These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Township. Any action taken by the
Township under the terms of this chapter shall give primary consideration
to the above-mentioned matters and to the welfare of the entire community.
Moreover, if an applicant or his agent can clearly demonstrate that,
because of peculiar conditions pertaining to his land, the literal
enforcement of one or more of these regulations is impracticable or
will exact undue hardship, the appropriate municipal agency may permit
such exception or exceptions as may be reasonable and within the general
purpose and intent of the rules, regulations and standards established
by this chapter.
A.
Construction Official and administrative officer. It shall be the
duty of the Construction Official and administrative officer of the
Township to administer and enforce the provisions of this chapter.
No structure shall be erected until a construction permit is obtained
from the Construction Official, and no structure or lot shall be used
in violation of this chapter. It shall be the duty of the Construction
Official to keep a record of all applications and all construction
permits which are either issued or denied, with notations of any conditions
involved, which data shall form a part of the Township public records.
A monthly report of construction permits issued shall be filed with
the Tax Assessor. It shall be the duty of the administrative officer
to inspect the structures and land in the Township and order the owner,
in writing, to remedy any condition found to exist in violation of
any provision(s) of this chapter.
B.
Construction permits. Every application for a construction permit
shall be accompanied by three sets of plans drawn in ink or a blueprint
showing the actual shape and dimensions of the lot to be built upon;
the exact location, size and height of all existing and proposed structure(s);
the existing or intended use of each structure; the number of dwelling
units the structure is designed to accommodate; the number and location
of off-street parking spaces and off-street loading areas; and such
other information with regard to the lot and neighboring lots as may
be necessary to determine and provide for the enforcement of this
chapter. A construction permit shall be granted or denied within 20
business days from the date of a complete application, unless additional
time is agreed upon in writing by the applicant. One copy of such
plans shall be returned to the owner when such plans shall have been
approved or denied by the Construction Official, together with such
permit as may be granted. All dimensions shown on these plans relating
to the location and size of the lot to be built upon shall be based
on an actual survey of the lot by a licensed land surveyor in the
State of New Jersey. The lot and the location of the structure(s)
thereon shall be staked out on the grounds before construction is
started. No construction permit shall be issued for any structure
until prior site plan, subdivision and variance approvals, as may
be necessary, have been granted by the appropriate municipal agency
or municipal agencies in accordance with the provisions of this chapter.
C.
Certificate of occupancy.
(1)
It shall be unlawful to use or permit the use of any structure
or part(s) thereof, either occupied by a new use or occupant or hereafter
erected, altered, converted or enlarged wholly or in part, until a
certificate of occupancy shall have been issued by the Construction
Official. It shall be the duty of the Construction Official to issue
a certificate of occupancy only when he is satisfied that the structure
or part(s) thereof and the proposed use conform to this chapter and
all other applicable codes and ordinances of the Township.
(2)
A certificate of occupancy shall be granted or denied in writing
within 10 business days from the date that a written notification
is filed with the Construction Official that the erection of the structure
is completed, unless additional time is agreed upon by the applicant
in writing.
(3)
Should the Construction Official decline to issue a certificate
of occupancy, his reason for doing so shall be so stated on two copies
of the application, and one copy shall be returned to the applicant.
(4)
Upon notice being served of any condition found to exist in
violation of any provision(s) of this chapter with respect to any
land use, the certificate of occupancy for such use shall thereupon,
without further notice, be null and void, and a new certificate of
occupancy shall be required for any further use of such structure
or land.
(5)
A monthly report of the certificates of occupancy issued shall
be filed with the Tax Assessor. A record of all certificates of occupancy
shall be kept in the office of the Construction Official, and copies
shall be furnished on request to any person having a proprietary or
tenancy interest in the structure or land affected. The charge for
each copy shall be established by resolution of the governing body,
except that there shall be no charge to a municipal agency.
A.
In case any building or structure is erected, constructed, reconstructed,
altered, moved or converted or any building, structure or land is
used in violation of or contrary to the provisions of this chapter,
the Township may institute an action to enjoin or any other appropriate
action or proceeding to prevent such erection, construction, reconstruction,
alteration, conversion or use. However, nothing in this chapter shall
be construed to restrict the right of any party to obtain a review
by any court of competent jurisdiction according to law.
B.
The Construction Official shall investigate any purported violation
of performance standards and, if there is reasonable ground for the
same, shall notify the administrative officer of the occurrence or
existence of a probable violation. The administrative officer shall
investigate the alleged violation. If the administrative officer finds
that a violation occurred or exists, such violation shall be terminated
as provided hereinbelow.
C.
The services of any qualified expert employed by the administrative
officer to advise in establishing a violation shall be paid by the
violator, if said violation is established, and otherwise by the Township.
D.
All violations, as ascertained in accordance with the above, shall
be terminated within a reasonable time, as determined by the administrative
officer. Failure to so terminate by the date fixed by the administrative
officer shall subject the responsible party to the penalty provisions
of this chapter. In addition, the Construction Official may revoke
the occupancy permit of the violator, and the Township may seek such
other relief as may be appropriate. Uses established before the effective
date of this chapter and nonconforming as to performance standards
shall be given a reasonable time in which to conform, as determined
by the administrative officer.
A.
Fines.
(1)
Any person, firm or corporation that shall violate any provisions
of this chapter shall, upon conviction thereof by any court authorized
by law to hear and determine the matter, be fined such sum not less
than $100 nor more than $2,000 as such court, in its discretion, may
impose; or if the party so convicted is a natural person, such person
may be imprisoned for such term not exceeding 90 days as such court,
in its discretion, may impose; or such natural person may be both
imprisoned and fined not exceeding the maximum limits set forth herein
as such court, in its discretion, may impose. Each day that such violation
exists shall constitute a separate offense.
[Amended 6-1-2021 by Ord. No. 21-028]
(2)
The owner of any building or structure, lot or land or part
thereof and/or the tenant or occupant of any building or structure,
lot or land or part thereof, where anything in violation of this chapter
shall be placed or shall exist or be suffered, allowed or permitted
to exist, and any architect, builder, developer, contractor, agent,
person or corporation engaged in connection therewith and who assists
in the commission of any such violation, shall each be guilty of a
separate violation and, upon conviction thereof, shall each be liable
to the fine or imprisonment, or both, specified above.
B.
Selling land before final subdivision approval.
(1)
If before final subdivision approval has been granted any person,
as owner or agent, transfers or sells or agrees to transfer or sell
any land which forms a part of a subdivision for which municipal approval
is required in accordance with the provisions of this chapter, except
pursuant to an agreement expressly conditioned on final subdivision
approval, such person shall be subject to a penalty not less than
$100 nor more than $2,000, and each lot disposition so made may be
deemed a separate violation.
[Amended 6-1-2021 by Ord. No. 21-028]
(3)
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land from which the
subdivision was made that remains in the possession of the subdivider
or his assigns or successors, to secure the return of any deposit
made or purchase price paid, and also a reasonable search fee, survey
expense and title closing expense, if any. 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.[1]
