The application shall be made to the Zoning
Officer for issuance of a zoning permit, which permit shall be issued
and a copy delivered to the Construction Official before issuance
of a building permit. The Zoning Officer shall require two sealed
plot plans with an embossed seal prepared by a New Jersey licensed
professional engineer, land surveyor or architect, as authorized by
N.J.A.C., Subchapter 7 of Title 13, drawn to scale and showing the
size and location of all existing and proposed buildings, structures
and other facilities, all streams, wetlands, easements and other natural
features sufficient to enable him to determine whether all zoning
requirements are met. The requirement for sealed plot plans may be
waived for additions, alterations or accessory structures to existing
single-family dwellings and a sketch, prepared by the owner or applicant,
accepted in lieu thereof. Where there is a question as to the size,
location or other zoning, requirement, he may require a sealed location
survey. In the event of any material deviation from the approved application,
plot plan or building plans, the Zoning Officer may stop construction
by posting, a stop-work notice at the building site. The Zoning Officer
shall have the right to enter a building or premises during the daytime
in the course of duty after proper notification to the property owner
or occupant of the property.
A.
A zoning, permit shall be required in the following
instances:
(1)
Before issuance of any building permit and before
using or allowing the use of any structure, building or land or part
thereof hereinafter created, erected, changed, converted or enlarged,
wholly or partly.
(2)
Before changing the size of any building, property
or part thereof or allowing, a change of use of any building, property
or part thereof.
B.
A zoning permit shall show that every building or
premises or part thereof, and the proposed use thereof, is in conformity
with the provisions of this chapter or in conformity with the provisions
of a variance granted according to law.
C.
Any person desiring to change the use of his premises
shall apply to the Zoning Officer for a zoning permit, stating under
oath such facts as required. A copy of the zoning permit shall be
kept on file at all times upon the premises affected and shall be
displayed upon the request of any authorized official.
D.
All zoning permits shall be issued in triplicate,
and one copy shall be posted conspicuously on the premises affected
whenever construction work is being performed thereon. No owner, contractor,
workman or other persons shall perform any building, operations of
any kind unless the zoning permit covering such operation has been
previously issued. Furthermore, no building operations of any kind
shall be performed after notification of the revocation of the zoning
permit.
E.
Records and reports.
(1)
Records. It shall be the duty of the Zoning
Officer to keep a record of all applications for zoning permits and
a record of all permits issued, together with a notation of all special
conditions involved. He shall file and safely keep copies of all plans
submitted, and the same shall form a part of the records of his office
and shall be available for the use of the Township Committee and of
other officials of the Township.
(2)
Reports. The Zoning Officer shall prepare a
monthly report for the Township Committee summarizing, for the period
since his last report, all zoning permits issued, complaints of violations
received and action taken by him with respect thereto. Such report
shall be in a form and shall contain such information as the Township
Committee may direct. A copy of such reports shall be made available
to the Construction Official and to the Tax Assessor.
F.
A zoning permit, once granted, shall continue in effect
so long as there is no change of use or occupancy of the premises.
The Zoning Officer shall act upon all such applications
within 15 days after receipt of a fully filled-in application or shall
notify the applicant, in writing, of his refusal to issue a permit
and the reasons. Failure to notify the applicant in case of such refusal
within 15 days shall entitle the applicant to file an appeal to the
Zoning Board of Adjustment, as in the case of a denial.
The Zoning Officer may waive plans on minor
alterations not affecting structural change.
Fees shall be paid in accordance with the provisions of Article IX of this chapter.
If it shall appear at any time to the Zoning
Officer that the application or accompanying plans is in any material
respect false or misleading or that the work is being done upon the
premises differing materially from that called for in the application
previously filed with him and may be in violation of any provision
of this chapter, he may forthwith revoke the zoning permit.
Within one year from the effective date of this chapter or from the effective date of any subsequent amendment to this chapter, the effect of which is to make certain uses nonconforming, the owner of the property upon which any such nonconforming use exists may apply for and obtain at no charge a zoning permit certifying the extent and kind of use and specifying the nonconformity in detail. After the expiration of any such one-year period, a zoning permit may be issued for a nonconforming use only by the Zoning Board of Adjustment after a hearing held on notice to all persons entitled thereto in accordance with § 240-35.
It shall be unlawful for an owner to use or
permit the use of any building, or part thereof, hereafter erected,
altered, converted or enlarged, wholly or in part, until a certificate
of occupancy shall have been issued by the Construction Official.
Recognizing, in certain instances, the necessity
for certain temporary uses, the Board of Adjustment, after hearing,
may authorize temporary use permits pursuant to the authority of N.J.S.A.
40:55D-70b.
A.
Such permits may be issued for a period not to exceed
one year and, on future application to the Board of Adjustment, may
be extended, for good cause shown, for an additional period not to
exceed one year. Thereafter, such temporary use permit shall expire,
and the use so permitted shall be abated. Any structures erected in
connection therewith shall be removed. Where deemed appropriate, the
Board of Adjustment may require such guaranties as it may deem sufficient
to cause such abatement and/or removal.
B.
