[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
No building permit or certificate of occupancy or habitability shall be issued until a zoning permit covering the use and location of said building has first been obtained from the Morristown Zoning Officer. No construction, change of use type or accessory use, or alteration of structures shall occur without a zoning permit. Once the initial zoning permit authorizing the use and location has been obtained, it shall not be necessary to obtain a new zoning permit upon every application for a certificate of occupancy or habitability, except a change of ownership.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Single-family and multifamily dwellings shall be inspected by the Morristown Zoning Officer prior to issuing a zoning permit if within the previous 18 months the property was subject to a violation of the following sections of the Town of Morristown Ordinances:
a. 
Section 13-32, Bathroom Requirements for Dwelling Units.
b. 
Section 13-33, Bathroom Requirements for Independent Rooming Units.
c. 
Section 13-43, Occupancy Standards: Dwelling Units.
d. 
Section 13-44, Occupancy Restrictions for Certain Dwelling Units and Rooming Units.
e. 
Section 13-45, Required Basic Facilities.
f. 
Section 13-56, Occupancy of Rooming or Dwelling Units: Relocation Assistance.
g. 
Section 13-57, Cooking Restricted to Where Sanitary Facilities Exist.
h. 
Section 13-58, Occupancy Without Required Facilities.
i. 
Subsection 30-803.1, Site Plans Required.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Pursuant to the above, the following items shall not be subject to a zoning permit so long as the work in question does not conflict with terms or conditions relating to any specification of prior approval(s) granted by the Planning or Zoning Board:
a. 
Replacement roof.
b. 
Replacement siding.
c. 
Replacement windows and doors of the same size as existing doors and windows.
d. 
Replacing chimneys and chimney liners.
e. 
Interior oil tank replacement.
f. 
Furnace/boiler replacement.
g. 
Replacement kitchen cabinets/fixtures/appliances.
h. 
Replacement bathroom fixtures.
i. 
Garage doors, same size.
j. 
Replacement floors/ceilings.
k. 
Installation of radon mitigation systems (interior systems only).
l. 
Installation of commercial carpet for nonresidential uses.
m. 
Minor work or ordinary maintenance as defined by the Uniform Construction Code, N.J.A.C. 5:23-1 et seq.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
Applicants for the Planning or Zoning Board are encouraged to submit a concept application to the Town Planning staff prior to seeking zoning permit approval. Concept applications shall be reviewed by the Zoning Officer, and board professionals in order to determine conformance with the Zoning Ordinance, and potential modifications that would result in a conforming or more closely conforming application.
b. 
Required submissions:
1. 
Completed concept application form.
2. 
Six sets of concept plans, which may include a property survey, engineer and/or architect drawings.
3. 
Concept application fee and escrow.
4. 
Site inspection authorization form.
5. 
Owner contribution disclosure form.
6. 
Disclosure of corporate ownership form.
7. 
Electronic submission.
c. 
Submit to: Zoning Officer.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
An individual interested in property development or modifications shall submit an application for a zoning permit. Any development or land use activity, except for those listed above as exempt, requires a zoning permit prior to the issuance of construction permits and certificates of occupancy. If a zoning permit application does not conform to the requirements of the Zoning Ordinance, the Zoning Officer shall notify the applicant of the nonconforming status. The applicant shall have the option to modify the application in order to bring it into conformance. Failure to achieve conformance shall result in a denial of a zoning permit.
b. 
Required submissions:
1. 
Completed zoning permit application.
2. 
Three sets of construction drawings.
3. 
Application fees and escrow deposits.
c. 
Submit to: Zoning Officer.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
Projects that meet the following criteria require an application before the Board of Adjustment:
1. 
Applications proposing nonpermitted uses;
2. 
Applications expanding preexisting nonpermitted uses;
3. 
Applications including conditional uses for which not all applicable conditions are met;
4. 
Applications exceeding FAR restrictions;
5. 
Applications exceeding density restrictions, with the exception of single- and two-family uses;
6. 
