A.
Development permits shall hereafter be secured from
the Zoning Officer prior to:
(2)
The erection, construction, alteration, repair, remodeling,
or conversion of any building or structure.
(3)
Application for and/or issuance of any permit for
a new, expanded or relocated sign.
(4)
Application for and/or issuance of any permit for
erection of a fence in conjunction with any nonfarm use.
(5)
Any use or change in use of any building, structure
or land.
(6)
Any alteration exceeding 5,000 square feet in the
natural condition of any undeveloped parcel of land including but
not limited to the alteration of drainage patterns, removal of soil,
regrading, and removal of trees and ground cover; provided, however,
that such alterations located on and necessary to the operation of
a farm as defined in this chapter shall not require a development
permit.
(7)
Any use of any portion of any parcel of land for any
activity regulated by this chapter.
(8)
The construction of any site improvement either above
or below ground.
(9)
The issuance of any certificate of occupancy where
no building permit was previously required.
(10)
The excavation, removal, or addition of soil
or fill to or from any site exceeding 10 cubic yards.
B.
An application for a development permit shall be in
writing by the owner or his authorized agent on a form prepared by
the Land Use Officer and shall include the following:
(1)
A statement of the use or intended use or uses of
the building, structure or land.
(2)
An elevation drawn to scale of the building or structure
to be erected including signs to be placed thereon and their content
and manner of construction.
(3)
A plan drawn to scale showing all proposed and/or
existing buildings, signs, parking areas, setbacks, and yard distances
in exact relation to street and lot lines.
(4)
The percentage of existing and proposed lot coverage.
(5)
The percentage of existing and proposed impervious
lot coverage.
(6)
The location of any wetlands, wetlands transition
areas, easements, floodplains or slopes of 10% or greater.
C.
The Land Use Officer shall take action on a complete
application for a development permit within 45 days of its submission.
D.
Prior to issuance of a development permit, the applicant
shall have, where applicable, secured other required permits including,
but not limited to:
(1)
Access permit from the New Jersey Department of Transportation
and/or Monmouth County Engineering Department.
(2)
Drainage permits from the NJDOT.
(3)
Stream encroachment permit from the NJDEP.
(4)
Coastal Area Facilities Review Act (CAFRA) permit
from the NJDEP.
(5)
Wetlands (tidal or freshwater) permit from the NJDEP.
(6)
Riparian construction permit from the NJDEP.
(7)
Waterfront development permit from the NJDEP.
(8)
Required permits from the U.S. Army Corps of Engineers
and/or U.S. Coast Guard.
(9)
Sewerage and/or industrial waste treatment permit
from the NJDEP.
(10)
Land disturbance permit from the Freehold Soil
Conservation District.
(11)
Floodplain encroachment permit.
(12)
The Wall Township Water-Sewer Utility connection
permit.
(13)
Approval for connection from the Township of
Neptune Sewerage Authority, South Monmouth Regional Sewerage Authority,
Ocean County Utilities Authority and/or Manasquan River Regional Sewerage
Authority, as may be applicable.
(14)
On-site sewerage (septic systems) permit from the Health Officer
of Wall Township, if applicable.
[Amended 10-24-2018 by Ord. No. 14-2018]
(15)
Tree removal permit from the Township.
E.
Prior to the issuance of a development permit, the
applicant shall have secured all approvals required by this chapter
and shall have met any and all conditions of any municipal agency
approval.
A.
Application shall be made to the Land Use Officer
for the issuance of a development permit by any person wishing to
erect, alter, modify, or expand any sign, except exempt signs.
B.
If the Land Use Officer (Zoning Officer) determines
that a sign requires the issuance of a development permit, is not
part of an application for site plan, subdivision, conditional use,
or variance approval, is permitted as an accessory structure within
the zone and meets the applicable sign schedule requirements, the
officer shall issue a development permit. The applicant may then apply
for a sign construction permit and any other permits that may be required.
C.
If the Land Use Officer determines that the proposed
sign is part of subdivision, site plan, or conditional use application
or that it does not comply with applicable regulations, sign schedule
requirements or other sign regulations, the officer shall instruct
the applicant that Planning Board or Board of Adjustment approval
of an application for development is required and the Officer shall
further advise the applicant which board has jurisdiction in accordance
with the following schedule:
|
Sign Type
|
Board Jurisdiction
| |
|---|---|---|
|
Signs indicated on plats which are part of a
development application before the Planning Board
|
Planning Board
| |
|
Signs indicated on plats which are part of a
development application before the Board of Adjustment
|
Board of Adjustment
| |
|
Signs not permitted
|
Board of Adjustment
|
D.
