[1991 Code § 81-9; Ord. No. 1997-1]
No person shall construct, reconstruct, erect, alter, enlarge,
repair, relocate or demolish any building or structure in the Borough
unless and until a permit therefor is issued by the Construction Official
in accordance with the terms and provisions of this article, and no
person, whether as owner, contractor, builder, mechanic, workman or
laborer, shall do any work in or about the construction, reconstruction,
erection, alteration, enlargement, repair, relocation or demolition
of any building or structure in the Borough unless and until a permit
therefor is issued by the Construction Official in accordance with
the terms and provisions of this article, provided that no permit
shall be required for the marking of repairs costing less than $100
where such repairs do not involve the cutting away of any wall or
part thereof or the removal or cutting away of any beam or support
or changing any stairway, elevator, fire escape or means of ingress
or egress or otherwise affect the safety of the building or structure
to be repaired.
[1991 Code § 81-10]
Zoning permits shall be secured from the Zoning Officer prior
to construction, erection or alteration of any building or structure
or part thereof costing more or having a value of more than $100.
All requests for zoning permits shall be made, in writing, by the
owner or his authorized agent and shall include a statement of the
use or intended use of the building or structure and shall be accompanied
by a plan drawn to scale and dimensions showing the proposed building
in its exact relation to lot and street lines and by a written statement
from the Borough Engineer or other satisfactory evidence to the effect
that the line of the bounding street or streets has been accurately
located and staked on the ground.
[1991 Code § 81-11; Ord. No. 1997-1]
A.
Permit Required. No person shall move any building or structure through
any streets of the Borough without a permit issued as hereinafter
provided.
B.
Application. Any person desiring to move any building or structure
shall make application to the Construction Official for a permit.
The application shall designate the streets through which the moving
will be done, the dimensions of the building, the estimated length
of time required for such moving and such other facts as the Clerk
may require. The permit may be applied for by the owner of the building
or structure to be moved or by the mover or contractor.
C.
Bond Required. The applicant shall file with the Borough Clerk a
bond in the amount of $5,000, with sureties satisfactory to the Clerk,
conditioned for the payment of any damage or injury to the trees,
streets or other Borough property along the designated route and for
the replacement of any trees or other Borough property destroyed by
the moving and further conditioned for the payment of any additional
fee due the Borough for exceeding the time limit fixed for such moving.
D.
Removal of Wires and Cables. The person receiving a permit shall
arrange for, at his own expense, the removal of any wires or cables
which may interfere with the moving. If any wires or cables which
may interfere with the moving pertain to the fire alarm system or
police telephone system or any other municipal system of the Borough,
then the person receiving such permit shall arrange for, at his own
expense, the removal of wires so as not to interfere in any manner
with the continual operation of such systems of the Borough.
E.
Traffic Control. All the moving operations as they relate to the
problem of traffic shall be done under the supervision of the Chief
of Police and at such times as may be fixed by the Chief of Police.
F.
Barricades and Detour Signs. It shall be the duty and obligation
of the contractor engaged in the moving operations to furnish and
place barricades and detour signs which may be necessary for the proper
diversion of motor vehicle traffic.
[1991 Code § 81-12; Ord. No. 1997-1]
No building or structure hereafter constructed or altered shall
be occupied or used in whole or in part for any use whatsoever and
no change of use of any building or structure or part thereof shall
hereafter be made until an occupancy permit has been issued by the
Construction Official certifying that the building or use complies
with provisions of this article and with the zoning permit issued
therefor, if any. Such occupancy permits shall be issued by the Construction
Official or denied within 10 days from the date of written application
therefor.
[1991 Code § 81-13; Ord. No. 1997-1]
A.
No permit authorized under the terms and provisions of this article
shall be issued except upon application to the Construction Official.
Every such application shall be made, in writing, by the owner of
the premises or by his duly authorized agent, shall be in such form
as may be required from time to time by the Construction Official
and shall include a detailed statement of the name and address of
the owner, the nature of the proposed work, the location of the land
on which it is to be done, the nature of the soil at the level of
the footings, the total estimated cost of the work and such other
information as the Construction Official may require. A separate permit
shall be necessary for each detached building or structure, and no
permit shall be issued until the prescribed fee therefor is paid to
the Construction Official.
