Borough of Somerdale, NJ Article XXX Administration and Enforcement

§ 162-203 Construal of provisions.

A. Interpretation and purpose. In interpreting and applying the provisions of this Part 4, they shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

B. Conflict with other laws. Whenever the regulations of this Part 4 require greater width or size of yards or other open spaces or require a lower height of buildings or lesser number of stories or require a greater percentage of a lot to be left unoccupied or impose restrictions more extensive than are required in any other statutes or local ordinances or regulations, the provisions of this Part 4 shall govern. Wherever the provisions of any statute or local ordinance or regulation require greater width or size of yards or other open spaces or require a lower height of buildings or a lesser number of stories or require a greater percentage of lot to be left unoccupied or impose restrictions more extensive than are required by the regulations of this Part 4, the provisions of such statute or local ordinance or regulation shall stand.

§ 162-204 Enforcement agent designated.

The provisions of this Part 4 shall be enforced by an appointee of the Borough Council, hereinafter called the "Zoning Officer." It shall be the duty of the Zoning Officer to ascertain whether the proposed building, alteration or addition complies with the provisions of this Part 4. He shall keep a record of all applications for permits and a record of all permits issued, with a notation of all specific conditions involved, and shall safely file and keep all plans submitted in the office of the Borough Clerk or such offices as the Borough Council shall provide.

§ 162-205 Zoning permits; application procedures.

[Amended 6-12-1991 by Ord. No. 91:02]

A. Zoning permits shall hereafter be secured from the Zoning Officer prior to construction, erection or alteration of any structure or part of a structure or use of a structure or land. All requests for zoning permits shall be made in writing by the owner or his authorized agent and shall include a statement of the use or intended use of the building or structure or land and shall be accompanied by a plan of the plot showing thereon the exact size, shape and location of all proposed structures and all existing structures and such other information as may be necessary to provide for the enforcement of this chapter, in accordance with the application form provided by the Borough. The fee for the zoning permit shall be as set forth in the current Fee Ordinance.

B. Prior to the erection, construction or structural alteration of any building, structure or portion thereof or change in use of any building, lot or parcel of land, application forms, in triplicate, shall be obtained from the Construction Code Official and filled out by the owner or his or her authorized agent. Such forms shall be filed with the Construction Code Official, and each copy shall be accompanied by a plat prepared by a land surveyor licensed in the State of New Jersey, embossed with his seal and drawn to scale, showing the dimensions, radius and angles of the lot to be built upon and the exact size and location of the building in its or their exact relation to the lot and street lines (front lot lines). The Borough Clerk shall retain one copy and deliver one copy to the Construction Code Official and one copy to the Zoning Officer. Where the average front yard depth of the existing buildings does not comply with the district regulations, then the existing buildings in the same block front within 200 feet on either side of the side lot lines of the premises of the applicant shall be shown. One application, with accompanying plot plan, shall be returned to the owner, approved or rejected by the Zoning Officer, within 10 days after the date of application.

§ 162-206 Certificate of compliance required.

A. No building or structure hereafter erected, constructed or altered for other than a one-family dwelling, but not to include the making of minor alterations, the costs of which do not exceed $100, shall be occupied or used in whole or in part until a compliance certificate has been issued. Such a certificate shall be applied for coincident with the application for a building permit and shall be issued by the Zoning Officer within five days after notification of completion of the erection or alteration of the building or portion thereof has been completed in conformity with the provisions of this Part 4 and the Building Code.

B. No occupancy of vacant land or change of use of any building or portion thereof shall hereafter be made until a compliance certificate has been issued by the Zoning Officer within 10 days after the date of application, provided that the proposed use is in conformity with the provisions of this Part 4 and the Building Code.

§ 162-207 Building permits.

No building permits shall be issued by the Construction Code Official until such applications and permits required under this Part 4 have been granted.

§ 162-208 Certificates of occupancy.