Applications with a proposed height in excess of 110% of the permitted height; and/or
7. 
Applications that require bulk variances without site plan or subdivision approval.
b. 
Projects that meet the following criteria require an application before the Planning Board:
1. 
Applications for site plan approval, including those that do not conform to all bulk requirements of this code, but do not meet the specifications in Paragraph a above.
c. 
Required submissions.
1. 
Completed Planning Board/Zoning Board application form.
2. 
Required checklists.
3. 
Site plan (when required per § 30-803, below).
4. 
Application fees and escrow.
d. 
Submit to: Zoning Officer.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
Except as provided in Paragraph b (below), no zoning permit shall be issued unless a site plan is first submitted to and approved by the Planning Board or Board of Adjustment, as may be applicable. Any proposed modification of a previously approved site plan or deviation from the plan during construction shall require approval by the Planning Board or Board of Adjustment.
b. 
Site plan exemptions.
1. 
Site plan approval shall not be required for subdivisions or applications to develop for detached one-family or two-family buildings upon an individual, preexisting parcel. Variance relief associated with detached one-family or two-family buildings may be granted only by the Board of Adjustment.
2. 
Site plan approval shall not be required for any nonresidential use or activity involving no more than the following, though zoning permits may be required for such activities:
(a) 
Renovations or alterations to the exterior facade of a building not involving any structural change, such as door or window replacement without enlargement of existing facade openings; painting of existing material; change of existing siding material; addition of permitted signage.
(b) 
Renovations or alterations to the interior design of a building or structure not involving any increase in usable space or intensification of or addition to the existing use of the building or structure.
(c) 
This provision shall not apply to any structure/application that has received approval from either the Planning Board or Zoning Board of Adjustment, but has not yet received a certificate of occupancy.
3. 
The relocation of any building line, enlargement and/or reduction of existing windows and doors shall not be exempt from site plan approval.
4. 
Conditional use permits or use variance relief, granted pursuant to N.J.S.A. 55D:70(d) et. seq., with the exception of one- and two-family buildings, shall not be exempted from site plan approval.
5. 
Nothing contained in this section shall be construed as requiring full site plan approval where minor site plan approval is allowed pursuant to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
Unless an application requiring a site plan meets the parameters in Paragraph b (below), the applicant shall submit a major site plan.
b. 
A minor site plan may be submitted if:
1. 
The application includes no more than the following:
(a) 
A change to the facade of a lawfully existing structure not otherwise exempt from site plan as described in Subsection 30-803.1.
(b) 
An addition or modification of a three- or four-family dwelling involving no more than an increase of 25% in gross floor area.
(c) 
The creation of up to one additional dwelling unit.
(d) 
A proposed change or modification of a previously approved site plan (or existing site improvements that would have otherwise required site plan approval) not involving an increase of building area, the alteration of traffic patterns, or changes to vehicular ingress or egress.
(e) 
The application does not involve planned development, any new street or the extension of any off-tract improvements.
(f) 
The application meets all of the submission requirements of this chapter and does not require any soil erosion or floodplain approval, or a variance that requires approval by the Planning Board or Zoning Board of Adjustment with the exception of a signage variance, which must satisfy public notice requirements. (See Subsection 30-824.7.)
(g) 
Approval of any conditional use that would otherwise be exempt from site plan approval or meet the criteria of Subsection 30-803.2 shall be considered a minor site plan for purposes of this chapter, which must satisfy public notice requirements. (See Subsection 30-824.7.)
