[Adopted 2-3-2009. Amendments noted where applicable.]
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 municipality. Any action taken
by the municipality under the terms of this Ordinance shall give primary
consideration to the above mentioned matters and to the welfare of
the entire community.
It shall be the duty of the Construction Official, and Zoning
Officer of the municipality and the Hazlet Police Department to administer
and enforce the provisions of this Ordinance. No structure or building
improvement shall be erected until a zoning permit is obtained by
the Zoning Officer and a construction permit is obtained from the
Construction Official and no structure or lot shall be used in violation
of this Ordinance. It shall be the duty of the Zoning Officer to keep
a record of all applications and all zoning permits which are either
issued or denied, with notations of any conditions involved, which
data shall form a part of the municipality's public records. A quarterly
report of zoning permits issued shall be filed with the municipal
tax assessor. It shall be the duty of the Zoning Officer to inspect
the structures and land in the municipality and order the owner in
writing to remedy any condition found to exist in violation of any
provision(s) of this Ordinance.
A.
When Required. A zoning permit shall be issued prior to:
1.
The commencement or change of use of a property, building or structure;
2.
The occupancy of any building or structure;
3.
The construction, erection, reconstruction, alteration, conversion,
or installation of any building or structure;
4.
Issuance of a Certificate of Appropriateness, where applicable.
B.
Submission Requirements. Every application for a zoning 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 structures
and substructures, all existing easements, 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 Ordinance.
1.
A zoning permit shall be granted or denied in writing within 10 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 zoning 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 land surveyor licensed in the State of New Jersey.
No zoning 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 board in accordance with the provisions
of this Ordinance and until all review and inspection fees and all
local taxes and assessments on the property have been paid.
C.
Lot Grading and Elevation Plan.
As a condition precedent to the issuance of a new zoning permit, a
proposed grading plan for each individual lot shall be submitted to
the Municipal Engineer for review and approval. The individual grading
plan shall conform to the requirements for plot plans in Hazlet Township's
Engineering Standards. Additionally, a proposed grading plan may be
required for any building addition or swimming pool that would change
existing grades or drainage patterns, or if requested by the Municipal
Engineer.
1.
Grading and drainage requirements prior to the issuance of a certificate
of occupancy. A permit for grading and drainage shall be required
prior to the construction of a single family dwelling, any swimming
pool and any structure or improvement which the Township Engineer,
Construction Official or Zoning Officer has determined may cause an
adverse impact on any adjoining property. Properties covered under
this section are required to obtain said grading and drainage permit
and shall provide the following:
[Amended by Ordinance No. 1334-05].
a.
Plot Plans. Every application for construction of a new residential
dwelling or a new commercial structure shall be accompanied by four
copies of a plan drawn to scale of not greater than one inch equals
10 feet and not less than one inch equals 20 feet 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;
existing easements; existing and intended use of each structure; existing
and proposed driveways, walks, patios, decks 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 ordinance, the construction
code and all other applicable codes and ordinances of the Township.
All information on the plot plan relating to the location and size
of the lot and existing structures and other features on the lot shall
be based on a survey of the lot by a professional land surveyor licensed
in the State of New Jersey. A separate copy of the signed and sealed
survey upon which the plot plan is based, shall also be submitted
with the application.
b.
Soil Logs. Every application for a construction permit as hereinabove
described shall be accompanied by a soil log prepared and certified
by a professional engineer licensed in the State of New Jersey. The
boring or test pit for the soil log shall be located within the area
of proposed new construction or addition and shall be to a depth of
two feet below the proposed basement floor or groundwater elevation,
whichever is less. The plot plan shall show the location of the boring
or test pit and the soil log shall identify the surface elevation
of the boring or test pit, show the various soil types and characteristics,
show the elevation of each change in soil type, the existing groundwater
elevation and an estimate of the seasonal high groundwater elevation.
c.
