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. Any action
taken by the Borough under the terms of this chapter shall give primary
consideration to the above mentioned matters and to the welfare of
the entire community. Moreover, 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 these regulations
is impracticable or will exact undue hardship, the appropriate municipal
agency may permit such exceptions or exceptions as may be reasonable
and within the general purpose and intent of the rules, regulations
and standards established by this chapter.
The office of the Borough Zoning Official of
the Borough of Chatham is hereby established. Appointments to the
office of the Borough Zoning Official shall be made by the Mayor,
subject to confirmation by the Borough Council of the Borough of Chatham.
The term of office shall be one year. A vacancy in the office shall
be filled by the Mayor subject to confirmation by the Borough Council
for the unexpired term.
[1]
Editor’s Note: This ordinance provided that all references
to “Zoning Officer” in this chapter be changed to “Borough
Zoning Official” or designee and/or the Administrative Secretary
of the Planning Board or Zoning Board of Adjustment, and further provided
that any reference made in the ordinance to the Borough Zoning Official
and/or his/her designee shall also include and apply to the Administrative
Secretary of the Planning Board and the Administrative Secretary of
the Zoning Board of Adjustment, as appropriate.
A.
Construction Official and Borough Zoning Official.
It shall be the duty of the Construction Official and Borough Zoning
Official of the Borough to administer and enforce the provisions of
this chapter. No structure shall be erected until a construction permit
is obtained from the Construction Official and no structure or lot
shall be used in violation of this chapter. It shall be the duty of
the Construction Official to keep a record of all applications and
all construction permits which are either issued or denied, with notations
of any conditions involved, which data shall form a part of the Borough
public records. A monthly report of construction permits issued shall
be filed with the Borough Tax Assessor. It shall be the duty of the
Borough Zoning Official, either in the course of the everyday exercise
of his responsibilities or pursuant to a direct request by the administrative
officer, to inspect the structures and land in the Borough and order
the owner in writing to remedy any condition found to exist in violation
of any provision(s) of this chapter. The owner shall have 30 days
within which time to respond in writing to the purported violations
and indicate the remedies to be taken. Such response, or lack of a
response, shall be immediately communicated in writing by the Borough
Zoning Official to the administrative officer.
[Amended 3-11-2013 by Ord. No. 13-04]
B.
Construction permits. Every application for a construction
permit shall be accompanied by three sets of plans drawn in ink or
a blueprint showing the actual shape and dimensions of the lot to
be built upon, the exact location, size and height of all existing
and proposed structures and substructures, all existing easements,
the existing or intended use of each structure, the number of dwelling
units the structure is designed to accommodate, the number and location
of off-street parking spaces and off-street loading areas and such
other information with regard to the lot and neighboring lots as may
be necessary to determine and provide for the enforcement of this
chapter. A construction permit shall be granted or denied within 10
days from the date of a complete application unless additional time
is agreed upon in writing by the applicant. one copy of such plans
shall be returned to the owner when such plans shall have been approved
or denied by the Construction Official together with such permit as
may be granted. All dimensions shown on these plans relating to the
location and size of the lot to be built upon shall be based on an
actual survey of the lot by a licensed land surveyor in the State
of New Jersey. The lot and the location of the structure(s) thereon
shall be staked out on the grounds before construction is started.
No construction permit shall be issued for any structure until prior
site plan, subdivision and variance approvals, as may be necessary,
have been granted by the appropriate municipal agency in accordance
with the provisions of this chapter.
C.
Certificate of occupancy.
(1)
It shall be unlawful to use or permit the use of any
structure or part(s) thereof, either transferred to a new owner, or
occupied by a new use or new occupant or hereafter erected, altered,
converted or enlarged wholly or in part, until a certificate of occupancy
shall have been issued by the Construction Official. The owner of
record or his agent shall obtain the certificate of occupancy and
it shall be the duty of the Construction Official to issue a certificate
of occupancy only when he is satisfied that the structure or part(s)
thereof and the proposed use conform to this chapter and all other
applicable codes and ordinances of the Borough.
[Amended 2-13-1979 by Ord. No. 2-79; 12-14-1987 by Ord. No.
16-87A]
(2)
A certificate of occupancy shall be granted or denied
in writing within 10 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.
(3)
A temporary certificate of occupancy may be issued
for any structure or use for which site plan 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 with the approval of the Planning Board which
may establish specific terms and conditions.
(4)
Should the Construction Official decline to issue
a certificate of occupancy, his reasons for doing so shall be so stated
on two copies of the application and one copy shall be returned to
the applicant.