B.
Every application for a permit to construct, reconstruct, erect,
enlarge, alter or repair any building or structure shall be accompanied
by one set of drawings, in ink, on paper or cloth or blueprints and
shall show all dimensions in figures and shall be accompanied also
by one set of specifications fully describing the contemplated work.
All drawings submitted with the application shall include plans, elevations
and cross sections drawn to a scale of not less than 1/8 inch to the
foot and shall clearly disclose all details of trusses and girders;
the size and locations of all footings, walls, columns, piers and
chimneys; the location of all heating apparatus and plumbing fixtures;
and the arrangement and size of all supply pipes, drains, vents and
sewers.
C.
A plot plan showing the location and nature of all existing buildings
on the premises and the location of all proposed building or construction
shall accompany each application for a permit.
D.
Any permit issued under this article is automatically revoked if
the work covered thereby is not actually commenced within one year
after the date on which such permit was issued.
E.
No changes shall be made in the plan, location, construction, design
or materials of any building, structure or work for which a permit
is issued unless and until written notice of such proposed change
is given to the Construction Official and his written assent to such
change is obtained.
F.
Any permit issued under the provisions of this article may and shall
be revoked by the Construction Official when the work covered thereby
is not prosecuted in accordance with the terms of the permit and in
accordance with the approved plans and specifications or when the
work is prosecuted in violation of any of the terms or provisions
of this article or of any other ordinance of the Borough or in violation
of the laws of the State of New Jersey relating to the work. Notice
of such revocation shall be given by the Construction Official, in
writing, to the owner or to his agent or to the builder or contractor,
and all work shall immediately be suspended until the cause of such
revocation is removed or corrected and the Construction Official has
reinstated the permit in writing.
G.
The owner or his agent or the builder or contractor shall notify
the Construction Official when he proposes to begin the work covered
by any permit, and he shall also notify the Construction Official
when he proposes to begin the work of lathing or plastering in order
that an inspection may be made before such lathing or plastering is
done.
[Ord. No. 2010-09; Ord. No. 2014-05]
A.
Purpose. The purpose of this section is to provide a fair and comprehensive
process prior to the issuance of a demolition permit in order to permit
adequate consideration of all issues related to demolition activities.
This section is also intended to protect the safety and welfare of
adjoining property owners from damage that may be caused by the demolition.
B.
ACCESSORY STRUCTURE
ADJOINING PROPERTIES
DEMOLITION
PRINCIPAL STRUCTURE
SELECTIVE DEMOLITION
As used in this section, the following terms shall have the meanings
indicated:
A structure which is subordinate to and serves a principal
structure; is subordinate in area, extent and purpose to the principal
structure; contributes or has contributed to the comfort, convenience
or necessity of the principal structure, and is located on the same
parcel or property as the principal structure.
Any property having a common boundary, and any property which
would have a common boundary if not interrupted by a street, alley
or other right of way.
The razing and removal of all or at least 60% of the first
floor footprint of a principal or accessory structure.
The building in which the principal or primary use on the
lot is conducted.
Anything less than 60% of the first floor footprint of a
principal or accessory structure. All projects which fall within this
category shall be submitted to the Historic Preservation Commission
(HPC) for determination if application to the Commission is required,
and to allow the HPC to document the structure before any selective
demolition is performed.
C.
Demolition Permits:
(1)
Permit Required. The demolition of any building or structure shall
require a demolition permit which has been reviewed and approved by
the Construction Official and the Zoning Officer in conformance with
this section and applicable law. Nothing contained in this section
shall limit the authority of the Construction Official or other appropriate
Borough official to order a structure demolished in a life- or health-threatening
emergency situation, or as may be otherwise authorized by state statute,
other Borough Ordinance or the common law.
(2)
Application. Principal structure. In order to obtain a demolition
permit for the demolition of any principal structure, a demolition
permit application form must be completed and submitted to the Construction
Official and the Zoning Officer. The only other person or entities
that shall be consulted are the Historic Preservation Commission and
Environmental Commission. The demolition permit application shall
contain the following information:
(a)
Property address, block and lot and current legal owner of property.
(b)
Site Plan identifying all buildings and structures to be demolished
and the location and size of all remaining structures, including pictures
of all sides of all the buildings to be demolished.
