Belvidere City Zoning Code
ARTICLE XXIII
Administration and Enforcement
§ 505-107 Interpretation of chapter.
In applying and interpreting the provisions of this chapter, they shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience and general welfare. The following specific regulations shall apply:
A.
A minimum required lot or yard size for one building or structure shall not be used as any part of a required lot or yard for a second structure.
B.
The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.
C.
The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.
§ 505-108 Relocation of chapter to other provisions.
A.
Nothing contained in this chapter shall be taken to repeal, abrogate, annual or in any way impair or interfere with any provisions of law or ordinance or regulations existing or as may be adopted in the future. Nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land or upon the height of buildings or structures, or requires larger lots, yards, courts or other open spaces than imposed or required by such other provisions of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
B.
Wherever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.
C.
No provisions contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on the Town Map.
§ 505-109 Enforcement.
It shall be the duty of the Zoning Officer to administer and enforce the provisions of the New Jersey Municipal Land Use Law[1] and the provisions of this chapter. Should the said Zoning Officer be in doubt as to the meaning or intent of any provision of this chapter or as to the location of any district boundary line on the Zoning Map or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this chapter, he shall appeal the matter to the Planning Board for interpretation and decision. The Zoning Officer shall adopt rules of procedure, consistent with this chapter, for the purpose of assuring efficient and uniform administration of its provisions.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 505-110 Inspection of premises.
The Zoning Officer and his deputies and assistants, the Town Engineer, Chief of Police and Fire Chief and their authorized agents shall have the right and authority, at any reasonable hour, to enter any building, structure, premises, lot or land, whether already erected or put into use or in the course of erecting and putting into use, for the purpose of determining whether or not the provisions of this chapter are being complied with.
§ 505-111 Building permits.
A.
All procedures with respect to applications for an issuance of building permits shall be in conformity with the provisions of the State Uniform Construction Code. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.
B.
The plot plan shall show a separate lot for each main building; provided, however, that where a development consists of an integrated arrangement of dwellings, multiple dwellings or other buildings designed and intended to be maintained in a single ownership, the Zoning Officer may waive the requirement of showing separate lots for each separate main building.
C.
No building permit shall be issued for the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter.
D.
Where a lot is formed from part of a lot already improved, the separation must be effected in such a manner as not to impair any of the provisions of this chapter, whether related to the then-existing improvement or to a proposed or future new improvement on the lot so formed, and in such a manner that both the remainder of the former lot and the new lot so formed shall comply with the lot area and width provisions of this chapter.
E.
After completion of the foundation walls of a building or structure, the owner shall cause a survey to be made by a licensed land surveyor, showing the true location of such foundation walls with respect to the lot lines of the lot, and a copy of such survey shall be filed with the Zoning Officer before any further construction is commenced.
§ 505-112 Completion of certain buildings.
A.
Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure or the use thereof, provided that:
(1)
The construction of such building or structure shall have been begun and diligently prosecuted within three months from the date of such permit.
(2)
The ground-story framework, including the second tier of beams, shall have been completed within six months from the date of such permit.
(3)
The entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based within one year from the effective date of this chapter or any such amendment thereto.
§ 505-113 Certificates of occupancy.
A.
It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land or part thereof hereafter erected or altered, enlarged or moved, in whole or in part, after the effective date of this chapter, or any building, structure, premises, lot or land or part thereof of which the use is changed, until a certificate of occupancy has been obtained by the owner, as provided for under the State Uniform Construction Code.
B.
Conditions of issuance.
(1)
No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.
(2)
The Zoning Officer shall obtain a written order from the Planning Board before issuing a certificate of occupancy in a case involving a conditional use pursuant to Article XXI or a variance from the provisions of this chapter pursuant to Municipal Land Use Act (1975).[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
Upon written application by the owner or his authorized agent, the Zoning Officer shall issue a certificate of occupancy for any building or structure, lot or land existing and in use at the effective date of this chapter, provided that said Zoning Officer shall find that such building or structure, lot or land is in conformity with the applicable provisions of this chapter, or is a nonconforming building or structure as defined in this chapter or a nonconforming use as defined in this chapter, and in any case is in conformity with all other ordinances.
§ 505-114 Filing fees and review documents.
[Amended 1-1-1985 by Ord. No. 84-51; 8-1-1988 by Ord. No. 88-13; 5-21-1990 by Ord. No. 90-9; 10-5-1992 by Ord. No. 92-14; 8-5-2002 by Ord. No. 2002-07; 4-3-2006 by Ord. No. 2006-07; 4-16-2007 by Ord. No. 2007-06; 4-2-2019 by Ord. No. 2019-01]
A.
Every application for development shall be accompanied by a check payable to the Town of Belvidere in accordance with the following schedule; money in excess of $5,000 deposited by an applicant for professional services employed by the municipality to review applications for development shall be collected, held and distributed in accordance with N.J.S.A. 40:55D-53.1 and any amendments thereto.
