[Ord. No. 564, 9-6-2000]
These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety,
morals and general welfare of the citizens of the Borough. All actions
taken by the Borough under the terms of this chapter shall be governed
by these considerations.
[Ord. No. 564, 9-6-2000]
The 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 exceptions from the requirements for subdivision or site plan approval as specified in Article V of this chapter if an applicant or agent of an applicant can clearly demonstrate that, because of peculiar conditions pertaining to the land, the literal enforcement of one or more of said requirements is impracticable or will exact undue hardship; however, any exception granted by the Board must be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
[Ord. No. 564, 9-6-2000]
A.
The Construction Official, Code Enforcement Officer and the Zoning
Officer. It shall be the duty of the Construction Official, Code Enforcement
Officer and Zoning Officer of the Borough to administer and enforce
the provisions of this chapter. No structure or lot shall be used
in violation of this chapter.
[Added 12-28-2005 by Ord.
No. 632]
(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 Borough's public records. A monthly
report of construction permits shall be filed with the Tax Assessor
and the Borough Council.
(2)
It shall be the duty of the Zoning Officer to inspect the structures
and land in the Borough for compliance with this chapter and, if a
violation is found, to order the owner in writing to comply with the
provisions of this chapter. For purposes of this inspection, the Zoning
Officer shall have the right to enter any building or premises during
reasonable hours subject to due process of law. Said order shall specify
a reasonable time period, depending upon the nature of the violation,
within which the owner must bring the subject structure or land into
compliance with this chapter.
(3)
In the event that an owner cited for violation of this chapter fails
to bring the subject structure or land into compliance with this chapter
within the time ordered by the Zoning Officer, the Zoning Officer
shall issue a summons or summonses for the imposition of the appropriate
fines and penalties. The Zoning Officer shall inform the Borough Council
of summonses issued.
[Amended 9-7-2005 by Ord.
No. 630]
(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 use shall thereupon, without further notice, be null and void,
and a zoning permit and new certificate of occupancy shall be required
for any further use of the structure or land.
(5)
Permit records and reports.
[Added 12-28-2005 by Ord.
No. 632]
(a)
It shall be the duty of the Zoning Officer and Code Enforcement
Officer to keep records of all applications for permits and records
of all permits issued, with a notation of all special conditions involved.
He shall file and safely keep copies of all plans submitted, and the
same shall form a part of the records of his office and shall be available
for the use of the Borough Council and of other officials of the Borough
of Frenchtown, the county, the state and the public. Records shall
not be removed except with the written consent of the Zoning Officer
and Code Enforcement Officer.
(b)
The Zoning Officer and Code Enforcement Officer shall prepare
a monthly report for the Borough Council and Planning Board summarizing
for the period since his last previous report all permits and certificates
issued by him and all complaints of violations and the action(s) taken
by him consequent thereon.
B.
Construction permits.
[Added 12-28-2005 by Ord.
No. 632]
(1)
Prior to the issuance of a construction permit, a zoning permit must
first be issued by the Zoning Officer and Code Enforcement Officer.
(a)
No person, corporation or agent shall construct, move, alter
or change the use of any building or use of any land without first
applying for and receiving a zoning permit.
(b)
The provisions of this chapter shall be administered and enforced
by the Zoning Officer and Code Enforcement Officer of the Borough
of Frenchtown. In no case shall a permit be granted for the construction
or alteration of any building where the proposed construction or alteration
or use thereof would be in violation of any provision of this chapter.
It shall be the duty of the Zoning Officer and Code Enforcement Officer
or his duly authorized assistants to cause any building, plans or
premises to be inspected or examined and to order, in writing, the
remedying of any conditions found to exist in violation of any provision
of this chapter and he shall have the right to enter any building
or premises during the daytime in the course of his duties.
(2)
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 ordinance(s) of the Borough.
(3)
No construction permit shall be issued unless all local taxes and
assessments on the property have been paid and the escrow account
contains sufficient funds to pay all pending invoices in connection
with the approval of the development plus the deposit required for
inspection fees.
(4)
No construction permit shall be issued by the Construction Official
unless the Zoning Officer and Code Enforcement Officer has first issued
a zoning permit certifying that the proposed use and construction
conforms to this chapter and other applicable codes and ordinances
of the Borough and that all required site plan, subdivision, conditional
use and/or variance approvals have been granted, all required fees
have been paid, and all developer's agreements, as may be necessary,
have been executed with the appropriate Borough agency or agencies
in accordance with the provisions of this chapter and that the proposed
use and construction are thereby permitted or are permitted subject
to the satisfaction of certain conditions prior to the issuance of
a certificate of occupancy.
