[Amended 5-18-1996 by Ord. No. 96-10]
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.
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.[1]
[1]
Editor's Note: Said checklist is included at the end of this chapter.
A.
Meetings of municipal agencies.
(1)
Regular meetings. Every municipal agency shall hold
regular meetings at the times and places fixed by its rules. Regular
meetings shall be scheduled not less than once a month and shall be
held as scheduled unless canceled for lack of applications for development
to process.
(2)
Special meetings. Special meetings may be provided
for at the call of the Chair or on the request of any two members,
and such shall be held on notice to the members and the public in
accordance with legal requirements.
(3)
Open to public. All regular and special meetings shall
be open to the public, and notice thereof shall be given in accordance
with the requirements of the Open Public Meetings Law, P.L. 1975,
c. 231.[1] An executive session for the purpose of discussing and
studying any matters to come before the agency shall not be deemed
a regular or special meeting within the meaning of the Municipal Land
Use Law.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(4)
Action at meetings; quorum. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting, except as otherwise provided in this Part 4 and except also that adjournment for lack of a quorum may be by majority vote of those present. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of § 200-245I(2) of this Part 4 or § 4-68 of Chapter 4, Administration of Government, shall be deemed an action denying the application. A member of a municipal agency who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding the member's absence from one or more of the meetings; provided, however, that such Board member has available to said member the transcript or recording of all of the hearing from which said member was absent and certifies, in writing, to the Board that said member has read such transcript or listened to such recording.
[Amended 8-13-1984 by Ord. No. 84-24]
(5)
Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and the persons appearing by attorney, the action taken by the agency, the findings, if any, made by it and the reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes and shall be charged a fee for reproduction of the minutes as provided by Chapter 82, Fees, of this Code.
B.
Fees for applications or for the rendering of any services by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs shall be as provided by Chapter 82, Fees, of this Code.
C.
Hearings.
(1)
Application by corporation or partnership. A corporation
or partnership applying to the Planning Board or the Board of Adjustment
or to the governing body for permission to subdivide a parcel of land
into six or more lots or applying for a variance to construct a multiple
dwelling of 25 or more family units or for approval of a site to be
used for commercial purposes shall list the names and addresses of
all stockholders or individual partners owning at least 10% of its
stock of any class or at least 10% of the interest in the partnership,
as the case may be.
(2)
Disclosure of 10% ownership interest of corporation or partnership which is 10% owner of applying corporation or partnership. If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the 10% ownership criterion established in N.J.S.A. 40:55D-48.1 et seq. have been listed.
[Amended 4-19-1999 by Ord. No. 99-07]
(4)
Penalty. Any corporation or partnership which conceals
the names of the stockholders owning 10% or more of its stock or of
the individual partners owning a 10% or greater interest in the partnership,
as the case may be, shall be subject to a fine of $1,000 to $10,000,
which shall be recovered in the name of the municipality in any court
of record in the State in a summary manner pursuant to the Penalty
Enforcement Law (N.J.S.A. 2A:58-1 et seq.).
(5)
Rules. The Planning Board and Zoning Board of Adjustment
shall make rules governing the conduct of hearings before such bodies,
which rules shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1 et seq. or of this Part 4.
(6)
Oaths. The officer presiding at the hearing or such
person as the presiding officer may designate shall have the power
to administer oaths and issue subpoenas to compel the attendance of
witnesses and the production of relevant evidence, including witnesses
and documents presented by the parties and the provisions of the County
and Municipal Investigations Law, c. 38, P.L. 1953 (N.J.S.A, 2A:67A-1
et seq.) shall apply.
(7)
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
(8)
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
(9)
Records. Each Board shall provide for the verbatim
recording of the proceedings by either stenographer, mechanical or
electronic means. In all applications for use variance, if the Board
does not provide, by regulation, a stenographer, it shall be the obligation
of the applicant to provide a stenographer for the purpose of recording
the hearing. The Board shall furnish a transcript or duplicate recording
in lieu thereof on request to any interested party at his or her expense.
A deposit representing an estimate of the cost of said transcript
shall be paid prior to its preparation.
[Amended 5-24-1982 by Ord. No. 82-22[2]]
D.
Notice requirements for hearing. Whenever a hearing
is required on an application for development pursuant to N.J.S.A.
40:55D-1 et seq. or pursuant to the determination of the municipal
agency in question, the applicant shall give notice thereof as follows:
(1)
Public notice shall be given by publication in the
official newspaper of the municipality at least 10 days prior to the
date of the hearing.
(2)
Notice shall be given to the owners of all real property
as shown on the current tax duplicate located in the state and within
200 feet in all directions of the property which is the subject of
such hearing, provided that this requirement shall be deemed satisfied
by notice to the condominium association, in the case of any unit
owner whose unit has a unit above or below it, or horizontal property
regime, in the case of any co-owner whose apartment has an apartment
above or below it. Notice shall be given by serving a copy thereof
on the property owner as shown on the current tax duplicate, or on
the agent in charge of the property, or mailing a copy thereof by
certified mail to the property owner at the property owner's address
as shown on the current tax duplicate.
