Borough of Riverdale, NJ Article IX Enforcement

§ 149-43 Enforcement authority; requirements.

A. The administrative officer, Construction Official, the Zoning Officer and the Borough Engineer are hereby given the duty, power and authority to respectively enforce the provisions of this chapter under their separate powers and authority as provided by law. They shall examine all applications under their jurisdiction and shall approve all permits and other approvals as required by law and shall make all required inspections to ensure compliance with this chapter and all other Borough, county, state and federal laws, where applicable.

B. All proposed improvements or development indicated on the approved site plans or subdivision plats shall meet the requirements of all applicable codes, ordinances and specifications of the Borough, county, state or federal governments and other agencies with jurisdiction over matters pertaining to development.

C. It shall be the joint responsibility of the administrative officer, Construction Official, the Zoning Officer and the Borough Engineer to enforce their respective rules and regulations to ensure compliance with the site plan or subdivision approval and other specified conditions as may be imposed on the development.

D. All land and structures shall be developed and/or used in conformity with the terms and conditions of site plan or subdivision approval. No change from the terms of site plan or subdivision approval shall be permitted except as approved by the approving authority.

E. For the purpose of administering and enforcing this chapter, any member of the Council or the Mayor and any authorized officer, agent or employee of the Borough shall have the right, consistent with law, to enter into and upon lands to examine and inspect such lands.

F. Any development and/or use at any time not in conformity with the terms and conditions of site plan or subdivision approval shall be grounds for the revocation of any construction permit, building permit or certificate of occupancy, as the case may be.

G. The party in violation of the terms and conditions of site plan or subdivision approval shall be notified of such violation by certified mail, return receipt requested, by the Construction Official, Zoning Officer or Borough Engineer; the party in violation shall have a period not to exceed 10 days to comply with the terms and conditions of site plan or subdivision approval. In the event compliance is not fully made within the aforesaid period of time, site plan or subdivision approval shall be deemed revoked and any permit or certification issued by any municipal body, agency or officer shall be deemed revoked.

H. Upon receipt of the aforementioned notice of violation, the party shall have five days to file a written objection to the notice with the approving authority. Within a period not to exceed 45 days, the approving authority shall thereupon hold a hearing on the matter of the violation. During the pendency of appeal to the approving authority, neither the site plan or subdivision approval nor any other permits or certification issued by any municipal body, agency or officer shall be revoked.

I. In the event that the approving authority affirms the decision of the municipal body, agency or officer who charged the violation, the party in violation shall have a period not to exceed 10 days to comply with the terms and conditions of site plan or subdivision approval.

§ 149-44 Construction permits.

A. Applicability.

(1) No person shall construct, excavate or prepare for site improvements associated with a site plan or subdivision granted approval by the approving authority unless or until a construction permit first has been obtained.

(2) No developer or landowner shall cause, allow or permit any construction, excavation or preparation for site improvements in or upon such land unless or until a construction permit first has been obtained.

(3) The construction permit shall not be assignable or transferable.

B. Application and contents.

(1) Application.

(a) All applications filed for issuance of a construction permit are hereby referred to the administrative officer.

(b) The administrative officer shall forward a copy of the application to the Borough Engineer to make a report recommending the issuance or denial of such permit.

(2) Contents. Applications for construction permits shall be made on forms prescribed and supplied by the administrative officer. The applicant shall provide, in duplicate, the following:

(a) Application form.

(b) Required fees.

(c) Approved and executed site plan or subdivision plat.

(d) Construction sequence schedule.

(e) Listing of contractors, equipment and manpower to be utilized for the construction process.

(f) Approved soil mining permit, where applicable.

(g) Certified and approved soil erosion and sediment control plan (N.J.S.A. 4:24-39).

(h) Approved stream encroachment permit, where applicable.

(i) Approved permit from the United States Army Corps of Engineers, where applicable.

(j) Evidence of all other approvals which may be required by other governmental agencies.

C. Report and recommendations.

(1) The Borough Engineer shall review submitted documents.

(2) After review, a conference shall be arranged between the Borough Engineer and applicant to discuss the submitted documents, general sequencing of the activities, intended construction procedures and methods and timing of the activities.

D. Factors governing consideration.

(1) The Borough Engineer shall then prepare a written report and recommendations for the administrative officer.

(2) All required approvals and permits shall be previously obtained and be consistent with the approved site plan or subdivision and approving authority resolution of approval.

(3) The construction sequence schedule must be of sufficient detail to establish:

(a) Estimated starting date.

(b) Sequence of major construction items with anticipated time for completion.

(c) Estimated completion date.

(d) Period when ground shall be disturbed, replanting schedules and materials to be utilized.

(4) Contractors, manpower and equipment should be detailed for all work items.

(5) Removal of trees shall be governed by the Tree Removal Ordinance of the Borough of Riverdale.[1]

[1] Editor's Note: See Ch. 157, Tree Removal.

(6) Soil erosion and sediment control shall be governed by the Soil Erosion and Sediment Control Ordinance of the Borough of Riverdale.[2]

[2] Editor's Note: See Ch. 140, Soil Removal.

E. Inspection.

(1) For the purpose of administering and enforcing this construction permit, any member of the Council or Mayor and any authorized officer, agent or employee of the Borough shall have the right to enter into and upon any lands in or upon which a construction permit has been issued to examine and inspect such lands.

