A.
The provisions
of this chapter shall be administered and enforced by the Zoning Officer,
Police Department, or Code Enforcement Official of the Borough. In
no case shall a permit be granted for the construction, alteration
or use of any building where the proposed construction, alteration
or use thereof would be in violation of any provision of this chapter.
It shall be the duty of the Zoning Officer or his duly authorized
assistant to cause any building, plans or premises to be inspected
or examined and to order in writing the remedying of any conditions
found to exist in violation of any provision of this chapter.
[Amended 7-15-2019 by Ord. No. 2148]
B.
Zoning
violations. Each of the following types, categories or classes of
cases may be prosecuted by the Borough Prosecutor or the Borough Attorney
in the Borough of South Plainfield Municipal Court by the filing therewith
of a summons by the Zoning Officer or Engineer of the Borough or his
designee:
[Added 9-20-2010 by Ord.
No. 1901]
(1)
Violation
of any site plan or subdivision approval granted by either the South
Plainfield Borough Zoning Board of Adjustment ("Zoning Board") or
the South Plainfield Borough Planning Board ("Planning Board"), including
the failure or refusal to comply with any details set forth in the
approved plans or any condition or conditions of approval as set forth
in the approving Board’s resolution;
(2)
Violation
of any "D" variance approval granted by the Zoning Board;
(3)
Violation
of any "C" variance granted by the Zoning Board or Planning Board;
(4)
Violation
of any easement granted to or running in favor of the Borough of South
Plainfield or to any other municipal entity, body or board;
(5)
Violation
of any court order (including a consent order) issued by a judge of
any court of competent jurisdiction relative to any land use or land
development case or controversy;
(6)
Violation
of any zoning agreement entered into between the Borough and any property
owner;
(7)
Violation
of any agreement between the Borough and a named defendant which was
entered into to resolve a Municipal Court zoning case; or
(8)
Violation
of any requirement of the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., relative to any land within the Borough of South Plainfield.
Zoning permits shall hereafter be requested 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 plat 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.
It shall be unlawful to use or permit the use of any building
or premises or part thereof hereafter created, located, erected, changed
in use or ownership, converted or enlarged wholly or partly until
a certificate of occupancy has been issued for that premises certifying
that the structure or use complies with the provisions of this chapter.
Such certificates of occupancy shall be granted or denied within 10
days from the date that a written application is filed with the Zoning
Officer and Construction Official.
A.
It shall be the duty of the Zoning Officer to keep a record of all
applications for permits and a record of all permits issued with a
notation of all special conditions involved. He shall file and safely
keep copies of all plans submitted, and the same shall form a part
of the records of his office and shall be available for the use of
the Mayor and Borough Council and of other officials of the Borough,
county or state.
B.
The Zoning Officer shall prepare a monthly report for the Borough
Council summarizing, for the period since his last previous report,
all zoning permits and certificates issued by him and all complaints
of violations and the action taken by him consequent thereon. A copy
of each report shall be filed with the Borough Tax Assessor at the
same time it is filed with the Borough Council.
A.
Temporary use permits. It is recognized that it may be in accordance
with the purposes of this chapter to permit temporary activities for
a limited period of time, which uses may be prohibited by the provisions
of this chapter. If such cases are of such a nature and are so located
that, at the time of the petition, they will in no way exert a detrimental
effect upon the uses of land and activities normally permitted in
the zone and will contribute materially to the welfare of the Borough,
particularly in a state of emergency, under conditions peculiar to
the time and place involved, then the Zoning Board may, by resolution
after written application therefor, subject to all regulations for
the issuance of special permits elsewhere specified, issue a permit
for a period not to exceed six months. Such period may be extended
not more than once for an additional period of six months.
B.
Conditional use permits.
(1)
An application for any conditional use permit specified in this chapter
shall be made to the Planning Board. After a hearing, the Planning
Board may instruct the Zoning Officer that a permit be granted, if
in its judgment any one of such cases complies with the conditions
and standards hereinabove set forth and if it will not be detrimental
to the health, safety and general welfare of the Borough and is deemed
necessary for its convenience.
