[Amended 11-4-1987 by Ord. No. V-140; 1-6-1988 by Ord. No.
V-148]
A.
Position created. There is hereby created the position of Zoning
Officer who shall be assigned to the office of the Director of the
Department of Administration.
[Amended 11-22-1993 by Ord. No. R-20]
B.
Appointment and term of office. The Zoning Officer shall be appointed
by the Director of the Department of Administration.
[Amended 11-22-1993 by Ord. No. R-20]
C.
Qualifications. An associate's degree or its equivalent in either
training or experience is required.
D.
Duties. The duties of the Zoning Officer shall include but not be
limited to the following:
[Amended 6-17-2015 by Ord. No. Z-350]
(1)
To enforce the zoning ordinances of the City of Hoboken.
(2)
To review all applications for building permits and assign those
requiring review and approval by the Planning Board, Zoning Board
of Adjustment or Historic Preservation Commission to the appropriate
board.
(3)
To issue zoning certifications following, where necessary, review
and approval by the Planning Board, Zoning Board of Adjustment, Historic
Preservation Commission, County Planning Board or other such agency
or individual as may be required.
(4)
In cases where exterior alterations will be made that 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 Zoning Office shall require proof of and ensure notification,
by the applicant, of all immediately adjoining property owners by
certified letter. Such notification shall inform said owners of a
zoning approval obtained and the appeal rights afforded under this
chapter.
(5)
To keep a record of all applications for permits and of all permits
and certifications issued, with a notation of all special conditions
involved.
(6)
To file and safely keep copies of all plans submitted.
(7)
To collect and record fees for zoning certifications.
(8)
To prepare a semiannual report for the City Council summarizing all
activity of the previous months concerning the duties of the Zoning
Officer.
(9)
To conduct field inspections and special investigations either in
response to a complaint by an individual, municipal agency or board
or on his own initiative to ensure compliance with this chapter.
[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[1]]
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.
A.
New uses. No building, structure or land shall be occupied or used
until such time as the certificate of occupancy issued by the Construction
Code Official is certified by the Zoning Officer as to its compliance
with this chapter. Such final certificate of zoning compliance shall
be issued, in writing, to the applicant and Construction Code Official
upon application by the owner, prospective occupant or purchaser only
after the Zoning Officer determines that the facts represented on
the application are correct and that the building, structure or use
is in conformance with the provisions of this chapter. A temporary
certificate of occupancy may be issued for any structure or use for
which the conditions of minor site plan or final site plan approval
have been complied with. The Planning Board or Zoning Board (as appropriate)
shall approve the issuance and terms of any temporary certificate
of occupancy.
[Amended 5-7-2003 by Ord. No. DR-90; 6-18-2008 by Ord. No.
DR-357]
B.
Existing uses.
(1)
At the time of passage of this article. Upon any reasonable written
request from the owner or other interested party, the Zoning Officer,
after inspection, shall certify a use or structure legally existing
at the time this article is made effective, indicating the extent
and kind of use and whether such existing use conforms to the provisions
of this chapter.
(2)
Change of use or structure. No change or extension of use shall be
made in a structure, use or land without a final certificate of zoning
compliance's having first been issued by the Zoning Officer, stating
that such change, extension or alteration is in conformity with the
provisions of this chapter and all other applicable ordinances.
C.
Scope of final certificate of zoning compliance. The final certificate
of zoning compliance shall contain sufficient information as to the
extent and kind of use or uses such that any future investigation
of the premises would disclose the extent to which a use was altered.
It shall also indicate whether such use is permitted or nonconforming
and the extent to which the use does not conform to the provisions
of this chapter.
D.
Revocation. On the serving of notice of any violation of any of the provisions of this chapter with respect to any structure or use thereof, as provided in § 196-62 of this chapter, but final certificate of zoning compliance for such use shall thereupon, without further action, be null and void, and a new final certificate of zoning compliance shall be required for any further use of such structure or land.
A.
Complaints of violations. Any person, municipal agency or board may
file a complaint if there is any reason to believe a violation of
this chapter exists. All such complaints must be in writing and shall
be filed with the Zoning Officer, who shall properly record such complaint
and immediately investigate.
B.
Procedures for abatement of violation. In case any building or structure
is erected, constructed, reconstructed, altered, repaired, converted
or maintained or any building, structure or land is used in violation
of this chapter or any other applicable ordinance, the Zoning Officer
or other proper official, in addition to other remedies, shall institute
any appropriate legal action or proceedings, including the issuance
of a stop-work order, a municipal court complaint and a superior court
complaint for an injunction, as necessary, to prevent such unlawful
erection, construction, repair, reconstruction, alteration, conversion,
maintenance or use; to restrain, correct and abate such violation;
to prevent the occupancy of said building, structure or land; or to
prevent any illegal act, conduct, business or use about such premises.
C.
Penalties. Any person, firm or corporation violating or resisting
the enforcement of any of the provisions of this chapter or any order,
decision or determination by the Board of Adjustment or Planning Board
and who refuses to abate such violation within 30 days after written
notice has been served upon such violator by registered mail or by
personal service from the Zoning Officer, the Zoning Board of Adjustment
or the Planning Board shall, for each and every violation, be subject
to a fine not to exceed $500 or to be imprisoned for a term not exceeding
30 days, or both, at the discretion of the court or judicial officer
before whom a conviction may be had. Each day that a violation occurs
or is continued shall constitute a separate offense. In the event
that any penalty provided herein is in excess of that allowed by any
other applicable code or ordinance, the penalty provisions of such
other code or ordinance shall apply.
[Amended 11-4-1987 by Ord. No. V-140]
[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.
