A.
Hereafter, no land shall be used or occupied and no
building or structure shall be erected, altered, used or occupied
except in conformity with the regulations herein established for the
district in which such land, building or structure is located.
B.
In cases of mixed occupancy, the regulations for each
use shall apply to the portion of the building or land so used.
A.
Appointment and qualifications. The provisions of
this chapter shall be administered and enforced by the Zoning Officer
with the aid of the governing body and other municipal agencies. The
Zoning Officer shall be appointed and compensated by the governing
body and shall not hold any elective office in the municipality.
B.
It shall be the duty of the Zoning Officer and he
or she shall have the power to:
(1)
Receive and examine all applications for zoning and
other development permits.
(2)
Process zoning permit applications for all uses as enumerated in Article V as permitted within the applicable districts. Where required, applications shall be forwarded to the Planning Board, Building Inspector, Borough Engineer and Board of Adjustment for approval or disapproval.
(3)
Review applications for zoning and other development
permits for erection or alterations of structures or changes of use
in order to determine whether such construction or use is in accordance
with general requirements of this chapter, all other applicable ordinances
and the laws and regulations of the State of New Jersey. Permits for
construction of uses requiring a use variance shall be issued only
upon order of the Board of Adjustment. Permits requiring conditional
approval by the Planning Board shall be issued only after receipt
of approval from the Planning Board.
(4)
Conduct inspections and surveys of uses, structures,
lots and signs to determine compliance or noncompliance with the terms
of this chapter. In carrying out such surveys, the Zoning Officer
or his or her representative may enter upon any land but shall in
all cases notify the property owner or other party in possession,
in advance, of his or her intention to enter any dwelling house, unless
he or she shall first have secured a search warrant.
(5)
Issue stop, cease and desist orders; and order, in
writing, correction of all conditions found to be in violation of
the provisions of all applicable municipal ordinances. Such written
orders shall be served personally or by certified mail upon persons,
firms or corporations deemed by the Zoning Officer to be violating
terms of this chapter. It shall be unlawful for any person to violate
any such order issued lawfully by the Zoning Officer, and any person
violating any such order shall be guilty of a violation of this chapter.
(6)
With the approval of the governing body or when directed
by them, institute in the name of the municipality any appropriate
action or proceedings to prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance, occupancy
or use of any building, structure or land in order to restrain, correct
or abate such violation, so as to prevent such occupancy or use of
any building, structure or land or to prevent any illegal act, conduct,
business or use in or about such premises.
(7)
With the approval of the governing body or when directed
by them, institute in the name of the municipality a citation for
a violation of this chapter before the municipal judge.
(8)
Revoke any order or zoning or development permit issued
under a mistake of fact or contrary to the law or the provisions of
this chapter.
(9)
Record and file in the municipal building all applications
for zoning and other development permits with accompanying plans and
documents. All applications, plans and documents shall be public record.
(10)
Maintain a map showing the current zoning classification
of all land which shall be posted at the municipal building.
(11)
Maintain a map and register showing the registration,
identity, location and type of all nonconforming uses and structures,
which shall be posted at the municipal building.
(12)
Be available to testify in all proceedings before
the Board of Adjustment; present facts and information to assist the
Board in reaching a decision.
(13)
Keep a record of all plans and applications
for permits and all permits issued, with notations as to special conditions
attached thereto.
A.
Use permits.
(1)
Requirement of use permits. It shall be unlawful for
any person to make any use of any building, farming unit or other
structure or land until a use permit has been duly issued therefor.
Use permits shall be required prior to any of the following:
(a)
Use of any building or other structure hereinafter
erected, altered or enlarged for which a building permit or frontage
improvement plan is required;
(b)
Change in use in any building or structure;
(c)
Use of land or change in the use thereof, except
that the planting of vacant land under cultivation shall not require
a use or occupancy permit;
(d)
Change in the use or expansion of a nonconforming
use.
(2)
Applications for use permits. All applications for
use permits shall be made to the Zoning Officer, in writing, on forms
furnished by the municipality and shall include all information necessary
to enable the Zoning Officer to ascertain compliance with this chapter.
Whenever the use of a premises involves a new building or structure
or alterations to an existing structure, application for a use permit
shall be made prior to application of a building permit. When no construction
or alteration is involved, application for a use permit and an occupancy
permit may be made simultaneously at any time prior to the use or
occupancy of the structure or land.
