[Amended 11-14-2022 by Ord. No. 2022-29]
No building or structure shall be erected, relocated,
enlarged or externally altered, or reconstructed; nor shall the use
of any building or structure be changed or any land cleared or altered;
nor shall the use of any land be changed, except to a permitted home
occupation, any watercourse diverted, or its channel or floodplain,
dredged or filled; nor shall any parking area, accessory or otherwise,
be constructed, installed or enlarged; nor shall any construction
permit, certificate of occupancy for a change of use, or other required
permit be issued with respect to any such structure, land, parking
area or other development, except after and in accordance with the
final approval of a site plan granted pursuant to this chapter. Anything
herein to the contrary notwithstanding, individual lot applications
for detached one-dwelling-unit or two-dwelling-unit buildings permitted
as of right under applicable zoning regulations, and structures and
uses incidental thereto, are exempted from the site plan review and
approval requirements hereunder. The Administrative Officer may waive
the site plan approval requirement if the construction, alteration,
or change in use or occupancy does not require a variance pursuant
to N.J.S.A. 40:55D-1 et seq. and does not have a substantive effect
on factors such as existing site circulation, stormwater runoff, landscaping,
lighting, parking, and which in no way will impede the public health,
safety, morals, and general welfare of the public.
A.
No land may be subdivided, except after and in accordance
with the final approval of a subdivision plat granted pursuant to
this chapter.
[Amended 11-2-1992 by Ord. No. 42-92]
A.
A zoning permit shall be obtained from the Zoning
Officer upon application of the developer prior to the undertaking
of any development, and such undertaking shall be in accordance with
such permit and may continue only so long as the permit is valid and
subsisting. Any construction permit otherwise required by law to commence
construction of a building or structure or any certificate of occupancy
required by this chapter shall not be issued by the Township Construction
Official prior to the issuance of a valid and effective zoning permit.
B.
As a general condition of all approvals, including
but not limited to subdivision approvals, variances, conditional uses
and zoning permits, the appropriate board, body or official shall
require the following items relating to the health and safety of the
residents and general public be installed prior to any occupancy of
a structure within a residential or nonresidential section:
(1)
All sight easements shall be cleared of obstruction
to view.
(2)
New roadway(s) shall be complete to at least the stabilized
base course or pavement, including all curbs, drainage inlets and
utility structures. All protruding structures in the base course shall
be ramped to provide vehicle safety.
(3)
All utility mainlines for the section shall be in
place and operating.
(4)
All required traffic control signs, devices and pavement
markings shall be in place.
(5)
All required streetlights shall be operating.
(6)
All required fire hydrants shall be operational.
(7)
Acceleration/deceleration lanes, if required, shall
be in place.
Prior to the commencement of a use after the
erection, construction, reconstruction, alteration, or conversion
of a building or structure, or the occupancy of a new or existing
structure, a certificate of occupancy must be signed and issued by
the Construction Official acknowledging that the use, building or
structure complies with the provisions of this chapter and all applicable
construction codes and regulations.
The issuance of any zoning permit or certificate
of occupancy may, in the discretion of the Zoning Officer or the Construction
Official, as the case may be, be conditioned upon the express approval
of appropriate state, county or municipal agencies having jurisdiction
over one or more portions of the development.
A.
A temporary certificate of occupancy for a period
not to exceed 30 days may be issued upon separate application to the
Construction Official in cases in which the Construction Official
determines that:
(1)
The development is substantially completed;
(2)
The developer is proceeding with dispatch toward final
completion;
(3)
It is likely that the development will be finally
completed within the period of the temporary certificate;
(4)
Denial of the certificate would result in undue hardship
to the developer or the prospective occupants; and
(5)
The temporary use of the development will not adversely
affect the public health, safety or welfare.
B.
Each temporary certificate of occupancy shall be conditioned
upon the developer applying for and receiving a permanent certificate
of occupancy within the temporary time period. Prior to the issuance
of a temporary certificate of occupancy, the developer shall enter
into an agreement with the Township, in a form to be approved by the
Township Attorney, whereby said developer shall agree to complete
said development as required by the Construction Official and shall
post sufficient security to insure the completion of the development
in order to receive a permanent certificate of occupancy.
