No one shall erect, construct, alter, repair, remodel, convert,
remove or destroy any building or structure without first obtaining
a building permit from the construction official except as expressly
provided in these ordinances or by State law. Building permits shall
be issued only upon compliance with all applicable requirements, including
but not limited to any requirements imposed by the municipal planning
board, zoning office, zoning board of adjustment, department of health,
department of public works, and any other municipal, State or Federal
requirement imposed by ordinance, regulation or statute. Where applicable,
a building permit will only be issued after the full width of the
bituminous stabilized base course and all curbs, drainage systems
and utility crossings within the full right-of-way are constructed,
inspected, and approved by the township engineer up to and along the
frontage of the lot on which the building or structure is to be erected.
Builder and/or developer may enter into a developer's agreement, acceptable
to the township engineer and approved by the township committee, which
may modify via a construction phasing plan the requirement that the
aforementioned public improvements be constructed prior to the issuance
of a building permit.
a.
A zoning permit shall be required as a condition precedent to the
commencement or change of a use or the erection, construction, reconstruction,
alteration (except interior alterations which do not affect use),
conversion or installation of a structure or building.
b.
A zoning permit may be obtained for the convenience of the owner
or prospective user of a property to acknowledge that such use, structure
or building complies with the provisions of the Hopewell Township
Land Use and Development Law or variance therefrom which has been
duly authorized by the proper municipal agency.
c.
All requests for zoning permits shall be made to the zoning official
in writing, specifying the lot or building involved, and the proposed
use and such other information as may be required. A zoning permit
shall not confer upon the applicant the right to build, construct
or alter a building, but shall pertain only to the use thereof.
If it shall appear at any time to the zoning officer that any
erection, construction, alteration, repair, or conversion is being
performed upon the premises or any use conducted thereon differing
materially from that permitted by a duly issued zoning permit, he
shall forthwith revoke the zoning permit.
[Ord. #05-1340, § 1]
A certificate of occupancy must be obtained pursuant to the
Uniform Construction Code for all new constructions, reconstructions,
alterations, conversions or installations of a structure or building.
No certificate of occupancy shall be issued until all applicable
requirements of the Uniform Construction Code and the regulations
adopted thereunder, the site plan, subdivision, and plot plan have
been complied with, including all underground utilities, bituminous
stabilized base course for the roadway, and grading within six inches
of approved finished grade which shall be shown on an as-built survey
certified by a New Jersey licensed land surveyor. Said as built grading
survey shall not be a requirement for the issuance of a certificate
of occupancy for the construction of an addition to existing single
family residences when said addition does not exceed 25% of the gross
floor area of the existing structure and does not require any bulk
variance(s).
A certificate of occupancy shall be issued when unfinished site
work, such as parking, landscaping, drainage and lighting, is covered
by a performance guarantee. The performance guarantee shall be posted
with the township committee, in an amount approved by the township
engineer and form approved by the township attorney, to ensure the
completion of the unfinished site work.
[Ord. #05-1340, § 2]
a.
In extraordinary or exceptional situations, where construction or
alterations have been delayed due to weather or other conditions beyond
the owner's control, the construction official may authorize the issuance
of a temporary certificate of occupancy to enable the use and occupancy
during completion. No such temporary permit shall be authorized if
the use of occupancy would constitute a health or safety hazard or
would be detrimental to the public welfare. A temporary certificate
of occupancy must reflect the approximate length of time needed to
complete the work, as determined by the construction official in consultation
with the appropriate subcode officials or with the agency governing
the incomplete approval, as appropriate. A temporary certificate of
occupancy shall not be issued when any of the following items that
are part of a construction project have not yet been provided: health
and life-safety systems; sewer or septic system connection; water
supply connection or well certification; electric utilities connection;
gas utilities connection; New Home Warranty; rooming and boarding
home license; elevation certificate in flood hazard plain; where required,
an accessible route must be provided, although the accessible route
provided under a TCO may be temporary; or emergency vehicle access.
b.
No temporary certificate of occupancy permit shall be authorized
unless a performance guarantee shall be posted with the township committee
in an amount approved by the construction official and form approved
by the township attorney, to insure the completion of all erection,
construction, alteration, repair, or conversion and attendant requirements
for which application has theretofore been made. Such bond may be
waived upon good cause shown, by the township committee.
a.
