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. Any action taken by the
Township under the terms of this ordinance shall give primary consideration
to the above mentioned 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 Sections 500 and 800 of this ordinance if an applicant
or his agent can clearly demonstrate that, because of peculiar conditions
pertaining to his land, the literal enforcement of one (1) 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 ordinance. 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.
A.
The Construction Official and The Zoning Officer.
It shall be the duty of the Construction Official and the Zoning
Officer of the Township to administer and enforce the provisions of
this ordinance. No new structure shall be erected unless a construction
permit is obtained from the Construction Official and no structure
or lot shall be used in violation of this ordinance.
1.
It shall be the duty of the Construction Official to keep a record
of all applications and all construction permits which are either
issued or denied, with notations of any conditions involved, which
data shall form a part of the Township public records. A monthly report
of construction permits shall be filed with the Tax Assessor and the
Township Committee.
2.
It shall be the duty of the Zoning Officer to inspect the structures
and land in the Township and order the owner in writing to remedy
any condition found to exist in violation of the provision(s) of this
ordinance. For 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. Said order shall specify that
the owner must contact the Zoning Officer within fifteen (15) days
after service of the order to propose a plan to remedy the violations
cited.
3.
Upon notice being served of any land use existing in violation of
any provision(s) of this ordinance, the Certificate of Occupancy for
such shall thereupon, without further notice, be null and void and
a new Certificate of Occupancy shall be required for any further use
of the structure or land.
4.
Enforcement:
In the event that an owner cited for violations of this chapter
fails to propose a remedial plan within fifteen (15) days, or in the
event that such plan is deemed unacceptable to the Zoning Officer,
said Zoning Officer shall so inform the Township Administrator and
Township Attorney. The Township Attorney shall advise the Township
Administrator and Zoning Officer of the legal options available to
facilitate remedial action in each individual case.
[Amended by Ord. #92-14 § 1]
B.
Construction and Zoning Permits.
1.
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 Township. Nothing in this ordinance
shall require any changes in the plans, construction, size or designated
use of any building, or part thereof, for which any construction permit
has been granted before the enactment of this ordinance, or any changes
thereto that may be later enacted, provided that construction from
such plans shall have been started within sixty (60) days of enactment
of this ordinance and shall be diligently pursued to completion.
2.
No land shall be used, no use shall
be commenced and no structure shall be erected, constructed, reconstructed,
altered, converted and no land, use or structure shall be changed
from an existing use to a new use until a zoning permit is issued
by the Zoning Officer pursuant to the procedures set forth below,
stating that such use, structure or building conforms and complies
with the provisions of this chapter by a board of competent jurisdiction.
a.
Any person requesting a zoning permit shall complete a written
application on a form prescribed by the municipality, which shall,
in addition to the other information requested therein, require the
applicant to indicate whether there are any wetlands on the property
that is the subject of the permit. For purposes of N.J.S.A. 40:55D-18,
a person shall be deemed to have requested a zoning permit only when
each of the following has occurred:
[Amended 7-18-2018 by Ord. No. 2018-15]
(1)
The applicant for a zoning permit has completed a written application
for a zoning permit on a form prescribed by the municipality, and
the said application has been deemed complete by the Zoning Officer
or his or her designee;
(2)
The fee for the zoning permit has been paid to the municipality
in the form of a certified check, cash or money order; and
(3)
The applicant has supplied the Zoning Officer with all supporting
"data reasonably requested by the Zoning Officer.
b.
Upon the applicant's satisfaction of the requirements of paragraph
a hereof, the application for a zoning permit shall be deemed complete,
and the Zoning Officer shall issue to the applicant a written notice
indicating: (i) that the application is complete; and (ii) the date
on which the application was deemed complete.
c.
The applicant shall cooperate with the Zoning Officer's efforts
to evaluate and issue a decision upon the application for a zoning
permit.
3.
The Zoning Officer shall charge a fee in the amount of $100 for the
issuance of any zoning permit pursuant to this chapter, which fee
shall be due and payable prior to the review by the Zoning Officer,
of any application for a zoning permit and shall not be refundable
if the permit is not issued. This permit is valid for two years after
the approval date.
[Amended by Ord. #92-14 § 4; Ord. #93-03 § 1;
Ord. #2001-04 § 2; 4-19-2023 by Ord. No. 2023-06]
4.
Foundation locations survey.
[Added 3-20-2019 by Ord.
No. 2019-02]
a.
A foundation location survey, signed and sealed by a licensed land
surveyor, shall be submitted to the Township Zoning Enforcement Officer
prior to the framing of any building. The Township Zoning Enforcement
Officer shall report to the Township Construction Official within
seven days of receipt of the foundation location survey if the foundation,
as shown on the survey, was not constructed at the location and elevation
approved by the Township Zoning Enforcement Officer.
b.
An as-built drawing shall be submitted to the Township Zoning Enforcement
Officer for review, unless waived by the Township Zoning Enforcement
Officer. The Township Zoning Enforcement Officer shall report to the
Township Construction Official within 15 days of the receipt of the
as-built drawing that the work has been completed in accordance with
the grading plan.
C.
Certificate of Occupancy.
1.
Upon the completion of any building,
structure or alteration in compliance with this ordinance and any
other ordinance, rule or regulation, the owner or his agent may 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 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 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 Township.
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 ordinance.
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.
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 Section 1003C4 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 (2) copies
of the application and one (1) 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 incomplete 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 Township Committee
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, other than for
agricultural purposes.
c.
Any change in the use of a non-conforming 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 Township 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 fifteen dollar ($15) fee shall be paid to
the Administrative Officer, on behalf of the Township, for the requested
certificate.
C.
The Administrative Officer shall make and issue such certificate
within fifteen (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 ordinance.
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 ordinance,
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 Township 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 ordinance shall be construed to restrict the right
of any party to obtain a review by any court of competent jurisdiction
according to law.
A.
Fines.
Any violation hereunder shall be considered an offense punishable
by a fine not to exceed $1000.00 for each offense or imprisonment
for a term not exceeding ninety (90) days or both. The following rules
shall apply in determining responsibility for violations and penalties:
1.
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.
2.
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.
3.
Each day that a violation continues after notification that it exists
shall constitute a separate offense.
4.
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.
Selling Land Before Final Subdivision Approval.
1.
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
$1,000.00, and each lot disposition so made may be deemed a separate
violation.