C.
The developer shall also provide, when applicable, a temporary certificate of occupancy guarantee for installation of all public improvements, required by ordinance or resolution of approval of a municipal agency, which have not yet been completed as provided for in N.J.S.A. 40:55D-53(1)(c) and § 250-106 of this chapter.
[Added 4-9-2018 by Ord.
No. 2018-10]
A.
Upon the completion of each section of a development
as which is the subject of an approved general development plan, the
developer shall notify the administrative officer, by certified mail,
as evidence that the developer is fulfilling its obligations under
the approval plan. For the purpose of this section, "completion" of
any section of the development shall mean that the developer has acquired
a certificate of occupancy for every residential unit or every nonresidential
structure, as set forth in the approved general development plan and
pursuant to Section 15 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-133).
B.
If the Township does not receive such notification
at the completion of any section of the development, the Township
shall notify the developer, by certified mail, in order to determine
whether or not the terms of the approved plan are being complied with.
C.
If a developer does not complete any section of the
development within eight months of the date provided for in the approved
plan, or if at any time the Township has cause to believe that the
developer is not fulfilling his obligations pursuant to the approved
plan, the Township shall notify the developer, by certified mail,
and the developer shall have 10 days within which to give evidence
that he is fulfilling his obligations pursuant to the approved plan.
The Township thereafter shall conduct a hearing to determine whether
or not the developer is in violation of the approved plan. If, after
such a hearing, the Township finds good cause to terminate the approval,
it shall provide written notice of same to the developer, and the
approval shall be terminated 30 days thereafter.
A.
General. All signs may be erected, altered, maintained, used and removed only when in compliance with the provisions of this section and § 250-52 of this chapter.
B.
Enforcement. The provisions of this section shall
be enforced by the Construction Official and/or the Zoning Officer.
[Amended 10-25-2010 by Ord. No. 2010-28]
C.
Exempt signs in all zones. The following signs are authorized in any zoning district without a permit as long as they conform to the standards contained herein and in § 250-52:
(1)
Sales and rental signs.
(2)
One nonilluminated sign indicating the name and/or
address of the occupant of a dwelling unit; provided that the sign
shall be no larger than one square foot in area.
(3)
Window stickers denoting organizational affiliations,
credit card availability, burglar system, pet restrictions, hours
of operation, etc.
(4)
Signs indicating the private nature of a road, driveway
or premises may be erected and maintained; provided that the area
of such sign does not exceed 72 square inches and shall not exceed
three feet in height.
(5)
Signs prohibiting or otherwise controlling fishing,
hunting, etc., upon particular premises may be erected and maintained;
provided that the area of any such sign shall not exceed two square
feet.
(6)
Special signs serving the public convenience such
as "notary public," "public rest rooms," "public telephone" or words
of similar import. The area of each sign shall not exceed 72 square
inches.
(7)
Nonilluminated traffic control directional signs identifying
parking areas, loading zones, entrances, exits and similar locations.
The signs shall not exceed two square feet in area, and three feet
in height.
(8)
Temporary signs for advertising public functions or
fund-raising events for charitable or religious organizations for
a period of 30 days prior to and during the event, but shall be removed
within five days after the event. The sign shall be nonilluminated,
not larger than 12 square feet in area, not exceeding six feet in
height and may be erected flat against the building or freestanding.
(9)
Temporary nonilluminated political signs which are
removed within 14 days after an election; provided that:
[Amended 10-25-2010 by Ord. No. 2010-28]
(a)
They shall not be erected within the public
right-of-way or on a utility or directional sign pole. Such signs
shall contain the name and address of the sponsor, individual or organization;
and
(b)
All such political signs shall be removed by
the person, organization sponsoring an event, campaign chair or campaign
treasurer who posted said sign, within 14 days after the event or
election which is the subject of said sign. Any such person or organization
failing to remove said sign in accordance with this chapter shall
be considered in violation of this chapter. Any sign remaining posted
after 14 days shall be deemed to be a public nuisance and shall be
subject to removal by the Zoning Officer, who, along with the Construction
Official and/or his designee, shall impose a penalty of $5 per sign
against the sponsor, individual or organization.