The temporary use of readily portable construction sheds and construction
trailers may be permitted in any district during the period of, and
in connection with the actual construction of a permanent structure
on the lot upon which such shed or trailer is located as determined
by the zoning officer.
b.
No such shed or trailer shall be used or suffered to be used for
dwelling or living purposes at any time.
c.
The location of any shed or trailer shall conform to the requirements for locating buildings in a flood hazard area (Chapter 12).
d.
Permits for such sheds or trailers shall be issued by the construction
official only for the reasonably anticipated period of the construction
at which they are to be used and shall, in no event, be issued for
more than one year.
e.
Such permits may be renewed by the construction official for periods
not longer than six months, if construction activity is continuing.
f.
Any such shed or trailer shall, in any event, be removed immediately
upon substantial completion of the construction at which it is used.
Where a building permit has been issued to restore, reconstruct
or alter an existing residence made uninhabitable due to a disaster
such as a fire, the construction official may issue a temporary permit
for a temporary living unit which unit shall not be permanently affixed
to either the land or utilities thereon but may be used by the owners
of the property in question as a residence during the reconstruction
of the residence. This permit shall be valid for a period not to exceed
six months and may be extended for one additional period of not more
than six months if the construction official finds that construction
has been diligently pursued and that justifiable circumstances require
such an extension. Such type of living unit shall be situated upon
the land for which the building permit has been issued and be approved
by the construction official and the department of health prior to
occupancy.
a.
For the purpose of this section, temporary activities shall be defined
as sporadic, seasonal or infrequent activities which, because of their
exigent, charitable, or beneficial nature are so required or conducted
that they contribute materially to the health, welfare or economic
advantage of the township and of its citizens.
b.
Temporary activities shall be permitted, provided that the township
committee shall find that the temporary activity requested is such
as to come within the above definition and directs the zoning officer
to issue a temporary activity permit.
c.
Notwithstanding any of the provisions hereinabove set forth, a temporary
activity permit shall be issued for a period not to exceed 14 consecutive
days. Such permits may be renewed by the zoning officer without further
application to the governing body for one additional period of up
to 14 consecutive days. Any such permit shall expire upon the date
specified therein.
d.
The receipt of a temporary activity permit shall create no permanent
right in the applicant nor any right of the applicant to conduct such
activity at any time in the future beyond the time limited by the
terms of such permit, whether by way of estoppel, acquiescence, sufferance
or otherwise.
e.
In the event that any temporary activity is permitted or suffered
to depart from the terms of the permit under which it is purportedly
conducted, the zoning officer shall forthwith revoke the same and
the applicant shall cease all such activities as well as all temporary
activities for which a temporary activity permit was given.
a.
A prospective purchaser, prospective mortgagee, or any other person
interested in any land which forms part of a subdivision, or which
formed part of such a subdivision on or after August 1, 1973, may
apply in writing to the township administrator 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 dimension of the land to be covered by the
certificate and the name of the owner thereof. The township administrator
shall make and issue such certificate within 15 days after the receipt
of such written application and the fees therefor. The administrator
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 office.
b.
Each such certificate shall be designated a "certificate as to approval
of subdivision of land," and shall certify:
1.
That there exists in the township a duly established planning board
and there is an ordinance controlling subdivision of land adopted
under the authority of State law.
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 and any extensions and terms thereof, showing that subdivision
of which the lands are a part is a validly existing subdivision.
3.
Whether such subdivision, if the same has not been approved, is statutorily
exempt from the requirement of approval as provided under the Municipal
Land Use Law.
c.
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 section 17-29c.
d.
If the township administrator fails to issue the same within 15 days after receipt of an application and the 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 which could be prosecuted or maintained by the municipality pursuant to section 17-29c.
[Ord. #528]
In case any building or structure is erected, constructed, altered,
repaired, converted, or maintained, or any buildings, structure or
land is used in violation of these ordinances or other regulations,
the proper authorities of the township or an interested party, in
addition to other remedies, may institute any appropriate action or
proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use, to restrain, correct
or abate such violation, to prevent the occupancy of such building,
structure or land, or to prevent any illegal act, conduct, business
or use in or about such premises.
