[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; Ord. 2001-9 § 1, 2001; Ord. No. 2024-07, 2-27-2024]
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:
a. 
Issue a stop work order pending the correction of such improvement or the resolution of any dispute; and/or
b. 
Refer the matter via a written communication to the land use review board for its review of the matter and reconsideration of its prior approval(s).
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:
a. 
Issue a stop construction order pending the correction of such construction or the resolution of any dispute; and/or
b. 
Assess a monetary penalty.
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.
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.
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.
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.
[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:
a. 
The owner, general agent, contractor or occupant of a building, premises or part of a premises where such a violation has been committed or does exist; and
b. 
Any agent, contractor, architect, engineer, builder, corporation or other person who commits, takes part or assists in the violation.
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.
B. 
In addition to the preceding remedies, the Borough may institute and maintain a civil action:
1. 
For injunctive relief;
2. 
To set aside and invalidate any conveyance made pursuant to such a contract or sale, if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
[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.