Chester Township City Zoning Code
ARTICLE 33
Administration
§ 113-215 Enforcement.
The provisions of this Part 5 shall be administered and enforced by the Zoning Officer or his or her duly authorized agent. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use thereof would be in violation of any provision in this chapter. It shall be the duty of the Zoning Officer, or his or her duly authorized assistants, to cause any building plans or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of any provision of this Part 5. The Zoning Officer shall have the right to enter any building or premises during the daytime in the course of his or her duties.
§ 113-216 Permits.
[Amended 5-7-1991 by Ord. No. 2:19Z-91; 6-2-1997; 2-1-2005; 3-21-2006; 4-17-2007 by Ord. No. 2007-10; 9-3-2013 by Ord. No. 2013-6; 12-2-2014 by Ord. No. 2014-10; 11-19-2024 by Ord. No. 2024-27]
A.
Zoning permits.
(1)
Zoning permits shall hereafter be secured from the Zoning Officer prior to construction, erection or alteration of any structure or part of a structure or sign or upon a change in the use of the structure or land. If the structure or land is located within an area of wetlands or transition area adjacent thereto, as shown on a map entitled "Potential Wetlands," and the proposed structural erection or alteration would disturb such land, then no such permit shall be issued unless the applicant has submitted either:
(a)
A letter of interpretation issued by the Department of Environmental Protection determining that the site of the proposed activity is not in a freshwater wetland or transition area;
(b)
A general permit authorizing the proposed activity issued pursuant to N.J.S.A. 13:9B-23c(3) and rules adopted by the Department of Environmental Protection; or
(c)
An individual permit authorizing the proposed activity issued pursuant to N.J.S.A. 13:9B-23B(g) and rules adopted by the Department of Environmental Protection.
(2)
The action of the Zoning Officer in issuing a zoning permit shall not be construed as a confirmation of the presence or absence of freshwater wetlands or transition areas on the site of the proposed activity.
(3)
Roof dry wells. All stormwater runoff from roof areas for any new building or building addition, except as may be exempted pursuant to § 113-204I, shall provide roof dry wells in accordance with § 113-204H of the Land Use Ordinance; the design of which shall be reviewed and approved by the Township Engineer prior to the issuance of a zoning permit.
(4)
The Zoning Official shall jointly determine with the Construction Official whether construction is "new construction" as that term is defined by § 192-1.1 of the Code of the Township of Chester.
(5)
Payment of taxes, utilities, and any outstanding developer fees, including but not limited to owed construction/zoning permit fees, must be made current in order to issue a new zoning permit.
B.
Special permits.
(1)
Applications. Applications for any special permit, as permitted by this Part 5, shall be made to the Zoning Board of Adjustment through the Zoning Officer.
(2)
Referral to Planning Board. The Zoning Board of Adjustment shall refer the matter to the Planning Board for report thereon as to its effect on the comprehensive planning of the Township.
(3)
Hearing and decision. After receipt of such report, the Zoning Board of Adjustment shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear cases and make exceptions to the provisions of the zoning ordinance. The Zoning Board of Adjustment may thereafter direct the Zoning Officer to issue such permit if in its judgment any one of such cases will not be detrimental to the health, safety or general welfare of the Township, and is deemed necessary for its convenience.
(4)
Conditions; denial of application. In approving any such application, the Zoning Board of Adjustment may impose any conditions that it deems necessary to accomplish the reasonable application of applicable standards as provided in this Part 5 and may deny any such application, but only in accordance with such standards.
(5)
Difference between Planning Board and Zoning Board of Adjustment. In the event that the decision of the Zoning Board of Adjustment does not correspond with the recommendation of the Planning Board, such decision shall be approved by majority vote of the full authorized membership of the Zoning Board of Adjustment.
C.
Temporary use permits. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this Part 5. If 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 uses of land and activities normally permitted in the zone.
(2)
Contribute materially to the welfare of the Township, particularly in a state of emergency, under conditions peculiar to the time and place involved, then the Township Council may, subject to all regulations for the issuance of special permits, direct the Zoning Officer to issue a permit for a period not to exceed six months. Such period may be extended not more than once for an additional period of six months.
D.
Certificates of occupancy.
