No zoning permit, building permit or certificate of occupancy
shall be issued for any parcel of land or structure on which improvements
were undertaken in violation of the provisions of this chapter or
for use of a lot which was created by subdivision after the effective
date of and not in conformity with the provisions of, this chapter.
No site improvements, such as but not limited to excavation or construction
of improvements, shall be commenced except in conformance with this
chapter in accordance with plat approvals and the issuance of required
permits.
[Amended 11-6-00 by Ord. No. 2000-45 and 2000-46]
No building or structure shall be erected, restored, added to
or structurally altered until a permit for such building or structure
has been issued by the Construction Code Official. No person or entity
shall move or relocate any structure or building, whether on temporary
cribbage or permanent foundation, to or within the boundaries of Barnegat
Township without first securing all the necessary approvals and permits
including all Federal, State and local permits and approvals. No building
permit shall be issued unless the applicant shall have also secured
a development or zoning permit pursuant to this chapter and the New
Jersey Municipal Land Use Law.
A.
A certificate of occupancy, issued by the Construction Code Official,
shall be required for the use and occupancy of:
B.
A temporary certificate of occupancy may be issued by the Chief Construction
Code Official with respect to site plan approval in accordance with
the following requirements:
(1)
Upon application by a person, firm or corporation which has secured
site plan approval and upon proof of undue hardship, expense and delay
occasioned by such conditions as weather, unavailability of material
due to strikes, rationing or lack of transportation and where structures
are erected upon the site and the site has been sufficiently improved
to support limited commercial operation of the developed site other
than a site for multiple residential use, but in event when less than
seventy-five percent (75%) completed, the Township Committee may,
in its discretion, direct the Building Inspector of the township to
issue a temporary certificate of occupancy for a period not to exceed
one hundred eighty (180) days to permit the applicant to make such
limited use of the improved site as shall be set forth in a resolution
of the Township Committee. The Township Committee shall impose such
conditions as it shall determine to be necessary to be imposed upon
such limited use, including but not limited to the provision for the
imposition of penalties for failure to complete the site development
in accordance with site plan approval and the provision as to when
the applicant shall obtain final inspection and approval of the development
site. Such limited use may be permitted notwithstanding that all required
improvements may not have been installed at the time the application
is made for a temporary certificate of occupancy.
(2)
In considering an application for a temporary certificate of occupancy,
the Township Committee shall give particular regard to the nature
of the surfacing of the parking area and the number of parking spaces
available, bearing in mind the nature of the operation, the type of
customers served thereby and the frequency of entrance and exit of
vehicular and pedestrian traffic.
[Amended 9-11-95 by Ord. No. 1995-41 and Ord. No. 1995-42 § 4;
6-2-97 by Ord. No. 1997-14 § 2;
8-4-97 by Ord. No. 1997-16 § 2;
10-5-98 by Ord. No. 1998-20 and Ord. No. 1998-21 § 7]
A.
If the Planning Board of Board of Adjustment acts favorably on a
minor or final major site plan and/or subdivision plat or plan, upon
verification that all conditions of the approval, the Board Engineer
and the Chairman and Secretary of the Board (or the acting Chairman
or Secretary, where either or both may be absent) shall affix their
signatures to at least three (3) paper copies and one (1) mylar copy
with the notification that it has been approved. The applicant shall
furnish such copies to the Board for signing. In the case of subdivisions,
the applicant shall include for signing additional mylar and cloth
copies as may be required for filing. Thereafter, the applicant shall
provide the Administrative Officer with twenty-two (22) executed blue-line
or black-line copies made from the signed mylar. No zoning permits
or building permits shall be issued for the construction, alteration,
use or occupancy of any building or land without presentation of plats
or plans duly signed by the Board Engineer, Chairman and Secretary.
B.
Prior to the subdivision or re-subdivision of land within the Township
and as a condition prior to the filing of subdivision plats with the
County Recording Officer, a resolution of approval of the Board is
required, as is the approval of the site plans by resolution of the
Board, as a condition for the issuance of a permit for any development.
A.
Appointment and Duties.
(1)
The Township Committee shall appoint a Zoning Officer, who shall
be authorized to and shall administer and enforce the provisions of
this chapter. At the discretion of the Township Committee, said position
may be held by the Building Inspector.
(2)
The Zoning Officer shall receive applications for permits to construct,
alter, use or occupy any building or land and shall issue such permits
to applicants having complied with the provisions of this chapter.
In no case shall a permit be granted by the Zoning Officer for the
construction, alteration and use of any building or land that would
be in violation of this chapter.
(3)
The Zoning Officer or his duly authorized agent shall have the right
to enter and inspect any building or premises and examine any plans
during the daytime course of his duties to determine whether or not
any construction, alteration or use of any building or use of land
is in conformance with any permit issued therefor under the provisions
of this chapter.
(4)
The Zoning Officer shall order, in writing, the remedying of any
conditions or the cessation of any construction, alteration or use
found to be in violation of any provision of this chapter or of any
conditions which may have been attached to the issuance of a permit
to construct, alter or use a building or lot by an official or official
body of the Township of Barnegat acting under this chapter.
B.
Records.
(1)
The Zoning Officer shall keep a record of all applications for permits
and certificates issued and denied, together with all notations of
specific conditions involved. He shall file and safely keep copies
of all site plans and information supplemental thereto, which shall
be part of the records of his office and shall be available for the
use of the Township Committee and of other officials of the Township
of Barnegat, county or state.
(2)
The Zoning Officer shall prepare a monthly report for the Township
Committee summarizing for the period since his last previous report
all permits issued and all violations found and consequent actions
taken by him. A copy of each such report shall be filed with the Tax
Assessor.