Application Charge | Escrow Amount | ||
|---|---|---|---|
Subdivisions | |||
Minor plat | $200 | $1,500 | |
Preliminary plat | $500 | $1,500 plus $75 per lot, provided a minimum $2,000 shall be deposited | |
Final plat | $300 | $750 plus $75 per lot, provided a minimum $1000 shall be deposited | |
Informal presentation (one appearance only) | $100 | $500 | |
Concept plat for review | |||
Minor plat | $100 | $500 | |
Major plat | $100 | $1,500 | |
Amended preliminary major subdivision | $200 | $2,000 | |
Amended final major subdivision | $100 | $1,000 | |
Site plans | |||
Minor plan | $200 | $1,500 | |
Preliminary plan | $300 (residential) $400 (commercial) | 1,800/acre or part thereof, plus $75/du in the case of multiple-family units and/or $0.05/gross square feet of building area in the case of nonresidential buildings, provided a minimum $2,000 shall be deposited | |
Final plan | $200 | $900/acre or part thereof, plus $40/du in the case of multiple-family units and/or $0.025/gross square feet of building area in the case of nonresidential buildings, provided a minimum $1,000 shall be deposited | |
Informal presentation (one appearance only) | $100 | $500 | |
Concept plat for review | |||
Minor plan | $100 | $500 | |
Major plan | $100 | $1,500 | |
Amended preliminary major site and/or final major site plan | $200 | $2,000 | |
Condition uses | |||
Not including required site plan or subdivision plan review | $150 | $500 | |
Variances | |||
Appeals (N.J.S.A. 40:55D-70a) | $250 | $1,500 | |
Interpretation (N.J.S.A. 40:55D-70b) | |||
Residential | $250 | $1,500 | |
Commercial | $500 | $2,500 | |
Bulk (N.J.S.A. 40:55D-70c) first variance | $150 (residential) | $1,500 | |
$300 (commercial) | $2,500 | ||
Each Additional Variance | $50 | $150 | |
Use (N.J.S.A. 40:55D-70d) | $250 (residential) | $1,500 | |
$500 (commercial) | $2,500 | ||
Permit (N.J.S.A. 40:55D-34 and 35) | $250 | $1,500 | |
Certification (N.J.S.A. 40:55D-68) | $250 | $1,500 | |
General development plans | None required | None required | |
Approval of time extension | $100 | None required | |
Appeals to Town Council | $100 | None required | |
Zone change request | $250 | $2,500 | |
Certified list of property owners | $0.25/name or $10, whichever is greater | None required | |
Copy of minutes transcripts of decisions | $0.50/page | None required | |
Subdivision approval certificate | $50/certificate | None required | |
Historic reviews | $25 (residential) | None required | |
$75 (commercial) | None required | ||
Zoning permit | |||
Residential renovations/additions and accessory structures/buildings (less than $10,000) | $40 | None required | |
Residential renovations/additions and accessory structures/buildings (greater than $10,000) | $75 | None required | |
New single-family dwelling | $100 | None required | |
Commercial - new business or change of use | $75 | None required | |
Commercial renovations/additions and accessory structures/buildings (less than $100,000) | $100 | None required | |
Commercial renovations/additions and accessory structures/buildings (greater than $100,000) | $150 | None required | |
Commercial renovations/additions and accessory structures/buildings when covered by a site plan waiver per § 318-19 of the Code | $250 | None required | |
Commercial signage when covered during Board review/approval | $50 | None required | |
When covered by "change of message" | $50 | None required | |
Addition of sign or change to signage | $100 | None required | |
Temporary signs - grand opening banner | No fee | None required | |
Promotional banner | |||
12 square feet or less | $20 | None required | |
25 square feet or less | $35 | None required | |
Banners permitted under special events permit | No fee | None required | |
A $25 residential fee or $50 commercial fee will be charged for any resubmittal/amended zoning application or work commenced/done without prior zoning approval. | |||
Drive-through facilities | |||
For all application | None required | None required | |
Tax map revision fees | |||
In addition to the foregoing fees and escrow account deposits, a fee of $25, plus $10 per lot or unit, shall be assessed for all minor and major subdivision, residential unit site plans or condominium or cooperative residential or commercial development site plans to cover the cost of revising the Town Tax Map. In the case of major subdivision approval, this fee shall be paid prior to the signing of the final plat of the major subdivision by the Chairman and Secretary of the Planning Board and the Town Engineer. In all other cases, this fee shall be paid within 30 days of the date of adoption of the resolution of approval. | |||
Where one application for development includes several approval requests, the sum of the individual required fees shall be paid. | |||
Inspection fees | |||
All site improvements and utility installations for site plans, subdivisions, plot plans and other realty improvements shall be inspected during the time of their installation under the supervision of the Town Engineer to ensure satisfactory completion. The cost of said inspection shall be the responsibility of the owner who shall pay to the Town Treasurer a sum equal to 5% of the amount of the estimated developer construction costs as approved by the Town Engineer. | |||
B.
The application charge is a flat fee to cover Town administrative expenses and is nonrefundable.
C.
Escrow shall be deposited with the cost of any professional services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). Prior to an application being ruled complete, the escrow amounts set forth in Subsection A above shall be posted.