(10)
Historical tables, cornerstones, memorial plaques
and emblems which do not exceed six square feet in area and which
are installed by government agencies, civic or religious organizations.
(11)
Temporary signs which are in the nature of traditional
holiday or seasonal greetings or decorating not advertising a specific
product, service or establishment which are not up for more than 45
days.
(12)
Flags or emblems of a religious, educational,
civic or governmental organization.
(13)
Signs posted by governmental agencies or pursuant
to governmental statute, order or regulation.
(14)
Signs which are an integral part of permitted
vending machines, including gasoline pumps, and milk machines, provided
they do not exceed two square feet in area.
(15)
Temporary window posters when posted inside
commercial establishments, provided they do not occupy more than 20%
of the total area of said window.
(16)
Temporary promotional or special sales signs
when erected in conjunction with a commercial establishment, provided
that they do not exceed 16 square feet and they are restricted to
not more than four nonsuccessive seven-day periods within a calendar
year, except for “grand opening” promotions, which may
be up to 30 consecutive days.
[Amended 10-25-2010 by Ord. No. 2010-28]
(17)
Temporary overhead banners spanning a street
or roadway advertising public functions or fund-raising events for
charitable or religious organizations for a period of 30 days prior
to and during the event. Said banners shall be removed within five
days after the event or at anytime it is damaged or becomes a hazard.
(18)
Temporary construction signs located on the
lot on which said construction is taking place; provided the sign
is removed within seven days after the completion of the construction
work. The total area of all such signs shall not exceed 24 square
feet, nor shall any sign be greater than six feet in height, or illuminated
except for construction safety lights placed in hazardous areas.
D.
Required permits. It shall be unlawful for any person,
firm or corporation to construct and install any sign within the Township
that is not constructed and installed pursuant to the Uniform Construction
Code, N.J.A.C. 5:23 et seq., and the Township Land Development Ordinance.
Any sign permit application must be accompanied by the prior approval
of the Zoning Officer or appropriate board or boards of the Township.
No building permit shall issue without prior compliance with the sign
requirements set forth in this chapter.
[Amended 10-25-2010 by Ord. No. 2010-28]
(1)
Applications for permits shall be made on forms provided
by the Construction Official and shall include the following:
(a)
Name, address and telephone number of the applicant.
(b)
Name of person, firm, corporation or association
erecting the sign if new construction.
(c)
Name of owner or property on which sign is located
and written consent of owner if other than applicant.
(d)
The dimensions of the sign and, where applicable,
the dimensions of the wall surface of the building to which it is
to be attached.
(e)
Message, color, type, style, lighting, structural,
anchorage and material specifications.
(f)
The dimensions of the sign's supporting members.
(g)
The maximum and minimum height of the sign.
(h)
The proposed location of the sign in relation
to the face of the building, in front of which or above which it is
to be erected.
(i)
The proposed location of the sign in relation
to the boundaries of the lot upon which it is to be situated.
(j)
Where the sign is to be attached to an existing
building, a current photograph of the face of the building to which
the sign is to be attached.
(k)
Other such information as the Construction Official
shall require to show full compliance with this chapter and all other
ordinances of the Township.
(2)
Procedure for issuance of permits.
(a)
It shall be the duty of the Construction Official,
upon the filing of any application for a permit to erect a sign, accompanied
by the required fee, to examine such plans, specifications and other
data, submitted to him with the application, and if necessary, the
building or premises upon which the applicant proposes to erect the
sign or other advertising structures.
(b)
Applications for signs permitted herein under the provisions of Subsection C shall be filed in duplicate with the Construction Official. If the proposed sign is in compliance with all the requirements of this chapter and other laws and ordinances of the Township, the Construction Official shall, within 10 days, issue a permit for the erection of the proposed sign. If the sign authorized under such permit has not been completed within six months from the date of the issuance of such permit, the permit shall become null and void but may be renewed within 10 days from the expiration thereof for good cause upon payment of an additional fee of $5.
