obligor of the completion of the improvements. Where partial
approval is granted, the obligor shall be released from all liability
pursuant to its performance guaranty, except for that portion adequately
sufficient to secure provision of the improvements not yet approved.
Failure of the governing body to send or provide such notification
to the obligor within 65 days shall be deemed to constitute approval
of the improvements, and the obligor and surety, if any, shall be
released from liability pursuant to such performance guaranty.
The duty of enforcing the provisions of this
chapter is hereby conferred upon the Zoning Officer, who shall have
such powers as are conferred upon him by this chapter and as reasonably
may be implied. He shall be appointed by the governing body and shall
receive such compensation as the governing body shall determine.
A.
The Zoning Officer and his duly authorized assistants
shall have the duty and power to inspect or examine structures and
uses in the Township of Lopatcong and any plans for structures and
uses, to determine their compliance with the provisions of this chapter.
B.
Violations found. Where the Zoning Officer (or his
assistants) determines that a structure, use or premises is in violation
of the provisions of this chapter, he shall order the owner in writing
to remedy such condition. Said written order shall specify the nature
of the violation found to exist, the remedy ordered and the time permitted
for such remedy, the penalties and remedies which may be invoked by
the Township and the violator's rights of appeal, all as provided
for by this chapter and the laws of the State of New Jersey.
C.
Issuance of zoning permits.
(1)
The Zoning Officer is hereby empowered to issue zoning
permits in accordance with the requirements and provisions of this
chapter certifying that the plans for a use, building or structure
to be established, constructed or altered are for a use permitted
by this chapter for the zone in which it is located and that in all
respects it complies with all applicable requirements and provisions
of this chapter.
(2)
A fee of $75 shall be charged for the issuance of
a permit by the Lopatcong Township Zoning Officer.
[Added 5-4-2005 by Ord. No. 2005-5;
amended 12-3-2009 by Ord. No. 2009-14; 3-1-2023 by Ord. No. 2023-04]
D.
Records. The Zoning Officer shall maintain a permanent
record of all matters considered and all action taken by him. Such
records shall form a part of the records of his office and shall be
available for the use of the governing body and other officials of
the Township, county or state and for public inspection by appointment.
E.
Monthly report. The Zoning Officer shall prepare a
monthly report for the governing body. Said report shall cite all
actions taken by him, including all referrals made, all permits and
certificates issued and denied and all complaints of violations received
and all violations found by him and the action taken by him consequent
thereon. A copy of this monthly report shall also be transmitted by
the Zoning Officer to the Tax Assessor, Planning Board and Board of
Adjustment at the same time it is transmitted to the governing body.
A.
Applications for detached single-family dwellings.
Each application for a zoning permit for a permitted one-family dwelling
unit and accessory structures, buildings or uses related thereto shall
be made to the Zoning Officer. The Zoning Officer shall carefully
consider the application and all supporting documents and thereupon
make a determination of the application's compliance with the requirements
of this chapter. Based upon said determination, the Zoning Officer
shall either issue or deny the zoning permit for which application
was made. If the Zoning Officer denies the issuance of the zoning
permit, he shall state, in writing, to the applicant the reasons for
such denial. Each application made hereunder shall be accompanied
by a sealed survey plan of the lot, derived from the Official Tax
Maps or other source of similar or greater accuracy, showing the following:
B.
Applications for a permitted use for all uses except
detached one-family dwellings. All such applications shall be made
to the Lopatcong Township Planning Board in accordance with the requirements
for site plan review.
C.
Applications for variances. All such applications
shall be made directly to the Board in accordance with its rules and
procedures.
D.
Applications for conditional uses. All such applications
shall be made directly to the Board.
E.
Applications for appeal. All such applications shall
be made directly to the Board of Adjustment.
F.
Applications for interpretations. All such applications
shall be made directly to the Board of Adjustment.
A.
A building permit issued in accordance with the Building
Code of Lopatcong Township[1] pursuant to the provisions thereof shall be issued only
after or coincident with the issuance of a zoning permit certifying
that the application is in compliance with all provisions of this
Zoning and Land Use Ordinance or approved variance therefrom.
B.
A building permit shall be secured from the Building
Inspector prior to the construction, erection or alteration of any
building or structure or part thereof and prior to the putting into
use of any land or part thereof.
A.
No building or structure hereafter constructed, erected
or altered, and no lot or land hereafter put into use shall be occupied
or used, in whole or in part, for any use whatsoever and no change
of use of any building, structure, lot or land, or part thereof, shall
hereafter be made until an occupancy permit shall have been issued
by the Building Inspector, certifying that the lot or land, or part
thereof, complies with all applicable provisions of this chapter and
of all other applicable ordinances.
B.