Lot Grading and Drainage Plan. Every application for a construction
permit for a new structure as hereinabove described shall be accompanied
by four copies of a lot grading and drainage plan prepared and certified
by a professional engineer or an architect licensed in the State of
New Jersey. All information on the plan relating to the location and
size of the existing lot, structures and other features on the lot
and its existing topography shall be based on an actual survey of
the lot prepared by a professional surveyor licensed in the State
of New Jersey. A separate copy of the signed and sealed survey upon
which the lot grading and drainage plan is based shall also be submitted
with the application. The lot grading and drainage plan shall be drawn
at a scale of not greater than one inch equals 10 feet and not less
than one inch equals 20 feet and shall show as a minimum the following:
(i)
The tax map sheet, block and lot numbers, street address, date,
graphic scale, north arrow, name and address of the property owner,
the applicant if other than the owner and the name and address of
the professional who prepared the plan.
(ii)
Existing boundary and topographic information
on the lot and for a distance of 10 feet outside the lot.
(iii)
The location of all proposed construction and
all existing structures on the lot and for a distance of 10 feet outside
the lot.
(iv)
Required zoning setback lines and distances to
all existing and proposed structures.
(v)
Structure dimensions including height of existing and proposed
structures or additions.
(vi)
Existing and proposed contour lines at one foot
intervals plus spot elevations as may be required to adequately show
the existing and proposed grading on the lot and for a distance of
10 feet outside the lot. Existing spot elevations at each lot corner
and existing structure corner. Existing and proposed finished floor
elevations of all existing and proposed structures and structure additions.
Proposed spot elevations at the corner of each proposed structure
or structure addition. Existing top and bottom of curb elevation and
street centerline elevation at twenty-five foot intervals along and
for a distance of 25 feet beyond the lot frontage. All elevations
shall be NGVD29 or NAVD88 datum.
(vii)
Existing and proposed building area and gross
floor area of proposed structures or structure additions and the existing
and proposed lot coverage.
(viii)
Existing and proposed driveway locations, dimensions
and type of driveway surface.
(ix)
Existing and proposed sidewalk and curb location
and type of curb and walk surface.
(x)
Flood zone, wetlands and wetlands buffer lines, if applicable.
(xi)
Location of existing water and sewer lines and
proposed service connections thereto, including size and proposed
materials.
(xii)
Location of existing electric, telephone and
cable television lines and proposed underground service connections
thereto.
(xiii)
A description of the proposed structure (i.e.
ranch, two story colonial, etc.) and whether it is on a slab, crawl
space or basement.
(xiv)
Limits of lot clearing, if applicable, show existing
trees four inches and larger including caliper and species and identify
trees to be removed or remain.
(xv)
Limits of disturbance and soil erosion and sediment
control provisions proposed to mitigate soil erosion of disturbed
areas. The plan should show the topsoil storage area, silt fence locations,
construction vehicle entrance stabilization and provisions for maintaining
and protecting access to the public sidewalk. Where the majority of
the lot will be disturbed, a separate soil erosion plan may be required.
(xvi)
All impervious surface calculations.
(xvii)
Show silt fences and tracking pad.
d.
Required "As Builts". No construction above the foundation shall
commence until "as built" drawings of the foundation, including location
and elevation, are submitted to and approved by the Construction Official.
e.
Final As-Built Plan. Every request for a final inspection and
certificate of occupancy (CO) for a new structure as described herein
shall be accompanied by four copies of an as-built plan signed and
sealed by a professional surveyor licensed in the State of New Jersey.
The as-built plan, together with a copy of the original site grading
and drainage plan, shall be reviewed by the Township Engineer who
shall also conduct an on-site inspection and issue a written report
to the Zoning Officer and Construction Official as to the compliance
of the construction to the approved grading and drainage plan and
make a recommendation as to the issuance of a certificate of occupancy.
In the event the as-built plan does not comply with the requirements
of this section or the construction does not comply with the approved
grading and drainage plan, the Township engineer shall include in
his written report the conditions that must be satisfied prior to
issuance of a certificate of occupancy (CO). The as-built plan shall
include as a minimum the following:
(i)
Property lines and dimensions.
(ii)
Dimensions of all structures and distances of
all structures to the property lines.
(iii)
Final grading plan of the lot and adjacent roadway
including structure corners, lot corners, drainage swales, as well
as final contours and critical spot elevations adequate to clearly
depict the direction of surface runoff.
(iv)
Location and size of dry wells, together with
the leader drains connecting each of the roof leaders to the dry wells.
(v)
Location of all utility services connections including size
of water and sewer connections.
