[Added 3-10-2009 by Ord.
No. 2009-4]
A.
Purpose. The basic purpose of a zoning permit is to assure that the
proposed use, construction or alteration will be in accordance with
the provisions of the municipal ordinances. The zoning permit considers
the location and use of the building based on the requirements of
the Land Development Ordinance and certifies that such location and
use is:
B.
After the filing of a complete application for a zoning permit, the
Zoning Officer shall determine whether the proposed use is permitted
or not and whether a development application is required to be submitted
to the Planning Board or Zoning Board of Adjustment.
C.
A zoning permit application for a use not specifically listed as
permitted in a particular zone district shall be denied unless a use
variance has been granted by the Zoning Board. The Zoning Officer
shall specify in writing what sections of the ordinance are involved
and what approvals and/or variances would be required before a zoning
permit could be issued.
D.
Permit Required. The issuance of a zoning permit shall be required
prior to the commencement of:
1.
Any use, change of use or extension of a nonconforming use of
lands and premises;
2.
The construction, reconstruction, alteration, or installation
of a structure or building, or any part thereof;
3.
The removal or destruction of any building or structure;
4.
Any and all changes to structures and properties in the Historic
Village District; or
5.
ADA-compliant accessibility improvements (see zoning permit
exemptions).
E.
Permit Not Required. A zoning permit shall not be required for internal
or external repairs or replacement of exterior features, including:
1.
Siding installation, replacement, or repair;
2.
Roofing replacement or repair;
3.
Window replacement or repair;
4.
Door replacement or repair;
5.
Step replacement or repair;
6.
Septic system repair;
7.
Service upgrades, replacement or repair of meter sockets, and
panels; or
8.
Internal renovation where the building use remains unchanged,
not including new offices and apartments, in-law suites, finished
basements, and similar uses.
F.
Exemptions for ADA Accessibility.
1.
No zoning permit fee shall be required for the construction,
reconstruction, alteration, improvement or repair of a structure used
for the sole purpose of promoting accessibility by the disabled as
defined under N.J.S.A. 52:27D-126e.
2.
Upon application for and at the discretion of the Zoning Officer,
the construction, reconstruction, alteration, improvement and/or repair
or installation of ramps, lifts, etc., associated with the accessibility
of disabled persons may be permitted to infringe upon setback requirements
as allowed in § 604.E.1.
G.
Prior Approval for Construction Permit. The issuance of a zoning
permit shall be required prior to the issuance of a construction permit
by the Construction Code Official for the construction, alteration,
remodeling, removal or destruction of any building, structure or portion
thereof.
H.
Relationship to Construction Permits. Nothing herein shall be construed
to obviate the requirement for applying for and obtaining any required
construction permit.
I.
Application for Zoning Permit.
1.
Applications for a zoning permit shall be on the forms provided
by the Township and submitted to the Zoning Officer together with
the required fee (§ 900).
2.
Applications shall contain a statement by the applicant of all
existing and proposed uses of the lot and premises and such other
information as may be requested by the Zoning Officer reasonably necessary
for said official to ascertain whether the proposed use, change of
use, construction or alteration complies with the provisions of this
ordinance.
3.
The applicant shall certify as to the truth of the information
submitted in the application and accompanying documents. Any willful
misstatements shall be considered a violation of this provision and
subject the offender to the penalties provided herein (§ 1004).
4.
Applications shall be submitted to the Zoning Officer in triplicate.
Upon receipt, the Zoning Officer shall date each copy and provide
two copies to the applicant, one of which the applicant shall provide
to the Construction Official.
5.
An application for a zoning permit shall be granted or denied
by the Zoning Officer within 10 business days of the date of filing
a complete application.
J.
Issuance of a Zoning Permit.
1.
If any application is granted or approved, a written permit
shall be issued by the Zoning Officer. The zoning permit may contain
applicable information, such as but not limited to the following:
a.
Application number.
b.
Permit number.
c.
