[Ord. No. 643; readopted
by Ord. No. 2020-1235]
The primary enforcement officers of this Ordinance shall be
the Construction Official and the Zoning Officer, and their respective
deputies.
Whenever the term "Construction Official" is used in this Ordinance,
it shall mean the Construction Official operating as such in the Borough
of Manville enforcing agency under the State Uniform Construction
Code.
The Mayor and Council shall appoint a Zoning Officer.
The Mayor and Council may also designate as Deputy Zoning Officers,
for the purpose of signing complaints and prosecuting violations of
this Ordinance in the Municipal Court, or any other Court, such other
officers, including but not by way of limitation, the Chief of Police
and members of the Police Department, as said Mayor and Council may
deem advisable.
The same person may be named by the Mayor and Council to serve
as both Construction Official and as Zoning Officer, or the Mayor
and Council may appoint separate persons to said positions.
It shall be the duty of the Zoning Officer, or his duly authorized
assistants or deputies, to examine and inspect any plans, buildings
or premises to determine that they are not in violation of the provisions
of this Ordinance. He shall have the right to enter any building or
premises during the daytime in the course of his duties, except as
otherwise may be proscribed by law.
Where the Zoning Officer, in the course of his duties, determines
that any plans, buildings or premises are in violation of the provisions
of this Ordinance, he shall order the responsible party in writing
to remedy such conditions. Said written order shall specify the nature
of the violation found to exist, the remedy ordered and the time permitted
for such action, the penalties and remedies which may be invoked by
the Borough, and the violator's rights of appeal; all as provided
for by this Ordinance and the laws of the State of New Jersey. A copy
of the written order shall be transmitted to the Construction Official
who shall thereupon cause the Certificate of Occupancy for the building
or premises in question to be held null and void. A new Certificate
shall be required for any further use of such building or premises.
The Zoning Officer shall issue Zoning Permits or Temporary Use
Permits, as appropriate and as provided for elsewhere in this Ordinance.
No such permit shall be issued for any plans which would be in violation
of the provisions of this Ordinance.
The Zoning Officer shall inspect premises after construction
and prior to issuance of a Certificate of Occupancy to assure that
the building in fact does comply with the plans as approved and this
Ordinance. If it does, the Zoning Officer shall issue the Zoning Certificate.
The Zoning Officer shall maintain a permanent record of all
matters considered and all action taken by him. Such records shall
form a part of the records of his office and shall be available for
the use of the Mayor and Council and other officials of the Borough,
County and State. The records to be maintained shall include at least
the following:
a.
Application File. An individual permanent file for each application
for a permit provided for by this Ordinance shall be established at
the time the application is made. Said file shall contain one copy
of the application and all supporting documents, maps and plans; notations
regarding pertinent dates and fees, and the like; as appropriate,
one copy of the resolution of the Board of Adjustment in acting on
the application; and the date the permit applied for was issued or
denied by the Zoning Officer.
b.
Monthly Report. The Zoning Officer shall prepare a monthly report
for the Mayor and Council. Said report shall cite all actions taken
by the Zoning Officer including all referrals made by him; all permits
and certificates issued and denied; and all complaints of violations
received and all violations found by him, and the action taken by
him consequent thereon.
A copy of this monthly report shall also be transmitted by the
Zoning Officer to the Tax Assessor, Planning Board and Board of Adjustment
at the same time it is transmitted to the Mayor and Council.
At the time of application for a construction permit (by whatever
name) to construct, alter or repair a detached one- or two-dwelling-unit
building, to be used exclusively for residential purposes, in a residential
district, the applicant shall also apply to the Zoning Officer for
a zoning permit.
a.
The applicant shall supply the Zoning Officer with the information required by § 30-603d of Chapter 30, Land Development Ordinance, as well as all data required by the State Uniform Construction Code.
b.
The Zoning Officer shall determine that said application conforms
in all respects to the requirements of this chapter, where plans regarding
the construction or alteration of any building or part of any building,
or the change in use of any land or building or part thereof, including
fence, pool, solar panel installations or any other modifications
done to any building, residential structure, or parcel of land, and
an approved site/land survey are reviewed, and shall issue the zoning
permit and sign and stamp all plans and so advise the Construction
Official.
