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 Township. Any action
taken by the Township under the terms of this chapter shall give primary
consideration to the above-mentioned matters and to the welfare of
the entire community.
A.
The Planning Board/Zoning Board of Adjustment shall consider requests for waivers from Article VII, Subdivision and Site Plan Design Standards, Article X, Development Application Review Procedures and Plat/Plan Details, and Article XII, Sign Requirements and Regulations, on a case-by-case basis. All waiver requests shall be submitted in writing indicating the reason for each waiver request. The Board may grant waivers from these sections if the applicant clearly demonstrates that because of peculiar conditions pertaining to the land, the literal enforcement of one or more requirements is impracticable or will exact undue hardship.
B.
An example of a waiver request may be to not provide
a full environmental impact statement (EIS) for small major subdivision.
The Board may require that the applicant submit specific information
that would have been part of the EIS.
[Added 9-7-2004 by Ord. No. 29-2004;
amended 7-6-2010 by Ord. No. 15-2010]
Definitions. “Municipal capital improvement
project” for the purposes of this section means a municipal
acquisition of real property or major construction project.
Municipal capital improvement projects within the Township shall be exempt from subdivision, site plan or variance approval as set forth in the development regulations of the Land Development Ordinance of the Township of Readington, Chapter 148 et seq., in the following cases:
A.
Where the municipal governing body is the applicant
and contract purchaser or owner of the real property which is the
subject of the governmental acquisition and development application,
and:
(1)
The primary purpose of the acquisition by the
municipality is to provide for permanently preserved property, in
fee or easement to be used for conservation, recreational or agricultural
purposes under a municipal-, county- or state-funded preservation
program, such as but not limited to the County or State Farmland Preservation
Program, New Jersey Environmental Infrastructure Trust Program, Green
Acres or other similar program; and
(2)
The application does not propose any new development.
Nothing herein shall preclude the municipality from proceeding pursuant
to this section if the application contemplates a conservation easement,
agricultural development rights easement with one or more nonseverable
"exception areas" which would allow the property to eventually be
developed for some purpose. All municipal, county, state or federal
rules or regulations shall continue to comply with the aforesaid exception
areas and no building permit shall be issued within such exception
areas until the applicant or property owner has met all applicable
rules or regulations that may apply to the future development.
B.
Notwithstanding the above, the municipal entity shall
present the proposed municipal capital improvement project to the
Planning Board for a courtesy review to determine whether or not it
is in accordance with the Township's Master Plan and for any recommendations.
In the event the governing body authorizes the Planning Board to prepare
a capital improvement program, then, in those circumstances, the procedures
set forth in N.J.S.A. 40:55D-29 through 40:55D-31, et seq., shall
also be followed.
A.
The Construction Official and the Zoning Officer.
(1)
It shall be the duty of the Construction Official
and the Zoning Officer of the Township to administer and enforce the
provisions of this chapter. It shall be unlawful for any person to
erect, add to, move or structurally alter, in whole or in part, any
building or structure unless a construction permit is obtained from
the Construction Official and no structure or lot shall be used in
violation of this chapter.
(2)
It shall be the duty of the Zoning Officer to inspect
the structures and land in the Township and order the owner in writing
to remedy any condition found to exist in violation of the provision(s)
of this chapter. For purposes of this inspection, the Zoning Officer
shall have the right to enter under due process of law. Said order
shall be effective immediately at the time of service.
(3)
It shall be the duty of the Construction Official
and Zoning Officer to administer and enforce the provision of this
chapter. The Township Engineer shall be available to assist the Construction
Official and Zoning Officer with respect to the enforcement and implementation
of the provisions of subdivision and site plan approvals.
(4)
Upon notice being served of any use existing in violation
of any provision(s) of this chapter, the certificate of occupancy
for such shall thereupon, without further notice, be null and void
and a new certificate of occupancy shall be required for any further
use of the structure.
B.
Construction permits.
(1)
Construction permits shall be required as provided
by the State Uniform Construction Code, its subcodes and regulations
promulgated pursuant thereto. Fees for construction permits shall
be in accordance with the applicable ordinances of the Township.