(5)
Upon notice being served of any condition found to
exist in violation of any provisions of this chapter with respect
to any land use, the certificate of occupancy for such use shall thereupon,
without further notice, be null and void and a new certificate of
occupancy shall be required for any further use of such structure
or land.
(6)
A monthly report of the certificates of occupancy
issued shall be filed with the Borough Tax Assessor and administrative
officer. A record of all certificates of occupancy shall be kept in
the office of the Construction Official and copies shall be furnished
on request to any person having a proprietary or tenancy interest
in the structure or land affected. The charge for each copy shall
be established by resolution of the governing body except that there
shall be no charge to a municipal agency.
D.
Certificate
of continuing occupancy.
[Added 2-8-2021 by Ord.
No. 21-01]
(1)
No person shall occupy or use any portion of a commercial, industrial
or residential building after such building or portion thereof has
been vacated, sold or leased, or when there has been any change in
use or occupancy of such building or any portion thereof, until the
owner or landlord thereof shall have applied for and secured a certificate
of continuing occupancy from the Zoning Official. Such certificate
shall be issued upon a general inspection of the visible parts of
the building and the portion thereof that has been vacated, sold or
leased, or in which there has been a change in use and occupancy,
finding that there are no imminent hazards and that the premises in
question are in compliance within applicable building, property maintenance,
zoning, health, safety and fire codes, regulations, ordinances, and
statutes of the Borough of Chatham and State of New Jersey.
(2)
The Zoning Official shall conduct an inspection of the premises
in question within a reasonable time, not exceeding 30 days after
receipt of an application and payment of the requisite fee, and shall
issue a certificate of continuing occupancy, provided that the standards
set forth herein have been satisfied and, in the case of a residential
building, that the premises are in compliance with the requirement
of the installation of a smoke detector and carbon monoxide detector
as required by applicable state statute and local ordinance.
(3)
If, after inspection by the Zoning Official, a certificate of
continuing occupancy may not be issued to the commercial, industrial,
or residential building or portion thereof because of the existence
of a violation of any code or failure to comply with the standards
set forth herein, notice shall be given by the Zoning Official to
the owner detailing the violations of applicable laws, regulations,
or ordinance. The Zoning Official shall have the authority to issue
any summons or complaint for any violation of any ordinance, statute
or regulation against the owner and/or occupant of the commercial,
industrial, or residential building or portion thereof wherein the
violation exists. In the event any violations are found to exist,
there shall be no new occupancy or use of the premises until the criteria
has been satisfied for the issuance of the certificate of continuing
occupancy.
(4)
The application fee for a certificate of continuing occupancy
shall be set at minimum of $100 for any residential or commercial
site and may be amended by duly adopted resolution of the Council
from time to time. The application shall be on a form prescribed for
said purpose and shall be available from the Borough Clerk or Zoning
Official.
E.
Zoning
review and permit.
[Added 2-8-2021 by Ord.
No. 21-01]
(1)
No building or other structure shall be erected, constructed,
remodeled, moved, enlarged or externally altered, no building or structure
shall be used or occupied and no grading permit, building permit,
certificate of occupancy or continuing certificate of occupancy shall
be issued until a zoning permit certifying that such use, building
or structure complies within the provisions of this chapter and that
the use is permitted, existing as a nonconforming use, or is permitted
by the terms of a variance has been issued by the Borough Zoning Official.
A zoning permit shall also be required for a change in use or occupancy
of a nonresidential property. A zoning permit shall not be required
for any change in occupancy of a one- or two-family dwelling involving
continued residential use or occupancy.
(2)
The Zoning Official shall issue or deny a zoning permit within
10 business days of receipt of a complete application, including payment
of the requisite fee, and evidence that all taxes have been paid on
the subject property.
(3)
The application fee for a zoning review and permit shall be
set as per the chart below and may be amended by duly adopted resolution
of the Council from time to time. The application shall be on a form
prescribed for said purpose and shall be available from the Borough
Clerk or Zoning Official.
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.
Fines.
(1)
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 subject to the penalties provided in Chapter 1, § 1-14, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.
(2)
The owner of any building or structure, lot or land,
or part thereof, and/or the tenant or the occupant of any building
or structure, lot or land, or part thereof, where anything in violation
of the 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 fine or imprisonment, or both, specified above.
B.
Selling land before final subdivision approval.
(1)
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 provisions of this chapter,
except pursuant to an agreement expressly conditioned on final subdivision
approval, such person shall be subject to a penalty not to exceed
$1,000 and each lot disposition so made that may be deemed a separate
violation.
(3)
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land from which
the subdivision was made that remains in the possession of the subdivider
or his assigns or successors, to secure the return of any deposit
made or purchase price paid, and also a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land, or within six years
if unrecorded.
