[Amended 7-26-2011 by Ord. No. 11-07]
Every municipal agency shall adopt and may amend reasonable
rules and regulations, not inconsistent with this chapter, for the
administration of its functions, powers and duties and shall furnish
a copy thereof to any person upon request and may charge a reasonable
fee for such copy. Copies of all such rules and regulations and amendments
thereto shall be maintained in the office of the administrative officer.
Fees for applications or for the rendering of any service by the Planning
Board or any member of their administrative staffs which is not otherwise
provided by ordinance may be provided for and adopted as part of the
rules of the Board, and copies of said rules or of the separate fee
schedule shall be available to the public.
A.
Meetings of the Planning Board shall be scheduled no less often than
once a month, and any meeting so scheduled shall be held as scheduled
unless canceled for lack of applications for development to process.
[Amended 7-26-2011 by Ord. No. 11-07]
B.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by majority vote of a quorum, except as
otherwise required by any provision of the MLUL, as amended.[1] Failure of a motion to receive the number of votes required
to approve an application for development shall be deemed an action
denying the application.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, P.L. 1975, c. 231
(N.J.S.A. 10:4-6 et seq.), as amended.
F.
An executive session for the purpose of discussing and studying any
matters to come before the Board shall not be deemed a regular or
special meeting within the meaning of this chapter.
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Municipal Clerk.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee for reproduction of the minutes for his use.
A.
The municipal agency shall hold a hearing on each proposed adoption,
amendment or revision of the Master Plan, on each application for
development and on each capital project necessitating the expenditure
of public funds (N.J.S.A. 40:55D-31).
B.
The Board shall make the rules governing the conduct of hearings
before such bodies, which rules shall not be inconsistent with the
provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.
C.
Any maps and documents proposed or for which approval is sought shall
be on file and available for public inspection at least 10 days before
the date of the hearing, during normal business hours, in the office
of the administrative officer. Other documents, records or testimony
may be produced at the hearing to substantiate, clarify or supplement
the previously filed maps and documents.
D.
The officer presiding at the hearing or such person as he may designate
shall have the power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant evidence,
including witnesses and documents presented by the parties, and the
provisions of the County and Municipal Investigations Law, P.L. 1953,
c. 38 (N.J.S.A. 2A:67A-1 et seq.), as amended, shall apply.
E.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer,
and the right of cross-examination shall be permitted to all parties
through their attorneys, if represented, or directly, if not represented,
subject to the discretion of the presiding officer and to reasonable
limitations as to the time and number of witnesses.
F.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
G.
The Board shall provide for the verbatim recording of all the proceedings
by either stenographic, mechanical or electronic means. The Board
shall furnish a transcript or duplicate recording in lieu thereof
on request to any interested party at his expense. The Board, in furnishing
a transcript or tape of the proceedings to an interested party at
his expense, shall not charge such interested party more than the
actual cost of preparing the transcript or tape. Transcripts shall
be certified in writing by the transcriber to be accurate.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application for development submitted to the Board shall be
accompanied by proof that no taxes or assessments for local improvements
are due or delinquent on the property which is the subject of such
application; or, if it is shown that taxes or assessments are delinquent
on said property, any approvals or other relief granted by the Board
shall be conditioned upon either the prompt payment of such taxes
or assessments or the making of adequate provisions for the payment
thereof in such manner that the Borough will be adequately protected.
A member of the Board who was absent for one or more of the
meetings at which a hearing was held or was not a member of the Board
at that time shall be eligible to vote on the matter upon which the
hearing was conducted, provided that such member has available to
him the transcript or recording of all of the hearings from which
he was absent or was not a member and certifies in writing to the
Board that he has read the transcript or listened to such recording.
A.
The Board shall include findings of fact and conclusions based thereon
in each decision on any application for development and shall reduce
the decision to writing. The Board shall provide the finding and conclusions
through a resolution adopted at a meeting held within the time period
provided for action by the Board or a memorializing resolution adopted
at a meeting held not later than 45 days after the date of the meeting
at which the Board voted to grant or deny approval.
B.
