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. If an applicant can clearly
demonstrate that, because of peculiar conditions pertaining to the
land, the literal enforcement of one or more of the regulations within
this chapter is impracticable or will exact undue hardship, the appropriate
municipal agency may permit one or more exceptions as may be reasonable
and within the general purpose and intent of the rules, regulations
and standards established by this chapter.
For any and every violation of the provisions of this chapter, the owner, contractor or other person or persons interested as lessee, tenants or otherwise, in any building or premises where such violations have been committed or shall exist, and who refuses to abate such violation within five days after written notice has been served, either by registered mail or by personal service, shall be subject to a fine as set forth in § 134-122 and § 134-124.
A.
A certificate of occupancy issued by the Construction Code Official
is required for both initial occupancy and the continued occupancy
and use of the building or land to which it applies, as follows:
(1)
Occupancy and use of a building erected, reconstructed, restored,
altered or moved or any change in occupancy and/or use of an existing
building.
(2)
Occupancy, use or any change in use of vacant land, other than
agriculture.
(3)
Any change in use or occupancy of a nonconforming use.
(4)
Occupancy and use of any enlargement to an existing structure.
B.
A certificate of occupancy shall be issued only when:
(1)
The structure or part(s) thereof and the proposed use of the
structure(s) and land conform to this chapter and all other applicable
codes and ordinances of the Township;
(2)
Prior conditional use, site plan, subdivision and variance approvals
have been granted by the appropriate municipal agency in accordance
with the provisions of this chapter and the proposed structure or
part(s) thereof and the proposed use of the structure(s) and land
comply with all conditions and requirements imposed as part of such
approvals;
(3)
All local taxes and assessments on the property have been paid;
and
(4)
A letter from each utility company has been received by the
Township, stating that the utility has been inspected and installed
in accordance with the approved plan and is ready for use.
C.
A fee shall be charged for each certificate of occupancy in accordance
with the Fee Ordinance of Wayne Township.
D.
A certificate of occupancy shall be granted or denied, in writing,
within 20 days from the date that a written notification is filed
with the Construction Code Official that the erection of the structure
is completed, unless additional time is agreed upon by the applicant,
in writing. If the application is denied, the Construction Code Official
shall state the reason for such denial on two copies of the application
and return one copy to the applicant.
E.
In any subdivision or site plan that has received final approval,
a certificate of occupancy shall be issued only upon completion of
such portion of the following improvements as may be deemed by the
Township Engineer to be needed to serve the premises offered for occupancy:
(1)
Curbs.
(2)
All utilities.
(3)
Water supply and sewerage treatment facilities serving the property
in question.
(4)
Storm drainage facilities.
(5)
Base course of the street or streets serving the property.
(6)
Base course of driveways and parking areas.
(7)
Street names and traffic regulatory signs.
(8)
The provision of an as-built grading plan.
F.
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 hereinabove,
to the extent that the same are required as part of a subdivision
or site plan approval or as required by the Township Engineer for
an individual residential lot or dwelling unit:
G.
The Township Engineer shall submit a favorable report to the Township
Construction Code Official for the individual residential dwelling
unit prior to the issuance of a Certificate of Occupancy by the Township
Construction Code Official.
H.
A copy of any issued certificate of occupancy shall be kept on file
at the premises affected and shall be shown to the Construction Code
Official upon request.
I.
A temporary certificate of occupancy may be issued by the Construction
Code Official for any structure or use for which 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 subject to specific terms and
conditions, including but not limited to a timetable for achieving
full compliance with all such conditions for the completion of all
required improvements and the receipt of a performance guaranty assuring
the installation of the improvements as indicated on the approved
plat or plan.
J.
No approval shall be issued for the framing of any modification or
alteration of existing construction where said modification or alteration
exceeds 500 square feet or for any new construction until certification
has been provided over the seal of a licensed land surveyor that the
finished floor elevation of the first floor is at the elevation and
location set forth in the approved plans for said premises.
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,
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 chapter shall
be construed to restrict the right of any party to obtain a review
by any court of competent jurisdiction according to law.
A.
Any person, firm, or corporation violating any provisions of this
chapter shall, upon conviction thereof by any court authorized by
law to hear and determine the matter, be fined such sum not exceeding
$1,250, as such court, in its discretion, may impose; or, if the party
so convicted is a natural person, such person may be imprisoned for
such term not exceeding 90 days, as such court in its discretion may
impose, or be fined a sum not exceeding $1,250, as such court in its
discretion may impose, or such natural person may be both imprisoned
and fined not exceeding the maximum limits set forth herein, as such
court in its discretion may impose. Each day that such violation continues
beyond a ten day period following written notice by the Construction
Official or the Zoning Officer served by certified or registered mail
or personal service shall constitute a separate offense.