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
An individual may appeal a decision of the Zoning Officer to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(a). Such application shall be submitted to the Zoning Officer.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
An individual may request an interpretation of the Zoning Ordinance from the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(b). Such application shall be submitted to the Zoning Officer.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
An individual interested in proposing a change to zoning district boundaries or zoning district regulations shall submit an application for zoning change to the Zoning Officer. The Planning Board will review all applications for a zone change and provide a recommendation to the governing body. Recommendation by the Planning Board shall not be construed as imposing a binding requirement on the governing body, but rather shall serve as nonbinding advice.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
No permanent certificate of occupancy shall be issued for any building or structure which is the subject of an approved site plan until the Town Engineer has certified to the Construction Official that the site plan has been complied with in all respects, as more particularly set forth in Subsection 30-803.2. If, in the opinion of the Town Engineer, there has been substantial compliance with the approved site plan, the Town Engineer may certify compliance, provided that the applicant posts a cash bond to guarantee completion of any incomplete improvements in an amount equal to 110% of the estimated cost of the unfinished improvements. The completion of the unfinished requirements shall be accomplished within a time period determined by the Town Engineer.
b. 
No certificate of occupancy shall be issued unless the Town Engineer certifies that:
1. 
All improvements and construction required by site plan approval have been properly installed and completed, including all requirements of the applicant's soil erosion and sediment control plan when required.
2. 
All conditions annexed to the resolution of approval have been complied with.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
An appeal from any decision of the Zoning Board of Adjustment granting a use variance may be taken (pursuant to the provisions of N.J.S.A. 40:55D-17) to the governing body, provided that such appeal shall be made within 10 days of the date of publication of such final decision of the Zoning Board of Adjustment.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
All development projects which are the subject of variances, subdivision, site plan or other Board approval shall, in addition to any other requirements, proceed with construction in the following manner:
a. 
Prior to receipt of any building, plumbing or other construction permits, a zoning permit shall first be obtained from the Zoning Division, after submission and review of the construction plans for compliance with the Board approval.
b. 
After securing of a construction permit, construction shall proceed up to and including the foundation only.
c. 
Upon completion of the foundation work, the developer shall have prepared, by a licensed land surveyor, an as-built location survey showing the actual location and elevations of the foundation. If the survey indicates a discrepancy in either location or elevations between the approved site plan or variance condition and as-built conditions, the discrepancy shall be prominently indicated on the survey.
d. 
The Construction Official and Board Engineer will review the as-built survey with the Zoning Officer. If the discrepancies, if any, shown thereon are determined to be of such a minor nature as not to affect the intent of the conditions or approval, or not to constitute a new violation of any area, bulk or yard requirements, the Construction Official will issue an authorization to continue with the project.
e. 
Remediation of errors.
1. 
Should the above-named officials find that a discrepancy is significant enough to affect the intent of the conditions of approval, or constitutes a new violation of area, bulk and yard requirements, the developer shall remediate the errors by either:
(a) 
Physically removing the cause of such discrepancy, or
(b) 
Making application to the appropriate Board for an amendment to the previously granted approval.
2. 
In either case, no authorization will be issued for continued construction on the project until such remedial action has been taken.
f. 
Upon continuation of construction, the Board Engineer or his designee shall make periodic inspections to ensure that all site work is being constructed in accordance with the approved site plan.
g. 
In the event that the Board Engineer or the Construction Official finds a deviation from the approved plans, the provisions of Subsections 30-804.1 and 30-804.2 above shall apply.
[Ord. No. O-25-2018, 7-12-2018; amended 5-13-2019 by Ord. No. O-12-2019; 8-8-2023 by Ord. No. O-11-2023]
No person shall remove or demolish or commence the removal or demolition of any building or structure in the Town of Morristown without first filing with the Zoning Officer an application in writing and obtaining a permit therefor. This shall apply to all principal or accessory buildings and accessory structures in excess of 120 square feet. This includes partial demolition, where more than 25% of a building's facade or 120 square feet will be removed. All such applications shall include payment of a filing fee in the amount of $75.
[Ord. No. O-25-2018, 7-12-2018; amended 5-13-2019 by Ord. No. O-12-2019; 8-8-2023 by Ord. No. O-11-2023]
a. 
The applicant for a demolition permit shall state on a form provided by the Zoning Officer:
1. 
The name and address of the person or entity who owns the building or structure to be demolished and who shall execute the application, as well as signature to verify that they have the authority to make such application.
2. 
The reason for the demolition.
3. 
