[1991 Code § 233-41; Ord. No. 19-1994; Ord. No. 2000-29]
A.
The Zoning Officer shall administer and enforce the provisions of
this chapter. If the Zoning Officer shall find that any of the provisions
of this chapter are being violated, he shall notify, in writing, the
person responsible for such violations, indicating the nature of the
violation, and order the action necessary to correct it; or he shall
take any other action authorized by this chapter to ensure compliance
with or to prevent violation of its provisions.
B.
The Zoning Officer shall administer the zoning permits and make zoning
decisions related with the Planning Board, as set forth in this Article.
[1991 Code § 233-42; amended by Ord. No. 2000-29; Ord. No. 2004-31]
A.
No building or structure in any district shall be erected, enlarged
or altered, nor may land be used or improved, unless and until a zoning
permit has been duly issued by the Zoning Officer. No zoning permit
shall be issued by the Zoning Officer except in conformity with the
provisions of this chapter, unless he receives a written order from
the Board of Adjustment or Planning Board.
B.
The fee for issuance of a zoning permit shall be $50.
[Amended 2-22-2022 by Ord. No. 2022-02]
[1991 Code § 233-43]
All applications for zoning permits and supporting documentation
thereto shall be made in duplicate and accompanied by plans in duplicate,
drawn to scale, showing the following:
A.
An accurate survey, at the scale of the Borough's Tax Maps, showing
shape, dimensions, radii, angles and area of the lot on which the
building is proposed to be erected or of the lot on which it is situated
if an existing building. Such survey shall be prepared and sealed
by a land surveyor licensed by the State of New Jersey.
B.
The block and lot numbers as they appear on the Official Borough
Tax Map.
C.
The exact size and location on the lot of the proposed building or
buildings or alteration of an existing building, and of other existing
buildings on the same lot.
D.
The dimensions of all yards in relation to the subject building and
the distances between such building and any other existing buildings
on the same lot.
E.
The existing and intended use of all buildings, existing or proposed,
or of land and the number of dwelling units a residential building
is designed to accommodate.
F.
Such topographic or other information with regard to the building,
the lot or neighboring lots as may be necessary to determine that
the proposed construction will conform to the provisions of this chapter.
G.
The location, widths and grades of driveways serving any parking
areas or loading areas or docks, together with a description of the
proposed means of surfacing and draining such areas.
[1991 Code § 233-44; Ordinance 2000-29]
[1991 Code § 233-45; Ord. No. 2000-29]
A.
If a zoning permit is denied or the application is found to require
site plan review, the Zoning Officer shall promptly cause to be sent
to the applicant, to the address set forth in the application for
the permit, a notice of this action, which shall specify, in writing,
the ground or grounds upon which the same is based.
B.
In the case or a denial, the applicant may, within five days thereafter,
notify the Zoning Officer, in writing, that he appeals from such determination
of the Zoning Officer to the Planning Board, and it shall thereupon
be the duty of the Zoning Officer to deliver the plans, specifications,
application for permit, certificate of use or intended use of such
buildings or proposed building and a copy of his notification to his
agent that such building or use is a nonconforming building or use,
or both, together with any other papers or information in his possession,
to the Planning Board, and the Planning Board shall, within 30 days
thereafter and upon five days' notice, in writing, to the owner or
his agent, review the determination of the Zoning Officer. The Board
shall either affirm the determination of the Zoning Officer, reverse
the same or issue a variance from the provisions of this chapter not
complied with.
C.
In the case where site plan review by the Planning Board is required,
the Zoning Officer shall so notify the applicant, who shall then,
if he wishes to proceed with the application, comply with the application
requirements for site plan review hereinafter provided for.
[1991 Code § 233-46]
Zoning permits shall be issued separately for each lot. Such
permits shall be issued only if water and sanitary sewers adequate
to serve the proposed building as specified in all applicable Borough
codes and ordinances are available and if the building has direct
access to an improved existing street.
[1991 Code § 233-47; Ord. No. 2000-29]
A.
If at any time it shall appear to the Zoning Officer that the application
or any accompanying plan is in any respect false or misleading or
that work is being done upon the premises differing materially from
that called for in the application filed with him under existing laws
or ordinances, he may forthwith revoke the zoning permit in accordance
with due process of law, whereupon it shall be the duty of the person
holding the same to surrender it and all copies thereof to the Zoning
Officer. After the permit has been revoked, the Zoning Officer may,
in his discretion, before issuing a new permit, require the applicant
to file an indemnity bond in favor of the Borough with sufficient
surety conditioned for compliance with this chapter and all laws and
ordinances then in force and in a sum sufficient to cover the cost
of removing the structure if it does not comply.
B.
The Zoning Officer shall maintain files of all applications for zoning
permits and plans submitted therewith and for certificates of occupancy
issued by him, which files and records shall be open to public inspection
during regular business hours at the Municipal Building, 148 North
Main Street, Hightstown, New Jersey 08520.