[Amended 8-16-2021 by Ord. No. 2021-1266]
c.
If the Zoning Officer shall determine that said application does
not conform in all respects to the requirements of this chapter, he
shall note in what respects the application does not conform and shall
deny the application. The Zoning Officer shall notify the Construction
Official of such denial and shall advise the applicant of the applicant's
right to apply to the proper board for an appropriate remedy. An applicant
may file an application with the Board of Adjustment for action under
any of its powers without prior application to the Zoning Officer.
Every application for a Zoning Permit, other than an application under subsection 31-1203.1 above, shall require that the applicant shall first have obtained site plan review and approval for from the Planning Board (or, in instances provided for in Chapter 291, P.L. 1975, from the Board of Adjustment). The procedure, regulations and requirements for such site plan review are set forth in Chapter 30, Land Development Ordinance, of the Borough. No Zoning Permit shall be issued unless and until site plan approval pursuant to Chapter 30 shall first have been obtained.
The Certificates and Permits enumerated herein are hereby established
for the equitable enforcement and administration of the provisions
of this Ordinance.
No construction permit (by whatever name the same be called)
as required by the Uniform Construction Code, shall be issued unless
the Construction Official shall first receive or issue, as the case
may be, a Zoning Permit, showing that the plans and intended use of
such building or structure are designed and intended to conform in
all respects to the provisions of this Ordinance and all other applicable
ordinance, laws and regulations.
a.
No Certificate of Occupancy shall be issued unless the Construction
Official shall first receive or issue, as the case may be, a Zoning
Permit or Zoning Certificate, as applicable, showing that said land
and/or premises and the use thereof comply in all respects to the
provisions of this Ordinance and all other applicable ordinances,
laws and regulations.
b.
No land shall be occupied or used and no building shall be occupied
or used, in whole or in part for any purpose whatsoever, until a Certificate
of Occupancy shall have been issued by the Construction Official stating
that the land or building, and the occupation or use of said land
or building, comply with all the provisions of this Ordinance and
all other applicable ordinances, laws and regulations.
c.
No change or extension of use and no alteration of use shall be made
in a nonconforming use of any land or building, without a Certificate
of Occupancy having first been issued by the Construction Official
indicating that such change, extension or alteration is in conformity
with the provisions of this Ordinance and all other applicable ordinances,
laws and regulations.
d.
No change shall be made in the use or occupancy of any land or building
without a Certificate of Occupancy having first been issued by the
Construction Official indicating that such change is in conformity
with the provisions of this Ordinance, and all other applicable ordinances,
laws and regulations. Whenever the ownership or tenancy of a building
other than a building used or occupied exclusively as a dwelling,
shall change, a Certificate of Occupancy shall be obtained indicating
that the use of occupation is in conformity with the provisions of
this Ordinance and all other applicable ordinances, laws and regulations;
such Certificate of Occupancy shall be required in any such case whether
or not there is no change of such use, and to register the name or
names of the party or parties liable for compliance with the terms
of this Ordinance and all other applicable ordinances, laws and regulations.
In any case where the Certificate of Occupancy is required because
of a change in tenancy or ownership, but there is no change in use,
the Construction Official shall issue such certificate without referral
of the matter to the Planning Board and no site plan review shall
be required.
e.
In any case where a Building/Construction Permit is also required,
the Certificate of Occupancy shall be applied for at the same time
that the application for a Construction Permit is filed and shall
be issued within 10 days after the erection or alteration of the building
shall have been completed in conformity with the provisions of this
Ordinance and all other applicable ordinances, laws and regulations.
In any case where no Construction Permit is required, but a Certificate
of Occupancy is required, the Certificate of Occupancy shall be applied
for before the land or building is used or occupied for the purpose
for which the Certificate of Occupancy is sought or, in a case where
the Certificate of Occupancy is required because of a change in the
ownership of tenancy of a building other than a building used or occupied
exclusively as a dwelling, the Certificate of Occupancy shall be applied
for before the land or building is used by the new owner or tenant,
as the case may be; such Certificate of Occupancy shall be used within
10 days after the application therefor, provided the purposed use
or occupation of the land or building shall conform with the provisions
of this Ordinance and all other applicable ordinances, laws and regulations.
f.