Occupancy permits shall be granted or denied by the
Building Inspector within 10 days from the date of written application
therefor by the owner or his authorized agent.
C.
The Building Inspector shall require, from the Board
of Adjustment, a written order before issuing a building permit and
an occupancy permit in a case involving a variance from the provisions
of this chapter and, from the Planning Board, where site plan review
is required, a written order before issuing an occupancy permit.
D.
An occupancy permit shall be issued by the Building
Inspector in the case of any building or structure, lot or land proposed
to be put into use pursuant to any variance granted by the Board of
Adjustment. Such occupancy permit, when issued by the Building Inspector,
shall include a detailed description of such variance.
E.
Upon written application by the owner or his authorized
agent, the Building Inspector shall issue an occupancy permit for
any building or structure, lot or land existing and in use at the
effective date of this chapter, provided that said Inspector 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 or a nonconforming use as defined herein and,
in any case, is in conformity with all other ordinances.
F.
A fee of $15 shall be paid to Lopatcong Township prior
to the issuance of an occupancy permit.
G.
The owner's copy of every occupancy permit shall be
exhibited at all reasonable times, upon the demand of the Building
Inspector or other responsible official of the Township.
H.
A record of all occupancy permits shall be kept on
file in the office of the Building Inspector, and certified extra
copies thereof shall be furnished upon payment of a fee of $1 per
permit to the Township.
I.
Not less than annually, each advertising sign erected
in the Township shall be subject to a general and structural inspection
by the Building Inspector. A fee of $100 shall be paid to Lopatcong
Township prior to the making of each such annual inspection.
[Added 8-2-2000 by Ord. No. 2000-15]
J.
Each advertising sign shall be inspected for compliance
with the regulations regarding advertising signs and for safety on
each occasion when the message displayed on such sign is changed.
Such inspections shall be carried out by the Building Inspector, and
the applicant shall pay a fee of $100 per inspection to the Township
of Lopatcong.
[Added 8-2-2000 by Ord. No. 2000-15]
Failure to comply with any of the conditions
of approval granted as provided in this chapter subsequent to the
receipt of a building permit or certificate of occupancy, as the case
may be, shall be construed to be a violation of this chapter and shall
be grounds for the revocation of any building permit or certificate
of occupancy. If the Township finds that any conditions of approval
have not been met, it shall give the applicant 10 days' written notice
to comply with said conditions, and failure to comply within this
ten-day period shall result in revocation of the building permit or
certificate of occupancy.
A.
Except as may be provided by New Jersey statute, for
each and every violation of any provision of this chapter, the owner,
contractor or other persons interested as general agent, architect,
building contractor, owner, tenant or any other persons who commit
or take part or assist in any violation of this chapter or who maintain
any building or premises in which any violation of this chapter shall
exist and who shall have refused to abate said violation within five
days after written notice shall have been served upon him either by
mail or by personal service shall, for each and every violation, be
punishable by a fine not exceeding $1,000, imprisonment for a term
not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof, at the discretion of the Judge
before whom a conviction may be had. Each and every day that such
violation continues after such notice shall be considered a separate
and specific violation of this chapter.
[Amended 2-19-1992 by Ord. No. 1992-02]
B.
In addition to the powers given to the Zoning Officer
as prescribed elsewhere by this chapter, the owner of, or any person
having interest in, any property in the Township of Lopatcong may
make complaint for any violation of this chapter or any provisions
or section thereof, and upon conviction, in such case, the penalties
hereinbefore provided shall be imposed.
C.
In addition to the remedies herein provided, any person,
persons, company or corporation violating this chapter or any provision
or section thereof may be proceeded against by the Township of Lopatcong
or by the Zoning Officer or by the owner of any property in the Township
of Lopatcong by appropriate action or by proceeding in equity or otherwise
to prevent and enjoin any threatened violation of this chapter.
As part of the routine development approval
process, the Township shall collect a fee on all new development within
the Township for the purpose of contributing to the costs associated
with the Township's fair housing program. The fee will pertain as
follows:
A.
Purpose. In Holmdel Builder's Association vs. Holmdel
Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined
that mandatory fees are authorized by the Fair Housing Act of 1985,
N.J.S.A. 52:27D-301 et seq., and the State Constitution subject to
the Council on Affordable Housing's (COAH) developing rules. The purpose
of this Fair Housing Fee article is to establish standards for the
collection, maintenance and expenditure of fair housing fees pursuant
to COAH's rules. Fees collected pursuant to this article shall be
used for the sole purpose of providing low- and moderate-income housing.
This article shall be interpreted within the framework of COAH's rules
on fair housing fees.
B.
