Garwood City Zoning Code
ARTICLE I
General Provisions
§ 106-1 Title.
This chapter shall be known and cited as the "Municipal Land Use Ordinance of the Borough of Garwood New Jersey."
§ 106-2 Purpose.
There is hereby ordained by the Borough Council for the Borough of Garwood, New Jersey, pursuant to the provisions of P.L. 1975, c. 291 a Municipal Land Use Ordinance with the stated general purpose of exercising the authority delegated to municipalities under N.J.S.A. 40:55D-1 et seq. to regulate development and to promote good planning practice. This chapter is designed to promote and protect the public health, safety, morals and general welfare. Among others, and as a complement to those purposes enumerated in N.J.S.A. 40:55D-2, this chapter is designed to promote the following purposes:
A.
To provide for the appropriate design, location and nature of the uses, or development, of all lands in this Borough, in a manner which will promote the public health, safety, morals and general welfare and protect private property values.
B.
To secure safety from fire, flood, panic and other material and man-made disasters.
C.
To provide adequate light, air, open space and convenience of access.
D.
To ensure that the development of the Borough of Garwood does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.
E.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, the Borough and the region and preservation of the environment.
F.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
G.
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses, and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all citizens.
H.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
I.
To promote a desirable visual environment through creative development techniques and good civic design and arrangement.
J.
To promote the conservation of historic sites and districts, open space and valuable natural resources and to prevent urban sprawl and degradation of environment through improper use of land.
K.
To encourage planned unit developments which incorporate the best features of design and relate the type, design, and layout of residential, commercial, industrial and recreational development of the particular site.
L.
To encourage senior citizen community housing construction consistent with provisions permitting other residential uses of a similar density in the same zoning district.
M.
To encourage coordination of the various public and private procedures and activities shaping land development with a view to lessening the cost of such development and to the more efficient use of land.
N.
To promote utilization of renewable energy sources.
O.
To promote the maximum practicable recovery and recycling of recyclable materials from Borough solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement other municipal recycling programs.
P.
To preserve the small town, tree lined, moderate density character of the Borough.
§ 106-3 Scope.
A.
In the interpretation and application of the provisions of this chapter, they shall be held to be the minimum requirements for the health, safety, morals and general welfare of the Borough of Garwood.
B.
The provisions and requirements of this chapter shall be held paramount to any corresponding or similar, but less restrictive, provisions and requirements of any existing law, ordinance, rule, regulation, deed restriction or private covenant affecting lands and premises in the Borough of Garwood.
C.
The Borough of Garwood and its uses and structures shall be exempt from the mandatory provisions of this chapter. The Borough of Garwood may submit proposed development of the Borough of Garwood to the Planning Board for its review and recommendations.
[Added 12-10-2002 by Ord. No. 02-27]
§ 106-4 Definitions.
[Amended 7-12-1994 by Ord. No. 94-14; 2-25-1997 by Ord. No. 97-03; 12-10-2002 by Ord. No. 02-28; 7-27-2004 by Ord. No. 04-11; 9-12-2006 by Ord. No. 06-17; 7-12-2011 by Ord. No. 11-06; 10-27-2015 by Ord. No. 15-20; 5-27-2021 by Ord. No. 21-06; 3-27-2025 by Ord. No. 25-08]
A.
For the purpose of this chapter, unless the text clearly indicates a different meaning, the following terms shall have the following meanings. The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. The present tense shall include the future, the singular number shall include the plural, and the plural the singular.
B. ABANDONMENT ACCESSORY USE OR STRUCTURE ALTERATION OF A STRUCTURE ANCHOR STORE APARTMENT UNIT APPLICANT APPLICATION FOR DEVELOPMENT APPROVING AUTHORITY ATTIC AUTOMOBILE SERVICE STATION AUTOMOBILE REPAIR FACILITIES(1) (2) AUTOMOBILE WASHING ESTABLISHMENT BASEMENT BOARDER BOROUGH ENGINEER BUILDING COVERAGE BUILDING OR STRUCTURE STORY BUSINESS SERVICES CELLAR CHANGE OF USE CHILD CARE CENTER COMMUNITY RESIDENCE FOR DEVELOPMENTALLY DISABLED/COMMUNITY SHELTERS FOR VICTIMS OF DOMESTIC VIOLENCE CONDITIONAL USE DENSITY DISTRICT DRAINAGE RIGHT-OF-WAY DWELLING UNIT(1) (2) EASEMENT EATING AND DRINKING ESTABLISHMENT(1) (2) (3) (4) ELEMENTARY SCHOOL EMERGENCY MEDICAL CARE PHYSICALITY EXISTING GRADE LEVEL FAMILY FENCE FINAL APPROVAL FLOOR AREA FLOOR AREA, HABITABLE FLOOR AREA RATIO GARAGE, PRIVATE GARAGE, PUBLIC GOVERNMENTAL USE HEALTH CLUB HEIGHT OF STRUCTURE HOME OCCUPATION HOUSES OF WORSHIP HOUSING FOR LOW INCOME HOUSING FOR MODERATE INCOME IMPERVIOUS SURFACE INSTITUTIONAL USES LOT OF RECORD LOT/ZONE LOT(1) (2) (3) (4) (5) LOT LINES(1) (2) (3) MAINTENANCE GUARANTEE MASTER PLAN MIXED USE EATING AND DRINKING ESTABLISHMENT MIXED USE DEVELOPMENT MUNICIPAL ENGINEER MUNICIPAL USE NONCONFORMING LOT, STRUCTURE OR USE OCCUPANCY OR OCCUPIED OCCUPANCY PERMIT OFFICIAL MAP OPEN SPACE OUTDOOR STORAGE OWNER PARKING AREA PARKING SPACE PERFORMANCE GUARANTEE PLANNING BOARD PLAT PLAT, FINAL PLAT, PRELIMINARY PLAT, SKETCH PRELIMINARY APPROVAL PRINCIPAL USE OR STRUCTURE PORCH PROFESSIONAL OFFICE PUBLIC UTILITY FACILITIES RESUBDIVISION SATELLITE DISH/ANTENNAE SENIOR CITIZEN ACCESSORY APARTMENT SHED SIGN SINGLE OWNERSHIP SITE PLAN STREET STRUCTURE SUBDIVISION SUBDIVISION\SITE PLAN COMMITTEE SUBDIVISION, MAJOR SUBDIVISION, MINOR SWIMMING POOL, PRIVATE VARIANCE YARD(1) (2) (3) ZONING PERMIT
The word "shall" is always used in its mandatory and not its permissive sense. The words "zone" and "district" are synonymous, and the words "building" and "structure" are synonymous. The word "used" shall include the words "arranged, designed, or intended to be used."