(c)
Upon the issuance of a sign permit, the Township
shall issue metal identification plates containing the sign permit
number which shall be attached to the sign. On freestanding signs
the plate shall be attached to the supporting structure not less than
four nor more than six feet above ground level. On all other signs,
the plates shall be attached to the front of the sign in the lower
right-hand corner. Failure to attach, removal, transferring, covering,
painting over or mutilation of the plate shall constitute a violation
of this chapter.[1]
(3)
Expirations. All permits issued hereunder shall expire
in the following year on the last of the month preceding the date
of its issuance, but shall be renewed upon application and payment
of the renewal fee unless the provisions hereof or other applicable
Township ordinances have been or are being violated. Permits may be
revoked by the Construction Official upon a hearing given after due
notice, for failure to comply continuously with the provisions hereof
and all other applicable Township ordinances and regulations.
E.
Sign maintenance.
[Amended 10-25-2010 by Ord. No. 2010-28]
(1)
Notwithstanding any provisions contained herein, every
sign must be kept clean, neatly painted, and free from all hazards,
such as, but not limited to, faulty wiring, loose fastenings, and
must be maintained at all times in such safe conditions so as not
to be detrimental to the public health or safety.
(2)
In the event the sign becomes unsafe, the Construction
Official shall take appropriate action pursuant to the Uniform Construction
Code.
[Amended 10-25-2010 by Ord. No. 2010-28]
(3)
If the Construction Official shall find that any sign
regulated by this chapter is unsafe, insecure, or a menace to the
public, he shall give written notice to the named owner of the land
upon which the sign is erected who shall remove or repair said sign
within 30 days from the date of said notice. If the sign is not removed
or repaired, the Construction Official shall revoke the permit issued
for the sign and shall assess all cost against the land or building
on which the sign was located.
(4)
The Construction Official may cause any sign which
is a source of immediate peril to persons or property to be removed
summarily and without notice.
F.
Discontinuance of use. Signs advertising a use no
longer in existence or a product no longer available shall be removed
within 60 days.
G.
Maintenance specifications.
(1)
All signs and displays shall be maintained in good
order and repair. In the event that the Construction Official determines
that any sign now or hereafter erected is in a state of disrepair,
has become dilapidated or constitutes a safety hazard, the sign owner
and property owner shall be given written notice to correct the conditions
within 20 days from the date of the mailing of the notice. Failure
to correct the condition or file an appeal within the time provided
shall constitute a violation of this section.
(2)
The area surrounding ground signs shall be kept neat,
clean and landscaped. The owner of the property upon which the sign
is located shall be responsible for maintaining the condition of the
area.
(3)
The following maintenance schedule for illuminated
signs shall be conformed to:
(a)
Clean signs yearly. The first cleaning should
take place in the year following the year of installation.
(b)
Inspect the signs yearly. The inspection should
be performed during the annual cleaning.
(c)
Repaint or touch up, as required, all parts
which are constructed of materials customarily field painted yearly.
The painting should be performed during the annual cleaning.
(d)
Replace all fluorescent lamps during the third
cleaning of the sign.
A.
Purpose. The purpose of this section is:
(1)
To reduce the danger from stormwater runoff, to retard
nonpoint pollution from sedimentation, to prevent a decrease in the
fertility of the soil, to conserve and protect land, water, air, and
other environmental resources of the Township.
(2)
To provide for the protection, preservation, proper
maintenance and use of trees and woodlands located in the Township
in order to minimize disturbance to them and to prevent damage from
erosion and siltation, a loss of wildlife and vegetation, and the
destruction of the natural habitat.
(3)
To protect the woodlands (including trees and other
forms of vegetation) for their economic support of local property
values when allowed to remain uncleared and/or unharvested and for
their natural beauty, wilderness character or geological, ecological
or historical significance.
(4)
To protect critical and sensitive areas.
