All provisions of this chapter shall be enforced
by the Construction Official of the City of Somers Point. In no case
shall a building permit be issued for construction or alteration of
a use or any building, where such construction or alteration would
be in violation of any provision of this chapter. The Construction
Official shall be authorized to grant permits where provisions of
this chapter have been complied with, to make inspections and to examine
plans and specifications. The Construction Official shall keep careful
and comprehensive records of all applications, permits issued, inspections
made and notices issued. The City Tax Assessor shall receive a copy
of all permits.
A.
Permits for major subdivisions. No building permits
shall be issued by the Construction Official for any dwellings, buildings
or structures within a subdivision until final approval has been granted.
Upon application to the Planning Board, up to three building permits
may be issued for model homes in a major subdivision prior to final
approval.
B.
Other permits. No building permits shall be issued
for alteration or construction of buildings or structures, sign construction
or change in use until final site plan approval has been granted as
required in this chapter.
No certificate of occupancy for any dwelling,
building or structure shall be granted by the Construction Official
unless all required improvements have been installed or completed.
Certificates of approval for subdivisions and
site plans shall be issued by the City Clerk upon receipt of a signed
approval plat from the appropriate board.
Applications for all permits and certificates provided in this article shall be made upon the proper form and accompanied by the fee prescribed in Article XXVII.
A.
The following penalties shall be imposed for violation
of the provisions of this chapter.
(1)
Sale before approval. If, before final approval
has been granted, any person transfers, sells or agrees to sell, as
owner or agent, any land which forms a part of a subdivision on which,
by ordinance, the Planning Board is required to act, such person shall
be subject to a fine not to exceed $500 or imprisonment not to exceed
30 days, and each lot or parcel so disposed of shall be deemed a separate
violation.
(2)
Any other violation of the provisions of this
chapter shall be punishable by a fine not to exceed $500 or imprisonment
not to exceed 30 days. Each day that a violation shall continue shall
constitute a separate violation.
B.
Nothing in this article shall be construed to limit
the City of Somers Point's right to institute and maintain a civil
action from seeking active injunctive relief, or to set aside or invalidate
any conveyance made pursuant to a contract of sale.
Where a permit or certificate is denied, the
official responsible shall send promptly to the applicant, at the
address given on the application, a notice of decision setting forth
the reasons for denial.
Building permits shall be issued separately
for each lot and shall lapse one year after issued. Certificates of
occupancy shall be granted or denied within 10 days of application
if all city requirements are complied with in the case of new construction,
within 30 days in the case of alterations and conversions, and within
30 days following Zoning Board approval in the case of nonconforming
uses and variances. Such certificates shall lapse 90 days after issued.
Minor subdivision approval shall expire 190 days from the date of
municipal approval unless, within such time, a plat in conformity
with such approval and meeting provisions of the Map Filing Law, P.L.
1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing
the approved minor subdivision and signed by the Planning Board Chairman
and Secretary is filed by the developer with the county recording
officer, municipal engineer and municipal Tax Assessor. Major subdivision
approval shall expire 95 days from the date of approval, unless within
such time a plat, signed by the Planning Board Chairman and Secretary,
shall have been filed by the developer with the county recording office.
An extension not to exceed 190 days may be granted by the Planning
Board.
[Amended 7-24-1986 by Ord. No. 13-1986]
The Planning Board and Zoning Board of Adjustment
of the City of Somers Point shall enforce the Subdivision, Site Plan
and Zoning Articles of this chapter. In conjunction therewith, said
Boards are hereby granted and shall exercise full authority as may
be delegated to them pursuant to N.J.S.A. 40:55D-1 et seq., or as
the same may be hereafter amended.
Wherever review or approval of an application
by the County Planning Board is required by Section 5 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.3), for submissions, or Section 8 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.6), for site plans, the municipal Boards
(Planning and Zoning) shall condition all approvals upon timely receipt
of a favorable report on the application by the County Planning Board.
[Amended 7-24-1986 by Ord. No. 13-1986]
A.
Appeals to the Zoning Board of Adjustment may be taken
by any interested party affected by a decision of the Zoning Officer
in accordance with the provisions of N.J.S.A. 40:55D-72 and 40:55D-73.
A.
Hearings. Hearings shall be held by the Planning and
Zoning Boards for all developmental applications. Notice of such hearing
in accordance with the public notice requirements listed below shall
be provided for by the applicant/developer/subdivider for all applications
except those for minor subdivisions and conventional site plans and
final subdivision approval if such applications do not require the
Planning Board to exercise its ancillary jurisdiction pursuant to
N.J.S.A. 40:55D-60.
B.
Public notice.
(1)
Public notice shall be given pursuant to N.J.S.A.
40:55D-12. At least 10 days prior to the date of the hearing, a notice
of hearing shall be given, stating the date, time and place of the
hearing and nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's office, and the location
and times at which maps and exhibits for which approval is sought
are available for inspection.
(2)
Such notice shall be given as follows:
(a)
By publication in the official newspaper of
the City of Somers Point.
(b)
To all owners of real property as shown on the
current tax duplicate located within 200 feet in all directions of
the property which is the subject of the hearing, which notice shall
be given by serving a copy thereof on the property owner, as shown
on the current tax duplicate, or his agent in charge of the property
or by mailing a copy thereof by certified mail to the property owner
at his address as shown on said current tax duplicate. It is not required
that a return receipt be obtained. Notice is deemed complete upon
mailing (N.J.S.A. 40:55D-14).
(c)
Notice to a partnership owner may be made by
service upon any partner; notice to a corporate owner may be made
by service upon its president, a vice president, secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation.
(d)
To the Clerk of any adjoining municipality or
municipalities and to the County Planning Board when the property
involved is located within 200 feet of said adjoining municipality
or municipalities, which notice shall be given by personal service
or certified mail.
(e)
To the County Planning Board when the application
for development involves property adjacent to an existing county road
or proposed road shown on the Official County Map or the County Master
Plan or adjoins other county land.
(f)
To the Commissioner of Transportation of the
State of New Jersey when the property abuts a state highway.
(g)
To the Director of the Division of State and
Regional Planning in the Department of Community Affairs when the
hearing involves an application for development of property which
exceeds 150 acres or 500 dwelling units, in which case the notice
shall include a copy of any maps or documents required to be on file
with the Municipal Clerk, pursuant to N.J.S.A. 40:55D-10b.
(3)
Upon written request from the applicant, the
Municipal Tax Collector or his/her designee will provide, for a fee
of $10, a certified list from the current tax duplicate of the names
and addresses of owners to whom the applicant is required to give
notice.
[Amended 2-27-2003 by Ord. No. 3-2003]
C.
Public notice following decisions. All decisions of
the Planning and Zoning Boards shall be provided as follows:
(1)
A copy of the decision shall be mailed to the
applicant, at the address given on the application, within 10 days
of the decision, and a copy shall be mailed to those requesting a
copy. A copy for public inspection shall be placed on file with the
City Clerk.
(2)
A notice of decisions shall be published in
the official newspaper of the City of Somers Point by the applicant.
