The provisions of this chapter shall be enforced
by the Construction Official who shall also be known as the 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 provision of this chapter.
A building permit issued contrary to the provisions of this chapter
shall be void. It shall be the duty of the Construction Official and
his duly authorized assistants to cause any building, plans or premises
to be inspected or examined and to order in writing the remedying
of any conditions found to exist in violation of any provision of
this chapter, and he shall have the right to enter any building or
premises during the daytime in the course of his duties.
All applications for building permits shall
be made in the manner prescribed in the Building Code and filed with
the Construction Official prior to the issuance of the building permit.
It shall be the duty of the Construction Official
to keep a record of all applications for permits and a record of all
permits issued, with a notation of all special conditions involved.
He shall be responsible for the filing and safekeeping of 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 Borough Council
and of other officials of the Borough.
A.
An application for any special permit specified in
this chapter shall be made to the Board of Adjustment, which shall
refer the matter to the Planning Board for report thereon as to its
effect on the comprehensive planning of the Borough. The Board of
Adjustment may thereafter instruct the Construction Official that
a permit be granted, if in its judgment any one of such cases will
not be detrimental to the health, safety and general welfare of the
Borough and is deemed necessary for its convenience.
B.
In approving any such application, the Board of Adjustment
may impose any conditions that it deems necessary to accomplish the
reasonable application of applicable standards as provided in the
appropriate sections of this chapter and may deny any such application,
but only in accordance with the standards.
C.
A special permit or variance granted by the Board
of Adjustment or by the Mayor and Council, after a favorable recommendation
by the Board of Adjustment shall automatically terminate and become
null and void two years from the date of the adoption of the resolution
of the Board of Adjustment or the Mayor and Council granting same
in the event no substantial construction, alteration or conversion
is commenced thereunder.
In the interpretation and the application of
the provisions of this chapter, the provisions herein shall be held
to be the minimum requirements for the promotion of the health, safety,
morals and general welfare and shall be applicable to all zones within
the Borough. It is not intended to interfere with or abrogate or annul
other rules, regulations or ordinances, provided that where this chapter
imposes greater restrictions, the provisions of this chapter shall
apply.
[Added 12-13-2017 by Ord.
No. 17:15]
A.
When required. A certificate of zoning compliance is required to
be issued by the Zoning Officer before the following occur on any
premises in the Borough:
[Amended 4-11-2018 by Ord. No. 18:06]
(1)
Whenever a certificate of occupancy is required;
(2)
Upon the change of tenancy or change of ownership and occupancy
of any residential property, whether or not the property is designated
as a one- or two- or multifamily dwelling in the Borough's tax collection
records or the Borough's tax assessment records;
(3)
Upon a change of tenancy or change of ownership and occupancy
of any commercial or business premises in the Borough, whether or
not so designated in the Borough's tax collection records or tax assessment
records; and
(4)
Before a construction permit or demolition permit is issued when
required, and when no site plan or subdivision approval is required.
B.
On-site inspection. The Zoning Officer or his/her designated subordinate
may issue or deny a certificate of zoning compliance only after completing
an on-site inspection.
C.
Fee. The fee for a certificate of zoning compliance on-site inspection
is $50, and the fee for reinspection, if necessary, is $25.
D.
Standards. The Zoning Officer will issue a certificate of zoning
compliance if he/she finds that: 1) the uses and structures on the
property are permitted by this Code; or 2) any uses or structures
that are not permitted by this Code are either: i) existing legal
nonconforming uses or structures, ii) existing uses or structures
that are permitted by variances, or iii) uses or structures that are
otherwise permitted by law.
E.
Issuance of certificate. The Zoning Officer, upon issuing a certificate
of zoning compliance, will provide the applicant with a copy of the
certificate, and, upon denying a certificate of zoning compliance,
will provide the applicant with a statement of reasons for the denial.
The Zoning Officer also will provide copies of all certificates or
denials to the office of the Tax Assessor, and will file the original
certificates and denials with the Construction Code Official for retention
in the permanent Construction Office file relating to the subject
premises. Additional copies of certificates of zoning compliance will
be made available for a fee of $10 each.