B.
Activities requiring permits.
(1)
General: private lands.
(a)
No clearing, grading, soil removal, excavating, landfill, stripping or the filling or alteration of any natural or man-made drainageways or other land disturbance area of more than 5,000 square feet of surface area of land or in a critical or sensitive area regardless of the surface area, or the filling of any natural or man-made drainageways regardless of the surface area or the destruction, cutting or removal or destruction of any trees or shrubs as defined in § 250-6 shall be undertaken in the Township until a land disturbance permit has been issued by the Director of the Department of Community Development, or his designee, unless the activity is exempt from the requirements of this section as provided in Subsection B(4), or unless the Director of the Department of Community Development, or his designee, has granted a waiver pursuant to the provisions of Subsection D.
(b)
Successive incidences of land disturbance of
less than 5,000 square feet at any one time which result in an accumulative
land disturbance area of greater than 5,000 square feet within any
two-year period is expressly prohibited and constitutes a violation
under this section, unless a land disturbance permit with respect
to each incident has been issued.
(2)
General: public highways. No person, firm or corporation
shall plant any tree or shrub or cause harm to be done to any tree
or shrub upon a public highway or within a right-of-way, within the
Township, unless a land disturbance permit has been issued by the
Director of the Department of Community Development, or his designee.
(3)
Issuance before construction permit. Where an application
is made in connection with the construction of a building or other
structure, no construction permit shall be issued until the land disturbance
permit application has been acted upon.
(4)
Exemptions. A land disturbance permit is required
for clearing in all nonresidential zones without exception. The following
activities are specifically exempt from the requirement to obtain
a land disturbance permit:
[Amended 7-24-2000 by Ord. No. 29-00]
(a)
Agricultural use of lands when operated in accordance
with a farm conservation plan approved by the SCD.
(b)
Lots of one acre or less upon which a residence
is already situated and not located within a major subdivision or
a planned development currently under development or the construction
of no more than one single-family dwelling unit which is not constructed
as a part of a larger development, except where the proposed disturbance
is within 100 feet of a stream or drainage channel. Clearing of not
more than 1/2 acre on lots greater than one acre upon which a residence
is already situated or the construction of not more than one single-family
dwelling unit which is not constructed as part of a larger development,
except where the proposed disturbance is with 100 feet of a stream
or drainage channel.
(c)
Removal of any tree growing on land actually
being used for growing agricultural crops or on land suitable for
agricultural purposes and being used for agricultural production and
which would be incorporated into the farm for such agricultural production
when cleared. "Suitable land" is defined as Land Classes 1, 2 and
3 on the Soils Maps of the United States Department of Agriculture
Soil Conservation Survey.
(d)
Any tree grown on property actually being used
as a nursery, garden center, Christmas tree plantation, or orchard.
[1]
The removal or trimming of dead, diseased, or
damaged trees or other woody vegetation, provided that the damage
resulted from a nonhuman cause and provided further that the removal
or trimming is accomplished through the use of standard forestry practices
and techniques.
(e)
Any tree growing on land actually being used
for a sanitary landfill operation or for surface mining under a permit
or otherwise as permitted under the general ordinances of the Township.
[1]
Any tree growing in a public right-of-way as
shown on an approved final site plan or subdivision map.
(f)
Any tree cut or removed in accordance with a
management plan developed by the New Jersey Department of Agriculture
and filed with the Department of Community Development.
C.
Requirements for approved activity.
(1)
Any person proposing to conduct a land disturbance activity not exempt under Subsection B(4) shall, prior to any activity as described herein, obtain a valid land disturbance permit.
(2)
Such permit shall not be issued unless the applicant
satisfies the issuing authority that the following protection standards
will be maintained:
(a)
The limit of clearing for all streets and structures
shall be kept to a minimum and shall be clearly shown on the plans.
(b)
There will be no removal of existing live trees
which form part of a planted greenbelt or buffer strip.
(c)
There will be no removal of trees which are
unique by virtue of history, unusual size or the like.
