The following provisions shall apply to the
issuance of construction permits:
A.
When required. No activity subject to the Uniform
Construction Code Act shall commence until a construction permit has
been granted by the Construction Official. Activity subject to said
Act includes the construction, alteration, renovation, rehabilitation,
maintenance, occupancy and use of buildings and structures and approval
of premanufactured systems; all as defined in said Act.
B.
Application procedure. Separate construction permit
applications for each building or structure shall be completed and
submitted to the Construction Official. A fee as set forth in the
Borough Code for any construction permit shall be paid to the Borough
prior to the issuance thereof.[1] Applications shall be made in accordance with the requirements
as set forth in N.J.A.C. 5:23 et seq., and shall include properly
filled out copies of the following, which shall be signed by the owner
or signed and sealed by an appropriate licensed professional or tradesman
as required by the Uniform Construction Code:
(1)
The permit application folder and construction permit
application form;
(2)
The appropriate subcode form(s);
(3)
Three copies of all construction drawings, sketches,
plumbing riser diagrams, soils reports, specifications, and supporting
calculations and studies;
(4)
The estimated construction cost form for all building
additions and building alterations;
(5)
Where Chapter 184, Land Use, compliance review is necessary, three copies of a location survey which accurately shows all structures, lot lines, easements, etc. of said property, marked up to show any proposed new construction;
(6)
Vendor information about equipment and appliances,
their maximum utility consumption, rates, connection sizes, etc.;
and
(7)
Such other special information as the enforcing agency
shall require.
C.
Review Procedure.
(1)
Mandatory approvals. No construction permit shall
be issued until the plans and intended uses therefore have been reviewed
and approved in writing by the Zoning Officer, and as applicable,
the Board and other agencies, pursuant to the Uniform Construction
Code, and all applicable provisions of the Borough Code.
(2)
Permits involving site work. No construction permit
which involves site work ancillary to the permit activity shall be
issued unless and until the grading, stormwater drainage, etc. on
the site has been reviewed and approved by the Borough Engineer or
by the Board and all conditions precedent to such approval have been
complied with.
(3)
Modification of utilization. Whenever there is a proposed
modification of utilization of land, buildings or structures as defined
in this chapter, even though permitted in the zone district, zoning
approval shall not be issued until there has been review and approval
of a site plan by the Board and all conditions precedent to such approval
have been complied with, unless such review is waived by the Zoning
Officer pursuant to this chapter.
(4)
Change of use. Whenever there is a proposed use of
land or buildings or structures which is not permitted by this chapter,
no zoning approval shall be granted, nor shall any construction permit
be issued until such use has been approved by the Board pursuant to
this chapter, and all conditions precedent to such approval have been
complied with.
(5)
Completion of required improvements prior to issuance
of permits. In the event subdivision, site plan and/or variance approval
is required, no construction permit shall be issued prior to final
approval. Furthermore, the Board may require, as a condition of any
such approval, the withholding of construction permits pending the
satisfactory completion of the required improvements or removals set
forth.
D.
Time period for issuance of permit. Construction permits
shall be reviewed within 20 business days of the filing of a complete
application. If the Construction Official fails to complete a review
of the permit application and to notify the applicant of the approval
or denial, as applicable, of the permit within said time period, the
applicant may appeal to the County Construction Board of Appeals for
a determination regarding the application.
Zoning permits are not issued by the Borough.
Zoning review is to be documented by a "Zoning Review and Decision
Record" form, signed by the Zoning Officer and included in the construction
permit application jacket. If an activity does not require site plan
approval, this must be determined by the owner of the property in
consultation with the Zoning Officer before any work is commenced.
Such zoning approval then will be documented by a letter signed by
the Zoning Officer, but will not serve as an estoppel in the event
that it is later determined that this chapter required site plan approval
and/or any other Board action. This shall not exempt any activity
from the requirement to obtain a construction permit and the provisions
of the Uniform Construction Code shall control.
[Amended 5-8-2007 by Ord. No. 07-08R]
The following improvements shall be exempt from
the requirement to obtain a construction permit or written zoning
approval, unless otherwise required by the Uniform Construction Code,
and provided that such improvements conform to stormwater management
requirements and all applicable standards in this chapter.
A.
When required. Certificates of occupancy, or other
forms thereof (e.g., certificates of continued occupancy, certificates
of approval, certificates of compliance, etc.) shall be applied for
and granted by the Construction Official before the facility is occupied
or used, as required by the Uniform Construction Code, N.J.A.C. 5:23-2.23.
Any change in use or modification of utilization shall require a new
certificate of occupancy. Before any certificate of occupancy shall
be issued for any such change in use or modification of utilization,
all applicable provisions of this chapter shall be complied with.
B.
Review procedure. A fee as set forth in the Borough
Code for any certificate of occupancy shall be paid to the Borough
prior to the issuance thereof.[1] No certificate of occupancy shall be issued by the Construction
Official until the agency has received prior approvals in writing
from the Zoning Officer, the Borough Engineer, the Soil Conservation
District, where applicable, and such other jurisdictions as may occasionally
be required, as determined by the enforcing agency. Each of the above
officials shall review the application for compliance with any regulations,
conditions of Board resolutions, etc., which are within their respective
areas of responsibility.
C.
Completion of required improvements prior to issuance of certificates of occupancy. In the event subdivision, site plan and/or variance approval is required, no certificate of occupancy shall be issued prior to final approval, nor prior to satisfactory completion of the required improvements set forth in Article IX except as may be provided otherwise by this chapter.
It shall be the duty of the Construction Official
and Zoning Officer to keep records of all applications for construction
permits, zoning approvals and certificates of occupancy, and of all
such permits and certificates issued, together with a notation of
all special terms or conditions imposed there under. They shall be
responsible for the filing and safekeeping of all plans and specifications
submitted to them with any application and the same shall form a part
of the records of their offices and shall be available to all officials
of the Borough. Duplicate copies of any permits or certificates shall
be furnished upon request to any persons who shall have a right thereto
by law upon payment of a fee as set forth in this chapter.
The erection or alteration of any building or structure prior to obtaining a construction permit, the installation of any improvement of land prior to obtaining a zoning approval, the use or occupancy in whole or in part of any building or structure in which the nature of the use shall have been changed or wherein there has been a modification of utilization or upon which an improvement has been made, shall be a violation of this chapter, and shall subject the violator(s) to the penalties herein prescribed in § 184-194.