(1)
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. The certificate of occupancy shall state that the use, building and premises comply with all provisions of this chapter and all other applicable Township and state requirements.
(3)
No certificate of occupancy shall be issued by the Construction Official until he/she or she has ascertained that all requirements of this article are fully complied with. Any other applicable Township or state regulations, Board of Adjustment order, Township Council order, Zoning Official order, Township Engineer order or plot plan approved by the Planning Board shall be complied with prior to the issuance of a certificate of occupancy.
(4)
On serving of notice by the Zoning Official to the owner of any violation of any provisions or requirements with respect to any building, or of the use thereof or of the land, as specified in this Part 5, the certificate of occupancy for such use shall be deemed to be in violation of this Part 5, and subject to the penalties hereinafter prescribed. A new certificate of occupancy shall be required for any further use of such building or land.
§ 113-217 Records.
A.
Permit conditions; plans. It shall be the duty of the Zoning Officer to keep a record of all applications for zoning permits, a record of all permits issued and a record of all occupancy permits issued, together with a notation of all special conditions involved. He/she or she shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his or her office and shall be available for the use of the Township Council and of other officials of the Township, county or state.
B.
Monthly report. The Zoning Officer shall prepare a monthly report for the Township Council summarizing for the period since his or her last previous report all zoning permits issued and all complaints of violations and the action taken by him/her or her consequent thereon. A copy of each such report shall be filed with the Township Tax Assessor at the same time it is filed with the Township Council.
§ 113-218 Affordable Housing Trust Fund; development permit fee.
[Amended 6-5-1995 by Ord. No. 2:19P1-95; 4-2-1996; 6-2-1997; 7-5-2005; 11-19-2024 by Ord. No. 2024-27]
A. COAH DEVELOPER DEVELOPMENT FEES EQUALIZED ASSESSED VALUE JUDGMENT OF REPOSE SUBSTANTIVE CERTIFICATION
Definitions. As used in this section, the following terms shall have the meanings indicated:
The New Jersey Council on Affordable Housing.
The builder, contractor, homeowner or person responsible for the construction.
Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.
The value of a property determined by the Chester Township Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction costs. Final equalized assessed value will be determined at project completion by the Chester Township Tax Assessor.
A judgment issued by the Superior Court approving Chester Township's plan to satisfy its fair share obligation.
A determination by COAH approving Chester Township's housing element and fair share plan in accordance with the provisions of the Fair Housing Act and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.
B.
Retention of fees. Any fees collected prior to the adoption of this section shall be retained by Chester Township pursuant to COAH's Resolution Amending Approval of Retention of Development Fees, which was adopted by COAH on September 8, 1994.
C.
Residential development fees.
(1)
Within all residential zoning districts, more specifically known as R-1, R-2, R-3, R-5 and WR, and any other residential districts created subsequent to the adoption of this section, developers shall pay a development fee of 1% of the equalized assessed value of any eligible residential activity pursuant to Subsection E herein.
(2)
Chester Township may allow developers of sites zoned for inclusionary development to pay a fee in lieu of building low- and moderate-income units, provided that COAH determines that Chester Township's housing element and fair share plan provides a realistic opportunity for addressing Chester Township's fair share obligation. The fee may equal the cost of subsidizing the low- and moderate-income units that are replaced by the development fee.
D.
Nonresidential development fees. Developers within all nonresidential zoning districts, more specifically known as B, LB and IL, shall pay a fee of 2% of equalized assessed value for eligible nonresidential activities as provided herein.
E.
Exactions and exemptions.
(1)
All construction of residential or commercial buildings shall be subject to the development fee except as provided herein.
(2)
Developers of low- and moderate-income units shall be exempt from paying development fees.
(3)
Developers that expand or add on to an existing structure shall pay a development fee. Expansion or addition shall refer to enclosed areas only. Decks, patios, porches or other nonenclosed areas shall be exempt from the development fee. Garages, pool houses, storage sheds, greenhouses and barns that exceed 200 square feet shall be subject to payment of the development fee. The development fee shall be calculated based on the increase in the equalized assessed value of the improved structure.
(4)
Developers that have received preliminary or final approval or were issued a building permit prior to the effective date of this ordinance shall be exempt from paying a development fee unless the developer seeks a substantial change in the approval or permit.
