[Ord. 93-5 § 401,
1993]
No building or structure shall hereafter be used, erected, altered,
converted, enlarged, added to, moved or reduced, wholly or in part,
nor shall any lands be designed, used or physically altered for any
purpose or in any manner except in conformity with Title 16. Where
a lot is formed from part of a lot already occupied by a building,
any subdivision shall be effected in such a manner as not to impair
any of the requirements of this title with respect to the existing
building. No open space provided around any principal building for
the purpose of complying with front, side or rear yard provisions
of this title shall be considered as providing the yard provisions
for another principal building.
[Ord. 93-5 § 1001,
1993]
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 Borough. Any action taken by the
Borough under the terms of this land development ordinance shall give
primary consideration to the abovementioned matters and to the welfare
of the entire municipality.
[Ord. 93-5 § 1002,
1993; amended by Ord. 2001-9 § 1,
2001]
It shall be the duty of the Borough engineer, the Borough construction
official, the Borough zoning officer, the Borough code enforcement
officer and the Borough police department, where applicable, to administer
and enforce the provisions of the ordinance codified in this title.
A.
Borough Engineer.
1.
It shall be the duty of the Borough engineer to monitor all land
disturbances and all land improvements undertaken in the Borough pursuant
to approval of a subdivision and/or site plan in accordance with the
applicable provisions of this title.
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 Borough engineer. At such meeting, the subject subdivision
plat and/or site plan shall be identified, marked and dated by the
Borough engineer with an acknowledgement as to its conformity to the
subdivision and/or site plan approved by the land use review board,
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 Borough clerk.
3.
The Borough engineer shall issue a written communication to the developer
within 10 days after the preconstruction meeting, either:
a.
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 Borough engineer specifically enumerated; or
b.
Denying the commencement of land disturbance and/or land improvement,
with the reasons for such denial specifically enumerated.
A copy of the written communication shall be immediately filed
in the office of the Borough clerk, and additional copies shall be
immediately forwarded to the chairperson of the land use review board,
to the administrative officer and to the board's attorney.
4.
In accordance with Section 16.84.020(F) 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 Borough engineer. At the time of inspection, in addition to
an evaluation and determination of the sufficiency of the engineering
aspects of the improvements, the Borough 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 Borough engineer
to be contrary to the subdivision and/or site plan as approved by
the land use review board, including any imposed conditions, such
fact shall immediately be orally communicated to the developer or
his or her appropriate representative on-site and, thereafter, shall
be communicated by the Borough engineer in writing to the developer
or his or her attorney.
A copy of the written communication shall be immediately filed
in the office of the Borough clerk, and additional copies shall be
immediately forwarded to the chairperson of the land use review board,
to the administrative officer and to the board's attorney.
5.
On the day following the oral communication to the developer or his
or her representative, the improvement found by the Borough 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 Borough engineer shall:
6.
The developer immediately shall comply with any issued stop work
order and/or any other conditions imposed by the Borough engineer;
otherwise the Borough engineer shall communicate in writing within
two working days the particulars of the developer's noncompliance
to the attorney of the land use review board.
B.
Construction Official.
1.
It shall be the duty of the construction official to monitor the construction of any building or structure in the Borough. 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 and Subsection D of this section.
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 Borough public records. A monthly report of construction permits
shall be filed with the Borough clerk and continuous reports of construction
permits shall be filed with the tax assessor.
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 or
her appropriate representative on-site. The construction official
shall issue in writing to the landowner or his or 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 Borough clerk, and additional copies shall be
immediately forwarded to the mayor and to the Borough 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 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 construction
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 Borough attorney
pursuant to N.J.A.C. 5:23-2.31.
C.
Zoning Officer.
1.
It shall be the duty of the zoning officer, or other official designated
by the Borough council, to inspect the uses, land and structures in
the Borough and order the owner in writing to remedy any conditions
found to exist in violation of any provision of the ordinance codified
in this title and/or any approved subdivision and/or site plan by
the land use review board, including any conditions of approval written
in the approval resolution; no structure or land shall be used in
violation of this title and/or any approved subdivision and/or site
plan.
2.
The zoning officer shall be entitled to enter any premises within
the Borough during the normal business day for the purpose of inspecting
for zoning violations, provided that written notice has been sent
via regular and certified mail, return receipt requested, to the last
known record owner at least 48 hours prior to the inspection.
3.
Should any use, land or structure be found by the zoning officer
to exist in violation of any provision of this title and/or any approved
subdivision and/or site plan, such fact shall immediately be orally
communicated to the landowner or his or her appropriate representative
on-site and, thereafter, shall be communicated by the zoning officer
in writing to the landowner or his or her attorney.
