[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. Any permit or approval required by this chapter, including building
permits, shall expire one year from the date of issuance unless:
1. A certificate of occupancy is issued within that time; or
2. In the case of site plan, subdivision or variance approval, a building
permit has been obtained during the one-year period; or
3. The approval resolution of the Board specifies a longer period; or
4. The Municipal Land Use Law specifies a different period.
b. The Planning Board may, on timely application and upon a showing
that all of the conditions existing at the time of issuance of the
permit remain unchanged, extend the period for one additional year.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
All references to the Revised Statutes of the State of New Jersey
are to sections thereof in existence as of May 1, 1979. It is the
intent of this chapter that, in the event of amendment to or change
in the content of any referenced statute or section thereof, or renumbering
or recodification thereof, this chapter shall be deemed to be changed
or amended accordingly without the necessity of specific amendment
of this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Whenever a term is used in this chapter that is defined in the
Municipal Land Use Law, the Open Public Meetings Law, the Soil Erosion
and Sediment Control Law or the Floodplain Law, such term is intended
to have the meaning set forth in the definition of such term in the
statute, unless a contrary meaning clearly appears in the context
of this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Whenever the term "Planning Board" or the term "Board of Adjustment"
is employed in this chapter and the other board in fact has jurisdiction
over a development application pursuant to the terms of the Municipal
Land Use Law, the name of the board having jurisdiction shall be deemed
to be substituted.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. Fees established.
Type of Fee, Charge or Rate
|
Fee
|
---|
Concept plan/preliminary informal application
|
$400
|
Preliminary major subdivision
|
$500
|
Plus per lot
|
$40
|
Final major subdivision
|
$300
|
Plus per lot
|
$30
|
Minor subdivision
|
$350
|
Major site plan
|
$500
|
Per 10,000 square feet over 20,000 square feet of
lot area
|
$150
|
Per 1,000 over 1,000 of floor area
|
$20
|
Minor site plan
|
$250
|
Dimensional or bulk variances (except parking)
|
|
1 dwelling unit
|
$60
|
2 to 5 dwelling units
|
$250
|
5 or more dwelling units
|
$400
|
Per each unit over 5
|
$30
|
Nonresidential
|
$500
|
Parking variances
|
|
1 dwelling unit
|
$60
|
2 to 4 dwelling units
|
$250
|
5 or more dwelling units
|
$400
|
Nonresidential
|
$500
|
Conditional uses
|
|
Home occupation
|
$350
|
Residential
|
$150
|
Nonresidential
|
$500
|
Use variance
|
|
1 to 4 dwelling units
|
$400
|
5 or more
|
$750
|
Nonresidential
|
$850
|
Environmental impact statement
|
$300
|
Per 1,000 over 1,000 square feet of area
|
$30
|
Per 1,000 over 1,000 of floor area
|
$20
|
Requests for interpretation
|
|
1 to 4 dwelling units
|
$250
|
5 or more dwelling units
|
$400
|
Nonresidential
|
$450
|
Request for concept or zone change
|
$400
|
Request for final approval extension
|
|
1 dwelling unit
|
$150
|
All other residential C and minor subdivision
|
$350
|
Nonresidential C and major subdivision
|
$600
|
Site plan
|
$600
|
Use variance
|
$1,500
|
Request for special meeting of Board of Adjustment or Planning
Board
|
$1,500
|
Application for checklist waiver
|
|
Waiver of site plan
|
$200
|
Waiver of environmental impact statement
|
$200
|
All other checklist items per item (maximum 4 per
each type of checklist)
|
$60
|
Submission of revised plans and applications
|
$200
|
Submission of signature review plans
|
$200
|
Certification of preexisting or nonconforming use
|
$250
|
Zoning permits
|
|
1 dwelling unit
|
$50
|
2 to 4 dwelling units
|
$75
|
5 or more dwelling units
|
$110
|
Nonresidential
|
$175
|
Flood hazard restricted area development permit
|
$200
|
Amendments to approved site plans, subdivisions or other applications
after board approval is granted
|
50% of original application fee
|
Issuance and certification of list of property owners by Tax
Assessor pursuant to N.J.S.A. 40:55D-12C
|
$0.25 per name or $10 whichever is greater
|
Sign permit
|
|
Except roof sign
|
$100
|
Roof sign permit
|
$200
|
b. Escrows.
