[Amended 5-18-1996 by Ord. No. 96-10]
The provisions of Chapter
4, Administration of Government, §
4-65, shall apply.
The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this Part
4. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. It shall also have the following powers and duties:
A. To make and adopt and from time to time amend a Master
Plan for the physical development of the municipality, considering
any areas outside its boundaries which in the Board's judgment bear
essential relation to the planning of the municipality.
B. At the request of the developer, the Planning Board
shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. The developer shall not be required to submit any
fees for such an informal review. The developer shall not be bound
by any concept plan for which review is requested and the Planning
Board shall not be bound by any such review.
C. To administer the provisions of Part
1, Site Plan Review, and Part
2, Subdivision, of this chapter, and other development control ordinances of the municipality in accordance with the provisions of said ordinances and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
D. To approve conditional use applications in accordance with the provisions of this Part
4, pursuant to N.J.S.A. 40:55D-67.
E. To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
F. To assemble data on a continuing basis as part of
a continuing planning process.
G. To annually prepare or review, when authorized by
the Township Council, a program of municipal capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the Township Council.
H. To consider and make report to the Township Council
within 35 days after referral as to any proposed development regulation
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a)
or 40:55D-26(b) and also pass upon other matters specifically referred
to the Planning Board by the Township Council pursuant to the provisions
of N.J.S.A. 40:55D-26(a) or 40:55D-26(b).
[Amended 8-13-1984 by Ord. No. 84-24]
I. Whenever the proposed development requires approval pursuant to this chapter of a subdivision, site plan or conditional use, but not a variance pursuant to §
4-68F(1)(d) of Chapter
4, Administration of Government, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
[Amended 8-13-1984 by Ord. No. 84-24]
(1) Variances pursuant to N.J.S.A. 40:55D-70c.
(2) Direction for issuance of a permit for a building
or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
(3) Direction pursuant to N.J.S.A. 40:55D-36 for issuance
of a permit for a building or structure not related to a street.
(a)
Whenever relief is requested pursuant to this
subsection, notice of the hearing on the application for development
shall include reference to the request for a variance or a direction
for issuance of a permit as the case may be.
(b)
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and this Part
4.
J. To perform such other advisory duties as are assigned
to it by ordinance or resolution of the Township Council for the aid
and assistance of the Township Council or other agencies or officers.
The Mayor may appoint one or more persons as
a Citizens Advisory Committee to assist or collaborate with the Planning
Board in its duties, but such person or persons shall have no power
to vote or take other action required by the Board. Such person or
persons shall serve at the pleasure of the Mayor.
Whenever the Environmental Commission has prepared
and submitted to the Planning Board an index of the natural resources
of the municipality, the Planning Board shall make available to the
Environmental Commission an informational copy of every application
for development to the Planning Board. Failure of the Planning Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
[Amended 5-5-1980 by Ord. No. 80-13; 5-5-1980 by Ord. No. 80-14; 2-8-1982 by Ord. No. 82-09; 8-9-1982 by Ord. No. 82-35; 10-25-1982 by Ord. No.
82-48; 8-13-1984 by Ord. No. 84-24; 5-18-1996 by Ord. No. 96-10; 8-14-2006 by Ord. No. 2006-10]
The provisions of Chapter
4, Administration of Government, §
4-68, shall apply. Additionally, as a part of an application to said Board for bulk variances ("c" type) and for use and non-use variances ("d" type) relief within the jurisdiction of said Board pursuant to §
4-68 referenced herein, all applicants shall complete and file with their application the following Zoning Board of Adjustment checklist.
[Amended 8-23-1982 by Ord. No. 82-39]
A. This Part
4 shall be administered and enforced by the Zoning Officer of the Township of West Windsor or any proper officer of the Township. All zoning and land use permits as required by this Part
4 shall be issued by the Zoning Officer. The Zoning Officer may from time to time promulgate such rules and regulations as said Zoning Officer may deem necessary for the proper administration of this Part
4. A copy of such rules and regulations shall be kept on file in the office of the Township Clerk, Construction Official and Zoning Officer.
B. The Zoning Officer shall cause any property, building or structure to be inspected or examined and to order, in writing, compliance with the terms of this Part
4. For purposes of such inspection, the Zoning Officer shall have the right to enter any building or premises during reasonable hours, subject to due process of law.
C. The Mayor may appoint an Assistant Zoning Officer
to serve at the discretion of the Mayor and to have such authority
as is delegated to the Assistant Zoning Officer by the Mayor.
[Added 1-25-1982 by Ord. No. 82-3]
[Amended 8-23-1982 by Ord. No. 82-39]
No building in any district shall be erected, reconstructed, restored, structurally altered, except for ordinary repairs as defined by the State of New Jersey, Department of Community Affairs, or used without a building permit, and no vacant land shall be used in any manner not involving the construction of a building without a land use permit. A building permit or a land use permit shall be duly issued upon application to the appropriate official and upon payment of the required fee, unless the premises are exempt from taxation. The amount of such fee shall be as set forth in the Chapter
82, Fees, of this Code. No building permit or land use permit shall be issued unless the proposed construction or use is in full conformity with all provisions of this Part
4 and all other applicable regulations. Any such permit issued in violation of the provisions of this Part
4 shall be null and void and of no effect, without the necessity for any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful.