(5)
The Secretary of the Planning Board shall provide a copy of all preliminary
and final site plans and subdivisions as approved by the Planning/Zoning
Board of Adjustment along with copies of the resolution(s) approving
the applications and of all applicable professional review reports
confirming that the conditions referred to therein have been met,
along with any other material deemed relevant to the approval(s) that
have been granted, to the Zoning Officer and Code Enforcement Officer
for enforcement of the terms and conditions of any and all prior approvals.
(6)
A zoning permit shall be required prior to the issuance of a construction permit: (a) where there is a change in use from residential to commercial, commercial to residential, single family residential to multifamily residential; (b) where there is a change from one commercial use to another and the new use is not specifically listed as a permitted use in that zone; (c) where there is a change in use which requires more parking than required by the previous use and, as noted in § 50-504B(1), site plan approval is required; (d) where there is a change in the "footprint" or height of the structure or structures on the property or changing the impervious coverage of the lot; (e) where the size of the use is proposed to increase beyond the maximum permitted size of an individual use in the zone; (f) where there is a change to a conditional use on the property.
[Added 11-2-2016 by Ord.
No. 775]
C.
Certificates of occupancy.
(1)
Upon the completion of any building, structure or alteration in compliance
with this chapter and any other ordinance, rule, or regulation of
the Borough, 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. A certificate of occupancy shall only be issued when:
(a)
The structure or part(s) thereof has been found by the Construction
Official and the proposed use has been found by the Zoning Officer
to conform to this chapter and all other applicable codes and ordinances
of the Borough;
(b)
Required site plan, subdivision, conditional use and/or variance
approvals have been granted, all required fees have been paid and
all developers agreements, as may be necessary, have been executed
with the appropriate Borough agency or agencies in accordance with
the provisions of this chapter and the Zoning Permit previously issued
and the foregoing has been certified by the Zoning Officer;
(c)
All local taxes and assessments on the property have been paid
and the escrow account contains sufficient funds to pay all pending
invoices in connection with the development;
(d)
Confirmation from each utility company has been received by
the Borough stating that the utility facilities have been constructed
and inspected and are in accordance with the approved plan and are
ready for use; and
(e)
Certified as-built grading plans have been submitted to and
approved by the Borough Engineer.
(2)
Every application for a certificate of occupancy shall be accompanied
by the payment of a fee in accordance with the applicable ordinances
of the Borough.
(3)
The Construction Official shall issue a certificate of occupancy
upon application therefor within the time and according to the procedures
set forth in the New Jersey State Uniform Construction Code and this
chapter.
(4)
With respect to any subdivision, site plan or any section of a subdivision
or site plan having final approval, a certificate of occupancy shall
be issued only upon the completion of the following improvements if
such improvements have been required as part of the subdivision and/or
site plan approval:
(a)
Curbs.
(b)
All utilities.
(c)
Water supply and sewage 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 within a subdivision,
a certificate of occupancy shall be issued only upon the completion
of the following improvements, in addition to those listed above,
to the extent that same have been required as part of subdivision
approval:
(6)
With respect to the commencement of any use or the reoccupancy of
any premises which does not entail a construction permit, a certificate
of occupancy shall only be issued after the issuance of a zoning permit,
as defined in this chapter, by the Zoning Officer.
(7)
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
or Zoning Officer upon request.
(8)
Should the Construction Official decline to issue a certificate of
occupancy, his reason(s) for doing so shall be stated on two copies
of the application and one copy shall be returned to the applicant.
(9)
A temporary certificate of occupancy may be issued for a new structure
or use for which site plan 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 and Zoning
Officer, who shall establish specific terms and conditions, including
but not limited to a time limit for the installation of the uncompleted
improvements and the receipt of an appropriate performance guarantee
assuring the installation of the improvements as indicated on the
approved plat or plan.
(10)
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 Borough Council,
except that there shall be no charge to a Borough agency.
[Ord. No. 564, 9-6-2000]
A.
A prospective purchaser, prospective mortgagee or any other person
interested in any land in the Borough which has been part of a subdivision
in effect as of February 4, 1986, 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 Planning Board.
B.
Such application shall contain a diagram showing the location and
dimensions of the land to be conveyed by the certificate and the name
of the owner thereof. A $10 fee shall be paid to the Administrative
Officer, on behalf of the Borough, for the requested certificate.
C.
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.
D.
Each certificate shall be designated a "Certificate as to Approval
of Subdivision of Land" and shall certify:
(1)
Whether there exists 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 subdivision approval as provided in
N.J.S.A. 40:55D-1 et seq. and as defined in this chapter.
[Ord. No. 564, 9-6-2000]
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 and/or subdivision plat, including any
conditions of approval thereto, the Borough 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.
[Ord. No. 564, 9-6-2000]
A.
Fines. Any violation hereunder shall be considered an offense punishable
by a fine not to exceed $1,000 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 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 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.
Selling land before final subdivision approval.
(1)
If, before final subdivision approval 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 Borough 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 disposition of each lot so made shall be deemed a
separate violation.
