The office of Development Enforcement Officer is hereby established, and said office shall be filed by appointment by the Director of Engineering and Public Works. The Development Enforcement Officer shall serve at the pleasure of the governing body and shall have such powers and duties as are prescribed in this article and as shall be prescribed from time to time by the governing body. He shall have the power to adopt such forms, rules and regulations, not inconsistent with this chapter, as he deems desirable or necessary to carry out his duties.
A development permit shall be obtained upon application of the developer prior to the undertaking of any development for which permission is required under this chapter, and such undertaking shall be in accordance with such permit and may continue only so long as the permit is valid and subsisting. The approval of an application for development as provided in this chapter shall constitute the development permit for the development so approved and shall so state, and such permit shall be valid for such period of time as is specified in this chapter for the effectiveness of such approval.
A development certificate of occupancy shall be obtained upon application of the developer after completion of any such development and before the same is occupied or used, and such certificate shall be issued if, after inspection, the Development Enforcement Officer shall determine that the development has been timely completed in accordance with the development permit. However, in cases where the development permit does not require any further work or action to implement the approved development, a development certificate of occupancy shall be issued at the same time as, and as part of, the development permit and shall state that the development then complies with the provisions of this chapter.
A. 
An application for development shall constitute an application for a development permit and, in appropriate cases, a development certificate of occupancy. The fees charged for the application for development shall be deemed to include fees for applications for such permit and, in appropriate cases, for such certificate.
B. 
In cases where a separate application for a development certificate of occupancy is required, the application shall be made to the Development Enforcement Officer and shall be accompanied by payment of fees to the municipality as follows:
Certificate of Occupancy or Usage
Commercial and industrial
Buildings and structures (new)
$35.00
Alterations
No fee
Additions
$20.00
Repairs
No fee
Temporary
$10.00
Residential construction (multifamily)
Per unit, additional
$7.00
Additions per unit
$10.00
Repairs per unit
No fee
Alterations per unit
No fee
Final certificate of occupancy (all work on building and site completed)
$35.00
Temporary, per unit
$10.00
Residential construction, single-family (to be paid at time building permit is issued)
New construction (dwellings)
$10.00
Additions, over 100 square feet which are habitable
$10.00
Alterations
No fee
Repairs
No fee
Relocated house
$10.00
Foundations only
No fee
Garages
No fee
Temporary
$10.00
General construction (buildings and structures)
Utility buildings
No fee
Pools, in-ground and aboveground
No fee
Fireplace
No fee
Fences over 50% solid, radio towers, etc.
No fee
Unclassified
No fee
Temporary
No fee
Signs
No fee
Tents
Circus tents, per tent
$10.00
Carnival tents, per tent
$5.00
Carnival rides, per ride
$5.00
Temporary (at the end of 60 days all temporary certificates of occupancy will expire)
C. 
Waiver of fees.
(1) 
In the case of federal, state and local governments, no fees shall be charged.
(2) 
In the case of nonprofit, charitable or religious organizations, the Township Council may by resolution waive any fees.
[1]
Editor's Note: As to fees generally, see Ch. 94.
In cases where a separate application for a development certificate of occupancy is required, the application for such certificate shall be in such form and number of copies and accompanied by such data, materials, plans, plats and information as the Development Enforcement Officer shall reasonably require in order to determine whether the development complies with the requirements for issuance of the certificate. The certificate shall state that the development complies with the provisions of this chapter and shall be in such form as the Development Enforcement Officer shall prescribe.
The issuance of any development permit or development certificate of occupancy may be conditioned upon the express approval of appropriate state, county or municipal agencies.
A temporary development certificate of occupancy for a period not to exceed 60 days may be issued upon separate application to the Development Enforcement Officer in cases in which the Officer determines that the development is substantially completed, that the applicant is proceeding with dispatch toward final completion, that it is likely that the development will be finally completed within the period of the temporary certificate, that denial of the certificate would result in undue hardship to the applicant and that the temporary use of the development will not adversely affect the public health, safety or welfare. Each application for a temporary development certificate of occupancy shall be accompanied by payment of a fee of $10 to the municipality, and the issuance of such certificate shall be conditioned upon the applicant's applying for and receiving a permanent development certificate of occupancy within the temporary time period.
The approvals, permits, certificates and authorizations required by this Part 4 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.
Any development permit or development certificate of occupancy may be suspended or revoked by the Development Enforcement Officer if he shall determine that the development is being undertaken, used or occupied in violation of the permit or certificate, and the suspension or revocation may be rescinded by the Officer upon correction of the violation. Such suspension or revocation shall be in addition to other remedies.
A. 
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, 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 municipality may 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 § 126-111. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six years if unrecorded.
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 Municipal Clerk for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. 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 Municipal Clerk shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said 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 of his office.
C. 
Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
(1) 
Whether 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 Municipal Land Use Law; and
(2) 
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, 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.
(3) 
Whether such subdivision, if same has not been approved, is statutorily exempt from the requirement of approval as provided in this act.
[Added 6-25-1981 by Ord. No. 81-19]
D. 
The Municipal Clerk shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.R.S. 54:5-14 and 54:5-15. The fees so collected by such officer shall be paid by him to the municipality.
A. 
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision 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 the provisions of § 126-110.
B. 
If the Municipal Clerk 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 § 126-110.
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 Development Enforcement Officer, in his own official behalf or on behalf of the municipality or any municipal agency or any 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 Development Enforcement Officer in any court other than the Municipal Court, except in case of emergency, unless the governing body shall first have authorized the same.
The Development Enforcement 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.
A. 
Except as otherwise provided in § 126-110, any person who shall violate any provision of this chapter or any rule, regulation or order made under the authority of this chapter shall be liable for a fine not exceeding $500 or to imprisonment for a term not exceeding 90 days, or both, and in cases 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 state by the Development Enforcement Officer, any municipal police officer or any interested party.
B. 
Penalties relating to soil erosion are as set forth in Section 15 of Chapter 251, Soil Erosion and Sediment Control Act of 1975 (N.J.R.S. 4:24-53).
[Added 6-5-1978 by Ord. No. 78-11]
The Development Enforcement Officer shall maintain in this office a record of all development permits and development certificates of occupancy and all actions, proceedings or complaints taken, instituted or filed by him.