The approximate age of the building or structure to be demolished.
4. 
The zoning classification for the land on which the building or structure is situated.
5. 
A certified statement of the proposed work schedule with the approximate number of working days required to complete the work but in no case in excess of 30 days. Upon application and a showing of good cause, the Zoning Officer, after consulting with the Construction Official, may extend the maximum number of days for completion beyond 30 days.
6. 
The approximate size of the building or structure in terms of square feet, number of floors, approximate height and type of construction, with photographs that show, at a minimum, the front, rear, and side facades.
7. 
Whether or not the building is conforming or nonconforming to the Town zoning laws at the time of demolition.
8. 
Whether any new structure or building is planned or contemplated within one year of the date of demolition.
9. 
Whether subsequent construction is planned within 30 days of the date of demolition.
10. 
Whether the demolition is sought for federal, state, municipal or private purposes.
11. 
Whether the building or structure has been used or occupied during the five years prior to demolition, and if so, for what purpose and use for each of the five years.
12. 
The name and address of the person who will perform the demolition.
13. 
A copy of the performance bond guaranteeing completion of demolition in accordance with this section.
14. 
A statement that the structure is not listed on any register of historic landmarks.
15. 
Agreement that if a permit is issued, a release from the utilities stating that their respective service connection and appurtenant equipment, such as meters and regulations, have been removed, sealed or plugged in a safe manner, will be submitted prior to demolition.
b. 
A land development application approval from the Planning or Zoning Board does not preclude compliance with the demolition approval process contained herein. Demolition permits can be made before, concurrently, or after the land development application process.
[Ord. No. O-25-2018, 7-12-2018; amended 5-13-2019 by Ord. No. O-12-2019; 8-8-2023 by Ord. No. O-11-2023]
a. 
Within 10 days of receipt of an application for a demolition permit, the Zoning Officer shall refer such application to the Historic Preservation Commission for review. The Historic Preservation Commission shall have 45 days to determine if the structure proposed for demolition should be deemed "preferably preserved." In order for a structure to be deemed to be "preferably preserved" one or more of the following criteria must be met:
1. 
The structure must be 100 years old or older according to Tax Assessor Records; or
2. 
Historic resource mentioned in the Town's Master Plan; or
3. 
The structure is listed or deemed eligible for the National Register of Historic Places. The National Register of Historic Places covers four main categories:
(a) 
Aesthetics/architecture;
(b) 
Connection to historic event/movement (could be locally or nationally significant);
(c) 
Connection to historical figure;
(d) 
Reasonable evidence to merit archaeological investigation; or
4. 
The structure is located within a state or national historic district.
b. 
If the Historic Preservation Commission does not deem the structure to "preferably preserved," the Zoning Officer shall issue the requested permit for demolition. If the Historic Preservation Commission determines that the structure is "preferably preserved," the Historic Preservation Commission shall recommend to the Zoning Officer that the permit for demolition be denied.
c. 
Once a structure is determined to be "preferably preserved," the owner shall be responsible for properly securing the structure (if vacant) to the satisfaction of the Building Officer, and for taking common preventative measures (e.g., turning water off if the structure will remain unheated) to prevent damage to said structure. Subsequent destruction of the structure at any time during the demolition delay period, which could have been avoided by common preventative or basic security measures, shall be considered a demolition in violation of this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 5-13-2019 by Ord. No. O-12-2019; 8-8-2023 by Ord. No. O-11-2023]
a. 
Effect. Issuance of an approval of a permit shall be deemed to be a final approval pursuant to this chapter. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other Town ordinance to be made prior to undertaking the demolition of the approved structure. The denial of a permit for demolition shall be deemed to preclude the applicant from undertaking the activity applied for.
b. 
Appeal. The denial of a permit may be appealed to the Zoning Board of Adjustment pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-70(a). Appealed applications shall provide the following:
1. 
Any forms required as part of the demolition application.
2. 
Interior and exterior photographs of the building.
3. 
A statement that explains why the building lacks historic or aesthetic value.
