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Berlin Township City Zoning Code

ARTICLE XXIV

Administration and Enforcement

§ 340-160 Building Inspector as enforcing authority.

The provisions of this chapter shall be administered and enforced by the Building Inspector of the Township of Berlin.

§ 340-161 Duties of Building Inspector.

It shall be the duty of the Building Inspector to:
A. 
Ascertain whether the proposed building, alteration or condition complies with the provisions of this chapter.
B. 
Issue such permits only for the construction, alterations, additions or uses which are in accordance with the provisions and requirements of this chapter.
C. 
Keep a record of all applications for permits and a record of all permits issued, with a notation of all special conditions involved.
D. 
File and safely keep copies of all plans submitted.
E. 
Prepare a monthly report for the Mayor and members of Township Council, summarizing for the period since his last previous report all building permits and certificates issued by him and all complaints of violations and the action taken by him consequently thereon.
F. 
Inspect and examine any building or structure and order in writing the remedying of any condition found to exist in violation of any provisions or requirements of this chapter.

§ 340-162 Right of entry.

The Building Inspector shall have the right to enter any building or premises during the daytime in the course of his duties.

§ 340-163 Permits.

[Amended 5-8-2006 by Ord. No. 2006-3]
A. 
A zoning permit issued by the Township Zoning Officer shall be required prior to the commencement of the erection, construction, reconstruction, exterior alteration, conversion or installation of a structure or a building or any portion thereof, and prior the use or change in use of any building or land. The zoning permit shall acknowledge that such use, structure, or building complies with the provisions of this chapter or variance therefor duly authorized by the Township's Zoning/Planning Board.
B. 
Applications for a permit shall be made in writing on the form supplied by the Township of Berlin, and the same shall be filed with the Zoning Officer, together with a plot plan or survey drawn to scale, showing existing and/or proposed buildings including front, rear and side setbacks, actual dimensions radius and angles of the lot to be built upon, the exact size and location of the building or buildings in its or their exact relation to the lot and street line. Where the average front yard depth of the existing buildings do not comply with the district regulations, then the existing building in the same block front with 200 feet on either side of the side lot lines of the premises of the applicant shall be shown.
C. 
The above-mentioned application shall be in such form as the governing body shall prescribe and shall contain such information as the governing body shall, by resolution, from time to time designate.
D. 
A permit shall be granted or refused within 30 days after the written application has been filed with the Zoning Officer.
E. 
The fees for the issuance of a zoning permit shall be set by resolution of the governing body.

§ 340-164 Certificates of occupancy.

[Amended 6-8-1998 by Ord. No. 1998-10]
A. 
No building or structure hereafter constructed shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Township construction Official. No building or structure hereafter altered, in whole or in part, shall be used or occupied until such a certificate has been issued, except that any use or occupancy in an already existing building or structure that was not discontinued during its alteration, may be continued in the preexisting structure for 30 days after completion of the alteration without the issuance of a certificate of occupancy. A certificate of occupancy shall be issued by the Township Construction Official when all of the work covered by a construction permit shall have been completed in accordance with the issued permit, the New Jersey Uniform Construction Code, and other applicable laws and ordinances. On request of a holder of a construction permit, the Township Construction Official may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the construction permit has been completed, if the part or parts of the building or structure to be covered by the certificate may be occupied prior to completion of all work in accordance with the permit, the New Jersey Uniform Construction Code and other applicable laws and ordinances, without endangering the health and safety of the occupants or users.
B. 
Issuance or nonissuance. A written application shall be filed with the Township Construction Official for the issuance of a certificate of occupancy by the Township. When a building or structure is entitled thereto, the Township Construction Official shall issue a certificate of occupancy within 10 days following receipt of such a written application in accordance with the requirements of the New Jersey Uniform Construction Code. The certificate of occupancy shall certify that the building or structure has been constructed in accordance with the provision of the construction permit, the New Jersey Uniform Construction Code, and other applicable laws and ordinances.
C. 
Fees. All applications for a certificate of occupancy shall be accompanied by the payment of the appropriate fee as established by the Township governing body by ordinance. The Schedule of Fees shall be posted in the office of the Township Construction Official and be accessible to the public. Fees for all single family residential dwellings and all residential living units shall be as set forth in Chapter 156, Fees. Fees for all commercial units shall be as set forth in Chapter 156, Fees.
[Amended 4-29-2019 by Ord. No. 2019-3]
D. 
A continuing certificate of occupancy shall be required for all commercial establishments in the event of a change in the business use and/or change in the ownership of said business. An application for a continuing certificate of occupancy shall be filed with the Township Construction Official together with the payment of the appropriate fee. The fee for a continuing certificate of occupancy for a commercial establishment shall be as set forth in Chapter 156, Fees. All commercial certificates of occupancy and all mercantile licenses shall be amended to include a statement indicating the requirement for a continuing commercial certificate of occupancy for the reasons set forth hereinabove.
[Amended 4-29-2019 by Ord. No. 2019-3]
E. 
A continuing certificate of occupancy shall be required for all apartment buildings with more than two apartment units at such time as a change of tenancy in any apartment unit. An application for a continuing certificate of occupancy shall be filed with the Township Construction Official together with the payment of the appropriate fee. The fee for a continuing certificate of occupancy for an apartment unit shall be as set forth in Chapter 156, Fees.
[Amended 4-29-2019 by Ord. No. 2019-3]
F. 
Prior to the issuance of a certificate of occupancy, the applicant shall have obtained a certificate of compliance from the Township Building Inspector or Township Zoning Officer, as appropriate. The certificate of compliance shall confirm that any construction, reconstruction, alteration, conversion or installation of a structure, building, or on-site or off-site improvements have been accomplished in accordance with the zoning permit and conditions of the municipality or that sufficient guaranties have been issued to the Township to secure their completion, as may be required by this chapter or Chapter 200, Land Use and Development. The fees for issuance of a certificate of compliance shall be as set forth in Chapter 156, Fees.
[Added 5-8-2006 by Ord. No. 2006-3; amended 4-29-2019 by Ord. No. 2019-3]