Modification of graphic content. The graphic content
of a sign may be modified without obtaining a development permit,
provided that the proposed graphic content complies with all applicable
provisions of this section.
A.
Any person interested in any land which forms part
of a subdivision, or which formed part of such a subdivision three
years preceding the effective date of the MLUL, may apply in writing
to the Land Use Officer for 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, the name and the owner
thereof, and the Tax Map lot and block numbers of the property.
B.
The Land Use Officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said officer 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.
C.
Each such certificate shall be designated as "Certificate
as to Approval of Subdivision of Land" and shall certify:
(1)
Whether there exists in the Township a duly established
Planning Board and whether there is an ordinance controlling subdivision
of land and adopted under the authority of the MLUL.
(2)
Whether the subdivision, as it relates to the land
shown in said application, has been approved by the Planning Board,
and, if so, the date of such approval and any extensions and terms
thereof, showing the 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 by the MLUL.
D.
Any person who shall acquire for a valuable consideration
an interest in the lands covered by such certificates 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 Township pursuant to the
provisions of N.J.S.A. 40:55D-55.
E.
If the Land Use Officer fails to issue the same within
15 days after receipt of an application and the fee 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 Township pursuant to N.J.S.A.
40:55D-55.
Any person interested in any land or structure
may apply in writing for the issuance of a certificate certifying
that the use or structure legally existed before the adoption of this
chapter or any amendment and certifying the extent and nature of such
use. The applicant shall have the burden of proof. Application pursuant
hereto shall be made to the Land Use Officer within one year of the
adoption of the chapter or the amendment or at any time to the Board
of Adjustment and shall be accompanied by the established fee. A denial
by the Land Use Officer shall be appealable to the Board of Adjustment
pursuant to N.J.S.A. 40:55D-72 et seq.
A.
No certificate of occupancy for a new building shall
be endorsed unless the property owner has completed the following:
[Amended 9-12-2001 by Ord. No. 34-2001; 10-10-2001 by Ord. No. 40-2001]
(1)
The property owner must submit two copies of a sealed
preliminary plot plan to the Land Use Office prior to the issuance
of any zoning permit together with a fee of $125. Any additional reviews
requested by the Township Engineer or the Zoning Officer shall require
an additional fee of $75. The preliminary plot plan shall show:
(a)
Property lines and dimensions;
(b)
Building dimensions and proposed set back dimensions;
(c)
Existing elevations of the lot and street conditions,
spot elevations and contours;
(d)
Proposed grades to include proposed contours
and sufficient spot elevations at the building corner, driveway and
yard areas to clearly show impact of new grading;
(e)
Finished floor grades of house and garage or
building to be constructed and description of house or building style
(ranch, bi-level, 2 story) and critical grade that applies:
(f)
A description of the building to be constructed,
basement, crawl space or slab construction;
(g)
Where applicable, sufficient information to
show any impact on adjoining properties, if any;
(h)
Certification by a New Jersey licensed professional
engineer or a New Jersey licensed land surveyor of the seasonal high-water
table elevation at the location of the proposed building.
(2)
Prior to a sheathing inspection, the property owner
shall submit a sealed foundation as-built plan to the Land Use Office.
Said plan must show the set backs and elevations as to said as-built
foundation and specifically showing the top of block elevation and
any other critical floor elevation.
(3)
At least five days before the date on which a certificate
of occupancy is required, the property owner shall submit two copies
of a sealed as-built survey together with fee of $150 to the Land
Use Office. Any additional reviews requested by the Township Engineer
or the Land Use Office shall require an additional fee of $100. The
as-built plan must show an overall plan as well as depict the same
data in a tabulation format on the plan. No inspection will be scheduled
until the as-built survey has been supplied by the property owner.