(vi)
Final finish floor elevations including basement
slab elevation and garage slab elevation of all structures and a certification
of the height of the structure.
(vii)
A description of the structure (i.e. ranch, two
story colonial etc.) and whether it is on a slab, crawl space or basement.
(viii)
All surface improvements including walks, decks,
patios, driveways, curbs, landscaping, etc.
(ix)
The final as-built plan shall contain a statement
that the plan includes all required information and that the completed
improvements are in substantial compliance with the grading and drainage
plan reviewed and approved by the Township engineer. One copy of the
approved grading and drainage plan shall be attached to the as-built
plan.
(x)
An accurate calculation of the percentage of "impervious surface"
of the lot.
f.
Lot Grading.
(i)
The lot shall be graded so that the majority of the surface
runoff is retained on the property. In general, lots shall be graded
as follows:
(a)
The minimum slope of an unpaved yard surface shall
be 2% except for well defined swales, which shall have a minimum slope
of 1%.
[Amended by Ordinance No. 1334-05]
(b)
The minimum slope of an unpaved yard surface shall
be 1% except for well defined swales, which shall have a minimum slope
of 1%.
(c)
The maximum slope of an unpaved yard surface shall
be 10% within five feet of a structure.
(d)
The maximum slope for a paved yard surface shall
be 5% except for a driveway, which shall have a maximum slope of 6%.
(ii)
Roof leaders and sump pump drains shall be permitted
to spill at or through the curb of any street in the Township. Roof
leaders and sump pump drains for all new structures shall be piped
directly to dry wells or seepage pits to be installed on the lot if
the soils and the water table are suitable otherwise they should be
routed to discharge at the curb. The dry wells or seepage pits shall
meet the following criteria:
(a)
Each dry well or seepage pit shall provide a minimum
of 75 cubic feet of storage volume exclusive of the perimeter stone.
A minimum of one cubic foot of storage volume exclusive of the perimeter
stone shall be provided for each 12 square feet of roof area tributary
to the dry well.
(b)
The dry wells shall be a minimum of one foot above
the groundwater table and have a minimum of six inches of cover. They
shall be located a minimum of 10 feet from any structure or property
line and shall not be located under an impervious surface.
(c)
The dry well shall be placed on and be surrounded
on the sides by a six inch layer of stone wrapped with a geotextile
material to prevent migration of the backfill material into the stone.
(d)
Overflows to the yard surface shall be provided
at each leader pipe in case of back up of the dry well.
(iii)
Basement floor slabs shall be a minimum of two
feet above the seasonal high groundwater elevation.
g.
Permit Fee and Inspections. Prior to the issuance of a grading
and drainage permit, the applicant shall pay to the Township the sum
of $100 for the permit. Additionally, review and inspection fees shall
be paid to the Township in accordance with the following schedule.
h.
Temporary certificate of occupancy (TCO). If in the opinion
of the Township Engineer, inclement weather prohibits the completion
of the improvements required on the approved grading plan, a temporary
certificate of occupancy (TCO) may be issued by the Construction Official.
The issuance of the TCO shall be conditioned upon the following items:
(i)
The estimated construction cost to complete the improvement
are placed in the Township's escrow account by the contractor or owner.
The estimated cost of the incomplete improvements shall be determined
by the Township Engineer.
(ii)
Proof of receipt of a conditional or permanent
report of compliance from the Monmouth County Soil Conservation District,
where applicable, shall be submitted to the Construction Official.
(iii)
All escrowed improvements shall be completed
and ready for final inspection no later than May 1 next occurring,
unless an extension is granted by the Township Construction Official
and/or Township Engineer.
(iv)
Any lot reinspection fees, in accordance with
this Ordinance, shall be paid by the builder or owner prior to the
conversion of the TCO to a final certificate of occupancy.
i.
Checklist. From time to time the Township shall create and the
applicant shall complete both applications and/or plan submittal checklists.
[Amended by Ordinance No. 1326-05]
D.
Location Plans. Prior to issuance of a zoning permit for any development,
a location plan showing property line offsets shall be submitted to
the Zoning Officer for review. The Zoning Officer and the Municipal
Engineer shall determine if a grading plan is required. If required,
this grading plan shall include the proposed improvement footprint,
proposed ground elevations and contours, sufficient to indicate no
adverse impact to adjoining neighboring properties.