[1991 Code § 233-48; Ord. No. 2000-29]
A certificate of occupancy shall be deemed to authorize and
shall be required for continued occupancy and use of the building
or land to which it applies.
A.
Required. Until a certificate of occupancy shall have been applied
for and issued by the Housing Officer, the following shall be unlawful:
B.
Application Requirements. Application for a certificate of occupancy
shall be made on a form furnished by the Housing Officer for a new
building or for an existing building which has been altered and shall
be made after the erection or alteration of such building or part
thereof has been completed in conformity with the provisions of this
chapter and other relevant Borough ordinances. Pending the issuance
of such a certificate, a temporary certificate of occupancy may be
issued by the Housing Officer for a period not to exceed 90 days during
the completion of any alterations that are required under the provisions
of any law or ordinance or for a part of a partially completed building.
Such temporary certificate shall not be construed as in any way altering
the respective rights, duties or obligations of the owner or of the
Borough respective to the use or occupancy of the land or building
or any other matter covered by this chapter. Such temporary certificate
shall not be issued except under such restrictions and provisions
as shall adequately assure the safety of the occupants of the building
and of the adjacent buildings and land, and shall not be issued unless
the building conforms with the following:
(1)
Facilities. Every unit shall contain a toilet and lavatory or
one shall be available in the same building. Every restroom facility
shall have a window or mechanical ventilation. Every lavatory or sink
shall be connected to a potable water supply which includes both hot
and cold running water. Hot water will be at least 120° and not
to exceed 160°. Each fixture shall be connected to a sanitary
sewer outlet.
(2)
Water Supply. Every unit shall be provided with a safe supply
of potable water or shall have access to a water supply in the same
building.
(3)
Heating. Every unit except those being used for warehousing
or general storage shall have a heating system which is installed
and maintained in good and safe working condition. Each heating unit
will be certified by either Public Service or a private contractor
annually. Each heating unit shall be capable of maintaining 68°
when outside temperature is 0° F. Units used for warehousing do
not have to conform to the heating requirement.
(4)
Lighting. Every unit shall be provided with an electrical service.
Every room shall contain adequate ceiling lights, switches or electrical
outlets to service the immediate area. Extension cords may only be
used to run directly from a portable fixture to a convenience outlet
and will not be permitted to pass through doorways, transoms, or other
openings in structural elements. Every portion of each staircase,
landing and hallway shall be lit by either natural or artificial lighting
at all times that this portion of the building is occupied. The illumination
shall be at least three lumens per square foot and controlled by a
wall switch.
(5)
Ventilation. Every room shall be provided with adequate ventilation
which may be supplied by windows or mechanical means. Every room containing
a toilet shall have ventilation that terminates at an exterior opening
which is not within four feet of either a window or door.
(6)
Egress. Every unit shall have a safe and unobstructed means
of egress directly to the outside. This means of egress must lead
to a safe and opens space at ground level and shall not pass through
another tenant space.
(7)
Maintenance. Every foundation, floor, wall, ceiling, door, window,
roof or other part of a building shall be maintained in good repair
and shall be capable of the use intended for the occupant. Every exterior
must be maintained in a manner such as to prevent deterioration or
corrosion of part. The exterior shall be kept well painted and masonry
finishes shall have no cracks large enough to permit penetration of
the elements to the unfinished structural members.
C.
Issuance.
(1)
Upon written request by the owner, the Housing Officer shall,
after inspection, issue a certificate of occupancy for any building
or use thereof or of land, provided that such building or use of land
conforms to the provisions of this chapter and all other relevant
codes and ordinances. Every certificate of occupancy shall state that
the building or proposed use of a building or land is in compliance
with such laws, the provisions of this chapter and all other Borough
ordinances.
(2)
If the proposed use is found to be in compliance, the Housing
Officer shall issue, within 30 days after receipt of a written application
therefor, a certificate of occupancy. If rejected, it shall state
specifically wherein the use does not conform.
(3)
In the case of a change of use of a nonconforming use, such
certificate shall be issued within 30 days after action by the Planning
Board authorizing such change. However, in neither case shall a failure
to receive written notice within 30 days be deemed as acceptance.
(4)
No certificate of occupancy shall be issued for any use of a
building or of land allowed by action of the Planning Board unless
and until such action has been duly taken by the Board. Every certificate
of occupancy for which a variance or other form of permission has
been granted shall contain a detailed statement of such variance or
permission and of any conditions to which the same is subject. In
addition, no certificate of occupancy shall be issued unless the building
or structure is also in conformity with this and all other Borough
codes.
E.
Records. A record of all certificates of occupancy shall be kept
in the office of the Housing Officer. One copy shall be furnished
to the Assessor and, on request, to any agency of the Borough or to
any persons having a proprietary or tenancy interest in the building
or land affected.