A record of all Certificates of Occupancy shall be kept on file in
the office of the Construction Official and copies shall be furnished
upon request to any person having a proprietary or leasehold interest
in the building or land affected, upon payment of the appropriate
fee therefor.
The Zoning Officer is hereby empowered to issue a Zoning Permit
for any plans regarding the construction or alteration of any building
or part of any building, or the change in use of any land or building
or part thereof, in accordance with the following:
a.
For a detached one- or two-dwelling unit building to be used exclusively
for residential purposes in a Residential District, when he shall
determine that such plans are not in violation of the provisions of
this Ordinance.
b.
For any use other than specified in paragraph a., above, when he, with the Approving Authority under the procedures set forth in Article 3 of Chapter 30, Land Development Ordinance, shall determine that such plans are in conformity with the provisions of this Ordinance and the Land Development Ordinance and that same do not require a variance or conditional use from the terms of this Ordinance.
c.
For any use requiring a variance or conditional use permit, upon
receipt of the final approval of the Approving Authority for such
variance or conditional use, and accompanying site plan approval.
The Zoning Officer is hereby empowered to issue a Temporary
Use Permit when he shall determine that the requirements of this ordinance
with respect thereto have been met, and as directed by the Approving
Authority as follows:
a.
In connection with construction or development. It is recognized
that certain types of construction and development require certain
temporary structures and uses incidental thereto; not intended to
remain permanently on the property, and not otherwise permitted by
this Ordinance.
The Approving Authority in its general supervision and site
plan review shall have the power to authorize, for a period not to
exceed one year, the following uses customarily incidental to such
construction and/or development; storage of building supplies and
machinery, the assembly of building materials, temporary trailer or
construction dwelling for use of workmen and supervisors on the site,
and a real estate office located on the tract offered for sale.
The issuance of such permits shall be conditioned upon written
agreement by the owner to remove any structure or structures erected
thereunder and to discontinue such uses upon expiration of the Temporary
Permit. Such permits may be renewed by the Approving Authority annually,
over a period not to exceed three years.
b.
In connection with other temporary uses. It is recognized that there
are certain activities or uses of land and/or buildings which are
by their nature conducted only for a limited period of time and which
may not otherwise be permitted by the provisions of this Ordinance,
but which are of such nature and are so located that they will:
1.
In no way exert a detrimental effect upon land and activities normally
permitted in the zone; or
2.
Contribute materially to the welfare of the Borough particularly
in a state of emergency, or in connection with civic or charitable
functions, under conditions peculiar to the time and place involved;
or
3.
Arise by reason of the requirements of other law with reference to
property.
Such uses may include strictly limited activities, such as outdoor
amusements or circus events by non-profit civic organizations, one-day
auctions ordered by Courts in bankruptcy or other Court-ordered liquidation,
the provisions of temporary quarters for a limited period following
a fire or other casualty loss, or seasonal activity such as the sale
of Christmas trees from an open lot.
Application for a Temporary Use Permit under this subsection
shall be made to the Zoning Officer, and shall be accompanied by a
site plan modified to show such information as may be required in
order to enable the Zoning Officer and approving authority to consider
said matter. Such application shall also set forth in detail the times
and dates for such proposed temporary use, and any other information
which may be required by the Zoning Officer and approving authority.
The Approving Authority shall review such application and, upon
the finding that one or more of the above criteria are met, and upon
finding that the proposed activity or use is of the nature contemplated
hereby, and being guided by other standards set forth in this Ordinance
for the exercise of decision powers by a Board acting pursuant to
this Ordinance, shall direct the Zoning Officer to issue such Temporary
Use Permit.
A Temporary Use Permit issued pursuant to this subsection 31-1204.4b shall be effective only for the period set forth in such Permit, but in no case for a period to exceed six months.
In the event of the denial of such a Temporary Use Permit, the
applicant shall have the right to appeal such determination to the
Board of Adjustment (N.J.S.A. 40:55D-706).
