Alpine City Zoning Code
§ 220-18
Building permits, zoning permits and certificates of occupancy.
[Amended by Ord. No. 238; Ord. No. 262; Ord. No. 272; Ord. No. 287; Ord. No. 310; Ord. No. 360; Ord. No. 443; 2-28-2001 by Ord. No. 583; 10-22-2003 by Ord. No. 624]
A.
Building permits and plans.
(1)
No building, structure or part thereof shall be erected, razed, moved, extended, enlarged, altered or demolished unless and until a permit has been granted by the Building Inspector. Application shall be filed in triplicate with the Building Inspector by the owner or his/her agent and shall state the intended use of the structure and the land. The application shall be accompanied by detailed plans and specifications; and new buildings or additions to buildings shall be accompanied by a plot plan showing finished grades, existing grades, open spaces, the established building lines within the block upon which the land is located and such other information as may be required to show that the proposed building or other structure shall comply with all the requirements of this chapter for the zone district in which the premises is located. The plan shall be drawn to scale and shall show actual dimensions and fixtures. All plans, specifications and plot plans shall be signed by a licensed architect or a licensed professional engineer of the State of New Jersey, provided, however, that the owner shall file an affidavit to that effect with the plans. A plot plan, but only a plot plan, may be prepared and certified by a licensed land surveyor of the State of New Jersey.
(2)
No building permit shall be issued for the erection, raising, moving, extending, enlargement or alteration of any building or structure, or any part, unless a zoning permit is issued.
(3)
The Construction Official shall collect a cash bond in all cases where an application requests a permit for renovation, alteration, repair or new construction, hereinafter called "improvement." The cash bond shall be in the amount of $500 when the cost of the improvement, in the estimation of the Construction Official, shall equal or exceed $5,000. The cash bond shall be in the amount of $200 when the cost of the improvement, in the estimation of the Construction Official, shall be less than $5,000. The applicant shall, during the course of such construction, regularly clean up all debris and dirt from the streets, sidewalks and curbing abutting the property for which the construction permit was issued. Upon the completion of such renovation, alteration, repair or new construction, and the Construction Official and the appropriate subcode officials having inspected same and found it to be satisfactory, and, if applicable, the Borough Engineer having also determined that any and all damages to the streets, sidewalks and curbing abutting the property for which the permit was issued have been repaired and all debris and dirt deposited thereon has been properly cleaned, the cash bond, without interest, shall be returned to the applicant. Patching of damaged curbs will not be accepted. Removal and replacement of damaged curbs shall be required. No certificate of occupancy shall be issued until the Borough Engineer has certified to the Construction Official, in writing, that the curb complies with the requirements of the curb specifications as set forth in Chapter 192, Streets and Sidewalks, § 192-24. At the time of the return of the cash bond, the Borough may charge the applicant a curb inspection fee, not to exceed $75 for each inspection. All repairs to damaged curbs shall be at the applicant's expense.
B.
Zoning Permits.
(1)
Application for zoning permit. The zoning permit looks to the location and use of the building in light of the requirements of this chapter and certifies that such location and use is permitted or that it exists as a nonconforming use and/or nonconforming structure or is permitted by the terms of a variance. All zoning permit applications shall be made in writing by the owner or his authorized agent and shall include a statement to the use or intended use and shall be accompanied by a plan of the plot showing thereon the exact size, shape and location of all proposed structures and such other information as may be necessary to provide for the enforcement of this chapter. The zoning permits shall be granted or denied within 10 business days from the date that a written application is filed with the Zoning Officer.
(2)
Issuance of zoning permit. Zoning permits shall be secured from the Zoning Officer prior to issuance of a building permit. It shall be the duty of the Zoning Officer to issue a zoning permit, provided that the Zoning Officer is satisfied that the proposed use conforms with all requirements of this chapter. It is the applicant’s responsibility that all other reviews and actions, if any, called for in this chapter or any other Borough ordinance have been complied with and all necessary approvals secured therefor.
(3)
Denial of zoning permit. When the Zoning Officer is not satisfied that the applicant’s proposed development will meet the requirements of this chapter, the Zoning Officer shall refuse to issue a zoning permit. When an application for a zoning permit is denied, it is the duty of the Zoning Officer to specify what sections of the application are not in conformance with the zoning ordinance. The applicant may appeal to the Zoning Board of Adjustment.
(4)
Records of zoning permits. It shall be the duty of the Zoning Officer to keep a record of all applications for zoning permits issued, together with a notation of all special conditions involved. The Zoning Officer shall prepare a monthly report for the Borough Council, Planning Board, Zoning Board of Adjustment and Tax Assessor, summarizing for the period since his previous report all zoning permits issued by him and all complaints of violations and the action taken by him consequent thereon.
(5)
Fees for zoning permits. There shall be a minimum fee of $150 for any residential applications and a minimum fee of $250 for any commercial applications for a zoning permit for each and every review, with no exceptions.
[Amended 4-23-2008 by Ord. No. 680; 12-17-2008 by Ord. No. 694; 4-27-2011 by Ord. No. 721; 4-22-2015 by Ord. No. 754]
C.
Certificate of occupancy.
(1)
General requirements.
(a)
No land shall be occupied or used, and no building hereafter erected or altered shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy shall have been issued by the Construction Official stating that the premises or building complies with all provisions of this chapter.
(b)
No change or extension of use and no alteration shall be made in a nonconforming use of premises without a certificate of occupancy having first been issued by the Construction Official stating that the change, extension or alteration is in conformity with the provisions of this chapter.