C.
Cases of Doubt. Should the Zoning Officer be in doubt as to the meaning
or intent of any provision of this chapter as to the location of a
district boundary line on the Zoning Map or as to the propriety of
issuing any permit in the particular case, he shall appeal the matter
to the Board of Adjustment for interpretation and decision.
A.
Zoning Permits and Procedure.
(1)
No construction, alteration or excavation for any building or other
structure nor any use of building or land shall be begun without the
issuance of a permit by the Zoning Officer indicating that the proposal
is in compliance with the provisions and requirements of this chapter.
A permit issued in accordance with the Building Code of the Township
of Barnegat and satisfying the requirements thereto shall also satisfy
the additional requirements of this chapter.
(2)
All applications for permits shall be made on forms provided by the
Zoning Officer. Each such application shall be accompanied by a site
plan prepared in triplicate and drawn to such scale as required to
show exact dimensions and locations of all buildings, yards, lot lines,
off-street parking and such other appropriate details and information
as may be necessary to provide for the administration of this chapter.
All dimensions shown on these plans relating to the lot to be used
or built upon shall be based on an actual survey, deed description
or an approved subdivision plat. Where approval of the site plan is
required by the Township Planning Board, submittals shall meet the
requirements of this chapter. One (1) copy of the approved site plan
shall be returned to the applicant, together with the permit issued
by the Zoning Officer and with such conditions as may have been attached
thereto by an official body of the Township of Barnegat acting under
this chapter. In those instances where permits are not granted, the
applicant shall be advised, in writing, as to the specific conditions
involved. The lot and location of all construction, alterations and
excavations shall be staked on the ground, and an inspection thereof
shall be made by the Zoning Officer before work is begun.
(3)
The construction or alteration of any building or buildings for which
a permit was issued must be begun within six (6) months after the
date of issuance, and any such construction or alterations shall be
completed or fully erected within two (2) years after said date of
issuance, after which time such permit shall become void and subject
to reapplication. The Zoning Officer, at his discretion, may issue
a new permit granting a reasonable continuation of time where unavoidable
conditions prevented the initiation or completion of work within these
prescribed time periods.
B.
Certificates of Occupancy.
(1)
No building or other structure hereafter constructed, erected or
altered and no lot or area of land hereafter put into use shall be
occupied or used in whole or in part for any use whatsoever, and no
change of use of any building, structure, lot or area of land or part
thereof shall hereafter be made until a certificate of occupancy shall
have been issued by the Zoning Officer, certifying that such building,
other structure, lot or area of land or part thereof complies with
all applicable provisions of this chapter.
(2)
Certificates of occupancy shall be granted or denied by the Zoning
Officer within ten (10) days from the date of application therefor
by the owner of the premises for such use or occupancy. His reasons
for doing so shall be stated in detail on at least one (1) copy of
the application, and that copy returned to the applicant.
C.
Fees for Permits. Each application for such a zoning permit and certificate
of occupancy shall be accompanied by a fee in accordance with a schedule
of fees established by the Township Committee.
D.
Engineering permits required for installation
of certain improvements.
[Added 7-6-2023 by Ord. No. 2023-23]
(1)
None of the following categories of improvements
shall be constructed or installed in the Township of Barnegat without
first obtaining a permit from the Township Engineer:
(2)
The Township Engineer shall enforce the
provisions of this chapter and all applicable reference chapters by
issuing required permits and addressing those violations arising out
of failure of any person or entity to apply for and obtain any required
permits. He/she shall, from time to time, upon his/her own initiative
or whenever directed by the Township, inspect the premises for which
the permits have been granted to ensure compliance with the terms
of the permit and of the chapter. He/she shall report all violations
and take any action deemed necessary for proper enforcement.
(3)
Application fees.
(a)
All engineering permit applications
shall be accompanied by a fee as indicated on the applicable application
forms or as described in the applicable sections of the chapter. The
fees will be utilized for plan review, inspection and any other activity
necessary to process the application.
(b)
If a permit is denied or withdrawn,
no refund of fees will be permitted.
(4)
Inspection fees. Inspection escrow accounts
may be established to cover the costs of inspections for certain improvements
as indicated on the application forms or as described in the applicable
sections of the chapter. The Township Engineer shall determine the
amount of the escrow fees based upon the scope of the work. The fee
shall be accompanied with a W-9 form so as to be deposited into an
Applicant Escrow Account.
(5)
Performance guaranties. Performance guaranties
may be required for certain improvements as indicated on the applicable
application forms or as described in the applicable sections of the
chapter. The Township Engineer shall make a determination as to when
performance guaranties are required in light of the scope and nature
of the work to be completed and to calculate the appropriate amount
to cover damages to the Township.
[Amended 7-1-91 by Ord. No. 1991-31]
A.
An applicant for development may request a minor change or amendment
to approved plan or plans from the Planning Board or Zoning Board
in accordance with the following procedures:
(1)
The applicant shall forward in writing a request for minor change
to the Secretary of the Board which has jurisdiction over the application
and to the Board's Engineer. A sketch/plot plan shall accompany said
request and shall clearly address the proposed deviation or change
from the approved plan.
(2)
The applicant's request shall be scheduled on the Agenda of the appropriate
Board after receipt of review letter from the Board's Engineer. The
Board may then act via roll call vote on the record to approve or
disapprove said application.
(3)
The Secretary of the Board shall then advise in writing the applicant,
Board Engineer, Building Department, Township Engineer and Zoning
Officer of the disposition of the request for field change.
B.
The applicant shall submit at the time of request for field change
a nonrefundable fee of fifty ($50.00) dollars for each and every field
change requested to the approved plans.
