The Construction Official is hereby given the
duty, power and authority to enforce the provisions of this chapter.
He shall be responsible for the examination of all applications for
permits and the issuance of permits for the construction, alteration,
enlargement and occupancy of all uses which are in accordance with
the requirements of this chapter and all nonconforming uses existing
at the time of passage of this chapter. The Construction Official
shall also be responsible for recording and filing all applications
for permits with accompanying plans and documents and shall make such
reports to the Board of Adjustment, the Planning Board and the Township
Committee as may be required.
A.
Purpose. To ensure compliance with the provisions
of this chapter, no person shall erect, alter or convert any structure
or building or part thereof, nor alter the use of any land, until
a proper permit has been issued by the Construction Official.
B.
Application for permits. All such applications shall
be made in accordance with the provisions of the State Building Code.
C.
Issuance of permits. It shall be the duty of the Construction
Official to issue the proper permit, provided that he is satisfied
that the structure, building, sign, parking area, proposed use and
other requirements are in compliance with this chapter and all other
applicable codes and ordinances of the Township of Morris or other
governmental units having jurisdiction over the subject matter, and
that all other reviews and actions, if any, called for in said codes
or in this chapter have been complied with and all necessary approvals
secured therefor. All construction permits shall be issued in duplicate,
and one copy shall be kept conspicuously on the premises affected
and shall be protected from the weather whenever construction work
is being performed thereon. No owner, contractor, workman or other
person shall perform any building operations of any kind, including
site preparation of any kind, including clearing of trees and excavation,
unless a construction permit covering such operation has been displayed
as required by this chapter, nor shall construction operations of
any kind be performed after notification of the revocation of said
permit.
D.
Denial of permits. When the Construction Official
is not satisfied that the applicant's proposed development will meet
the requirements of this chapter or other codes and ordinances, he
shall refuse to issue a construction permit and shall so notify the
applicant, in writing, giving the reasons for denial.
E.
Revocation of permits. If it shall appear, at any
time, to the Construction Official that the application or accompanying
plan is in any respect false or misleading, or that work is being
done upon the premises differing from that called for in the application
filed with him under existing laws or ordinances, he may forthwith
revoke the construction permit, whereupon it shall be the duty of
the person holding the same to surrender it and all copies thereof
to said Construction Official. After the construction permit has been
revoked, the Construction Official may, in his discretion, before
issuing the new construction permit, require the applicant to file
an indemnity bond in favor of the Township of Morris with sufficient
surety conditioned for compliance with this chapter and all laws and
ordinances then in force and in a sum sufficient to cover the cost
of removing the building or structure if it does not so comply.
F.
Expiration of permits. Except as provided elsewhere,
if a permit has not been acted upon by the commencement of construction
within two years from the date of issuance, said permit and all rights
created thereby shall expire.
A.
For new uses.
(1)
No building, structure or land shall be occupied or
used until such time as a certificate of occupancy is issued by the
Construction Official, and no building hereafter enlarged, extended
or altered, wholly or in part, so as to change its use classification
shall be occupied or used in whole or in part until such time as a
certificate of occupancy is issued by the Construction Official.
(2)
Such certificate shall be issued upon application
by the owner, prospective occupant or purchaser only after the Construction
Official determines that the facts represented on the application
are correct and that the building, structure or use is in conformance
with all of the provisions of this chapter and other codes and ordinances
affecting construction and occupancy.
(3)
Said certificate shall be issued by the Construction
Official to the owner or his agent within 10 days after written application
if all conditions under this section are complied with.
(4)
A certificate of occupancy shall not be issued until
the Construction Official receives written confirmation from any or
all of the following that all applicable codes and ordinances administered
and enforced by the following have been complied with:
B.
For existing uses.[1]
(1)
Upon written request from the owner, tenant, occupant
or purchaser under contract, the Construction Official, after inspection,
shall issue any certificate of occupancy for a use legally existing
at the time this chapter is made effective, certifying the extent
and kind of use and whether any such existing use conforms to the
provisions of this chapter.
(2)
No change or extension of use and no alterations shall
be made in a nonconforming use or premises without a certificate of
occupancy having first been issued by the Construction Official stating
that such change, extension or alteration is in conformity with the
provisions of this chapter or that same has been permitted by action
of the Board of Adjustment or the Township Committee.
C.
Change of use. No owner, tenant or other person shall
use or occupy any building or structure, the use of which shall be
changed after the passage of this chapter, without first procuring
a certificate of occupancy, provided that a certificate of occupancy,
once granted, shall continue in effect as long as there is no change
of use or change of occupancy in a nonconforming use.[2]
D.