(d)
There will be no removal of trees near utility
substations, transmission towers, warehouses, junkyards, other similar
uses or structures, unless public health, safety or general welfare
requirements require removal.
(e)
No living tree having a trunk diameter greater
than 12 inches DBH within 100 feet of any stream carrying water on
an average of six months of the year shall be removed except when
necessary to accommodate detention basins or other storm drainage
facilities, and/or roads and other utility crossings approved by the
approving board, in consultation with the Township Engineer.
(f)
Any tree whose removal will damage other trees
which are to remain must be removed by hand. The resulting stumps
must be carefully removed to minimize damage to roots and trunks of
other trees. Stump removal by chemicals is not permitted.
(g)
No burning or burying of trees within the Township
is permitted.
(h)
All dead trees must be promptly removed from
the site so as not to create potential rat harborages.
(3)
The Director of the Department of Community Development,
or his designee, shall not grant the application unless one or more
of the following conditions exist:
(a)
The trees sought to be removed are located within
20 feet of all building foundations and the width of the driveway
area, plus five feet on each side of the excavated driveway. (Material
from foundations must be stockpiled only in the driveway and adjacent
cleared area.)
(b)
The trees sought to be removed are located on
an area that will be used for sidewalk, roadway, drainage right-of-way,
utility easement, parking areas, planted areas and sight triangle
easements.
(c)
The cut or fill of land required for the proper
development of the premises is such that it would be injurious or
dangerous to the trees sought to be removed.
(d)
The trees sought to be removed are diseased
or dead or that are likely to endanger the public or an adjoining
property owner.
(e)
Any other reasons which the Director of the
Department of Community Development, having in mind the intent of
this section, deems to be adequate.
D.
Application procedure.
(1)
Every applicant shall, prior to any activity described
herein, submit to the Township Department of Community Development
an application for a land disturbance permit which shall include four
copies of soil erosion and sedimentation control plans, containing
the following information:
(a)
The name and address of the applicant. The name
and address of the owner of the property on which land is sought to
be disturbed or from which the tree(s) are sought to be removed.
(b)
Location on the property of any tree(s) or structures
to be removed, indicated on a survey prepared by a New Jersey State
licensed land surveyor.
(c)
The survey shall indicate, specifically by an
assigned number, all tree(s) to be removed which have a trunk diameter
of eight inches DBH or greater.
(d)
The survey shall indicate a limit of disturbance
line.
(e)
Any other information which may reasonably be
required to enable the application to be properly evaluated.
(2)
Prior to applying for a land disturbance permit, the
applicant's soil erosion and sedimentation control plan must have
been certified as approved by the SCD. A copy of such certification
shall be filed with the application for a land disturbance permit.
(3)
If the land disturbance permit is sought in connection
with a development requiring any other approval from an approving
board pursuant to this chapter, the application for the land disturbance
permit must be accompanied by a certified copy of the resolution of
final approval issued by such approving board. No land disturbance
permit shall be issued hereunder until such final approval has been
granted by such approving board.
(4)
An applicant shall file a building plan which identifies a tree protection area prepared according to the standards of § 250-74B(4)(a) which has been approved by the Director of the Department of Community Development or his designee before a land disturbance permit shall be issued.
[Amended 7-24-2000 by Ord. No. 29-00]
(5)
If an applicant discloses that trees are to be removed
or destroyed on the premises in a tree protection area, the Director
of Community Development or his designee may inspect the trees in
the tree protection area, the drainage and other physical conditions
and/or consult with the Environmental Commission, Township Engineer
and Township Planner regarding such application.
[Amended 7-24-2000 by Ord. No. 29-00]
(6)
After review of an application, an application shall
be granted or denied. If not, final action is taken with respect to
the application within 30 days after the receipt of an application
containing all of the information required hereunder, the application
shall be deemed to have been approved.
[Amended 7-24-2000 by Ord. No. 29-00]
(7)
If an application is denied, the applicant may appeal
the decision to the approving board, or to the Zoning Board of Adjustment
if the application is not in connection with a development requiring
any other approval pursuant to this chapter, by filing a written notice
of appeal with the Director of the Department of Community Development,
within 10 days after receiving notice of the denial of the application.