A.
Certificate of Occupancy Required. 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:
1.
The structure or part(s) thereof and the proposed use conform to
this Ordinance and all other applicable codes and ordinances of the
municipality;
2.
Prior site plan, subdivision and variance approvals, as may be necessary,
have been granted by the appropriate board in accordance with the
provisions of this Ordinance;
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 municipality
stating that the utility has been inspected, has been installed in
accordance with the approved plan and is ready for use.
5.
Soil certification:
a.
A soil certification must be obtained from the Municipal Engineer
prior to the issuance of a certificate of occupancy. An as-built plan
of site improvements shall be submitted for review when the soil certification
is requested. The as-built grading plan shall be prepared by a land
surveyor licensed in the State of New Jersey in accordance with the
Engineering Department Standards.
b.
If site conditions do not warrant issuance of a permanent soil
certification, a temporary soil certification may be issued at the
discretion of the Municipal Engineer. If a temporary soil certification
is issued, a bond for permanent stabilization shall be submitted in
accordance with the fee schedule established by the Municipal Engineer.
c.
If stabilization of the soil is not completed in accordance
with a schedule as approved by the Municipal Engineer, the performance
guarantee held to ensure such stabilization shall be forfeited upon
30 days' written notice from the Municipal Engineer and the funds
used to complete the required work.
6.
Zoning Permit. A valid zoning permit must be issued by the Zoning
Officer prior to the issuance of a certificate of occupancy. The applicant
may submit the as-built grading plan mandated in paragraph 5 above
or a location plan indicating the required and constructed yard areas
and other pertinent zoning information as deemed necessary by the
Zoning Officer.
7.
Health Department Approval. Approval of the Health Department shall
be obtained prior to the issuance of a certificate of occupancy in
circumstances where the Department has jurisdiction.
B.
Time for Decision. 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.
C.
Temporary Certificate of Occupancy. A temporary certificate of occupancy
may be issued for any structure or use for which site plan or subdivision
approval has been granted, although not all conditions for such approval
have been complied with. Such temporary certificate of occupancy shall
be issued only in extenuating circumstances and only with the approval
of the Construction Official who shall establish specific terms and
conditions including, but not limited to, a timetable for the installation
of the uncompleted improvements and the receipt of a performance guarantee
assuring the installation if improvements as indicated on the approved
plat or plan, and further that no zoning or construction permit will
be issued for any accessory use or structure when a temporary occupancy
permit has not been finalized by said occupant or builder except in
excessively due hardship cases which involve the welfare, sanitary
or structural requirements of said property or occupants.
D.
Denial Record. Should the Construction Official decline to issue
a certificate of occupancy, the reason for doing so shall be so stated
on two copies of the application and one copy shall be returned to
the application and one retained in the file.
E.
Invalidation. Upon notice being served of any condition found to
exist in violation of any provision(s) of this Ordinance 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. In the event of any unlawful encroachment or reduction of
open space or yard area, the building or structure, as the case may
be, shall be deemed in violation of the provisions of this Ordinance
and the certificate of occupancy for such building or structure shall
be null and void.
F.
Monthly Report. A monthly report of the certificates of occupancy
issued shall be filed with the municipal tax assessor. A record of
all certificates of occupancy shall be kept in the office of the construction
official and copies shall be furnished upon 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.
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 Ordinance,
the municipality may institute an action to enjoin or take any other
appropriate action or proceeding to prevent such erection, construction,
reconstruction, alteration, conversion or use. However, nothing is
this Ordinance shall be construed to restrict the right of any party
to obtain a review by any court of competent jurisdiction according
to law.
A.
Fines.
1.
Any person, firm or corporation that shall violate any provisions
of this Ordinance shall, upon conviction thereof by any court authorized
by law to hear and determine the matter, be fined such sum not exceeding
$1,250, as such court in its discretion may impose; or, if the party
so convicted be a natural person, such person may be imprisoned for
such term not exceeding 90 days, as such court in its discretion may
impose; or be fined a sum not exceeding $1,250, 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.
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 Ordinance
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 Ordinance, 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 municipality may institute and
maintain a civil action:
a.
For injunctive relief; and
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.
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 or her 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 conveyance of said land, or within six years if
unrecorded.
