Clayton City Zoning Code
ARTICLE XI
Administration, Enforcement and Amendments
§ 88-87 Administrative guidelines.
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 Borough. Any action taken by the Borough under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community.
§ 88-88 Waivers.
The Planning Board, when acting upon applications for minor site plans, minor subdivisions, preliminary major subdivisions and preliminary major site plans, shall have the power to grant such exceptions from the requirements for such subdivision or site plan approval as specified in this chapter if an applicant can clearly demonstrate that because of peculiar conditions, 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.
§ 88-89 Permits and enforcement.
A.
A zoning permit shall be required prior to the erection or basic structural alteration of any building, sign, structure or portion thereof and prior to the use or change in use of any building, sign, structure or land and prior to the change or extension of any nonconforming use. This includes, but is not limited to, fences, swimming pools and sheds. Farm buildings that exceed the setback requirements shall be exempt from the permit requirements of this chapter, but all such farm buildings shall be erected in conformity with the use, area and height regulations applicable in the district in which such farm buildings are located.
[Amended 12-9-2021 by Ord. No. 27-2021]
B.
It shall be the duty of the Construction Official and Zoning Officer of the Borough to administer and enforce the provisions of this chapter. No structure shall be erected or altered unless a building permit is obtained from the Construction Official following the issuance (in most cases) of a zoning permit (see detail below) by the Zoning Officer, and 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 shall form a part of the Borough public records. A monthly report of construction permits shall be filed with the Tax Assessor and the Borough Council. The full extent of the responsibilities of the Construction Official are included in the Uniform Construction Code of the State of New Jersey.
(2)
The Zoning Officer shall have the following responsibilities:
(a)
It shall be the duty of the Zoning Officer to inspect the structures and land in the Borough and order the owner, in writing, to remedy any condition found to exist in violation of the provision(s) of this chapter or any condition in violation of any application for development as duly approved by the Borough under the terms 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. The owner shall have 15 days within which time to respond to the purported violations and indicate the remedies to be taken. Such response, or lack of response, shall be immediately communicated in writing by the Zoning Officer to the Borough Attorney for appropriate referral and action.
(b)
Zoning permits. The Zoning Officer shall approve all zoning permits. A zoning permit is a document signed by the Zoning Officer:
[1]
Which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and
[2]
Which acknowledges that such use, structure or building complies with the provisions of this chapter or a variance therefrom duly authorized by the Planning Board pursuant to N.J.S.A. 40:55D-1 et seq.
[3]
Application must include a copy of the property survey (rooftop solar panels exempted) showing proposed improvements and all relative dimensions and distances of these improvements to all property lines. Fence heights and location must be included. Swimming pools shall be located only in rear yard and maintain 10 feet from all property lines and structures. See Exhibit A.[1]
[Added 12-9-2021 by Ord. No. 27-2021]
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
[4]
All applications must include a fee of $35, and all taxes must be current for application to be reviewed.
[Added 12-9-2021 by Ord. No. 27-2021]
(c)
Certificate of nonconformity. The Zoning Officer is authorized to issue certificates certifying that a use or structure existed before the adoption of this chapter, or amendments thereto, which rendered the use or structure nonconforming. This authority is limited to one year following the adoption of the ordinance rendering the use or structure nonconforming. The Planning Board may issue said certificates at any time.
(3)
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.
C.
Administrative officer.
(1)
The Borough Council shall appoint an Administrative Officer for the purposes of administering this chapter and related land use ordinances.
(2)
Duties of the Administrative Officer shall be:
(a)
To administer this chapter in accordance with its literal intent and as specified herein. The Administrative Officer shall not have the power to permit any construction, subdivision, or change of use of land or building which is not in strict accordance with the terms of this chapter.
(b)
Upon the request of the Planning Board, to present such facts, records, or similar information so as to assist that agency in making a decision in a matter brought before it.