The relinquishment of property, or a cessation of the use of the property, by the owner, or lessee for reasons other than an act of God, without the intention of transferring property rights to another owner or lessee or resuming a use of the property. Abandonment shall require the cessation of the use for a minimum of 12 consecutive months.
A use or detached structure which is customarily subordinate and incidental to the principal use of the property or building in area, extent or purpose, and which contributes to the comfort, convenience or necessity of the occupants, business, or industry in the principal structure or use served.
Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors or windows, or any addition to or diminution of a structure, whether horizontally or vertically, or the moving of a structure from one location to another.
The largest retail establishment(s) in a mixed use shopping center that draws customers and thereby generates business for the remaining stores/uses in the center.
One or more dwelling rooms with private bath and kitchen facilities, comprising an independent self-contained dwelling unit in a larger building. Each apartment unit is a single housekeeping unit with an entrance separate from other apartment units.
A developer submitting an application for development.
The application form, fee and all accompanying documents, plats or plans required by ordinance for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
The Planning Board or other agency of this Borough pursuant to Article VII of this chapter.
The open, nonhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building. Habitable and nonhabitable space is determined through use of BOCA floor-to-ceiling height regulations.
Any building, land area or other premises or portion thereof, used or intended to be used principally for the retail dispersing or sales of vehicle fuels, directly to the motor vehicle.
Minor: repair of automobiles not normally involving or requiring overnight storage or long-term repair.
Major: repair of automobiles involving fender and/or body repair, suspension and/or chassis repair, or transmission or motor rebuilding or overhaul, or other services typically requiring overnight storage or long-term repair.
A structure or premises containing facilities for washing automobiles using a chain conveyor or other method of moving autos along, and automatic or semiautomatic application of cleaner, brushes, rinse water and heat for drying. An establishment in which the auto remains stationary inside a structure and is washed by machine or hand is considered an automobile washing establishment within this definition.
An interior space, or a portion of an interior space, having one-half or more of its floor-to-ceiling height above the average finished grade of the outside elevation of the ground at the foundation wall of the structure in which it is contained, and with a floor-to-ceiling height of not less than six feet.
An individual, other than a member of the resident family, who occupies a dwelling unit, or part thereof, as furnished sleeping accommodations and who perhaps shares food preparation and/or cooking privileges as a single family housekeeping unit in return for a consideration. Boarding is regulated in Article VIII of this chapter.
As used in this chapter, the term "Borough Engineer" shall mean, with respect to all applications before the Planning Board, the Board Engineer, that is, the engineer appointed by the Planning Board. “Borough Engineer” shall also mean the Board Engineer with respect to all on-site inspections and approvals of projects which have been approved by the Planning Board. “Borough Engineer” shall mean the Municipal Engineer pursuant to N.J.S.A. 40A:9-140 with respect to any inspection and approval of any off-site improvements, including, but not limited to, improvements in the public right-of-way, or any other duties of the Municipal Engineer as prescribed by the New Jersey Statutes.
The ratio of the horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory structures on a lot to the total lot area.
That portion of a building or structure included between the surface of any one floor and the surface of the next floor above it; or, if there is no floor above such floor, then “story” shall be that portion of the building or structure included between the surface of any floor and the ceiling next above it. A basement or garage shall be considered as a story where the finished surface of the floor above the basement or garage is:
Establishments primarily engaged in providing services to business establishments on a fee or contract basis.
An interior space, or portion thereof, having less than one-half of its floor-to-ceiling height above the average finished grade of the ground at the foundation wall of the structure in which it is located, and with a floor-to-ceiling height of less than six feet. Cellars cannot be utilized as a dwelling unit.
Any use which is substantially different from the previous use of a structure or land. A use is substantially different if it is outside of the group number classification of the previous use as set forth in the Standard Industrial Classification manual. A change in use is also defined as any substantial change in the quality, character and intensity of a use when viewed in its totality and in regard to an overall effect on a neighborhood and zone plan.
A principal use, or an accessory use within a business facility, which requires a license from the Department of Human Services pursuant to N.J.S.A. 30:5b-1 et seq. in which child care services are provided for six or more children on a daily basis. The floor area occupied in any structure as a child care center is excluded in calculating any parking requirement otherwise applicable to that number of units or amount of floor space, and the permitted density allowable for that structure under the Borough Zoning Ordinance.
The definitions for these terms are as per N.J.S.A. 40:55D-66.2.
A use permitted, in accordance with Article VIII of this chapter, in a particular zoning district only upon the showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this Zoning Ordinance and authorized by the Planning Board.
The permitted number of dwelling units per gross area of land developed or to be developed.
Any zone or geographic area within the Borough of Garwood within which uniform regulations apply under the provisions of this chapter.
The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse, for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.
A unit comprised of one or more rooms, designed, occupied, or intended for occupancy as separate living quarters with cooking, sleeping, and sanitary facilities provided within the unit for the exclusive use of a single housekeeping unit.
A housing situation where an occupant of a single housekeeping unit is related by blood, marriage or adoption to the property owner and has private living, bath and sleeping quarters, but shares food preparation facilities within the single-family residence is considered a single housekeeping unit within the context of this definition. The use of more than 25% of the habitable dwelling unit for private living quarters, the existence of permanent separation elements between the two living areas, separate food preparation areas, separate utility meters, or use of the private living area by a nonrelated person(s) as defined above, constitutes the creation of a second dwelling unit in the structure for which proper approval must be sought from an approving authority.
A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity which is established in a duly recorded deed or filed map.
Retail establishment which has as its principal use the selling of food and drink for consumption in a structure on the premises, including standard table/counter and self service restaurants selling prepared food for immediate consumption. All such establishments shall have chairs, tables and/or counters at which the patrons sit and eat. Establishments which have as their principal means of sales the ordering of food at a window through which the food is passed from inside to outside, or which have takeout or curb service as their principal means of sales are considered eating and drinking establishments. Any food serving establishment with more than 16 seats is considered an eating and drinking establishment. A change of use occurs between a restaurant and a tavern when the square footage of space dedicated principally to the serving and/or consumption of liquor constitutes or is increased to where that space constitutes 50% or more of the patron area, or where more than 66% of gross sales is in liquor.
Standard table/counter restaurant. Eating and drinking establishment where patrons are seated, an order is placed, and the order is brought to the table or counter.
Self service restaurant. Eating and drinking establishment where an order is placed at a counter by the patron and is brought to a table or counter by the patron.
Tavern. An establishment where the serving of liquor by the drink to the general public is the principal use and the serving of food or the sale of packaged liquors, if any, are accessory to the principal use. All such establishments shall conform to all Alcoholic Beverage Control Regulations of the State of New Jersey and the Borough of Garwood.
Any structure or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge and is licensed by the state as meeting the state requirements for elementary education.
