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. 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 community. Moreover, if an applicant or his agent can clearly
demonstrate that, because of peculiar conditions pertaining to his
land, the literal enforcement of one or more of these regulations
is impracticable or will exact undue hardship, the appropriate municipal
agency may permit such exception or exceptions as may be reasonable
and within the general purpose and intent of the rules, regulations
and standards established by this chapter.
[Amended 9-3-1997 by Ord. No. 97-5]
A. Construction Code Official and Zoning Officer. It
shall be the duty of the Construction Code Official and Zoning Officer
of the Township to administer and enforce the provisions of this chapter.
No structure shall be erected until a construction permit is obtained
from the Construction Code Official, and no structure or lot shall
be used in violation of this chapter. It shall be the duty of the
Construction Code Official to keep a record of all applications and
all construction permits which are either issued or denied, with notations
of any conditions involved, which data shall form a part of the Township
public records. A monthly report of construction permits issued shall
be filed with the Tax Assessor. It shall be the duty of the Zoning
Officer to inspect the structures and land in the Township and order
the owner, in writing, to remedy any condition found to exist in violation
of any provisions of this chapter. The owner shall have 30 days within
which time to respond, in writing, to the purported violations and
indicate remedies to be taken. Such response, or a lack of response,
shall be immediately communicated, in writing, by the Zoning Officer
to the governing body.
B. Construction permit.
(1) Every application for a construction permit shall
be accompanied by three 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, 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.
(2) A construction permit shall be granted or denied within
10 days from the date 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 shall have been
approved or denied by the Construction Code Official, together with
such permit as may be granted.
(3) All dimensions shown 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 land surveyor in the State
of New Jersey. The lot and the location of the structures thereon
shall be staked out on the grounds before construction is started.
(4) 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 municipal agency
or municipal agencies in accordance with the provisions of this chapter.
C. Certificate of occupancy.
(1) It shall be unlawful to use or permit the use of any
structure or part(s) thereof, either occupied by a new use or occupant
or hereafter erected, altered, converted or enlarged, wholly or in
part, until a certificate of occupancy shall have been issued by the
Construction Code Official. It shall be the duty of the Construction
Code Official to issue a certificate of occupancy only when he is
satisfied that the structure or part(s) thereof and the proposed use
conform to this chapter and all other applicable codes and ordinances
of the Township.
(2) A certificate of occupancy shall be granted or denied,
in writing, within 20 days from the date that a written notification
is filed with the Construction Code Official that the erection of
the structure is completed, unless additional time is agreed upon
by the applicant in writing.
(3) A temporary certificate of occupancy may be issued
for any structure or use for which site plan approval has been granted
although not all conditions of said approval have been complied with.
Such temporary certificates of occupancy shall be issued only in extenuating
circumstances and only with the approval of the Planning Board, which
may establish specific terms and conditions.
(4) Should the Construction Code Official decline to issue
a certificate of occupancy, his reason for doing so shall be so stated
on two copies of the application, and one copy shall be returned to
the applicant.
(5) Upon notice being served of any condition found to
exist in violation of any provisions of this chapter with respect
to any land use, the certificate of occupancy for such use shall thereupon,
without further notice, be null and void, and a new certificate of
occupancy shall be required for any further use of such structure
or land.
(6) A monthly report of the certificates of occupancy
issued shall be filed with the Tax Assessor. A record of all certificates
of occupancy shall be kept in the office of the Construction Code
Official, and copies shall be furnished on request to any person having
proprietary or tenancy interest in the structure or land affected.
The charge for each copy shall be established by resolution of the
governing body, except that there shall be no charge to a municipal
agency.
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 or
any other appropriate action or proceeding to prevent such erection,
construction, reconstruction, alteration, conversion or use. However,
nothing in this chapter shall be construed to restrict the right of
any party to obtain a review by any court of competent jurisdiction
according to law.
This chapter may be amended from time to time
by the governing body after the appropriate referrals, notices, hearings
and other requirements of law.