Ewing City Zoning Code
ARTICLE XI
Administration; Waivers; Enforcement; Violations and Penalties
§ 215-104 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.
§ 215-105 Waivers.
[Amended by Ord. No. 1989-30]
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 VI and VII 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 the 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.
§ 215-106 Enforcement.
A.
The Construction Official and the Zoning Officer. It shall be the duty of the Administrative Officer of the Planning Board and the Zoning Officer of the Township to administer and enforce the provisions of this chapter. No structure shall be erected unless a construction permit is obtained from the Construction Official, 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 Township public records. A monthly report of construction permits shall be filed with the Tax Assessor and the Township Council.
(2)
It shall be the duty of the Zoning Officer to inspect the structures and land in the Township and 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. 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 Township Attorney for appropriate referral and action.
(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.
B.
Construction permits. 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)
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 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.
(h)
Sidewalks.
(i)
Driveway aprons.
(j)
Final lot grading plan. [See § 215-101F(5).]
(2)
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.
(3)
Temporary certificates of occupancy.
[Amended 4-24-2018 by Ord. No. 18-08]
(a)
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.
(b)
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the Township in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building, or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to § 215-101, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Township's Zoning Officer, Zoning Officer, or other Township official designated by the Township upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(4)
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 Council, except that there shall be no charge to a municipal agency.
(5)
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.
§ 215-107 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 fifteen-dollar fee shall be paid to the Administrative Officer, on behalf of the Township, for the requested certificate.