A. Building and land use permit application procedure.
(1) Every application for a building permit shall comply with such administrative rules regarding their issuance as may be enforced and available from the Construction Official and shall contain the following information, accompanied by a plot plan drawn to scale and signed by the person responsible for such drawing, which is acceptable to the Construction Official. If no such plot plan is available or acceptable, a survey, prepared by a licensed engineer or land surveyor, is required. In the case of accessory buildings, the Construction Official may waive such of the requirements set forth in Subsection
A(1)(a) through
(e) below as said Official may deem to be superfluous.
(a)
The actual shape, dimensions, radii, angles
and area of the lot on which the building is proposed to be erected
or of the lot on which it is situated if an existing building.
(b)
The exact size and locations on the lot of the
proposed building or buildings or alteration of an existing building
and of other existing buildings on the same lot.
(c)
The dimensions of all yards in relation to the
subject building and the distances between such building and any other
existing buildings on the same lot.
(d)
The existing and intended use of all buildings,
existing or proposed, the use of land and the number of dwelling units
the building is designed to accommodate.
(e)
Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this Part
4, including but not limited to finished basement floor elevation, existing groundwater elevation, highest seasonally high groundwater elevation, the method of determining both the existing groundwater elevation and the highest seasonally high groundwater elevation and by whom these determinations were made.
[Amended 4-20-1990 by Ord. No. 90-12]
(f)
As a condition precedent to the application
for a building permit for a new building, a proposed grading plan
shall be submitted to the Township Engineer for review and approval.
This plan shall include the proposed building footprint, first floor
elevation and proposed ground elevations at the following locations:
all lot corners, all building corners and at vehicle entrance to the
garage. The plan shall also show the proposed finished basement floor
elevation, the existing groundwater elevation, the highest seasonally
high groundwater elevation, the methods of determining both the existing
groundwater elevation and the highest seasonally high groundwater
elevation and by whom these determinations were made. Proposed contours
at one-foot intervals shall be shown and shall include proposed grading
over the septic system area, if applicable.
[Added 4-20-1990 by Ord. No. 90-12]
(g)
A foundation location survey prepared by a land
surveyor licensed in the State of New Jersey showing the as-built
location of the building foundation shall be submitted to the Construction
Official prior to backfill inspection of the foundation wall. The
proposed foundation location as shown on the original plot plan shall
also be shown on the foundation location survey.
[Added 4-20-1990 by Ord. No. 90-12]
(2) Every application for a land use permit shall be accompanied
by a plot plan drawn to scale and signed by the person responsible
for such drawing, showing the manner in which the land is proposed
to be used and any proposed fencing, screening and landscaping. The
Zoning Officer may waive this requirement if the Zoning Officer deems
it superfluous.
B. Access prerequisite to building permit. No building
permit shall be issued for the construction or alteration of any building
upon a lot without access to a street or highway except upon application
to and approval by the Board of Adjustment.
C. Site plan review prior to building permit. No building
permit shall be issued for any building that is subject to site plan
review and approval, except in conformity with the requirements of
said approval.
D. Conditional use approval prior to building permit.
No building permit shall be issued for a building that is to be used
for any conditional use in any district where such use is subject
to approval by the Planning Board unless and until such approval has
been duly granted by said Board.
E. Variance requirements prior to building permit. No
building permit shall be issued for a building that is permitted subject
to a variance granted by the Board of Adjustment except in accordance
with all conditions which may have been prescribed by the Board.
F. Copies and fee. The building permit application and all supporting documentation shall be made in such number of copies as may be required by the Construction Official and shall be accompanied by the required fee. The amount of such fee shall be as set forth in Chapter
82, Fees, of this Code. On the issuance of a building permit, the Construction Official shall return one copy of all filed documents to the applicant.
G. Construction official time to act. The Construction
Official shall within 20 days after the filing of a complete and properly
prepared application as determined by the Construction Official either
issue or deny a building permit. If a building permit is denied, the
Construction Official shall state, in writing, to the applicant the
reasons for such denial.
H. Zoning approval prior to building permit. No building permit shall be issued for any structure until prior zoning approvals have been granted by the appropriate federal, state, county or municipal agency or agencies in accordance with the provisions of this Part
4 and until all review and inspection fees and all local taxes and assessments on the property have been paid.
[Added 11-12-1996 by Ord. No. 96-27]
Upon the completion, in compliance with all the provisions of this Part
4, of any building or alteration, provided that the approved building permit as described herein shall have been issued, the owner or the owner's agent shall apply to the Construction Official, in writing, for the issuance of a certificate of occupancy pursuant to the provisions of this section.
A. Unlawful occupancy. 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,
other than agriculture.