A copy of the written communication shall be immediately filed
in the office of the Borough clerk, and additional copies shall be
immediately forwarded to the Borough attorney, to the chairperson
of the land use review board and to the board's attorney.
4.
On the day following the oral communication to the landowner or his
or her representative, the use, land or structure found by the zoning
officer to exist in violation of any provision of this title and/or
any approved subdivision and/or site plan, shall be corrected so as
to conform to this title and any subdivision and/or site plan approval,
or the construction official, at the zoning officer's request, may
revoke the certificate of occupancy and, in any case, shall notify
the Borough attorney and the Borough engineer of the violation via
a written communication.
5.
It shall be the duty of the zoning officer to issue zoning permits
for:
a.
Any proposed construction, reconstruction, alteration, conversion
or addition involving land use in the Borough;
b.
Any change in use from one category of nonresidential use to
another category of nonresidential use;
c.
Any home occupation pursuant to Section 16.80.010(B)(1) of this
title; and
d.
Fences and signs not included as part of a site plan application
pursuant to Sections 16.80.010(B)(3) and 16.80.010(B)(4) of this title.
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A zoning permit shall be approved or denied within 10 business
days after a completed application is submitted to the zoning officer.
The application for the zoning permit shall be accompanied by one
set of plans and one signed and sealed survey of the lot in accordance
with the requirements specified in Subsection (D)(1) of this section.
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D.
Construction Permits.
1.
Every application for a construction permit shall be accompanied
by two sets of plans drawn in ink or a blueprint showing the actual
shape and dimensions of the lot to be built upon; the exact location,
size and height of all existing and proposed structures and substructures;
all existing easements; a delineation and description of any proposed
extension(s) of public utilities; the existing or intended use of
each structure; the number of dwelling units the structure is designed
to accommodate; the number and location of off-street parking spaces
and off-street loading areas; proposed setbacks and the distance(s)
of all building(s) on adjacent lots from the subject lot; and such
other information with regard to the lot and neighboring lots as may
be necessary to determine and provide for the enforcement of this
land development ordinance. Additionally, all requirements for construction
permits contained in the Uniform Construction Code (N.J.A.C. 5:23-2.15)
shall be met. All dimensions on these plans relating to the location
and size of the lot to be built upon shall be based on an actual survey
of the lot by a licensed surveyor in the state of New Jersey. Additionally,
any application for a construction permit shall be accompanied by
a copy of the approved zoning permit.
2.
The fee for each construction permit shall be governed by the terms
of the ordinance entitled "An Ordinance of the Borough of Ship Bottom
in the County of Ocean establishing a State Uniform Construction Code
Enforcing Agency and a Construction Fee Schedule, Pursuant to Chapter
217, Laws of New Jersey 1975 and Title 5, Chapter 23 of the New Jersey
Administrative Code," including any amendments or supplements which
may from time to time be adopted.
3.
A construction permit shall be granted or denied in writing within
20 working days of a complete application unless additional time is
agreed upon in writing by the applicant. One copy of such plans shall
be returned to the owner when such plans have been approved or denied
by the construction official together with such permit as may be granted.
4.
The lot and the location of the structure(s) on such lot shall be
staked out on the grounds before construction is started and a copy
of the construction permit shall be posted conspicuously on the premises
affected whenever construction work is being performed on such premises.
Additionally, all other requirements for construction permit procedures
set forth in the Uniform Construction Code at N.J.A.C. 5:23-2.16 shall
be met.
5.
No construction permit shall be issued for any structure until site
plan, subdivision and variance approvals and zoning permits, as may
be necessary, have been granted by the appropriate federal, state,
county or municipal agency or agencies in accordance with the provisions
of this land development ordinance and until all review and inspection
fees and all local taxes and assessments on the property have been
paid.
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Additionally, any proposed extension(s) of public utilities
shall be reviewed and approved by the Borough engineer prior to the
issuance of a construction permit, and a written communication of
the results of such reviews and a statement of approval or denial
shall be provided by the Borough engineer to the construction official;
the application for the construction permit shall be accompanied by
an additional fee of $500 for such a review when applicable.
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E.
Certificates of Occupancy.
1.
It is unlawful to use or permit the use of any structure or part(s)
of any structure until a certificate of occupancy shall have been
issued by the construction official pursuant to N.J.A.C. 5:23-2.33.
Any change of use from one category of permitted use to another
category of permitted use shall require a new zoning permit and certificate
of occupancy.
Additionally, any use requiring site plan approval shall require
a new certificate of occupancy. It shall be the duty of the construction
official to issue a certificate of occupancy only when:
a.
The zoning officer has determined that the structure or part(s)
of the structure and the proposed use conform to this title and all
other applicable codes and ordinances of the Borough;
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 land
development 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
Borough stating that the utility has been installed and has been inspected
in accordance with the approved plan and is ready for use.
2.