An establishment where patients are principally admitted for physical examination and treatment of physical illness or injury by one or more physicians on an emergency basis and which may have extended hours (subject to approval by the approving authority) in order to provide services during off peak and holiday periods when the majority of physicians' offices are closed.
The average existing elevation measured within a proposed structure foot print (when no existing structure exists) or measured 10 feet from the exterior walls of an existing structure. The designer of the new structure must measure the elevation of the existing grade midpoint on all four sides of the structure; such measurement must be made within 10 feet of the existing structure. The designer must average the four elevations to establish an existing grade. This must be utilized when measuring building heights.
Any number of individuals occupying a dwelling unit and living privately together as a single housekeeping unit. The number of individuals comprising one "family" is limited to the number of bedrooms, bathrooms and available square footage in the dwelling unit occupied in accordance with BOCA standards regarding floor area allowances per occupant. Nothing herein contained shall be construed to prevent the placement of foster children by the New Jersey Board of Child Welfare, or a duly incorporated child welfare agency, within a single housekeeping unit. Nor shall anything herein contained be construed to prevent the placement of group homes as defined by the Department of Community Affairs in zones which permit single housekeeping units.
An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
The last official action of an approving authority taken on an application which has been given preliminary approval after plans and documents have been submitted and found to be in compliance with all requirements and conditions of preliminary approval and all required guarantees have been posted to guarantee the plan's appropriate completion.
The aggregate area of all floors in a building or structure, enclosed by an exterior wall, excluding, however, open porches, breezeways, balconies, or any space where the floor-to-ceiling height is less than six feet.
The area of all floors computed by measuring the dimensions of the outside walls in a building, excluding attic and cellar floors, porches, patios, terraces or breezeways, carports, verandas and garages.
The ratio of the habitable floor area of a structure to the area of the lot.
A detached accessory structure, or a portion of a principal structure, used principally for the storage of motor vehicles owned or used by the occupant(s) of the principal structure to which the garage is accessory and which is not a separate commercial enterprise available for free or fee to the general public.
Any structure, or portion thereof, used primarily for the temporary parking, not storage, of motor vehicles and available to the general public.
Any use that Borough Council, or the county, state or federal governments determine to be a governmental use.
An establishment that is open to members and their guests that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, saunas, showers, massage rooms, lockers, and instructional programs and may include, as an ancillary use, eating facilities and shops selling a variety of sports equipment and clothing.
Unless specifically provided otherwise in this chapter, the vertical distance from the highest point of the roof of the building or structure, excluding (if the structure is a utility structure) such features as a tower or antenna, to the average existing surrounding the structure. To measure the existing grade, it must be measured on all four sides within 10 feet of the structure using the existing grade. The designer must use the average of all four elevations when determining the existing grade.
An activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit.
A structure, or groups of structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith. All houses of worship shall be limited to fully incorporated nonprofit religious corporations holding tax exempt status, proof of which must be filed with any application under these regulations.
Housing that is economically feasible for families whose income level is categorized as low within the standards promulgated by the United States Department of Housing and Urban Development or the New Jersey State Council on Affordable Housing (COAH).
Housing that is economically feasible for families whose income level is categorized as moderate within the standards promulgated by the United States Department of Housing and Urban Development or the New Jersey State Council on Affordable Housing (COAH).
A surface that has been compacted or covered with a layer of material that is highly resistant to infiltration by water.
A nonprofit or quasi-public use such as a house of worship, library, public or private school, emergency medical services or municipally owned or operated structure or land used for public purpose. Full service hospitals, and such uses as out-patient medical clinics, drug rehabilitation clinics and the like are not institutional uses within the scope of this definition.
A lot which exists as shown or described on a plat or deed in properly recorded records of the county registry of deeds.
A parcel of land, the location, dimensions and boundaries of which are established by a plat or otherwise as permitted by law and set forth on the current Borough Tax Map, to be used, developed or built upon as a unit. Such a lot may consist of a single lot of record, or a combination of lots of records.
LOT AREAThe computed total area contained within the lot lines of a lot, excluding any street right-of-way.
CORNER LOTA lot at the junction of, and having frontage on, two or more intersecting rights-of-way or a lot bounded on two or more sides by the same 2,135º. The greater dimension of a corner lot is its depth, and its lesser dimension is its width. The side of a corner lot having the least amount of street frontage shall be the front of the lot.
LOT DEPTHThe mean distance between the front and rear property lines of a lot. If these lot lines are not parallel, the average of such depths taken at ten-foot intervals and perpendicular to the front lot line throughout the depth of the lot shall constitute the lot depth.
LOT FRONTAGEThe distance between two sidelines of any lot measured along the abutting right-of-way line. In the case of a lot running through from one street to another said lot shall be construed as having frontage on both streets.
LOT WIDTHThe distance between the two side lot lines of a lot. If a lot shall not have parallel sidelines, the average of such widths taken at twenty-foot intervals and parallel with the front lot line throughout the depth of the lot shall constitute the lot width.
The property lines of record bounding a lot from another lot or public space.
LOT LINE, FRONTThe line separating a lot from a public street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line and which is utilized in the measurement of lot depth.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
Security accepted by the Borough for the maintenance of any improvements required by this chapter, including, but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
A composite of one or more written or graphic proposals for the development of the Borough as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
An eating and drinking establishment that incorporates multiple uses, such as one or more restaurants combined with one or more bars, cocktail lounges, banquet facilities or catering facilities.
A development of a tract of land with structures with a variety of complementary and integrated uses such as, but not limited to, retail, service businesses, and office uses. Such developments may include an anchor use or uses, shared parking, and consolidated traffic measures to reduce off-site conflicts.
See "Borough Engineer."
Any use by the Borough of Garwood of any property owned or leased by it.
Any structure, lot, or use which was being lawfully exercised at the time of the adoption, revision or amendment of this chapter, or any preceding ordinance, but which fails by reason of this adoption, revision or amendment to conform to the requirements as newly set forth and described in this chapter.
The residing of an individual or individuals overnight in a dwelling unit, or the installation, storage or use of equipment, merchandise or machinery, in any public, commercial or industrial building.
A required permit allowing occupancy of a structure after it has been determined that the structure meets all the requirements of all applicable ordinances.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 that conclusively shows the location and width of proposed streets, public facilities and areas, and drainage rights-of-way.
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space is landscaped, or natural areas, and such developed areas as sidewalks, decks, gazebos, patios, swimming pools, and other landscape structures. Areas designed for, or utilized by, motor vehicles are not open space. Parking lot safety islands must be a minimum of five feet wide and 50 square feet total area in order to be calculated as open space.
The storing, outside of a structure, of goods, junk, material, merchandise, or vehicles in the same location for more than 48 continuous hours. Outdoor storage is regulated within § 106-111 of this chapter.
Any individual, firm, association, syndicate, copartnership, or corporation, trust, or other legal entity having a sufficient proprietary interest in land to commence and maintain an application for development under this chapter.
