The organization and procedures of the Zoning Board of Adjustment and the Planning Board shall be prescribed in Article II.
A.
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 Building Inspector. Such certificate shall be issued upon application by the owner, prospective occupant or purchaser only after the Building Inspector determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of this chapter, the Building Code and other codes and ordinances affecting construction and occupancy. Notwithstanding these provisions, applicants must comply with the requirements of Chapter 125, Construction Codes, Uniform, of the Code of the Township of Marlboro for the issuance of a certificate of occupancy or a certificate of continued occupancy.
[Amended 2-2-2012 by Ord. No. 2012-3]
(2)
No certificate of occupancy shall be issued
without the approval of the Zoning Officer as to the compliance with
the zoning ordinances as well as any other ordinances enforced by
the Zoning Officer.
[Added 7-14-1988 by Ord. No. 31-88]
(3)
A temporary certificate of occupancy may be
issued for any structure or use for which site plan approval has been
secured but not all conditions of approval have been complied with.
The Planning Board shall approve the issuance and terms of any temporary
certificate of occupancy.
B.
Existing uses.
(1)
Existing at time of passage of chapter. Upon
written request from the owner, tenant, occupant or purchaser under
contract, the Building Inspector, after inspection, shall issue an
occupancy permit for a use legally existing at the time of passage
of this chapter, certifying the extent and kind of use and whether
any such existing use conforms to the provisions of this chapter.
(2)
Nonconforming uses. No change or extension of
use and no alterations shall be made in a nonconforming structure,
use or premises without an occupancy permit having first been issued
by the Building Inspector, stating that such change, extension or
alteration is in conformity with the provisions of this chapter or
that same has been permitted by the action of the Board of Adjustment.
C.
Change of use.
(1)
Whenever there occurs a change in the use of
a building, structure or land, a new occupancy permit shall be applied
for to ensure compliance with all applicable codes and ordinances.
(2)
For the purposes of this section, "change in
use" shall be broadly construed and shall, for example, include substitution
of one type of retail trade use for another and of a particular industrial
manufacturing use for another. A certificate of occupancy shall be
obtained for each and every change of commercial or industrial occupancy.
The Building Inspector may issue such certificate if he determines
that the requirements of this chapter and of any other applicable
federal, state, county or municipal rules, laws or regulations concerning
the proposed occupancy do not differ from those of the previous occupancy.
D.
Scope of certificate of occupancy. The certificate
of occupancy shall contain sufficient information as to the extent
and kind of use or uses such that any future investigation of the
premises would disclose the extent to which a use was altered. It
shall also indicate whether such use is a permitted or nonconforming
use and the extent to which the use does not conform to the provisions
of this chapter.
E.
Improvement requirements. No certificate of occupancy
shall be issued for any use or building involving the installation
of utilities or street improvements, parking areas, buffer areas,
storm drainage facilities, the alteration of the existing grade on
a lot or the utilization of a new on-site well or sanitary disposal
system unless the Township Engineer or Marlboro Township Municipal
Utilities Authority[1] shall have certified, where applicable, to the following:
(1)
Utilities and drainage. All utilities, including
but not limited to water, gas, storm drains, sanitary sewers, electric
lines and telephone lines, shall have been properly installed and
service to the lot, building or use from such utilities shall be available.
(2)
Grading of streets. All streets necessary to
provide access shall have been graded and all slope-retaining devices
or slope planting shall have been installed.
(3)
Sidewalks. All sidewalks necessary to provide
access shall have been properly installed.
(4)
Curbing, parking areas and streets. Curbing,
complete parking areas and the bituminous course for bituminous concrete
streets or the curbing and pavement course for portland cement concrete
streets necessary to provide access to the proposed lot, building
or use shall have been properly installed.
(5)
Roadway obstructions. All exposed obstructions
in bituminous concrete streets, such as manhole frames, water boxes,
gas boxes and the like, shall be protected by building to the top
of such exposures with bituminous concrete as directed by the Township
Engineer.
(6)
Buffer areas and grading of lots. The lot shall
have been fully graded and all plantings and required buffer areas
or fences shall have been provided in accordance with the requirements
of an approved site plan or preliminary plat, if any, or as required
by the Township Engineer, to permit proper surface drainage and prevent
erosion of the soils.
(7)
On-site wells. All on-site wells have been installed,
tested and approved by the County Board of Health.
(8)
On-site sanitary disposal systems. All on-site
sanitary disposal systems shall have been installed and approved by
the County Division of Health.
(9)
Public water supply. Where the proposed lot,
building or use is served by a public water supply, said supply shall
have been installed and tested and all required fire hydrants or fire
connections shall have been installed and tested.
(10)
Street signs and traffic control devices. All
street signs and/or traffic control devices, including all pavement
markings affecting the proposed lot, building or use and required
under the terms of site plan approval or tentative approval of a preliminary
plat or by federal, state, county or municipal rules, regulations
or laws shall have been installed.