(2)
In approving any such application, the Planning Board may impose any conditions that it deems necessary to accomplish the reasonable application of applicable standards as provided in the appropriate sections of this chapter and Chapter 515, Development Review, of this Code and may deny any such application, but only in accordance with said standards.[1]
[1]
Editor's Note: The following original sections, which immediately followed this section, have been superseded as indicated: § 1206, Collection, maintenance and expenditure of development fees, added by Ord. No. 1446 and amended by Ord. No. 1719, was superseded by Ord. No. 1856; § 1207, Uniform affordable housing productions based upon growth share, added by Ord. No. 1720, was superseded by Ord. Nos. 1726 and 1867; and § 1208, General affordable housing provisions, added by Ord. No. 1726, was superseded by Ord. No. 1867. For current provisions see Ch. 504, Affordable Housing, Arts. I and III. Original § 1209, Municipal Housing Liaison, added by Ord. No. 1730, is now included as Ch. 504, Article II.
[Amended 7-17-1997 by Ord. No. 1456; 6-26-2006 by Ord. No. 1735]
A.
The owner
or agent of a building or premises where and upon which a violation
of any provision of these regulations shall have been committed or
shall exist, or the lessee or tenant of any part of the building or
premises in which such violation shall have been committed or shall
exist, or the agent, architect, building contractor or any other person
who shall commit, take part or assist in any such violation or who
shall maintain any building or premises in which any violation of
this chapter shall exist, shall for each and every violation, after
plea, trial and conviction by the Municipal Court Judge, be imprisoned
in the Middlesex County Jail for a period not exceeding 90 days or
be fined not exceeding $2,000, or both. For each and every day that
a violation is permitted or suffered to exist, a separate offense
shall be construed to have been perpetrated.
B.
N.J.S.A.
40:49-5 provides that: "Any municipality that chooses to impose a
fine in an amount greater than $1,250 upon an owner for violations
of housing or zoning codes shall provide a thirty-day period in which
the owner shall be afforded the opportunity to cure or abate the condition
and shall also be afforded an opportunity for a hearing before a court
of competent jurisdiction for an independent determination concerning
the violation. Subsequent to the expiration of the thirty-day period,
a fine greater than $1,250 may be imposed if a court has not determined
otherwise or, upon reinspection of the property, it is determined
that the abatement has not been substantially completed."[1]
The Borough of South Plainfield may from time to time amend
or change, by ordinance, the number, shape or areas of districts and
zones herein established and the regulations set forth in this chapter
in accordance with the Municipal Land Use Law.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed. However, the enactment of this chapter shall
not be construed as abating any actions now pending under or by virtue
of such ordinance or as discontinuing, abating, modifying or altering
any penalty accruing or to accrue or as affecting the liability of
any person, firm or corporation or as waiving any right of the Borough
of South Plainfield under any section or provision existing at the
time of the passage of this chapter.
Immediately upon adoption of this chapter, the Borough Clerk
shall file a copy of this chapter with the County Planning Board as
required by law.
This chapter shall take effect immediately upon final adoption
and publication as required by law. All building permits issued prior
to the effective date hereof shall be of full force and effect and
the holders thereof shall be governed by the regulations in effect
at the time of the issuance of said building permits.
No lot which conforms to the requirements of this chapter governing minimum lot width, depth or area shall be deemed or considered to be nonconforming where such nonconformity is created solely by virtue of dedication to the Borough, the county, the state or the Sewerage Authority of land for a street, avenue or road, or sewer, drainage right-of-way or other municipal purpose easement, provided that the width, depth or lot area remaining is not less than 80% of the requirements of this chapter; and provided, further, that this section shall not apply where such dedication is made pursuant to Chapter 515, Development Review, in connection with the subdivision of lands into four or more lots or in connection with the dedication of a new street.
Any variance from the terms of this chapter hereafter granted
by the Board of Adjustment permitting the erection or alteration of
any structure or structures or permitting a specified use of any premises
shall expire by limitation, unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by said variance or unless such permitted use has actually been commenced,
within one year and the construction or alteration completed within
two years from the date of publication of the notice of the judgment
or determination of the Board of Adjustment; except, however, that
the running of the period of limitation herein provided shall be tolled
from the date of filing an appeal from the decision of the Board of
Adjustment to a court of competent jurisdiction until the termination
in any manner of such appeal or proceeding.
[Added 8-16-2021 by Ord. No. 2207]
Any use not specifically permitted in the zoning district established
by this Chapter is hereby specifically prohibited from that district,
and further provided that the following uses and activities shall
be specifically prohibited in any zone in the Borough:
