[Amended 9-1-1977; 7-2-1996 by Ord. No. 4-96; 11-1-2005 by Ord. No. 10-05]
A.
The provisions of this chapter shall be administered
and enforced by the Code Enforcement Officer. In no case shall a permit
be issued for the erection or structural alteration of any building
nor shall an occupancy permit be granted for any building or land,
by the Building Inspector, where the proposed erection, structural
alteration or use thereof would be in violation of any of the provisions
of this chapter, except under written order of the Planning Board
or Township Committee.
B.
It shall be the duty of the Code Enforcement Officer
to investigate any violation of this chapter coming to his attention,
whether by complaint or arising from his personal knowledge, and,
if a violation is found, he shall serve notice upon the owner in writing
ordering remedy of the conditions found to be in violation of this
chapter. It shall be the duty of the Code Enforcement Officer or his
duly-appointed representative to inspect any building plans or premises
and to enter upon such premises in the course of his duties.
A.
No structure or part thereof shall be erected, constructed,
reconstructed, structurally altered or moved until a permit has been
granted by the Building Inspector. An application shall be filed by
the owner or his agent and shall state the intended use of both structure
and land. The application shall be accompanied by details, plans and
specifications, in duplicate, drawn to scale, and a plot plan, drawn
to scale, showing the location of proposed buildings with actual dimensions
in conventional measures or units, all open spaces, established building
lines within the block and other information that will be necessary
for the enforcement of this chapter.
B.
Zoning permits.
[Added 10-1-1987 by Ord. No. 7-87]
(1)
Zoning permits as defined in N.J.S.A. 40:55D-7 shall
hereafter be secured from the Land Use Administrator prior to construction,
erection or alteration of any structure or part of a structure or
use of a structure or land. All requests for zoning permits shall
be made in writing by the owner or his authorized agent and shall
include a statement of the use or intended use and shall be accompanied
by a plan of the plot showing thereon the size, shape and location
of all proposed structures and such other information as may be necessary
to provide for the enforcement of this chapter. The zoning permits
shall be granted or denied within 20 days from the date that a written
application is filed with the Land Use Administrator.
(2)
A building permit issued in accordance with the Building
Code of the Township pursuant to the provisions thereof shall be issued
only after or coincident with the issuance of a zoning permit certifying
that the application is in compliance with all provisions of this
chapter or an approved variance therefrom.
(3)
A building permit shall be secured from the Construction
Official prior to the construction, erection or alteration of any
building or structure, or part thereof, and prior to the putting into
use of any land, or part thereof, and no certificate of occupancy
shall be issued without the applicant having first obtained a zoning
permit.
(4)
An application fee of $20, payable to Sandyston Township,
shall be assessed for a zoning permit to provide for the cost of reviewing
such application.
[Amended 11-10-2015 by Ord. No. 2015-09]
The Building Inspector shall require from the
well driller, upon completion of each well, a copy of the log submitted
to the Bureau of Geology of the Department of Environmental Protection
of the State of New Jersey. The log shall show the depth and thickness
of each strata, its texture and the record of pumping performance
of the completed well.
No land shall be occupied or used and no buildings
that have been newly erected or altered shall be occupied or used,
in whole or in part, for any purpose whatsoever until a certificate
of occupancy has been issued by the Building Inspector, which provides
evidence that the premises or building, or both, complies with all
applicable ordinances of Sandyston Township. In service zones, a new
certificate of occupancy shall be required for each change of occupant.
No change or extension of use or alteration of use shall be made in
a nonconforming use without a certificate of occupancy having first
been issued by the Building Inspector, showing that the contemplated
changes are in conformity with the requirements of this chapter.
[Amended 10-1-1987 by Ord. No. 7-87]
It shall be the duty of the Building Inspector
to keep a record of all applications for building permits, a record
of all permits issued, a record of well logs and a record of occupancy
permits issued, together with a notation of all special conditions
involved. He shall file and keep copies of all plans submitted, and
the same shall form a part of the records of his office and shall
be available to the Township Committee and to other officials of the
Township of Sandyston. At the request of the Township Committee, the
Building Inspector shall prepare quarterly reports of such permits
applied for and issued and all complaints of violations and action
taken consequent thereto. A copy of the reports shall be filed with
the Township Tax Assessor.
