A.
All provisions of this chapter shall be enforced by
the Construction Official of Ventnor City.
B.
In no case shall a building permit be issued for construction
or alteration of a use or of any building where such construction
or alteration would be in violation of any provision of this chapter.
C.
The Construction Official shall be authorized to grant
permits where provisions of this chapter have been complied with,
to collect fees for such permits, to make inspections and to examine
plans and specifications. Any such zoning permit fee not covered under
the Uniform Construction Code shall be collected under the fee schedule
as listed in § 102-160.4A(11).
[Amended 5-20-2010 by Ord. No. 2010-07]
D.
The Construction Official shall keep careful and comprehensive
records of all applications, permits issued, inspections made and
notices issued. The City Tax Assessor shall receive a copy of all
permits.
E.
Inspection where the Construction Official reasonably
suspects that a violation of this chapter is or has occurred.
(1)
The Building Inspector or his authorized representative
shall have authority to enter upon and inspect any dwelling unit,
building and structure where he reasonably suspects that there has
been a violation of this chapter.
(2)
Before the Building Inspector may enter private living
quarters and conduct an inspection for a suspected violation, he must
either obtain the consent of the occupant of such private living quarters
or secure a warrant from the Ventnor City Municipal Court Judge or
any County or Superior Court Judge (hereinafter referred to as the
"issuing magistrate").
(3)
The issuing magistrate may grant a search warrant
to the Building Inspector where the issuing magistrate finds probable
cause to believe that a violation of this chapter has occurred on
the premises, that a search of the premises is necessary to gather
evidence of the suspected violation and that the Building Inspector
has made a reasonable but unsuccessful attempt to secure the consent
of the occupant.
F.
Surveys signed and sealed by a New Jersey licensed
professional surveyor shall be submitted to the Municipal Construction
Code Official within five business days following completion of each
of the followings stages of construction:
[Added 6-7-2007 by Ord. No. 2007-5]
(1)
Foundation/top of block indicating setbacks to all
property lines and effective building width.
(2)
Completion of roof framing showing all of the information contained in Subsection F(1) and maximum eave heights and eave overhangs along side yards and maximum building height.
(3)
Final survey after completion of building(s) and site
improvements showing building and mechanical setbacks to all property
lines, first-floor elevation, finished building height elevation,
and finished eave height elevation, based on NGVD 1929.
(4)
If the owner, contractor, or building permittee fails
to submit the information within the required time, the Construction
Code Official shall order stoppage of the work and issue written notice
to the property owner and building permittee to comply within 10 days
of the date of the letter and submit the necessary survey or surveys.
If the required surveys are not received within the ten-day period,
the Construction Code Official shall file a complaint for violation
of this section with the Municipal Court.
No building permits shall be issued by the Construction
Official for any dwellings, buildings or structures within a subdivision
until final approval has been granted. Upon application to the Planning
Board, up to three building permits may be issued for model homes
in a major subdivision prior to final approval.
No building permits shall be issued for alteration
or construction of buildings or structures, sign construction or change
in use until final site plan approval has been granted as required
in this chapter.
No certificate of occupancy for any dwelling,
building or structure shall be granted by the Construction Official
unless all required improvements have been installed or completed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Certificates of approval for subdivision and
site plans shall be issued by the City Clerk upon receipt of a signed
approved plat from the Planning Board.
Applications for all permits and certificates provided in this article shall be made upon the proper form and accompanied by the fee prescribed in Article XXIV.
The following penalties shall be imposed for
violation of the provisions of this chapter:
A.
If, before final approval has been granted, any person
transfers, sells or agrees to sell as owner or agent any land which
forms a part of a subdivision on which, by ordinance, the Planning
Board is required to act, such person shall be subject to a fine not
to exceed $1,000 or imprisonment not to exceed 30 days, and each lot
or parcel so disposed of shall be deemed a separate violation.
[Amended 1-9-1997 by Ord. No. 9616]
B.
Any other violation of the provisions of this chapter
shall be punishable by a fine not to exceed $1,000 or imprisonment
not to exceed 30 days. Each day that a violation shall continue shall
constitute a separate violation.[1]
[Amended 1-9-1997 by Ord. No. 9616]
C.
Nothing in this article shall be construed to limit
the City of Ventnor City's right to institute and maintain a civil
action from seeking active injunctive relief or to set aside or invalidate
any conveyance made pursuant to a contract of sale.
D.
In addition to or as a substitute for the previously
mentioned fine, the imposition of community service shall be authorized
as an additional penalty, which community service shall not exceed
90 days.