The as-built plan shall show:
(a)
Property lines and dimensions;
(b)
Existing elevations of the lot and street conditions,
as well as contours and critical spot elevations;
(c)
Finished floor grades of house and garage and
description of house style and critical grade that applies;
(d)
All building setbacks;
(e)
A description of the building constructed, basement,
crawl space or slab construction;
(f)
Where applicable, sufficient information to
show any impact on adjoining properties, if any;
(g)
A certificate from the preparer that the same
is in substantial conformance with the plan previously submitted for
initial review for a zoning permit. If alterations have been made,
they should be explained by notes or attachments with explanations
of how the changes are different from the original plan, and explain
why they have no significant impact upon the approved grading plan
or adjoining properties.
B.
In the case of development which has received site
plan approval, no certificate of occupancy shall be endorsed until
two copies of a sealed as-built plan prepared by a licensed engineer,
architect or land surveyor have been submitted and approved by the
Land Use Officer and the Township Engineer. The as-built plan shall
contain and certify the locations and elevations of all site improvements
including but not limited to buildings, structures, utilities, curbing,
sidewalks, pavement, striping, advertising and safety signage, grading
and landscaping.
C.
A temporary certificate of occupancy may be issued
for any structure, building use or development for which site plan
approval has been obtained or for which development permits have been
issued but for which not all improvements required by the approval
or permit have been completed, provided that the Land Use Officers
determines that the items to be completed are minor and incidental
in nature and provided that the items have not been completed due
to weather or other unforeseen circumstances.
D.
No permanent certificate of occupancy shall be issued
until all required improvements have been installed in accordance
with the provisions of this chapter. A temporary certificate of occupancy
may be issued to permit occupancy for a period not to exceed one year.
If at the end of that period the required improvements have not been
completed, the occupancy permit becomes null and void and the owner
may be subject to the penalties herein defined by this chapter.
E.
In the case of a development which required and obtained
site plan approval, no temporary certificate of occupancy shall be
issued until the following is submitted to the Land Use Officer.
(1)
The property owner shall supply a written, signed
and sealed estimate prepared by a licensed professional engineer itemizing
and totaling the cost to complete all site improvements.
(2)
A performance guarantee in the amount of 120% of the
estimate, no less than 10% of which shall be in the form of cash and
the remainder in the form of a letter of credit or surety bond subject
to approval by the Township Attorney.
(3)
A signed and notarized escrow agreement on a form
prepared by the Land Use Officer.
F.
Prior to the change of occupancy, ownership or tenancy
of any residential unit or dwelling, a certificate of occupancy shall
be obtained by the property owner for a change of tenancy or occupancy
and by the future property owner for a change of ownership. Application
for the certificate shall be made on a form prepared by the Land Use
Officer and shall include the appropriate fee and, for changes in
ownership, the application shall include a survey not more than five
years old.
G.
Scope of certificate of occupancy. The certificate
of occupancy shall contain sufficient information as to the extent
and kind of use or uses, such that any future investigation of the
premises would disclose the extent to which a use was altered. It
shall also indicate whether such use is a permitted or nonconforming
use and the extent to which the use does not conform to the provisions
of this chapter.
H.
Improvements required. No permanent certificate of
occupancy shall be issued until all required improvements have been
installed in accordance with the provisions of this chapter. A temporary
certificate of occupancy may be issued to permit occupancy for a period
not to exceed one year. If at the end of that period the required
improvements have not been completed, the occupancy permit becomes
null and void and the owner may be subject to the penalties herein
defined by this chapter.
I.
Special obligations of condominium and cluster subdivision
homeowners. For individual properties which have an interest in lands
held in common by a homeowners' or condominium association or similar
entity, no certificate of occupancy shall be issued for a change in
ownership until a deed of conveyance including language acknowledging
the individual property owner's obligation for ownership and maintenance
of these common lands and/or improvements to be held in common and
for membership in the particular association is submitted and approved
by the Township of Wall.
A.
A transfer permit shall hereinafter be secured from
the Land Use Officer prior to the transfer of ownership or a tenancy
of any nonresidential building or unit therein, prior to the change
of ownership of any residential apartment complex or multifamily use
or mobile home park, and prior to the transfer of the operation of
any existing business, residential apartment complex, multifamily
residential use or mobile home park. The issuance of a transfer permit
is intended to inform the property owner, tenant or operator of any
land use or health requirements applicable to the property, any restrictions
placed on the use of the property and any conditional approvals granted
by a municipal agency.
B.
Application for a transfer permit shall be made in
writing on a form provided by the land Use Officer and accompanied
by the fee established in this chapter.
