These rules, regulations and standards shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Township. Any action
taken by the Township under the terms of this chapter shall give primary
consideration to the above-mentioned matters and to the welfare of
the entire community.
The Planning Board, when acting upon applications for preliminary or minor subdivision approval or upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for such subdivision or site plan approval as specified in Articles
V,
VI and
X of this chapter if an applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, literal enforcement of one or more of said requirements is impracticable or will exact undue hardship; however, any exception granted by the Planning Board must be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
This chapter may be amended from time to time
by the Township Committee after the appropriate referrals, notices,
hearings and other requirements of law.
[Added 8-16-2021 by Ord. No. O-10-2021]
A. Permit required. The issuance of a zoning permit shall be required
prior to, and as a condition precedent to, the commencement of any
of the following:
(1)
Any use, change of use, change of occupancy, change of owner
and/or extension of a nonconforming use of lands and premises within
the Township of Mantua.
(2)
The installation, construction, alteration, repair, remodeling
or conversion of any building, structure, or any portion thereof on
any lands and premises within the Township of Mantua.
(3)
The removal, demolition or destruction of any building or structure.
(4)
The moving of a building or structure of whatsoever kind or
nature, or any portion thereof, into or within the Township for storage,
location, relocation, placement or erection on any lands and premises
within the Township of Mantua. It shall be unlawful for any person
to commence any of the foregoing without first having obtained a zoning
permit therefor.
(5)
Replacement or repair of existing structure (involving no additional
square footage added or enclosure of the same).
B. Prior approval for construction permit. The issuance of a zoning
permit shall be a required prior approval and condition precedent
to the issuance, by the Construction Code Official, of a construction
permit for the installation, construction, alteration, repair, remodeling,
removal or destruction of any building, structure or portion thereof.
(1)
All zoning permit applications shall contain information of
all existing and proposed uses of the lot, premises, and such other
information as may be requested by the Zoning Officer and reasonably
necessary for said official to ascertain whether the proposed use,
change of use, erection, construction or alteration complies with
the provisions of this chapter. Applications shall be fully completed
and signed by the applicant or owner. The applicant shall certify
as to the truth of the information submitted in the application and
accompanying documents so that any willful misstatements shall be
considered a violation of this provision and subject the offender
to the penalties provided herein.
(2)
All applications submitted to the Zoning Officer shall be numbered
in sequence. Upon receipt, the Zoning Officer shall date each copy,
maintain the original in the Township file and issue a copy to the
applicant.
C. Application for zoning permit. Applications for zoning permits shall
be made, in writing, on forms provided by the Township of Mantua.
The application shall be valid for 30 days from submission. The following
information is required with a zoning permit application:
(1)
Completed required application forms, identifying the existing
or prior use and the specific proposed use on the lands and premises
for which application is made and the number of families the building
is designated to accommodate, if applicable.
(2)
Signed application by the property owner of which the improvement
will be constructed upon, or an original letter from the authorizing
applicant to submit a zoning permit application for subject property.
(3)
Three scaled copies of a survey and/or plot plan showing all
existing and proposed buildings, structures, and/or improvements identifying
all proposed front, rear and side yard setback distances, dimensions,
height, depth, number of trees removed, exact size and location of
all buildings and other structures, if any, and the location and dimensions
of proposed buildings and other structures or alterations, and any
other specific information unique to the property. Any wetlands and/or
streams on site should be identified.
(4)
Any other information deemed necessary by the Zoning Officer
directly related, or reasonably relevant, to the permit.
D. Issuance of zoning permit.
(1)
Application review time line; permit content; notice of denial
reasons.
(a)
An application for a zoning permit shall be granted or denied
by the Zoning Officer within 10 business days of the date of filing
a complete application. If any application is granted or approved,
a signed permit shall be issued by the Zoning Officer. Said permit
shall be numbered in sequence, dated and signed by the issuing officer,
and among other information, shall contain:
[1] A brief description of the use and/or work to be
commenced or performed thereunder;
[2] The block and lot number and address of the property
on which the use or work is to be commenced or performed;
[3] The names of the applicant and owner to whom the
permit is to be issued;
[4] Notice of the date of expiration of the permit
and notice that the use or work must be commenced, performed and completed
in accordance with the application upon which the permit is issued;
and
[5] All applicable approvals, laws, ordinances, rules,
and regulations of the federal, state and local governments, boards,
agencies or authorities.
(b)
If an application for permit is denied or rejected by the Zoning
Officer, she or he shall state the reason or reasons for such denial,
in writing, and provide the applicant with a copy of same.
(2)
A zoning permit shall not be issued by the Zoning Officer in
the following circumstances:
(a)
For any use, change of use, extension of a nonconforming use,
installation, construction, alteration or moving of a building or
structure, or any activity that does not comply with or conform to
the terms, provisions and regulations of this chapter, statute or
the order of decisions of a planning board, zoning board, or court
of competent jurisdiction.
