Bordentown Township
City Zoning Code
City Zoning Code
ARTICLE X
Administration, Waivers, Enforcement, Violations and Penalties
§ 500-1001 Administration.
These rules, regulations and standards shall be considered to be 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.
§ 500-1002 Waivers.
A.
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 exceptions and waivers from the requirements for subdivision or site plan approval as specified in Articles V and VIII 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 the requirements is impracticable or will exact undue hardship; however, any exception granted by the Planning Board must be reasonable, must not be substantially detrimental to the public good and must be within the general purpose and intent of the rules, regulations and standards established by this chapter.
B.
The Planning Board shall also have the power to grant exceptions and waivers whenever acting upon applications for preliminary or minor subdivision approval or for preliminary site plan approval in connection with applications for a use or "d" variance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 500-1003 Enforcement.
[Ord. No. 2002-14, 7-8-2002]
A.
The Construction Official and the Code Enforcement Officer. It shall be the duty of the Construction Official and the Code Enforcement Officer of the Township to administer and enforce the provisions of this chapter. No new structure shall be erected and no improvements to the interior of an existing building shall be constructed unless a construction permit is obtained from the Construction Official in accordance with the New Jersey State Uniform Construction Code. No structure or lot shall be used in violation of this chapter.
(1)
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, which data constitute public records of the Township. A monthly report of construction permits shall be filed with the Tax Assessor and the Township Committee.
(2)
It shall be the duty of the Code Enforcement 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 Code Enforcement Officer shall have the right to enter any building or premises during reasonable hours, subject to due process of law. The order shall specify that the owner must contact the Code Enforcement Officer within 15 days after service of the order to propose a plan to remedy the violations cited.
(3)
In the event that an owner cited for violations of this chapter fails to propose a remedial plan within 15 days, or in the event that the plan proposed is deemed unacceptable to the Zoning Officer, the Zoning Officer shall so inform the Township Administrator and Township Attorney. The Township Attorney shall advise the Township Administrator and Zoning Officer of the legal options available to facilitate remedial action in each individual case.
B.
Construction permits. Construction permits shall be required as provided by the State Uniform Construction Code, its subcodes, and regulations promulgated pursuant thereto. Fees for construction permits shall be as set forth in the Code of the Township of Bordentown.
C.
Escrow deposits and performance guarantees required. Deposits for all estimated inspection fees and for all performance guarantees required by this chapter shall be posted with the Township before any work begins on any construction or any site work in accordance with any approved development plan.
D.
Certificate of occupancy.
(1)
Upon the completion of any building, structure or alteration in compliance with this chapter and any other ordinance, rule or regulation, the owner or the owner's agent may apply to the Construction Official, in writing, for the issuance of a certificate of occupancy for the structure, building or alteration pursuant to the provisions of this section, but only when:
(a)
The structure or part(s) thereof and the proposed use conform to this chapter and all other Township codes and ordinances;
(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;
(c)
All local taxes and assessments on the property have been paid; and
(d)
A letter from each utility, public or private, providing service to the property has been received by the Township certifying that the utility service has been inspected in accordance with the approved plan and is ready for use.
(2)
Every application for a certificate of occupancy shall be accompanied by payment of the fee set forth in the Code of the Township of Bordentown.
(3)
The Construction Official shall issue a certificate of occupancy to the owner of every structure, building or alteration entitled to receive a certificate of occupancy, within the time and in accordance with 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 improvements required as part of subdivision and/or site plan approval. The developer shall file with the administrative officer and with the Township Engineer an as-built plan, certified by a licensed professional engineer. If the as-built plan differs in any way from the approved plan, no certificate of occupancy shall be issued until the Township Engineer approves the as-built plan. The as-built plan shall show the location of all structures, in addition to the following:
(a)
Curbs.
(b)
All utilities.
(c)
Water supply and sewerage 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 § 500-1003D(1), to the extent that the improvements are required as part of the subdivision approval:
(6)
A copy of the 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, the 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 there has not been compliance with all conditions of the approval. A 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 uncompleted improvements and the receipt of an appropriate performance guarantee 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 the 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.
§ 500-1004 Subdivision approval certificates.
A.
A prospective purchaser, prospective mortgagee or 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 the subdivision has been approved by the Planning Board.
B.
The application for a subdivision approval certificate 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, as provided in § 500-901, shall be paid to the administrative officer, on behalf of the Township, for the certificate.
§ 500-1005 Violations and penalties; remedies.
A.
It shall be a violation of this chapter for any building or structure to be erected, constructed, altered, repaired, converted or maintained, or for any building, structure or land to be used, occupied, transferred or sold, except in conformity with the requirements of this chapter and any permits, certificates or authorizations as may be issued pursuant thereto.
B.
It shall be a violation of this chapter for any property to be used in a manner not shown on the approved site plan.