Temporary certificate of occupancy. A temporary certificate
of occupancy may be issued for any structure or use for which site
plan approval has been secured but for which all conditions have not
been complied with. The Construction Official shall approve the issuance
and terms of any temporary certificate of occupancy, including the
right to revoke any certificate of occupancy where all conditions
are not met.
E.
Certificate of occupancy records. A record of all
certificates shall be kept on file in the office of the Construction
Official.
A.
Complaints of violations. Any person may file a complaint
if there is any reason to believe a violation of this chapter exists.
All such complaints must be in writing and shall be filed with the
Construction Official or Zoning Officer, who shall properly record
such complaint and immediately investigate.
B.
Procedures for abatement of violations.
(1)
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained or any building,
structure or land is used in violation of this chapter or of any ordinance
or regulation made under authority conferred hereby, the Township
Committee of the Township of Morris or, with its approval, the Construction
Official or other proper official, in addition to other remedies,
may institute any appropriate legal action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure
or land or to prevent any illegal act, conduct, business or use about
such premises.
(2)
A violation of any of the terms of this chapter shall
be abated within a reasonable time as may be determined by the Construction
Official or Zoning Officer, after written notice has been served either
by mail or personal service.
C.
Penalties. Any person, firm or corporation violating
any provision of this chapter, where no other penalty is provided,
shall, upon conviction, be punished by a fine not to exceed $500 or
by imprisonment in the county jail for a term not to exceed 90 days,
or both, in the discretion of the Municipal Court. Each day that a
violation occurs or is committed shall constitute a separate offense.
The following fees are required for application,
inspection and administration and shall be paid in cash, certified
check or money order payable to the Township of Morris as follows:
A.
Construction Official fees. Construction Official
fees shall be paid at the office of the Construction Official upon
filing of an application for a construction permit or a certificate
of occupancy in accordance with the provisions of the State Uniform
Construction Code.
In the interpretation and the application of
the provisions of this chapter, they shall be held to be the minimum
requirements for the promotion of the health, safety, morals and general
welfare. It is not intended to interfere with or abrogate or annual
other rules, regulations or ordinances, provided that where this chapter
imposes greater restrictions upon the use of buildings or premises,
or upon the height or bulk of a building, or requires larger open
spaces or imposes higher performance standards, the provisions of
this chapter shall apply.
If any section, subsection, sentence, clause
or phrase of this chapter or the location of any zone boundary shown
on the Zoning Map that forms a part hereof is for any reason held
by a court of competent jurisdiction to he invalid, such a decision
shall not affect the validity of the remaining portions of this chapter
or Zoning Map.
All ordinances and parts of ordinances inconsistent
herewith are hereby repealed to the extent of such inconsistency.
This chapter shall take effect immediately upon
publication and final passage thereof as provided for by law.
[Added 4-17-2002 by Ord. No. 7-02]
A.
Variance in connection with site plan or subdivision
approval.
(1)
Any variance granted pursuant to N.J.S.A. 40:55D-70c
or d in connection with a site plan or subdivision approval shall
expire when the protections afforded to the site plan or subdivision
approval expire under the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., unless:
(a)
Prior to such expiration, construction of the
approved building, structure, addition or alteration has substantially
commenced pursuant to a validly issued building permit; and
(b)
A certificate of occupancy issues and the approved
use commences within 18 months after the date on which the building
permit issued.
(2)
If no building, structure, addition or alteration
is proposed, the variance shall expire if the approved use has not
commenced by the date that the protections afforded to the site plan
or subdivision approval expire under the Municipal Land Use Law.
(3)
Protections under the Municipal Land Use Law
shall not be deemed to expire if they are validly extended pursuant
to the Municipal Land Use Law.
B.
Variances for one- or two-family dwellings.
(1)
Any variance granted pursuant to N.J.S.A. 40:55D-70c
or d for a one- or two-family dwelling shall expire 18 months after
the date of adoption of the resolution approving the variance unless:
(a)
Prior to the end of the eighteen-month period,
construction of the approved building, structure, addition, or alteration
has substantially commenced pursuant to a validly issued building
permit; and
(b)
A certificate of occupancy issues and the approved
use commences within 18 months after the date on which the building
permit issued.
(2)
If no building, structure, addition or alteration
is proposed, the variance shall expire if the approved use has not
been commenced within 18 months after the date of adoption of the
resolution approving the variance.
C.
Determination of substantial commencement of construction.
In the event of a dispute as to whether any construction has substantially
commenced under this section, the Zoning Officer or Construction Official
may refer the matter to the board that granted the underlying approval
for a determination.
D.
Extension of time periods. The board that approved
any variance may extend the time periods under this section for good
cause shown.