The memorializing resolution shall be adopted by a vote of a majority
of the members of the Board who voted for the action previously taken,
and no other member shall vote thereon. If only one member who voted
for the action attends the meeting at which the resolution is presented
for adoption, the resolution may be adopted upon the vote of that
member. The vote on such resolution shall be deemed to be a memorialization
of an action of the Board and not to be an action on an application
for development by the Board, except that failure to adopt such resolution
within the forty-five-day period shall result in the approval of the
application for development, notwithstanding any prior action taken
thereon. If the Board fails to adopt a resolution or memorializing
resolution as specified herein, any interested party may apply to
the Superior Court in a summary manner for an order compelling the
Board to reduce its findings and conclusions to writing within a stated
time, and the cost of the application, including attorneys' fees,
shall be assessed against the Borough.
D.
A copy of the decision shall be mailed by the Board within 10 days
of the date of decision to the applicant or, if represented, then
to his attorney, without separate charge. A copy of the decision shall
also be mailed to all persons who have requested it and who have paid
the fee prescribed by the Board for such service. A copy of the decision
shall also be filed in the office of the Municipal Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the municipality.
E.
A brief notice of every final decision shall be published in the
official newspaper of the Borough, if there is one, or in a newspaper
of general circulation in the Borough. Said notice shall be sent to
the official newspaper for publication within 10 days of the date
of any such decision. The applicant shall be responsible for publishing
such notice in accordance with the applicable statute. The period
of time in which an appeal of the decision may be made shall run from
the first publication of the decision.
If the Board fails to grant or deny an application for development
within the time period provided by law, the applicant may claim approval
of his application as a result of this failure. To do so, an applicant
shall comply with the provisions below.
A.
The applicant shall provide notice of the default approval to the Board and to all those entitled to notice by personal service or certified mail of the hearing on the application, pursuant to § 207-17.
B.
The applicant shall arrange publication of a notice of the default
approval in the official newspaper of the Borough, if there is one,
or in a newspaper of general circulation in the Borough.
C.
The applicant shall file an affidavit of proof of service and publication
with the administrative officer, who, in the case of a minor subdivision
or final approval of a major subdivision, shall be the officer who
issues certificates pursuant to N.J.S.A. 40:55D-47, 40:55D-50 or 40:55D-76,
as the case may be.
Notice for a hearing on an application for development or adoption
or amendment of the Master Plan shall state the date, time and place
of the hearing, the nature of the matters to be considered and, in
the case of notice for an application for development, an identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Borough Tax Assessor's office, and the location and
times at which any maps and documents for which approval is sought
are available for public review.
A.
Notice of hearing shall be given by the Planning Board as to the
proposed adoption, amendment or revision of the Master Plan and by
the applicant as to the applications for development at least 10 days
prior to the date of the hearing.
B.
Public notice shall be given for an extension of approvals for five
or more years under N.J.S.A. 40:55D-49 and 40:55D-52, for modification
or elimination of a significant condition or conditions in a memorializing
resolution in any situation wherein the application for development
for which the memorializing resolution is proposed for adoption required
public notice, and for any other applications for development, with
the exceptions of minor subdivisions and final approvals. Public notice
shall also be required in the event that relief is sought from the
Board for a variance or for a conditional use permit, as part of an
application for development otherwise excepted from public notice.
The Board may also waive notice for a public hearing for a conventional
site plan application for development, if the Planning Board or Site
Plan Subcommittee of the Board appointed by the Chairman finds that
the application for development conforms to the definition of "minor
site plan."
C.
Manner of giving notice.
(1)
Notice of a hearing requiring public notice shall be given to the
owners of all real property as shown on the current tax duplicate
or duplicates located within 200 feet in all directions of the property
which is the subject of such hearing and whether located within or
without the municipality in which the applicant's land is located.
Such notice shall be given by serving a copy thereof on the owner
as shown on the current tax duplicate or his agent in charge of the
property or by mailing a copy thereof by certified mail to the property
owner at his address as shown on the current tax duplicate. A return
receipt is not required. This requirement shall be deemed satisfied
by notice to the condominium association, in the case of any unit
owner whose unit has a unit above or below it, or to the horizontal
property regime, in the case of any co-owner whose apartment has an
apartment above or below it.
(2)
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium, horizontal property regime, community trust or homeowners'
association, because of its ownership in common elements or areas
located within 200 feet of the property which is the subject of the
hearing, may be made in the same manner as to a corporation without
further notice to unit owners, co-owners or homeowners on account
of such common elements or area.
D.
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the clerk of such
municipality, which notice shall be in addition to notice required
to be given to the individual owners of lands in such adjoining municipality
which are located within 200 feet of the subject premises.