(c)
Subdivision approval certificates. The Administrative Officer shall issue documents certifying whether or not a subdivision has been duly approved by the Planning Board and issued to a prospective purchaser, prospective mortgagee or any other person interested in any land in the Borough. A request for a subdivision approval certificate must be in writing and must contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
D.
Issuance of certificates of occupancy.
(1)
It shall be unlawful to use or permit the use of any structure or part thereof, either occupied by a new use or occupant or hereafter erected, altered, converted or enlarged, wholly or in part, until a certificate of occupancy shall have been issued by the Construction Official. Upon the completion of any building or alteration in compliance with this chapter and any other ordinance, rule or regulation, the owner or his agent may apply to the Construction Official, in writing, for the issuance of a certificate of occupancy 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 applicable codes and ordinances of the Borough.
(b)
A determination has been made by the Zoning Officer that the use and/or structure is in compliance with the standards for the zoning district and any approvals of the Planning Board.
(c)
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.
(d)
All local taxes and assessments on the property have been paid.
(e)
A letter from each utility company has been received by the Borough stating that the utility has been inspected in accordance with the approved plan and is ready for use.
(2)
A fee shall be charged for each certificate of occupancy in accordance with the applicable ordinances of the Borough.
(3)
A certificate of occupancy shall be granted or denied in writing within 10 days from the date that a written notification is filed with the Construction Official that the erection of the structure is completed, unless additional time is agreed upon by the applicant in writing.
(4)
With respect to any subdivision and/or site plan, or subsection thereof, granted final approval, a certificate of occupancy shall be issued by the Construction Official based on a report of the Borough Engineer following a site inspection to verify the installation of the following improvements as such improvements may be required as part of subdivision and/or site plan approval:
(a)
Curbs and sidewalks.
(b)
All utilities.
(c)
Water supply and sewage treatment facilities, which shall be functioning and serving the property in question.
(d)
Stormwater drainage facilities.
(e)
Appropriate grading of the property as determined by the Borough Engineer.
(f)
Base course of the street or streets serving the property.
(g)
Base course of driveways and parking areas.
(h)
Trees and other required landscaping as may be practicable due to seasonal restrictions.
(i)
Pavement striping and markings and on-site regulatory and directional signing.
(5)
With respect to any individual residential lot within a subdivision, a certificate of occupancy shall be issued by the Construction Official based on a report of the Borough Engineer following a site inspection to verify the installation of the following improvements, in addition to those listed in Subsection D(4) above, to the extent the same are required as part of the subdivision approval:
(a)
Grading of the lot consistent with the approved grading and drainage plans for the subdivision. Where deemed necessary by the Borough Engineer, as-built grading plans, certified by an appropriate professional, shall be required.
(b)
Driveway aprons.
(c)
Street names and regulatory signs.
(d)
Trees, subject to seasonal conditions.
(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 reasons 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 uncompleted improvements and the receipt of an appropriate performance guarantee assuring the installation of the improvements as indicated on the approved plat or plan and conditioned by the Planning Board Engineer's report.
(9)
A monthly report on 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 upon 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 Borough Council, 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:
E.
Payment of taxes. No approval, permit or certificate for any of the following shall be given to an application or to an applicant if any taxes or assessments for local improvements are due or delinquent on the property for which the application is made: preliminary and final site plan, preliminary and final subdivision, minor subdivision, minor site plan, bulk variance, use variance, conditional use, zoning permit or subdivision approval certificate. An application for approval or issuance of any of the above items shall not be deemed complete and shall not be considered by the applicable municipal agency unless the applicant submits with the application a certification signed by an authorized representative of the Borough of Clayton Tax Collector's office stating that no taxes or assessments as described above are due or delinquent on the subject property.
§ 88-90 Violations and penalties.
A.
Each and every violation of this chapter shall be subject to punishment by a court of appropriate jurisdiction. Said violation may include a fine of not more than $1,000 and/or imprisonment for a term not to exceed 90 days and/or community service of 90 days, or a combination of any of the above.
B.
The violation shall be deemed enforceable against the owner, contractor and/or any other person interested as lessee, tenant, or otherwise.