[Amended 4-3-2006 by Ord. No. 9-2006]
C.
Certificate of occupancy.
(1)
It shall be unlawful to use any lot, tract or building
or part thereof created or modified or involving a change in use or
occupancy of a nonresidential building until a certificate of occupancy
shall have been issued by the Construction Official. No certificate
shall be issued unless the land, building or use comply with this
chapter; all matters incorporated on the approved subdivision or site
plan are completed and certified by the Township Engineer or bonded
in a manner satisfactory to the Township; and the Building and Health
Codes are complied with.
(2)
Upon the completion of any building, structure or
alteration in compliance with the Uniform Construction Code 5:23,
this chapter and any rule or regulation, the owner or his agent shall
apply to the Construction Official, in writing, for the issuance of
a certificate of occupancy for said structure, building or alteration
pursuant to the provisions of this section, but only when:
(a)
The structure or part(s) thereof and the proposed
use conform to this chapter and all other applicable codes and ordinances
of the Township;
(b)
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 chapter;
(c)
All local taxes and assessments on the property
have been paid;
(d)
A certified location survey made by a licensed
surveyor is filed with the Construction Official showing the true
location of any structures as well as location of septic field, tank,
wells and all driveways and parking areas.
(3)
Every application for a certificate of occupancy shall
be accompanied by payment of the fee in accordance with the applicable
ordinances of the Township.
(4)
The Construction Official shall issue a certificate
of occupancy to the owner of every existing structure, building or
alteration entitled to same, within 10 days after written request
by the owner and according to the procedures set forth in the New
Jersey State Uniform Construction Code and in this chapter.
(5)
With respect to any finally approved site plan or
subsection thereof, a certificate of occupancy shall be issued only
upon the completion of the following improvements or the posting of
guaranties with the Township as such improvements may be required
as part of site plan approval:
(a)
Curbs.
(b)
All utilities.
(c)
Water supply and sewerage treatment facilities,
which shall be functioning and servicing the property in question.
(d)
Storm drainage facilities.
(e)
Rough grading of the property.
(f)
Base course of the street or streets serving
the property.
(g)
Base course of driveways and parking areas.
(6)
A certificate of occupancy shall be applied for, in
the name of the owner, upon the completion of any such building or
alteration in accordance with any variance of the provisions of this
chapter and such certificate shall include a detailed description
of such variance and shall specify whether or not such variance constituted
a nonconforming use.
(7)
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.
(8)
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.
(9)
A temporary certificate of occupancy may be issued
for a new structure or use as regulated by the Uniform Construction
Code (U.C.C.).
(10)
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 $10 except that there shall be no charge to
a municipal agency.
(11)
The following shall be unlawful 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 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-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 chapter.
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 chapter or any building, structure or land is used in violation
of, or contrary to, any approved site plan and/or subdivision plat,
including any conditions made thereto, the Township may institute
an action to enjoin or any other appropriate action or proceeding
to prevent such erection, construction, reconstruction, alteration,
conversion or use. However, nothing in this chapter 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. Any violation hereunder shall be considered
an offense punishable by a fine not to exceed $500 for each offense
or imprisonment for a term not exceeding 90 days, or both. The following
rules shall apply in determining responsibility for violations and
penalties:
(1)
The owner, general agent, contractor or occupant of
a building, premises or part thereof where such a violation has been
committed or does exist shall be guilty of such an offense.
(2)
Any agent, contractor, architect, engineer, builder,
corporation or other person who commits, takes part or assists in
such violation shall be guilty of such offense.
(3)
Each day that a violation continues after notification
that it exists shall constitute a separate offense.
(4)
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.
B.
Selling land before final subdivision approval.
(1)
If, before final subdivision 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 chapter,
except pursuant to an agreement expressly conditioned on final subdivision
approval, such person shall be subject to a penalty not to exceed
$500 and each lot disposition so made may be deemed a separate violation.
(3)
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 developer
or his assigns or successors, to secure the return of any deposits
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 or conveyance of said land or within six years,
if unrecorded.
