A.
Unless otherwise noted herein, this chapter shall be enforced by
the Zoning Officer. It shall be his/her primary duty to investigate
violations of the chapter coming to his/her attention, serve notices
to abate violations, sign complaints where justified, and cooperate
with other Township officials in the prosecution of violators. If
any applicant disagrees with the findings made by the Zoning Officer
in enforcement of this chapter, said applicant has the option to request
an informal review of a concept plan from the Land Use Board or an
interpretation of the ordinance from the Land Use Board.
[Amended 11-10-2016 by Ord. No. 2016-11[1]]
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
B.
The enumeration herein of the primary duties of the Zoning Officer
shall not mean that other officials and employees shall be relieved
of their obligation to enforce this chapter. The Zoning Officer, or
other Township employees authorized by the Township Committee, shall
have the right to inspect any lot or building at reasonable times
for the purpose of investigating possible violations of this chapter.
[Amended 11-10-2016 by Ord. No. 2016-11[1]]
In addition to actions commenced by the Zoning Officer in the
enforcement of this chapter, in cases where any building or structure
is, or is intended to be, erected, constructed, reconstructed, altered
or converted, or any building or structure is, or is intended to be,
used in violation of, or contrary to, the provisions of this chapter,
the Attorney for the Land Use Board is hereby authorized, pursuant
to directions of the Township Committee, to institute an action to
enjoin the erection, construction, alteration, conversion or use of
any such structure or building, or the commencement of any use in
violation of this chapter, or to pursue any other appropriate action,
proceedings or remedies available at law to prevent the commencement
of or the continuation of such use.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
No structure or part thereof shall be erected, raised, moved,
extended, enlarged, altered or demolished and no excavation or clearing
shall be undertaken until a building permit has been granted by the
Construction Official. Application therefor shall be filed in duplicate
by the owner or his/her agent and it shall state the intended use
of the structure and of the land. The application shall be accompanied
by detailed plans and specifications, plot plan showing open spaces,
the established building lines within 200 feet of either side of the
proposed structure, existing and proposed elevations of the corners
of the lot, at the corners of all buildings, along driveways and in
any area where change of elevation is proposed, elevations and peculiarities
of topography, and such other information as may be necessary or desirable
to permit the enforcement of this chapter.
No permit shall be granted for a building or use if the design
or construction of same is likely to involve exceptional risk of traffic
congestion, public safety or hazard.
No land shall be used, no use shall be commenced and no structure
shall be erected, constructed, reconstructed, altered, converted and
no land, use or structure shall be changed from an existing use to
a new use until a zoning permit is issued by the Zoning Officer stating
that such use, structure or building conforms and complies with the
provisions of this chapter or that a variance has been granted from
the appropriate provisions of this chapter by a board of competent
jurisdiction.
No land shall be used, or use commenced, and no structure shall be occupied or used in whole or in part for any use, nor shall the use of any land or structure be changed from an existing use to a new use until a certificate of occupancy has been issued by the Construction Official stating that the structure and the occupancy and use of the land and structure conform to the provisions of the New Jersey Uniform Construction Code Act, and comply with the provisions of Chapter 424, Site Plan Review, and this chapter. Such certificates of occupancy shall be granted or denied within 10 days from the date written application therefore has been received by the Construction Official in accordance with the New Jersey Uniform Construction Code Act. Unless a certificate is granted within such period, it shall be deemed to be denied.
A.
Recognizing, in certain instances, the necessity of certain temporary
uses, the Land Use Board, after hearing, may authorize temporary use
permits, pursuant to the authority of N.J.S.A. 40:55D-70(b). Such
permits may be issued for a period not to exceed one year and, on
further application to the Land Use Board, may be extended, for good
cause shown, for an additional period not to exceed one year. Thereafter,
such temporary use permit shall expire and the use so permitted shall
be abated. Any structures erected in connection therewith shall be
removed. Where it deems appropriate, the Land Use Board may require
such guarantees it deems sufficient to cause such abatement and/or
removal.
[Amended 11-10-2016 by Ord. No. 2016-11[1]]
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
B.
Where a building permit has been issued, the Land Use Board may grant
a temporary use permit for a nonconforming use incidental to construction
projects on the same premises such as storage of building supplies
and machinery and/or assembly of building materials. For example,
but not by way of limitation, such temporary use permit may be issued
to permit parking of a construction trailer on such a site.
[Amended 11-10-2016 by Ord. No. 2016-11[2]]
[2]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
C.
The Land Use Board may grant temporary use permits for the erection
and maintenance of temporary structures or buildings for the conduct
of permitted uses where such permitted uses have been interrupted
by reason of fire or other casualty or are about to be established
upon construction of a permanent structure. Such temporary use permit
shall expire when the necessary construction, repair or reconstruction
of the permanent structures or buildings have been accomplished or
within one year, whichever occurs first.
[Amended 11-10-2016 by Ord. No. 2016-11[3]]
[3]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
D.
Where a building permit has been issued, a temporary certificate
of occupancy for a dwelling house may be granted to a developer to
permit such dwelling house to be used, temporarily, as a sales and
management office for the sale of those homes within a subdivision,
provided the following requirements are met:
(1)
The house to be used as such office is built upon a lot approved
as part of a subdivision approved by the Land Use Board.