Issue date.
d.
Zoning Officer signature.
e.
Block and lot number.
f.
Zone (and applicable ordinance sections).
g.
Work site address.
h.
Owner name, address and contact details.
i.
A brief description of the use and/or work to be commenced or
performed.
j.
Notice of the date of expiration of the permit.
2.
If an application for permit is rejected or denied by the Zoning
Officer, the Zoning Officer shall state the reason(s) for such denial
in writing. Copies of the letter rejecting or denying the application
shall be provided to the applicant and appropriate municipal supervisor.
3.
No zoning permit shall be issued in instances wherein a subdivision
or site plan approval is required unless and until the applicant has
secured a minor, final subdivision or site plan approval and has complied
with all the terms and conditions of such approval and terms and provisions
of the applicable development regulation, including payment of required
fees, escrow deposits and posting of performance guarantees.
4.
No zoning permit shall be issued for any use, change of use,
extension of nonconforming use, erection, repair, remodeling, conversion,
removal, destruction, replacement, relocation, construction, alteration
or moving of a building or structure for which an approval has been
granted by an approving authority if said approval has expired, been
revoked or was determined to be invalid.
5.
No zoning permit shall be issued unless the applicant has obtained
and submitted a certification from the Tax Collector that no taxes
or assessments for local improvements are due or delinquent on the
property for which any application is made. However, a zoning permit
may issue for a tenant change-in-use as a one-time exemption. Such
exemption may only be granted to the landlord/property owner on a
one-time basis.
[Added 4-3-2012 by Ord.
No. 2012-3; amended 6-16-2015 by Ord. No. 2015-11]
K.
Expiration of Zoning Permit. Any zoning permit shall be null and
void unless use or work authorized by such permit has been commenced
within one year from the date of issuance and proceeded with due diligence.
The zoning permit shall also expire upon expiration of any variance
for said use.
L.
Nonwaiver. In no case shall the issuance or nonissuance of a zoning
permit be construed as a waiver of the provision of this ordinance
or any other municipal ordinance; nor shall such be construed as a
waiver of the terms or provisions of any state statute, rule, regulation,
approval or decision of any approving agency.
[Ord. No. 1992-1 § 2]
These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Township of Medford. Any action
taken by the Township under the terms of this Land Development Ordinance
shall give primary consideration to the above mentioned matters and
to the welfare of the entire municipality.
[Ord. No. 1992-1 § 2]
It shall be the duty of the Township Engineer, the Township
Construction Official and the Township Zoning Officer to administer
and enforce the provisions of this ordinance.
A.
Township Engineer.
1.
It shall be the duty of the Township Engineer to monitor all land
disturbances and all land improvements undertaken in the Township
pursuant to approval of a subdivision and/or site plan in accordance
with the applicable provisions of this ordinance.
2.
Prior to the commencement of any land disturbance or any land improvement,
the developer shall arrange for and attend a pre-construction meeting
with the Township Engineer. At said meeting, the subject subdivision
plat and/or site plan shall be identified, marked and dated by the
Township Engineer with an acknowledgement as to its conformity to
the subdivision and/or site plan approved by the Planning Board or
Zoning Board of Adjustment, as the case may be, including any conditions
of approval written in the approval resolution. Thereafter, the marked
and dated subdivision and/or site plan shall be filed in the office
of the Township Clerk.
3.
The Township Engineer shall issue a written communication to the
developer within 10 days after the pre-construction meeting, either:
a.
Authorizing the commencement of land disturbance and/or land
improvement in accordance with the approved plat or plan, including
any conditions of approval written in the approval resolution, and
in accordance with any and all limitations and/or conditions as deemed
appropriate by the Township Engineer specifically enumerated; or
b.
Denying the commencement of land disturbance and/or land improvement,
with the reasons for such denial specifically enumerated.
|
A copy of the written communication shall be immediately filed
in the office of the Township Clerk, and additional copies shall be
immediately forwarded to the Chairman of the Planning Board or to
the Chairman of the Zoning Board of Adjustment, as the case may be,
and to the Board's Attorney.
|
4.