Type of Escrow
|
Fee
|
---|
Concept plan/preliminary informal application
|
$1,500
|
Preliminary major subdivisions
|
$5,000
|
Final major subdivisions
|
$5,000
|
Major site plan
|
$5,000
|
Minor site plan
|
$1,500
|
Minor subdivisions
|
$1,500
|
Variance - dimensional or bulk "c"
|
|
Single-family flat fee
|
$1,500
|
All other "c," per variance (maximum 3 variances)
|
$1,500
|
Conditional use
|
$1,500
|
Use variance "d"
|
$5,000
|
Flood hazard area restricted
|
$600
|
Environmental impact statement
|
$600
|
Plus per 10,000 over 10,000 square feet
|
$100
|
Per 1,000 over 1,000 square feet of floor area
|
$20
|
Appeals to Board of Adjustment
|
|
Alleging errors by the Administration Officer
|
$1,500
|
Seeking interpretation of ordinance
|
$1,500
|
Amendments/revised plans
|
$1,500
|
Extension of final approval single-family
|
$400
|
Extension of final approval all others
|
$1,500
|
Checklist waiver requests
|
$400
|
Waiver of site plan approval
|
$600
|
Certification of a preexisting or nonconforming use by Board
of Adjustment
|
$500
|
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. This chapter shall be enforced by the appropriate officials in the
Division of Land Use Administration within the Department of Code
Enforcement. It shall be the duty of the Division of Land Use Administration
within the Department of Code Enforcement to:
1. Inspect and investigate all complaints concerning possible violations
of this chapter and prosecute violations thereof.
2. Perform all the functions of the Zoning Officer in reviewing all
development applications for compliance with this chapter, including
making necessary inspections during the course of construction.
3. Issue zoning permits, or any other permit required by this chapter.
b. The Housing Inspectors and the Zoning Officer are hereby authorized
and directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the Town
of Morristown in order that he or she may perform his or her duty
of safeguarding the health and safety of the occupants of dwellings
and of the general public. For the purpose of making such inspections,
the Housing Inspectors and the Zoning Officer are hereby authorized
to enter, examine and survey at all reasonable times all dwellings,
dwelling units, rooming units and premises. If the owner or occupant
denies the Housing Inspectors and/or Zoning Officer access or entry
to any dwelling, dwelling unit, rooming unit or premises located within
the Town of Morristown, the Housing Inspectors and/or Zoning Officer
or his or her authorized representatives shall obtain a proper warrant
or other remedy provided by law to secure entry. Upon the issuing
of a proper warrant, the owner or occupant of every dwelling, dwelling
unit and rooming unit, or the person in charge thereof, shall give
free access to such dwelling, dwelling unit or rooming unit and its
premises at all reasonable times for the purpose of such inspection,
examination and survey. Every occupant of a dwelling or dwelling unit
shall give the owner thereof or his agent or employee access to any
part of such dwelling or dwelling unit or its premises at all reasonable
times, subject to due process and the laws of the State of New Jersey,
for the purpose of making such repairs or alterations as are necessary
to effect compliance with the provisions of this chapter or with any
lawful rule or regulation adopted or any lawful order issued pursuant
to the provisions of this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
This chapter shall apply to all applications pending before
the Planning Board and Board of Adjustment on the effective date hereof
that were not filed with the Administrative Officer and accepted as
complete by the appropriate Board on or before August 1, 2018. All
building permits legally issued prior to August 1, 2018, shall remain
in full force and effect.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. Every person, firm, or corporation violating any of the provisions of this Chapter
30 for which another penalty is not prescribed shall be liable, and punishable, upon conviction thereof, by a fine of not less than $1,500 or by imprisonment for a term not exceeding 90 days, or both, for each violation committed hereunder, provided that the owner of the subject property shall be afforded a thirty-day period to cure or abate such condition(s) and shall also be afforded an opportunity for a hearing before the Municipal Court for an independent determination concerning said violation. Subsequent to the expiration of the thirty-day cure period, a fine of not less than $1,500, may be imposed if the Municipal Court has not determined otherwise, or, upon reinspection of the subject property, it is determined that the abatement of the condition has not been substantially completed. Every day that a violation continues after service of written notice by ordinary mail on the owner of the subject property as shown in the latest tax duplicate and the posting of a copy of said notice on the subject property shall be deemed a separate offense.