C.
All properties with approved site plans must be maintained in accordance with the approved site plan, including, but not limited to, the maintenance of the landscaping and lighting elements of the approved site plan. Whenever landscaping elements must be replaced, the replacement elements shall be of a size reasonably comparable to the elements that have survived and which do not require replacement.
D.
Parking spaces shown on an approved site plan for automobile parking are not to be used for trucks or other oversized vehicles. Trucks and other oversized vehicles shall be parked only where specifically provided for on an approved site plan.
E.
The Township of Bordentown, in addition to other remedies, may prosecute any violation of this chapter by filing a complaint against the alleged violator in Bordentown Township Municipal Court.
F.
Any person who shall be adjudged by the Bordentown Township Municipal Court to have violated any provision of this chapter shall be subject to the penalty set forth in Chapter 1, Article II, General Penalty, of the Code of the Township of Bordentown, and/or the remedies set forth in this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
In addition to the remedies set forth above and in addition to other remedies, the Township of Bordentown and/or any interested party may initiate an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate any violation; to prevent the occupancy of any building, structure, or land; or to prevent any illegal act, conduct, business or use in or about the premises.
H.
Procedure for the recovery of the costs of abatement and correction of violations.
(1)
Where a violation of this chapter or the regulations hereunder is found to exist, a written notice from the Code Enforcement Officer shall be served on the person or persons responsible for the correction thereof.
(2)
The notice shall specify the violation or violations committed, what must be done to correct the violations, a reasonable period of time, not to exceed 30 days, to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order 10 days after service unless a hearing is requested. The notice shall also advise the recipient that if the violation is not corrected or abated, the Township may do same, the costs of which shall become a lien on the subject property.
(3)
Notice may be served personally or by mail with postage prepaid, addressed to the last known address of the person to be served. The "last known address" shall be the address of the owner as shown in the office of the Tax Collector. If the last known address cannot be ascertained, service may be accomplished by printing the notice in the newspaper designated for official notices of hearings under this chapter at least one time. Service upon any owner, operator or occupant may also be attained by service of any notice upon a member of the family over 14 years old of the owners, operator or occupant. The date of service of notice shall be determined where service is by mail as of the day following the day of mailing of notices to addresses within the Township, and as of the third day after the day of mailing for notices to addresses outside the Township. Where the day of service would fall upon a Sunday or other day where mail is not ordinarily delivered, then the day of service shall be the next regular delivery day.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Ten days after the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon, serves a written request within the ten-day period in person or by mail on the Township Administrator. The request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Township Committee, upon receipt of the request shall within 30 days therefrom and upon five days' notice to the party aggrieved hold the hearing.
(5)
At any hearing the Township Committee shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any hearing which may be pertinent to matters to be determined and to enforce any subpoena or secure any order for the enforcement of any subpoena as provided by law. A determination shall be made within 15 days from the completion of the hearing. The Township Committee shall issue an order either incorporating the determinations and directions contained in the notice, modifying the notice or withdrawing the notice.
(6)
The Township Administrator or the Township Committee may extend the time for correction or abatement of the violations for an additional period of time not to exceed 60 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 180 days beyond the expiration date of the original notice.
(7)
Where the violation or condition existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Township Committee may either abate the violation or condition immediately or order the owner, operator or occupant to correct the violation or condition immediately within a period of time not to exceed three days, and upon failure to do so, the Township Committee may abate the condition immediately thereafter.
(8)
Where abatement of any nuisance, correction of a defect in the premises or the maintenance of the premises in a proper conditions as to conform to this chapter, an approved site plan, other Township ordinances or state law requires expending Township monies therefor, the enforcing officer shall present a report of work proposed to be done to accomplish the foregoing to the Township Committee with an estimate of the costs along with a summary of the proceedings undertaken to secure compliance including notices served upon the owners, operators, lessors or agents, as the case may be, and hearing and orders of the Township Committee. The Township Committee may thereupon order the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with ordinances of the Township and laws of the state. The enforcing officer may thereafter proceed to have the work performed in accordance with the order at Township expense not to exceed the amount specified in the order, and shall upon completion thereof submit a report of the monies expended and costs to the Township Committee. After review of the same, the Township Committee may approve the expenses and costs whereupon they shall become a lien against the premises collectible as provided by law for the collection of tax liens. A copy of the resolution approving the expenses and costs shall be certified by the Township Clerk and filed with the tax collector of the Township who shall be responsible for the collection thereof, and a copy of this resolution shall be sent by certified mail to the owner at the last known address of the owner as shown on the tax records of the Township.
I.
If the Township chooses to impose a fine in an amount greater than $1,250 upon an owner for violations of this chapter, it shall provide a 30-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 500-1006 Selling before subdivision approval; penalty.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
C.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or the developer's assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.