An open area other than a street or other public road or way used for the parking of motor vehicles, including access drives or aisles for ingress and egress.
An accommodation for off-street motor vehicle parking within a public or private parking area.
Any security, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash that may be accepted by the Borough as a guarantee that improvements required as part of an application for development are satisfactorily completed.
The Board established pursuant to N.J.S.A. 40:55D-23.
A map representing a tract of land showing the boundaries and location of individual properties and streets or a map of a subdivision therefrom.
The final map of all or a portion of a subdivision which is presented to the proper reviewing authority for final approval and which if approved shall be filed with the proper county recording officer.
A preliminary map indicating the proposed layout of a subdivision which is submitted to the proper reviewing authority for consideration and preliminary approval.
A rough sketch map of a proposed subdivision of sufficient accuracy to be used for the purpose of discussion and classification by the proper reviewing authority.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 48 and 49 prior to final approval, after specific elements of a development or site plan have been approved by the proper reviewing authority and agreed to by the applicant.
The primary or predominant use of any lot. A principal structure is one devoted to the principal use.
A roofed open area, which may be glazed or screened, which is attached to or a part of, and with direct access to, a structure. A porch is considered open when the percentage of open, glazed or screened wall area is greater than 50% of the total wall area of the porch (not including the wall of the principal structure to which it is attached) and the space is not heated or air conditioned. A porch is considered closed, and a room, when it is heated or air conditioned or the percentage of open, glazed or screened wall area is less than 50% of total wall area.
The office of an accountant, architect, attorney, dentist, engineer, landscape architect, planner, physician, chiropractor, or similar professional person licensed by the State of New Jersey and regulated by a professional board of the State of New Jersey.
Telephone and electric lines, poles, equipment and structures, water or gas pipes, mains, valves or structures, or sewer pipes, valves or structures, maintained, operated and conducted for the service, convenience, necessity, health and welfare of the general public, whether owned by any arm or creature of the local, state or federal government or by any privately-owned public utility corporation.
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or the alteration of any streets, or the elimination of interior lot lines so as to promote lot consolidation, or the establishment of any new streets within any subdivision previously made or recorded according to law.
A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, or horn or cornucopia. It is used to transmit and/or receive radio or electromagnetic waves between terrestrially and or orbitally based sources.
A second housing unit within (not detached from) a single-family residence used as separate living quarters/separate housekeeping units. The senior citizen must be the qualified, owner-occupant of the primary unit and property. Qualified senior citizen occupancy is defined as where the head of the household is over 60 years of age, and where the senior citizen satisfies the financial conditions of this section. Separate living quarters are defined as those in which the occupants live and eat separately from other persons in the structure and in which there is no direct connection of any portion of the living quarters of the two separate units. Both units must have separate kitchen and bath facilities. (These units are regulated within § 106-105.)
An accessory structure utilized for the storage of materials other than road vehicles. Sheds are accessory structures regulated within § 106-107 of this chapter.
Any object, device, display, or structure or part thereof, situated or visible to the outdoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location, by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. For the purpose of this chapter, the word "sign" does not include the flag, pennant or insignia of any nation, group of nations, state, city, or political unit.
Ownership by one or more persons in any form of ownership of a lot not adjacent to a lot or lots partially or entirely in the same ownership.
The development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including all those elements required under Article VII of this chapter and any other information that may reasonably be required in order that an informed decision can be made by the approving authority.
Any vehicular way which: is an existing state, county or municipal roadway; or is shown upon a plat approved pursuant to law; or is approved by other official action, or is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved.
An object consisting of a combination of materials which is constructed, erected, or placed below, upon or above ground level and shall include any building, edifice, construction or piece of work or any part thereof, or any combination of related parts, including an object attached thereto, for occupancy, use or ornamentation.
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other division of land for sale or development. The following divisions shall not be considered subdivisions within the meaning of this chapter; provided, however, that no new streets or roads are involved; divisions of land for agricultural purposes where the resulting parcels are five acres or larger in size, divisions of property by testamentary or intestate provisions, or divisions of property upon court order. The term "subdivision" shall also include the term "resubdivision."
A committee of at least two Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions and resubdivisions and reviewing site plans in accordance with the provisions of this chapter, and making recommendations to the Board and such other duties relating to land subdivision and site review which may be conferred on this Committee by the Board.
Any subdivision not classified as a minor subdivision.
A subdivision of land that does not involve the creation of more than two lots, a planned unit development, any new streets or the extension of any off-tract improvements.
Any artificially constructed basin or other structure, above or below ground, for holding of water for use by the owner's family or guests, for swimming, diving and other aquatic sports and recreation. The term "private swimming pool" does not include any plastic, canvas or rubber pool temporarily erected upon the ground with a framing less than or equal to 30 inches. Private swimming pools are regulated within § 106-119 of this chapter.
Permission to depart from the literal requirements of this zoning article pursuant to N.J.S.A. 40:55D-60, N.J.S.A. 40:55D-40b, N.J.S.A. 40:55D-70c and N.J.S.A. 40:55D-70d.
An open space that lies between the principal or accessory structure and the nearest lot line, and is unoccupied and unobstructed from the ground upward except as may be specifically provided by this chapter.
FRONT YARDA space extending across the full width of any lot and lying between the front lot line and the nearest line of any structure on said lot, measured from the structure at the closest point to the front lot line; provided, however, that where there is a proposed widening of the right-of-way of any street the front yard setback requirement shall be measured from the proposed right-of-way line, rather than from the existing front lot line.
REAR YARDA space extending across the full width of any lot between the rear lot line of any principal structure thereon and the rear lot line of said lot measured from the structure at the closest point of the rear lot line.
SIDE YARDA space extending between either side lot line and the sideline of the principal structure nearest thereto measured from the structure at the closest point of the side lot line.
A document signed by the Zoning Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure, and which acknowledges that such use or structure complies with the provisions of the municipal zoning ordinance or variance there from. The issuance of a zoning permit is inherent in the issuance of a building permit. It is the intent of this chapter to utilize a zoning permit where a building permit or Board approval may not be required, but where regulatory oversight is necessary to insure proper and safe installation of site elements such as fences, swimming pools, sheds, and other site development or structures as seen fit by the Zoning Officer.
§ 106-5 Administrative procedures.
[Amended 12-10-2002 by Ord. No. 02-28]
The Borough Council and Planning Board may adopt, and may amend, reasonable rules and regulations, not inconsistent with the Municipal Land Use Law, P.L. 1975, c. 291, or this chapter for the administration of its functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee, as established by Article XII of this chapter, for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Borough Clerk and Board Secretary.
§ 106-6 Meetings.
A.
The Planning Board shall by its rules, fix the time and place for holding its regular meetings for business authorized to be conducted by the Board. Regular meetings of the Board shall be scheduled no less often than once a month and shall be held as scheduled unless canceled for lack of applications for development to process.