(c)
A certificate of occupancy shall be applied for at the same time that the building permit is applied for and shall be issued within 10 days after the erection or alteration of the building. A record of all certificates of occupancy shall be kept on file by the Construction Official and copies shall be furnished upon request of any person having a proprietary or tenancy interest in the building affected. A fee of $5 shall be charged for each original certificate of occupancy and $2 for each copy thereof.
(d)
No permit for excavation shall be issued before application has been made for a building permit and approved. No building or premises for which a certificate of occupancy is required may be occupied until such certificate shall have been issued, but a temporary certificate of occupancy may be issued for part of a building. The fee for issuing such temporary certificate shall be $5 and $2 for copies thereof.
(e)
In case the Building Inspector shall decline to issue a certificate of occupancy, his/her reasons for doing so shall be stated on copies of the application, and one copy thereof shall be returned to the applicant.
(f)
Any person occupying any land or building within the Borough before securing a certificate of occupancy shall be liable to a fine of up to $100 per day for each day that the offense is continued, within the discretion of the Municipal Judge. Such violation shall be heard on summons issued by the Construction Official in the Municipal Court.
(2)
Certificate of continued occupancy resale requirements upon the transfer of ownership.
[Added 10-25-2023 by Ord. No. 822]
(a)
Certificate of continued occupancy resale shall be required upon any transfer of ownership to an existing premises which is accompanied by a change in the occupancy of such premises.
(b)
The certificate of continued occupancy resale shall be evidence that a general inspection of the visible parts of the principal building, property or other structures on the property have been made and that there are no apparent visible violations of the Borough of Alpine ordinances, New Jersey Uniform Construction Code, the New Jersey Uniform Fire Code or other applicable county, state or federal codes, statutes or regulations have been determined to have occurred and no unsafe conditions have been found.
(c)
An application for a certificate of continued occupancy resale required by this section shall be made, in writing, on forms provided by the Alpine Building Department. The application shall be submitted at least 20 business days prior to the proposed change of occupancy. Upon receiving the required completed application and fees, the Code Official/Building Inspector shall inspect the property within 10 business days. In the event that the Code Official/Building Inspector declines to issue a certificate of occupancy resale, his/her reasons for doing so shall be stated in writing and a copy given to the applicant. The applicant must request a reinspection once all violations have been corrected to the satisfaction of the Code Official/Building Inspector.
(d)
The application fee for a certificate continued of occupancy resale upon the transfer or change of ownership shall be based upon the amount of time remaining before the change of occupancy is expected as follows:
[1]
The fee for a certificate of continued occupancy resale upon the change of occupancy for a one family dwelling or commercial or industrial building are as follows:
Days Prior | Residential | Commercial or Industrial |
|---|---|---|
10 or more | $400.00 | $600.00 |
4 to 10 | $600.00 | $800.00 |
4 | $800.00 | $1,000.00 |
[2]
The fee for a reinspection is $90 for each reinspection request.
(3)
A certificate of noncompliance shall be required for the transfer of ownership in the event that the principal building is to be demolished or when there are outstanding issues that need to be corrected and approval can only be obtained after closing.
[Added 10-25-2023 by Ord. No. 822]
(a)
Procedure to obtain a certificate of noncompliance. Requests shall be made, in writing, on forms supplied by the Alpine Building Department. The application must be presented to the Code Official/Inspector. This form must be completed, signed by the seller(s) and must be notarized. Also required is a letter of understanding regarding application for certificate of noncompliance. This form must be completed, signed by both the seller(s) and buyer(s) and must be notarized. Executed documents must be submitted to the Alpine Building Department. These documents must be reviewed and approved by both the Borough Attorney and the Borough Engineer. Once approvals are received, the Code Official/Inspector will issue a certificate of noncompliance for the transfer of ownership only. Occupancy is prohibited until violations are corrected and a certificate of occupancy is obtained.
(b)
The fee for a certificate of noncompliance is $400.
(4)
Failure to submit a completed application for a certificate of occupancy resale or a certificate of noncompliance upon the change of ownership to an existing premises shall result in the levying of a fine in the amount of $1,000 against the owner of record of the property at the time that the change of occupancy or title occurred. Said owner(s) shall also be subject to a per-diem charge of $100 for each and every day that a completed application is not submitted, starting from the day of discovery by the Alpine Building Department. This section will be enforced by the Code Official of the Borough of Alpine.
[Added 10-25-2023 by Ord. No. 822]
D.
Application fees.
[Amended 6-28-2006 by Ord. No. 668; 10-23-2013 by Ord. No. 737]
(1)
Other than use variance. On all applications for a variance, other than a use variance, or for any other application to the Board of Adjustment, the application fee shall be $250, except that the fees on all applications involving additions to an existing residence shall be $100 if the value of the addition is $25,000 or less and $200 if the value of the addition is more than $25,000. In addition, the applicant shall deposit $2,000 in escrow with the Borough Clerk to be used to pay for the Borough’s legal fees, engineering expenses and any other costs incurred by the Borough and directly related to the variance application. Any unused portion of the escrow fee shall be returned to the applicant. If the expenses to the Board exceed the amount deposited, then the Board shall not give a final ruling until the applicant has made a deposit sufficient to pay for such additional expenses.
(2)
Use variance. The application fee for a use variance shall be $200. In addition, the applicant shall deposit $2,000 in escrow with the Borough Clerk to be used to pay for the Borough’s legal fees, engineering expenses and any other costs incurred by the Borough and directly related to the variance application. Any unused portion of the escrow fee shall be returned to the applicant. If the expenses to the Board exceed the amount deposited, then the Board shall not give a final ruling until the applicant has made a deposit sufficient to pay for such additional expenses.