In accordance with § 902.F of this Land Development Ordinance,
all improvements for both site plans and subdivisions shall be inspected
during the time of their installation under the supervision of the
Township Engineer. At the time of inspection, in addition to an evaluation
and determination of the sufficiency of the engineering aspects of
the improvements, the Township Engineer shall evaluate and determine
the correctness of the improvements relative to all aspects of the
approved subdivision and/or site plan. Should any improvement, whether
completed or under construction, be found by the Township Engineer
to be contrary to the subdivision and/or site plan as approved by
the Planning Board or Zoning Board of Adjustment, including any imposed
conditions, such fact shall immediately be orally communicated to
the developer or his/her appropriate representative on-site and, thereafter,
shall be communicated by the Township Engineer in writing to the developer
or his/her attorney.
A copy of the written communication shall be immediately filed
in the office of the Township Clerk, and additional copies shall be
immediately forwarded to the Chairman of the Planning Board or to
the Chairman of the Zoning Board of Adjustment, as the case may be,
and to the Board's Attorney.
5.
On the day following the oral communication to the developer or his/her
representative, the improvement found by the Township Engineer to
be contrary to the subdivision and/or site plan shall be corrected
so as to conform to the approved subdivision and/or site plan, or
the Township Engineer shall:
a.
Issue a 'stop work' order pending the correction of said improvement
or the resolution of any dispute; and/or
b.
Refer the matter via a written communication to the Planning
Board or Zoning Board of Adjustment, as the case may be, for its review
of the matter and reconsideration of its prior approval(s).
6.
The developer immediately shall comply with any issued 'stop work'
order and/or any other conditions imposed by the Township Engineer;
otherwise the Township Engineer shall communicate in writing within
two working days the particulars of the developer's non-compliance
to the Attorney of the Planning Board or to the Attorney of the Zoning
Board of Adjustment, as the case may be.
B.
Construction Official.
1.
It shall be the duty of the Construction Official to monitor the
construction of any building or structure in the Township. No new
structure and no improvement to the interior of any existing structure
shall be undertaken until a construction permit is obtained from the
Construction Official in accordance with N.J.A.C. 5:23-2.14 and § 1002.D
of this ordinance.
2.
It shall be the duty of the Construction Official in accordance with
N.J.A.C. 5:23-4.5 to keep a record of all applications and all construction
permits which are either issued or denied, with notations of any conditions
involved, including the actual elevation (NGVD) of the lowest floor
area of any structure and/or the elevation to which a structure has
been flood-proofed in floodplain areas, which data shall form a part
of the Township public records. A monthly report of construction permits
shall be filed with the Township Manager and continuous reports of
construction permits shall be filed with the Tax Assessor.
3.
Should any construction, whether completed or in process, be found
by the Construction Official to be contrary to the approved construction
plans and/or the Uniform Construction Code of the State of New Jersey,
such fact shall immediately be noticed to the landowner or his/her
appropriate representative on-site. The Construction Official shall
issue in writing to the landowner or his/her attorney a notice of
violation and orders to terminate, directing the discontinuance of
the illegal action or condition and the correction of the violation
pursuant to N.J.A.C. 5:23-2.30.
4.
The construction improvement found by the Construction Officer to
be contrary to the approved construction plans and/or the Uniform
Construction Code shall be corrected so as to conform to the applicable
construction requirements, or the Construction Official shall, pursuant
to N.J.A.C. 5:23-2.31:
5.
The landowner immediately shall comply with any issued 'stop construction'
order and/or any other conditions imposed by the Construction Official;
otherwise the Construction Official may communicate in writing the
particulars of the landowner's non-compliance to the Township Attorney
pursuant to N.J.A.C. 5:23-2.31.
C.
Zoning Officer.
1.
