[1-23-2019 by Ord. No.
1128-18]
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 City. Any action taken by the City
under the terms of this chapter shall give primary consideration to
the above-mentioned matters and to the welfare of the entire community.
[1-23-2019 by Ord. No.
1128-18]
The Planning Board, when acting upon applications for preliminary
or minor subdivision approval or upon applications for preliminary
site plan approval, shall have the power to grant such exceptions
from the requirements for such subdivision or site plan approval as
specified in this chapter if an applicant or agent can clearly demonstrate
that, because of peculiar conditions pertaining to his land, the literal
enforcement of one or more of said requirements is impracticable or
will exact undue hardship; however, any exception granted by the Planning
Board must be reasonable and within the general purpose and intent
of the rules, regulations and standards established by this chapter.
The Zoning Board of Adjustment shall have the power to grant such
exceptions when acting upon applications for preliminary or minor
subdivision approval or for preliminary site plan approval in connection
with applications for a use or "d" variance.
[1-23-2019 by Ord. No.
1128-18]
A.
The Construction Official and Zoning Official. It shall be the duty
of the Construction Official and the Zoning Official of the City to
administer and enforce the provisions of this chapter. No new structure
shall be erected unless a construction permit is obtained from the
Construction Official, and no structure or lot shall be used in violation
of this chapter.
1.
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, which
data shall form a part of the City public records.
2.
It shall be the duty of the Zoning Official to inspect the structures
and land in the City and order the owner, in writing, to remedy any
condition found to exist in violation of the provision(s) of this
chapter. For purposes of this inspection, the Zoning Official or other
designated inspectors shall have the right to enter any building or
premises during reasonable hours, subject to due process of law. Said
order shall specify that the owner must contact the Zoning Official
within 15 days after service of the order to propose a plan to remedy
the violations cited.
3.
In the event that an owner cited for violations of this chapter fails
to propose a remedial plan within 15 days, or in the event that such
plan is deemed unacceptable to the Zoning Official, said Zoning Official
shall so inform the City Clerk and City Attorney. The City Attorney
shall advise the City Clerk and Zoning Official of the legal options
available to facilitate remedial action in each individual case.
4.
Upon notice being served of any land use existing in violation of
any provision(s) of this chapter, the certificate of occupancy for
such shall thereupon, without further notice, be null and void, and
a new certificate of occupancy shall be required for any further use
of the structure or land.
B.
Construction Permits. Construction permits shall be required as provided
by the State Uniform Construction Code, its subcodes, and regulations
promulgated pursuant thereto. Fees for construction permits shall
be in accordance with the applicable ordinances of the City.
C.
Certificate of occupancy.
1.
Upon the completion of any building, structure or alteration in compliance
with this chapter and any other ordinance, rule or regulation, the
owner or his agent shall apply to the Construction Official, in writing,
for the issuance of a certificate of occupancy for said structure,
building or alteration pursuant to the provisions of this section,
but only when:
a.
The structure or part(s) thereof and the proposed use conform
to this chapter and all other applicable codes and ordinances of the
City;
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 chapter;
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
City, stating that the utility has been inspected in accordance with
the approved plan and is ready for use.
2.
Every application for a certificate of occupancy shall be accompanied
by payment of the fee in accordance with the applicable ordinances
of the City.
3.
The Construction Official shall issue or deny a certificate of occupancy
to the owner of every structure, building or alteration entitled to
same, within 10 days from the date that a written notification is
filed with the Construction Official, unless additional time is agreed
upon by the applicant, in writing, and according to the procedures
set forth in the New Jersey State Uniform Construction Code, and in
this chapter.
4.
With respect to any finally approved subdivision, site plan, or subsection
thereof, a certificate of occupancy shall be issued only upon the
completion of the following improvements:
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.
Rough grading of the property.
f.
Base course of the street or streets serving the property.
g.
Base course of driveways and parking areas.
5.
With respect to any individual residential lot, a certificate of
occupancy shall be issued only upon the completion of the following
improvements, in addition to those listed in § 17-1003(C)(4)
hereinabove, to the extent the same are required as part of final
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 Official
upon request.
7.
Should the Construction Official decline to issue a certificate of
occupancy, his reason for doing so shall be stated on two copies of
the application, and one copy shall be returned to the applicant.
8.
A temporary certificate of occupancy may be issued for a new structure
or use for which site 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 with the approval of the Construction Official, who shall establish
specific terms and conditions, including, but not limited to, a time
limit for the installation of the incomplete improvements and the
receipt of an appropriate performance guarantee assuring the installation
of the improvements as indicated on the approved plat or plan.
9.
A monthly report of the certificates of occupancy issued shall be
filed with the Tax Assessor. A record of all certificates of occupancy
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 City Council except
that there shall be no charge to a municipal agency.
10.
The following shall be unlawful until a certificate of occupancy
is issued by the Construction Official:
[1-23-2019 by Ord. No.
1128-18]
A.
A prospective purchaser, prospective mortgagee or any other person
interested in any land in the City which has been part of a subdivision
in effect as of July 14, 1973, may apply, in writing, to the Planning
Board Secretary for the issuance of a certificate certifying whether
or not such subdivision has been duly approved by the Planning Board.
B.
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 thereof. A fee shall be paid to the Planning Board Secretary,
on behalf of the City, for the requested certificate.
C.
The Planning Board Secretary shall make and issue such certificate
within 15 days after receipt of the written application and accompanying
fee. The Planning Board Secretary 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.
D.
Each certificate shall be designated a "Certificate as to Approval
of Subdivision of Land" and shall certify:
1.
Whether there exist a duly established Planning Board and whether
there is a duly adopted ordinance controlling the subdivision of land;
2.
Whether the subdivision, as it relates to the land shown in the application,
has been approved by the Planning Board and, if so, the date of such
approval, any conditions attached to such approval and any extensions
and terms thereof showing that the subdivision, of which the subject
lands are a part, is a validly existing subdivision; and
3.
Whether such subdivision, if the same 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 chapter.
[1-23-2019 by Ord. No.
1128-18]
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;
or any building, structure or land is used in violation of, or contrary
to, any approved site plan or subdivision plat, including any conditions
made thereto, the City 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.
[1-23-2019 by Ord. No.
1128-18]
A.
Fines. Any violation hereunder shall be considered an offense punishable
by a fine not to exceed $1,250 for each offense or imprisonment for
a term not exceeding 90 days, or both. The following rules shall apply
in determining responsibility for violations and penalties:
1.
The owner, general agent, contractor or occupant of a building, premises
or part thereof where such a violation has been committed or does
exist shall be guilty of such an offense.
2.
Any agent, contractor, architect, engineer, builder, corporation
or other person who commits, takes part or assists in such violation
shall be guilty of such offense.
3.
Each day that a violation continues after notification that it exists
shall constitute a separate offense.
4.
The imposition of penalties herein shall not preclude the City 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.
Selling Land Before Final Subdivision Approval.
1.
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 chapter, except
pursuant to an agreement expressly conditioned on final subdivision
approval, such person shall be subject to a penalty not to exceed
$1,250, and each lot disposition so made may be deemed a separate
violation.
[1-23-2019 by Ord. No.
1128-18]
If the provisions of any section, subsection, paragraph, subdivision,
or clause of this Section 1000 shall be judged invalid by a court
of competent jurisdiction, such order of judgment shall not affect
or invalidate the remainder of any section, subsection, paragraph,
subdivision, or clause of this Section 1000.