(2) The Borough Engineer shall receive 72 hours' prior written notification and be present for inspection at the following periods of construction:

(a) Layout of facilities prior to any clearing or tree removal.

(b) Installations of all buried utilities, including storm drainage, water piping facilities and sanitary sewerage facilities.

(c) Backfilling of all buried utilities.

(d) Installation of all curbing.

(e) Installation of roadway subbase course, base course and surface course.

(f) Installation of all cast-in-place concrete structures.

(g) Testing and start-up of all mechanical equipment or systems associated with storm drainage, water or sewerage facilities.

(h) Installation of monuments.

§ 149-45 Building permits.

A. No building permit shall be issued for any building or structure associated with a site plan or subdivision granted approval by the approving authority unless or until a construction permit has first been obtained.

B. The procedure and requirement for issuance of a building permit shall be as specified in the Uniform Construction Code of the Borough of Riverdale and the Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 85, Construction Codes, Uniform, and Ch. 168, Zoning.

§ 149-46 Certificates of occupancy.

A. No certificates of occupancy shall be issued by the Construction Official unless the development application is fully in conformance with all rules and regulations of the Borough.

B. All street signs, street trees and monuments shall be installed prior to the issuance of the first certificate of occupancy, where applicable.

§ 149-47 Off-street parking areas.

A. Nonavailability. At any time that the required off-street parking facilities cease to be available as required, the certificate of occupancy for the building or buildings built in conjunction with such parking areas shall be canceled and become null and void.

B. Use. No service of any kind shall be extended to the vehicle occupying such off-street parking facilities except for emergency purposes.

C. Maintenance.

(1) Every parcel of land used as a public or private off-street parking or loading area shall be maintained in good condition, free of hazards and deterioration. All pavement areas, sidewalks, curbs, drainage facilities, lighting, bumpers, guardrails, signs, directional arrows, parking space demarcations, traffic control devices, landscaping and other improvements shall be maintained in workable, safe and good condition.

(2) All traffic markers, traffic signs, traffic signals and traffic control devices shall be constructed, erected, delineated and maintained in accordance with standards, regulations and requirements set forth in the Manual on Uniform Traffic Control Devices prepared by the United States Department of Transportation, Federal Highway Administration (1971), as amended.

§ 149-48 On-tract and off-tract improvements.

A. As-built plans.

(1) Prior to the final release of any performance bond as provided in Articles XI and XII herein, five copies of as-built plans, showing all utilities in exact location and elevation as installed, shall be submitted to the administrative officer.

(2) The as-built plans shall be in conformance with the following:

(a) Prepared on a plat sized 24 inches wide by 36 inches long, unless another size is specifically approved by the Borough Engineer.

(b) Scale shall be the same as on the approved preliminary subdivision plat, but in no case less than one inch equals 50 feet.

(c) The following information shall be clearly shown:

[1] Roadways and curbing.

[2] Sanitary sewer mains, house connections, manholes and appurtenances.

[3] Water distribution mains, house connections and appurtenances.

[4] Gas distribution mains and house connections.

[5] Underground electrical, telephone or other cable installations.

[6] Stormwater collection facilities, including piping and all structures.

(d) All utilities shall be accurately located with dimensions from edge of curb or other easily referenced data base. Sanitary sewerage facilities (including house connections) may be located by stationing from manholes. All changes in direction of utilities shall be located by three dimensions from significant locatable surface features. Depth to utilities shall be noted at all house connections, changes in direction and at distances along utility lines no greater than one-hundred-foot spacing.

(3) The administrative officer shall distribute the copies as follows:

(a) Borough Clerk.

(b) Borough Engineer.

(c) Borough Water Engineer.

(d) Public Works Department.

B. Performance guaranty. Prior to the release of any performance guaranty in Articles XI and XII herein, all curb top cuts which do not provide ingress and egress to a driveway shall be replaced.

C. Maintenance guaranty. Where a maintenance guaranty is posted, the developer shall maintain and repair, where necessary, all improvements on a regular basis until the maintenance guaranty is released by the Borough as further provided in § 149-59 herein.

D. Inspection fees. The municipality shall be reimbursed for all reasonable inspection fees paid to the Borough Engineer for inspection of improvements as provided in Articles XI and XII herein.

§ 149-49 Construction.

A. Prior to construction, existing trees to remain shall be tagged, either individually and/or delineating a cluster and/or limits of clearing, for inspection by the Borough Engineer to assure conformance with approved development plans and the Tree Removal Ordinance of the Borough of Riverdale.[1]

[1] Editor's Note: See Ch. 157, Tree Removal.

B. Existing trees to remain shall be preserved by not varying the grade around the trees by more than 12 inches, by construction of tree wells and/or by erecting protective fences.

C. Restorative measures shall be applied to any trees damaged during or after construction.

D. In no event shall the existing natural vegetative ground cover be destroyed, removed or disturbed more than 15 days prior to excavation or construction of required improvements.

E. All structures, land treatment practices and reestablishment of vegetative cover shall be in accordance with Standards and Specifications for Soil Erosion and Sediment Control in New Jersey, adopted by the New Jersey State Conservation Committee.

F. Maintenance for all nonvegetative stormwater control measures shall include at least weekly inspection and an inspection after each storm event. Whenever possible, the development shall be examined during a storm to ascertain whether the existing control measures are functioning properly and to ascertain whether additional control measures shall be required.