Borough of Somerville, NJ Article VI PERMITS AND ENFORCEMENT

§ 102-28 Building Permits, Certificates of Occupancy, Zoning Permits and Sign Permits.

The use or occupancy of land or structures, and the construction or alteration of signs shall require the issuance of building, zoning and/or sign permits and/or certificates of occupancy in accordance with the following provisions:

A. Building permits and certificates of occupancy. Building permits and certificates of occupancy shall be issued in accordance with the procedures set forth in the Uniform Construction Code, and in accordance with the following:

[Amended 12-17-01 by Ord. 2118]

(1) No building permit, demolition permit, certificate of occupancy or certificate of continued occupancy shall be issued unless the development complies with the applicable provisions of this chapter and a zoning permit has previously been issued for such development.

[Amended 06-16-03 by Ord. 2143]

(2) Prior to the issuance of any certificate of occupancy for any development that has been the subject of a site plan approval, an as-built plan conforming with the approved final site plan shall be submitted to and approved by the Borough Engineer. Such as-built plan shall identify any and all departures from the approved site plan, including any field changes. No certificate of occupancy shall be issued if such departures are not identified on the plan and unless the Borough Engineer has certified in writing that such departures are of a de minimis nature and have been approved as field changes.

[Amended 06-16-03 by Ord. 2143]

B. Zoning permits. No land shall be occupied or used, in whole or in part, for any purpose whatsoever unless and until a zoning permit therefor shall have been issued by the Zoning Officer. The following provisions shall apply to the issuance of zoning permits required by this Article:

[Amended 12-17-01 by Ord. 2118]

(1) No zoning permit shall be issued unless the proposed development conforms with the provisions of this chapter.

(2) Any change in use of a building or site shall be treated as a new use, and a new zoning permit shall be required therefor. Before any zoning permit shall be issued for any such change in use, all provisions of this chapter shall be complied with in the same manner as if the new use were an initial use of land or a new structure or building.

(3) When site plan, subdivision, conditional use and/or variance approval is required, no zoning permit shall be issued until final site plan, final subdivision, conditional use and/or variance approval has been obtained and until all conditions precedent to said approval have been satisfied. In order to demonstrate compliance with this requirement, the applicant for a zoning permit shall submit a copy of the approved final site plan, final subdivision plans and/or variance plans, as applicable, signed by the Chairman of the Board that approved by the plans.

(4) The Zoning Officer shall issue or deny a zoning permit within ten (10) business days of receipt of a request therefor. Failure of the Zoning Officer to act within the prescribed period shall be deemed to be an approval of said application. In the event of a permit denial, the applicant may amend the application and resubmit same for a zoning permit, or may appeal the denial as provided in Article VII, Appeals.

(5) A zoning permit shall specify the use of the land or buildings and the nature of improvements and any terms or conditions imposed thereunder.

(6) The invalidation of any building permit for any reason whatsoever shall invalidate any zoning permit issued with the building permit.

C. Sign permits. It shall be unlawful for any person to erect, alter, relocate or keep within the Borough of Somerville any sign or other advertising structure, except as exempted herein, without obtaining a sign permit from the Construction Official and paying the required permit fee. All illuminated signs shall, in addition, be subject to the provisions of the applicable electrical code, and the permit fee required thereunder.

(1) Signs exempt from requirement to obtain sign permit or Architectural Review Board approval. The following signs are exempt from the requirement to obtain a sign permit; provided that such exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with all other applicable provisions of this chapter. Furthermore, all signs within the Special Improvement District that are hereby exempted from the permit requirements must also conform to Architectural Review Board Guidelines as to color, finish and texture:

(a) Professional nameplates attached to wall of buildings.

(b) Building construction signs.

(c) Real estate signs.

(d) Home occupation signs erected flat against the wall.

(e) Traffic or other municipal signal, legal notices, railroad crossing signs, danger, and such temporary, emergency or non-advertising signs as may be approved by the Mayor and Council.

(f) Election campaign signs.

(g) Decorations, signs or other materials temporarily displayed for traditionally accepted civil, patriotic or religious holidays, provided that seasonal commercial signs advertising goods or services are not exempt.

(h) Banners shall be exempted when used in conjunction with election campaigns, public events, private sales events and as temporary window signs.