The fee for a certificate of occupancy shall be in the amount established
by the state of New Jersey, Department of Community Affairs, and/or
the Ocean County board of chosen freeholders, as applicable.
3.
Unless additional time is agreed upon by the applicant in writing,
a certificate of occupancy shall be granted or denied in writing within
10 working days from the date that a written notification and a certified
location and as-built survey, signed and sealed by a New Jersey state
licensed surveyor, are filed with the construction official and the
administrative officer stipulating that the erection of the structure
and all required site improvements are completed pursuant to N.J.A.C.
5:23-2.23 and 2.24.
4.
With respect to any finally approved subdivision and/or site plan
or subsection of such subdivision, a certificate of occupancy shall
be issued only upon the written confirmation by the Borough engineer
to the construction official of 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.
Final grading of the property;
f.
Base course (in the case of subdivisions) or final course (in
the case of site plans) of the street or streets serving the property;
g.
Base course (in the case of subdivisions) or final course (in
the case of site plans) of driveways and parking areas;
h.
Landscaping;
i.
Any other improvements required as part of subdivision and/or
site plan approval.
5.
With respect to any individual residential lot within a subdivision
or any building containing townhouses or apartments, a certificate
of occupancy shall be issued only upon the written confirmation by
the Borough engineer to the construction official of the completion
of the following improvements, in addition to those listed in Subsection
(E)(4) of this section, to the extent the improvements are required
as part of a subdivision and/or site plan 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 off
Additionally, a copy of an issued certificate of occupancy shall be
provided by the construction official to the secretary of the land
use placement in the applicable site plan or subdivision application
file.
7.
Should the construction official decline to issue a certificate of
occupancy, his or her reason for doing so shall be stated on two copies
of the application and one copy shall be returned to the applicant.
8.
A certificate of occupancy shall be required for the transfer of
title of any existing structure in the Borough used for commercial
or residential purposes:
a.
No transfer of title by an owner of any real property shall
take place unless and until a new certificate of occupancy has been
received.
b.
It shall be the obligation of the record owner of such real
property to first obtain a new certificate of occupancy prior to the
transfer of title.
c.
No person, persons, partnership, firm or corporation, agents,
servants or representatives of any of the foregoing shall occupy or
allow any person, persons, partnership, firm or corporation to occupy
any structure used for commercial or residential purposes without
first having obtained a certificate of occupancy.
d.
Prior to the transfer of title of any existing commercial or
residential structure, application for a new certificate of occupancy
shall be made by the record owner, in writing, to the zoning officer
and the construction official. The application shall include a written
form, a fee and a current plot plan. The application shall be approved
or denied within 15 working days after receipt of a complete application.
e.
The applicant shall permit the zoning officer, or his or her
designated representative, to enter upon and examine the structure
or structures subject to the certificate of occupancy application
in order to confirm that the subject property conforms to the applicable
zoning provisions of this land development ordinance as a permitted
use or, if not, that the subject property exists as a valid nonconforming
use.
f.
No certificate of occupancy shall be issued until the property
is inspected and the zoning officer, or his or her designated representative,
certifies that the subject property conforms to the applicable zoning
provisions of this land development ordinance as a permitted use or,
if not, that the subject property is a valid nonconforming use.
g.
Smoke alarms/detectors must be installed on each floor as required
by the Uniform Construction Code of the state of New Jersey (N.J.A.C.
5:23-1, et seq.). All smoke alarms/detectors must be in operating
condition at the time of the inspection of the property. Moreover,
any apparently unsafe conditions observed by the zoning officer, or
his or her designated representative, during the inspection of the
property shall be referred to the construction official.
h.
The construction official shall investigate the referrals from
the zoning officer regarding the apparently unsafe conditions and
shall determine what repairs, or other remedial action, is required
to bring the property into compliance with the requirements of the
Uniform Construction Code.
i.
The construction official shall issue a certificate of occupancy
only when the required repairs and/or other remedial action have been
satisfactorily completed in compliance with the Uniform Construction
Code, except that, under extenuating circumstances only, the construction
official may issue a temporary certificate of occupancy in accordance
with Subsection (E)(9) of this section, provided that the temporary
certificate of occupancy is issued only to permit the transfer of
title and not to permit the habitation or occupancy of the subject
property until the construction official has certified that the required
repairs and/or other remedial action have been satisfactorily completed.
j.
Where two or more detached dwelling units exist on one parcel
of land, whether or not they exist under separate ownership, condominium
ownership, time share ownership or any other type of individual or
multiple ownership, the seller(s) shall be required to install separate
water and sewer services and connections for each dwelling unit. If
such services and connections are not installed prior to the issuance
of the certificate of occupancy, the seller(s) shall provide the construction
official with a letter signed by a responsible official of each of
the applicable utility companies stating that the required fees have
been paid by the seller(s) for the required utility connections and
service, and that the required connections and service shall be installed.