It shall be the duty of the Zoning Officer to inspect the uses, land
and structures in the Township and order the owner in writing to remedy
any condition found to exist in violation of any provision of this
ordinance and/or any approved subdivision and/or site plan by the
Planning Board or Zoning Board of Adjustment, as the case may be,
including any conditions of approval written in the approval resolution;
no structure or land shall be used in violation of this ordinance
and/or any approved subdivision and/or site plan.
2.
Should any use, land or structure be found by the Zoning Officer
to exist in violation of any provision of this ordinance and/or any
approved subdivision and/or site plan, such fact shall immediately
be orally communicated to the landowner or his/her appropriate representative
on-site and, thereafter, shall be communicated by the Zoning Officer
in writing to the landowner or his/her attorney.
A copy of the written communication shall be immediately filed
in the office of the Township Clerk, and additional copies shall be
immediately forwarded to the Township Attorney and to the Chairman
of the Planning Board or to the Chairman of the Zoning Board of Adjustment,
as the case may be, and to the Board's Attorney.
3.
On the day following the oral communication to the landowner or his/her
representative, the use, land or structure found by the Zoning Officer
to exist in violation of any provision of this ordinance and/or any
approved subdivision and/or site plan, shall be corrected so as to
conform to this ordinance and any subdivision and/or site plan approval,
or the Construction Official, at the Zoning Officer's request, may
revoke the Certificate of Occupancy and, in any case, shall notify
the Township Attorney and the Township Engineer of the violation via
a written communication.
D.
Construction Permits.
1.
Every application for a construction permit shall be accompanied
by two sets of plans drawn in ink or a blueprint showing the actual
shape and dimensions of the lot to be built upon; the exact location,
size and height of all existing and proposed structures and substructures;
all existing easements; a delineation and description of any proposed
extension(s) of public utilities; the existing or intended use of
each structure; the number of dwelling units the structure is designed
to accommodate; the number and location of off-street parking spaces
and off-street loading areas; and such other information with regard
to the lot and neighboring lots as may be necessary to determine and
provide for the enforcement of this Land Development Ordinance. Additionally,
all requirements for construction permits contained in the Uniform
Construction Code (N.J.A.C. 5:23-2.15) shall be met. All dimensions
on these plans relating to the location and size of the lot to be
built upon shall be based on an actual survey of the lot by a licensed
surveyor in the State of New Jersey.
2.
The fee for each construction permit shall be governed by the terms of the ordinance entitled "An Ordinance of the Township of Medford in the County of Burlington establishing a State Uniform Construction Code Enforcing Agency and A Construction Fee Schedule, pursuant to Chapter 217, Laws of New Jersey 1975 and Title 5, Chapter 23 of the New Jersey Administrative Code," including any amendments or supplements which may from time to time be adopted.
3.
A construction permit shall be granted or denied in writing within
20 working days of a complete application unless additional time is
agreed upon in writing by the applicant. One copy of such plans shall
be returned to the owner when such plans have been approved or denied
by the Construction Official together with such permit as may be granted.
4.
The lot and the location of the structure(s) thereon shall be staked
out on the grounds before construction is started and a copy of the
construction permit shall be posted conspicuously on the premises
affected whenever construction work is being performed thereon. Additionally,
all other requirements for construction permit procedures set forth
in the Uniform Construction Code at N.J.A.C. 5:23-2.16 shall be met.
5.
No construction permit shall be issued for any structure until prior
site plan, subdivision and variance approvals, as may be necessary,
have been granted by the appropriate Federal, State, County, or municipal
agency or agencies in accordance with the provisions of this ordinance
and until all review and inspection fees and all local taxes and assessments
on the property have been paid.
Additionally, any proposed extension(s) of public utilities
shall be reviewed and approved by the Township Engineer prior to the
issuance of a construction permit, and a written communication of
the results of such reviews and a statement of approval or denial
shall be provided by the Township Engineer to the Construction Official;
the application for the construction permit shall be accompanied by
an additional fee of $500 for such a review when applicable.