Such Board shall hold a hearing of the matter within 30 days after
the notice of appeal has been filed and may modify, affirm or reverse
the decision.
E.
Waiver of plans or requirements. The Director of the
Department of Community Development or his designee may waive any
or all of the requirements herein for any tree removal activity upon
written finding that there is no apparent danger to the environment
and related natural resources.
F.
Performance.
(1)
The applicant shall be required to have the approved
plans upon which the issued land disturbance permit is based on site
during construction, including without limitation the period of land
disturbance.
(2)
A stop construction order is authorized if an action
is not being executed in accordance with such approved plans.
(3)
The Director of the Department of Community Development,
or his designee, in its discretion, may require reforestation and
the replacement of any and all trees that have been removed in violation
of the requirements herein and/or in the approved land disturbance
permit.
(4)
No further construction permits or certificates of
use and occupancy shall be issued unless the terms and conditions
of the approved land disturbance permit, including the application
materials and plans thereunder, are being complied with.
G.
Violations and penalties.
[Added 7-24-2000 by Ord. No. 29-00]
(1)
The penalty set forth in § 250-100, Violations and penalties, shall apply for violations of § 250-91. Within 30 days after a violation of this section occurs which results in the unauthorized removal of trees and shrubs, a compensatory tree replacement plan with specific planting schedules shall be submitted for approval to the Director of the Department of Community Development. A performance guarantee shall be posted to insure the implementation of the plan within two years.[1]
(2)
Failure to submit a timely compensatory tree replacement
plan is a violation of this section. Each day such plan is not submitted
after the expiration of the 30 days permitted under this section shall
constitute an additional separate and distinct offense.
A.
No demolition, destruction, alteration, or repair
of historic sites or structures shall be undertaken in the Township
until a demolition permit has been issued by the Director of the Department
of Community Development, or his designee.
B.
No demolition permit for the demolition, destruction, alteration, or repair of historic sites or structures shall be issued unless the person requesting such permit satisfies the issuing authority that the standards set forth in § 250-43M with respect to the preservation of such site or structures have been complied with or sufficient guarantees are in place to assure such compliance.
The approvals, permits, certificates and authorizations
required by this article shall be in addition to, and not in place
of, those required with respect to a development under any law, ordinance
or regulation other than this chapter.
Upon finding a violation of this chapter, the
Zoning Officer shall issue a notice of violation setting forth the
section or sections of this chapter being violated and the amount
of time within which said violations must be corrected. The amount
of time given for correcting the violation shall be within the reasonable
discretion of the Zoning Officer. The notice shall be issued to those
individuals responsible for causing said violations and to the owner
of the property if said owner is not a responsible person. The owner
shall be jointly and severally liable for all penalties imposed pursuant
to this chapter.
A.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell as owner
or agent, except pursuant to an agreement expressly conditioned on
final subdivision approval, any land which forms a part of a subdivision
for which approval is required by this chapter, such person shall
be subject to a penalty not to exceed $1,000, and each lot disposition
so made may be deemed a separate violation.
B.
In addition to the foregoing the Township, when authorized by resolution of the governing body, shall institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with § 250-96. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of such land, or within six years if unrecorded.
A.
The prospective purchaser, prospective mortgagee,
or any other person interested in any land which forms part of a subdivision
may apply in writing to the administrative officer for the issuance
of a certificate certifying whether such subdivision has been approved
by the appropriate municipal agency pursuant to this chapter. Such
application shall contain a diagram showing the location and dimensions
of the land to be covered by the certificate and the name of the owner
thereof.
B.
The administrative officer shall make and issue such
certificate within 15 days after receipt of such written application
and the fees therefor. Such officer shall keep a duplicate copy of
each certificate, consecutively numbered, including a statement of
the fee charged, in a binder as a permanent record.
C.
