Eatontown City Zoning Code
ARTICLE XII
Certificates and Permits
§ 89-99 Establishment and enumeration.
The certificates and permits enumerated herein are hereby established to provide for the equitable enforcement and administration of the provisions of this chapter.
A.
Zoning permit. The Zoning Officer is hereby empowered to issue a zoning permit for the construction, erection or alteration of any building or part thereof or for the use of any lot or building or part thereof, where he shall determine that the plans for such are not in violation of the provisions of this chapter. The issuance of a zoning permit shall in no way confer permission to begin construction. Such right is conferred by the Construction Official who may issue a building permit for construction under the regulations of the building code of the Borough.
B.
Temporary certificate of occupancy. Upon written application, the Zoning Officer is hereby empowered to issue a temporary certificate of occupancy in accordance with the procedure set forth in § 89-101 for a period not to exceed six months.
C.
Certificate of occupancy. The certificate of occupancy (established by the Borough of Eatontown Uniform Building Code) shall be issued by the Construction Official and endorsed by the Zoning Officer upon completion of the construction of a new building or upon a change in the occupancy and use of a building and certifying that all requirements of the building code and this chapter have been met or adjustment therefrom has been granted by the Board of Adjustment, and all required approvals have been granted by the Planning Board, and that the purpose for which such building is to be used is otherwise in conformance with the uses permitted in the zone in which it is located.
D.
Certificate of approval or of appropriateness in Historic District. A certificate of approval or a certificate of appropriateness relating to structures in the Historic District shall be issued by the Construction Official upon the approval and written direction of the Planning Board in accordance with the regulations therefor set forth in Article VII and the procedure prescribed in Article V of this chapter.
E.
Conditional use permits. A conditional use permit shall not be issued by the Zoning Officer except upon the express written approval and direction of the Planning Board or Zoning Board, depending on whichever board is exercising jurisdiction of the application.
§ 89-100 Specific procedure for issuance of zoning permits.
A.
With respect to all applications not involving subdivision, site plan, or conditional use approval the zoning permit shall be issued in conjunction with and as an endorsement to the building permit issued by the Construction Official. The Zoning Officer shall carefully consider the application and all supporting documents and make a determination of the application's compliance with the provisions of this chapter, and based upon said determination shall either issue or deny the zoning permit.
B.
With respect to all other applications, the Zoning Officer shall not issue a zoning permit except upon the express written approval and direction of the Planning Board or Zoning Board, depending on whichever board is exercising jurisdiction of the application.
§ 89-101 Specific procedures for issuance of temporary certificates of occupancy.
All applications for temporary certificate of occupancy shall be made to the Zoning Officer. The Zoning Officer, after determining that an application is in the proper form, shall transmit one copy of the application and all supporting documents to the Sewerage Authority, Police Chief, Fire Chief, Plumbing Inspector, State Building Officer (where applicable), Construction Official and Borough Engineer for their review and recommendations. The aforementioned shall reply within two weeks of the requested opinion and the Zoning Officer shall issue or deny the permit applied for within 10 days thereafter. Should a temporary certificate of occupancy be approved, all work or improvements required to qualify for a certificate of occupancy shall be guaranteed by bond prior to its issuance, the amount of the said bond to be determined by the Borough Engineer and the form of the same by the Borough Attorney. This shall be the exclusive procedure for the issuance of such permits and shall supersede any other provisions for the issuance of temporary certificates of occupancy to be found in the ordinances and adopted codes of the Borough.
§ 89-102 Specific procedures for issuance of certificates of occupancy.
A.
Upon completion of any building project, the property owner shall apply to the Construction Official in writing for a certificate of occupancy. If the building is one requiring site plan approval, the Construction Official shall then request the following officials and agencies to make an on-site inspection of the project to assure that all conditions of the site plan approval and the applicable ordinances and codes of the Borough have been complied with: Sewerage Authority, Borough Engineer, Plumbing Inspector, Police Chief, Fire Chief, Shade Tree Commission, Zoning Officer, State Building Officer (where applicable), and Site and Design Committee. The listed officials and agencies shall report their findings in writing within 30 days. If their reports are favorable and if the Construction Official finds that all the requirements of the Building Code have been met, he shall issue a certificate of occupancy within 10 days thereof. If the building project is one which does not require design and site plan approval, the Construction Official shall determine compliance with the applicable codes and ordinances without reference to other officials and agencies, and thereupon grant or deny the certificate within 10 days thereafter.
B.
Any certificate of occupancy so issued shall not be valid unless endorsed by the Zoning Officer.
§ 89-103 Additional certificate of occupancy provisions.
A.
Nothing in this chapter shall be construed to repeal Eatontown Borough Ordinance No. 17-70 (Rental properties, Requirements for Occupancy), but said ordinance shall remain in full force and effect.
B.
Certificates of occupancy required upon resale of existing homes for which a certificate of occupancy has previously been issued, or required upon rental of homes or individual apartment units for which a certificate of occupancy has previously been issued, shall be issued upon application to the Housing Inspector and in accordance with the provisions of Ordinance No. 17-70.