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 Bedminster Township. Any action taken by the Township under the terms of this Land Development chapter shall give primary consideration to the above mentioned matters and to the welfare of the entire municipality. However, 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 within or referred to within Article 13-200 and/or Article 13-500 and/or Article 13-800 of this Land Development chapter is impracticable or will exact undue hardship, the appropriate municipal agency may permit exception or exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this Land Development Ordinance.
It shall be the duty of the Township Engineer, the Township
Construction Official and the Township Zoning Officer to administer
and enforce the provisions of this Land Development chapter.
a.
It shall be the duty of the Township Engineer to monitor all land
disturbances and all land improvements undertaken in the Township
pursuant to approval of a sub-division and/or site plan in accordance
with the applicable provisions of this Land Development Ordinance.
b.
Prior to the commencement of any land disturbance or any land improvement,
the developer shall arrange for and attend a preconstruction meeting
with the Town-ship Engineer. At said meeting, the subject subdivision
plat and/or site plan shall be identified, marked and dated by the
Township Engineer with an acknowledgement as to its conformity to
the subdivision and/or site plan approved by the Planning Board or
Zoning Board of Adjustment, as the case may be, including any conditions
of approval written in the approval resolution. Thereafter, the marked
and dated subdivision and/or site plan shall be filed in the office
of the Township Clerk.
c.
The Township Engineer shall issue a written communication to the
developer within 10 days after the pre-construction meeting, either:
1.
Authorizing the commencement of land disturbance and/or land improvement
in accordance with the approved plat or plan, including any conditions
of approval written in the approval resolution, and in accordance
with any and all limitations and/or conditions as deemed appropriate
by the Township Engineer specifically enumerated; or
2.
Denying the commencement of land disturbance and/or land improvement,
with the reasons for such denial specifically enumerated.
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A copy of the written communication shall be immediately filed
in the office of the Township Clerk.
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d.
In accordance with subsection 13-902.4 of this Land Development chapter, all improvements for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Township Engineer. At the time of inspection, in addition to an evaluation and determination of the sufficiency of the engineering aspects of the improvements, the Township Engineer shall evaluate and determine the correctness of the improvements relative to all aspects of the approved subdivision and/or site plan. Should any improvement, whether completed or under construction, be found by the Township Engineer to be contrary to the subdivision and/or site plan as approved by the Planning Board or Zoning Board of Adjustment, including any imposed conditions, such fact shall immediately be orally communicated to the developer or his/her appropriate representative on-site and, thereafter, shall be communicated by the Town-ship Engineer in writing to the developer or his/her attorney. A copy of the written communication shall be immediately filed in the office of the Township Clerk.
e.
On the day following the oral communication to the developer or his/her
representative, the improvement found by the Township Engineer to
be contrary to the subdivision and/or site plan shall be corrected
so as to conform to the approved subdivision and/or site plan, or
the Township Engineer may:
1.
Issue a 'stop work' order pending the correction of said improvement
or the resolution of any dispute; and/or
2.
Refer the matter to the Planning Board or Zoning Board of Adjustment,
as the case may be, for its review of the matter and reconsideration
of its prior approval(s).
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The developer immediately shall comply with any issued 'stop
work' order and/or any other conditions imposed by the Township Engineer.
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[Ord. #89-9, § 2; Ord. #92-27, § 3]
a.
It shall be the duty of the Construction Official to monitor the construction of any building or structure in the Township. No new structure, and no improvement to the interior of any existing structure exceeding $2,000 in cash value shall be undertaken until a construction permit is obtained from the Construction Official in accordance with subsection 13-1002.4 of this Land Development chapter.
b.
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, including
the actual elevation (NGVD) of the lowest floor area of any structure
and/or the elevation to which a structure has been flood-proofed in
floodplain areas, which data shall form a part of the Township public
records. A monthly report of construction permits shall be filed with
the Tax Assessor and the Township Committee.
c.
Should any construction, whether completed or in process, be found
by the Construction Official to be contrary to the approved construction
plans and/or the Uniform Construction Code of the State of New Jersey,
such fact shall immediately be orally communicated to the landowner
or his/her appropriate representative on-site and, thereafter, shall
be communicated by the Construction Official in writing to the landowner
or his/ her attorney. A copy of the written communication shall be
immediately filed in the office of the Township Clerk.
d.