9.
A temporary certificate of occupancy may be issued for any new structure
or use for which site plan and/or subdivision approval has been granted
although not all conditions of such approval have been complied with,
provided the following:
a.
Such temporary certificate of occupancy shall be issued only
in extenuating circumstances and only with the concurrent written
approval of the Borough engineer, construction official and zoning
officer who, together, shall establish specific terms and conditions.
b.
The specific terms and conditions shall include, but not be limited to, a timetable not exceeding 90 days for the installation of the incompleted site improvements, and the receipt of a performance guarantee assuring the installation of the improvements as indicated on the approved plat or plan, whether or not such improvements were included within a performance bond in accordance with Section 16.84.020 of this title.
c.
Any temporary certificate of occupancy beyond a ninety-day time
period may be granted by the land use review board.
d.
A temporary certificate of occupancy may be issued by the construction
official for any building or structure not part of a site plan or
subdivision application pursuant to N.J.A.C. 5:23-2.23(e).
10.
A yearly report of the certificates of occupancy issued shall
be filed with the tax assessor. A record of all certificates of occupancy
pursuant to N.J.A.C. 5:23-4.5 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
Borough except that there shall be no charge to a municipal agency.
11.
The following shall be prohibited until a certificate of occupancy
is issued by the construction official:
a.
Occupancy and use of a structure erected, constructed, restored,
altered or moved, when such erection, construction, restoration, alteration
or movement required a construction permit;
b.
Occupancy, use or change in use of vacant land;
c.
Any change of use from one category of permitted use to another
category of permitted use, in accordance with the applicable listings
of permitted uses in this title;
d.
Any change in the use of a nonconforming use or nonconforming
structure.
[Ord. 93-5 § 1003,
1993]
A.
A prospective purchaser, prospective mortgagee or any other person
interested in any land in the Borough which has been part of a subdivision
since 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 land use review board.
1.
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 of such land. A fee in accordance with Section 16.84.010 of this title shall be paid to the administrative officer, on behalf of the Borough, for the requested certificate.
2.
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.
3.
Each certificate shall be designated a "Certificate as to Approval
of Subdivision of Land" and shall certify:
a.
Whether there exists a duly established land use review board
and whether there is a duly adopted ordinance controlling the subdivision
of land;
b.
Whether the subdivision, as it relates to the land shown in
the application, has been approved by the board and, if so, the date
to such approval, and any conditions attached to such approval and
any extensions and terms of such conditions showing that the subdivision,
of which the subject lands are a part, is a validly existing subdivision;
and
c.
Whether such subdivision, if the subdivision 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 title.
[Ord. 93-5 § 1004,
1993]
A.
Penalties.
1.
Any violation of any provision of this title shall be punishable
by imprisonment in the county jail, or any place provided by the Borough
for the detention of prisoners, for any term not exceeding 90 days;
or by a fine not to exceed $1,000, or by a period of community service
not exceeding 90 days. The following individuals shall be subject
to potential punishment:
2.
Each day that a violation continues shall constitute a separate offense
in accordance with the following:
a.
A minimum penalty of $100 per day shall be imposed; and
b.
Any person or entity who is convicted of violating any provision
of this title on land development within one year of the date of a
previous violation of the same provision of this title, and who was
fined for the previous violation, shall be sentenced by the municipal
court an additional fine as a repeat offender. The additional fine
imposed by the court upon such person or entity for a repeated offense
shall not be less than the minimum fine fixed for a violation of the
title, but shall be calculated separately from the fine imposed for
the violation of the title.
3.
The imposition of penalties in this chapter shall not preclude the
Borough 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.
Injunctive and Other Relief. In addition to the preceding remedies,
the Borough may institute and maintain a civil action for injunctive
or other relief as provided in the Municipal Land Use Law (N.J.S.A.
40:55D-1, et seq.) and other applicable laws.
[Ord. 93-5 § 1005,
1993]
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 title, 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.
[Ord. 93-5 § 1006,
1993]
The land use review board, when acting upon an application for development, shall have the power to grant exceptions from the requirements specified in Chapters 16.52 and 16.80 of this title for such application for development if an applicant or his or her agent can clearly demonstrate that, because of peculiar conditions pertaining to his or her land, the literal enforcement of one or more of such requirements is impracticable or will exact undue hardship; however, any exception granted by the land use review board must be reasonable and within the general purpose and intent of the rules, regulations and standards established by this title.
[Ord. 93-5 § 1100,
1993]
This title may be amended from time to time by the Borough council
after the appropriate referrals, notices, hearings and other requirements
of law. In amending this title, the Borough shall comply with all
of the requirements of applicable law.
