A.
The duty of administering and enforcing the provisions
of this chapter is conferred upon, but not reserved solely upon, the
Zoning Officer, who shall have such powers as are conferred upon him
or her by this chapter and as reasonably may be implied. The Construction
Code Official, Department Head/Director of the Building and Development
Department and/or Administrative Director of City Planning, or their
designee or a designee or alternate designee as appointed by the Council
of the City, may be appointed Zoning Officer. In no case shall a permit
be granted for the construction or alteration of any building where
the proposed construction, alteration or use thereof would be in violation
of any provisions of this chapter. It shall be the duty of the Zoning
Officer to cause any building, plans or premises to be inspected or
examined and to order, in writing, the remedying of any condition
found to exist in violation of this chapter, and he shall have the
right to enter any building or premises during the daytime in the
course of his duties.
[Amended 10-24-2000 by Ord. No. 38-00]
B.
Where the Zoning Officer in the course of his duties
determines that any plans, buildings or premises are in violation
of the provisions of this chapter, he shall order the responsible
party, in writing, to remedy such conditions. Such written order shall
specify the nature of the violation found to exist, the remedy ordered
and time permitted for such action, the penalties and remedies which
may be invoked by the City and the violators' rights of appeal as
provided for by this chapter and the laws of the State of New Jersey.
C.
A copy of the written order shall be transmitted to
the Construction Code Official, who shall thereupon refuse to grant
such applicant a building permit or certificate of occupancy until
the above violations have been remedied. Where such violations apply
to an existing structure or use, the Construction Code Official shall
cause the certificate of occupancy for the building or premises in
question to be held null and void. A new certificate of occupancy
shall be required for any further use of such building or premises.
D.
In case any building or structure is erected, constructed,
altered, repaired, converted or maintained, or any building, structure
or land is used in violation of the Municipal Land Use Law[1] or of this chapter or other regulation made under authority
conferred hereby, the City of Long Branch or the Zoning Officer of
the City of Long Branch or any interested party, in addition to other
remedies, may institute any appropriate action or proceeding to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use to restrain, correct or abate
such violation, to prevent the occupancy of such building, structure
or land or to prevent any illegal act, conduct, business or use in
or about the premises.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E.
Enforcement procedure.
(1)
Prior to construction and operation. Any application
for a building permit for a use which shall be subject to performance
standards shall be accompanied by a sworn statement filed by the owner
of the subject property or the operator of the proposed use that such
use will be operated in accordance with the performance standards
set forth herein.
(2)
Continued compliance. Continued compliance with performance
standards is required and shall be enforced by the Construction Code
Official.
(3)
Termination of violation. All violations shall be
terminated within 30 days or shall be deemed a separate violation
for each day following and subject to fines as set forth within.
(4)
Violation inspection.
(a)
As a condition of approval and the continuance
of any use, occupancy of any structure and operation of any process
or equipment, the applicant shall supply evidence, satisfactory to
the Planning Board or to its designated representative, that the proposed
use, structure, process or equipment will conform fully with all of
the applicable performance standards. As evidence of compliance, the
Board may require certification of tests by appropriate government
agencies or by recognized testing laboratories, any costs thereof
to be borne by the applicant. The Planning Board may require that
specific operating procedures or methods be followed or that specific
types of equipment, machinery or devices be installed if the government
agencies or testing laboratories examining the proposed operation
shall determine that the use of such specific types of machinery,
equipment, devices, procedures or methods are required in order to
ensure compliance with the applicable performance standards. Permits
and certificates required by other government agencies shall be submitted
to the Planning Board as proof of compliance with applicable codes.
The Construction Code Official shall be the designated representative
for the Planning Board for the purpose of this subsection.
(b)
Whenever in the opinion of the Construction
Code Official there is a reasonable probability that any use or occupancy
violates the regulations of this chapter, he is hereby empowered to
employ a qualified technician or technicians to perform investigations,
measurements and analyses to determine whether or not the regulations
of this chapter are being violated. In the event that a violation
is found to exist, the violator shall be liable for the reasonable
fees of the technicians employed to perform such investigations, measurements
and analyses.
A.
Zoning permits. Zoning permits, where required, shall
be secured from the Zoning Officer prior to the issuance of a building
permit for the construction or alteration of any structure or part
of a structure or upon a change in the use of the land or a structure.
Such permits shall be valid for not more than one year from the date
of issuance.