(2)
The house is of substantially the same quality of construction as
those homes to be sold within the subdivision.
(3)
No other business than that which is accessory to the management
and sale of lands owned by the developer shall be permitted.
(4)
The dwelling house shall meet all other requirements of the zone
district in which it is located.
A.
The Construction Official shall keep a record of all applications
for building permits and certificates of occupancy and of all such
permits and certificates issued, with a notation of all special conditions
involved.
B.
The Zoning Officer shall prepare a monthly report summarizing, for
the period since his/her last report, all zoning permits issued, complaints
of violations received and action taken by him/her with respect thereto.
Such report shall be in a form and shall contain such information
as the Township Committee may direct. A copy of such report shall
be made available to the Construction Official and to the Tax Assessor.
A.
No person shall commence any construction, grading, filling or other
form of land disturbance, nor shall any use be commenced in furtherance
of any approved preliminary and/or final subdivision or site plan,
unless a permit for same shall have first been obtained from the issuing
authority, who shall be the Township Engineer.
B.
Prior to the issuance of any such permit, the Township Engineer shall
have first determined that:
(1)
All conditions of Board approval have been met.
(2)
All fees and escrow moneys due the Township have been paid or deposited.
(3)
All required permits have been obtained and documentation of permit
issuance has been submitted.
(4)
All proposed construction will be in accordance with approved plans.
(5)
A preconstruction meeting has been held with the Township Engineer.
(6)
All off-tract improvements contributions have been deposited with
the Township.
(7)
All required surety has been posted and accepted by the Township
Committee.
(8)
A developer's agreement, if required, has been executed with the
Township Committee.
(9)
The developer has made arrangements with the state police and the
provider of other emergency services with respect to traffic control
and circulation considerations during construction activities.
C.
No such permit shall be issued unless, at least 10 days prior to
the date on which construction is proposed to commence, the applicant
shall have applied, in writing, on an approved application form, accompanied
by written documentation that the conditions attending the underlying
approval (subdivision or site plan review), including, but not limited
to, all requisite third-party approvals, have been satisfied and all
requisite third-party permits have been secured.
D.
Such permit shall be valid for a period of one year from date of
issuance and shall automatically expire, by limitation, unless construction
pursuant thereto shall have been actually commenced within such period
and shall have been diligently pursued.
F.
Site restoration guarantees required.
(1)
It is the intent of this section, in the event of cessation of land
disturbance and/or construction activities for a period of more than
90 consecutive days, when adverse weather conditions are not the cause
of such cessation of operation or the applicant has not satisfactorily
explained to the Township Engineer the reason for such cessation of
operation and when the Township Engineer shall not have found that
such cessation of operation is of a temporary nature, only, to assure
restoration of so much of the site as is reasonably required to result
in a safe and stable condition and one which does not create a risk
to the public health and safety.
(2)
In the event of the anticipated cessation of land disturbance and/or
construction activities, for a period of more than 90 consecutive
days, the applicant shall have provided advance notice thereof, in
writing, to the Township Engineer setting forth, in detail, the reasons
for the proposed cessation of such activities and stating, to the
best of the applicant's ability, the anticipated date upon which the
activities will recommence.
(3)
Consequently, it shall be required that, prior to the issuance of
a land disturbance-construction permit, the applicant shall first
have posted with the Township a restoration guarantee, meeting the
requirements of N.J.S.A. 40:55D-6 and N.J.S.A. 40:55D-53, to assure
the prompt and proper restoration of only so much of the site as,
in the opinion of the Township Engineer, is unsafe, unstable or presents
a risk to the public health and safety.
(4)
The amount of the restoration guarantee shall be equal to 120% of
the estimated cost of restoration of the site to a safe and stable
condition, assuming all land disturbance and construction activities
are in full progress when the cessation thereof has taken place. A
written estimate of the cost of site restoration shall be prepared
by the applicant's engineer and provided to the Township Engineer.
(5)
The applicant shall have the option of posting separate restoration
guarantees for various separate phases of land disturbance or construction
activities upon the site, in order that, upon the satisfactory completion
of a particular phase of land disturbance or construction, the applicant
may apply for and secure the release of the restoration guarantee
posted for that particular phase.
(6)
Such restoration guarantee shall be posted with the Township, shall
be approved by the Township Attorney and accepted by the Township
Committee prior to the issuance of any land disturbance-construction
permit pursuant to this section.
A.
No petition, application or other documents submitted by an applicant pursuant to the terms of this or any other land use chapter shall be considered by the Land Use Board until the applicant shall have paid to the Township, in cash or check, those fees and deposits as set forth in Article VIII of Chapter 45, Land Use Procedures, as applicable.
[Amended 11-10-2016 by Ord. No. 2016-11[1]]
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
C.
Deposits or escrow funds are required in connection with subdivision
and site plan applications. Site plan or subdivision applicants which
require variance(s) shall not require additional escrow.
Any person violating the terms and provisions of this chapter
shall, upon conviction thereof, be subject to a fine not exceeding
$1,000, to imprisonment not to exceed 90 days and/or a period of community
service not exceeding 90 days, in the discretion of the magistrate.
Each and every day upon which such violation continues shall be considered
a separate and distinct violation.
