This Part 3 is enacted in accordance with the Master Plan of
the Borough of Kenilworth, as amended, and is enacted for the following
purposes:
A. To guide the appropriate use and development of land in a manner
which will promote the public health, safety, morals and general welfare.
B. To secure safety from fire, flood, panic and other natural and man-made
disasters.
C. To provide adequate light, air and open space.
D. To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons
and neighborhoods and preservation of the environment.
E. To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight.
F. To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
G. To protect and preserve the unique character, identity and historic
heritage of historical districts and historical sites.
H. To comport with such other purposes as set forth in N.J.S.A. 40:55D-2.
No land or premises shall be used and no building or structure
shall be erected, raised, moved, extended, enlarged, altered or used
for any purpose other than a purpose permitted herein for the zone
district in which it is located, and all construction shall be in
conformity with the regulations provided for the zone in which such
building or premises is located.
In the construction of this chapter, the usage of words shall
be as follows, unless the context, other provisions of this chapter,
the application of law, or plain sense indicate otherwise:
A. The present tense shall include the future tense;
B. The singular number or word shall include the plural, and the plural,
the singular;
C. The word "shall" indicates a mandatory requirement, and the term
"may" indicates a permissive action; and
D. The word "used" includes the words "arranged, designed or intended
to be used."
The following statutes, with their citations, are referenced
in this chapter:
A. Child Care Center Licensing Act, N.J.S.A. 30:5B-1 et seq.
B. Clean Air Act, 42 U.S.C. § 7401 et seq.
C. Code of Criminal Justice, N.J.S.A. 2C:34-6.
D. Community Affairs, N.J.A.C. 5:21.
E. Conservation and Development, Solid Waste Management, N.J.S.A. 13:1E-99.13a
et seq.
F. Cooperatives, N.J.S.A. 46:8D-1 et seq.
G. County and Municipal Investigation Law, N.J.S.A. 2A:67A-1 et seq.
H. County Planning Act, N.J.S.A. 40:27-1 et seq.
I. Environmental Protection, N.J.A.C. 7:7A et seq., and 7:27-1.1 et
seq.
J. Family Day Care Provider Registration Act, N.J.S.A. 30:5B-16 et seq.
K. Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq.
L. Institutions and Agencies, N.J.S.A. 30:11B-1 et seq.
M. Law and Public Safety, N.J.A.C. 13:27, 13:40 and 13:41.
N. Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
O. Map Filing Law, N.J.S.A. 46:26B-1 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
P. Municipal and Counties Local Bond Law, N.J.S.A. 40A:2-22.
Q. Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
R. Motor Vehicle and Traffic Laws, N.J.S.A. 39:1-1 et seq.
S. Open Public Meetings Law, N.J.S.A. 10:4-6 et seq.
T. Penalty Enforcement Law, N.J.S.A. 2A:58-10 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
U. Pollution Control Law, N.J.S.A. 26:2C-1 et seq.
V. Property and Public Records, N.J.S.A. 46:8B-1 et seq.
W. Public Utility Commissions, N.J.S.A. 48:2-13 et seq.
X. Radiation Protection Act, N.J.S.A. 26:2D-1 et seq., and N.J.A.C.
7:28-1.1 et seq.
Y. Residential Site Improvement Standards, N.J.A.C. 5:21 et seq.
Z. Soil Conservation, N.J.S.A. 4:24-18 et seq.
AA. Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
BB. Tax Sale Law, N.J.S.A. 54:5-14 et seq.
CC. Uniform Construction Code, N.J.A.C. 5:23 et seq.
DD. Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq.
EE. Water and Water Supply, N.J.S.A. 58:1A-1 et seq.
[Added 9-23-2020 by Ord.