E.
Certificate of Occupancy.
1.
It shall be unlawful to use or permit the use of any structure or
part(s) thereof until a Certificate of Occupancy shall have been issued
by the Construction Official pursuant to N.J.A.C. 5:23-2.33. Any change
of use from one category of permitted use to another category of permitted
use shall require a new Certificate of Occupancy.
Additionally, any use requiring site plan approval shall require
a new Certificate of Occupancy. It shall be the duty of the Construction
Official to issue a Certificate of Occupancy only when:
a.
The structure or part(s) thereof and the proposed use conform
to this ordinance and all other applicable codes and ordinances of
the Township;
b.
Prior site plan, subdivision and variance approvals, as may
be necessary, have been granted by the appropriate municipal agency
or municipal agencies in accordance with the provisions of this ordinance;
c.
All local taxes and assessments on the property have been paid;
and
d.
A letter from each utility company has been received by the
Township stating that the utility has been installed and has been
inspected in accordance with the approved plan and is ready for use.
3.
Unless additional time is agreed upon by the applicant in writing,
a Certificate of Occupancy shall be granted or denied in writing within
10 working days from the date that a written notification and a certified
location or field survey, signed and sealed by a New Jersey State
Licensed Surveyor, is filed with the Construction Official stipulating
that the erection of the structure and all required site improvements
are completed pursuant to N.J.A.C. 5:23-2.23 and 2.24.
4.
With respect to any finally approved subdivision and/or site plan
or subsection thereof, a Certificate of Occupancy shall be issued
only upon the written confirmation by the Township Engineer to the
Construction Official of the completion of the following improvements
as such improvements may be required as part of subdivision and/or
site plan approval:
a.
Curbs.
b.
All utilities.
c.
Water supply and sewerage treatment facilities, which shall
be functioning and servicing the property in question.
d.
Storm drainage facilities.
e.
Final grading of the property.
f.
Base course (in the case of subdivisions) or final course (in
the case of site plans) of the street or streets serving the property.
g.
Base course (in the case of subdivisions) or final course (in
the case of site plans) of driveways and parking areas.
h.
Landscaping.
i.
Any other improvements required as part of subdivision and/or
site plan approval.
5.
With respect to any individual residential lot within a subdivision
or any building containing townhouses or apartments, a Certificate
of Occupancy shall be issued only upon the written confirmation by
the Township Engineer to the Construction Official of the completion
of the following improvements, in addition to those listed in subsection
1002E.4 hereinabove, to the extent the same are required as part of
a subdivision and/or site plan approval:
6.
A copy of any issued Certificate of Occupancy shall be kept on file
at the premises affected and shall be shown to the Construction Official
upon request. Additionally, a copy of an issued Certificate of Occupancy
shall be provided by the Construction Official to the Assistant Secretary
of the Planning Board or to the Assistant Secretary of the Zoning
Board of Adjustment, as the case may be, for placement in the applicable
site plan or subdivision application file.
7.
Should the Construction Official decline to issue a Certificate of
Occupancy, his reason for doing so shall be stated on two copies of
the application and one copy shall be returned to the applicant.
8.
A Temporary Certificate of Occupancy may be issued for any new structure
or use for which site plan and/or subdivision approval has been granted
although not all conditions of said approval have been complied with.
Such Temporary Certificate of Occupancy shall be issued only in extenuating
circumstances and only with the concurrent written approval of the
Township Engineer, Construction Official and Zoning Officer who, together,
shall establish specific terms and conditions, including, but not
limited to, a timetable not exceeding 90 days for the installation
of the incompleted site improvements, and the receipt of a performance
guarantee assuring the installation of the improvements as indicated
on the approved plat or plan, whether or not said improvements were
included within a performance bond in accordance with § 902
of this ordinance. Any Temporary Certificate of Occupancy beyond a
ninety-day time period may only be granted by the Planning Board or
Zoning Board of Adjustment, as the case may be.