[Amended 12-10-2002 by Ord. No. 02-28]
B.
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with the provisions of the Open Public Meetings Law (N.J.S.A. 10:4-6 et seq.) and Board regulations, including the fee schedule as established by Article XII of this chapter.
[Amended 12-10-2002 by Ord. No. 02-28]
C.
No action shall be taken at any meeting without a quorum being present. A quorum shall constitute a majority of the permanent membership of either Board, or including alternate members who may substitute for regular members who are absent. All actions shall be taken by a majority vote of the Board members present at the meeting except as otherwise required by any provision of N.J.S.A. 40:55D or this chapter. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application. Nothing herein shall be construed to contravene any statute providing for procedures for governing bodies.
§ 106-7 Public meetings and minutes.
A.
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law (N.J.S.A. 10:4-6 et seq.) and this chapter. An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting.
[Amended 12-10-2002 by Ord. No. 02-28]
B.
Minutes of every regular or special meeting of both Boards shall be kept by the Board Secretary and shall include the names and addresses of the persons appearing and addressing the Boards and of the persons appearing by attorney, the actions taken by the Boards, the findings, if any, made by it, and reasons therefore. The minutes shall be made available for public inspection during normal business hours at the office of the Board after Board adoption of such minutes. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for the reproduction of the minutes for his use as provided for in Article XII of this chapter.
§ 106-8 Hearings.
A.
A public hearing is to be held for each application for development, or adoption, revision, or amendment of the Zone Plan, Zoning Ordinance or Master Plan.
B.
Rules. The approving authorities shall make rules governing the conduct of hearings before them which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing, during normal business hours of the Board. The applicant may produce other documents, records, or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.
C.
Oaths. The officer presiding at the hearing or such person as may be designated shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law (P.L. 1953, C.38, N.J.S.A. 2A:67A-1 et seq.) shall apply.
D.
Testimony. The testimony of all witnesses relating to an application shall be taken under oath or affirmation by the presiding officer, and the right of cross examination shall be permitted to all interested parties through their attorneys if represented, or directly if not represented, subject to the discretion of the presiding officer and to the reasonable limitations as to time and number of witnesses.
E.
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
F.
Records. Each Board shall provide for the verbatim recording of the proceedings by either certified shorthand reporter, mechanical or electronic means. Each applicant shall be required to pay the fee as provided for in Article XII of this chapter for the services of the certified shorthand reporter. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense, which shall not exceed the actual cost of preparing the transcript or tape. Said request shall be made in writing to the Board Secretary and shall be accompanied by prepayment of the established fee. Said transcript shall be certified in writing by the transcriber to be accurate, and furnished to the interested party upon receipt of moneys due in excess of the estimated fee.
[Amended 12-10-2002 by Ord. No. 02-28]
G.
Decisions.
(1)
The Board shall include findings of fact and conclusions based thereon in each decision on any application and shall reduce the decision to writing. These findings and conclusions shall be provided through:
(a)
A resolution adopted at the meeting at which the Board takes action to grant or deny approval held within the time period provided in this chapter for action by the Board on the application; or
(b)
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the action took place provided that meeting is held within the applicable time period provided in this chapter, or the applicant agrees, in writing, to an extension of the time period. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, not withstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.
(2)
The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the Board who voted for the action previously taken, and no other members shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the Board except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon. If the Board fails to adopt a resolution or memorializing resolution as specified above, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney fees, shall be assessed against the Borough.
(3)
Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsections and H and I below.
H.
Notification of decision. A copy of the decision shall be mailed by the Board Secretary within 10 days of the date of decision to the applicant, or if represented, to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by Article XII of this chapter for such service. A copy of the decision shall also be filed in the office of the Board Secretary, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality. The filed copy shall also be available for public inspection at the office of the Board during normal business hours of the Board.
I.
Publication of decision. A brief notice of every final decision shall be published in the official newspaper of the Borough within 10 days of the date of the resolution adoption. Such publication shall be arranged by the Secretary of the Board provided that the applicant pays the fee for publication as specified in Article XII of this chapter. A copy of such publication shall be filed in the office of the Board and be available for public inspection during normal business hours of the Board.
J.
Board members absence/voting. A member of a Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence, provided that such member has available to him the transcript or recording of all of the hearing from which he was absent, and certifies in writing to the Board that he has read such transcript or listened to such recording.
§ 106-9 Notice requirements for hearing.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter, the applicant shall give notice 10 days prior to the date of the hearing as follows:
B.
Public notice shall be given by publication in the official newspaper of the Borough at least 10 days prior to the date of the hearing. Such notice shall be arranged by the applicant, but requires the applicant to obtain the approval of the wording of the notice from the Board Secretary. (See Developer's Assistance Package, § 106-74.)
C.
Notice shall be given by the applicant at least 10 days prior to the date of the hearing to the following parties where applicable. An affidavit of proof of service demonstrating compliance with this requirement shall be filed with the Board Secretary at least two business days prior to the date of the hearing.
(1)
Owners of all real property as shown on the current tax duplicates located within 200 feet in all directions of the property which is the subject of such hearing whether located within or outside of the Borough. Such notice shall be given by serving a copy thereof on the owner as shown on the said current tax duplicate or his agent in charge of the property and obtaining proof thereof, or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
(2)
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, vice president, secretary or other person authorized by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
(3)
Public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality which have registered with the municipality in accordance with N.J.S.A. 40:55D-12.1. Notice shall be given to public utilities, cable television companies and local utilities by:
D.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to § 106-9C of this article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
E.
Notice shall be given by personal service or certified mail to the Union County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land, affecting the county drainage system or situated within 200 feet of a municipal boundary.
F.
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
G.
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Borough pursuant to N.J.S.A. 40:55D-10.
H.
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon the mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
I.
All notices required to be given pursuant to the terms of this chapter shall state the date, time, and place of the hearing, the nature of the matter to be considered and identification of the property proposed for development by street address, if any, or by reference to block and lot numbers as shown on the current tax duplicate in the Borough Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available for public review as required by law.
§ 106-10 List of property owners furnished.
A.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Clerk shall within seven days after receipt of a request therefore and upon receipt of payment of a fee as specified in Article XII of this chapter, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 106-9 of this chapter. In addition, the Clerk shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered pursuant to the following:
(1)
Every public utility, cable television company and local utility which has a right-of-way or easement in the Borough and is interested in receiving notice pursuant to N.J.S.A. 40:55D-12 shall register with the Borough Clerk.
(2)
The Borough Clerk shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered with the Borough. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position of the person to whom notice shall be forwarded. The information contained therein shall be made available to any applicant. The registration shall remain in effect until revoked by the public utility, local utility or cable television company by its successor in interest.
