Township of Bloomfield, NJ Article VIII Enforcement, Violations and Penalties

§ 315-52 Administration and enforcement.

A. Zoning permits. No land shall be occupied or used, in whole or in part, for any purpose, no use of any land, building or structure shall be changed and no building or structure shall be erected, altered or used for any purpose whatsoever unless and until a zoning permit for said use shall have been issued by the Zoning Officer.

B. Building permits. No construction work shall commence upon any regulated building or structure until the Construction Official has issued a building permit. Building permit fees shall be established by the Construction Official and approved by the Mayor and Council in accordance with the Uniform Construction Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. Submission requirements for building permits. Every application for a building permit shall be accompanied by:

(1) Three sets of construction plans showing:

(a) All information required by the Uniform Construction Code.

(b) The height of proposed and existing structures and buildings.

(c) The existing and intended use of each building and structure and each part thereof.

(d) The number of families or dwelling units the building is designed to accommodate.

(2) Three plot plans showing:

(a) The dimensions and location of the lot to be built upon, based on an actual survey prepared by a licensed surveyor.

(b) Proposed water and sewer lines (well and septic field locations, if applicable), and driveway locations.

(c) The front, rear and side yard setbacks and locations of all buildings.

(d) The number and location of off-street parking spaces and loading areas.

(e) Curbing elevation or edge of pavement elevation if no curbs.

(f) Proposed first floor, garage and basement elevations consistent with approved plans.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(g) Lot contour lines with drainage arrows, bench mark reference noted on curb.

(h) As-built drainage structures with existing elevation.

(i) Proposed street trees.

(j) All easements and lot restrictions.

(k) Solid waste enclosures, if applicable.

D. Certificates of occupancy.

(1) No building or structure hereafter constructed, moved, altered or enlarged shall be used or occupied until a certificate of occupancy or a certificate of continued occupancy therefor has first been applied for and issued by the Construction Official in accordance with the Uniform Construction Code.

(2) No certificate of occupancy or certificate of continued occupancy shall be issued without the issuance of a zoning permit by the Zoning Officer certifying that the proposed use, improvements and structures are in compliance with all terms, conditions, provisions and regulations of the Township Land Development Ordinance and all approvals issued pursuant thereto.

(3) A temporary certificate of occupancy may be issued, but only for a specific period and upon such conditions as the Township Engineer may impose, such as bonding, to ensure the completion and/or installation of any unfinished improvements. The installation of any required public or private improvements may also be delayed if the Township Engineer warrants in writing to the Construction Official that the delay is in the best interests of the Township of Bloomfield. A temporary certificate of occupancy may also be granted by the Construction Official pursuant to Article IV (emergency residential transportables) of this chapter.

E. Conditions for issuance of permits and certificates. No building permit, zoning permit or certificate of occupancy shall be issued until the applicant has fully complied with all applicable requirements of this chapter and all approvals granted pursuant thereto, the Uniform Construction Code, all other applicable Township ordinances, regulations and directives, and all state and county laws and regulations.

F. Contents of permits and certificates. A zoning permit or certificate of occupancy shall specify the use of the land, building or buildings, as the case may be, and any terms or conditions imposed thereunder.

G. Records. It shall be the duty of the Zoning Officer and the Construction Official, respectively, to keep records of all applications for building permits, zoning permits and certificates of occupancy and of all such permits and certificates issued, together with a notation of all special terms or conditions imposed thereunder. Each shall be responsible for the filing and safekeeping of plans and specifications submitted to them with any application, and the same shall form a part of the records of their office and shall be available to all officials of the Township of Bloomfield.

§ 315-53 Violations and penalties.

A. In case any building or structure is erected, constructed, reconstructed, altered, moved or converted, or any building, structure or land is used, in violation of or contrary to the provisions of this chapter, the Township may institute an action to enjoin the violation or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use. In addition, in the event of any violation of this chapter or the terms or conditions of any approval issued pursuant thereto, the Zoning Officer and/or Construction Official, or their designee, may assess administrative penalties as provided for below and may issue such stop-work orders, and deny, revoke or withhold such permits as necessary or proper in their judgment to abate, arrest or remedy such violation, to cause such violation to be remediated, abated or cured, and/or to prevent any further violations of this chapter or the terms or conditions of any approval issued pursuant thereof.

B. Not only the owner(s) of the property in violation shall be guilty of the unpermitted activity, but also any officers, agents, employees or independent contractors of any landowners who directly or indirectly aid or abet such acts or who authorize, direct or supervise such acts, shall be guilty of a violation of this chapter and upon conviction shall be subject to the penalties conferred.

C. It shall be a violation of this chapter if, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Township approval is required. Each lot disposition so made may be deemed a separate violation.

D. It shall be the responsibility of an applicant to maintain in good order and condition all improvements, site work and landscaping shown in the approved plans or required as a condition of approval granted under this chapter and to comply with all other conditions required by the Board as set forth in the resolution of approval, minutes of the Board or on the site plan or subdivision plat approved as part of the application. Failure to do so shall be considered a violation of this chapter.

E. Specific relief.

(1) In addition to the foregoing, the Township may institute and maintain a civil action:

(a) For injunctive relief; and

(b) To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56 of the Municipal Land Use Law.

(2) In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or its assigns or successors to secure the return of any deposits made or purchase price paid and, also, a reasonable search fee, survey expenses and title closing expenses, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded, as set forth in N.J.S.A. 40:55D-55.

F. The determination and enforcement of penalties shall be the jurisdiction of the Municipal Judge. Nothing in this chapter shall be construed to restrict the right of any party to obtain relief from any court of competent jurisdiction regarding a violation of this chapter.

G. Except where otherwise provided, violation of this chapter shall be subject to a penalty as provided in § 1-15 of this Code.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]