These rules, regulations and standards shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Township of Pilesgrove.
Any action taken by the Township under the terms of this chapter shall
give primary consideration to the above-mentioned matters and to the
welfare of the entire municipality.
It shall be the duty of the Township Engineer,
the Township Construction Official and the Township Zoning Officer
to administer and enforce the provisions of this chapter.
A.
Township Engineer.
(1)
It shall be the duty of the Township Engineer to monitor
all land disturbances and all land improvements undertaken in the
Township pursuant to approval of a subdivision and/or site plan in
accordance with the applicable provisions of this chapter.
(2)
Prior to the commencement of any land disturbance
or any land improvement, the developer shall arrange for and attend
a preconstruction meeting with the Township Engineer. At said meeting,
the subject subdivision plat and/or site plan shall be identified,
marked and dated by the Township Engineer with an acknowledgment as
to its conformity to the subdivision and/or site plan approved by
the Planning Board or Zoning Board of Adjustment, as the case may
be, including any conditions of approval written in the approval resolution.
Thereafter, the marked and dated subdivision and/or site plan shall
be filed in the office of the Township Clerk.
(3)
Written communication.
(a)
The Township Engineer shall issue a written
communication to the developer within 10 days after the preconstruction
meeting, either:
[1]
Authorizing the commencement of land disturbance
and/or land improvement in accordance with the approved plat or plan,
including any conditions of approval written in the approval resolution
and in accordance with any and all limitations and/or conditions as
deemed appropriate by the Township Engineer specifically enumerated;
or
[2]
Denying the commencement of land disturbance
and/or land improvement, with the reasons for such denial specifically
enumerated.
(b)
A copy of the written communication shall be
immediately filed in the office of the Township Clerk, and additional
copies shall be immediately forwarded to the Chairman of the Planning
Board or to the Chairman of the Zoning Board of Adjustment, as the
case may be, and to the Board's Attorney.
(4)
In accordance with § 145-61F of this chapter, all improvements for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Township Engineer. At the time of inspection, in addition to an evaluation and determination of the sufficiency of the engineering aspects of the improvements, the Township Engineer shall evaluate and determine the correctness of the improvements relative to all aspects of the approved subdivision and/or site plan. Should any improvement, whether completed or under construction, be found by the Township Engineer to be contrary to the subdivision and/or site plan as approved by the Planning Board or Zoning Board of Adjustment, including any imposed conditions, such fact shall immediately be orally communicated to the developer or his/her appropriate representative on-site and, thereafter, shall be communicated by the Township Engineer, in writing, to the developer or his/her attorney.
(5)
A copy of the written communication shall be immediately
filed in the office of the Township Clerk, and additional copies shall
be immediately forwarded to the Chairman of the Planning Board or
to the Chairman of the Zoning Board of Adjustment, as the case may
be, and to the Board's Attorney.
(6)
On the day following the oral communication to the
developer or his/her representative, the improvement found by the
Township Engineer to be contrary to the subdivision and/or site plan
shall be corrected so as to conform to the approved subdivision and/or
site plan or the Township Engineer shall:
(a)
Issue a stop-work order pending the correction
of said improvement or the resolution of any dispute; and/or
(b)
Refer the matter via a written communication
to the Planning Board or Zoning Board of Adjustment, as the case may
be, for its review of the matter and reconsideration of its prior
approvals.
(7)
The developer immediately shall comply with any issued
stop-work order and/or any other conditions imposed by the Township
Engineer; otherwise the Township Engineer shall communicate, in writing,
within two working days, the particulars of the developer's noncompliance
to the Attorney of the Planning Board or to the Attorney of the Zoning
Board of Adjustment, as the case may be.
B.
Construction Official.
(1)
It shall be the duty of the Construction Official to monitor the construction of any building or structure in the Township. No new structure and no improvement to the interior of any existing structure shall be undertaken until a construction permit is obtained from the Construction Official in accordance with N.J.A.C. 5:23-2.14 and Subsection D of this section.
(2)
It shall be the duty of the Construction Official,
in accordance with N.J.A.C. 5:23-4.5, to keep a record of all applications
and all construction permits which are either issued or denied, with
notations of any conditions involved, including the actual elevation
(National Geodetic Vertical Datum) of the lowest floor area of any
structure and/or the elevation to which a structure has been floodproofed
in floodplain areas, which data shall form a part of the Township
public records. A monthly report of construction permits shall be
filed with the Township Committee, and continuous reports of construction
permits shall be filed with the Tax Assessor.