E.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other county land or situated within 200 feet of a municipal boundary.
F.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a state highway.
G.
Notice shall be given by personal service or certified mail to the
State Planning Commission of a hearing on an application for development
of property that exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Municipal Clerk pursuant to Section 6b of P.L. 1975, c. 291
(N.J.S.A. 40:55D-10b), as amended.
H.
Notice of hearings on applications for approval of a major subdivision
or a site plan not defined as a "minor site plan" shall be given,
in the case of a public utility, cable television company or local
utility which possesses a right-of-way or easement within the Borough
and which has registered with the Borough, by serving a copy of the
notice on the person whose name appears on the registration form on
behalf of the public utility, cable television company or local utility
or by mailing a copy thereof to the person whose name appears on the
registration form at the address shown on the form.
I.
All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for hearing, and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative
officer of the municipality shall, within seven days after receipt
of a request therefor and upon receipt of payment of a fee, make and
certify a list from the current tax duplicate of the names and addresses
of the owners to whom the applicant is required to give notice. In
addition, the administrative officer shall include on the list the
names, addresses and positions of those persons who have registered
to receive notice. The applicant shall be entitled to rely upon the
information contained in such list, and failure to give notice to
any owner or to any public utility, cable television company or local
utility not on the list shall not invalidate any hearing or proceeding.
The Planning Board shall give public notice on adoption, revision
or amendment to the Master Plan.
A.
Such notice shall be given by publication in the official newspaper
of the Borough, if there is one, or in a newspaper of general circulation
in the Borough at least 10 days prior to the date of any hearing.
B.
Notice by personal service or certified mail shall be given to the
clerk of an adjoining municipality of all hearings on adoption, revision
or amendment of a Master Plan involving property within 200 feet of
that municipality at least 10 days prior to the date of any hearing.
C.
Notice by personal service or certified mail shall be given to the
County Planning Board of all hearings on adoption, revision or amendment
of a Master Plan involving property within 200 feet of that municipality
at least 10 days prior to the date of any hearing. Such notice shall
include a copy of any proposed Master Plan, or any revision or amendment
thereto. Notice shall also be provided of the adoption, revision or
amendment of the Master Plan within 30 days of such and shall include
a copy of the adopted, revised or amended plan.
Any notice made by certified mail shall be deemed complete upon
mailing.
A.
Notice by personal service or certified mail shall be made to the
Clerk of an adjoining municipality of all hearings on the adoption,
revision or amendment of a development regulation involving property
situated within 200 feet of that municipality at least 10 days prior
to the date of any such hearing.
B.
Notice by personal service or certified mail shall be made to the
County Planning Board of all hearings on the adoption, revision or
amendment of a development regulation at least 10 days prior to the
date of the hearing. Such notice shall include a copy of any proposed,
revised or amended regulation. Notice shall also be provided of the
adoption, revision or amendment of the Master Plan within 30 days
of such and shall include a copy of the adopted, revised or amended
plan.
Development regulations shall not take effect until a copy thereof
shall be filed with the County Planning Board. A zoning ordinance
or amendment or revision thereto which, in whole or in part, is inconsistent
with or not designed to effectuate the land use plan element of the
Master Plan shall not take effect until a copy of a resolution providing
reasons for the inconsistency and adopted by a majority of the full
membership of the Council shall be filed with the County Planning
Board.
A.
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the health and welfare, the Board
shall process such application for development regulations. If the
application for development complies with this chapter, the Board
shall approve the application conditioned on the removal of the legal
barrier to development.
B.
In the event that a development proposed by an application for development
requires an approval by a governmental agency other than the Borough,
the Board shall condition its approval upon the subsequent approval
of such governmental agency, provided that the Board shall make a
decision on any such application within the time period provided in
this chapter or within such extension of time as has been agreed to
by the applicant.
A.
Payable to the Borough. All fees and deposits as required herein
shall be payable to the order of the Borough of Raritan and paid to
the Construction Official at the time of filing any application for
development. The Construction Official shall turn over and deliver
said fees and deposits to the Borough Treasurer forthwith. All permits,
determinations, resolutions or certificates of approval are subject
to the payment of all fees and deposits provided for in this chapter,
and no approvals shall be given by the Planning Board until proof
has been submitted to them that the requisite fees and deposits have,
in fact, been paid to the Borough Treasurer. All fees shall be nonrefundable.