Where a permit or certificate is denied, the
official responsible shall send promptly to the applicant, at the
address given on the application, a notice of decision setting forth
the reason for denial.
Building permits shall be issued separately
for each lot and shall lapse one year after issue. Certificates of
occupancy shall be granted or denied within 10 days of application
if all City requirements are complied with in the case of new construction,
within 30 days in the case of alterations and conversions and within
30 days following Planning Board approval in the case of nonconforming
uses and variances. Such certificates shall lapse 90 days after issue.
Minor subdivision approval shall expire 190 days from the date of
municipal approval unless within such time a plat in conformity with
such approval and meeting provisions of the Map Filing Law, P.L. 1960,
c. 141 (N.J.S.A. 46:26B-l et seq.) or a deed clearly describing the
approved minor subdivision and signed by the Planning Board Chairman
and Secretary is filed by the developer with the county recording
officer, Municipal Engineer and Municipal Tax Assessor. Major subdivision
approval shall expire 95 days from the date of approval unless within
such time a plat signed by the Planning Board Chairman and Secretary
shall have been filed by the developer with the county recording office.
An extension not to exceed 190 days may be granted by the Planning
Board.
For the purposes of this chapter, the Planning
Board of Ventnor City shall exercise the following powers:
A.
The Planning Board of Ventnor City shall enforce the
subdivision, site plan and certain zoning articles of this chapter.
(1)
Subdivision and site plan. The Board of Commissioners of Ventnor City requires, with passage of this chapter, Planning Board approval, by resolution, of subdivision plats as a condition for filing of such plats with the county recording office and requires Planning Board approval, by resolution, of site plans as a condition for the issuance of a permit for any development except as provided in Article XIX or in those cases specified below where Planning Board approval shall be required.
(2)
Zoning. The Board of Commissioners of Ventnor City
makes it possible, with passage of this chapter, for the Planning
Board to review and approve, in conjunction with subdivision and site
plan review, requests for variances from lot area, lot dimension,
setback and yard requirements for a single lot.
(3)
Conditional use approvals. The Planning Board shall
issue permits for buildings or structures not related to a street
and permits for buildings or structures in the bed of a mapped street,
public drainageway, flood control basin or public area reserve. These
permits shall be issued in conjunction with Sections 23, 25 and 27
of the New Jersey Municipal Land Use Law, Chapter 291 of the Laws
of New Jersey 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-32, 40:55D-34
and 40:55D-36, respectively.
B.
The Planning Board, exercising the powers of a Zoning
Board of Adjustment, shall:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Hear and decide appeals where it is alleged by the
appellant that there is error in any order, requirement, decision
or refusal made by an administrative office based on or made in the
enforcement of the Zoning Ordinance.
(2)
Hear and decide, in accordance with provisions of
the zoning articles of this chapter, requests for interpretation of
the Zoning Map or articles or for decisions upon other special questions
upon which the Board is authorized to pass by the zoning articles.
(3)
Grant a hardship variance where the strict application
of the zoning articles of this chapter, as they apply to a specific
piece of property which, by reason of exceptional narrowness, shallowness,
shape, exceptional topographic condition or other extraordinary and
exceptional situation or condition, would result in peculiar and exceptional
practical difficulties to or exceptional and undue hardship upon the
developer of such property; provided, however, that no such variance
shall be granted to allow a structure or use in a district restricted
against such structure or use and provided that the proposed development
does not require subdivision, site plan or conditional use approval
of the Planning Board.
(4)
Grant a variance to allow a structure or use in a
district restricted against such structure or use in particular cases
and for special reasons, but only by affirmative vote of at least
2/3 of the fully authorized membership of the Board.
(5)
Direct issuance of a permit for a building or structure
in the bed of a mapped street, public drainageway, flood control basin
or public area reserved and direct issuance of a permit for a building
or structure not related to a street in conjunction with Sections
23, 25 and 27 of the New Jersey Municipal Land Use Law, Chapter 291
of the Laws of New Jersey 1975.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-32, 40:55D-34
and 40:55D-36, respectively.
(6)
Grant conditional use approval in conjunction with review for a use variance as specified in Subsection B(4) above, provided that the Board shall have 120 days from the filing of a completed application with the City Clerk or such additional time as may be mutually agreeable to Board and developer.
C.
