[Ord. No. 00-40, 7-24-2000]
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 municipality. Any action taken
by the municipality under the terms of this Chapter shall give primary
consideration to the above-mentioned matters and to the welfare of
the entire community.
[Ord. No. 00-40, 7-24-2000]
It shall be the duty of the Construction Official and Zoning
Officer of the municipality to administer and enforce the provisions
of this Chapter. No structure or building improvement shall be erected
until a zoning permit is obtained by the Zoning Officer and a construction
permit is obtained from the Construction Official and no structure
or lot shall be used in violation of this Chapter. It shall be the
duty of the Zoning Officer to keep a record of all applications and
all zoning permits which are either issued or denied, with notations
of any conditions involved, which data shall form a part of the municipality's
public records. A quarterly report of zoning permits issued shall
be filed with the municipal tax assessor. It shall be the duty of
the Zoning Officer to inspect the structures and land in the municipality
and order the owner in writing to remedy any condition found to exist
in violation of any provision(s) of this Chapter.
[Ord. No. 00-40, 7-24-2000]
A.
When required. A zoning permit shall be issued prior to:
1.
The commencement or change of use of a property, building or structure
(for example: the change in ownership of a business or property, a
change from office to retail use);
[Amended 8-27-2007 by Ord. No. 07-49]
2.
The occupancy of any building or structure;
3.
The construction, erection, extension, reconstruction, alteration,
conversion, or installation of any building structure or portion of
a structure (for example: new dwelling units, room additions, decks,
porches, sheds, and swimming pools);
[Amended 8-27-2007 by Ord. No. 07-49]
4.
Issuance of a Certificate of Appropriateness, where applicable.
B.
Submission Requirements. Every application for a zoning permit shall
be accompanied by two copies of a current survey/site plan and one
set of construction plans drawn in ink or a blueprint showing the
actual shape and dimensions of the lot to be built upon, the exact
location, size and height of all existing and proposed structures
and substructures, all existing easements, the existing or intended
use of each structure, the number of dwelling units the structure
is designed to accommodate, the number and location of off-street
parking spaces and off-street loading areas and such other information
with regard to the lot and neighboring lots as may be necessary to
determine and provide for the enforcement of this Chapter. All surveys
must be prepared by a land surveyor. Survey information may be transposed
to a site plan if the date of the survey and by whom and for whom
it was prepared is noted on the site plan. Vegetation, general flood
plain determinations or general location of existing utilities, buildings
or structures may be shown by an architect, planner, engineer, land
surveyor, certified landscape architect or other person acceptable
to the reviewing governmental body.
[Amended 8-27-2007 by Ord. No. 07-49]
C.
A zoning permit shall be granted or denied in writing within 10 business
days from the date of a complete application unless additional time
is agreed upon, in writing, by the applicant. One copy of such plans
shall be returned to the owner when such plans shall have been approved
or denied by the zoning official together with such permit as may
be granted. All dimensions shown on these plans relating to the location
and size of the lot to be built upon shall be based on an actual survey
of the lot by a land surveyor licensed in the State of New Jersey.
No zoning permit shall be issued for any structure until prior site
plan, subdivision and variance approvals as may be necessary, have
been granted by the appropriate board in accordance with the provisions
of this Chapter and until all review and inspection fees and all local
taxes and assessments on the property have been paid.
D.
Lot Grading and Elevation Plan. As a condition precedent to the issuance of a new zoning permit, a proposed plot plan for each individual lot shall be submitted to the Township Engineer for review and approval. Details of the individual plot plan shall conform to the submission requirements outlined in Section LDO-1010, "Plot Plan and As-built Survey."
[Amended 11-10-2003 by Ord. No. 03-35; 3-12-2007 by Ord. No. 07-11; 12-22-2016 by Ord. No.
16-47]
F.
Waiver of Grading Plan. The Township Director of Engineering and
Planning may waive the submission requirement of a proposed lot grading
and elevation plan, required in Paragraph D above, for properties
within the historic zone districts and in other specific cases where
the proposed average grade changes, before development and at the
completion of development, is less than 18 inches. A waiver may be
granted if the applicant submits a written request to the Director
of Engineering and Planning for the waiver accompanied by sufficient
elevation information for the Director of Engineering and Planning
to make a determination concerning the request and the Director of
Engineering and Planning approves of the waiver request in writing.
[Added 3-12-2007 by Ord.
No. 07-11]
[Ord. No. 00-40, 7-24-2000]
A.
Certificate of occupancy required. It shall be unlawful to use or
permit the use of any structure or part(s) thereof, either occupied
by a new use or occupant or hereafter erected, altered, converted
or enlarged wholly or in part, until a certificate of occupancy shall
have been issued by the Construction Official. It shall be the duty
of the construction official to issue a certificate of occupancy only
when:
1.
The structure or part(s) thereof and the proposed use conform to
this Chapter and all other applicable codes and ordinances of the
municipality;
2.
Prior site plan, subdivision and variance approvals, as may be necessary,
have been granted by the appropriate board in accordance with the
provisions of this Chapter;
3.
All local taxes and assessments on the property have been paid; and
4.
A letter from each utility company has been received by the municipality
stating that the utility has been inspected, has been installed in
accordance with the approved plan and is ready for use;
5.