Proposals involving more than one use shall pay a sum equaling the
total of the fees for the component elements of the submission.
[Amended 7-26-2011 by Ord. No. 11-07]
B.
Schedule of fees and deposits. There is hereby established in connection
with various applications for development and other matters which
are the subjects of this chapter the following schedule of fees and
deposits, which shall be computed and due cumulatively:
(1)
Filing fees.
[Amended 7-26-2011 by Ord. No. 11-07]
(a)
An application to the Planning Board for any application for
development, as defined herein, shall be accompanied by a filing fee,
which shall be used to defray the administrative cost of processing
the application as follows:
|
Type of Application
|
Fee
| |||
|---|---|---|---|---|
|
Subdivision:
| ||||
|
Concept or informal subdivision plat or sketch plat
|
No fee
| |||
|
Minor subdivision or resubdivision
|
$150, plus $10 per lot
| |||
|
Major subdivision, preliminary plat
|
$500, plus $10 per lot
| |||
|
Major subdivision, final plat
|
$250, plus $50 per lot
| |||
|
Site plans:
| ||||
|
Concept or informal site plan
|
No fee
| |||
|
Preliminary site plan:
| ||||
|
Residential
|
$500, plus $10 per unit
| |||
|
Nonresidential
|
$500, $5/100 square feet of building
| |||
|
Amendment to preliminary site plan
|
25% of original fee
| |||
|
Final site plan
|
25% of preliminary fee
| |||
|
Amendment to final site plan
|
10% of preliminary fee
| |||
|
Administrative appeal (N.J.S.A. 40:55D-70a)
|
$150
| |||
|
Interpretation of Part 6, Zoning (N.J.S.A. 40:55D-70b)
|
$150
| |||
|
Hardship variance, per variance (N.J.S.A. 40:55D-70c)
|
$75, maximum per application $225
| |||
|
Use variance (N.J.S.A. 40:55D-70d)
|
$250
| |||
|
Other variances (N.J.S.A. 40:55D-34 and 40:55D-36)
|
$75
| |||
|
Conditional use application
|
$100
| |||
(b)
Any site plan processed by the Planning Board requiring variances
and any use variance processed by the Planning Board requiring site
plan approval shall require filing fees that equal the collective
fees listed above for site plans and variances.
(2)
Escrow deposits.
(a)
In addition to filing and any other fees required pursuant to this chapter, all applicants for subdivision, site plan, variance relief or conditional use approval shall be required to deposit adequate funds, as determined by Subsection B(2)(b) and (c) below, to be held in escrow to cover the cost of professional services in conjunction with the review, consultation, reporting, testimony and inspection provided by the planning consultant, Borough Engineer, Board Attorney and/or any other professionals whose services are deemed necessary with respect to the application by the Borough agency. The Borough Treasurer shall place all such deposits in an escrow account in the name of the applicant and shall charge against such account all disbursements in connection with the costs referred to above. Subject to the provisions of Subsection B(2)(b) below, the amount of the initial deposit for said escrow account to be remitted at the time of the filing of the application shall be equal to three times the application fee or a minimum of $1,500, whichever is the greater.
(b)
No application shall be deemed complete, and the Borough agency
shall not process and/or take action on the application until such
time as the applicant shall have posted with the Treasurer of the
Borough of Raritan the required amount of escrow deposit, as determined
by the Planning Board. The required amount to be deposited with the
Treasurer of the Borough of Raritan may be remitted in cash, certified
check or money order.
[Amended 7-26-2011 by Ord. No. 11-07]
(c)
In order to expedite the processing of the applications by the
Board, when the funds in the escrow account fall below 35% of the
original amount posted prior to the completion of the application
procedure, the Borough Treasurer shall notify the applicant, at which
time the applicant shall post sufficient funds to bring the account
back to the original amount.
(d)
All such escrow funds shall be utilized by the Board to pay
the cost of any professional fees incurred by the Board to review
and/or give testimony in connection with the particular application
for development. All sums not actually so expended shall be refunded
to the applicant within 60 days after the final determination by the
appropriate Board with respect to such application upon certification
by the Board that said application has been finally determined.
(e)
The Borough Treasurer shall deposit all funds pending completion and review of the development application. Said money shall be placed in an interest-bearing account. In the event that a refund is to be made to the applicant pursuant to Subsection B(2)(f), the municipality shall refund, with interest, the said amount within 60 days from the date of final approval.