Within all zones, the Township shall assess a fair
housing fee of 1.5% of the equalized assessed value of each new housing
unit. If a “d(5)” variance is granted, then the additional
residential units realized (above those permitted by right under the
existing zoning) will incur a bonus development fee of 6% rather than
the development fee of 1.5%. However, if the zoning on the site has
been changed during the two-year period preceding the filing of such
a variance application, the base density for the purpose of calculating
the bonus development fee shall be the highest density permitted by
right during the two years preceding the filing of the “d”
variance application.
[Amended 12-1-1999 by Ord. No. 1999-29; 6-1-2005 by Ord. No. 2005-8; 9-3-2008 by Ord. No. 2008-15]
C.
Within all zones, the Township shall assess a fair
housing fee of 2.5% of the equalized assessed value of all new nonresidential
construction. If a “d(4)” variance is granted, then the
additional floor area ratio (FAR) realized (above that permitted by
right under the existing zoning) will incur a bonus development fee
of 6% rather than the development fee of 2.5%. However, if the zoning
on the site has been changed during the two-year period preceding
the filing of such a variance application, the base FAR for the purpose
of calculating the bonus development fee shall be the highest permitted
by right during the two years preceding the filing of the “d”
variance application.
[Amended 12-1-1999 by Ord. No. 1999-29; 6-1-2005 by Ord. No. 2005-8; 9-3-2008 by Ord. No. 2008-15]
D.
Exemptions:
(1)
No fee will be assessed on the rehabilitation of substandard
units or the construction of accessory apartments for occupancy by
low- and moderate-income households.
(2)
No fee will be assessed on construction by nonprofit
organizations.
(3)
Developers who have received preliminary or final
approval prior to the effective date of this article shall be exempt
from paying a development fee unless the developer seeks a substantial
change in the approval.
(4)
Any development or improvement for any residential
or nonresidential unit or project that has an equalized value of $20,000
or less shall not be subject to the fee.
E.
Contested fees. Imposed and collected development
fees that are challenged shall be placed in an interest-bearing escrow
account. If all or a portion of the contested fees are returned to
the developer, the accrued interest on the returned amount shall also
be returned.
[Added 6-7-2006 by Ord. No. 2006-10]
A.
Fifty percent of the calculated fair housing fee shall
be paid at the issuance of building permits. The fair housing fee
shall be estimated by the Construction Code Official prior to the
issuance of building permits.
B.
The remaining fee shall be paid to the Township as
a precondition to the issuance of a certificate of occupancy. Prior
to the issuance of a certificate of occupancy, the Tax Assessor shall
calculate the equalized assessed value or increase in equalized assessed
value and the appropriate fair housing fee. The remaining fair housing
fee owed shall be the difference between the fee calculated prior
to the issuance of the certificate of occupancy and the amount paid
at the time of the issuance of the building permit.
A.
There is hereby created a separate interest-bearing
housing trust fund bank account for the purpose of receiving fair
housing fees from residential and nonresidential developers. All fair
housing fees paid by developers pursuant to this article shall be
deposited in this fund. No money shall be expended from the Fair Housing
Trust Fund unless the expenditure conforms to a spending plan approved
by COAH. All interest accrued in this account shall only be used on
eligible affordable housing activities approved by COAH.
[Amended 6-7-2006 by Ord. No. 2006-10]
B.
If COAH determines that Lopatcong Township is not
in conformance with COAH's rules on fair housing fees, COAH is authorized
to direct the manner in which all fair housing fees collected pursuant
to this article shall be expended. Such authorization is pursuant
to this article, COAH's rules on fair housing fees and the written
authorization from the Township Council to the designated bank.
A.
Money deposited from the fair housing fee in the Township's
Housing Trust Fund may be used for any activity approved by COAH for
addressing the Township's low- and moderate-income housing obligation.
Such activities may include but are not limited to housing rehabilitation;
the construction of accessory apartments; regional contribution agreements
and the administrative costs necessary to implement the Township's
fair housing program. The expenditure of all money shall conform to
a spending plan approved by COAH.
B.
At least 30% of the fair housing fee revenues collected
shall be devoted to render units more affordable. Examples of such
activities include, but are not limited, low-interest loans.
C.
No more than 20% of the revenues shall be expended
on administrative costs necessary to develop, revise or implement
the housing element. Examples of eligible administrative activities
include personnel consultant services; space costs; consumable supplies;
and rental or purchase of equipment.
D.
Fair housing fee revenue shall not be expended to
reimburse the Township for housing activities that preceded substantive
certification.
This article shall expire if:
A.
COAH dismisses or denies Lopatcong Township's petition
for substantive certification.
B.
COAH revokes substantive certification or its certification
of this article.
C.
Substantive certification expires prior to Lopatcong
Township's filing with COAH an adopted housing element, petitioning
for substantive certification or receiving COAH's approval of this
article.