(c)
Whether the buildings or structures on the property are listed
on the National Register of Historic Places, are located within the
Borough's Historic District, identified in the Borough's Master Plan
or subsequent Re-examination Report, or are located within 150 feet
of a federal, state or local historic district or are listed within
the state, national or local Historic Register.
(d)
If commencement of construction of a new principal structure is not planned to occur within 60 days after the completion of demolition, the application shall include a detailed site restoration and maintenance plan depicting all work required to restore the subject property to a safe, clean condition until construction of a new structure has commenced, including without limitation backfilling of any excavation, grading, seeding, fencing, stormwater management and utility disconnections. During the sixty-day period the site shall be maintained in a safe and secure manner meeting the requirements of Subsection C(5)(a) through (d) (Review Standards).
(e)
At the Zoning Officer's discretion, for structures or portions
of structures less than 5,000 square feet; in addition to all other
required plans and specifications, the application shall include detailed
plans and specifications for stormwater management, soil erosion control
and grading on the subject property. Such plans and specifications
shall be on a drawing or drawings separate from all other plans and
specifications labeled "Stormwater Management Plans." Additionally,
such plans and specifications shall be in conformance with the requirements
of the Borough's Stormwater Management Ordinance.
(f)
A tree preservation plan shall be submitted identifying all
trees with a six-inch diameter or larger trunk located on the subject
property, within 25 feet of the structure to be demolished. The plan
shall identify any trees which would be removed as a consequence of
the demolition and provide for their replacement.
(g)
Provide proof that a pest control expert has investigated the
property and either removed all pests or deemed it pest free. Pests
include, but are not limited to carpenter ants, termites, rodents
and other small mammals.
(h)
Provide proof that structure has no lead paint or asbestos by
providing report from professional of these fields, or provide report
that all lead paint and asbestos has been removed in accordance with
appropriate requirements.
(3)
Application; Accessory Structure. Demolition permit applications for accessory structures shall be submitted to the Construction Official and the Zoning Officer. Demolition permit applications for accessory structures shall be submitted with all information set forth in Subsection C(2) of this section.
(a)
Exceptions. A demolition permit shall not be required for the
demolition of an accessory structure with a footprint of 120 square
feet or less.
(4)
Application Review. The Construction Official and the Zoning Officer
shall be responsible for the processing, review and approval of demolition
permit applications. Within five business days of the submission of
a complete demolition permit application for a principal structure,
and in accordance with N.J.A.C. 5:23-2.34 (Protection of Adjoining
Properties), the Applicant shall notify all owners of adjoining properties
by Certified Mail, Return Receipt Requested. All information submitted
shall be available for public inspection during normal business hours
in the Borough Offices.
(a)
A demolition permit for a principal structure shall not be issued
within the first 30 days from the receipt of a completed demolition
permit application but in no event shall a demolition permit for a
principal structure be issued later than 60 days from the receipt
of a completed demolition permit application.
(b)
The demolition of a principal or accessory structure may also be sought as part of a subdivision or site plan application. Any such application including the proposed demolition of a structure shall include all information set forth in Subsection C(2) of this section.
(c)
A completed permit application shall be submitted to the Planning
Board for record purposes only.
(d)
A complete demolition permit application shall also be referred
to the Historic Preservation Commission and Environmental Commission
for review and report prior to the issuance of a demolition permit.
(5)
Review Standards, Requirements. The Construction Official and the
Zoning Officer shall review all demolition permit applications in
accordance with this section and the Borough Ordinances, including
the following standards:
(a)
The granting of a demolition permit shall not be detrimental
to the public health, safety and general welfare of the Borough or
its residents.
(b)
Adequate utilities, access ways, drainage and other necessary
facilities and protective measures shall be provided.
(c)
Any new structure or use to be constructed on the subject property
shall conform to the applicable requirements of this Zoning Ordinance
unless the applicant has first applied for and been granted, a variance
by the Borough's Planning Board.
(d)
The applicant shall demonstrate conformance with N.J.A.C. 5:23
2.17, 2.34 and all other applicable laws and regulations.