On the day following the oral communication to the landowner or his/her
representative, the construction improvement found by the Construction
Officer to be contrary to the approved construction plans and/or the
Uniform Construction Code shall be corrected so as to conform to the
applicable construction requirements, or the Construction Official
may:
a.
It shall be the duty of the Zoning Officer to inspect the structures,
land and uses in the Township and order the owner in writing to remedy
any condition found to exist in violation of any provision of this
Land Development Ordinance and/or any approved subdivision and/or
site plan by the Planning Board or Zoning Board of Adjustment, as
the case may be, including any conditions of approval written in the
approval re-solution; no structure or land shall be used in violation
of this Land Development chapter and/or any approved subdivision and/or
site plan.
b.
Should any structure, land or use be found by the Zoning Officer
to exist in violation of any provision of this Land Development chapter
and/or any approved sub-division and/or site plan, such fact shall
immediately be orally communicated to the landowner or his/her appropriate
representative on-site and, thereafter, shall be communicated by the
Zoning Officer in writing to the landowner or his/her attorney. A
copy of the written communication shall be immediately filed in the
office of the Township Clerk.
c.
On the day following the oral communication to the landowner or his/her
representative, the structure, land or use found by the Zoning Officer
to exist in violation of any provision of this Land Development Ordinance
and/or any approved subdivision and/or site plan, shall be corrected
so as to conform to this Land Development chapter and any subdivision
and/ or site plan approval, or the Zoning Officer may revoke the certificate
of occupancy.
[Ord. #94-23, § 4]
a.
Every application for a construction permit shall be accompanied by two 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 structures and substructures; all existing easements; a delineation of any and all "critical areas" as defined in Article 13-200 of this chapter; 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 Land Development chapter. All dimensions 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 surveyor in the State of New Jersey.
b.
The fee for each construction permit shall be governed by the terms
of the ordinance entitled "An Ordinance of the Township of Bedminster
in the County of Somerset establishing a State Uniform Construction
Code Enforcing Agency and A Construction Fee Schedule, pursuant to
Chapter 217, Laws of New Jersey 1975 and Title 5, Chapter 23 of the
New Jersey Administrative Code," including any amendments or supplements
which may from time to time be adopted.
c.
A construction permit shall be granted or denied in writing within
10 days 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 have been approved or denied
by the Construction Official together with such permit as may be granted.
d.
The lot and the location of the structure(s) thereon shall be staked
out on the grounds before construction is started and a copy of the
construction permit shall be posted conspicuously on the premises
affected when-ever construction work is being performed thereon.
e.
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 Federal, State, or municipal
agency or agencies in accordance with the provisions of this Land
Development chapter and until all review and inspection fees and all
local taxes and assessments on the property have been paid.
f.
All deck additions and installations shall require a construction
permit. The location of the proposed deck shall be demonstrated to
the Township Construction Code Official, with measurements to be taken
in his or her presence, as conditions precedent to the issuance of
a construction permit.
a.
It shall be unlawful to use or permit the use of any structure or part(s) thereof until a certificate of occupancy shall have been issued by the Construction Official. Any change of use from one category of permitted use to another category of permitted use, in accordance with the applicable listings of permitted uses in Article 13-400 and/or Article 13-600 of this Land Development chapter, shall require a new certificate of occupancy. It shall be the duty of the Construction Official to issue a certificate of occupancy only when:
1.
The structure or part(s) thereof and the proposed use conform to
this Land Development chapter and all other applicable codes and ordinances
of the Township;
2.
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 Land Development
chapter;
3.
All local taxes and assessments on the property have been paid; and
4.
A letter from each utility company has been received by the Township
stating that the utility has been installed and has been inspected
in accordance with the approved plan and is ready for use.
b.
The fee for a certificate of occupancy shall be in the amount of
10% of the new construction permit fee which would be charged by the
department pursuant to these regulations. The minimum fee shall be
$65, except for one or two family (use group R-3 of the building subcode)
structures of less than 5,000 square feet in area and less than thirty
(30') feet in height and/or structures on farms used exclusively for
the storage of food or grain or the sheltering of livestock; in such
cases the minimum fee shall be $35.
c.
A certificate of occupancy shall be granted or denied in writing
within 20 days from the date that a written notification and a certified
location or field survey, signed and sealed by a New Jersey State
Licensed Surveyor, is filed with the Construction Official stipulating
that the erection of the structure is completed, unless additional
time is agreed upon by the applicant in writing.
d.