B.
At the time of request, the applicant shall also obtain from the Borough Tax Assessor, and supply to the Borough Clerk, a map showing all properties and current tax map information for the subject property and all properties within 200 feet of the subject property. The applicant shall be entitled to rely upon the information contained in such list and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.
§ 106-11 Notice concerning Master Plan.
The Planning Board shall give:
A.
Public notice of a hearing on adoption, revision or amendment of the Master Plan; such notice shall be given by publication in the official newspaper of the Borough at least 10 days prior to the date of the hearing.
B.
Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on adoption, revision, or amendment of a Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
C.
Notice by personal service or certified mail to the Union County Planning Board of:
(1)
All hearings on the adoption, revision or amendment of the Borough Master Plan at least 10 days prior to the date of the hearing; such notice shall include a copy of any revision or amendment thereto; and
(2)
The adoption, revision or amendment of the Master Plan not more than 30 days after the date of such adoption, revision or amendment; such notice shall include a copy of the Master Plan or revision or amendment thereto.
§ 106-12 Notice of hearings on development regulations.
A.
Notice by personal service or certified mail shall be made to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of such hearing.
B.
Notice by personal service or certified mail shall be made to the Union County Planning Board of:
(1)
All hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearing; and
(2)
The adoption, revision or amendment of the Borough Capital Improvement Program or Borough Official Map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the Borough Official Map or the Borough Capital Improvement Program, or any revision or amendment thereto, as the case may be.
C.
Notice of hearings to be held pursuant to this section shall state the date, time, and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.
§ 106-13 Filing of development regulations.
The Borough Clerk shall file all development regulations, including this chapter and any amendments or revisions thereto with the Union County Planning Board, and shall file the Official Map with the Union County Recording Officer as soon after passage as possible. Copies of all development regulations and any revisions or amendments thereto shall be filed and maintained in the office of the Borough Clerk for reasonably easy public inspection of said regulations.
§ 106-14 Conditional approvals.
A.
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by a state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Board shall process such application for development in accordance with N.J.S.A. 40:55D-1 et seq. and Borough development regulations, and, if such application for development complies with Borough regulations, the Board shall approve such application conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application for development requires an approval by a governmental agency other than the Board, the Board shall, in appropriate circumstances, condition its approval upon the subsequent approval of such governmental agency; provided that the Board shall make a decision on any application for development within the time period provided in N.J.S.A. 40:55D-1 et seq. or within an extension of such period as has been agreed to by the applicant unless the Board is prevented or relieved from so acting by the operation of law.
§ 106-15 Tolling of running of period of approval.
In the event that, during the period of approval heretofore or hereafter granted to an application for development, the applicant is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by a state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under N.J.S.A. 40:55D-1 et seq. as the case may be, shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
§ 106-16 Zoning Officer; review of applications.
[Amended 4-8-2008 by Ord. No. 08-09]
The Zoning Officer shall review all applications for development to ensure they meet the requirements of this chapter except for those sections where another official is specifically given enforcement or administrative responsibilities. The Zoning Officer shall in no case, except upon a written order of the appropriate approving authority, approve the issuance by the Construction Official of any permit or certificate for the erection or structural alteration or occupancy of any structure or land where the proposed erection, structural alteration or use thereof would be in violation of any of the provisions of this chapter. In the case of vacancy in the position of Zoning Officer, the Construction Official shall serve as Zoning Officer.
§ 106-17 Certification of complete application.
[Amended 6-22-1999 by Ord. No. 99-12]
A.
An application for development shall be complete for purposes of commencing the applicable time period for action by a Board when so certified by the Zoning Officer. In the event that the Zoning Officer does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:
(1)
The application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and
(2)
The Zoning Officer has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant must request that one or more of the submission requirements be waived, in which event the Board, in accordance with § 106-71 of this chapter, or its authorized committee, shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Zoning Officer may subsequently require correction of any information found to be in error, and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents as required by the Board.
B.
The Zoning Officer shall determine which local board, official or agency has jurisdiction over the application and shall forward copies of same to any municipal department, officer, board or body required or requested to review the application.
§ 106-17.1 Electronic submission of applications to Board.
[Added 10-10-2019 by Ord. No. 19-16]
A.
All documents submitted in connection with an application to the Board, including the completed application, the completed checklist, all drawings, traffic studies, stormwater reports, and similar items submitted in support of an application, shall be submitted both in physical paper hard copy as well as electronically. Applicants shall submit the electronic version of these materials in Adobe Portable Document Format (PDF) in at least 300 dpi, unless the Board Secretary requests submission of any materials in a different format. All revisions and resubmissions shall likewise be submitted in both hard copy and electronic formats.
B.
Electronic and hard-copy applications must be submitted to the Board Secretary, with the electronic version being sent by either by email, USB drive, or CD-ROM.
C.
The Zoning Officer shall not certify an application as complete until both paper and electronic submissions are received by the Board Secretary.
§ 106-18 Enforcement.
A.
The governing body of the Borough shall enforce this act and any ordinance or regulation made and adopted hereunder. To that end, the governing body may require the issuance of specified permits, certificates or authorizations as a condition precedent to:
B.
Shall establish an administrative officer and offices for the purpose of issuing such permits, certificates and authorizations upon the submission of such data, plans, plats and information as is authorized hereunder and upon the express approval of the appropriate state, county, or Borough agencies; and may establish reasonable fees to cover administrative costs for the issuance of such permits, certificates and authorizations. In case any structure is erected, constructed, altered, repaired, converted, or maintained or any structure or land is used in violation of any section of this chapter, the Zoning Officer of the Borough or an interested party, in addition to other remedies may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
§ 106-19 Administration by Zoning Officer.
[Amended 12-10-2002 by Ord. No. 02-28; 11-10-2009 by Ord. No. 09-22]
The Zoning Officer is hereby given the duty, power and authority to administer the provisions of this chapter. The Zoning Officer shall be deemed the "Administrative Officer," as that term is used in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and in this chapter. He shall examine all applications for permits, and together with the Construction Official, issue such permits as may be required for the construction, alteration, enlargement, and occupancy of all uses and structures which are in accordance with the requirements of this chapter. He shall also deny and file all applications for permits, with accompanying plans and documents, that are not in accordance with this chapter for the review of the Planning Board. He shall maintain records of all applications, plans and documents filed for permits and make such reports to the Board as may be required.
§ 106-19.1 Enforcement by Zoning Enforcement Officer.