(i) All signs located within a building that do not meet the definition of a window sign as defined in Article II.

(j) Collection boxes for charitable or nonprofit organizations containing no commercial advertising.

(k) Fuel price informational signs.

(l) Pennants associated with public and private events.

(m) Temporary signs.

(2) Signs exempt from permit fee. The following signs are required to obtain a sign permit; however, such signs are exempt from the permit fee. All of the following signs located within the Special Improvement District must also obtain prior approval of the Architectural Review Board:

(a) Memorial signs or tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials.

(b) On signs designed, approved and maintained for frequent changes in display, including but not limited to theater marquees, bulletin boards and other similar signs, the posting of bills, repainting of letters or display, or changing of letters or display. This exemption shall also include the refacing of lawful existing sign faces due to a change in tenancy. This exemption shall not be construed to apply to any signs which by their nature are not specifically intended for frequently changing displays, nor to signs with automatically changing displays by mechanical, electronic or other means.

(c) Directional, identification and information signs.

(d) Freestanding bulletin boards.

(3) Application for initial sign permit. Application for sign permits shall be made to the Office of Code Enforcement; provided, that within the Special Improvement District, sign permit applications shall be submitted to the Planning Board and Architectural Review Board for design review. Upon receipt of such design review approval, the applicant shall submit the application to the Office of Code Enforcement for a sign permit. Application shall be made using forms provided by the Office of Code Enforcement and shall contain or have attached thereto, the following information:

(a) Name, address and daytime telephone number of the applicant, building owner, business owner and contractor.

(b) Street address, block and lot number(s), and/or location of the structure and/or lot upon which the sign or other advertising structure is to be placed.

(c) Location of the sign or other advertising structure in relation to the site and adjacent buildings or structures, drawn to scale on a plan approved by the Office of Code Enforcement.

(d) Two (2) copies of a detailed drawing of the proposed sign indicating construction techniques, materials, colors, lighting details, and structural supports, provided however that ten (10) drawings are required for signs within the Special Improvement District.

(e) Written consent of the owner of the building, structure or land to which or on which the structure is to be erected.

(f) Any electrical permit required and issued for said sign. The application requesting the electrical permit for the proposed sign must accompany the sign application.

(g) Such other information as the Construction Official, Electrical Subcode Official, Zoning Officer or, for signs in the Special Improvement District, the Architectural Review Board, as applicable, shall require to show full compliance with all applicable codes, laws and ordinances.

(h) When the sign(s) involved require or are part of a site plan, subdivision or variance approval, the applicant for a sign permit shall submit a copy of the approved final site plan, final subdivision plans and/or variance plans, as applicable, signed by the Chairman of the Board that approved by the plans, depicting the sign for which the permit is sought.

[Added 12-17-01 by Ord. 2118]

(4) Insurance for sign construction affecting Borough property or right-of-way. In the event that sign construction, repair, replacement, structural maintenance or similar activity requires construction activity either on or affecting a public right-of-way or other Borough property, no sign permit shall be issued until a certificate of insurance shall have been filed with the Zoning Officer. The following provisions shall apply:

(a) The certificate shall include single-limit coverage of at least one million dollars ($1,000,000) covering general liability, personal injury and property damage.

(b) The insurance is to remain in effect until a certificate of approval is issued after inspection of the constructed sign.

(5) Issuance of sign permit.

(a) Upon the filing of an application for a sign permit, it shall be the duty of the Construction Official and Zoning Officer to examine the plans and specifications and other data therefor, and to inspect the premises upon which it is proposed to erect the sign or other advertising structure.

(b) If the proposed structure is in compliance with all the requirements of this chapter and all other laws and ordinances of the Borough of Somerville, then the sign permit shall be issued.

(6) Revocation of sign permits. All rights and privileges acquired pursuant to a sign permit shall be revoked by the Construction Official or Zoning Officer and shall become null and void for the reasons set forth below. All such permits shall contain this provision.

(a) Failure to accurately depict on the plan and/or application form the sign erected or to be erected.

(b) Failure to erect the sign in accordance with the application form or detailed drawing submitted by the applicant.

(c) Failure to begin erection of the sign within six months after date of issuance of the sign permit.

