A.
In their interpretation and application, the provisions
of this Part 9 shall be held to be minimum requirements adopted for
the promotion of health, safety, comfort, convenience and general
welfare.
B.
Wherever the provisions of any statute of the State
of New Jersey or other ordinance or regulation of the Township of
River Vale require a greater width or size of yards, buildings or
open spaces or require a lower height of buildings or a lesser number
of stories or require a greater percentage of lot to be left unoccupied
or impose restrictions more extensive than are required by the regulations
of this Part 9, the provisions of such statute of the State of New
Jersey or other ordinance or regulation of the Township of River Vale
shall govern.
C.
It is the intention of this Part 9 to zone, restrict
and limit the use of land within the Township of River Vale; and the
use of any land, whether or not there is a building thereon, for any
use prohibited hereby, in the district in which the same is located,
shall be unlawful.
A.
This Part 9 shall be enforced by the Zoning Officer,
who shall be appointed by the Mayor. No building permit or certificate
of occupancy shall be issued by him except where the provisions of
this Part 9 are complied with.
[Amended 2-23-1995 by Ord. No. 0-2-95]
B.
No parcel of land, building or structure shall be
erected, added to or structurally altered in the Township of River
Vale until there has been filed with the Zoning Officer a plan in
duplicate, drawn to scale, showing the actual dimensions, radii and
angles of the lot to be built upon, the exact size and location on
the lot of the main and accessory buildings to be erected, the exact
size and location of the sanitary plant and such other information
as may be necessary to determine and provide for the enforcement of
this Part 9. One copy of such plan shall be returned to the owner
when approved by the Zoning Officer.
[Amended 2-23-1995 by Ord. No. 0-2-95; 2-13-2023 by Ord. No. 408-2023]
C.
Separation.
(1)
Where a lot is formed from part of a lot already
improved, the separation must be effected in such manner as not to
impair any of the provisions of this Part 9 whether related to the
then-existing improvement or to the proposed new improvement.
D.
Such fees for building permits or the filing of plans
may be charged as are now or may hereafter be fixed by ordinance,
together with fees payable to the Board of Health for sanitary or
plumbing permits and inspections.
A.
A Joint Planning Board is hereby established which
shall, in appropriate cases and subject to appropriate conditions
and safeguards, make special exceptions to the terms of this Part
9 in harmony with its general purpose and intent and in accordance
with the variances and rules herein contained and by law established.
B.
Said Joint Planning Board shall consist of seven regular
members and two alternate members to be appointed by the Township
Council immediately upon adoption hereof. Said persons shall not hold
any elective office or positions within the Township. Of the original
appointees of said Board, one member shall be appointed for a term
of one year, two members for the term of two years and two members
for the term of three years. Successors to such original appointees
shall be appointed for the term of four years. Alternate members shall
be appointed for a term of two years. Vacancies in said Joint Planning
Board shall be filled in the same manner for the unexpired term of
any member whose term becomes vacant; provided, however, that should
the Legislature hereafter provide for a different number of members
or altering their method of appointment or term, this Part 9 shall
be deemed to be amended to such extent and appointments thereafter
made in harmony therewith.
[Amended 2-21-1980 by Ord. No. 0-2-80]
C.
A quorum shall consist of four members. The meetings
of the Joint Planning Board shall be held at the call of the Chairman
and/or at such other times as the Board by its bylaws may decide.
The Board shall keep minutes of its proceedings showing the vote of
each member upon each application for development or other question
as to which a roll call vote is required by law and shall keep records
of its examinations and other official actions, all of which shall
be immediately filed in the office of the Board and shall be a public
record.
[Amended 2-21-1980 by Ord. No. 0-2-80; 4-22-1993 by Ord. No.
0-1-93]
D.
Said Board shall perform all the duties and have all
of the powers now or hereafter provided by law to be exercised by
Boards of Adjustment and shall determine the true location of any
district boundary line.
E.
If the Joint Planning Board lacks a quorum because
any of its regular or alternate members is prohibited by Section 56
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-69) from acting on a matter
due to the member's personal or financial interest therein, Class
IV members of the Joint Planning Board shall be called upon to serve,
for that matter only, as temporary members of the Joint Planning Board.
The Class IV members of the Joint Planning Board shall be called upon
to serve in order of seniority of continuous service to the Joint
Planning Board until there are the minimum number of members necessary
to constitute a quorum to act upon the matter without any personal
or financial interest therein, whether direct or indirect. If a choice
has to be made between Class IV members of equal seniority, the Chairman
of the Joint Planning Board shall make the choice.
[Added 4-22-1993 by Ord. No. 0-1-93]
A.
The Township Council may from time to time, on its
own motion or on petition, amend, supplement or repeal the regulations
and provisions of this Part 9, or any part thereof.
B.
Whenever the owners of 50% or more of the street frontage
in any district or any specified part thereof, as determined by the
Joint Planning Board, shall present to the Township Council a petition
duly signed and acknowledged, requesting an amendment, supplement,
change, modification or repeal of the regulations prescribed for said
district or specified part thereof, it shall be the duty of the Township
Council to hold a public hearing thereon and cause notice thereof
to be given, for the purpose of granting an opportunity to the signers
of said petition to be heard.
[Amended 2-23-1995 by Ord. No. 0-2-95]
It shall be unlawful to use or permit the use
of any building or premises or part thereof, now or hereafter created,
erected, changed, converted or enlarged wholly or partly, in its use
or structure, until a certificate of occupancy shall have been issued
by the Construction Official. Such certificate shall show that such
building or premises or part thereof and the proposed use thereof
are in conformity with the provisions of this Part 9. It shall be
the duty of the Construction Official to issue a certificate of occupancy
within 10 days after a request for the same shall have been filed
in his office by any owner, after having first determined that the
building and the proposed use thereof conform to all the requirements
herein set forth.
A.
Under such rules and regulations as may be established
by the Township Council, a temporary certificate of occupancy for
a part of a building may be issued by the Construction Official.
B.
Upon written request from the owner, the Construction
Official shall issue a certificate of occupancy for any building or
premises existing at the time of passage of this Part 9, certifying
after inspection, the extent and kind of use made of the building
or premises, including the number of employees and whether such use
conforms to the provisions of this Part 9.
C.
Each applicant for a certificate of occupancy shall
pay for the same the fee which is now or hereafter may be provided
by ordinance.
A.
For any and every violation of the provisions of the Building Zone Ordinance of the Township of River Vale, 1944, of this Part 9 and any supplement or amendment thereto, heretofore or hereafter adopted, the owner or owners, architect, general agent or agents, contractor or contractors of any building or premises or any other person or persons interested as lessee, tenant or otherwise in any building or premise where such violation has been committed or shall exist or any other person who permits, commits, takes part in or assists in such violation shall, for each and every such violation, be subject to the penalties in Chapter 1, General Provisions, Article I, § 1-14, at the discretion of the court or Judge before whom such person may be convicted.
[Amended 11-12-1970]
B.
Each and every day that any such violation continues
shall be considered a separate and specific offense.
C.
Nothing in this Part 9 shall be construed as depriving
the Township of River Vale or the Township Council or any interested
person of any other available remedy.