[Added 11-10-2009 by Ord. No. 09-22]
The Zoning Enforcement Officer shall enforce the provisions of this chapter. The Zoning Enforcement Officer, upon becoming aware of a violation of this chapter, is to forward a letter to the owner of the property upon which the violation has been found to exist and request compliance with this chapter, or the halting of the construction activity, within 10 days of the date of the letter. If no, or an inadequate, response is received from the property owner within that time, the Zoning Enforcement Officer is to forward a second certified letter to the property owner requesting compliance within 10 days from the date of the receipt of the letter and advise that fines may be imposed for failure to comply with this chapter. If the violation is not resolved within that time period, and the Zoning Enforcement Officer is not satisfied with any attempts by the owner to resolve the violation, he is to issue a summons upon the property owner and prosecute a complaint through the Municipal Court. Every 10 days after the initial summons is issued and compliance is not achieved, the Zoning Enforcement Officer is to issue an additional summons for the violation. Every 10 days of noncompliance is deemed an additional offense subject to the reissuance of a separate summons. This procedure does not, in any way, restrict the ability of the Zoning Officer, Construction Official or Zoning Enforcement Officer to impose a stop-work order upon a project at any time and seek immediate resolution of the matter if a determination is made that is the appropriate course of action.
§ 106-20 Building permits required.
[Amended 12-10-2002 by Ord. No. 02-28; 3-27-2025 by Ord. No. 25-08]
A.
To insure compliance with the provisions of this chapter, no structure or part thereof shall be erected, raised, moved, extended, enlarged, altered, or demolished and no land shall be altered, filled or used unless and until a permit has been granted by the Construction Official and Zoning Officer. Where the proposed construction is either a new structure or an addition to an existing structure, the applicant shall submit applications as required by the Uniform Construction Code (N.J.A.C. 5:23-1.1 et seq.) as well as three sets of plot plans to the Construction Official and Zoning Officer. Where the impervious coverage for non-structured improvements exceeds 400 square feet, three sets of a plot plan shall be submitted to the Construction Official and Zoning Officer. The plot plan shall show finished grades, open spaces, existing structures, proposed structures and improvements, existing impervious coverage, proposed impervious coverage, and proposed non-structured improvements, the established front yard building lines within 100 feet of both sides of the structure upon which the land is located and such other information that the Construction Official or Zoning Officer determine is necessary to show that the proposed structure shall comply with all of the requirements of this chapter for the Zone District in which the lot is located. Said plan shall be drawn to scale and shall show actual dimensions and figures. The plot plan required herein shall indicate current site improvements, proposed structures, and proposed non-structured improvements, and be prepared, dated and certified by, or properly referenced to, a licensed land surveyor of the State of New Jersey. All building plans shall be signed and sealed by an appropriate New Jersey licensed professional authorized by the New Jersey Administrative Code to prepare such plans. The owner of a single-family dwelling unit may prepare and sign said building and plot plans and shall file an affidavit to that effect with said plans.
B.
No building permit shall be issued for the erection, moving extending, enlarging, or altering of any structure, or part thereof, unless and until the plan and intended uses therefore indicate that such structure is designed to conform in all respects to the provisions of this and all other applicable ordinances of the Borough. No building permit shall be issued by the Construction Official until final approval has been granted by the appropriate approving authority to the application for development if so required. Building permits for developments at variance from the requirements of this chapter shall only be issued upon receipt of a written order from the appropriate authority.
C.
No building permit shall be issued for the erection, moving, extending, enlarging, or altering of any structure, or any part thereof, and for non-structured improvements exceeding 400 square feet of impervious coverage, including a single- and two-family dwelling unit, unless and until the grading and drainage of the site has been reviewed and approved by the Planning Board Engineer. The Planning Board Engineer shall determine the necessary information to be provided to review the grading and drainage of the site, necessary to ensure proper management of stormwater, and to ensure there is no substantial stormwater impact to the surrounding properties. Any improvements that result in being a "major development" as per § 106-134.2 of this chapter shall be subject to Article X "Stormwater Control" of this chapter.
D.
Issuance of a building permit shall negate the necessity for a zoning permit and shall supersede and include any zoning permit previously issued.
§ 106-21 Building permit issuance.
A.
It shall be the duty of the Construction Official to issue such permits as may be required when he is satisfied that the land use, structure, and all other relevant aspects of an application for development conform with all of the requirements of this chapter, and that all other reviews and actions, if any, as called for in other state and local regulations have been complied with and all necessary approvals have been secured.
B.
The Construction Official shall issue all building permits in duplicate, and one copy shall be kept conspicuously on the premises affected and shall be protected from the weather whenever construction work has commenced thereon. No owner, contractor, workmen or other person shall perform any structural operations of any kind unless a permit covering such operation is displayed as required by this chapter, nor shall they perform operations of any kind after the revocation of said permit.
§ 106-22 Denial of permit; appeals.
[Amended 12-10-2002 by Ord. No. 02-28]
When the Construction Official is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he shall refuse to issue a permit in writing and the applicant may appeal this decision to the Planning Board for a reversal of the Official's decision in accordance with § 106-56 of this chapter. Such appeals are of zoning determinations only, not construction related decisions. All appeals of Construction Code matters are to be taken to the appropriate Construction Board of Appeals in accordance with the regulations of the Uniform Construction Code.
§ 106-23 Zoning permits.
No lot or lots shall be occupied, used, graded, cleared, fenced, or altered or improved in any way in whole or in part for any purpose whatsoever unless and until a zoning permit therefore shall have been issued by the Zoning Officer. A zoning permit shall be required for the use of any lot, or lots, which do not have upon them a structure. The Zoning Officer shall review any application for improvement thereon and upon finding the improvement in accordance with this chapter issue a zoning permit upon payment of the fee specified in Article XII of this chapter. Whenever there shall be a change contemplated in the use of any lot or lots which do not have a structure upon them, a new zoning permit shall be required. The issuance of a building permit or certificate of occupancy shall be deemed to include the issuance of a zoning permit.
§ 106-24 Revocation of permits.
If it shall appear at any time to the Construction Official that the zoning permit or development application or accompanying plans are in any respect false or misleading, or that site work is being performed upon the premises differing materially from that called for in the applications filed with him under existing zoning laws or ordinances, he may revoke any permit issued, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the Construction Official. After applicable permits have been revoked, the Construction Official shall, before issuing any revised permit, require the applicant to file an indemnity bond in favor of the Borough with sufficient surety conditioned for compliance with this chapter and all laws and ordinances then on force, and in a sum sufficient to cover the cost of removing the structure if it does not comply.
§ 106-25 Certificates of occupancy; certificate of compliance.
[Amended 5-9-1996 by Ord. No. 96-08; 4-25-2000 by Ord. No. 00-06]
A.
No structure hereafter erected or altered, no lands upon which improvements have been made, and no structure or land upon which a change of use has occurred shall be occupied or used in whole or in part for any purpose whatsoever unless and until a certificate of occupancy shall have been issued by the Construction Official. Any instance of violation of this chapter shall be cause for revocation of any existing certificate of occupancy after a ten-day warning by the Construction Official or Zoning Officer.
B.
