Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. #585, § 1002A; Ord. #1103, § 59; Ord. #1429, 5-29-2001, amended]
No structure or lot shall be used in violation of this chapter or in violation of any requirement and/or condition of any approval granted by the Planning Board or Zoning Board of Adjustment pursuant to this chapter, including any requirement and/or condition set forth on an approved plan or within an adopted resolution that is applicable to the structure or lot. It shall be the duty of the Zoning Enforcement Officer to administer and enforce the provisions of this chapter and of any Board approvals and, in so doing, to inspect periodically the structures and land in the Township, to investigate violations of the chapter or Board approval coming to his attention, to serve notice upon property owners to abate any condition found to exist in violation of any provision(s) of this chapter or of any Board approval, to sign complaints where justified and to cooperate with other Township officials in the prosecution of violators. The enumeration herein of the duties of the Zoning Enforcement Officer shall not mean that other officials and employees shall be relieved of their obligation or authority to enforce this chapter. The Construction Code Enforcement Official and Zoning Enforcement Officer or their deputies or other Township employees authorized by the Township Committee or Township Engineer shall have the right to inspect any lot or building at reasonable times for the purpose of investigating possible violations of this chapter or of any applicable Planning Board or Zoning Board of Adjustment approval.
[Ord. #585, § 1002B; Ord. #1103, § 60; Ord. #1229, § 3]
a. 
No construction, enlargement, alteration, demolition or change of use or occupancy for which a construction permit is required pursuant to the Uniform Construction Code of the State of New Jersey, N.J.A.C. 5:23-2.5a, shall be undertaken until a construction permit is obtained from the Construction Code Enforcement Official and Zoning Enforcement Officer.
b. 
It shall be the duty of the Construction Code Enforcement Official to keep a record of all applications for construction permits, whether issued or denied, with notations of any special conditions involved, and to file and safely keep copies of all plans and specifications submitted with each application. Such data shall form a part of the Township public records. A monthly report of construction permits issued shall be filed with the Township Tax Assessor.
c. 
Every application for a construction permit shall be accompanied by three sets of plot plans drawn in ink or a blueprint showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of all existing and proposed structures and substructures, the location and species of all trees equal to or greater than six inches DBH within 15 feet of a proposed structure, indicate all trees to be removed, a tree removal permit application, if applicable, all existing and proposed easements, the existing or intended use of each structure, the number of dwelling units the structure is designed to accommodate, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. A plot plan checklist is attached as Appendix A, Article X at the end of this chapter. The items indicated in the checklist are the minimum requirements for plot plan submissions. The submission shall also include additional items as required pursuant to any applicable Planning Board or Zoning Board of Adjustment approval or as otherwise required pursuant to this chapter. A construction permit shall be granted or denied in writing within 20 business days from the date of a complete application unless additional time is agreed upon in writing by the applicant. One copy of such plans shall be returned to the owner when such plans shall have been approved or denied by the Construction Code Enforcement Official and Zoning Enforcement Officer, together with such permit as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey of the lot by a licensed land surveyor in the State of New Jersey. The lot and the location of the structure(s) thereon shall be staked out on the grounds before construction is started. No construction permit shall be issued for any structure:
[Ord. #1357, 6-29-1999, amended; Ord. #1429, 5-29-2001, amended]
1. 
Until such prior development plan, conditional use and variance approvals as may be necessary have been granted by the appropriate municipal agency or agencies in accordance with the provisions of this chapter;
2. 
Until the developer causes every resolution of the Planning Board or Board of Adjustment approving its development plan or variances relating thereto to be recorded in the office of the Somerset County Clerk and presents adequate evidence of said recordation to the Construction Official;
3. 
Until all review and inspection fees have been paid; and
4. 
If applicable, until the developer presents to the Township adequate evidence of compliance with Section 21-58A.3g, concerning ownership organizations.
5. 
Until a tree removal permit is applied for and issued, if required.
[Ord. #1357, 6-29-1999, added]
[Ord. #585, § 1002C; Ord. #808; Ord. #1103, § 61]
a. 