(3)
Should any construction, whether completed or in process,
be found by the Construction Official to be contrary to the approved
construction plans and/or the Uniform Construction Code of the State
of New Jersey, such fact shall immediately be noticed to the landowner
or his/her appropriate representative on-site. The Construction Official
shall issue, in writing, to the landowner or his/her attorney a notice
of violation and orders to terminate, directing the discontinuance
of the illegal action or condition and the correction of the violation
pursuant to N.J.A.C. 5:23-2.30.
(4)
A copy of the written communication shall be immediately
filed in the office of the Township Clerk, and additional copies shall
be immediately forwarded to the Mayor and to the Township Attorney.
(5)
The construction improvement found by the Construction
Officer to be contrary to the approved construction plans and/or the
Uniform Construction Code shall be corrected so as to conform to the
applicable construction requirements, or the Construction Official
shall, pursuant to N.J.A.C. 5:23-2.31:
(6)
The landowner immediately shall comply with any issued
stop-construction order and/or any other conditions imposed by the
Construction Official; otherwise, the Construction Official may communicate,
in writing, the particulars of the landowner's noncompliance to the
Township Attorney pursuant to N.J.A.C. 5:23-2.31.
C.
Zoning Officer.
(1)
It shall be the duty of the Zoning Officer to inspect
the uses, land and structures in the Township and order the owner,
in writing, to remedy any condition found to exist in violation of
any provision of this chapter and/or any approved subdivision and/or
site plan by the Planning Board or Zoning Board of Adjustment, as
the case may be, including any conditions of approval written in the
approval resolution; no structure or land shall be used in violation
of this chapter and/or any approved subdivision and/or site plan.
(2)
Should any use, land or structure be found by the
Zoning Officer to exist in violation of any provision of this chapter
and/or any approved subdivision and/or site plan, such fact shall
immediately be orally communicated to the landowner or his/her appropriate
representative on-site and, thereafter, shall be communicated by the
Zoning Officer, in writing, to the landowner or his/her attorney.
(3)
A copy of the written communication shall be immediately
filed in the office of the Township Clerk, and additional copies shall
be immediately forwarded to the Township Attorney and to the Chairman
of the Planning Board or to the Chairman of the Zoning Board of Adjustment,
as the case may be, and to the Board's Attorney.
(4)
On the day following the oral communication to the
landowner or his/her representative, the use, land or structure found
by the Zoning Officer to exist in violation of any provision of this
chapter and/or any approved subdivision and/or site plan shall be
corrected so as to conform to this chapter and any subdivision and/or
site plan approval, or the Construction Official, at the Zoning Officer's
request, may revoke the certificate of occupancy and, in any case,
shall notify the Township Attorney and the Township Engineer of the
violation via a written communication.
D.
Construction permits.
(1)
Every application for a construction permit shall
be accompanied by two sets of plans drawn in ink or a blueprint showing
the actual shape and dimensions of the lot to be built upon; the exact
location, size and height of all existing and proposed structures
and substructures; all existing easements; a delineation and description
of any proposed extensions of public utilities; the existing or intended
use of each structure; the number of dwelling units the structure
is designed to accommodate; the number and location of off-street
parking spaces and off-street loading areas; and such other information
with regard to the lot and neighboring lots as may be necessary to
determine and provide for the enforcement of this chapter. Additionally,
all requirements for construction permits contained in the Uniform
Construction Code (N.J.A.C. 5:23-2.15) shall be met. All dimensions
on these plans relating to the location and size of the lot to be
built upon shall be based on an actual survey of the lot by a licensed
surveyor in the State of New Jersey.
(2)
The fee for each construction permit shall be governed
by the terms of the ordinance entitled "An Ordinance of the Township
of Pilesgrove in the County of Salem establishing a State Uniform
Construction Code Enforcing Agency and A Construction Fee Schedule,
pursuant to Chapter 217, Laws of New Jersey 1975[1] and Title 5, Chapter 23 of the New Jersey Administrative
Code, including any amendments or supplements which may from time
to time be adopted.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
(3)
A construction permit shall be granted or denied,
in writing, within 20 working days of a complete application unless
additional time is agreed upon, in writing, by the applicant. One
copy of such plans shall be returned to the owner when such plans
have been approved or denied by the Construction Official, together
with such permit as may be granted.