G.
On-tract improvements: guarantees required.
[Added 4-11-2018 by Ord.
No. 18:06]
(1)
The Borough, as a condition of the issuance of a certificate of zoning compliance may require the developer to furnish and shall accept in accordance with the standards adopted by this Code and the regulations adopted pursuant to Section 1 of P.L. 1999, c. 68 (N.J.S.A. 40:55D-53a) a performance guarantee, for the purpose of assuring the installation and maintenance of certain on-tract improvements, and a maintenance guarantee, both in accordance with Subsection G(1)(a) and (b) of this section. Successor developers shall furnish a replacement performance guarantee, as a condition to the approval of a permit update.
(a)
Performance guarantee.
[1]
The developer shall furnish a performance guarantee
in favor of the Borough in an amount not to exceed 120% of the cost
of installation of only those improvements required by an approval
or developer's agreement, ordinance, or regulation to be dedicated
to a public entity, and that have not yet been installed, which cost
shall be determined by the Borough Engineer, according to the method
of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A.
40:55D-53.4), for the following improvements as shown on the approved
plans or plat: streets, pavement, gutters, curbs, sidewalks, street
lighting, street trees, surveyor's monuments, as shown on the final
map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A.
46:23-9.9 et seq.; repealed by Section 2 of P.L. 2011, c. 217) or
N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary
sewers, community septic systems, drainage structures, public improvements
of open space, and any grading necessitated by the preceding improvements.
[a]
The Borough Engineer shall prepare an itemized
cost estimate of the improvements covered by the performance guarantee,
which itemized cost estimate shall be appended to each performance
guarantee posted by the obligor.
[2]
The developer also will furnish a performance guarantee
to include, within an approved phase or section of a development privately
owned perimeter buffer landscaping, as imposed as a condition of approval.
[a]
At the developer's option, a separate performance
guarantee may be posted for the privately owned perimeter buffer landscaping.
[3]
If the developer seeks a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a temporary certificate of occupancy guarantee, in favor of the Borough in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building, or phase of development, and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection G(1)(a) of this section, which relate to the development, unit, lot, building, or phase of development of which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Zoning Officer and Borough Engineer. The Borough will not hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Zoning Officer, or the Borough Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
[4]
A developer shall furnish to the Borough a safety
and stabilization guarantee, in favor of the Borough. At the developer's
option, a safety and stabilization guarantee may be furnished either
as a separate guarantee or as a line item of the performance guarantee.
A safety and stabilization guarantee shall be available to the Borough
solely for the purpose of returning property that has been disturbed
to a safe and stable condition or otherwise implementing measures
to protect the public from access to an unsafe or unstable condition,
only in the circumstance that:
[a]
Site disturbance has commenced and, thereafter,
all work on the development has ceased for a period of at least 60
consecutive days following such commencement for reasons other than
force majeure, and
[b]
Work has not recommenced within 30 days following
the provision of written notice by the Borough to the developer of
the Borough's intent to claim payment under the guarantee. The Borough
shall not provide notice of its intent to claim payment under a safety
and stabilization guarantee until a period of at least 60 days has
elapsed during which all work on the development has ceased for reasons
other than force majeure. The Borough shall provide written notice
to a developer by certified mail or other form of delivery providing
evidence of receipt.
[i]
The amount of a safety and stabilization guarantee
for a development with bonded improvements in an amount not exceeding
$100,000 shall be $5,000.
[ii]
The amount of a safety and stabilization guarantee
for a development with bonded improvements exceeding $100,000 shall
be calculated as a percentage of the bonded improvement costs of the
development or phase of development as follows:
[iii]
The Borough shall release a separate safety and
stabilization guarantee to a developer upon the developer's furnishing
of a performance guarantee that includes a line item for safety and
stabilization in the amount required under this paragraph.
[iv]
The Borough shall release a safety and stabilization
guarantee upon the Borough Engineer's determination that the development
of the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
(b)
Maintenance guarantee.