No variance granted pursuant to Subsection B(1), (2) and (3) of this section shall be valid for a period of longer than one year from the date of issue of the resolution adopted by the Planning Board unless a building permit is issued and construction actually begun within that period and thereafter diligently pursued to completion. In the case of a variance granted in conjunction with site plan or subdivision approval, the variance shall be valid for the same time period as the site plan or subdivision approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Wherever review or approval of an application
by the County Planning Board is required by Section 5 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.3) for submissions or Section 8 of P.L. 1968,
c. 285, (N.J.S.A. 40:27-6.6) for site plans, the municipal Boards
(Planning and Zoning) shall condition all approvals upon timely receipt
of a favorable report on the application by the County Planning Board.
The appeal process for official actions taken
with regard to any portion of this chapter shall be as outlined in
prior articles and sections and as further outlined below:
A.
Appeals to the Board of Adjustment.
(1)
Appeals, as provided in § 102-156B(1), may be taken by an interested party affected by an administrative office of Ventnor City based on or made in the enforcement of the Zoning Articles of this chapter. Such appeal shall be taken within 20 days of official action by filing a notice of appeal with the office from whom the appeal is taken specifying the grounds of such appeal.
[Amended 2-13-1997 by Ord. No. 9704]
(2)
The Board shall render a decision not later than 120
days after the date an appeal is taken. In its decision, the Board
may reverse or affirm wholly or in part or modify the action, order,
requirement, interpretation or determination of the original decisions.
An appeal to the Board shall stay all proceedings in furtherance of
the action in respect to which the decision appealed from was made
unless the officer from whose section the appeal is taken certifies
to the Board, after filing of the appeal, that by reason of facts
stated in the certificate, a stay would, in his or her opinion, cause
imminent peril to life or property. In such case, proceedings shall
not be stayed other than by an order of the Superior Court.
B.
Appeals from the Planning Board. An appeal from any
decision of the Planning Board of the City of Ventnor shall, in accordance
with the New Jersey statutes, be appealable directly to the Superior
Court of the State of New Jersey.
[Amended 2-13-1997 by Ord. No. 9704]
A.
Hearings shall be held by the Planning Board for all
developmental applications. Notice of such hearing, in accordance
with the public notice requirements listed below, shall be provided
for by the applicant or developer or subdivider for all applications,
except those for minor subdivisions and conventional site plans and
final subdivision approval if such applications do not require the
Planning Board to exercise its ancillary jurisdiction pursuant to
N.J.S.A. 40:55D-60.
B.
Public notice shall be given pursuant to N.J.S.A.
40:55D-12. At least 10 days prior to the date of the hearing, a notice
of hearing shall be given stating the date, time and place of the
hearing and nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's office and the location
and times at which maps and exhibits for which approval is sought
are available for inspection. Such notice shall be given as follows:
(1)
By publication in the official newspaper of Ventnor
City.
(2)
To all owners of real property as shown on the current
tax duplicate located within 200 feet in all directions of the property
which is the subject of the hearing, which notice shall be given by
serving a copy thereof on the property owner, as shown on the current
tax duplicate, or his agent in charge of the property or by mailing
a copy thereof by certified mail to the property owner at his address
as shown on said current tax duplicate. It is not required that a
return receipt be obtained. Notice is deemed complete upon mailing.
(See N.J.S.A. 40:55D-14.)
(3)
Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
(4)
To the Clerk of any adjoining municipality or municipalities
and to the County Planning Board when the property involved is located
within 200 feet of said adjoining municipality or municipalities,
which notice shall be given by personal service or certified mail.
(5)
To the County Planning Board when the application
for development involves property adjacent to an existing county road
or proposed road shown on the Official County Map or a County Master
Plan or adjoins another county land.
(6)
To the Commissioner of Transportation of the State
of New Jersey when the property abuts a state highway.
(7)
To the Director of the Division of State and Regional
Planning in the Department of Community affairs when the hearing involves
an application for development of property which exceeds 150 acres
or 500 dwelling units, in which case the notice shall include a copy
of any maps or documents required to be on file with the Municipal
Clerk, pursuant to N.J.S.A. 40:55D-10b.
C.
Upon written request from the applicant, the Tax Collector will provide a certified list from the current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice for a fee in the amount set forth in Chapter 114, Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Public notice following decisions. All decisions of
the Planning Board shall be provided as follows:
(1)
A copy of the decision shall be mailed to the applicant
at the address given on the application within 10 days of decision,
and a copy shall be mailed to those requesting a copy. A copy for
public inspection shall be placed on file with the City Clerk.
(2)
A notice of decision shall be published in the official
newspaper of Ventnor City by the applicant.