(4)
The lot and the location of the structures thereon
shall be staked out on the grounds before construction is started,
and a copy of the construction permit shall be posted conspicuously
on the premises affected whenever construction work is being performed
thereon. Additionally, all other requirements for construction permit
procedures set forth in the Uniform Construction Code at N.J.A.C.
5:23-2.16 shall be met.
(5)
No construction permit shall be issued for any structure
until prior site plan, subdivision and variance approvals, as may
be necessary, have been granted by the appropriate federal, state,
county or municipal agency or agencies in accordance with the provisions
of this chapter and until all review and inspection fees and all local
taxes and assessments on the property have been paid.
(6)
Additionally, any proposed extensions of public utilities
shall be reviewed and approved by the Township Engineer prior to the
issuance of a construction permit, and a written communication of
the results of such reviews and a statement of approval or denial
shall be provided by the Township Engineer to the Construction Official;
the application for the construction permit shall be accompanied by
an additional fee of $500 for such a review when applicable.
E.
Certificates of occupancy; fees.
(1)
It shall be unlawful to use or permit the use of any
structure or part(s) thereof until a certificate of occupancy shall
have been issued by the Construction Official pursuant to N.J.A.C.
5:23-2.33. Any change of use from one category of permitted use to
another category of permitted use shall require a new certificate
of occupancy.
(2)
Additionally, any use requiring site plan approval
shall require a new certificate of occupancy. It shall be the duty
of the Construction Official to issue a certificate of occupancy only
when:
(a)
The structure or part(s) thereof and the proposed
use conform to this chapter and all other applicable codes and ordinances
of the Township;
(b)
Prior site plan, subdivision and variance approvals,
as may be necessary, have been granted by the appropriate municipal
agency or municipal agencies in accordance with the provisions of
this chapter;
(c)
All local taxes and assessments on the property
have been paid; and
(d)
A letter from each utility company has been
received by the Township stating that the utility has been installed
and has been inspected in accordance with the approved plan and is
ready for use.
(3)
The fee for a certificate of occupancy shall be in
the amount of 10% of the new construction permit fee which would be
charged by the department pursuant to these regulations. The minimum
fee shall be $65, except for one- or two-family (use group R-3 of
the building subcode) structures of less than 5,000 square feet in
area and less than 30 feet in height and/or structures on farms used
exclusively for the storage of food or grain or the sheltering of
livestock; in such cases the minimum fee shall be $35.
(4)
Unless additional time is agreed upon by the applicant,
in writing, a certificate of occupancy shall be granted or denied,
in writing, within 10 working days from the date that a written notification
and a certified location or field survey, signed and sealed by a New
Jersey state licensed surveyor, is filed with the Construction Official
stipulating that the erection of the structure and all required site
improvements are completed pursuant to N.J.A.C. 5:23-2.23 and 5:23-2.24.
(5)
With respect to any finally approved subdivision and/or
site plan or subsection thereof, a certificate of occupancy shall
be issued only upon the written confirmation by the Township Engineer
to the Construction Official of the completion of the following improvements
as such improvements may be required as part of subdivision and/or
site plan approval:
(a)
Curbs.
(b)
All utilities.
(c)
Water supply and sewerage treatment facilities,
which shall be functioning and servicing the property in question.
(d)
Storm drainage facilities.
(e)
Final grading of the property.
(f)
Base course (in the case of subdivisions) or
final course (in the case of site plans) of the street or streets
serving the property.
(g)
Base course (in the case of subdivisions) or
final course (in the case of site plans) of driveways and parking
areas.
(h)
Landscaping.
(i)
Any other improvements required as part of subdivision
and/or site plan approval.
(6)
With respect to any individual residential lot within a subdivision or any building containing townhouses or apartments, a certificate of occupancy shall be issued only upon the written confirmation by the Township Engineer to the Construction Official of the completion of the following improvements, in addition to those listed in Subsection E(4) hereinabove, to the extent the same are required as part of a subdivision and/or site plan approval:
(7)
A copy of any issued certificate of occupancy shall
be kept on file at the premises affected and shall be shown to the
Construction Official upon request. Additionally, a copy of an issued
certificate of occupancy shall be provided by the Construction Official
to the Secretary of the Planning Board or to the Secretary of the
Zoning Board of Adjustment, as the case may be, for placement in the
applicable site plan or subdivision application file.
(8)
Should the Construction Official decline to issue
a certificate of occupancy, his reason for doing so shall be stated
on two copies of the application, and one copy shall be returned to
the applicant.