A Temporary Certificate of Occupancy may be issued by the Construction
Official for any building or structure not part of a site plan or
subdivision application pursuant to N.J.A.C. 5:23-2.23(e).
9.
A monthly report of the Certificates of Occupancy issued shall be
filed with the Tax Assessor. A record of all Certificates of Occupancy
pursuant to N.J.A.C. 5:23-4.5 shall be kept in the office of the Construction
Official and copies shall be furnished on request to any person having
a proprietary or tenancy interest in the structure or land affected.
The charge for each copy shall be established by resolution of the
Township except that there shall be no charge to a municipal agency.
10.
The following shall be prohibited until a Certificate of Occupancy
is issued by the Construction Official:
a.
Occupancy and use of a structure erected, constructed, restored,
altered or moved, when such erection, construction, restoration, alteration
or movement required a construction permit.
b.
Occupancy, use or change in use of vacant land, other than for
agricultural purposes.
c.
Any change of use from one category of permitted use to another
category of permitted use, in accordance with the applicable listings
of permitted uses in this ordinance.
d.
Any change in the use of a nonconforming use or nonconforming
structure.
[Ord. No. 1992-1 § 2]
A prospective purchaser, prospective mortgagee or any other
person interested in any land in the Township which has been part
of a subdivision since July 14, 1973 may apply in writing to the Administrative
Officer for the issuance of a certificate certifying whether or not
such subdivision has been duly approved by the Planning Board.
A.
Such application shall contain a diagram showing the location and
dimension of the land to be covered by the certificate and the name
of the owner thereof. A fee in accordance with § 901 of
this ordinance shall be paid to the Administrative Officer, on behalf
of the Township, for the requested certificate.
B.
The Administrative Officer shall make and issue such certificate
within 15 days after receipt of the written application and accompanying
fee. The Administrative Officer shall keep a duplicate copy of each
certificate, consecutively numbered, including a statement of the
fee received, in a binder as a permanent record in his or her office.
C.
Each certificate shall be designated a "Certificate as to Approval
of Subdivision of Land" and shall certify:
1.
Whether there exists a duly established Planning Board and whether
there is a duly adopted ordinance controlling the subdivision of land;
2.
Whether the subdivision, as it relates to the land shown in the application,
has been approved by the Planning Board and, if so, the date of such
approval, any conditions attached to such approval and any extensions
and terms thereof showing that the subdivision, of which the subject
lands are a part, is a validly existing subdivision; and
3.
Whether such subdivision, if the same has not been approved, is statutorily
exempt from the requirements of approval as provided in N.J.S.A.40:55D-1
et seq. and as defined in this ordinance.
[Ord. No. 1992-1 § 2]
A.
Fines.
1.
Any violation of any provision of this ordinance shall be punished
by a fine not to exceed $1,000 for the first offense and/or imprisonment
for a term not exceeding 30 days, and a fine of $1,000 for each subsequent
offense imprisonment for a term not exceeding 60 days.
[Amended 3-10-2009 by Ord. No. 2009-4]
2.
Each day that a violation continues shall constitute a separate offense.
3.
The imposition of penalties herein shall not preclude the Township
or any other person from instituting an action to prevent an unlawful
construction, reconstruction, alteration, repair, conversion, or use
or to restrain, correct or abate a violation, or to prevent the illegal
occupancy of a building, land or premises.
B.
Injunctive Relief. In addition to the foregoing, the Township may
institute and maintain a civil action for injunctive relief.
[Ord. No. 1992-1 § 2]
A.
If before final subdivision has been granted, any person, as owner
or agent, transfers or sells or agrees to transfer or sell any land
which forms a part of a subdivision for which municipal approval is
required in accordance with the provisions of this ordinance, except
pursuant to an agreement expressly conditioned on final subdivision
approval, such person shall be subject to a penalty not to exceed
$1,000, and each lot disposition so made may be deemed a separate
violation.
