The Construction Official is hereby given the
duty, power and authority to enforce the provisions of this chapter.
He shall be responsible for the examination of all applications for
permits and the issuance of permits for the construction, alteration,
enlargement and occupancy of all uses which are in accordance with
the requirements of this chapter and all nonconforming uses existing
at the time of passage of this chapter. The Construction Official
shall also be responsible for recording and filing all applications
for permits with accompanying plans and documents and shall make such
reports to the Board of Adjustment, the Planning Board and the Township
Committee as may be required.
The following fees are required for application,
inspection and administration and shall be paid in cash, certified
check or money order payable to the Township of Morris as follows:
A. Construction Official fees. Construction Official
fees shall be paid at the office of the Construction Official upon
filing of an application for a construction permit or a certificate
of occupancy in accordance with the provisions of the State Uniform
Construction Code.
B. Board of Adjustment application fees. Board of Adjustment application fees shall be used in accordance with Part
2 of Chapter
57, Land Development.
In the interpretation and the application of
the provisions of this chapter, they shall be held to be the minimum
requirements for the promotion of the health, safety, morals and general
welfare. It is not intended to interfere with or abrogate or annual
other rules, regulations or ordinances, provided that where this chapter
imposes greater restrictions upon the use of buildings or premises,
or upon the height or bulk of a building, or requires larger open
spaces or imposes higher performance standards, the provisions of
this chapter shall apply.
If any section, subsection, sentence, clause
or phrase of this chapter or the location of any zone boundary shown
on the Zoning Map that forms a part hereof is for any reason held
by a court of competent jurisdiction to he invalid, such a decision
shall not affect the validity of the remaining portions of this chapter
or Zoning Map.
All ordinances and parts of ordinances inconsistent
herewith are hereby repealed to the extent of such inconsistency.
This chapter shall take effect immediately upon
publication and final passage thereof as provided for by law.
[Added 4-17-2002 by Ord. No. 7-02]
A. Variance in connection with site plan or subdivision
approval.
(1)
Any variance granted pursuant to N.J.S.A. 40:55D-70c
or d in connection with a site plan or subdivision approval shall
expire when the protections afforded to the site plan or subdivision
approval expire under the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., unless:
(a)
Prior to such expiration, construction of the
approved building, structure, addition or alteration has substantially
commenced pursuant to a validly issued building permit; and
(b)
A certificate of occupancy issues and the approved
use commences within 18 months after the date on which the building
permit issued.
(2)
If no building, structure, addition or alteration
is proposed, the variance shall expire if the approved use has not
commenced by the date that the protections afforded to the site plan
or subdivision approval expire under the Municipal Land Use Law.
(3)
Protections under the Municipal Land Use Law
shall not be deemed to expire if they are validly extended pursuant
to the Municipal Land Use Law.
B. Variances for one- or two-family dwellings.
(1)
Any variance granted pursuant to N.J.S.A. 40:55D-70c
or d for a one- or two-family dwelling shall expire 18 months after
the date of adoption of the resolution approving the variance unless:
(a)
Prior to the end of the eighteen-month period,
construction of the approved building, structure, addition, or alteration
has substantially commenced pursuant to a validly issued building
permit; and
(b)
A certificate of occupancy issues and the approved
use commences within 18 months after the date on which the building
permit issued.
(2)
If no building, structure, addition or alteration
is proposed, the variance shall expire if the approved use has not
been commenced within 18 months after the date of adoption of the
resolution approving the variance.
C. Determination of substantial commencement of construction.
In the event of a dispute as to whether any construction has substantially
commenced under this section, the Zoning Officer or Construction Official
may refer the matter to the board that granted the underlying approval
for a determination.
D. Extension of time periods. The board that approved
any variance may extend the time periods under this section for good
cause shown.