[Amended 7-25-2000 by Ord. No. 27-00]
B.
Conditional use permits.
(1)
Applications for conditional use permits for conditional
uses provided for under this chapter shall be made to the Planning
Board through the Secretary of the Planning Board upon the forms supplied
by him.
(2)
All applications shall be filed not less than 31 days
prior to the meeting at which the initial consideration of the application
is requested.
(3)
No application for a conditional use permit shall
be acted upon unless and until it is determined to be complete in
every respect, pursuant to N.J.S.A. 40:55D-10.3, including but not
limited to necessary supporting data, papers, certificates, plans
and fees, and all other items set forth in the Long Branch development
application checklist dated February 1, 2006, incorporated herein
by reference.[1] Any applicant for development shall be given a copy of
the aforesaid checklist upon request for a development application.
He may seek waiver of any of the aforesaid provisions pursuant to
the aforesaid statute.
[Amended 4-11-2006 by Ord. No. 9-06]
[1]
Editor's Note: the application checklist is
on file in the City offices.
(4)
Upon receipt of the application, the Secretary of the Planning Board shall transmit copies of the plans and information to those persons or agencies referred to in § 345-14 for action as required therein.
(5)
Application details.
(a)
The application for a conditional use permit
shall be made, in quadruplicate, accompanied by a detailed statement
of what is intended and setting forth the need and purpose of the
proposed construction.
(b)
The plans and information accompanying an application
for a conditional use permit shall also include the following:
[1]
The location, use, design, specification, floor
plan, dimensions and height of each proposed building or structure.
[2]
Existing property lines, streets and buildings
within 500 feet of the property.
[3]
The location and arrangement of vehicular accessways
and the location, size and capacity of all areas to be used for off-street
parking, loading and unloading.
[4]
The location and dimensions of sidewalks, walkways
and all other areas to be devoted to pedestrian use.
[5]
The design and treatment of buffer areas and
screening devices to be maintained, including dimensions of all areas
devoted to planting, lawns, trees or other landscaping devices.
[6]
Sufficient data to indicate the effects of the
proposed use development in producing traffic congestion and safety
hazards and sufficient additional data to enable the Planning Board
to determine compliance with the design requirements set forth in
this and other pertinent sections of this chapter.
(6)
The Planning Board shall hear the matter in accordance with the requirements of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and Chapter 69, Land Use Procedures. All provisions therein (including but not limited to publication of notice, serving of notices, certification of payment of taxes, hearing and appeal procedures) shall apply.
(7)
If the Planning Board determines that the application
is incomplete, it shall advise the applicant to that effect through
its Secretary within 45 days of the date of submission of the application
to the Secretary and shall specify the nature of the incompleteness;
and it shall either require the applicant to submit amended or revised
applications to the Secretary or to supply additional specific data
or documents to the Board.
(8)
If the Planning Board determines the application is
complete, it shall schedule the matter for hearing and advise the
applicant of the date of the hearing.
(9)
Conditional uses shall be granted by the Planning
Board on the basis of the requirements and standards for these uses
set forth in the regulations for the particular zone of this chapter
where they are allowed. A conditional use shall be granted or denied
within 95 days from the date the application is determined to be complete
or within such further time as may be consented to by the applicant.
Otherwise the Planning Board shall be deemed to have granted final
approval, and a certificate of the Secretary as to the failure of
the Planning Board to act shall be issued on request of the applicant.
(10)
The Planning Board shall have the power to review
and approve or deny conditional uses and site plans simultaneously
without the applicant being required to make further application to
the Board or the Planning Board being required to hold further hearings.
The longer time period for action by the Planning Board, whether it
be for site plan or conditional use, shall apply. Whenever approval
of a conditional use is requested by the applicant under this subsection,
notice of the hearing on the site plan shall include a reference to
the request for such conditional use.
(11)
The Planning Board may impose any modifications
and conditions it deems necessary to carry out the intent of this
chapter or to protect the health, safety and welfare of the community.
If the application is granted, the Zoning Officer shall be empowered
to issue a permit upon request of the applicant in accordance with
the terms and conditions of the Board's approval.
C.
Temporary use permits. It is recognized that it may
be in accordance with the purpose of this chapter to permit temporary
activities for a limited period of time, whether such activity may
or may not be permitted by other provisions of this chapter. The Planning
Board and Zoning Board of Adjustment are hereby empowered to grant
temporary use permits. This chapter does not require an application
for such activities as circuses, fairs, religious events, special
sales and similar activities which must be approved by the City Council.