It shall be unlawful to use or permit the use of any structure or part(s) thereof occupied for a new use; or in the case of any nonresidential use, occupied by a new occupant; or occupied as a low- or moderate-income residential sales or rental unit, whether upon initial sale or rental, resale or rerental; or hereafter erected, altered, converted or enlarged wholly or in part, until a certificate of occupancy shall have been issued by the Construction Code Enforcement Official with the consent (as to matters outside of the Uniform Construction Code) of the Zoning Enforcement Officer. The Construction Code Enforcement Official shall issue a certificate of occupancy only when he or she is satisfied that the structure satisfies all code requirements; the Zoning Enforcement Officer has certified that the development complies with the provisions of this chapter; the Township Engineer has certified that the developer has complied with the requirements and conditions of the resolution(s) approving the development and is not in violation of the ordinances of the Township; and all other officials have made such certifications as this chapter may require prior to the issuance of a certificate of occupancy.
1. 
Notwithstanding any other time requirement in this section, no certificate of occupancy shall be issued for a low- or moderate-income residential sales or rental unit unless the Municipal Housing Liaison of the Township has made a written determination that the unit is to be controlled by the deed restriction and mortgage lien required by the New Jersey Council on Affordable Housing, under N.J.A.C. 5:92, Subchapter 12, as amended from time to time.
[Ord. #2021, 7-15-2008, amended]
b. 
Unless additional time is agreed upon by the applicant in writing, a certificate of occupancy shall be granted or denied in writing within 10 days from the date that a written notification pursuant to Section 5:23-2.7 of the Uniform Construction Code of the State of New Jersey is filed with the Construction Code Enforcement Official and a duplicate is filed with the Zoning Enforcement Officer stating that the erection of the structure is completed in accordance with the approved permit and development plan.
c. 
A temporary certificate of occupancy may be issued for any structure or use for which development plan approval has been granted although not all conditions of the approval have been complied with. Such temporary certificates of occupancy shall be issued only in extenuating circumstances and only with the approval of the Board which approved the development plan, which Board may establish specific terms and conditions for the issuance of a temporary certificate of occupancy, including the posting of a performance guaranty for any improvements not yet completed.
d. 
Should the Construction Code Enforcement Official decline to issue a certificate of occupancy, his or her reason for doing so shall be so stated on two copies of the application and one copy shall be returned to the applicant. If the reason for declining the issuance of the certificate of occupancy is based upon objections of the Zoning Enforcement Officer, said Officer shall state his or her objections and they shall be attached to the copy of the application which is returned to the applicant.
e. 
Upon notice being served of any condition found to exist in violation of any provision(s) of this chapter with respect to any land use, the certificate of occupancy for such use shall thereupon, without further notice, be null and void and a new certificate of occupancy shall be required for any further use of such structure of land.
f. 
A monthly report of the certificates of occupancy issued shall be filed with the Township Tax Assessor. A record of all certificates of occupancy shall be kept in the office of the Construction Code Enforcement Official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be established by resolution of the governing body except that there shall be no charge to a municipal agency.
[Ord. #2050, § 2, 2-10-2009, added]
a. 
No construction, reconstruction, alteration, conversion or installation of a structure, building, fence, patio, driveway, or other impervious surface, or change of use shall be undertaken unless and until a zoning permit is obtained from the Zoning Enforcement Officer, provided, however, that no zoning permit shall be required for any use or work for which a construction permit has been obtained pursuant to Subsection 21-63.2. The issuance of a construction permit shall be considered to include a zoning permit.
b. 
No zoning permit shall be issued until all delinquent and current real property taxes or other Township assessments for local improvements have been paid in full for the property subject to the zoning permit.
c. 
Applications for zoning permits shall be submitted to the Zoning Enforcement Officer, using the standard form provided by the Zoning Enforcement Officer. The application shall include a zoning permit application fee of $50 and two copies of a survey or plot plan. The survey/plot plan must be drawn to scale and must show the entire property; locations and uses of all existing structures; any existing wetlands, floodplain, easements or other restrictions; locations, dimensions and height of all proposed structures/improvements; proposed setback dimensions to property lines and adjacent structures; calculations of existing and proposed lot coverage; and any other information deemed necessary by the Zoning Enforcement Officer in order to determine compliance with the provisions of this chapter. For fences, walls, sheds and other structures, graphic details (e.g. construction plans, sketches, catalog photo or brochure) must accompany the application.
[Ord. #2128, 9-28-2010, amended]