[Amended 10-17-2001 by Ord. No. DR-14]
A. Purposes. To ensure compliance with the provisions of this chapter,
no person shall erect, alter or convert any structure or building
or part thereof nor alter the use of land subsequent to the adoption
of this chapter until the proper certification has been issued by
the Zoning Officer.
B. Application for first certificate of zoning compliance.
[Amended 12-20-2000 by Ord. No. R-470]
(1) Applications for zoning certifications shall be the same as applications
for building permits.
(2) The Zoning Officer shall act upon applications either to approve,
refer to the Planning Board, Zoning Board of Adjustment or deny, within
10 business days of the receipt of a complete application.
(3) Any application not acted on by the Zoning Officer within 10 business
days of the receipt of a complete application shall be deemed to be
an approval.
C. Issuance of certification. The first certificate of zoning compliance
shall be issued by the Zoning Officer on a form approved by the Director
of Community Development. Where action is required by the Planning
Board or the Zoning Board, no first certificate of zoning compliance
shall be issued until the Zoning Officer is in receipt of the resolution
of approval of minor site plan or final site plan approval along with
a set of the approved, signed site plan drawings.
[Amended 5-7-2003 by Ord. No. DR-90; 6-18-2008 by Ord. No.
DR-357; 6-17-2015 by Ord. No. Z-350]
D. Notice requirements. When exterior alterations are approved by the
Zoning Officer that will alter the height, yard setback or lot coverage
on a property where it has been determined that Planning Board or
Zoning Board of Adjustment review is not required, the applicant shall
notify the immediately adjoining property owners of a zoning approval
obtained and the appeal rights afforded under this chapter. Notice
shall be made by certified letter and proof of notification shall
be provided to the Zoning Officer. No building permits shall be issued
until the Construction Code Official is in receipt of the first certificate
of zoning compliance and proof of notification has been provided.
[Added 6-17-2015 by Ord.
No. Z-350]
E. Denial of certification. When the Zoning Officer is not satisfied
that the applicant's proposal will meet the requirements of this chapter,
he shall refuse to issue a certification and shall so notify the applicant
and the Construction Code Official, in writing, giving the reasons
for denial. The applicant may appeal to the Zoning Board of Adjustment
for a modification or reversal of the Officer's decision.
F. Revocation of zoning certification. If it shall appear at any time
to the Zoning Officer that the application or accompanying plan is
in any respect false or misleading or that work is being done upon
the premises differing materially from that called for in the application
filed with the Zoning Officer or Construction Code Official, the first
certificate of zoning compliance shall be revoked and the building
permits invalidated. As a condition for reinstating the Zoning Certification,
the Officer may, in his/her discretion, before issuing the new certification,
require the applicant to file an indemnity bond in favor of the City
of Hoboken with sufficient surety conditioned for compliance with
this chapter and all laws and ordinances then in force and in a sum
sufficient to cover the cost of removing the building or structure
if it does not so comply.
[Amended 6-17-2015 by Ord. No. Z-350]
G. Expiration of building permits. If a permit has not been acted upon
by the commencement of construction within one year from the date
of issuance, said permit and all rights created thereby shall expire.
[Amended 6-21-1989 by Ord. No. P-58; 3-20-1991 by Ord. No. P-136; 5-1-2002 by Ord. No. DR-36; 5-7-2003 by Ord. No. DR-90; 6-18-2008 by Ord. No.
DR-357; 9-1-2010 by Ord. No. Z-53; 8-15-2012 by Ord. No.