4. 
A list of the architectural-defining elements and the building materials used to construct those elements.
5. 
Inventory of building and site to comply with historic standards.
c. 
If said denial is appealed to the Zoning Board of Adjustment, and the Zoning Board of Adjustment finds in the applicant's favor, the Zoning Officer shall issue a demolition permit.
d. 
Affirmation of denial.
1. 
If said denial is appealed to the Zoning Board of Adjustment, and the Zoning Board of Adjustment affirms the denial, the applicant shall not be issued a demolition permit until the applicant has demonstrated the following to the Zoning Officer:
(a) 
Notice of the proposed demolition has been posted on the premises of the building, structure or site for a period of nine months starting from the date of denial by the Zoning Board of Adjustment (the notice period) and the applicant has published notice of the proposed demolition in the official newspaper of the Town within the first 10 days of the notice period, within the last 10 days of the notice period, and at least once every 90 days within the notice period;
(b) 
The applicant has worked with the Historic Preservation Commission to evaluate viable alternatives to demolition; and
(c) 
The applicant has made good faith attempts to either sell or rent the property at fair market value.
(d) 
The applicant has allowed the HPC to document and take photographs of the property, interior and exterior of the building, and all structures that may be affected by the demolition, and obtain historical records, maps, plans, reports related to the site and structures.
2. 
At the conclusion of the notice period, if the applicant still wishes to proceed with demolition, prior to performing the demolition, the applicant will:
(a) 
Advise the Zoning Officer in writing of its intention to proceed with the demolition; and
(b) 
Certify in writing to its compliance with the provisions of the notice period; and
(c) 
Provide the Commission with a copy of the notice that appeared in the official newspaper of the Township and a listing of all dates on which the said notice appeared in the newspaper.
[Ord. No. O-25-2018, 7-12-2018; amended 5-13-2019 by Ord. No. O-12-2019; 8-8-2023 by Ord. No. O-11-2023]
a. 
In the demolition of a structure, the person making application for a permit will erect an approved system of barricades, have the electric, gas and telephone services disconnected by the respective utility companies and shall be required to disconnect and seal the water and sewer lines. A permit to demolish a structure shall not be issued until a release is obtained from the utilities stating that their respective service connection and appurtenant equipment, such as meters and regulations, have been removed, sealed or plugged in a safe manner. The Division of Building and Uniform Construction Code Enforcement shall be notified at least four days prior to the proposed demolition; adequate and proper rodent control measures shall be institutes at least three and not more than 10 days prior to commencement of work. In addition thereto, the applicant shall give written notice to the owners of adjoining lots and to the owners of wires or other facilities, the temporary removal of which may be necessitated by the proposed work. All necessary permits shall be obtained from the Department of Public Works. The applicant shall arrange for an inspection to be made by the Construction Official to determine if the above-mentioned measures have been taken in accordance with this section, and if so, a demolition permit will be issued.
b. 
The contractor shall obtain appropriate approval for water use on the site from the Department of Public Works for dust control. The contractor shall provide a flagman for traffic control when necessary, and should a street have to be closed, he shall obtain written permission from the Director of Public Works, the Chief of Police and the Fire Chief.
c. 
No explosives shall be utilized in the demolition of any building or structure.
d. 
The Construction Official may inspect the demolition of any building or structure in the Town of Morristown daily and shall be empowered to halt any such demolition that in the judgment of the Construction Official is not being performed in a safe and sanitary manner or in accordance with the provisions of this section.
[Ord. No. O-25-2018, 7-12-2018; amended 5-13-2019 by Ord. No. O-12-2019; 8-8-2023 by Ord. No. O-11-2023; 2-13-2024 by Ord. No. O-2-2024]
a. 
When a building or structure has been demolished and no building permit has been obtained for a replacement structure so that the site of the previous building will remain vacant, the site and/or lot shall be filled, graded, seeded and maintained in conformity to the established street grades at curb level.
b. 