(f)
All bills submitted to a Borough agency by the planning consultant, Borough Engineer, Board Attorney or other professionals containing charges to be applied to an escrow account authorized and established pursuant to Subsection B(2) above shall specify the services performed in relation to individually identified applications for which the charges have been made.
(g)
Unit charges (i.e., per diem or hourly fees, inspection or expert testimony charges) levied by the Borough Engineer, planning consultant, Attorney or other professionals for services applied to an escrow account authorized and approved pursuant to Subsection B(2) above may not exceed those unit charges contracts for and/or approved by the Borough agency for services by said professional, which may not, under Subsection B(2) above, be subject to compensation by an escrow account.
(h)
Monthly accounting of all funds to be withdrawn by the Borough
from an escrow account shall be submitted by the Borough Treasurer
to the applicant at least 10 days prior to the withdrawal of said
funds. Within such 10 days, the applicant shall have the opportunity
to request, in writing, a hearing by the appropriate Borough agency
with respect to the reasonableness of the intended charges against
the escrow account. In the event that the applicant requests such
a hearing, no withdrawal shall be made from the account until the
Borough agency shall have ruled on the appeal. If the Borough agency
finds in favor of the applicant, the withdrawal from the escrow account
shall be adjusted accordingly.
(4)
Verifications.
(a)
Certificate of subdivision approval pursuant to P.L. 1975, c.
291, Section 44 (N.J.S.A. 40:55D-56), shall be computed and charged
at the same rate as for tax searches, pursuant to N.J.S.A. 54:5-14.
(b)
Certification of deed description pursuant to P.L. 1975, c.
291, Section 34 (N.J.S.A. 40:55D-46), shall be $25.
(5)
Transcripts and copies.
(a)
Where a transcript is required on the filing of an appeal to
the Borough Council and the transcript has not been previously prepared
and available, the appellant, at the time of filing the appeal, shall,
in addition to the appeal filing fee of $50, deposit with the administrative
officer the estimated costs of the transcript or an additional $100,
whichever is less, as a deposit to cover the costs thereof. The estimated
costs of the transcript shall be determined to be at the estimated
rate of $100 for each hour of the hearing comprising the matter. If
the deposit shall not be sufficient, the appellant shall pay the difference
prior to the appeal being heard, or the appeal shall be dismissed.
If the deposit shall exceed the costs of the transcript, the difference
shall be refunded to the appellant. The appellant may also submit
a transcript otherwise arranged by the applicant to the Municipal
Clerk so long as the method of transcription is acceptable to the
Municipal Clerk.
(b)
Transcripts, copies, duplicates or transcripts of records of
proceedings furnished to an interested party pursuant to P.L. 1975,
c. 291, Section 6f (N.J.S.A. 40:55D-10f): $0.40 for each folio of
original and $0.10 for each of the copies or the maximum permitted
by N.J.S.A. 2A:11-15,[1] whichever is greater.
[1]
Editor's Note: N.J.S.A. 2A:11-15 was repealed by L. 1991,
c. 119.
(6)
List of property owners from the current tax duplicate pursuant to
P.L. 1975, c. 291, Section 7.1c (N.J.S.A. 40:55D-12c): $0.25 per name
or $10, whichever is greater.
(7)
Publication of hearing or decisions of the Borough Council on appeal
pursuant to P.L. 1975, c. 291, Sections 6i and 8g (N.J.S.A. 40:55D-10i
and 40:55D-17g): cost of publication.
(8)
Performance guaranties, inspection fees and maintenance guaranties
shall be in addition to these filing fees.
(9)
Fee for filing an appeal to the Borough Council from the decision
of an approving authority: $100.
Any developer, owner or other person who, prior to final approval,
transfers, sells or agrees to sell, as owner or agent, any land which
forms a part of a subdivision on which the approving authority is
required to act shall be subject to a fine not to exceed $1,000 or
to imprisonment for not more than 30 days, and each parcel, plot or
lot so disposed of shall be deemed a separate violation. In addition
to the foregoing, if the streets in the subdivision are not such that
a structure on said land in the subdivision would meet requirements
for a building permit, the municipality may institute and maintain
a civil action for injunctive relief or to set aside and invalidate
any conveyance made pursuant to such a contract or sale. 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. 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.
The Borough Council shall enforce this chapter and may require
directly or delegate the authority to require the issuance of specified
permits, certificates or authorizations as a prerequisite to:
A.