§ 340-165 Temporary use permits.

It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activity for a limited period of time, which uses may be prohibited by other provisions of this chapter.
A. 
Such uses are of such a nature and are so located that, at the time of petition, they will:
(1) 
In no way exert a detrimental effect upon the use of land and activities normally permitted in the zone.
(2) 
Contribute materially to the welfare of the Township of Berlin particularly in a state of emergency, under conditions peculiar to the time and placed involved.
B. 
The Mayor and members of Township Council may, by resolution, after written application, issue a permit for a period not to exceed three months. Such period may be extended not more than once for an additional period of three months.

§ 340-166 Other standards and procedures.

In addition to all provisions of this chapter, all special procedures as defined in Article VII of Chapter 200, Land Use and Development, shall be followed.

§ 340-167 Conditional approvals.

[Added 12-8-1997 by Ord. No. 1997-30]
A. 
Conditions precedent.
(1) 
Whenever any application for development is approved subject to specified conditions intended to be fulfilled before the approval becomes effective, said conditional approval shall lapse and become null and void unless all specified conditions, other than those contemplated by N.J.S.A. 40:55D-22b, are fulfilled within 90 days of the date of conditional approval, unless otherwise specified by the Board.
(2) 
Proof that applications have been filed with all other agencies having jurisdiction over any aspect of the application for development shall forthwith be filed with the Board.
(3) 
The fulfillment of all other conditions precedent shall forthwith be reported in writing to the Board which may cause such report to be verified in an appropriate manner. Only upon fulfillment of all conditions shall be subdivision map or site plan be signed or any required building permit, occupancy permit or zoning permit be issued.
(4) 
When all conditions precedent have been fulfilled with respect to any minor or major subdivision, the applicant shall, within 30 days of the fulfillment of all such conditions, submit his deed or map for signature in accordance with N.J.S.A. 40:55D-48 or 40:55D-54, or any such approval shall lapse and be of no force and effect; provided, however, that the applicant may, for good cause shown, obtain an extension before the lapse of said thirty-day period within the reasonable exercise of the Board's judgment.
B. 
Conditions subsequent.
(1) 
Whenever any application for development is approved subject to conditions, which by their terms are incapable of being fulfilled or are not required to be fulfilled prior to the final approval of the application and the performance of which are not guaranteed by bonds or securities of any type, the failure to fulfill any such condition within six months from the date of the final approval of the application for development shall be grounds for the issuance of a stop-work order by the enforcing official and the withholding of any zoning permit, certificate of occupancy or any other approval until such condition or conditions are fulfilled. In the event the development has already received a zoning permit, certificate of occupancy or other approvals, as applicable, and any required condition of development approval remains unfulfilled by virtue of extensions of time granted by the Board, the failure to fulfill the conditions shall be a violation of this chapter and subject to penalties as set forth herein.
[Amended 10-16-2002 by Ord. No. 2002-18]
(2) 
Nothing herein contained shall be construed as preventing the Board from specifying a longer period of time within which any specific condition must be fulfilled, or from granting, upon an ex parte application, an extension of time for good cause shown.
(3) 
The fulfillment of all conditions shall be reported in writing to the Board which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required occupancy permit, zoning permit or other remaining required approval be issued.
C. 
Counting the time. For purposes of calculating the time period within which conditions must be fulfilled, such time periods shall commence from the date on which the resolution of approval was adopted.