Once a building or structure has been demolished, a safety fence shall be erected around the site and/or lot until subsequent construction requires other or until the site is restored as discussed above.
c. 
The site and/or lot shall be maintained free from the accumulation of rubbish and all other unsafe or hazardous conditions which endanger the life or health of the public in accordance with the provisions of the appropriate subcodes. Provisions shall be made to prevent the accumulation of water or damage to any foundation on the premises or on private or public property.
[Ord. No. O-25-2018, 7-12-2018; amended 5-13-2019 by Ord. No. O-12-2019; 8-8-2023 by Ord. No. O-11-2023]
If any demolition contractor fails to complete the work for which a permit has been issued within 10 days after the expiration of the time period specified in the statement submitted in support of the permit application under Subsection 30-808.2a(5), the Construction Official or his designee, after the service of a three-day written notice, shall declare the contractor in default and proceed to have the demolition completed by exercising the Town's right under the performance bond.
[Ord. No. O-25-2018, 7-12-2018; amended 5-13-2019 by Ord. No. O-12-2019; 8-8-2023 by Ord. No. O-11-2023]
a. 
Any person or contractor engaged in the demolition of a building or structure within the Town of Morristown shall file with the Municipal Clerk evidence of the contractor's financial responsibility in the form of a certificate of insurance specifying demolition purposes. The person or contractor must obtain insurance specifically covering the demolition in the following amounts:
1. 
Liability insurance covering bodily injury to persons of at least $1,000,000 combined single limit per person.
2. 
Liability insurance covering property damage of at least $1,000,000 combined single limit per accident.
b. 
In addition thereto the applicant or contractor must obtain a completion of performance bond pursuant to Subsection 30-808.2a(13). The certificate of insurance shall provide that the Town of Morristown and its agents shall be saved harmless from any claim or claims resulting from the demolition caused by the applicant, contractor, their agents, servants or employees.
[Ord. No. O-25-2018, 7-12-2018; amended 5-13-2019 by Ord. No. O-12-2019; 8-8-2023 by Ord. No. O-11-2023]
a. 
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties herein. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Any person who shall undertake any activity without approvals required by this chapter shall be deemed to be in violation hereof.
b. 
If any person shall undertake demolition of a premises without first having obtained a permit, he or she shall be required to immediately stop the demolition, apply for approval and take any necessary measures to preserve the affected premises pending such approval. If the permit for demolition is denied, he or she shall immediately restore the affected premises to its condition prior to any demolition. In the event of a threat of imminent action for which the necessary approvals have not been granted and which action would permanently and adversely change an historic or landmark premises, the Zoning Officer is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent such actions.
c. 
In addition to the remedies provided above, a person convicted of a violation of this section shall be subject to penalties as follows:
1. 
For each day up to 10 days: no more than $500 per day;
2. 
For each day between 11 and 25 days: not more than $1,000 per day;
3. 
For each day beyond 25 days: not more than $2,000 per day and a jail term not to exceed 90 days may be imposed; and
4. 
If a building subject to the provisions of this section is demolished without first obtaining a demolition permit, no building permit shall be issued for a period of five years from the date of the demolition on the subject parcel of land or any adjoining parcels of land under common ownership and control unless the building permit is for the faithful restoration, or unless otherwise agreed to by the Commission.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not required a variance pursuant to N.J.S.A. 40:55D-70.
b. 
EVSE and make-ready parking spaces installed pursuant to § 30-428 in development applications that are subject to site plan approval are considered a permitted accessory use as described in Paragraph a above.
c. 
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
d. 
The Zoning Officer shall enforce all signage and installation requirements described in this chapter. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Morristown's land use regulations.
e. 
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the Administrative Officer, provided that the application meets the following requirements:
1. 
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
2. 
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
3. 
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
f. 
An application pursuant to § 30-804 above shall be deemed complete if:
1. 
The application, including the permit fee and all necessary documentation, is determined to be complete;
2. 
A notice of incompleteness is not provided within 20 days after the filing of the application; or
3. 
A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
g. 
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
h. 
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.