The office of Zoning Officer of the Borough of Raritan is hereby
created. Appointment to the office of Zoning Officer shall be made
by the Mayor with the advice and consent of the Council. The term
of office shall be for one year. Every appointment shall be made for
the term of one year, to commence January 1 and terminate December
31 of the succeeding year. Any vacancy in the office shall be filled
by the Mayor with the advice and consent of the Council.
B.
Nothing contained herein shall prevent the Construction Official
appointed pursuant to the provisions of the State Uniform Construction
Code Act (P.L. 1975, c. 217, N.J.S.A. 52:27D-119) to hold the office
of Zoning Officer upon appointment for same by the Borough Council.
A.
It shall be the duty of the Zoning Officer to enforce this chapter
and, pursuant to that duty, to investigate any violation or alleged
violation of this chapter coming to his attention, whether by complaint
of third persons or from his own personal knowledge or observation.
When any building or structure is erected, constructed, altered, repaired,
converted or maintained or any building, structure or land is used
in violation of any provision of this chapter, it shall be the duty
of the Zoning Officer to proceed with the enforcement of this chapter
and the penalties provided for hereunder. He may also pursue such
other statutory method or methods heretofore or hereafter provided
as may be open to him.
B.
In the enforcement of this chapter, the Zoning Officer may apply
to the Judge of the Borough of Raritan for a warrant or warrants to
search and inspect the properties and premises upon which he has reason
to believe any violation of this chapter has taken or is taking place,
and, upon probable cause shown, the Judge may issue such warrant or
warrants, and the information obtained pursuant thereto shall be admissible
as evidence in any court of competent jurisdiction for the purpose
of proving any case brought for violation of this chapter.
C.
The Zoning Officer shall file a monthly report of his activities,
including the complaints and cases processed by him and disposition
thereof, with the Borough Council member charged by the Borough Council
with the enforcement of this chapter. It shall be the duty of the
Zoning Officer to keep records of all applications for zoning permits
and of all such permits issued, together with the notation of all
special terms or conditions imposed thereunder. He shall be responsible
for the filing and safekeeping of all plans and specifications submitted
to him with any application, and the same shall form a part of the
records of his office and shall be available to all officials of the
Borough of Raritan. Copies of any permits or certificates shall be
furnished upon request to any person who shall have a right thereto
by law. A fee as specified in this chapter shall be charged for each
copy.
For any and every violation of the provisions of this chapter,
the owner, contractor or other person or persons interested as lessees,
tenants or otherwise in any building, land or premises where such
violation has been committed or shall exist and who shall fail to
abate said violation within the time specified by the notice of violation
after written notice so to do has been served upon him by certified
mail, return receipt requested, or by personal service upon him shall,
for each and every violation, be subject to a fine not to exceed $500
or 90 days' imprisonment, or both, except as provided in this chapter
at the discretion of the court before whom a conviction may be had.
Each and every day that such violation shall continue after such abatement
notice shall have been served shall be considered a separate and specific
violation of this chapter and not as a continuing offense. If, after
diligent effort, service of a notice of violation cannot be made by
mail or in person, posting of a copy of such notice at a conspicuous
part on the premises in violation shall be construed as legal service.
A.
No building or structure or part thereof shall be erected, constructed,
reconstructed, structurally altered or moved until a zoning permit
and a building permit have been procured.
B.
No zoning or building permit shall be issued for the erection, construction,
reconstruction, structural alteration or moving of a building or structure
or part thereof, unless the plans and intended use indicate that such
building or structure is designed and intended to conform in all respects
to the provisions of this chapter.
C.
A record of all applications, plot plans and permits shall be kept
by the Construction Official.
D.
Before a zoning or building permit is issued for a new building or
for an extension or relocation of an existing building or before a
permit is issued for the installation of any improvements required
by this chapter or by a subdivision or site plan approved by the Board,
a licensed engineer or land surveyor shall visibly locate said building
or improvements, together with the lot lines of the intended site,
for inspection by the Construction Official. The Construction Official
shall ascertain that all requirements of this chapter and/or the approved
plot plan are complied with before issuing a building permit.
E.
After completion of footings for new buildings, a location survey
shall be made by a land surveyor to ascertain the exact location of
the structure and driveway in respect to lot lines.
F.
The Construction Official shall revoke any building permit if he
finds that actual conditions or construction does not adhere either
to the plans or specifications submitted to him or to any other applicable
municipal or state regulations.
