Galloway City Zoning Code
ARTICLE IX
Enforcement
§ 233-62 Enforcement officer.
A.
The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer of the Township. 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 Code Enforcement 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 shall have the right to enter any building or premises during the daytime in the course of his duties.
B.
The Code Enforcement Officer shall prepare a monthly report for the governing body, summarizing for the period since his last previous report, all zoning permits issued and certificates countersigned by him and all complaints of violations and the action taken by him 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 governing body.
§ 233-63 Permits; certificates of occupancy.
A.
Zoning permits. Zoning permits shall hereafter be secured from the Code Enforcement Officer's office prior to the issuance of a building permit for the construction, erection or alteration of any structure or sign or part of a structure or upon a change in the use of a structure or land.
B.
Temporary use permits. It is recognized that it may be in accordance with the purpose of the chapter to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this chapter. If such uses are of such a nature and are so located that at the time of petition they will in no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone; 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 Board of Adjustment may direct the Code Enforcement 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.
C.
Certificates of occupancy.
(1)
Certificates of occupancy shall be issued by the Code Enforcement Officer in the manner inscribed in the BOCA Basic Building Code. Such certificates, however, shall hereafter not become valid unless countersigned by the Code Enforcement Officer. Such countersignature shall certify that all provisions of this chapter have been complied with in respect to the property or structure in question. Such certificate shall be granted or denied within 10 days of the submission of the certificate to the Code Enforcement Officer.
(2)
On the serving of notice by the Code Enforcement Officer to the owner 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 occupancy shall become void and the owner of the property shall be deemed to be in violation of this chapter and subject to the penalties hereinafter prescribed. A new certificate of occupancy shall be required for any further use of such building or land.
§ 233-64 Violations and penalties.
[Amended 6-28-2005 by Ord. No. 1609; 12-13-2016 by Ord. No. 1951-2016]
Any owner, agent, person or corporation who violates any of the provisions of this chapter or who fails to comply with any of the requirements thereof or who erects, raises, moves, extends, enlarges, alters or demolishes any structure in violation of any detailed statement or plan submitted hereunder, or who puts into use any lot or premises in violation of any detailed statement or plans submitted hereunder or who refuses reasonable opportunity to inspect any premises, and who refuses to abate such violation within five days after written notice has been served upon him either by mail or personal service, shall be liable to a fine of not more than $2,000, imprisonment for not more than 90 days or a period of community service for not more than 90 days. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
§ 233-65 Guaranties required.
[Amended 12-20-1983 by Ord. No. 750; 6-6-1984 by Ord. No. 764; 8-21-1984 by Ord. No. 770; 6-22-1993 by Ord. No. 1127; 9-28-2010 by Ord. No. 1826; 8-14-2018 by Ord. No. 1995-2018]
A.
Prior to the recording of final subdivision plats, recording of minor subdivision deeds, as a condition of final site plan approval, as a condition to the issuance of a zoning permit, or in the case of a subdivision or site plan that has received preliminary approval and the developer will proceed with site clearing and preparation prior to final approval, as the case may be, the Township shall require a performance guaranty for the purpose of assuring the installation of certain on-tract improvements. The Township may require up to 10% of the all performance guaranties in cash. The developer has the option to post more than 10% in cash or any portion of a required maintenance guaranty in cash.
B.
Types of performance guaranties required.
(1)
Site improvement guaranty. A guaranty in favor of the Township in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Township Engineer, according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.; repealed by Section 2 of P.L. 2011, c. 217) or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the developer. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance guaranty to another governmental agency, no performance guaranty, as the case may be, shall be required by the Township for such utilities or improvements.
(2)
Perimeter buffer landscaping guaranty. A guaranty in favor of the Township to include, within an approved phase or section of a development privately owned perimeter buffer landscaping, as required by site plan approval or imposed as a condition of approval. At the developer's option, a separate performance guaranty may be posted for the privately owned perimeter buffer landscaping.
(3)
Temporary certificate of occupancy guaranty. 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 guaranty, referred to as a "temporary certificate of occupancy guaranty," 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 guaranty. Upon posting of a temporary certificate of occupancy guaranty, all sums remaining under a performance guaranty, required pursuant to Subsection A(1) of this section, 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 guaranty shall be determined by the Township Engineer. At no time may the Township hold more than one guaranty of any type with respect to the same line item. The temporary certificate of occupancy guaranty shall be released by the Township Engineer 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)
Safety and stabilization guaranty.
(a)
A developer shall furnish to the Township a safety and stabilization guaranty, in favor of the Township. At the developer's option, a safety and stabilization guaranty may be furnished either as a separate guaranty or as a line item of the site improvement performance guaranty referenced in Subsection B(1) of this section. A safety and stabilization guaranty shall be available to the Township solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
[1]
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and
[2]
Work has not recommenced within 30 days following the provision of written notice by the Township to the developer of the Township's intent to claim payment under the guaranty. The Township shall not provide notice of its intent to claim payment under a safety and stabilization guaranty until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Township shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt of the notice.
