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 Bedminster Township. Any action taken by the Township under the terms of this Land Development chapter shall give primary consideration to the above mentioned matters and to the welfare of the entire municipality. However, if an applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations within or referred to within Article
13-200 and/or Article
13-500 and/or Article
13-800 of this Land Development chapter is impracticable or will exact undue hardship, the appropriate municipal agency may permit exception or exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this Land Development Ordinance.
It shall be the duty of the Township Engineer, the Township
Construction Official and the Township Zoning Officer to administer
and enforce the provisions of this Land Development chapter.
[Ord. #89-9, § 2; Ord. #92-27, § 3]
a. It shall be the duty of the Construction Official to monitor the construction of any building or structure in the Township. No new structure, and no improvement to the interior of any existing structure exceeding $2,000 in cash value shall be undertaken until a construction permit is obtained from the Construction Official in accordance with subsection
13-1002.4 of this Land Development chapter.
b. 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, including
the actual elevation (NGVD) of the lowest floor area of any structure
and/or the elevation to which a structure has been flood-proofed in
floodplain areas, 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.
c. 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 orally communicated to the landowner
or his/her appropriate representative on-site and, thereafter, shall
be communicated by the Construction Official in writing to the landowner
or his/ her attorney. A copy of the written communication shall be
immediately filed in the office of the Township Clerk.
d. On the day following the oral communication to the landowner or his/her
representative, 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 the Construction Official
may:
1. Issue a 'stop work' order pending the correction of said construction
or the resolution of any dispute; and/or
2. Revoke the applicable construction permit.
The landowner immediately shall comply with any issued 'stop
work' order and/or any other conditions imposed by the Construction
Official.
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[N.J.S.A. 40:55DF-55; Ord. No. 2010-016]
a. If, before final subdivision has been granted, any per-son, as owner
or agent, transfers or sells or agrees to transfer or sell any land
which forms a part of a sub-division 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 a penalty not to exceed
$1,000 and each lot disposition so made may be deemed a separate violation.
b. In addition to the foregoing, the Township may institute and maintain
a civil action:
1. For injunctive relief; and
2. To set aside and invalidate any conveyance made pursuant to such
a contract of sale, if a certificate of compliance has not been issued
in accordance with N.J.S.A. 40:55D-56.
[Ord. #90-10, § 1; Ord. #91-06, § 1;
Ord. #95-38, § 1; Ord. #2002-02, § 1; Ord. #2001-17,
§ 1; Ord. #2002-39, § 1; Ord.
No. 2008-012, § 1]
a. It is recognized that it may be in accordance with the purposes of
the Land Development Ordinance of the Township of Bedminster and the
Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.) to permit activities
for a limited period of time, under very specific conditions, which
activities may be prohibited by other provisions of the aforesaid
ordinance, if such uses are of such a nature and are so located that
at the time of petition they would:
1. Not exert a substantially detrimental effect upon the uses of land
and activities normally permitted in the district in which the activity
is proposed;
2. Contribute materially to the good and welfare of the Township or
its residents;
3. Be temporary in nature and not substantially undermine the Township
Master Plan and/or Land Development Ordinances, and
4. Not substantially intrude into areas under Planning Board or Board
of Adjustment control.
b. Then, if it finds the above, the Township Committee of the Township
of Bedminster may, in its sole discretion, grant a special use permit
for such activity and no other application or action shall be required
of the petitioner in receipt of such special use permit. The Township
Committee may refer such special use permit request to any agency,
department or board prior to its decision for comment, but the Township
Committee shall not be bound by the same. The Township Committee shall
limit the time period for which the special use permit shall be valid
and shall impose any conditions upon the special use permit which
it deems appropriate.
c. Either the Township Administrator or the Township Engineer shall
have the authority to require the applicant for a special use permit
to give notice of the application to the owners of all real property,
as shown on the current tax duplicate, within two hundred (200') feet
in all directions of the property which is the subject of such application.
If neither the Township Administrator nor the Township Engineer shall
require the applicant to give such notice, the Township Committee,
nonetheless, reserves the right to require the applicant for a special
use permit to give such notice. If notice shall be required, the notice
shall contain a designation of the property which is the subject of
the application by lot and block and street address and shall contain
a description of what use the applicant is requesting and also at
what meeting the application will be heard (address, date and time
of meeting) and that the recipient of the notice shall have the right
to be heard relative to the application. Notice shall be given by
(1) serving of copy thereof on the property owner as shown on the
said tax duplicate or his agent in charge of the property or (2) mailing
a copy thereof by certified mail (return receipt requested) to the
property owner at the address as shown on the said tax duplicate.
The applicant shall also cause a copy of the aforesaid notice to be
published once at least five business days before the Township Committee
meeting at which the application will be heard.
d. The applicant for a special use permit shall pay to the Township, at the time the application is filed, a two hundred ($200.00) dollar fee to cover administrative expenses, the same being non-refundable. In addition to the said fee either the Township Administrator or Township Engineer shall have the authority to require an escrow account of up to $750 to be established for the purpose of covering the costs of professional services including engineering, planning, legal and other expenses connected with the review of the application. The escrow will be held and administered in accordance with the provision of Section
13-901, et seq. of the Bedminster Land Development Ordinance and the governing State statutes. If neither the Township Administrator nor the Township Engineer shall require the applicant to post an escrow account fee, the Township Committee, nonetheless, reserves the right to require the applicant for a special use permit to post such escrow account fee.