[Amended 12-18-2018 by Ord. No. 1770]
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 City. Any action taken by the City
under the terms of this chapter shall give primary consideration to
the abovementioned matters and to the welfare of the entire community.
The Planning Board, when acting upon applications for preliminary or minor subdivision approval or upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for such subdivision or site plan approval as specified in Articles V and VIII of this chapter if an applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of said requirements is impracticable or will exact undue hardship; however, any exception granted by the Planning Board must be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter. The Zoning Board of Adjustment shall have the power to grant such exceptions when acting upon applications for preliminary or minor subdivision approval or for preliminary site plan approval in connection with applications for a use or "d" variance.
It shall be the duty of the City Engineer, the City Construction
Official and the City Zoning Officer to administer and enforce the
provisions of this chapter.
A.
City Engineer.
(1)
It shall be the duty of the City Engineer to monitor all land disturbances
and all land improvements undertaken in the City pursuant to approval
of a subdivision and/or site plan in accordance with the applicable
provisions of this chapter.
(2)
Prior to the commencement of any land disturbance or any land improvement,
the developer shall arrange for and attend a preconstruction meeting
with the City Engineer. At said meeting, the subject subdivision plat
and/or site plan shall be identified, marked and dated by the City
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 City
Clerk.
(3)
Written communication.
(a)
The City Engineer shall issue a written communication to the
developer within 10 days after the preconstruction meeting, either:
[1]
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 City Engineer specifically enumerated; or
[2]
Denying the commencement of land disturbance and/or land improvement,
with the reasons for such denial specifically enumerated.
(b)
A copy of the written communication shall be immediately filed
in the office of the City 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 § 276-68F 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 City Engineer. At the time of inspection, in addition to an evaluation and determination of the sufficiency of the engineering aspects of the improvements, the City 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 City 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 City 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 City 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 City 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 City 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 City Engineer; otherwise,
the City Engineer shall communicate in writing within two working
days the particulars of the developer's noncompliance 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 City. 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.
(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 floodproofed in floodplain areas, which data shall form a part
of the City public records. A monthly report of construction permits
shall be filed with the Tax Assessor and the City Council.
(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. A copy of the written communication
shall be immediately filed in the office of the City Clerk, and additional
copies shall be immediately forwarded to the Mayor and to the City
Attorney.
(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-work
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 noncompliance to the City 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 City and order the owner in writing to remedy
any condition found to exist in violation of any provision of this
chapter 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 chapter and/or
any approved subdivision and/or site plan. For the purposes of this
inspection, the Zoning Officer shall have the right to enter any building
or premises during reasonable hours subject to due process of law.
(2)
Should any use, land or structure be found by the Zoning Officer
to exist in violation of any provision of this chapter 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, indicating that the
owner must contact the Zoning Officer within 15 days after service
of written notice to propose a plan to remedy the violation. A copy
of the written communication shall be immediately filed in the office
of the City Clerk, and additional copies shall be immediately forwarded
to the City 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)
In the event that an owner cited for violations of this chapter fails
to propose a remedial plan within 15 days, or in the event that such
plan is deemed unacceptable to the Zoning Officer, said Zoning Officer
shall so inform the City Clerk and City Attorney. The City Attorney
shall advise the City Clerk and Zoning Officer of the legal options
available to facilitate remedial action in each individual case.
D.
Construction permits. Construction permits shall be required as provided
by the State Uniform Construction Code, its subcodes, and regulations
promulgated pursuant thereto. Fees for construction permits shall
be in accordance with the applicable ordinances of the City.
E.
Zoning inspections and permits. Zoning inspections and fees shall be required for the installation or replacement of sidewalks, curb cuts, driveways, and any other construction work outside the jurisdiction of the Uniform Construction Code. Fees for zoning permits and inspections shall be in accordance with § 276-67.
F.
Certificate of occupancy.
(1)
Upon the completion of any building, structure or alteration in compliance
with this chapter and any other ordinance, rule or regulation, the
owner or his agent shall apply to the Construction Official, in writing,
for the issuance of a certificate of occupancy for said structure,
building or alteration pursuant to the provisions of this section,
but only when:
(a)
The structure or part(s) thereof and the proposed use conform
to this chapter and all other applicable codes and ordinances of the
City;
(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 chapter;
(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
City stating that the utility has been inspected in accordance with
the approved plan and is ready for use.
(2)
Every application for a certificate of occupancy shall be accompanied
by payment of the fee in accordance with the applicable ordinances
of the City.
(3)
The Construction Official shall issue a certificate of occupancy
to the owner of every structure, building or alteration entitled to
same within the time and according to the procedures set forth in
the New Jersey State Uniform Construction Code and in this chapter.
(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 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)
Rough grading of the property.
(f)
Base course of the street or streets serving the property.
(g)
Base course of driveways and parking areas.
(h)
Submission of all required as-built plans.
(5)
With respect to any individual residential lot within a subdivision, a certificate of occupancy shall be issued only upon the completion of the following improvements, in addition to those listed in Subsection F(4) hereinabove, to the extent the same are required as part of the subdivision 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.
(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 a new structure
or use for which site 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 approval of the Construction Official, who shall establish
specific terms and conditions, including, but not limited to, a time
limit for the installation of the incompleted improvements and the
receipt of an appropriate performance guarantee assuring the installation
of the improvements as indicated on the approved plat or plan.
(9)
A monthly report of the certificates of occupancy issued shall be
filed with the Tax Assessor. A record of all certificates of occupancy
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 City Council,
except that there shall be no charge to a municipal agency.
(10)
The following shall be unlawful until a certificate of occupancy
is issued by the Construction Official:
(a)
Occupancy and use of a building erected, constructed, restored,
altered, or moved, or any changes in use of an existing building.
(b)
Occupancy, use or change in use of vacant land.
(c)
Any change in the use of a nonconforming use.
(d)
Occupancy and use of any enlargement to an existing structure.
A.
A prospective purchaser, prospective mortgagee or any other person
interested in any land in the City which has been part of a subdivision
in effect as of 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.
B.
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 $15 fee shall be paid to the Administrative
Officer, on behalf of the City, for the requested certificate.
C.
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.
D.
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 chapter.
A.
Violations. In case any building or structure is erected, constructed,
reconstructed, altered, moved or converted, or any building, structure
or land is used in violation of, or contrary to, the provisions of
this chapter, or any building, structure or land is used in violation
of, or contrary to, any approved site plan and/or subdivision plat,
including any conditions made thereto, the City may institute an action
to enjoin or any other appropriate action or proceeding to prevent
such erection, construction, reconstruction, alteration, conversion
or use. However, nothing in this chapter shall be construed to restrict
the right of any party to obtain a review by any court of competent
jurisdiction according to law.
B.
Penalties.
(1)
Fines. Any violation hereunder shall be considered an offense punishable
by a fine not to exceed $1,250 for each offense or imprisonment for
a term not exceeding 90 days, or both. The following rules shall apply
in determining responsibility for violations and penalties:
(a)
The owner, general agent, contractor or occupant of a building,
premises or part thereof where such a violation has been committed
or does exist shall be guilty of such an offense.
(b)
Any agent, contractor, architect, engineer, builder, corporation
or other person who commits, takes part or assists in such violation
shall be guilty of such offense.
(c)
Each day that a violation continues after notification that
it exists shall constitute a separate offense.
(d)
The imposition of penalties herein shall not preclude the City
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.
(2)
Selling land before final subdivision approval.
(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 chapter, 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.