The Planning Board shall have jurisdiction, however, to grant temporary
use permits for any use permitted in a particular zone. All other
applications for temporary use permits shall be subject to the jurisdiction
of the Zoning Board of Adjustment. The appropriate Board shall determine
that such uses are of such a nature and are so located that at the
time of petition they will in no way exert a detrimental effect upon
the uses of land and the activities normally permitted in the zone,
but rather contribute materially to the general welfare of the City,
particularly in a state of emergency, under conditions peculiar to
the time and place involved. Upon such determination, the appropriate
Board shall direct the Construction Code Official to issue a certificate
of occupancy for a period not to exceed six months.
D.
Building permits. No building or structure shall be
erected, added to or structurally altered until a permit has been
issued by the Construction Code Official. All applications for such
permits shall be in accordance with the requirement of the building
code.[2]
E.
Certificates of occupancy. Certificates of occupancy
shall be issued by the Construction Code Official in the manner prescribed
in the Building Code. On the serving of notice by the Zoning Officer
to the owner of any violation of any of the provisions or requirements
with respect to any building or use thereof or of land, as specified
in this chapter, the certificate of occupancy for such use shall be
deemed to be in violation of this chapter and subject to penalty.
A new certificate of occupancy shall be required for any further use
of such land or building. No fee shall be charged for an original
certificate of occupancy as required herein; but for each copy of
an original certificate, there shall be a charge of $1, which shall
be remitted to the City Treasurer by the issuing officer in accordance
with the manner of reporting and payment as is generally provided.
It shall be the duty of the Zoning Officer to
keep a record of all applications for zoning permits, a record of
all permits issued and a record of all certificates of occupancy,
which he countersigns, together with a notation of all special conditions
involved. He shall file and safely keep copies of all plans submitted,
and the same shall form a part of the records of his office and shall
be available for the use of the officials of the City. The Zoning
Officer shall prepare a monthly report for the City Council, summarizing
for the period since his last report all zoning permits and certificates
countersigned by him and all complaints of violations and the action
taken by him and consequent thereon. A copy of each report shall be
filed with the City Tax Assessor at the same time it is filed with
the City Council.
The City Council shall fix the fees for permits
and designate the official authorized to issue the same.
A.
This chapter may be enforced by the Zoning Officer, Supervisor of the Building Department, administrative head of City Planning, Construction Code Official or police officer of the City of Long Branch, all of whom are empowered to cause any building, structure, plans or premises to be inspected and examined and to order the remedying of any condition found to exist therein or thereafter in violation of any provision of this chapter. The owner or agent of a building or premises where a violation of any provision of this chapter shall have been committed or shall exist or the lessee or tenant of any part of the building or premises in which such violation shall have been committed or shall exist or the agent, architect, builder, contractor or any other person who shall commit, take part or assist in any such violation or who shall maintain any building or premises in which any violation of this chapter shall exist shall, for each and every violation, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I. Each day that a violation is permitted to exist shall constitute a separate offense.[1]
B.
In addition to the powers given to the Zoning Officer,
as aforesaid, the owner of any property in the City of Long Branch
may make a complaint for any violation of this chapter or any provision
or section thereof and, upon conviction in such case, the penalties
hereinbefore provided shall be imposed.
C.
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 City of Long Branch or by the Zoning Officer of the City of
Long Branch or by the owner of any property in the City of Long Branch
by appropriate action or proceeding in equity or otherwise to prevent
and enjoin any threatened violations or any existing violation of
this chapter or any provision or section thereof.
In the application and interpretation of this
chapter, all provisions hereof shall be held to be minimum standards
or requirements adopted for the promotion of the public health, safety,
convenience and general welfare of the City. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted rules, regulations or ordinances, the most restrictive,
or that imposing the highest standards, shall govern.
A.
All ordinances and parts of ordinances inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such inconsistencies. All plans submitted to appropriate municipal
authorities for approval and to obtain the issuance of building permits
for a use permitted under this chapter, which use is, subsequent to
filing of the plans, prohibited by an amendment to this chapter, may
continue to be processed by the municipal authorities, provided that
no building permits shall be issued under this section later than
one year after such an amendment has been made prohibiting a use under
this chapter.