(1)
Escrow shall be posted with the Town in cash, certified check or money order.
(2)
All funds shall be deposited by the Chief Finance Officer in accordance with N.J.S.A. 40:55D-53.1.
(3)
All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction except to the extent consultation with a state agency is necessary due to the effect of state approvals in the subdivision or site plan.
(4)
If the municipality retains a different professional or consultant in the place of the professional originally responsible for the development application review, or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services.
D.
Reimbursement. The municipality shall be reimbursed for all payments to independent consultants in accordance with N.J.S.A. 40:55D-53.2. If the salary, staff support and overhead for a municipal professional are provided by the municipality, the charge shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary, which shall be established annually by ordinance, of each of the professionals by (2) the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be. For other professionals the charge shall be at the same rate as all other work of the same nature by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers.
E.
Definition of professional. All escrow funds shall be utilized by the appropriate board to pay the cost of any professional fees incurred by the Board for review and/or testimony. The term "professional," as used herein, shall include the services of a duly licensed engineer, surveyor, planner, attorney, appraiser or other expert who would provide professional services to ensure that an application complies with the standards set forth in Town ordinances and experts whose testimony may be solicited to give further information to the Approving Board in any area addressed by any of applicant's experts.
F.
Refund of escrow. The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved as provided in Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the Chief Financial Officer of the municipality and the approving authority, and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within 30 days, and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with section 1 of P.L. 1985, c. 315 (N.J.S.A. 40:55D-53.1), shall be refunded to the developer along with the final accounting. To facilitate the release of escrow applicants are requested to submit a signed escrow release voucher with the development application.
G.
Reimbursement for services. No subdivision plat or deed, or site plan, shall be signed, nor shall any zoning permits, based upon variances or interpretations of the zoning ordinance, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until:
(1)
All bills for reimbursable services have been received by the municipality from professional persons rendering services in connection with such application;
(2)
The applicant has reimbursed the municipality the excess by which the amount of the bills exceeds the amount escrowed. The applicant shall place on the record its agreement to be bound by the provisions of the Town's escrow ordinances.
H.
Charge for services. No professional personnel submitting bills to the Town under this section shall charge for any of the services referred to therein at any higher rate or in any different manner from that which would normally be charged to the municipality for similar work. Payment of any bill rendered by a professional to the municipality with respect to any service for which the municipality is entitled to reimbursement shall in no way be contingent upon receipt of reimbursement by the applicant, nor shall any payment for service be delayed pending reimbursement of the Town by an applicant.
I.
Payments.
(1)
The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). Such fees or charges shall be based upon a schedule established by resolution.
(2)
The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of development under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. The municipality or approving authority shall not bill the applicant, or charge any escrow account or deposit for any municipal clerical or administrative functions, over head expenses, meeting room charges or any other municipal costs and expenses except as provided herein, nor shall any municipal professional add such charges to his bill.
(3)
Each payment charged to the deposit for review of applications, review and preparation of document and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and for each date the services performed, the hours spent to 1/4 hour increments, the hourly rate and expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer of the municipality. If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the Chief Financial Officer of the municipality a statement containing the same information as required on a voucher, on a monthly basis.
(4)
The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to the applicant. The Chief Financial Officer of the municipality shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest, earnings, disbursements, and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required applications reviews or improvement inspections, the Chief Financial Officer of the municipality shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within 14 days post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
J.
Dispute of charges.
(1)
An applicant shall notify in writing the governing body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for services rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) The governing body, or its designee, shall within a reasonable time period attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the county construction Board of Appeals established under Section 9 of the P.L. 1975, c. 217 (N.J.S.A. 52:27D-127) any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the municipal engineer pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). An applicant or his authorized agent shall submit the appeal in writing to the county construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by Subsection c. of Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2), except that if the professional has not supplied the applicant with an informational copy of the professionals voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by Subsection c. of Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55-53.2). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(2)
The county construction Board of Appeals shall hear the appeal, render a decision thereon, and file its decision with a statement of the reasons therefore with the municipality or approving authority not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. The decision may approve, disapprove, or modify the professional charges appealed from. A copy of the decision shall be forwarded by certified or registered mail to the party making the appeal, the municipality, the approving authority, and the professional involved in the appeal. Failure by the Board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of the appeal for purposes of a complaint, application, or appeal to a court of competent jurisdiction.
(3)
The county construction Board of Appeals shall provide rules for its procedure in accordance with this section. The Board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, and the provisions of the "County and Municipal Investigations Law," P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(4)
During the pendency of any appeal, the municipality or approving authority shall continue to process, hear, and decide the application for development, and to inspect the development in the normal course, and shall not withhold, delay, or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality is made, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
§ 505-115 Violations and penalties.
[Amended 8-3-1987 by Ord. No. 87-11]
Any owner or agent and any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or use any lot or lands in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall be liable to a fine of not more than $500 or to imprisonment for not more than 90 days, or to both such fine and imprisonment. Each and every day such violation continues shall be deemed a separate and distinct violation.