Unless otherwise stated in this chapter, these regulations and
procedures shall apply uniformly throughout the City, regardless of
zoning district boundaries.
It is the purpose of these regulations to describe procedures
by which the administration of this chapter shall take place. Nothing
contained in this article shall be interpreted as limiting the adoption
of administrative regulations which do not supersede stated procedures.
A.
Appointment; duties. The City Manager shall appoint a Construction
and Zoning Official whose duties shall be the administration of this
chapter, including, but not limited to:
(1)
Examine all permit applications and required documents.
(2)
Record and file all applications for permits with accompanying plans,
all permits issued with notation of all special conditions involved,
and all complaints. Such record shall be subject to inspection.
(3)
Issue all building and occupancy permits after due inspection to
determine that all requirements of this chapter have been satisfied.
(4)
Report regularly to City Council at Council's direction, the number
of permits issued, the estimated cost of such work, the fees received
by him and paid by him to the Treasurer, all complaints and action
taken thereon, and any other activity performed.
(5)
Receive all required fees.
(6)
Issue all stop orders.
(7)
Maintain an updated copy of this chapter and the accompanying Zoning
District Map, and a fee schedule which shall be available to the public.
(8)
Establish from time to time, and exercise such other powers, duties,
functions, and responsibilities as are prescribed by the City Manager.
A.
Scope. A building permit shall be required prior to any activity regulated by the scope of this chapter as stated by §§ 525-8 through 525-11. A building permit shall be required in each of the following instances:
(1)
The construction of any building or permanent structure.
(2)
Any exterior addition to any building or structure which expands
its bulk.
(3)
Any interior renovation involving alteration of structural members.
(4)
Any conversion which increases the number of dwelling units or creates
additional activity accessory to the primary use.
(5)
The construction, erection or establishment of signs.
(6)
Any other activity as regulated by the NJ State Uniform Construction
Code.
B.
Application procedures. Applications shall be made in writing to
the Construction Official on a form specified for such purpose and
shall contain the following:
(1)
Map of the lot showing all dimensions and the exact locations on
the lot of all proposed buildings, structures, or alterations.
(2)
Statement indicating the existing use, the proposed use, and the
number of families the building is designed to accommodate.
(3)
Description of any proposed building or addition.
(4)
Statement explaining any proposed external alterations which increase
the height or area of any existing building.
C.
Review procedure. Permits shall be granted or denied within 45 days
from the date of application except where applicable review procedures
require alteration of this time. All approved permits, together with
the accompanying information, shall be a public record. No permit
shall be granted unless the applicant has received all approvals required
by federal, state or local law.
D.
Effect of a plan approval. If a site plan approval has been granted in accordance with Chapter 417, Site Plan Review, a building permit may be issued immediately following review of specific construction plans assuming all conditions of the site approval have been satisfied, and all required approvals are obtained.
E.
Denial. No building permit shall be granted unless the application
conforms to the requirements of this chapter and to the requirements
of the State of New Jersey, Uniform Construction Code, Chapter 23,
Title 5, New Jersey Administrative Code. If the denial is based upon
an interpretation of this chapter, the applicant shall be informed
of his rights of appeal to the Zoning Board of Adjustment. If the
denial is based upon a violation of this chapter, then the applicant
shall be informed of his right to request a revision of the chapter
by an amendment, or to apply for a variance.
F.
Duration of permit. All building permits granted shall remain valid
for a period of one year. If the applicant has not undertaken 25%
of the work required, the permit shall become invalid.
A.
Scope. A certificate of occupancy shall be required upon the completion
of the work contemplated in the building permit. No building or permanent
structure except attached signs shall be utilized in any manner until
a certificate of occupancy is issued.
B.
Application procedures. Application shall be made in writing to the
Construction Official on a form specified for such purposes.
C.
Issuance. Certificates of occupancy shall be granted or denied within
10 days from the date of application. No application shall be granted
or refused until the Construction Official has inspected the premises.
Issuance of this certificate shall be based on conformance of the
work to the requirements of this chapter and plans submitted to the
Construction Official.