Soil certification:
(a)
A soil certification must be obtained from the Municipal Engineer
prior to the issuance of a certificate of occupancy. An as-built plan
of site improvements shall be submitted for review when the soil certification
is requested. The as-built grading plan shall be prepared by a land
surveyor licensed in the State of New Jersey in accordance with the
Engineering Departments Standards;
(b)
If site conditions do not warrant issuance of a permanent soil
certification, a temporary soil certification may be issued at the
discretion of the Municipal Engineer. If a temporary soil certification
is issued, a bond for permanent stabilization shall be submitted in
accordance with the fee schedule established by the Municipal Engineer;
(c)
If stabilization of the soil is not completed in accordance
with a schedule as approved by the Municipal Engineer, the performance
guarantee held to ensure such stabilization shall be forfeited upon
30 days' written notice from the Municipal Engineer and the funds
used to complete the required work;
6.
Zoning permit. A valid zoning permit must be issued by the Zoning
Officer prior to the issuance of a certificate of occupancy. The applicant
may submit the as-built grading plan mandated in Paragraph A5 above
or a location plan indicating the required and constructed yard areas
and other pertinent zoning information as deemed necessary by the
Zoning Officer;
7.
Health department approval. Approval of the Health Department shall
be obtained prior to the issuance of a certificate of occupancy in
circumstances where the Department has jurisdiction.
B.
Time for decision. A certificate of occupancy shall be granted or
denied in writing within 10 business days from the date that a written
notification is filed with the construction official that the erection
of the structure is completed, unless additional time is agreed upon
by the applicant in writing.
C.
Temporary certificate of occupancy. A temporary certificate of occupancy
may be issued for any structure or use for which site plan or subdivision
approval has been granted, although not all conditions for such 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 timetable for the installation
of the uncompleted improvements and the receipt of a performance guarantee
assuring the installation if improvements as indicated on the approved
plat or plan, and further that no zoning or construction permit will
be issued for any accessory use or structure when a temporary occupancy
permit has not been finalized by said occupant or builder except in
excessively due hardship cases which involve the welfare, sanitary
or structural requirements of said property or occupants.
D.
Denial record. Should the construction official decline to issue
a certificate of occupancy, the reason for doing so shall be so stated
on two copies of the application and one copy shall be returned to
the application and one retained in the file.
E.
Invalidation. Upon notice being served of any condition found to
exist in violation of any provision(s) of this Chapter with respect
to any land use, the certificate of occupancy for such use shall thereupon,
without further notice, be null and void and a new certificate of
occupancy shall be required for any further use of such structure
or land. In the event of any unlawful encroachment or reduction of
open space or yard area, the building or structure, as the case may
be, shall be deemed in violation of the provisions of this Chapter
and the certificate of occupancy for such building or structure shall
be null and void.
F.
Monthly report. A monthly report of the certificates of occupancy
issued shall be filed with the municipal tax assessor. A record of
all certificates of occupancy shall be kept in the office of the construction
official and copies shall be furnished upon 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 governing body except that there shall be no charge to a municipal
agency.
[Ord. No. 00-40, 7-24-2000]
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,
the municipality may institute an action to enjoin or take any other
appropriate action or proceeding to prevent such erection, construction,
reconstruction, alteration, conversion or use. However, nothing is
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. 00-40, 7-24-2000]
A.
Fines.
1.
Any person, firm or corporation that shall violate any provisions
of this Chapter shall, upon conviction thereof by any court authorized
by law to hear and determine the matter, be fined such sum not exceeding
$2,000 as such court in its discretion may impose; or if the parties
so convicted be a natural person, such person may be imprisoned for
such term not exceeding 90 days as such court in its discretion may
impose, or appear at community service not exceeding 90 days, or any
combination thereof as such court in its discretion may impose. Each
day that such violation exists shall constitute a separate offense.
[Amended 9-26-2016 by Ord. No. 16-32]
2.
The owner of any building or structure, lot or land, or part thereof,
and/or the tenant or occupant of any building or structure, lot or
land, or part thereof, where anything in violation of this Chapter
shall be placed or shall exist or be suffered, allowed or permitted
to exist; and any architect, builder, developer, contractor, agent,
person or corporation engaged in connection therewith and who assists
in the commission of any such violation, shall each be guilty of a
separate violation, and, upon conviction thereof, shall each be liable
to the fine or imprisonment, or both, specified above.
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 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
$1,000, and each lot disposition so made may be deemed a separate
violation.
3.
In any such action, the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the subdivider or his or
her assigns or successors, to secure the return of any deposit made
or purchase price paid, and also a reasonable search fee, survey expense
and title closing expense, if any. Any such action must be brought
within two years after the date of the recording of the instrument
of transfer, sale conveyance of said land, or within six years if
unrecorded.
C.
Additional Remedies.
[Added 9-26-2016 by Ord.
No. 16-32]
1.
In addition to the remedy or remedies hereinbefore provided, any
person, persons, company or corporation violating this Chapter or
any provision or section thereof, may be proceeded against by the
Township of Neptune or by the Zoning Officer of the Township of Neptune
or any designee of the Township of Neptune or Zoning Officer or by
the owner of any property in the Township of Neptune by appropriate
action or by proceeding in equity or otherwise to prevent and enjoin
any threatened violation or any existing violation or continuing violation
of this Chapter or any provision or section thereof.