A.
Certificates of occupancy for land use. No land shall be occupied
or used, in whole or in part, for any purpose whatsoever until a certificate
of occupancy therefor shall have been issued by the Construction Official
certifying that the use of said lands complies with the provisions
of this chapter. Whenever there shall be a change contemplated in
the use, operation or occupancy of any land, a new certificate of
occupancy therefor shall be required.
B.
Certificates of occupancy for buildings or structures. No building
or structure hereafter erected or altered shall be occupied or used,
in whole or in part, for any use whatsoever until a certificate of
occupancy therefor shall have been issued by the Construction Official.
No building or structure presently in existence shall be allowed to
undergo a change in use or be reoccupied or reused, whether by the
owner or tenant, in whole or in part, for any purpose whatsoever unless
and until a certificate of occupancy therefor shall have been issued
by the Construction Official. A temporary or partial certificate of
occupancy may be issued by the Construction Official covering specific
completed portions of a building for a specified length of time, not
to exceed six months, where the completion of certain required improvements
can justifiably be delayed.
C.
Prerequisite for the issuance of certificates of occupancy. No certificate
of occupancy shall be issued by the Construction Official until he
has first ascertained that all the requirements of this chapter and
any other applicable Borough or state regulations and ordinances,
Planning Board decisions, necessary resolutions of the Borough Council
and conditions of the site plan, as approved by the appropriate municipal
agency, have been installed on the premises in question. Furthermore,
prior to issuance of a certificate of occupancy, the Construction
Official shall refer the application therefor to the Board of Health
(or an officer designated by it) and to the Chief of the Fire Department
and shall not issue the requested certificate of occupancy until he
has received a certification from the Board of Health (or an officer
designated by it) that the use and building, if any, comply with all
ordinances and regulations of the Board of Health and a certification
from the Fire Chief that the use and building, if any, comply with
the Fire Prevention Code of the Borough.
[Amended 7-26-2011 by Ord. No. 11-07]
D.
Terms and conditions. A 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. Any change in use shall be treated as a new use, and a new certificate of occupancy shall be required therefor. Before any certificate of occupancy shall be issued for any such change in use, all provisions as set forth in Subsection C shall be complied with in the same manner as if the new use were an initial use of the land or a new structure or building.
E.
Records. It shall be the duty of the Construction Official to keep
records of all applications for certificates of occupancy and of all
certificates issued, together with a notation of all special terms
or conditions composed thereunder. Copies of any certificates shall
be furnished upon request to any person who shall have a right thereto
by law. A fee of $5 shall be charged for each copy.
F.
Application fees. Each application for a certificate of occupancy
provided for in this chapter shall be accompanied by a fee, according
to the following schedule:
|
Type of Application
|
Fee
| ||
|---|---|---|---|
|
Commercial and industrial:
| |||
|
Buildings and structures (new)
|
$50
| ||
|
Alterations
|
$35
| ||
|
Additions
|
$35
| ||
|
Repairs
|
$35
| ||
|
Temporary
|
$35
| ||
|
Residential construction (multifamily):
| |||
|
Per unit, additional
|
$25
| ||
|
Additions, per unit
|
$25
| ||
|
Repairs/alterations, per unit
|
$25
| ||
|
Final certificate of occupancy (all work on building and site
completed)
|
$35
| ||
|
Temporary, per unit
|
$25
| ||
|
Residential construction (single-family):
| |||
|
New construction (dwellings)
|
$35
| ||
|
Additions over 100 square feet which are habitable
|
$25
| ||
|
Repairs/alterations
|
$25
| ||
|
Relocated house
|
$35
| ||
|
Temporary
|
$25
| ||
|
General construction (buildings and structures):
| |||
|
Utility buildings
|
$25
| ||
|
Unclassified
|
$25
| ||
Each application for a permit provided for by this chapter shall
be accompanied by a fee, payable in cash or other form of security
approved by the Borough Attorney, in accordance with the applicable
sections of this chapter.
In case any building or structure is erected, constructed, altered,
repaired, converted or maintained or any building, structure or land
is used in violation of this chapter, the Construction Official shall
have the power to issue stop, cease and desist orders, and the Borough
Council, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use,
to restrain, correct or abate such violation, to prevent the occupancy
of said building, structure or land or to prevent any illegal act,
conduct, business or use in or about the premises.