With respect to any finally approved subdivision and/ or site plan
or subsection thereof, a certificate of occupancy shall be issued
only upon the completion of the following improvements as such improvements
may be required as part of subdivision and/or site plan approval:
1.
Curbs.
2.
All utilities.
3.
Water supply and sewerage treatment facilities, which shall be functioning
and servicing the property in question.
4.
Storm drainage facilities.
5.
Rough grading of the property.
6.
Base course of the street or streets serving the property.
7.
Base course of driveways and parking areas.
e.
With respect to any individual residential lot within a subdivision
or any building containing townhouses or apartments, a certificate
of occupancy shall be issued only upon the completion of the following
improvements, in addition to those listed in subsection 13-1002.3d
hereinabove, to the extent the same are required as part of a subdivision
and/or site plan approval:
f.
A copy of any issued certificate of occupancy shall be kept on file
at the premises affected and shall be shown to the Construction Official
upon request.
g.
Should the Construction Official decline to issue a certificate of
occupancy, his reason for doing so shall be stated on two copies of
the application and one copy shall be returned to the applicant.
h.
A temporary certificate of occupancy may be issued for any new structure
or use for which approval has been granted although not all conditions
of said approval have been complied with. Such temporary certificate
of occupancy shall be issued only in extenuating circumstances and
only with the concurrent written approval of the Township Engineer,
Construction Official and Zoning Officer who, together, shall establish
specific terms and conditions, including, but not limited to, a timetable
not exceeding 60 days for the installation of the uncompleted improvements,
and the receipt of a performance guarantee assuring the installation
of the improvements as indicated on the approved plat or plan.
i.
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 Township except
that there shall be no charge to a municipal agency.
j.
The following shall be prohibited until a certificate of occupancy
is issued by the Construction Official:
a.
A prospective purchaser, prospective mortgagee or any other person
interested in any land in the Township which has been part of a subdivision
since July 14, 1973 may apply in writing to the Administrative Officer
for the issuance of a certificate certifying whether or not such subdivision
has been duly approved by the Planning Board.
b.
Such application shall contain a diagram showing the location and
dimension of the land to be covered by the certificate and the name
of the owner thereof. A fifteen ($15.00) dollar fee shall be paid
to the Administrative Officer, on behalf of the Township, for the
requested certificate.
c.
The Administrative Officer shall make and issue such certificate
within 15 days after receipt of the written application and accompanying
fee. The Administrative Officer shall keep a duplicate copy of each
certificate, consecutively numbered, including a statement of the
fee received, in a binder as a permanent record in his or her office.
d.
Each certificate shall be designated a "Certificate as to Approval
of Subdivision of Land" and shall certify:
1.
Whether there exists a duly established Planning Board and whether
there is a duly adopted ordinance controlling the subdivision of land;
2.
Whether the subdivision, as it relates to the land shown in the application,
has been approved by the Planning Board and, if so, the date of such
approval, any conditions attached to such approval and any extensions
and terms thereof showing that the subdivision, of which the subject
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 requirements of approval as provided in N.J.S.A. 40:55D-1
et seq. and as defined in this Land Development chapter.
[Ord. No. 2010-016]
a.
Any person who shall violate any provision of this Land Management chapter, where no specific penalty is provided, shall, upon conviction thereof, be subject to the penalties provided in Section 1-5 of the Township Code. For the purposes of this chapter, the following individuals and entities shall be subject to potential punishment:
b.
Each day that a violation continues shall constitute a separate offense.
c.
The imposition of penalties herein shall not preclude the Township
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.
[N.J.S.A. 40:55DF-55; Ord. No. 2010-016]
a.
If, before final subdivision has been granted, any per-son, as owner
or agent, transfers or sells or agrees to transfer or sell any land
which forms a part of a sub-division 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 to exceed
$1,000 and each lot disposition so made may be deemed a separate violation.
[Ord. #90-10, § 1; Ord. #91-06, § 1;
Ord. #95-38, § 1; Ord. #2002-02, § 1; Ord. #2001-17,
§ 1; Ord. #2002-39, § 1; Ord.
No. 2008-012, § 1]
a.
