These rules, regulations and standards shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Borough. If an applicant
or his agent can clearly demonstrate that, because of peculiar conditions
pertaining to his land, the literal enforcement of one or more of
the regulations within this chapter is impracticable or will exact
undue hardship, the appropriate municipal agency may permit one or
more exceptions as may be reasonable and within the general purpose
and intent of the rules, regulations and standards established by
this chapter.
For any and every violation of the provisions
of this chapter, the owner, contractor or other person or persons
interested as lessee, tenant or otherwise in any building or premises
where such violations have been committed or shall exist and who refuses
to abate such violation within five days after written notice has
been served upon him, either by registered mail or by personal service,
shall be subject to a fine.
[Added 10-4-2005 by Ord. No. 1199]
A.
Expiration of permits. No zoning permit shall be valid
or effective one (1) year from the date of issuance thereof, and it
shall thereafter be null and void unless the use, change or use, extension
of nonconforming use, erection, construction, repair, remodeling,
conversion, removal, destruction or moving, alteration, or relocation
of a building or structure authorized by such permit shall have been
substantially commenced within one year from the date of issuance
and proceeded with due diligence.
B.
Exemptions.
(1)
Existing residential structures. Notwithstanding any provision in this chapter to the contrary and except as provided in Subsection B(3) below, no zoning permit shall be required for the following work on existing residential structures:
(a)
Installation, replacement or repair of siding
(involving no additional square footage added to structure).
(b)
Replacement or repair of existing roof or existing
roof shingles (involving no additional square footage added to structure).
(c)
Installation, replacement or repair of windows.
(d)
Square footage added or enclosure of same.
(e)
Replacement or repair of existing steps (involving
no increase in size of steps, width or length).
(f)
Replacement or repair of existing sewer or septic
lines. If this involves curb, sidewalks, or streets, a street opening
permit shall also be secured from the Township Clerk's office.
(2)
Handicapped exemptions. No zoning permit fee
shall be required for the construction, reconstruction, alteration,
improvement or repair of a structure used for the sole purpose to
promote accessibility by the handicapped; "handicapped" being defined
under N.J.S.A. 52:27D-126e.
(a)
Upon application for and at the discretion of
the Zoning Officer, the construction, reconstruction, alteration,
improvement and/or repair or installation of ramps, lifts, etc., associated
with the accessibility of handicapped persons may be permitted to
infringe upon setback requirements of residential property when it
has been established that no other feasible means of accessibility
is available.
(b)
Before granting the application that contains
an infringement upon a setback requirement, the following conditions
must be met:
[1]
Just cause must be shown to the
Zoning Officer why accessibility cannot be met under the current zoning
regulations;
[2]
The requested infringement shall
not exceed any further than the minimum building requirements of the
current N.J.A.C. 5:23 7, Barrier-free Code, and subsequent amendments
or additions thereto;
[3]
The applicant owner, or occupant
with owner permission, shall agree in writing to remove said ramp,
lift, or other structure from the infringement area upon the death
of the handicapped person, the relocation of the handicapped person,
sale or rental of the property to a nonhandicapped person or in the
event that the disability no longer exists.
(3)
Conditions for exemption. There shall be no
exception from the requirement of a zoning permit for existing residential
structures if the work involves any one or more of the following:
(a)
Change in the front, rear or side yard setback;
(b)
An increase in lot coverage;
(c)
A change of use that increases the number of
dwelling units;
(d)
A change that results in the need for a variance
or exception;
(e)
An expansion of a nonconforming use; or
(f)
Structural changes, addition of square footage
to the structure or roof or the enclosure of existing open porch or
patio.
C.
Certification statement. No exception shall be granted
unless the applicant fully completes, signs and files a certification
statement of work form provided by the Construction Code Official.
D.
Relationship to construction permits. Nothing herein
shall be construed to obligate the requirement for applying for and
obtaining any required construction permit.
A.
The following shall be unlawful until a certificate
of occupancy shall have been applied for and issued by the Construction
Official:
(1)
Occupancy and use of a building erected, reconstructed,
restored, altered or moved or any change in use of an existing building.
(2)
Occupancy, use or any change in use of vacant land.
(3)
Any change in use of a nonconforming use.
(4)
Occupancy and use of any enlargement to an existing
structure.
(5)
Change in ownership and/or change in occupant in a
nonresidential use.
B.
A certificate of occupancy shall be deemed to authorize
and is required for both initial occupancy and the continued occupancy
and use of the building or land to which it applies.
C.