(3)
Issuance of use permits. No use permits shall be issued
until the Zoning Officer has certified that the proposed use of land
or existing or proposed building or structure complies with the provisions
of the applicable district and other provisions of this chapter. Issuance
of a use permit does not permit occupancy; an occupancy permit is
also required.
B.
Building permits.
(1)
Requirement of building permits.
(a)
Building without a permit unlawful. A building
permit shall be required prior to the erection, alteration or enlargement
of any building, other structure or portion thereof. It shall be unlawful
for any person to commence work for the erection, alteration or enlargement
of any building, structure or portion thereof until a permit has been
duly issued therefor.
(b)
Nonresidential farm buildings. A nonresidential
farm building requires an application for a building permit. However,
if a nonresidential farm building is to be placed more than 150 feet
from any road or property line, if the proposed construction is found
by the municipality to be outside the floodplain and if a permit has
been applied for, no building requirements other than yard requirements
need be complied with.
(2)
Application for building permits. All applications
for building permits shall be made to the Building Inspector, in writing,
on a form furnished by the municipality and shall be accompanied by
a plot plan drawn accurately showing the exact size and location of
any buildings or other structures existing on the lot in question
or upon abutting land within 50 feet of the side and rear lines of
such lot and the lines within which the proposed building or other
structures shall be erected, altered or enlarged. There shall in addition
be included with all applications such other plans, documents and
information as may be necessary to enable the Building Inspector to
ascertain compliance with this chapter, the Building Code and all
other pertinent ordinances.
(3)
Issuance of building permits. No building permit shall
be issued until the Building Inspector has certified that the proposed
building, structure, alteration or enlargement complies with the provisions
of this chapter and other applicable codes and ordinances. No building
permit shall be issued for a single-family residential dwelling served
by a well until a numbered well permit has been obtained from the
New Jersey Department of Environmental Protection. Upon completion
of the erection, alteration or enlargement of any building, structure
or portion thereof, authorized by any building permit obtained in
compliance with this chapter and prior to occupancy, the holder of
such permit shall notify the Building Inspector of such completion.
Until the Inspector completes his or her inspection and approval,
the building will not be considered complete and the Zoning Officer
will not inspect for occupancy, as hereinafter provided.
C.
Occupancy permits.
(1)
Requirement of occupancy permits. It shall be unlawful
for any person to occupy any building, farming unit or other structure
or land under any of the conditions listed below until an occupancy
permit has been duly issued therefor. Occupancy permits shall be required
prior to any of the following:
(a)
Occupancy of any building or other structure
hereinafter erected, altered or enlarged for which a building permit
is required.
(b)
Change in use of any building or structure.
(c)
Use of land or change in the use thereof, except
that the placing of vacant land under cultivation shall not require
an occupancy permit.
(d)
Change in the use or expansion of a nonconforming
use.
(2)
Application for occupancy permits. All applications
for occupancy permits shall be made to the Zoning Officer, in writing,
on forms furnished by the municipality and shall include all information
necessary to enable the Zoning Officer to ascertain compliance with
this chapter. When use of premises involves a new building or structure,
application for a use permit, then a building permit shall be made
prior to application for an occupancy permit. When no alteration or
construction is involved, application for a use permit and an occupancy
permit may be made simultaneously at any time.
(3)
Issuance of occupancy permits. No land or building
or structure erected pursuant to obtaining a use permit and/or building
permit shall be occupied until inspected and certified as to compliance
with all zoning, erosion and sedimentation control, final grading,
construction, safety and sanitary ordinances, codes and regulations
and until an occupancy permit has been issued by the Zoning Officer.
Prior to, and as a condition of, the issuance of an occupancy permit
for new residential construction, the Zoning Officer shall require
that all easements shown on the final subdivision plan for the property
in question are recorded against the property. No occupancy permit
shall be issued for a single-family residential dwelling served by
a well unless the well is certified to produce six gallons per minute
over a three-hour period by the well driller.
(4)
Issuance of temporary occupancy permits. A temporary
use or occupancy permit may be granted for a period not to exceed
90 days prior to completion of construction, provided that all structural
work is completed, all permits relating to sewage and water have been
obtained and filed with the municipality and all permit fees have
been paid, and provided further that the person seeking the temporary
use and occupancy permit posts with the municipality pursuant to an
escrow agreement, in a form satisfactory to the Borough Attorney,
sufficient funds to complete the construction, grading, etc.