[Amended 7-17-2013 by Ord. No. 32-2013]
B.
The owner of any building or structure, lot or land or part thereof
and/or the tenant or occupant of any building or structure, lot or
land or part thereof where anything in violation of this chapter shall
be placed or shall exist or be suffered, allowed or permitted to exist
and any architect, builder, developer, contractor, agent, person or
corporation engaged in connection therewith and who assists in the
commission of such violation shall each be guilty of a separate violation
and, upon conviction thereof, shall each be liable to the fine or
imprisonment, or both, specified hereinabove.
C.
The Township may institute and maintain a civil action:
D.
In any such action taken pursuant to paragraph C above, the transferee,
purchaser or grantee shall be entitled to a lien upon the portion
of the land from which the subdivision was made that remains in the
possession of the developer, or his assigns or successors, to secure
the return of any deposits made or purchase price paid, and also a
reasonable search fee, survey expense and title-closing expense, if
any. Any such action must be brought within two years after the date
of the recording of the instrument of transfer, sale or conveyance
of said land or within six years, if unrecorded.
E.
Unless another penalty is specifically provided elsewhere in the
Code or in a law of the State or Federal government, any person who
violates any provision of this chapter, any other chapter of this
Code, or any other ordinance of the Township shall, upon conviction,
be punishable by a fine of not more than $2,000 or imprisonment for
a term not to exceed 90 days, or by a period of community service
not to exceed 90 days. Each day that such violation continues shall
be deemed a separate offense.
[Amended 7-17-2013 by Ord. No. 32-2013]
F.
Notwithstanding the foregoing provisions to the contrary, a fine
in an amount greater than $1,250 for violations of zoning regulations,
supplementary zoning regulations, subdivisions and site plan standards
may not be imposed, unless the owner has been provided a 30 day period
in which the owner shall be afforded an opportunity for a hearing
before a Court of competent jurisdiction for an independent determination
concerning the violation. Subsequent to the expiration of the 30 day
period, a fine greater than $1,250, but not exceeding $2,000 may be
imposed if a Court has not determined otherwise, or upon re-inspection
of the property, it is determined that the abatement has not been
substantially completed.
[Amended 7-17-2013 by Ord. No. 32-2013]
If, before final subdivision approval 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 the requirements of N.J.S.A.
40:55D-55.
A.
Final approval for any site plan approved by the appropriate approving
authority under the provisions of this chapter, and any conditions
thereof, shall be binding upon the developer/applicant and upon any
subsequent heirs and/or assigns. Said approval shall not be amended
or altered in any manner without prior Township approval. Failure
to adhere to an approved final site plan or conditions of approval
shall be deemed a violation of this article.
B.
This section shall be enforced by the Municipal Planner or his designee.
Notice detailing any violation due to noncompliance with prior approvals
shall be served upon the appropriate agent for the development, and
said violations shall be abated within 10 days.
C.
In the event that the violation is not abated within 10 days of service,
the Municipal Planner or his designee shall cause to be issued a summons
and complaint, returnable in the Municipal Court, charging a violation
of this article and specifying the wrongful conduct of the violator.
Each separate day that the violation exists shall be deemed to be
a new and separate violation of this article.
D.
The penalty for violation shall be a fine not less than $500 nor
more than the penalties stated in Paragraphs F and G below for each
day that a violation continues.
[Amended 7-17-2013 by Ord. No. 32-2013]
E.
In the event of ongoing construction, the Municipal Planner or his
designee shall notify the Township Construction Official, who is hereby
authorized to issue a stop-work order in order to halt construction
until compliance is achieved.
F.
Unless another penalty is specifically provided elsewhere in the
Code or in a law of the state or federal government, any person who
violates any provision of this chapter, any other chapter of this
Code, or any other ordinance of the Township shall, upon conviction,
be punishable by a fine of not more than $2,000 or imprisonment for
a term not to exceed 90 days, or by a period of community service
not to exceed 90 days. Each day that such violation continues shall
be deemed a separate offense.
[Added 7-17-2013 by Ord.
No. 32-2013]
G.
Notwithstanding the foregoing provisions to the contrary, a fine
in an amount greater than $1,250 for violations of zoning regulations,
supplementary zoning regulations, subdivisions and site plan standards
may not be imposed, unless the owner has been provided a 30 day period
in which the owner shall be afforded an opportunity for a hearing
before a Court of competent jurisdiction for an independent determination
concerning the violation. Subsequent to the expiration of the 30 day
period, a fine greater than $1,250, but not exceeding $2,000 may be
imposed if a Court has not determined otherwise, or upon re-inspection
of the property, it is determined that the abatement has not been
substantially completed.
[Added 7-17-2013 by Ord.
No. 32-2013]