[1]
The developer shall post with the Borough, prior to the release of a performance guarantee required pursuant to Subsection G(1)(a), (b), or both Subsection G(1)(a) and (b) of this section, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
[2]
If required, the developer shall post with the
Borough upon the inspection and issuance of final approval of the
following private site improvements by the Borough Engineer, a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the following private site improvements: stormwater management
basins, in-flow and water quality structures within the basins, and
the out-flow pipes and structures of the stormwater management system,
if any, which cost shall be determined according to the method of
calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A.
40:55D-53.4).
[3]
The term of the maintenance guarantee shall be
for a period not to exceed two years and shall automatically expire
at the end of the established term.
(c)
If other governmental agencies or public utilities automatically
will own the utilities to be installed or the improvements are covered
by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Borough for such utilities or improvements.
(2)
The time allowed for installation of the bonded improvements
for which a performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increase or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the Borough Engineer according to the method of calculation set
forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4) as
of the time of the passage of the resolution.
(3)
If the required bonded improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the Borough for the reasonable
cost of the improvements not completed or corrected and the Borough
may either prior to or after the receipt of the proceeds thereof complete
such improvements. Such completion or correction of improvements shall
be subject to the public bidding requirements of the Local Public
Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
(4)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Borough Clerk, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all incomplete or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Borough Engineer. The request shall indicate which improvements have been completed and which improvements remain incomplete in the judgment of the obligor. Thereupon the Borough Engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(a)
The list prepared by the Borough Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Borough Engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
(5)
Bonded improvements.
(a)
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Borough Engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Borough Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
[1]
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Borough may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Borough below 30%.
(b)
If the obligor has made a cash deposit with the Borough as part
of the performance guarantee, then any partial reduction granted in
the performance guarantee pursuant to this subsection shall be applied
to the cash deposit in the same proportion as the original cash deposit
bears to the full amount of the performance guarantee provided that
if the developer has furnished a safety and stabilization guarantee
the Borough may retain cash equal to the amount of the remaining safety
and stabilization guarantee, the Borough may retain cash equal to
the amount of the remaining safety and stabilization guarantee.
(6)
If any portion of the required bonded improvements is rejected,
the Borough may require the obligor to complete or correct such improvements
and, upon completion or correction, the same procedure of notification,
as set forth in this section shall be followed.
(7)
The obligor shall reimburse the Borough for reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements, which fees shall not exceed the sum of the amounts set forth in Subsection G(7)(a) and (b) of this section. The Borough may require the developer to post the inspection fees in escrow in an amount:
(a)
Not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of bonded improvements that are subject
to a performance guarantee under Subsection A(1)(a), (b), or both
Subsection A(1)(a) and (b) of this section; and
(b)
Not to exceed 5% of the cost of private site improvements that
are not subject to a performance guarantee under Subsection A(1)(a)
of this section, which cost shall be determined pursuant to Section
15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
[1]
For those developments for which the inspection
fees total less than $10,000, fees may, at the option of the developer,
be paid in two installments. The initial amount deposited in escrow
by a developer shall be 50% of the inspection fees. When the balance
on deposit drops to 20% of the inspection fees because the amount
deposited by the developer has been reduced by the amount paid to
the Borough Engineer for inspections, the developer shall deposit
the remaining 50% of the inspection fees.
[2]
For those developments for which the inspection
fees total $10,000 or greater, fees may, at the option of the developer,
be paid in four installments. The initial amount deposited in escrow
by a developer shall be 25% of the inspection fees. When the balance
on deposit drops to 10% of the inspection fees because the amount
deposited by the developer has been reduced by the amount paid to
the Borough Engineer for inspection, the developer shall make additional
deposits of 25% of the inspection fees.
[3]
If the Borough determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection G(1)(a) and (b) of this section, is insufficient to cover the cost of additional required inspections, the Borough may require the developer to deposit additional funds in escrow provided that the Borough delivers to the developer a written inspection escrow deposit request, signed by the Borough Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
(8)
If final approval is by stages or sections of development pursuant
to subsection a of section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38),
the provisions of this section shall be applied by stage or section.
(9)
If any of the improvements have been dedicated to the Borough on a subdivision plat or site plan, the governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon authority, provided that such improvements have been inspected and have received final approval by the Borough Engineer.