Where a building permit has been issued, a temporary
certificate of occupancy for a dwelling house may be granted to a
developer to permit such dwelling house to be used, temporarily, as
a sales and management office for the sale of those homes within a
subdivision, provided that all of the following requirements are met:
(1)
The house to be used as such office is built
upon a lot approved as part of a subdivision that has been approved
by the Planning Board.
(2)
The house is of substantially the same quality
of construction as those homes to be sold within the subdivision.
(3)
No other business than that which is accessory
to the management and the sale of lands owned by the developer shall
be permitted.
(4)
The dwelling house shall meet all other requirements
of the zone district in which it is located.
C.
Where a building permit has been issued, the Board
of Adjustment may grant a temporary use permit for a nonconforming
use incidental to construction projects on the same premises, such
as the storage of building supplies and machinery and/or the assembly
of building materials. For example, but not by way of limitation,
such temporary use permit may be issued to permit the parking of a
construction trailer on such a site or a house trailer to be parked
only during reconstruction of a building damaged by fire, flood or
other casualty.
D.
The Board of Adjustment may grant a temporary use
permit for the erection and maintenance of temporary structures or
buildings for the conduct of permitted uses where such permitted uses
have been interrupted by reason of fire or other casualty. Such temporary
use permit shall expire at the time the necessary repair or reconstruction
of the permanent structures or buildings has been accomplished or
within one year, whichever occurs first.
E.
The Board of Adjustment may grant temporary use permits
for the location of temporary structures, in connection with permitted
uses, on the site of such permitted use, which is either existing
or about to be established, upon the construction of permanent facilities
which are an addition to the permitted use or which will result in
permanent facilities to house the permitted use. For example, but
not by way of limitation, such temporary use permits may be issued
to permit the parking of a trailer housing banking facilities, temporary
office space, temporary classroom space and/or temporary warehouse
space on such a site.
A sign permit shall be required prior to the
erection or alteration of any sign.
The Zoning Officer may issue a temporary zoning
permit related to the development of a permitted use of the property.
In evaluating any application for such temporary permits, the building
or structure in question must meet the minimum requirements as set
forth in the New Jersey Uniform Construction Code Act for the issuance
of temporary certificates of occupancy and a performance guaranty
shall be posted which is sufficient, in the judgment of said Zoning
Officer, acting with the advice of the Planning Board engineer or
Municipal Engineer that will guarantee the completion of the project;
if said guaranty is in the form of a cash deposit, it shall be held
in a deposit or escrow account and shall, upon completion of all requirements,
be returned to the developer without interest. Such temporary permits
may be extended for an additional period not to exceed six months
subject to extension of any security or guaranty.
A.
Failure to obtain approval. If, before favorable referral and final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms part of a subdivision on which, by ordinance, the Planning Board is required to act, such person shall be subject to a fine and penalty as provided for in § 240-132. Each parcel or lot so disposed of shall be deemed to be a separate violation.
B.
Civil action. In addition to the foregoing, the Township
may institute and maintain a civil action:
(1)
For injunctive relief.
(2)
To set aside and invalidate any conveyance made
pursuant to such contract of sale, if a certificate of compliance
has not been issued in accordance with the provisions of N.J.S.A.
40:55D-56. Any such action shall be brought within two years after
the date of the recording of the instrument of transfer, sale or conveyance
of such land or within six years if unrecorded.
C.
Lien to be held as security. 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 subdivider or his assigns or successors,
to secure the return of any deposit made or purchase price paid and
also a reasonable search fee, survey expense and title closing expense,
if any.
For any and every violation of the provisions
of this chapter, the owner, contractor or other persons interested
as general agent, architect, building contractor, owner, tenant or
any other person who commits, takes part in or assists in any violation
of this chapter, or who maintains any building or premises in which
any violation of this chapter shall exist, and who shall have refused
to abate such violation within five days after written notice shall
have been served upon him, either by registered mail or personal service,
shall, for each and every violation, be subject to a fine of not more
than $1,000 or imprisonment in the county jail for a period not exceeding
30 days, or both, at the discretion of the court or judicial officer
for whom a conviction may be had. Each and every day that the violation
continues after such notice shall be considered a separate and specific
violation of this chapter.
[Added 6-16-2015 by Ord.
No. 2015-5]
A.
No person shall use or occupy any land or structure in violation
of any provisions of this chapter or in violation of the permitted
zoning uses for the zone district in which the land or structure is
located unless such use or structure is a lawful preexisting nonconforming
use or has otherwise been allowed by a variance or approval granted
by the Planning Board or Zoning Board of Adjustment.
B.
No person shall use or occupy any land or structure which use or
occupancy requires site plan approval pursuant to the provisions of
this chapter without first having obtained said site plan approval
from the Planning Board or Zoning Board of Adjustment unless said
use or occupancy is a lawful preexisting nonconforming use.
C.
No person shall use or occupy any land or structure in violation
of any site plan approval granted by the Planning Board or Zoning
Board of Adjustment or any predecessor thereto.
[Added 5-4-2021 by Ord.
No. 2021-06]
Pursuant to the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16[1]), all classes of cannabis licenses, including, but not
limited to, all cannabis establishments, cannabis distributors and/or
cannabis delivery services are hereby prohibited from operating anywhere
in the Township of Stillwater, except for the delivery of cannabis
items and related supplies by a delivery service.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