[Amended 3-13-1991 by Ord. No. 91:02; 12-13-2000 by Ord. No. 2000:17]

A. It shall be unlawful to use or permit the use of any building, structure or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged wholly or partly in its use or structure or changed in ownership until a certificate permitting the occupancy thereof shall have been applied for and issued therefor by the Zoning Officer and/or Housing Officer. Such certificate shall show that such building, structure or premises or part thereof is in conformity with the provisions of this Part 4 and all other ordinances of the Borough pertaining to buildings or a determination of the Board of Adjustment.

B. A certificate of occupancy where new construction or change in ownership is involved share bear the approval of various departments of Borough government.

(1) These approvals shall be indicated by signatures of the Construction Code Official, Fire Inspector, Zoning Officer, Plumbing Inspector and Health Officer.

(2) In the case of changes of ownership, any installations, alterations or corrections required prior to issuance of a certificate of occupancy shall be paid for by the seller, unless the seller and buyer agree, in writing, to the contrary.

(3) The owner, seller or transferor shall be responsible for making application for a certificate of occupancy. The seller shall be liable for penalties, a called for under § 162-210 of this Part 4, if he fails to file an application for a certificate of occupancy when one is required.

C. Certificates of occupancy for tented buildings, structures and units thereof shall be subject to the provisions of Chapter 97, Certificates of Occupancy, of the Code of the Borough of Somerdale.

D. All applications for certificates of occupancy shall be received by the Zoning Officer and/or Housing Officer and shall be granted or denied by the Zoning Officer and/or Housing Officer within 10 days of receipt of such written application.

E. The Zoning Officer and/or Housing Officer shall be responsible to carry out all necessary liaison with other municipal officials whose inspection and approval is required for the issuance of a certificate of occupancy.

F. A certificate of occupancy shall not be required where the cost or value of new construction is less than $1,500.

G. Upon application for a certificate of occupancy, each applicant shall pay a fee as set forth in the current Fee Ordinance.

H. Appeals to the Planning Board, in lieu of the Zoning Board of Adjustment, may be taken by any person aggrieved or by an officer, department, board or bureau of this Borough affected by any decision of the Zoning Officer and/or Housing Officer. An appeal shall be taken within 20 days by filing with the Zoning Officer and/or Housing Officer and with the Planning Board Zoning a notice of appeal specifying the grounds thereof. The appeal shall be accompanied by a filing fee as set forth in the current Fee Ordinance. The Zoning Officer and/or Housing Officer shall forthwith transmit to the Board all the papers constituting the record from which the action appealed was taken.

I. A certificate of occupancy, either for the whole or part of a building, shall be applied for at the same time as the application for a building permit is made and shall be issued immediately after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Part 4.

J. In the case that the Zoning Officer and/or Housing Officer shall decline to issue a certificate of occupancy, his reasons for doing so shall be so stated on one copy of the application, and that copy shall be returned to the applicant.

K. Upon written request from an owner or tenant, the Zoning Officer and/or Housing Officer shall issue a certificate of occupancy for any building or use of land existing at the time of enactment of this Part 4, certifying, after inspection, the extent and kind of use made of the building and whether such use conforms to the provisions of this Part 4.

L. A record of all certificates of occupancy shall be kept on file by the Zoning Officer and/or Housing Officer, and copies shall be furnished to any person having a property or tenancy interest in the building in question. A monthly report of the certificates of occupancy issued shall be filed with the Tax Assessor.

M. The Zoning Officer and/or Housing Officer may issue a temporary certificate of occupancy for a use of land or building or a part of a building which is related to the development of the property for its permitted use. Such permits may be issued for a six-month period, and no more than one six-month extension may be granted.

§ 162-209 Fees.

Fees shall be as set forth in the current Fee Ordinance.[1]

[1] Editor's Note: See Ch. 131, Fees.

§ 162-210 Violations and penalties.

A. For any and every violation of the provisions of this Part 4, the owner, contractor or other persons interested, as lessee, tenant, architect, agent, servant, employee, officer or otherwise, in any building or premises where said violation has been committed or shall exist shall, for each and every violation, upon conviction thereof, be subject to any combination of the following:

(1) A fine of not less than $100 nor more than $1,000.

(2) A term of imprisonment not exceeding 90 days.

(3) A period of community service not exceeding 90 days.

B. A separate offense shall be deemed to be committed on each day during or on which a violation occurs or continues.