(b)
The amount of a safety and stabilization guaranty for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.
(c)
The amount of a safety and stabilization guaranty for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows: $5,000 for the first $100,000 of bonded improvement costs, plus 2.5% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.
(d)
The Township shall release a separate safety and stabilization guaranty to a developer upon the developer's furnishing of a performance guaranty which includes a line item for safety and stabilization in the amount required under this subsection.
(e)
The Township shall release a safety and stabilization guaranty upon the Township Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
C.
Types of maintenance guaranties required.
(1)
Site improvement maintenance guaranty. Prior to the release of a site improvement or perimeter buffer landscaping performance guaranty described in Subsection B, the developer shall post a maintenance guaranty in an amount not to exceed 15% of the cost of the installation of the improvements which are being released. The Township may not require any portion of the maintenance guaranty to be posted in cash, but the developer has the option to post the maintenance guaranty in cash.
(2)
Stormwater management maintenance guaranty. Upon the inspection and issuance of final approval by the Township Engineer of the following private site improvements, a separate maintenance guaranty in an amount not to exceed 15% of the cost of the installation of the following private site improvements related to the stormwater management for the project: stormwater management basins, inflow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system.
(3)
The term of all maintenance guaranties shall be for a period of two years and shall automatically expire at the end of the two-year period.
D.
Procedures for reductions or release of performance guaranties.
(1)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Township Council, in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B of this section, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2)
The list prepared by the Township Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each bonded improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B of this section.
(3)
The Township Council, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Township Engineer or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guaranty, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the total performance guaranty and safety and stabilization guaranty posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guaranty shall be reduced by the same percentage as the performance guaranty is being reduced at the time of each performance guaranty reduction.
(4)
For the purpose of releasing the obligor from liability pursuant to its performance guaranty, the amount of the performance guaranty attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guaranty, then the Township may retain 30% of the amount of the total performance guaranty and safety and stabilization guaranty to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guaranty attributable to bonded improvements for which a temporary certificate of occupancy guaranty has been posted shall be released from the performance guaranty even if such release would reduce the amount held by the Township below 30%.
(5)
In the event that the obligor has made a cash deposit with the Township as part of the performance guaranty, then any partial reduction granted in the performance guaranty pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty, provided that if the developer has furnished a safety and stabilization guaranty, the Township may retain cash equal to the amount of the remaining safety and stabilization guaranty.
(6)
If any portion of the required bonded improvements is rejected, the Township Council may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.
(7)
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Township Council or Township Engineer.
E.
Payments for professionals serving Township.
(1)
The obligor shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the inspection of improvements, which fees shall not exceed the sum of the amounts set forth in Subsection E(1)(a) and (b) of this section. The Township may require the developer to post the inspection fees in escrow in an amount:
(a)
Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guaranty under this section; and
(b)
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guaranty under this section, which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(2)
For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.
(3)
For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees.
(4)
If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsections E(1)(a) and (b) of this section, is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow, provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
F.
Other requirements.
(1)
In the event that final approval is by stages or sections of development pursuant to Subsection a. of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
(2)
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the Township Council shall be deemed, upon the release of any performance guaranty required pursuant to Subsection B of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
(3)
All guaranties shall be approved as to form by the Township Solicitor. The developer shall pay for all reasonable fees associated with the review by the Township Solicitor.
(4)
A performance guaranty shall run for a period to be fixed by the Planning Board at the time of approval of a final plat, but in no case for a term of more than two years. However, with the consent of the owner and the surety, if there is one, the Township Council may, by resolution, extend the term of such performance guaranty for an additional period not to exceed three years. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Township Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4) as of the time of the passage of the resolution.
(5)
If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the Township of Galloway for the reasonable cost of the improvements not installed and, upon the receipt of the proceeds of the performance guaranty, the Township of Galloway shall install such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.). The obligor and surety shall also pay for all reasonable inspection fees in addition to all required improvements.
(6)
It shall be expressly understood that, notwithstanding the posting of any performance guaranties for a lot in a major subdivision, no certificate of occupancy shall be issued until the developer or subdivider shall have installed the road subbase, road base, curbs, gutters and first course paving as specified in Chapter 233, Land Management, and until the underground utilities such as sewer, water, gas, storm drainage lines, electric, telephone and cable television and all other underground work shall have been duly and properly installed. No occupancy permit shall be issued until the subdivider shall have entered into an agreement with the Township to permit municipal forces to enter upon the streets of the subdivision prior to final acceptance of said streets for the purpose of rendering such Township services such as fire and police protection, snow removal, trash collection and any other service as may be deemed necessary for the health, safety and welfare of the residents. No occupancy certificates shall be granted for the final two dwellings until the finished road surface has been installed pursuant to Township specifications and until all other improvements and conditions as may be required by the Planning Board, the Building Subcode Official and the Plumbing Official have been properly installed. Certification that all requirements are met must be provided, in writing, by the Township Engineer or other designated administrative officer prior to the issuance of such certificate of occupancy.