Each such certificate shall be designated a "certificate
as to approval of subdivision of land" and shall certify:
(1)
That there exists in the municipality a duly established
Planning Board, and whether there is an ordinance controlling subdivision
of land adopted under the authority of the MLUL;
(2)
That the subdivision, as it relates to the land shown
in the application, has been approved by the appropriate municipal
agency, and if so, stating the date of such approval and any extensions
and terms thereof, and that the subdivision of which the lands are
a part is a validly existing subdivision; and
(3)
That such subdivision, if the same has not been approved,
is statutorily exempt from the requirement of approval as provided
herein.
A.
Any person who shall acquire for a valuable consideration an interest in the lands covered by a certificate described in § 250-96 hereof in reliance upon the information therein contained shall hold such interest free of any right, remedy or action, which could be prosecuted or maintained by the municipality pursuant to § 250-95.
B.
If the administrative officer fails to issue any such certificate within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action, which could be prosecuted or maintained by the municipality pursuant to § 250-94.
C.
Any such application addressed to the Township Clerk
shall be deemed to be addressed to the administrative officer, and
the Township shall be bound thereby to the same extent as though the
same was addressed to the administrative officer.
In case any development is undertaken, occupied
or used in violation of this chapter or any rule, regulation or order
made under the authority of this chapter, or in case such violation
is threatened, the Zoning Officer, in his own official behalf, or
on behalf of the municipality or any municipal agency or interested
party, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such violation, or to restrain, correct
or abate such violation or to prevent any illegal act, conduct, business,
occupancy or use, in or about the premises that are the subject of
the development; provided that no such action or proceeding shall
be instituted by the Zoning Officer in any court, other than the Municipal
Court, except in case of emergency, unless the governing body shall
first have authorized such by resolution.
The Zoning Officer, or his representative, shall
have the right to enter any premises at any reasonable time for the
purpose of making inspections in the course of his duties, or as permitted
by law, to investigate violations of this chapter.
[Amended 6-25-2007 by Ord. No. 2007-10]
A.
Except as otherwise provided in § 250-94, any person who received a notice of violation pursuant to § 250-93, and fails to correct the violations cited within the time period set forth therein shall be subject to a fine not exceeding $2,000, to imprisonment for a term not exceeding 90 days, or community service for not more than 90 days, or any combination thereof; and in the case of continuing violations, each day that such violation continues shall be deemed a separate offense. Any complaint to impose such penalty may be filed in Municipal Court on behalf of the municipality, by the Zoning Officer, any municipal police officer or any interested party.
B.
If the Township chooses to impose a fine in an amount
greater than $1,250 upon an owner for violations of housing or zoning
codes, the Township shall provide a thirty-day period in which the
owner shall be afforded the opportunity to cure or abate the condition
and shall also be afforded an opportunity for a hearing before a court
of competent jurisdiction for an independent determination concerning
the violation. Subsequent to the expiration of the thirty-day period,
a fine greater than $1,250 may be imposed if a court has not determined
otherwise or, upon reinspection of the property, it is determined
that the abatement has not been substantially completed.
The Zoning Officer shall maintain in his office
a record of all zoning permits, all actions, proceedings or complaints
taken, instituted or filed by him.
The Zoning Officer shall monitor and enforce
the required implementation of subdivisions, site plans and zoning
variances approved under laws or ordinances in effect prior to the
adoption of this chapter and superseded hereby, and for such purpose
the Zoning Officer shall have all of the powers and duties prescribed
in this article.
[Added 1-27-1994 by Ord. No. 5-94]
Whenever the Planning Board of the Township
of Old Bridge or the Zoning Board of Adjustment of the Township of
Old Bridge imposes a condition of approval upon a developer which
requires the developer to convey a conservation easement, such easement
shall be both depicted on the approved plan and conveyed in deed form.
The form of conveyance made shall be approved by the Board Attorney
and the Township Attorney before recordation. Upon approval of the
form of such conveyance and simultaneous with the forwarding of such
deed to the County Recording Office, copies of such conveyance shall
be forwarded to the Township Clerk, the Township Zoning Officer, the
Construction Code Official, the administrative officer of the respective
board.