D. Records of applications and permits and certificates issued. It shall be the duty of the Zoning Officer to keep records of all applications for zoning permits and sign permits, and of all such permits and certificates issued, together with a notation of all special terms or conditions imposed thereunder. The Zoning Officer shall be responsible for the filing and safekeeping of all plans and specifications submitted to him or her with any application, and the same shall form a part of the records of his or her office and shall be available to all officials of the Borough. Copies of any permits shall be furnished upon request to any person who shall have a right thereto by law.

[Amended 12-17-01 by Ord. 2118]

§ 102-29 Enforcement.

A. Borough Council. The Borough Council shall enforce this chapter. To that end, this chapter requires the issuance of specified permits, certificates or authorizations as a precedent to: 1) the erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure; 2) the use or occupancy of any building, structure or land; and, 3) the subdivision or resubdivision of any land.

B. Zoning Officer. Pursuant to the enforcement authority of the Borough Council, it shall be the duty of the Zoning Officer to act as the Council's agent in the enforcement of this chapter, except as may be provided otherwise by this chapter or by other law. Pursuant to this duty, the Zoning Officer shall perform the following actions; provided that he or she may be assisted by the Borough Engineer, Borough Attorney or other officials or agents for the Borough, when appropriate and necessary:

[Amended 12-17-01 by Ord. 2118]

(1) Review applications for development permits to determine compliance with this chapter.

(2) Investigate any alleged violation of this chapter coming to his or her attention, including but not limited to the express provisions of this chapter and any terms and conditions of approval granted pursuant to this chapter, whether knowledge of such alleged violation is by complaint of third persons or from his or her own personal knowledge or observation.

[Amended 12-17-01 by Ord. 2118]

(3) When it is determined that any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of any provision of this chapter, including but not limited to the express provisions of this chapter and any terms and conditions of approval granted pursuant to this chapter, proceed with the enforcement of this chapter and the penalties provided for hereunder. The Zoning Officer may also pursue such other statutory method or methods, heretofore or hereafter provided, as may be open to him.

§ 102-30 Violations.

A. Power to obtain warrants. In the enforcement of this chapter, the Zoning Officer may apply to the Municipal Court of the Borough of Somerville for a warrant or warrants to search and inspect the properties and premises upon which he or she has reason to believe any violation of this chapter has taken or is taking place and, upon probable cause shown, the Magistrate may issue such a warrant or warrants and the information obtained pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purpose of proving any case brought for violation of this chapter.

[Amended 12-17-01 by Ord. 2118]

B. Issuance of abatement notices. For any violation of this chapter, the Zoning Officer may issue a notice to abate said violation(s). Such notices shall be sent by certified mail, return receipt requested, or by personal service. Each and every day that a violation of this chapter continues after thirty (30) days of the mailing or personal service, as the case may be, of such notice shall be deemed a separate and distinct violation.

C. Power to institute court action. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Zoning Officer or other authorized local agencies, as contained herein or as otherwise provided by law, or any interested party may, in addition to other remedies, institute any appropriate action or proceedings, including but not limited to the signing of a complaint to be heard in the Municipal Court of the Borough of Somerville or other appropriate court, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

D. Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided.

E. No limitation. Nothing contained herein shall be construed as preventing the Borough from taking such lawful action as is necessary to prevent or remedy any violation.

§ 102-31 Penalties.

[Amended 10-20-08 by Ord. No. 2284]

For any and every violation of this chapter, the owner, contractor or other person or persons interested as lessees, tenants or otherwise in any building or structure, land or premises where such violation has been committed or continues to exist, shall be subject to one (1) or more of the following: a fine not to exceed two thousand dollars ($2,000) imprisonment in the County Jail for a period not to exceed ninety (90) days, and/or a period of community service not to exceed ninety (90) days.

Whenever a fine is to be imposed in an amount greater than one thousand two hundred fifty dollars ($1,250) for violations of housing or zoning codes the owner shall be provided a thirty (30) day period during which the owner shall be afforded the opportunity to cure or abate the condition and shall be afforded the opportunity for a hearing before the Court for an independent determination concerning the violation. Subsequent to the expiration of the thirty (30) day period, a fine greater than one thousand two hundred fifty dollars ($1,250) may be imposed if the Court has determined that the abatement has not been substantially completed. (N.J.S.A. 40:49-5)