[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]