It shall be the duty of the Construction Official
to issue a certificate of occupancy only when:
(1)
The structure or part(s) thereof and the proposed
use of the structure(s) and land conform to this chapter and all other
applicable codes and ordinances of the Borough.
(2)
Prior conditional use, site plan, subdivision and
variance approvals, as may be necessary, have been granted by the
appropriate municipal agency or municipal agencies in accordance with
the provisions of this chapter and the proposed structure or part(s)
thereof and the proposed use of the structure(s) and land comply with
all conditions and requirements imposed as part of such approvals.
(3)
All local taxes and assessments on the property have
been paid.
(4)
A letter from each utility company has been received
by the Borough stating that the utility has been inspected, has been
installed in accordance with the approved plan and is ready for use.
E.
A certificate of occupancy shall be granted or denied
in writing within 20 days from the date that a written notification
is filed with the Construction Official that the erection of the structure
is completed, unless additional time is agreed upon by the applicant
in writing. If the application is denied, the Construction Official
shall state the reason for such denial on two copies of the application
and return one copy to the applicant.
F.
With respect to any finally approved subdivision and/or
site plan or subsection thereof, a certificate of occupancy shall
be issued only upon completion of such portion of the following improvements
as may be deemed by the Borough Engineer to be needed to serve the
premises being offered for occupancy:
(1)
Curbs.
(2)
All utilities.
(3)
Water supply and sewerage treatment facilities, which
shall be functioning and servicing the property in question.
(4)
Storm drainage facilities.
(5)
Rough grading of the property.
(6)
Base course of the street or streets serving the property.
(7)
Base course of driveways and parking areas.
(8)
Street names and traffic regulatory signs.
G.
With respect to any individual residential lot within
a subdivision, a certificate of occupancy shall be issued only upon
the completion of the following improvements, in addition to those
listed hereinabove, to the extent that the same are required as part
of a subdivision approval:
H.
A copy of any issued certificate of occupancy shall
be kept on file at the premises affected and shall be shown to the
Construction Official upon request.
I.
A temporary certificate of occupancy may be issued
by the Construction Official for any structure or use for which approval
has been granted although not all conditions of said approval have
been complied with. Such temporary certificate of occupancy shall
be issued only in extenuating circumstances and only subject to specific
terms and conditions, including but not limited to a timetable for
achieving full compliance with all such conditions and for the completion
of all required improvements and the receipt of a performance guaranty
assuring the installation of the improvements as indicated on the
approved plat or plan.
In case any building or structure is erected,
constructed, reconstructed, altered, moved or converted or any building,
structure or land is used in violation of or contrary to the provisions
of this chapter, the Borough may institute an action to enjoin or
any other appropriate action or proceeding to prevent such erection,
construction, reconstruction, alteration, conversion or use. However,
nothing in this chapter shall be construed to restrict the right of
any party to obtain a review by any court of competent jurisdiction
according to law.
A.
Any person, firm or corporation that shall violate
any provisions of this chapter shall, upon conviction thereof by any
court authorized by law to hear and determine the matter, be fined
such sum not exceeding $2,000, as such court in its discretion may
impose; or, if the party so convicted is a natural person, such person
may be imprisoned for such term not exceeding 90 days or be subject
to a period of community service not exceeding 90 days or be fined
a sum not exceeding $2,000, or any combination thereof, as such court
in its discretion may impose; or natural person may be imprisoned,
fined and subject to community service not exceeding the maximum limits
set forth herein, as such court in its discretion may impose. Each
day that such violation continues beyond a ten-day period following
written notice by the Construction Official served by certified or
registered mail or personal service shall constitute a separate offense.
[Amended 10-19-2004 by Ord. No. 1181; 6-19-2018 by Ord. No. 1451]
B.
The owner of any building or structure, lot or land
or part thereof and/or the tenant or occupant of any building or structure,
lot or land or part thereof where anything in violation of this chapter
shall be placed or shall exist or be suffered, allowed or permitted
to exist and any architect, builder, developer, contractor, agent,
person or corporation engaged in connection therewith and who assists
in the commission of such violation shall each be guilty of a separate
violation and, upon conviction thereof, shall each be liable to the
fine or imprisonment, or both, specified hereinabove.
If, before final subdivision approval has been
granted, any person, as owner or agent, transfers or sells or agrees
to transfer or sell any land which forms a part of a subdivision for
which municipal approval is required in accordance with the provision
of this chapter, except pursuant to an agreement expressly conditioned
on final subdivision approval, such person shall be subject to the
requirements of N.J.S.A. 40:55D-55.
