Bethlehem Township City Zoning Code
ARTICLE X
Administration and Enforcement
§ 102-56 Administration.
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.
§ 102-57 Waivers.
The Planning Board, when acting upon applications for preliminary or minor subdivision approval or upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for such subdivision or site plan approval as specified in Articles V and VIII of this chapter if an applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of said requirements is impracticable or will exact undue hardship; however, any exception granted by the Planning Board must be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter. The Zoning Board of Adjustment shall have the powers to grant the same exceptions when acting upon applications for preliminary or minor subdivision approval or for preliminary site plan approval in connection with review of an application for a use variance in accordance with § 102-41D and N.J.S.A. 40:55D-70d.
§ 102-58 Enforcement.
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. No building or structure shall be erected or altered unless a construction permit is obtained from the Construction Official, and no structure or lot shall be used in violation of this chapter.
[Amended 2-7-1991 by Ord. No. 255-91]
(2)
It shall be the duty of the Construction Official to keep a record of all applications and all construction permits which are either issued or denied, with notations of any conditions involved. Such data shall form a part of the township's public records and shall be retained so long as the structure to which they relate remains in existence. A monthly report of construction permits shall be filed with the Tax Assessor and the Township Committee.
(3)
It shall be the duty of the Zoning Officer to inspect the structures and land in the township and to 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 any building or premises during reasonable hours, subject to due process of law. Said order shall specify that the owner must contact the Zoning Officer within 15 days after service of the order to propose a plan to remedy the violations cited.
(4)
Upon notice being served of any land use existing in violation of any provision(s) of this chapter, the certificate of occupancy for such use 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 or land.
B.
Construction permits. Construction permits shall be required as provided by the State Uniform Construction Code, its subcodes and regulations promulgated pursuant thereto.[1]
(1)
Every application for a construction permit shall be accompanied by two sets of plans drawn in ink or a blueprint, showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of all existing and proposed structures and substructures, all existing easements, the existing or intended use of each structure, the number of dwelling units the structure is designed to accommodate, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. All dimensions on these plans relating to the location and size of the lot to be built upon shall be based on a survey of the lot by a licensed surveyor in the State of New Jersey.
(2)
A fee shall be charged for each construction permit in accordance with the applicable ordinances of the township.
(3)
A construction permit shall be granted or denied in writing within 10 days of a complete application unless additional time is agreed to in writing by the applicant. One copy of such plan shall be returned to the owner when such plans have been approved or denied by the Construction Official, together with such permit as may be granted.
(4)
The lot and the location of the structure(s) thereon shall be staked out on the grounds before construction is started, and a copy of the construction permit shall be posted conspicuously on the premises affected whenever construction work is being performed thereon.
(5)
No construction permit shall be issued for any structure until 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 and until all review and inspection fees on the property have been paid.
C.
Certificate of occupancy.
(1)
Upon completion of any building, structure or alteration in compliance with this chapter and any other applicable ordinance, rule or regulation, the owner or his agent shall obtain from the Zoning Officer a certificate of occupancy clearance and, upon receipt, 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:
[Amended 2-7-1991 by Ord. No. 255-91]
(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; and
(c)
All local taxes and assessments on the property have been paid.
(2)
A fee shall be charged for each certificate of occupancy in accordance with the applicable ordinances of the township.
(3)
The Construction Official shall issue a certificate of occupancy to the owner of every structure, building or alteration entitled to the same, within the time and according to the procedures set forth in the New Jersey State Uniform Construction Code and in this chapter.
(4)
With respect to any finally approved subdivision and/or site plan or subsection thereof, a certificate of occupancy shall be issued only upon the completion of the following improvements, as such improvements may be required as part of subdivision and/or site plan approval:
(a)
Curbs.
(b)
All utilities.
(c)
Water supply and sewage 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.
(5)
With respect to any individual residential lot within a subdivision, a certificate of occupancy shall be issued only upon the completion of the following improvements, in addition to those listed in Subsection C(4) hereinabove, to the extent that the same are required as part of the subdivision approval:
(6)
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.
(7)
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.
(8)
A temporary certificate of occupancy may be issued for a new structure or use for which site approval has been granted although not all conditions of said approval have been complied with. Such temporary certificate of occupancy shall be issued only in extenuating circumstances and only with the approval of the Construction Official, who shall establish specific terms and conditions, including but not limited to a time limit for the installation of the incompleted improvements and the receipt of an appropriate performance guaranty assuring the installation of the improvements as indicated on the approved plat or plan.
(9)
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 established by resolution of the Township Committee, except that there shall be no charge to a municipal agency.
(10)
The following shall be unlawful until a certificate of occupancy is issued by the Construction Official:
(a)
Occupancy and use of a building erected, constructed, restored, altered or moved, or any changes in use of an existing building.
(b)
Occupancy, use or change in use of vacant land, other than for agricultural purposes.
(c)
Any change in the use of a nonconforming use.
(d)
Occupancy and use of any enlargement to an existing structure.
§ 102-59 Subdivision approval certificates.
A.
A prospective purchaser, prospective mortgagee or any other person interested in any land in the township which has been part of a subdivision in effect as of July 14, 1973, 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 fee of $15 shall be paid to the administrative officer, on behalf of the township, for the requested certificate.
§ 102-60 Violations and penalties.
Any person, owner or occupier of land adjudged to have violated any of the terms and provisions of this chapter may be subject to a fine of up to $1,000 per day for each violation. The continuation of said violation shall be considered a separate offense for each day said violation remains in existence.
§ 102-61 Amendments.
This chapter may be amended from time to time by the Township Committee after the appropriate referrals, notices, hearings and other requirements of law.