[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.