(b)
For any use, change of use, extension of nonconforming use,
installation, repair, remodeling, conversion, removal, destruction,
replacement, relocation, construction, alteration or moving of a building
or structure that an approval has been granted by the applicable board
if said approval has expired, been revoked or determined to be invalid.
(c)
Instances wherein subdivision or site plan approval is required,
unless and until final subdivision or site plan approval has been
secured and compliance with all the terms and conditions of such approval,
resolution, terms and provisions of the applicable development regulation,
including payment of required fees, escrow deposits and posting of
guarantees.
(d)
If taxes or assessments for local improvements are due or delinquent
on the property for which a zoning permit application is made, submission
of proof that no taxes or assessment for local improvements are due
or delinquent shall be required as a condition precedent to the issuance
of a zoning permit.
(3)
Appropriate required fees, including as required in Chapter
230, Attachment 1, of the Mantua Township Code, shall be submitted upon approval.
(4)
Subsequent building permits from the Construction Department
and additional permits from the Engineering Department, and/or a preconstruction
meeting may be required.
E. Expiration of permits. A zoning permit shall be valid or effective
for one year from the date of issuance thereof and shall thereafter
be null and void. If the use, change of use, extension of nonconforming
use, erection, construction, repair remodeling, conversion, removal,
destruction or moving, alteration, or relocation of a building or
structure authorized by such permit shall have been substantially
commenced within one year from the date of issuance and proceeded
with due diligence, the Zoning Officer may extend the zoning permit.
F. Exemptions.
(1)
Existing residential structures. Notwithstanding any provision in this chapter to the contrary and except as provided in §
230-95.1F(3) (below), no zoning permit shall be required for the following work on existing residential structures:
(a)
Installation, replacement or repair of siding (involving no
additional square footage added to structure).
(b)
Replacement or repair of existing roof or existing roof shingles
(involving no additional square footage added to structure).
(c)
Installation, replacement or repair of windows.
(d)
Replacement or repair of existing steps (involving no increase
in size of steps, width or length).
(e)
Replacement or repair of existing sewer or septic lines. If
this involves curbs, sidewalks, or streets, a permit shall be secured
from the Department of Engineering.
(f)
Service upgrades, repair, or replacements of panels, meter sockets, and related internal electrical work, not involving multimeter devices, or condition or provisions of §
230-95.1F(3).
(g)
Interior renovation, provided that such work does not involve a condition or change of use as indicated in §
230-95.1F(3).
(2)
Handicapped exemptions. A zoning permit fee shall not be required
for the construction, reconstruction, alteration, improvement or repair
of a structure used for the sole purpose to promote accessibility
by the handicapped, "handicapped" being defined under N.J.S.A. 52:27D-126e.
(a)
Upon application for and at the discretion of the Zoning Officer,
the construction, reconstruction, alteration, improvement and/or installation
of ramps, lifts, etc., associated with the accessibility of handicapped
persons may be permitted to infringe upon setback requirements of
residential property when it has been established to the Zoning Officer's
satisfaction that no other feasible means of accessibility is available.
(b)
Before granting the application that contains an infringement
upon a setback requirement, the following conditions must be met:
[1] Just cause must be shown to the Zoning Officer
why accessibility cannot be met under the current Zoning Code;
[2] The requested infringement shall not exceed any
further than the minimum building requirements of the current N.J.A.C.
5:23-7, Barrier Free Subcode, and subsequent amendments or additions
thereto;
[3] The applicant, owner, or occupant with owner permission
shall agree, in writing, to remove said ramp, lift, or other structure
from the infringement area upon the death of the handicapped person,
the relocation of the handicapped person, sale or rental of the property
to a nonhandicapped person or in the event that the disability no
longer exists.
(3)
Exemption restrictions. There shall be no exception from the
requirement of a zoning permit for existing residential structures
if the work involves any one or more of the following:
(a)
Change in the front, rear or side yard setback;
(b)
An increase in lot coverage;
(c)
A change of use that increases the number of dwelling units;
(d)
A change that results in the need for a variance or exception;
(e)
An expansion of a nonconforming use; and
(f)
Structural changes, addition of square footage to the structure
or roof or the enclosure of an existing open porch or patio.
(4)
Certification statement. No exception shall be granted unless
the applicant fully completes, signs, and files a certification statement
of work form provided by the Construction Code Official.
G. Relationship to construction permits. Nothing herein shall be construed
to obviate the requirement for applying for and obtaining a required
construction permit, ROW permit, tree removal permit, or other applicable
required approvals.
H. Nonwaiver. In no case shall the issuance or nonissuance of a zoning
permit be construed as a waiver of the provision of this chapter or
any other ordinance of the Township of Mantua, nor shall such be construed
as a waiver of the terms or provisions of any state statute, rule,
regulation.