Farmingdale City Zoning Code
ARTICLE VI
Administration and Enforcement
§ 25-62 ZONING PERMIT REQUIRED; FEE.
[Ord. No. 97-01 § 44; Ord. No. 2009-04]
It shall be unlawful for any persons, corporate or agent to construct, move, alter or change the use of any building or portion of a building or use any land without first applying for a permit. Application shall be made by completing an Application for a Zoning Permit and submitting a fee in the amount of $25 for residential property and $50 for commercial property.
The provisions of this chapter shall be administered and enforced by the Zoning Officer of the municipality. 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 of this chapter. It shall be the duty of the Zoning Officer or his 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 chapter and he shall have the right to enter any building or premises during the daytime in the course of his duties.
§ 25-63 FILING PLANS.
[Ord. No. 97-01 § 45]
Applications for building permits shall be made in the manner prescribed in the Building Code.
§ 25-64.1 Issuance by Zoning Officer.
[Ord. No. 97-01 § 46]
No building shall be used or changed in use until a Certificate of Compliance shall have been issued by the Zoning Officer stating that the building or the proposed use thereof complies with the provisions of this chapter. The Certificate of Compliance shall be a prior requirement for the issuance of a Certificate of Occupancy by the Construction Official.
§ 25-64.2 Application.
[Ord. No. 97-01 § 47]
A Certificate of Compliance, either for the whole or a part of a building, shall be applied for by the owner or his authorized agent coincident with the application for a building permit and shall be issued within 10 days after the erection or structural alteration of such building, or part, shall have been completed in conformity with the provisions of this chapter.
§ 25-64.3 Requirements for a Certificate of Compliance for a Lot Within an Approved Site Plan or Major Subdivision.
[Ord. No. 97-01 § 46.2]
a.
No building or dwelling shall be deemed habitable nor shall a Certificate of Compliance for any lot within an approved site plan or major subdivision be issued until the Borough Engineer certifies that the following improvements are installed, as shown on the approved final site plan or final plat and accompanying supplementary documentation and specifications, in that section of the subdivision for which final approval has been granted as the improvements relate to the health, welfare, and safety of the occupants of the site, structure or building for which the certificate is sought. The following improvements are deemed minimal for the purpose of granting a Certificate of Compliance:
1.
Grading. All grading, as indicated on the approved site plan or subdivision plan and all appropriate street rights-of-way shall be graded and maintained, including required plantings.
2.
Utilities. All utilities including but not limited to water, gas, storm drains, sanitary sewers, electric lines and telephone lines shall be installed, and approved.
3.
Curbing. Curbing along all streets and as indicated on any approved site plan shall be installed as approved.
4.
Sidewalks. Sidewalks shall be installed as approved.
5.
Street Base. Bituminous concrete stabilized base course for all streets shall be installed.
6.
Roadway Obstructions. All exposed obstructions in the roadway such as manhole castings, water and gas boxes and the like shall be protected by building to the top of the obstruction with bituminous concrete as approved by the Borough Engineer.
7.
With regard to site plans, all site improvements as indicated on the approved plan and in the approving resolution must be completed.
8.
All conditions of any approving resolutions must be complied with.
The owner or subdivider shall have the right to make application, in writing, to the Borough Council for issuance of a Certificate of Compliance if one (1) or more of the aforesaid items is incomplete. The Borough Council may, at its discretion, allow the owner or subdivider an opportunity to be heard. The Borough Engineer shall, within five (5) days of receipt of the request of the Council, report his findings in respect to the application of the owner or subdivider for a Certificate of Compliance to the Borough Council. |
In the event the Borough Council approves the issuance of a Certificate of Compliance without the installation of all required improvements, pursuant to the application of the owner or subdivider, the Construction Code Official and the Borough Engineer shall be so notified. This procedure shall be applicable only to improvements required to the site or property in accordance with the plans approved by the Planning Board and shall not apply to conditions which are required by the Uniform Construction Code. No Certificate of Compliance shall be authorized for a structure which is not in compliance with the Uniform Construction Code. |
All lots and parcels of land within a subdivision, whether to be conveyed to private ownership or to the Borough as park, open space, or right-of-way, shall be stabilized to prevent erosion and silting of streams in accordance with the requirements of the Freehold Soil |
Conservation District prior to the issuance of a Certificate of Occupancy. |
No Certificate of Occupancy shall be issued until the land, use, building, structure or premises fully comply with all the provisions of this section, all other Borough and State requirements and, if involved, with such conditions as have been required for any site plan approval. When issued, the Certificate of Occupancy shall state such compliance. |
§ 25-64.4 Denial of Certificate.
[Ord. No. 97-01 § 46.3]
In case the Zoning Officer shall decline to issue a Certificate of Compliance, his reasons for doing so shall be stated on a copy of the application and that copy returned to the applicant.
§ 25-64.5 Responsibility for Violation; Record of Certificates.
[Ord. No. 97-01 § 46.4]
Even though a Certificate of Compliance shall have been issued to any owner or authorized agent, he shall be held responsible for any violation of this chapter on the subject premises. A record of all Certificates shall be kept on file by the Zoning Officer and copies shall be furnished to any person having an ownership interest in the building affected or to the authorized agent of such owner.
§ 25-64.6 Exception to Requirement.
[Ord. No. 97-01 § 46.5]
No Certificate of Compliance shall be required for any building legally existing at the time of the enactment of this chapter, except where the character or use of occupancy is changed.
§ 25-64.7 Temporary Certificate.
[Ord. No. 97-01 § 46.6]
A temporary Certificate of Compliance may be issued if the Zoning Officer determines that the building and site work is sufficiently completed to insure the safety and health of the occupants. A temporary Certificate of Compliance shall not be in force for more than six (6) months and cannot be renewed.
§ 25-64.8 Revocation.
[Ord. No. 97-01 § 46.7]
On the serving of notice of any violation of any of the provisions or requirements with respect to any building or use thereof or of land, as specified in this chapter, the Certificate of Compliance for such use shall thereupon, without further action, be null and void, and shall be reinstated upon satisfactory compliance with this chapter.