[Amended 7-14-2020 by Ord. No. 2020-10]
A.
Administration. 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 Borough. Any action taken by the Borough under the terms of this chapter or Chapter 270, Land Development, shall give primary consideration to the above mentioned matters and to the welfare of the entire community of Bradley Beach.
B.
Enforcement. It shall be the duty of the Borough's Zoning Officer and Department of Construction, Code Enforcement, Zoning and Department of Community Development to administer and enforce the provisions of this chapter and Chapter 270 of this Code. No structure or building improvement shall be erected until a zoning permit is obtained by the Zoning Officer and no structure or lot shall be used in violation of this chapter or Chapter 270 of this Code. It shall be the duty of the Zoning Officer to keep a record of all zoning permit 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 Borough's public records. It shall be the duty of the Zoning Officer to inspect the structures and land in the Borough, and when required in his or her discretion, the Zoning Officer may require the submission of an as-built survey by the owner, at the owner's expense, to confirm compliance with the provision(s) of this chapter and/or Chapter 270 of this Code. The Zoning Officer shall order the owner, in writing, to remedy any condition found to exist in violation of any provision(s) of this chapter and/or Chapter 270 of this Code.
[Amended 12-28-2021 by Ord. No. 2021-35; 5-24-2022 by Ord. No. 2022-4]
C.
Zoning
permits.
(1)
When
required. A zoning permit shall be issued prior to:
(2)
Submission
requirements. Every application for a zoning permit shall be accompanied
by three copies of a current survey/ site plan and three sets of construction
plans. All submissions shall be also be simultaneously submitted in
electronic format, to scale where appropriate, by the applicant. Surveys
must show the existing conditions and exact location of physical features,
including metes and bounds, drainage, waterways, specific utility
locations and easements, all drawn to scale. All surveys must be prepared
by a land surveyor. Survey information may be transposed to a site
plan if the date of the survey and by whom and for whom it was prepared
is noted on the site plan. Vegetation, general flood plain determinations
or general location of existing utilities, buildings or structures
may be shown by an architect, planner, engineer, land surveyor, or
certified landscape architect. All plans must display 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
(drawn to scale), 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 the Zoning and Land Development Ordinances
of the Borough.
(3)
A
zoning permit shall be granted or denied, in writing, within 10 business
days from the date of a complete application submission, unless additional
time is agreed upon. 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 the Zoning and/ or Land Development Ordinances
of the Borough and until all review and inspection fees and all local
taxes and assessments on the property have been paid.
(4)
The
fee for an application for a zoning permit shall be $45, which fee
shall be paid at the time of application.
(5)
The
fee for a zoning determination shall be $100 per property, which fee
shall be paid at the time of application.
(6)
Temporary
zoning permits may be issued by the Zoning Officer for the location
of temporary trailers permitted by this Code for a period not to exceed
one year; however, the permit may be renewed for like periods until
completion of construction. Such permits may be revoked or reissue
refused in the event that the trailer is no longer used for the purposes
for which the permit was issued or the use discontinued, subject to
the penalties for violation of this chapter.
D.
Violations.
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 the Zoning
and/or Land Development Ordinances, the Borough may institute an action
to enjoin or take any other appropriate action to remedy such unauthorized
activity, including remediation or removal. Nothing in this Code shall
be construed to restrict the right of any party to obtain a review
by any court of competent jurisdiction according to law.
E.
Penalties.
(1)
Fines.
(a)
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 exceeding
$2,000 as such court in its discretion may impose; or if the party
so convicted be a natural person, such person may be sentenced to
community service not exceeding 90 days, 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 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.
(b)
Any person or entity 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 for the same fines or imprisonment, or both, as specified in Subsection E(1)(a) hereinabove. These persons or entities may include but are not limited to the owner(s) 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, and any architect, builder, developer, contractor, agent, person or corporation engaged in connection therewith where anything in violation of the Zoning and/ or Land Development Ordinances of the Borough shall be placed or shall exist or be suffered, allowed or permitted to exist.
(2)
Selling
land before subdivision approval.
(a)
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 the Zoning and/or
Land Development Ordinances of the Borough, 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.
(c)
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.
F.
Additional
remedies. In addition to the remedy or remedies hereinbefore provided,
any person., persons. company or corporation violating Borough ordinances
or any provision or section thereof, may be proceeded against by the
Borough of Bradley Beach or by the Zoning Officer of the Borough of
Bradley Beach or any designee of the Borough of Bradley Beach or Zoning
Officer or by the owner of any property in the Borough of Bradley
Beach by appropriate action or by proceeding in equity or otherwise
to prevent and enjoin any threatened violation or any existing violation
or continuing violation of the Borough ordinances or any provision
or section thereof.