(9)
Temporary certificate of occupancy.
(a)
A temporary certificate of occupancy may be issued for any new structure or use for which site plan and/or subdivision approval has been granted, although not all conditions of said approval have been complied with. Such temporary certificate of occupancy shall be issued only in extenuating circumstances and only with the concurrent written approval of the Township Engineer, Construction Official and Zoning Officer who, together, shall establish specific terms and conditions, including but not limited to a timetable not exceeding 90 days for the installation of the incomplete site improvements and the receipt of a performance guaranty assuring the installation of the improvements as indicated on the approved plat or plan, whether or not said improvements were included within a performance bond in accordance with § 145-61 of this chapter. Any temporary certificate of occupancy beyond a ninety-day time period may only be granted by the Planning Board or Zoning Board of Adjustment, as the case may be.
(b)
A temporary certificate of occupancy may be
issued by the Construction Official for any building or structure
not part of a site plan or subdivision application pursuant to N.J.A.C.
5:23-2.23(e).
(10)
A monthly report of the certificates of occupancy
issued shall be filed with the Tax Assessor. A record of all certificates
of occupancy pursuant to N.J.A.C. 5:23-4.5 shall be kept in the office
of the Construction Official, and copies shall be furnished on request
to any person having a proprietary or tenancy interest in the structure
or land affected. The charge for each copy shall be established by
resolution of the Township, except that there shall be no charge to
a municipal agency.
(11)
The following shall be prohibited until a certificate
of occupancy is issued by the Construction Official:
(a)
Occupancy and use of a structure erected, constructed,
restored, altered or moved, when such erection, construction, restoration,
alteration or movement required a construction permit.
(b)
Occupancy, use or change in use of vacant land,
other than for agricultural purposes.
(c)
Any change of use from one category of permitted
use to another category of permitted use, in accordance with the applicable
listings of permitted uses in this chapter.
(d)
Any change in the use of a nonconforming use
or nonconforming structure.
A prospective purchaser, prospective mortgagee
or any other person interested in any land in the Township which has
been part of a subdivision since July 14, 1973, may apply, in writing,
to the administrative officer for the issuance of a certificate certifying
whether or not such subdivision has been duly approved by the Planning
Board.
A.
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. A fee in accordance with § 145-60 of this chapter shall be paid to the administrative officer, on behalf of the Township, for the requested certificate.
B.
The administrative officer shall make and issue such
certificate within 15 days after receipt of the written application
and accompanying fee. The administrative officer shall keep a duplicate
copy of each certificate, consecutively numbered, including a statement
of the fee received, in a binder as a permanent record in his or her
office.
C.
Each certificate shall be designated a certificate
as to approval of subdivision of land and shall certify:
(1)
Whether there exists a duly established Planning Board
and whether there is a duly adopted ordinance controlling the subdivision
of land;
(2)
Whether the subdivision, as it relates to the land
shown in the application, has been approved by the Planning Board
and, if so, the date of such approval, any conditions attached to
such approval and any extensions and terms thereof showing that the
subdivision, of which the subject lands are a part, is a validly existing
subdivision; and
(3)
Whether such subdivision, if the same has not been
approved, is statutorily exempt from the requirements of approval
as provided in N.J.S.A. 40:55D-1 et seq. and as defined in this chapter.
A.
Fines.
(1)
Any violation of any provision of this chapter shall
be punishable by a fine not to exceed $1,000 for each offense and/or
imprisonment for a term not exceeding 90 days. The following individuals
shall be subject to potential punishment:
(2)
Each day that a violation continues shall constitute
a separate offense.
(3)
The imposition of penalties herein shall not preclude
the Township or any other person from instituting an action to prevent
an unlawful construction, reconstruction, alteration, repair, conversion
or use or to restrain, correct or abate a violation or to prevent
the illegal occupancy of a building, land or premises.
B.
Injunctive relief. In addition to the foregoing, the
Township may institute and maintain a civil action for injunctive
relief.
A.
If before final subdivision has been granted any person,
as owner or agent, transfers or sells or agrees to transfer or sell
any land which forms a part of a subdivision for which municipal approval
is required in accordance with the provisions of this chapter, except
pursuant to an agreement expressly conditioned on final subdivision
approval, such person shall be subject to a penalty not to exceed
$1,000, and each lot disposition so made may be deemed a separate
violation.