[Amended 1-4-1994 by Ord. No. 8-93]
A.
A temporary permit may be issued for structures incidental
to construction projects on the same premises, such as a temporary
structure for storage of building supplies, tools and machinery or
a real estate office located on the tract offered for sale. Such permits
shall be issued at the discretion of the Zoning Official and shall
not run for a period of more than one year. Such permits may be renewed
annually by the Zoning Official for a maximum of three years, and
regardless of the period of activity, the issuance shall be conditioned
upon agreement of the owner to discontinue use of and to remove the
temporary structure upon expiration of the permit.
B.
A temporary permit may be issued at the discretion
of the Zoning Official, subject to reasonable terms and conditions,
for the maintenance and use of a mobile home at the site of any single-family
dwelling, the use of which has been interrupted by fire or other casualty.
Such temporary permit shall expire by its terms or upon completion
and approved occupancy of the permanent dwelling, whichever shall
occur first. The Zoning Official shall have the discretionary power
to extend such permits for good cause shown.
[Amended 10-2-1986]
Any person who shall violate any of the provisions
of this chapter or refuse to abate any violations within five days
after notification thereof; or who shall erect, alter, enlarge, build
or move any building or any structure; or who shall put into use any
lot of land in violation of any of the detailed statements or plans
submitted hereunder; or who shall refuse reasonable opportunity to
inspect any premises shall be liable to a fine of not more than $1,000
or to imprisonment in the county jail for a period not exceeding 90
days, or both. Each day such violation continues beyond the five-day
period of grace shall be deemed a separate and distinct violation
of this chapter. The owner, tenant or other occupant of any building
or structure or a part thereof where anything is in violation of this
chapter; any architect, builder, contractor, agent, person or corporation
employed in connection therewith; and whoever assists in the commission
of such violation shall each be guilty of separate offenses, and,
upon conviction thereof, each shall be liable to fine or imprisonment,
or both, as set forth above.
[Amended 9-3-1987 by Ord. No. 8-87; 7-2-1996 by Ord. No. 4-96]
Except as otherwise provided in this section,
the lawful uses of land or buildings existing at the date of the adoption
of this chapter, or any previous ordinance, may be continued although
such use or building does not conform to the regulations specified
herein for the zone in which such land or building is located; provided,
however, that:
A.
No lot, nonconforming due to size, shall be further
reduced in size.
B.
No nonconforming use may be expanded without the grant
of a variance by the Planning Board and that no nonconforming structure
may be expanded so as to increase the degree of nonconformity without
the grant of a variance by the Board of Adjustment.
C.
If a nonconforming use has been abandoned, such use
shall not be recommenced, Cessation of a nonconforming use for a continuous
period of one year may be taken as prima facie evidence of an intent
to abandon such use.
D.
A nonconforming building or structure may be repaired
in the event of the partial destruction thereof, provided that a building
permit is obtained within six months after the date of said destruction
and work is commenced within one year after issuance of the permit.
E.
No nonconforming use, if once changed into a conforming
use, shall be changed back into a nonconforming use.
F.
The lot upon which a nonconforming use is situated
shall not be added to for the purpose of enabling expansion of the
nonconforming use.
G.
Signs, in their original position at the time of the
adoption of this chapter, may be repainted and repaired but not enlarged.
Signs knocked down from whatever cause may be restored to their former
position but not moved to a new location without application for a
building permit and conformation with the provisions of this chapter.
[Amended 9-1-1977; 7-11-1985]
A.
B.
Such fees may be changed from time to time with the
approval of the Township Committee.[1]
[1]
Editor’s Note: Former Art XII, Growth Share, added 8-1-2006
by Ord. No. 8-06, as amended 5-13-2008 by Ord. No. 2008-04 and 7-8-2008
by Ord. No. 2008-12, which immediately followed this section, was
repealed 1-11-2011 by Ord. No. 2010-12.
