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 City of Camden. Any action taken
by the appropriate municipal agency, under the terms of this article,
shall give primary consideration to the above-mentioned matters and
to the welfare of the entire community. However, if the applicant,
owner or 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 one or more exceptions as
may be reasonable and within the general purpose and intent of the
rules, regulations, prior approvals, and standards established by
this chapter. Such administrative waivers or adjustments shall be
granted only with the policy guidelines therefore established by Planning
Board or Zoning Board of Adjustment or other municipal authority.
Provisions of this article are supplementary to and to be applied
consistent with the provisions of the State Uniform Construction Code
(N.J.S.A. 52:27D-119 et seq. and the regulations thereunder). It is
not the intention of this article to regulate the performance of the
Construction Code Official or any subcode official with respect to
provisions for the issuance of revocation of any construction permit,
certificate of occupancy, certificate of continued occupancy, temporary
certificate of occupancy or certificate of approval, except as provided
for in such statute and regulations and in the MLUL.
Application shall be made for the issuance of a zoning permit
by the Zoning Officer/Administrative Officer, on forms available for
that purpose and payment of the fee if required. Upon filing of a
complete zoning compliance form, and payment of any required fee,
the Zoning Officer/Administrative Officer shall act on the application
within 10 days.
Prior to the issuance of any certificate of occupancy by the
Construction Code Official, with respect to construction pursuant
to a site plan and/or subdivision approval, the City Engineer shall
submit a report to the Construction Code Official stating that the
necessary improvements needed to serve the premises offered for occupancy
have been installed and inspected, as follows:
A. Curbs, walks, handicapped ramps and driveway aprons.
C. Water supply for potable use and fire protection and sewerage conveyance
and treatment facilities serving the property in question.
D. Storm drainage and detention facilities.
E. Base course of the street or streets serving the property.
F. Base course of driveways and parking areas.
G. Street names and traffic regulatory signs, traffic striping and markings.
H. Approved lot grading as demonstrated by an as-built grading plan.
I. Street and/or site lighting.
J. Topsoiled, seeded and stabilized lawn areas.
K. Buffer plantings, street trees and landscaping improvements.
L. Site-specific signage, if any.
M. Basement drainage and/or sump pump systems, if required.
N. With respect to any individual residential lot within a subdivision,
a certificate of occupancy shall be issued only upon the completion
of the above improvements, to the extent that the same are required
as part of a subdivision or site plan approval or as required by the
City Engineer for an individual residential lot or dwelling unit.
In all cases, the lot must be finished in accordance with an approved
lot grading plan. The City Engineer shall submit a favorable report
to the Construction Code Official for the individual residential dwelling
unit prior to the issuance of a certificate of occupancy by the Construction
Code Official.
O. No approval shall be issued for the framing of any modification or
alteration of existing construction where that modification or alteration
exceeds 500 square feet or for any new construction until certification
has been provided over the seal of a licensed land surveyor that the
finished floor elevation of the first floor is at the elevation set
forth in the approved plans.
P. The following shall be unlawful until a certificate of occupancy
is issued by the Construction Code Official:
(1)
Occupancy, use, or a building erected, constructed, restored,
altered, or moved, or any changes in use of an existing building.
(2)
Occupancy, use, or change in use of vacant land.
(3)
Any change in the use of a nonconforming use.
(4)
Occupancy and use of any enlargement to an existing structure.
This article shall be enforced by the Zoning Officer/Administrative
Officer or his designees.
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 article,
the City 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 article shall
be construed to restrict the right of any party to obtain a review
by any court of competent jurisdiction according to law. It shall
also be a violation of this article for any person to violate or attempt
to vary from the terms and conditions of any development approval,
including the violation of any resolution of memorialization or violation
of the provisions, standards or details of any signed map or approved
site plan and all plans and details supporting the same.
A. Fines. Any violation hereunder shall be considered an offense punishable
by a fine not to exceed $1,000 for each offense or imprisonment for
a term not exceeding 90 days or both. The following rules shall apply
in determining responsibility for violations and penalties:
(1)
The owner, general agent, contractor or occupant of a building,
premises or part thereof where such a violation has been committed
or does exist shall be guilty of such an offense.
(2)
Any agent, contractor, architect, engineer, builder, corporation
or other person who commits, takes part or assists in such violation
shall be guilty of such an offense.
(3)
Each day that a violation continues after notification that
it exists shall constitute a separate offense.
(4)
The imposition of a fine or imprisonment as punishment for a
violation of any provision of this chapter shall not preclude the
City or any other person from instituting an action to prevent an
unlawful construction, reconstruction, alteration, repair, conversion,
or use or to restrain correct or abate a violation, or to prevent
the illegal occupancy of a building, land or premises.
B. Selling land before final subdivision approval.
(1)
If, before final subdivision 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 article, except
pursuant to an agreement expressly conditioned on final subdivision
approval, such person shall be subject to a penalty not to exceed
$1,000, and each lot disposition so made may be deemed a separate
violation.
(2)
In addition to the foregoing, the City may institute and maintain
a civil action:
(b)
To set aside and invalidate any conveyance made pursuant to
such a contract or sale, if a certificate of compliance has not been
issued in accordance with N.J.S.A. 40:55D-56.
(c)
Where a shoreline lot owner violates the buffer corridor cutting
restrictions, the Zoning Officer/Administrative Officer shall require
native trees/vegetation of reasonable diameter in size to be planted
so as to create a buffer strip area which is in compliance with that
section. A vegetative recommendation can be made by the Environmental
Advisory Committee, the Landscape Architect designated by the Division
of Planning and Zoning, or the County Soil Conservation District,
if requested by the Zoning Officer/Administrative Officer. This provision
shall be in addition to any and all penalties provided by law.
The Planning Board, when acting upon applications for preliminary or minor subdivision approval or upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for such subdivision or site plan approval as specified in Article
XXIX,
XXXI and
XXXI, 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 the requirements is impracticable or will exact undue hardship; however, any exception granted by the Planning Board must be reasonable and within the general purpose and intent of the rules, regulations and standards established by this article. The Zoning Board of Adjustment shall have the power to grant such exception where acting upon applications for preliminary or minor subdivision approval or for preliminary site plan approval in connection with applications for a use or "D" variance.