The fees for each permit shall be in accordance
with the permit fee schedule adopted by resolution by the municipality
where the permit application is made.
The issuance of any development permit or certificate
of occupancy may be conditioned upon the express approval of appropriate
state, county or municipal agencies.
Any permit or certificate of occupancy may be
suspended or revoked by the Zoning Officer if he or she shall determine
that the development is being undertaken, used or occupied in violation
of the permit or certificate, and the suspension or revocation may
be rescinded by the Zoning Officer upon correction of the violation.
Such suspension or revocation shall be in addition to other remedies.
A.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which approval is required by the chapter, such person shall be subject to a penalty as provided in § 104-94.[1]
B.
In addition to the foregoing, the municipality may
institute and maintain a civil action for injunctive relief and to
set aside and invalidate any conveyance made pursuant to such a contract
of sale if a certificate of compliance has not been issued. Any such
action must be brought within two years after the date of the recording
of the instrument of transfer, sale or conveyance of said land, or
within six years if unrecorded.
A.
The prospective purchaser, prospective mortgagee or
any other person interested in any land which forms part of a subdivision
may apply, in writing, to the Municipal Clerk for the issuance of
a certificate certifying whether or not such subdivision has been
approved by the Planning Board. Such application shall contain a diagram
showing the location and dimensions of the land to be covered by the
certificate and the name of the owner thereof.
B.
The Municipal Clerk shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his or her office.
C.
Each such certificate shall be designated a "certificate
as to approval of subdivision of land" and shall certify:
(2)
Whether the subdivision, as it relates to the land
shown in said application, has been approved by the Planning Board,
and, if so, stating the date of such approval and any extensions and
terms thereof and that the subdivision of which the lands are a part
is a validly existing subdivision; and
(3)
Whether such subdivision, if the same has not been
approved, is statutorily exempt from the requirement of approval as
provided in this chapter.
D.
The Municipal Clerk shall be entitled to demand and
receive for such certificate issued by him or her a reasonable fee
not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The
fees so collected by such officer shall be paid by him or her to the
municipality.
A.
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provisions of § 104-89.
B.
If the Municipal Clerk fails to issue any such certificate within 15 days after the receipt of the application and fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action by the municipality pursuant to § 104-89.
In case any development is undertaken, occupied
or used in violation of this chapter or any rule, regulation or order
made under the authority of this chapter or in case such violation
is threatened, the Zoning Officer, in his or her own official behalf
or on behalf of the municipality or any municipal agency or any interested
party, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such violation or to restrain, correct
or abate such violation or to prevent any illegal act, conduct, business,
occupancy or use in or about the premises that are subject of the
development; provided that no such action or proceeding shall be instituted
by the Zoning Officer in any court other than the Municipal Court,
except in case of emergency, unless the governing body shall first
have authorized the same.
The Zoning Officer or his or her representative
shall have the right to enter any premises at any reasonable time
for the purpose of making inspections in the course of his or her
duties, or, as permitted by law, to investigate violations of this
chapter.
A.
Except as otherwise provided in § 104-89, any person who shall violate any provision of this chapter or any rule, regulation or order made under the authority of the Municipal Land Use Law[2] shall be liable for a fine not exceeding $1,000 and/or
to imprisonment for a term not exceeding 90 days, and/or to community
service for a term not exceeding 90 days, and, in cases of continuing
violations, each day that such violations continue shall be deemed
a separate offense. Any complaint to impose such penalty may be filed
in Municipal Court on behalf of the state by the Zoning Officer, any
municipal police officer or any interested party.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Penalties relating to soil erosion are as set forth
in Section 15 of Chapter 251, Soil Erosion and Sedimentation Control
Act of 1975 (N.J.S.A. 4:24-53)
In case any building, structure or land is or
is proposed to be erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter, the governing body
or, with the approval of the governing body, the Zoning Officer may
institute in the name of the municipality, in addition to other remedies,
any appropriate action or proceeding to prevent, restrain, correct
or abate such building, structure or land or to prevent in or about
such premises any act, conduct, business or use constituting a violation.