D.
Effect of performance standards. In commercial and industrial zoning
districts in which performance standards are imposed, no certificate
of occupancy shall become permanent until 30 days after the facility
is fully operating and it is determined that the facility is in compliance
with all performance standards.
E.
Denial. No certificate of occupancy shall be granted in violation of the requirements of this chapter, except upon a mandate from the Zoning Board of Adjustment or an appropriate court of law. Within 10 days after denial, the Construction Official shall issue a stop construction order, as in § 525-81. The applicant shall be informed of his right of appeal to the Zoning Board of Adjustment as provided by § 525-83 on appeals, or a revision of zoning district as provided by § 525-85 on amendments. These shall constitute the extent of rights available to the applicant under this chapter. No certificate of occupancy shall be granted in violation of the requirements of the State of New Jersey Uniform Construction Code, Chapter 23, Title 5, New Jersey Administrative Code.
A.
Determination. All fees shall be determined by the City Council,
and a schedule of such fees shall be made available to the general
public. The City Council shall be empowered to reevaluate the fee
schedule and make necessary alterations to it. Such alterations shall
not be considered an amendment to this chapter and may be adopted
at any public meeting of the Council by ordinance.
B.
Basis of fee structure. Fees shall be sufficient to cover the costs
of the required procedures imposed by this chapter and other City
ordinances.
C.
Time of payment. All fees shall be paid before any action required under this chapter may be taken. Failure to do so shall be a violation as defined by § 525-84 on violations.
D.
Method of payment. Payment of all fees may be made by cash or check
payable to "City of Cape May." When deemed advisable, a certified
check may be required.
E.
Place of payment. All fees payable to the City of Cape May shall
be paid to the Construction/Zoning Official in City Hall.
A.
Scope. A stop order may be issued in the following instances:
(1)
If activities regulated by this chapter are undertaken without an
effective building permit or sign permit being granted.
(2)
If an activity undertaken under an effective building permit deviates
from the application either during or after completion of the work.
(3)
If an activity undertaken violates the requirements of the State
of New Jersey Uniform Construction Code, Chapter 23, Title 5, New
Jersey Administrative Code.
B.
Notice to owner. A stop order shall be issued by the Construction
Official and delivered to the owner of any property or his agent.
Delivery shall be construed to include personal service, or service
by certified mail and posting on the property.
C.
Contents. The stop order shall be in writing and state the nature
of the violation and under which conditions work or use may continue.
A time not to exceed five days may be permitted to allow for necessary
corrections.
The Planning Board shall have the powers and responsibilities as provided for in the statutes of New Jersey and all applicable ordinances of the City, whether same be codified or uncodified, including inter alia, Chapter 445, Subdivision of Land, Chapter 525, Zoning, and Chapter 59, Land Use Procedures, of the Code of the City of Cape May, and all amendments and supplements thereto.
The Zoning Board of Adjustment shall have the powers and responsibilities as provided for in the statutes of New Jersey and all applicable ordinances of the City, whether same be codified or uncodified, including inter alia, Chapter 445, Subdivision of Land, Chapter 525, Zoning, and Chapter 59, Land Use Procedures, of the Code of the City of Cape May, and all amendments and supplements thereto.
A.
B.
Each day that such violation exists shall constitute a separate offense.
C.
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 any such violation, shall each be guilty of a
separate violation, and upon conviction thereof shall each be liable
to the penalty specified above.
D.
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 City may institute an action to enjoin or take any other appropriate
action or proceeding to prevent such erection, construction, reconstruction,
alteration, conversion or use.
All amendments to this chapter shall be in accordance with the
provision of N.J.S.A. 40:55D-62 and 40:55D-64.note
All provisions of the Urban Renewal Land Use Plan, heretofore
adopted by the City, and all designations on the Land Use Plan, URP
Map No. 2, dated February 1, 1974, as supplemented and amended, are
hereby further amended to conform to the provisions of this chapter
and the zoning districts established pursuant hereto.