C.
Each day that a violation continues to exist shall be deemed to be a separate violation.
D.
Nothing contained in this chapter shall be deemed to limit the right of any interested person to initiate the prosecution of any person or persons believed to be in violation of this chapter.
§ 88-91 Amendments.
This chapter may be amended from time to time by the Borough Council, after the appropriate referrals, notices, hearings and other requirements of law.
§ 88-92 Procedure for amendments.
A.
Prior to the hearing on adoption of a zoning ordinance or any amendments thereto, Borough Council shall refer any such proposed ordinance or amendment thereto to the Planning Board pursuant to the following requirements:
(1)
The Planning Board shall issue a report within 35 days of referral by the Borough Council which identifies any portion of the proposed development regulation, revision or amendment which is inconsistent with the Master Plan and any recommendations concerning these inconsistencies.
(2)
The Planning Board may include in its report any other matter which it deems appropriate.
(3)
Failure of the Planning Board to render a report within the prescribed time period shall relieve the Borough Council of its responsibility to wait for that report before acting on the proposed development regulation, revision or amendment.
B.
After receipt of the Planning Board report, or after the expiration of the time allocated for delivery of that report, the Borough Council shall conduct a public hearing on the merits of the proposed development regulation, revision or amendment.
C.
The Borough Council shall evaluate the proposed amendment for its consistency with the Master Plan.
D.
Notice requirement for hearings on changes to the zoning classifications or boundaries shall be in accordance with § 88-69.
E.
The Borough Council may enact an amendment which is in whole or part inconsistent with the Master Plan and which is not designed to effectuate the Land Use Plan or Housing Plan Element but only by an affirmative vote of a majority of its full authorized membership. In that instance, the reasons for the action of the Borough Council shall be set forth in a resolution and recorded in the minutes of the Borough Council.
F.
A protest against any proposed amendment or revision of a zoning ordinance may be filed with the Borough Clerk, signed by the owners of 20% or more of the area either of the lots or land included in such proposed change or of the lots or land within 200 feet in all directions therefrom inclusive of street space, whether within or without the Borough. In the event such a protest is filed, the amendment or revision shall require the affirmative vote of 2/3 of all members of Borough Council.
G.
No zoning amendment shall be submitted to or adopted by initiative or referendum.
§ 88-93 Severability.
Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity as a whole or of any other part thereof.
§ 88-94 Enforcement procedure for Planning Board resolutions and actions.
[Added 8-12-1999 by Ord. No. 09-99]
A.
Purpose. The purpose of this section is to provide for the process and procedures to enforce the decisions of the Clayton Planning Board.
B.
Enforcement procedure.
(1)
Any alleged violation of any Planning Board action may be reported to the Borough of Clayton by a citizen or as observed by an employee of the Borough of Clayton or the Zoning Officer or Code Enforcement Officer or any other official of the Borough of Clayton.
(2)
Upon the reporting of any alleged violation (i.e., either in writing or orally), an investigation and/or verification of the complaint will be completed by the Zoning Officer or Code Enforcement Officer.
(3)
If an alleged violation has been verified, then written notice of the alleged violation will be sent to the violator with a designated time frame to correct the violation in the discretion of the Borough Zoning Officer or Code Enforcement Officer.
(4)
In the event the violator fails to correct the violations in the time prescribed or continues to violate the provisions of the Clayton Planning Board, then a summons will be issued through the Clayton Municipal Court for a violation of the provisions of this section of the Unified Development Ordinance and the appropriate court date will be scheduled by the Municipal Court for enforcement of the actions of the Clayton Planning Board for the appropriate action as determined by the Municipal Court Judge.
C.
Penalties. Anyone who is found to have violated this section of the Unified Development Ordinance shall be subject to a fine of not less than $50 nor more than $1,000 and/or imprisonment in the county jail for up to 90 days or both at the discretion of the Municipal Court Judge. For purposes of this section, each day of the continued violation will constitute a separate violation.