[Amended 3-4-2021 by Ord. No. 2021-8]
(11)
All fencing, including those required around or on all stormwater
facilities or structures, retaining walls, property lines as required
by approved plans, and around all trash disposal containers shall
be completely installed prior to the first certificate of occupancy
for a residential dwelling or unit, or prior to the first certificate
of occupancy for a nonresidential building in the development.
[Added 3-4-2021 by Ord. No. 2021-8]
(12)
All retaining walls shall be completely constructed. For each retaining
wall over 2 1/2 feet at its highest point, a certification from
a licensed professional engineer regarding the soundness and stability
of the wall construction is required.
[Added 3-4-2021 by Ord. No. 2021-8]
F.
Grading and clearing permit.
(1)
Before the erection of any structure, removal
of any tree having a caliper greater than six inches or the alteration
of the existing grade on a lot, a permit shall be obtained from the
Building Inspector. Grading plans shall be approved by the Township
Engineer before any changes in surface grades are begun or a grading
and clearing permit is issued. All grades shall be subject to final
check by the Township Engineer. If a building permit or special use
permit is also required, there shall be no fee required for a grading
and clearing permit. No permit shall be required for the removal by
a homeowner of up to nine trees determined to be dead or diseased.
If a building permit or special use permit is not required, a fee
of $20 per acre or fraction thereof shall be charged for the issuance
of a grading and clearing permit.
[Amended 8-17-1989 by Ord. No. 42-89; 12-15-1994 by Ord. No.
35-94]
(2)
If the area involved in the application for
the permit equals two acres or more or if the application involves
the removal of 10 trees or more, having a caliper greater than six
inches, prior to the granting of said permit, the Planning Board shall
determine that the grading and clearing and the removal of trees is
essential to the development of the premises, pertains to a use that
is permitted under the chapter and complies in all other respects
to the chapter. Such a determination must precede the submittal of
the permit for grading and clearing and for removal of trees. Any
applicant who shall require such a determination by the Planning Board
shall submit the preliminary map substantially in compliance with
the requirements necessary in connection with a site plan application.
(3)
The permit fee pursuant to § 220-126F(2) shall be in the amount of $100 minimum for less than 1,000 square feet of land disturbance, and $100 per each additional 1,000 square feet disturbance. In addition to the permit fee, the application shall be subject to the escrow requirements of § 220-16.
[Added 8-17-1989 by Ord. No. 42-89;
amended 2-17-2011 by Ord. No. 2011-1; 2-25-2016 by Ord. No. 2016-4; 12-18-2018 by Ord. No. 2018-22]
(a)
The retaining wall review/inspection fee shall be $100 per 50 linear
feet or part of wall.
(4)
Tree removal in accordance with this section
shall also comply with all municipal requirements for tree replacement.
[Added 8-17-1989 by Ord. No. 42-89]
It shall be the duty of the Building Inspector
to keep a record of all applications for zoning permits, a record
of all permits issued and a record of all certificates of occupancy
which he countersigns, together with a notation of all special conditions
involved. He shall file and safely keep copies of all plans submitted,
and the same shall form a part of the records of his office and shall
be available for the use of the officials of the Township of Marlboro.
The Building Inspector shall prepare a monthly report for the Township
Council summarizing for the period since the last report all zoning
permits and certificates countersigned by him and all complaints of
violations and the action taken by him consequent thereon. A copy
of such report shall be filed with the Township Tax Assessor at the
same time it is filed with the Township Council.
In the application and interpretation of this
chapter, all provisions hereof shall be held to be minimum standards
or requirements adopted for the promotion of public health, safety,
convenience and general welfare of the Township of Marlboro. Whenever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations or ordinances, the
most restrictive or that imposing the higher standards shall govern.
All ordinances and all provisions thereof inconsistent
with the provisions of this chapter are hereby repealed, except that
any building permit, variance, special exception permit, occupancy
permit or other permit validly issued pursuant to any such ordinance
shall remain valid and effective and shall continue to be governed
by the terms and conditions of such ordinance.
For each and every violation of the provisions
of the zoning regulations of this chapter, the owner, contractor or
other persons interested as lessee, tenant or otherwise in any building,
premises or land where such violation has been committed or shall
exist shall be subject to a fine of not more than $500 or imprisonment
for a period not to exceed 90 days, or both, at the discretion of
the court before whom a conviction may be had. Each and every day
that such violation continues or exists shall be considered a separate
and specific violation of these provisions and not as a continuing
offense. In addition, the Township, the Building Inspector or any
property owner or owners shall have such other remedies as provided
by law.
All amendments to this chapter and to the Zoning
Map which forms a part hereof shall be adopted in accordance with
the provisions of New Jersey Statutes Annotated, Title 40, Chapter
55, as amended and supplemented.
