[Added 9-12-2005 by Ord. No. 43-2005]
A. Issuance of zoning permit. No property or building subject to a change
of use, change in occupancy or change in ownership, in whole or in
part, shall be occupied or used for any purpose, and no certificate
of occupancy, building permit, demolition permit or similar permit
shall be issued and no site improvements, including excavation or
construction or public or private improvements, shall be commenced
until the Zoning Officer of the Borough of Madison has issued a Zoning
Permit for such property. If the subject property complies with all
provisions of the Borough Code, all matters incorporated by the Borough
Engineer, any lawful prior orders issued under the authority of the
construction, property maintenance, fire prevention and health codes
are properly abated, all prior conditions established by site plan,
subdivision or variance approvals are satisfied, and the subject property
is not subject to site plan approval as set forth below, the Zoning
Officer shall issue the zoning permit within 10 business days of receiving
a complete application and evidence that all property taxes and all
other Borough charges have been paid on the subject property. Otherwise,
the Zoning Officer shall deny the application within the ten-day period,
citing the reason or reasons for such denial.
[Amended 4-11-2022 by Ord. No. 16-2022]
B. Zoning permit subject to site plan approval. If site plan approval is required pursuant to §
195-20B(2), as determined by the Zoning Officer, no zoning permit shall be issued until a site plan for the subject site is approved by the Planning Board. The Zoning Officer may refer the question of whether site plan approval is required to the Technical Coordinating Committee for review and recommendation. If the Zoning Officer determines that site plan approval is required, the Planning Board may waive the requirement for site plan approval if the Board determines that the change in use, occupancy or ownership will have no adverse effect on drainage, traffic, parking, sidewalks, paving, landscaping, fencing, sanitary disposal or other similar considerations.
C. Exemptions.
(1)
Changes in the use, ownership or occupancy of a residential
building, or a residential portion only of a mixed-use building, shall
be exempt from the requirements of this section.
(2)
Any change of ownership which is exempt from the payment of
the realty transfer fee imposed under New Jersey Public Law 1968,
c. 49, as amended, by reason of a deed for a consideration of less
than $100; which confirms or corrects a deed previously recorded;
between husband and wife, parent and child; by an executor or administrator
of a decedent to a devisee or heir to effect distribution of the decedent's
estate in accordance with the provisions of the decedent's will or
the intestate laws of the State of New Jersey; or recorded within
90 days following the entry of a divorce decree which dissolves the
marriage between the grantor and grantee, shall be exempt from the
requirements of this section.
D. Fees. The fee for a zoning permit is more particularly set forth in §
195-12. Application forms are available from the Borough Clerk or Zoning Officer.
E. Violations. Failure of an owner, agent or occupant to comply with
this section may result in the issuance of administrative penalties
and violations. Each violation of this section shall constitute a
separate offense and a summons may be issued for each and every day
that a zoning permit is not obtained. Each separate offense may result
in a summons being issued with a maximum daily penalty of $500 per
instance. Repeat offenders will be assessed an additional penalty
of $250 per day.
F. Zoning Officer. Any reference to Zoning Officer set forth in this
section shall be deemed to include any designee of the Zoning Officer.
[Amended 3-26-2018 by Ord. No. 13-2018]
A. Where no physical exterior improvements are proposed on a site occupied
by a permitted use, with the exception of signage and solid waste/recycling
receptacles, an applicant may apply for permitted use with waiver
of site plan details.
B. The applicant shall submit the required fee and the requisite application
materials itemized in Checklist E for review and consideration by the administrative official
for completeness. Upon determination by the administrative official
that the application is complete, the applicant shall submit additional
copies of all plans as directed by the administrative official, who
will then place the item on the TCC agenda.
C. The TCC shall review the application and determine if any additional
details are necessary for formal consideration by the Planning Board,
particularly if signage variance relief is triggered.
D. Where appropriate, the provisions of §
195-22 shall apply.
[Amended 3-26-2018 by Ord. No. 13-2018]
No application for development shall be deemed complete unless
the items, information and documentation listed for each application
checklist are submitted to the administrative official for the approving
Board. A complete application form must all be submitted with all
required signatures. If any of the required items is not submitted,
the applicant must request a waiver and state the reasons for such
request in writing. Such written requests for waivers are required
for an application to be deemed administratively complete.