(5)
Within the P Zoning District, developers shall be exempt from paying a development fee.
F.
Collection of fees. At the issuance of certificates of occupancy, the Tax Assessor shall calculate the equalized assessed value and the appropriate development fee. The developer shall be responsible for paying the fee at the time of issuance of the certificate of occupancy. The certificate of occupancy shall not be issued until the development fee is paid.
G.
Chester Township Affordable Housing Trust Corporation.
(1)
The interest-bearing trust fund previously created is hereby continued. It shall continue to be held in a depository approved by the Township for the purpose of receiving development fees from residential and nonresidential developers. All development fees paid by developers pursuant to this section shall be deposited into this fund. No money shall be expended from the housing trust fund unless the expenditure conforms to a spending plan approved by COAH.
(2)
If COAH determines that the Township of Chester is not in conformance with COAH's rules on development fees, COAH is authorized to direct the manner in which all development fees collected pursuant to this section shall be expended. Such authorization is pursuant to this section, COAH's rules on development fees and the written authorization from the governing body to MidLantic National Bank, Long Valley Branch.
H.
Use of funds.
(1)
Money deposited in the Affordable Housing Trust Corporation may be used for any activity approved by COAH for addressing the Township of Chester's low- and moderate-income housing obligation. Such activities may include but are not necessarily limited to housing rehabilitation; new construction; regional contribution agreements; the purchase of land for low- and moderate-income housing; extensions and/or improvements of roads and infrastructure to low- and moderate-income housing sites; assistance designed to render units to be more affordable to low- and moderate-income people; and to provide funds for the purchase, construction, expansion and/or alteration of group homes for developmentally disabled persons; construction, expansion and/or alteration of housing for senior citizens; and administrative costs necessary to implement the Township of Chester's housing element. The expenditure of all money shall conform to a spending plan approved by COAH.
(2)
At least 30% of the revenues collected shall be devoted to render units more affordable. Examples of such activities include but are not limited to down payment assistance, low-interest loans and rental assistance.
(3)
No more than 20% of the revenues shall be expended on administrative costs necessary to develop, revise or implement the housing element. Examples of eligible administrative activities include personnel, consultant services, legal fees, space costs, consumable supplies and rental or purchase of equipment.
(4)
Development fee revenues shall not be expended to reimburse the Township of Chester for housing activities that preceded substantive certification.
§ 113-219 Interpretations.
In interpreting and applying the provisions of this Part 5, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this Part 5 to interfere with, abrogate, annul or repeal any rules or regulations previously adopted and not in conflict with any of the provisions of this Part 5, or which shall be adopted, pursuant to law relating to the use of buildings or premises, nor is it intended by this Part 5 to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that where this Part 5 imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by such other ordinances or such easements, covenants or other agreements, the provisions of this Part 5 shall control.
§ 113-220 Violations and penalties.
[Amended 5-17-1994 by Ord. No. 2:19G1-94; 3-21-1995 by Ord. No. 2:19L1-95; 12-17-1996]
A.
For any and every violation of the provisions of this chapter, the owner, contractor or other person or persons interested as lessee, tenant or otherwise in any building or premises where such violation has been committed or shall exist and who refuses to abate such violation within five days after written notice has been served upon him/her or her, either by registered mail or by personal service, shall for each and every violation be subject to a fine of not more than $500 or imprisonment in the County Jail for a term not to exceed 90 days, or both, at the discretion of the Municipal Court or judicial officer before whom a conviction may be had. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.
B.
If a violation of the same provisions of this chapter reoccurs, further notice to abate need not be issued, and a Municipal Court complaint from the Zoning Officer may be issued immediately.
C.
Any person who has been found guilty or who has pleaded guilty to any violation or violations of this chapter and who thereafter again violates the same provisions of this chapter to which the person was found guilty or pleaded guilty shall receive a Municipal Court complaint from the Zoning Officer without prior written notice being required.
D.
The Zoning Officer may issue in one complaint as separate and specific violations of this chapter the dates for each and every day the violations occurred.
E.
Imposition of a fine shall not impair or be deemed a waiver of the Township's right to seek an injunction, take corrective action, impose a lien on the land or to take any other action allowed by law.