(3) Any change in use of a nonconforming use.
(4) Occupancy and use of any enlargement to an existing
structure.
B. Conditional use approval prior to certificate of occupancy.
No certificate of occupancy shall be issued for any conditional use
of a building or of land requiring conditional use approval by the
Planning Board or for any land or site requiring site plan approval
has been granted or in connection with which a variance has been granted
by the Board of Adjustment and shall contain a detailed statement
of any condition to which the same is subject.
C. Certificate of occupancy application procedure. Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made on forms furnished by the Construction Official after erection of such building or part thereof has been completed in conformity with the provisions of this Part
4 and all other applicable regulations. In the case of a new building, such application shall be accompanied by an accurate plot plan, acceptable to the Construction Official, or by a survey prepared by a licensed land surveyor or engineer showing the location of all buildings as built. Such certificate shall be issued within 10 days after receipt of the properly completed application, but only provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with.
(1) As a condition precedent to the issuance of a certificate
of occupancy for a new building, pursuant to the State Uniform Construction
Code, an as-built lot grading plan prepared by a land surveyor licensed
in the State of New Jersey shall be submitted to the Construction
Official and the Township Engineer bearing a certification that the
lot grading complies with the proposed lot grading plan as approved
or as amended and approved by the Township Engineer.
[Added 4-20-1990 by Ord. No. 90-12]
(2) The as-built plan shall be prepared with the contours
at one-foot intervals and shall include the building footprint, finished
first floor elevation and ground elevations at all lot corners, all
building corners, vehicle entrance to the garage, drainage swale inverts
between adjacent interrupted landscape berms, top of curb adjacent
to property corners, edge of Township-owned sidewalk adjacent to property
corners and at the center of the driveway, inlet grate elevations
(private and Township-owned) and all high points on the lot. The invert
and surrounding ground elevation shall be shown for sanitary sewer
clean-outs and for sump pump discharge line cleanouts. The plan shall
also show the location of the septic system, lateral inverts, D-box
outlet inverts and septic tank lid elevation, if applicable. All proposed
ground elevations shown on the approved grading plan shall be included
on the as-built plan.
D. Issuance of certificate of occupancy. If the proposed use is in conformity with the provisions of this Part
4 and of all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land or for a change of use of a nonconforming use shall be issued by the Construction Official within 10 days after receipt of a properly completed application. If the certificate of occupancy is denied, the Construction Official shall state the reasons, in writing, to the applicant.
E. Fee. Every application for a certificate of occupancy, a temporary certificate of occupancy or certificate of compliance shall be accompanied by the required fee. The amount of such fee shall be as set forth in Chapter
82, Fees, of this Code.
F. Effect of certificate of occupancy. 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.
G. Record of certificate of occupancy. 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 agency of
the Township or to any persons having a proprietary or tenancy interest
in the building or land affected.
[Amended 10-25-1982 by Ord. No. 82-48; 11-12-1996 by Ord. No. 96-27]
All requests for zoning permits shall be made
to the Zoning Officer, in writing, specifying the lot or building
involved and the proposed use and such other information as may be
required. No zoning permit will be issued until all taxes and assessments
for local improvements on the property for which zoning relief is
sought have been paid in full.
[Amended 7-7-2008 by Ord. No. 2008-15]
Violation of any provision or requirement of this Part
4 or violation of any plan, application, permit or certificate approved under the provisions of this Part
4, including conditions of approval imposed by the board of jurisdiction, shall be considered an offense punishable as provided in Chapter
1, General Provisions, Article
II, Penalty, §
1-3. The approval conditions to which this section applies shall include all conditions, whether or not they are enforceable or were intended to be enforceable by deed restrictions, easements, or other mechanisms and whether or not such restrictions and easements were recorded or other mechanisms were implemented. More specifically, the applicant and its successors in title shall comply with conservation area restrictions set forth in the approval and application materials, whether or not they are intended to be incorporated in deed restrictions and whether or not such deed restrictions were recorded. In the event that any penalty provided herein is in excess of that allowed by any other applicable code or ordinance, the penalty provisions of such other code or ordinance shall apply. The following guidelines shall prevail in determining responsibility for violations and extent of penalties:
A. The owner, general agent or contractor of a building,
premises or part thereof where such a violation has been committed
or does exist shall be guilty of such an offense.
B. Any agent, contractor, architect, engineer, builder,
corporation or other person who commits, takes part or assists in
such violation shall be guilty of such an offense.
C. Each and every day that any such violation continues,
after a ten-day period from the date of notification that such violation
exists, shall constitute a separate offense. Such notice shall be
written by the Construction Official and shall be served by certified
or registered mail or by personal service.
D. The imposition of penalties herein prescribed shall
not preclude the Township or any person from instituting appropriate
legal action or proceeding to prevent an unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use;
or to restrain, correct or abate a violation; or to prevent the illegal
occupancy of a building, land or premises.
All applications for development filed prior to the effective date of this Part
4 may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of §
200-249.