b. Notwithstanding the provisions contained in this section hereinabove, every person, firm or business entity violating the provisions of §
30-835, Nonconforming Uses and Structures, of this Chapter
30, regarding the alteration or expansion of a nonconforming use or structure, shall be punishable by a minimum fine of not less than $500 per offense. Every day that each such violation(s) continues after service of written notice by ordinary mail on the owner of the subject property as shown in the latest tax duplicate and the posting of a copy of said notice on the subject property shall be deemed a separate offense and subject to the minimum fine of not less than $500 for each day the said violation(s) continues.
c. Notwithstanding the provisions contained in this Part
8, hereinabove, every person, firm or business entity violating the provisions of Parts 2, 3, 4, 5, 6, and 7 and Subsection
30-803.2 of this chapter shall be subject to the following fines:
1. Any violation of area, bulk and yard requirements in Parts 2, 3 and
4, regarding the violation of lot requirements, i.e., additions, decks,
garages, adding/increasing parking areas, front/side/rear yard parking,
fence height, and/or accessory structures shall be punishable by a
minimum fine of not less than $1,000 per offense.
2. Any violation of §
30-222, Residential Unit Requirements, shall be punishable by a minimum fine of not less than $1,250 per offense. Each day that the violation exists shall constitute a separate offense and the appropriate enforcing official shall issue daily summonses from the date that the violation is discovered or determined. In addition, the defendant/property owner shall be required to remove all improvements or construction which comprise the illegal living area to the satisfaction of the Zoning Officer within 10 days of a conviction of violation of the within provision. If, at the conclusion of that ten-day period, the defendant/property owner fails to remove said improvements, additional daily summonses shall be issued.
3. Notwithstanding the provisions contained in this section hereinabove, every person, firm or business entity violating the provisions of Article
8B, Submission Requirements, regarding the conversion or use of three or more dwelling units, or failure to comply with, or making unauthorized alterations to site plans previously approved by either the Planning Board or Zoning Board of Adjustment shall be punishable by a minimum fine of not less than $1,000 per offense. Every day that each such violation(s) continues after service of written notice by ordinary mail on the owner of the subject property as shown in the latest tax duplicate and the posting of a copy of said notice on the subject property shall be deemed a separate offense and subject to the minimum fine of not less than $1,000 for each day the said violation(s) continues.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. No building permit shall be issued for the erection, construction,
or moving of any one- or two-family structure or part thereof, unless
the plans and intended use indicate that such building or structure
is designed to conform in all respects to the provisions of this section.
b. Any application for a building permit involving land disturbance of 500 square feet or 10 cubic yards of soil or rock or more shall require a permit in accordance with Chapter
27, soil and soil removal.
c. No building to be used for detached one- and two-family structures
and no accessory structures, including fences and walls, driveways
and parking lots, shall be erected, raised, moved, extended, enlarged,
altered or demolished until a building permit has been granted by
the Construction Official. Application therefor shall be filed in
triplicate with the Construction Official by the owner or his agent,
and it shall state the intended use of the structure and of the land.
The application shall be accompanied by detailed plans and specifications,
a plot plan showing open spaces, building lines within the block,
the proposed building, setback limits, garage floor and first floor
elevations, proposed lot and curb elevations, existing and proposed
finished contour lines, limits of tree removal and such other information
as may be required to show that the proposed building or other structure
complies with all the requirements of the Uniform Construction Code
and Zoning Ordinance. Plans shall be drawn to scale and shall show
actual dimensions in figures. All lots shall be graded so that surface
waters will be carried away from building with no diversion of existing
surface water flows, and so as not to permit the collection of surface
waters on the lot. Contour lines shall be drawn at two-foot intervals.
d. All plans, specifications and plot plans shall be signed by a duly
licensed architect or a licensed professional engineer of the State
of New Jersey, or the owner may sign the building plans in the event
he personally has prepared them. If the building plans are signed
by the owner, he shall file an affidavit to that effect in accordance
with the requirements of the Uniform Construction Code, together with
an accurate survey of the property sealed by a licensed surveyor.
1. Two copies of the application shall be transmitted forthwith by the
Construction Official to the Town Engineer, who shall examine it with
respect to engineering.