(3)
Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its President, a Vice President, Secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association because of its ownership of common
elements or areas located within 200 feet of the property which is
the subject of the hearing may be made in the same manner as to a
corporation without further notice to unit owners, co-owners or homeowners
on account of such common elements or areas.
(4)
Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection D(2) above to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(5)
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situated within 200 feet of a municipal
boundary.
(6)
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
(7)
Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning
in the Department of Community Affairs of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10b.
(8)
All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for hearing,
and the applicant shall file an affidavit of proof of service with
the board holding the hearing on the application for development.
(9)
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing. All notices required to be given pursuant to the terms of this Part 4 shall state the name, time and place of hearing, the nature of the matters to be considered, including a description of any waivers that may be requested by the applicant in accordance with Part 1, Site Plan Review, Part 2, Subdivision, and Part 3 Subdivision and Site Plan Procedures, of this chapter, and identification of the property proposed for development by street address, if any, or by reference to lot and block number as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought or available as required by law.
[Amended 8-9-1982 by Ord. No. 82-37]
E.
List of property owners furnished. The Zoning Officer of the municipality shall within seven days after receipt of a request therefor and upon receipt of payment of a fee as prescribed in Chapter 82, Fees, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection D(1) above. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.
F.
Decisions.
[Amended 8-13-1984 by Ord. No. 84-24]
(1)
The municipal agency shall include findings of fact
and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The municipal
agency shall provide the findings and conclusions through:
(b)
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to Subsection A (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsection F(2) below and Subsection G of this section. If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipality.
(2)
A copy of the decision shall be mailed by the Board
within 10 days of the date of decision to the applicant or, if represented,
then to his or her attorney, without separate charge. A copy of the
decision shall also be mailed to all persons who have requested it
and who have paid the fee prescribed by the Board for such service.
A copy of the decision shall also be filed in the office of the Municipal
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the some manner
as those established for copies of other public documents in the municipality.
G.
Publication of decision. A brief notice of every final
decision shall be published in the official newspaper of the municipality.
Such publication shall be arranged by the secretary of the Planning
Board or Zoning Board of Adjustment, as the case may be, without separate
charge to the applicant. Such notice shall be sent to the official
newspaper for publication within 10 days of the date of any such decision.
H.
Payment of taxes. Every application for development
submitted to the Planning Board or to the Zoning Board of Adjustment
shall be accompanied by proof that no taxes or assessments for local
improvements are due or delinquent on the property which is the subject
of such application; or, if it is shown that taxes or assessments
are delinquent on said property, any approvals or other relief granted
by either Board shall be conditioned upon either the prompt payment
of such taxes or assessments or the making of adequate provision for
the payment thereof in such manner that the municipality will be adequately
protected.
I.
Appeals from decisions of a municipal agency on applications
for development. The Township Council shall not hear any appeals from
the decision of a municipal agency. Any interested party desiring
to appeal such decision shall file directly for review by any court
of competent jurisdiction according to law and pursuant to the rules
of court.
[Added 8-13-1984 by Ord. No. 84-24[4]]
[4]
Editor's Note: Original Subsections 22-10.5.11
through 22-10.5.18, which immediately followed this subsection, were
deleted by Ord. No. 84-24.
[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.[1]
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.
[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.
A.
This Part 4 or any part thereof may be amended, supplemented or repealed from time to time by the Township Council on its own motion or upon recommendation by the Planning Board. Every proposed amendment shall be referred by the Township Council to the Planning Board for a report, which shall be rendered within 35 days of such referral. Such amendments shall be governed by the procedural provisions regarding necessary public meeting and notices, quorum, voting and other stipulations as established in § 200-249 of this article.
B.
Report of the Planning Board on amendments. In making
such report on a proposed amendment, the Planning Board shall make
inquiry and determination concerning the items specified below:
(1)
Zoning text amendment. Concerning a proposed amendment
to or change in the text of this Part 4:
(a)
Whether such change is consistent with the aims
and principles embodied in this Part 4 as to the particular districts
concerned.
(b)
Which areas, land uses, buildings and establishments
in the Township will be directly affected by such change and in what
way they will be affected.
(c)
The indirect implications of such change in
its effect on other regulations.
(d)
Whether such proposed amendment is consistent
with the aims of the Master Plan of the Township.
(2)
Zoning Map amendment. Concerning a proposed amendment
involving a change in the Zoning Map:
(a)
Whether the uses permitted by the proposed change
would be appropriate in the area concerned.
(b)
Whether adequate public school facilities and
other public facilities and services, including roads, exist or can
be reasonably expected to be created to serve the needs of any additional
dwellings or such other uses likely to be constructed as a result
of such change.
(c)
Whether the proposed change is in accord with
any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the
growth of the Township as envisaged by the Master Plan.