No. 2020-08]
A. Enforcement. The provisions of this chapter shall be administered
and enforced by the Zoning Officer of the Borough and such other officers
as may from time to time be designated by the Mayor and Council. The
police officers of the Borough shall bring to the attention of the
Zoning Officer any violations. In no case shall a permit be granted
for the construction, alteration, repair, remodeling, conversion,
removal or destruction of any building which would be in violation
of any provision in this chapter. It shall be the duty of the Zoning
Officer or their duly authorized assistants to cause any building,
plans or permits to be inspected and examined and to order in writing
the remedying of any conditions found to exist in violation of any
provisions of this chapter, and they shall have the right to enter
any building or premises during the daytime in the course of their
duties.
B. Records.
(1)
It shall be the duty of the Zoning Officer to keep a record
of all applications for building permits, a record of all permits
issued, and a record of all certificates of occupancy, together with
a notation of all special conditions involved. They shall file and
safely keep copies of all plans submitted and the same shall form
a part of the records of their office and shall be available for the
use of the Borough Council or of other officials of the Borough of
Kenilworth.
(2)
The Zoning Officer shall prepare a monthly report for the governing
body summarizing for the period since his last previous report all
building permits and certificates issued by him and all complaints
of violations and the action taken by him consequent thereto. A copy
of each such report shall be filed with the Borough Clerk at the time
it is filed with the Borough Council.
C. Certificates and permits.
(1)
Temporary use permits. It is recognized that it may be in accordance
with this chapter to permit temporary activities for a limited period
of time, which activities may be prohibited by other provisions of
this chapter. If such uses are of such a nature and so located that
at the time of petition they will in no way exert a detrimental effect
upon the uses of the land and activities normally permitted in the
zone or they contribute materially to the welfare of the Borough,
particularly in a state of emergency under conditions peculiar to
the time and place involved, the Planning Board may, subject to all
regulations for the issuance of building permits elsewhere specified,
direct the Zoning Officer to 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.
D. Violations and penalties.
(1)
If, before a final approval of a subdivision has been obtained,
any person who transfers or sells or agrees to sell, as owner or agent,
any land which forms a part of a subdivision on which by this chapter
the approving authority is required to act, such person shall be subject
to a fine not to exceed $1,000, and each parcel, plat or lot so disposed
of shall be deemed a separate violation.
(a)
Any owner or agent, any person or corporation who shall violate
any other provision of this chapter or fail to comply therewith or
with any of the requirements thereof, and who shall erect, structurally
alter, enlarge, rebuild or move any building or buildings or any structure,
or who shall put into use in violation of any detailed statement or
plan submitted and approved hereunder, or who shall refuse reasonable
opportunity to inspect any premises, shall be subject to the following:
a fine not exceeding $2,000; imprisonment for a period of not to exceed
90 days; a period of community service of not to exceed 90 days. Each
and every day such violation continues shall be deemed a separate
and distinct violation.
(b)
The owner of any building or structure, lot or land, or part thereof where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall each be guilty of a separate offense, and upon conviction therefor shall be liable to the penalties specified in Subsection
D(1)(a) above.
(c)
In addition to the foregoing, such other remedies set forth
in N.J.S.A. 40:55D-55 shall be available to the municipality.
(2)
Any individual, corporation, company, association, society, firm, partnership or other entity who shall violate any term, condition or restriction contained in any easement, or any legal restriction upon real property which shall have been created in accordance with or pursuant to any provision of this chapter shall, upon conviction, be liable for the penalties provided above in Subsection
D(1), or required to implement a restoration plan prepared by the Planning Board, or collectively to the fine, restoration and imprisonment.
(a)
The owner of any building or structure, lot or land, or part
thereof, where anything in violation of this chapter shall be placed
or shall exist, and any architect, builder, contractor, agent, person
or corporation employed in connection therewith and who may have assisted
in the commission of any such violation, shall each be guilty of a
separate offense, and upon conviction therefor shall be liable to
a fine or imprisonment or both hereinbefore specified.
(b)
In addition to the foregoing, such other remedies set forth
in N.J.S.A. 40:55D-55 shall be available to the Borough.