(6)
If the Construction Official and the Zoning Officer issue a demolition
permit, the demolition shall take place in accordance with the provisions
of the Borough's Building Code in force at that time, the requirements
of this article and any additional requirements or conditions imposed
by the Construction Official or Zoning Officer. Proof of the disconnection
of utilities serving the structure shall be provided to the Construction
Official at least 15 days prior to the commencement of demolition.
(7)
Silt/Construction fencing shall be installed as approved by the Construction Official. Such fencing shall be removed no later than the completion of restoration as required by Subsection C(8) below. Required restoration or rough grading, when allowed by the Construction Official, shall be completed no later than 45 days after the completion of demolition.
(8)
Barring a force majeure event, if construction or reconstruction
of a new principal structure has not commenced within 60 days of the
completion of demolition, the subject property site shall be restored
within 15 days. Restoration of the property shall include without
limitation: permanent disconnection of sewer and water, if applicable,
at mains, final grading and seeding, the removal of dangerous conditions,
rubbish and debris, restoration of damaged public property and removal
of safety and tree protection fencing. If weather does not permit
final grading and seeding. The Construction Official may permit rough
grading until weather conditions permit final grading. Silt fencing
and other stormwater measures shall remain in place in accordance
with the Borough's Stormwater Ordinance.
(9)
Demolition Bond. The applicant shall post with the Clerk of the Borough,
at the time of issuance of the permit for the demolition of a principal
or accessory structure, a demolition performance bond, letter of credit
or cash equivalent in the amount of 10% of the cost of demolition
or $10,000, whichever is less. Such Bond shall be in addition to all
other application and processing fees, costs, escrows, bonds and other
performance securities.
(a)
The Borough shall have the right at all times, upon notice,
at its option, to draw on the demolition bond or cash equivalent for
costs, including legal fees and administrative expenses, incurred
or to be incurred by the Borough in exercising any of its rights under
this section in the event the applicant undertakes any work in violation
of any provisions of this section.
(b)
If the Borough draws on the demolition bond, or cash equivalent, the applicant shall replenish the bond, or cash equivalent, to the full amount required under Subsection C(9) above immediately after demand is made to the applicant in writing by the Borough. Any failure of the applicant to replenish the bond shall result in cancellation of the related permit, which permit shall not be reissued thereafter except after the filing of a new application, payment of the permit fee and the establishment of a new bond.
(c)
Upon the completion of the demolition, the applicant shall submit
in writing a request for the return of the demolition bond or the
release of the demolition letter of credit. The Borough shall return
any unused portion of the demolition bond or cash equivalent to the
applicant, without interest, within 30 days after final demolition
inspection of the property and approval of the demolition by the Construction
Official and the Zoning Officer. Properties where construction of
a new principal building has not commenced within 30 days of demolition
shall be restored as required by this section before the demolition
bond shall be returned.
(11)
If deemed essential by the Historic Preservation Commission
("HPC"), applicant shall provide access at reasonable times and on
convenient days to the structure or structures to be demolished, and
allow members of the HPC or their agents, to take measurements and
pictures of interior, exterior and pertinent details. These measurements
and pictures will memorialize the architecture and aesthetics of the
structure proposed for demolition. Access, as needed to obtain legible
photographs, shall be during a maximum thirty-day period or until
the HPC has signed off, but in no event later than 45 days from the
receipt of a completed demolition permit application. Prior to the
issuance of a demolition permit, the HPC Chairperson or Vice Chairperson
shall advise the Construction Official and the Zoning Officer that
the photographs under this section have been completed. A demolition
application shall not be deemed complete until the HPC inspection
is completed.
(a)
In accordance with N.J.S.A. 5:23-2.32 a structure which is deemed
unsafe or a fire hazard must still be reviewed by the Historic Preservation
Commission to deem whether or not the structure is essential. In the
event that it is essential, 48 hours' notice (business days only not
including holidays) shall be given to the Historic Preservation Commission
before the owner proceeds with demolition. This is to allow for steps
to be taken to safely enter the site to document conditions prior
to demolition.
D.
Penalties. This article may be enforced by the Zoning Officer, Construction Official or Police Department of the Borough of Hightstown. Any person found to be in violation of this article shall be subject to the penalty provide in Chapter 1, Article 1-5, of the Revised General Ordinances of the Borough of Hightstown.
