[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.
C. 
The date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, fillings, and publications required by Subsections D and E below.
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.
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.
(3) 
Zoning permits:
(a) 
Residential dwelling: $10.
(b) 
Renovations (residential and nonresidential): $10.
(c) 
Nonresidential construction: $20.
(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 erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure.
B. 
The use or occupancy of any building, structure or land.
C. 
The subdivision or resubdivision of any land.
D. 
The development or improvement of any site or premises.
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.