Z-196; 4-16-2014 by Ord. No. Z-288]
Action Requested
|
Project Type
|
Project Size
|
Application Fee
|
Escrow Fee
|
---|
Zoning Review
|
|
Residential
|
1-4 dwelling units
|
$100
|
None
|
|
Residential
|
5+ dwelling units
|
$100 plus
$25/dwelling unit over 4
|
None
|
|
Nonresidential
|
Under 5,000 square feet
|
$100
|
None
|
|
Nonresidential
|
5,000-9,999 square feet
|
$200
|
None
|
|
Nonresidential
|
10,000-49,999 square feet
|
$400
|
None
|
|
Nonresidential
|
50,000 square feet and over
|
$500
|
None
|
[Added 6-21-1989 by Ord. No. P-58]
A. General requirements. Where the agency having jurisdiction determines
that off-tract improvements are necessary for the proper development
and use of the proposed site or subdivision and the surrounding area,
it may require either that such off-tract improvements be installed
or that the developer contribute to the installation of such off-tract
improvements. Where the agency having jurisdiction has determined
that off-tract improvements are required, a condition for granting
final approval shall be that such improvements be constructed or that
the developer shall make payments toward the ultimate installation
of off-tract improvements such as, but not limited to, streets, curbs
and gutters, sidewalks, water mains, sanitary sewers, storm sewers,
culverts and other underground utilities as they occur, monuments
and streetlights, all in accordance with the specifications governing
on-tract improvements.
B. Cost allocation. If the Planning Board determines that the developer
may contribute toward required off-tract improvements in lieu of such
improvements being installed, the Planning Board shall allocate the
cost of said off-tract improvements in accordance with the standards
hereinafter set forth. The improvement of a stream and/or widening
of or the construction of drainage or other improvements in a street
or road fronting on the tract to be subdivided and/or developed shall
not constitute an off-tract improvement and the cost of said improvement
shall not be allocated.
(1)
Allocation considerations. The allocation of the cost of off-tract
improvements shall be determined in accordance with the following:
(a)
The Planning Board may consider the total cost of the off-tract
improvements, the benefits conferred upon the site or subdivision,
the needs created by the site or subdivision, population and land
use projections for the general areas of the site or subdivision and
other areas to be served by the off-tract improvements, the estimated
times of construction of off-tract improvements and the condition
and periods of usefulness, which periods may be based on the criteria
of N.J.S.A. 40A:2-22. The Planning Board may further consider the
criteria set forth below.
(b)
Road, curb, gutter and sidewalk improvements may be based on
the anticipated increase of traffic generated by the site or subdivision.
In determining such traffic increase, the Planning Board may consider
traffic counts, existing and projected traffic patterns, quality of
roads and sidewalks in the area and the other factors related to the
need created by the site or subdivision and anticipated thereto.
(c)
Drainage facilities may be based on the percentage relationship
between the site or subdivision acreage and the acreage of the total
drainage basins involved or on calculations developing the percentage
contribution that the storm runoff from a particular site or subdivision
bears to the total design capacity of any improvement; the particular
methods to be selected in each instance by the City Engineer or City
engineering consultant.
(d)
Water supply and distribution facilities and sewerage facilities
shall be based upon a proportion as determined by the current rules
and regulations or procedures of the City of Hoboken Department of
Public Works.
(2)
Use of funds collected. All moneys received by the municipality
in accordance with the provisions of this section shall be paid to
the Department of Revenue and Finance, which shall provide for a suitable
depository therefor. Such funds shall be used only for the improvements
for which they are deposited or improvements serving the same purposes
unless such improvements are not initiated for a period of five years
from the date of payment, after which time said funds shall be transferred
to the capital improvement funds of the municipality.
(3)
Apportionment of costs. The apportionment of costs shall be
determined by the Planning Board. The developer shall be afforded
an opportunity before said Board to present evidence relative thereto.
C. Assessment not precluded. Nothing in this section of this article
shall preclude the municipality from assessing any property benefiting
from installation of any off-tract improvements as provided in this
section, pursuant to the provisions of the Revised Statutes of New
Jersey, an allowance being made to the respective parcels of realty
for payments herein.
[Added 6-21-1989 by Ord. No. P-58]
Per N.J.S.A. 40:55D-42, Chapter 291, Laws of New Jersey, 1975,
and in conjunction with the approval of any site plan by the Planning
Board or Zoning Board of Adjustment, a fee established by the Mayor
and Council of the City of Hoboken shall be assessed against the approved
structure for deposit in a municipal infrastructure fund for off-tract
improvements such as the City water supply system, public underground
utilities, storm sewers, sanitary sewers serving the project and the
sewerage treatment plant. Such assessment may be levied against any
development with an approved site plan which has not yet been connected
to the sewer system.