2. Upon completion of construction the applicant shall submit as as-built
plot plan to the Town Engineer or his designee, who shall review and
compare finished grades and engineering details for compliance with
the original approved application.
e. No certificate of occupancy will be issued without the Town Engineer's
final approval.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Any off-tract water, sewer, drainage and street improvements
shall be adequate to serve the proposed development. In the event
that the Planning Board makes a finding that existing off-tract street
improvements, water, sewer or drainage facilities are inadequate and
that improvements to existing off-tract facilities are necessitated
by the proposed development, the Board may require the developer to
pay his pro rata share of all such improvements found to be reasonable
and necessary, in accordance with one of the following methods:
a. The Planning Board may recommend to the governing body that the improvements
be installed and assessed by the Town as local improvements, to be
paid for by all properties benefiting from the improvements.
b. The Planning Board may appoint a committee to determine the properties
benefited by the proposed improvement and a fair method of sharing
the costs thereof. The committee shall attempt to obtain signed written
agreements as to the sharing of such costs. No such agreement shall
be binding unless accepted and signed by all benefiting property owners,
but in the event of failure to reach agreement, the applicant shall
have the option of requesting the Planning Board to set the applicant's
percentage of the total cost of the improvements and depositing with
the Town Treasurer a sum equal to the applicant's percentage of the
total cost of improvements as estimated by the Town Engineer, which
money shall be held in escrow until such time as contracts for the
improvements are let or a decision is made not to proceed with the
improvements, or the expiration of one year from the date of issuance
of a certificate of occupancy to the applicant, in which latter two
events the moneys shall be refunded to the applicant.
1.
Employ any other method agreeable to the applicant and other
benefiting property owners.
c. In the event that all of the above methods fail, the Planning Board
may determine the cost of such off-tract improvements and the applicant's
fair share thereof, in which event the applicant shall have the remedy
of paying his share under protest pursuant to N.J.S.A. 40:55D-42.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
For any site plan which cannot be reasonably constructed within
a period of one year, the Planning Board may require, as a condition
of final site plan approval or otherwise, one or more of the following:
a. That final approval be granted in sections or stages.
b. That improvements be installed in a specified order.
c. That all or some building permits be withheld pending completion
of all or certain in-ground improvements or the posting of adequate
performance guaranties.
d. That the applicant perform all necessary measures, necessary or reasonable
to protect the environment, required by the duration of the construction
process.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. Installation guaranty. For any site plan involving the installation
of improvements which will become public property or will be maintained
or serviced by the Town of Morristown or any public agency, or which
will not be completed within one year of final site plan approval,
the Planning Board shall require the applicant to post a performance
guaranty consisting of an amount equal to 120% of the cost of installing
streets, grading, pavement, gutters, curbs, sidewalks, streetlighting,
shade trees, surveyor's monuments, water mains, culverts, storm sewers,
sanitary sewers, drainage structures, soil erosion and sediment control
devices, public improvements of open space, landscaping and other
on-site improvements. Such guaranty shall consist of cash of not less
than 1% nor more than 10% of the total, and a surety bond in favor
of the Town of Morristown for the balance of the estimation, issued
by a reputable surety company and in a form acceptable to the Town
Attorney.
b. Maintenance guaranty. Upon completion of the installation of all
required improvements but prior to issuance of a certificate of occupancy
for any development, the Town Engineer shall certify the cost of all
such improvements to be dedicated or conveyed to or maintained or
operated by the Town of Morristown. Prior to the issuance of the certificate
of occupancy, the developer shall post a maintenance guaranty in the
amount of 15% of the Engineer's certified cost of such improvements,
to guarantee maintenance thereof for a period of two years from the
date of the certificate of occupancy. Said guaranty shall consist
of cash of not less than 10% of the total guaranty and a surety bond
in favor of the Town of Morristown issued by a reputable surety company
and in a form acceptable to the Town Attorney.
c. Failure to complete guaranteed improvements. If the required improvements
are not completed or corrected in accordance with the terms and the
time limits of site plan approval and the performance guaranty, the
obligor and surety shall be liable thereon to the Town of Morristown
for the reasonable cost of completion or correction of the improvements
and all reasonable legal, engineering, architectural or other expenses
incurred in connection therewith, and the Town of Morristown may employ
any cash guaranty moneys for that purpose or proceed to do the necessary
work or contract therefor either before or after receipt of the proceeds
of the performance guaranty, and any failure by a developer to complete
or correct improvements and each day of continuation of such failure
shall be a separate violation of this chapter, subject to the penalty
provisions thereof.