It is recognized that it may be in accordance with the purposes of
the Land Development Ordinance of the Township of Bedminster and the
Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.) to permit activities
for a limited period of time, under very specific conditions, which
activities may be prohibited by other provisions of the aforesaid
ordinance, if such uses are of such a nature and are so located that
at the time of petition they would:
1.
Not exert a substantially detrimental effect upon the uses of land
and activities normally permitted in the district in which the activity
is proposed;
2.
Contribute materially to the good and welfare of the Township or
its residents;
3.
Be temporary in nature and not substantially undermine the Township
Master Plan and/or Land Development Ordinances, and
4.
Not substantially intrude into areas under Planning Board or Board
of Adjustment control.
b.
Then, if it finds the above, the Township Committee of the Township
of Bedminster may, in its sole discretion, grant a special use permit
for such activity and no other application or action shall be required
of the petitioner in receipt of such special use permit. The Township
Committee may refer such special use permit request to any agency,
department or board prior to its decision for comment, but the Township
Committee shall not be bound by the same. The Township Committee shall
limit the time period for which the special use permit shall be valid
and shall impose any conditions upon the special use permit which
it deems appropriate.
c.
Either the Township Administrator or the Township Engineer shall
have the authority to require the applicant for a special use permit
to give notice of the application to the owners of all real property,
as shown on the current tax duplicate, within two hundred (200') feet
in all directions of the property which is the subject of such application.
If neither the Township Administrator nor the Township Engineer shall
require the applicant to give such notice, the Township Committee,
nonetheless, reserves the right to require the applicant for a special
use permit to give such notice. If notice shall be required, the notice
shall contain a designation of the property which is the subject of
the application by lot and block and street address and shall contain
a description of what use the applicant is requesting and also at
what meeting the application will be heard (address, date and time
of meeting) and that the recipient of the notice shall have the right
to be heard relative to the application. Notice shall be given by
(1) serving of copy thereof on the property owner as shown on the
said tax duplicate or his agent in charge of the property or (2) mailing
a copy thereof by certified mail (return receipt requested) to the
property owner at the address as shown on the said tax duplicate.
The applicant shall also cause a copy of the aforesaid notice to be
published once at least five business days before the Township Committee
meeting at which the application will be heard.
d.
The applicant for a special use permit shall pay to the Township, at the time the application is filed, a two hundred ($200.00) dollar fee to cover administrative expenses, the same being non-refundable. In addition to the said fee either the Township Administrator or Township Engineer shall have the authority to require an escrow account of up to $750 to be established for the purpose of covering the costs of professional services including engineering, planning, legal and other expenses connected with the review of the application. The escrow will be held and administered in accordance with the provision of Section 13-901, et seq. of the Bedminster Land Development Ordinance and the governing State statutes. If neither the Township Administrator nor the Township Engineer shall require the applicant to post an escrow account fee, the Township Committee, nonetheless, reserves the right to require the applicant for a special use permit to post such escrow account fee.
[Ord. No. 2010-017]
a.
No construction, reconstruction, alteration, conversion or installation
of a structure, building, fence, patio, driveway, or other impervious
surface, establishment of or change of use shall be undertaken unless
and until a zoning permit is obtained from the Zoning Enforcement
Officer. Zoning permits shall hereafter be secured from the Zoning
Officer prior to the issuance of a building permit for the construction,
erection, moving or alteration of a structure, fence or sign or part
of a structure or upon a change in the use as defined by the Uniform
Construction Code.
b.
No zoning permit shall be issued until all delinquent and current
real property taxes or other Township assessments for local improvements
have been paid in full for the property subject to the zoning permit.
c.
Application for zoning permits shall be submitted to the Zoning Enforcement
Officer using the standard form provided by the Zoning Enforcement
Officer. The application shall include the appropriate zoning permit
application fee and two copies of a survey or plot plan. The survey/plot
plan must be drawn to scale and must show the entire property; locations
and uses of all existing structures; any existing wetlands, floodplain,
easements or other restrictions; locations, dimensions and height
of all proposed structures/improvements; proposed setback dimensions
to property lines and adjacent structures; calculations of existing
and proposed lot coverage; and any other information deemed necessary
by the Zoning Enforcement Officer in order to determine compliance
with the provisions of this chapter. For fences, walls, sheds, signs
and other structures, graphic details (e.g. construction plans, sketches,
catalog photo or brochure) must accompany the application.
d.
The fee for all zoning permit applications shall be $30.