A certificate of compliance shall be required to be obtained prior to occupancy after the sale or conveyance of any residential, commercial, industrial, institutional, mixed use or other property or structure within the Borough. No person shall occupy such property after such sale or conveyance unless such certificate of compliance shall be obtained from the Garwood Fire Department. The application fee shall be $70 if requested more than 10 business days prior to the change of occupant, $100 if requested four to 10 business days prior to the change of occupant and $200 if requested fewer than four business days prior to the change of occupant. The issuance of said certificate of compliance shall be contingent upon the following:
[Amended 6-24-2003 by Ord. No. 03-08; 4-8-2008 by Ord. No. 08-09]
(1)
The inspector’s certification that the existing use is a proper use within the zone in which the property is located. This use, and its category designation within Article VIII of this chapter, is to be specifically stated on the certificate. If the current or proposed use of the premises is not a permitted use in the applicable zoning district under Article VIII, no such certificate shall be issued without the certification of the zoning officer that the use is lawful (for example, a lawful nonconforming use or a use permitted by variance previously issued).
(2)
The installation of listed or approved smoke detectors or fire alarms in all residential and any other structures as follows:
(a)
In all one-family dwellings, one listed or approved smoke detector or fire alarm shall be installed in the basement and on each living floor at a location to be approved by the Fire Official.
[Amended 1-27-2009 by Ord. No. 09-03]
(b)
In all two-family dwellings, one listed or approved smoke detector or fire alarm shall be installed in the basement and one shall be installed on each habitable floor in each apartment or dwelling unit at a location to be approved by the Fire Official.
[Amended 1-27-2009 by Ord. No. 09-03]
(c)
In any building or structure containing three or more dwelling units or a structure that is a mixed use as defined in Article VIII of this chapter, the nature, extent and location of the smoke detectors or fire alarms shall be installed in accordance with the Regulations for Maintenance of Hotels and Multiple Dwellings Code of the State of New Jersey.
(3)
The installation of carbon monoxide sensor devices, as required, in any dwelling unit in a building with fewer than three dwelling units, pursuant to N.J.S.A. 52:27D-133.3.
(4)
That inspection is made by the inspector of all stormwater discharges from the structure and property to ensure that no water from roof drains, sump pump or other stormwater collection or storage facilities is directed into the Borough sanitary sewer system. All such connections must be removed, and proper connections in the Borough stormwater system are to be installed prior to the issuance of any certificate of compliance.
C.
Prior to the issuance of a certificate of occupancy an "as built" survey must be submitted to the Construction Official for all new structures or additions to existing structures built within the Borough.
[Added 5-27-2021 by Ord. No. 21-06]
§ 106-26 Prerequisites for the issuance of certificates of occupancy.
A.
No certificate of occupancy shall be issued by the Construction Official until he has ascertained that all the requirements of this chapter, and any other applicable Borough, county or state regulations, ordinances or statutes, or Planning Board conditions or site plan requirements, and necessary resolutions of Borough Council have been and are fully complied with. All improvements shown on the approved final site plan or subdivision plat, including all grading and drainage facilities and public improvements approved by the Borough Engineer shall have been installed on the premises in question and a complete site cleanup of all construction materials shall have been completed before any certificate of occupancy shall be issued. The Construction Official shall not issue the certificate unless the Borough Health Officer, Borough Engineer, Borough Planning Advisor and all other appropriate Borough and construction subcode officials indicate conformance with applicable requirements.
[Amended 12-10-2002 by Ord. No. 02-28]
B.
If the developer has failed to complete all on-site or public improvements required by the approving authority for site plan or subdivision approval because of adverse weather conditions, a temporary certificate of occupancy may be issued at the discretion of the Construction Official for a period not to exceed six months. This temporary certificate may be issued only upon the following findings being made by the Construction Official:
(1)
All the requirements of the Uniform Construction Code have been complied with and the structure is safe for human occupancy or utilization;
(2)
Proper access to the structure and across the public right-of-way for fire and emergency vehicles as well as the users thereof and the public at large is provided; and
(3)
A bond or certified check has been submitted to the Borough to insure the completion of all unfinished improvements within the time period of the temporary Certificate. This bond is to be submitted to the Borough Clerk in an amount specified by the Borough Engineer to be 115% of the total cost of all uncompleted improvements.
C.
The failure of the applicant to complete such improvements within the stated time period of the Temporary Certificate will result in the forfeiture of the bond in order to allow the Borough to complete the required improvements. The applicant may request, and the Construction Official may grant one-month extensions to this time period, not to exceed a total of three months of additional time.
§ 106-27 Time limitations.
A.
The Zoning Officer or Construction Official shall issue or deny a zoning permit within 20 days of the date of application for said permit.
B.
Where site plan approval by an approving authority was required, the Construction Official shall issue or deny a certificate of occupancy within 10 business days after the date of completion of all requisite work and being notified in writing by the developer that all work has been completed to the satisfaction of the owner and in compliance with all approved plans and applicable codes.
C.
Where site plan approval by an approving authority is not required, the Construction Official shall issue or deny a certificate of occupancy within 10 business days of the date of written request for said certificate.
§ 106-28 Terms and conditions.
A zoning permit or certificate of occupancy shall specify the use of the lot or lots, or structure(s) as the case may be, in accordance with the use categories stated in Article VII of this chapter and any terms or conditions under which the issuance is made. Any change of use shall be treated as a new use and a new certificate of occupancy shall be required. Before any certificate of occupancy shall be issued for any such change of use, all provisions of this chapter shall be complied with in the same manner as if the new use or structure were an initial use of land or structure.
§ 106-29 Records.
[Amended 4-8-2008 by Ord. No. 08-09]
A.
It shall be the duty of the Construction Official to maintain records of all applications for zoning permits, building permits, or certificates of occupancy and of all such permits and certificates issued, together with a notation of all special terms or conditions imposed thereunder. These records will be maintained within the office of the Construction Official. He shall be responsible for the filing and safe keeping of all plans and specifications submitted to him with any applications and the same shall form a part of the records of his office and shall be available to all officials of the Borough.
B.
It shall be the duty of the Fire Official to maintain records of all applications for certificates of compliance and of all such certificates issued, together with a notation of all special terms or conditions imposed thereunder. These records will be maintained within the office of the Fire Official. He shall be responsible for the filing and safe keeping of all documents submitted to him with any applications and the same shall form a part of the records of his office and shall be available to all officials of the Borough.
§ 106-30 Violations and penalties.
[Amended 4-13-1999 by Ord. No. 99-06; 11-10-2009 by Ord. No. 09-22]
Unless otherwise specifically provided herein, any violation of the provisions of this chapter, including but not limited to the erection or alteration of a structure prior to obtaining a building permit, the utilization of any land prior to obtaining a zoning permit, the use or occupancy in whole or in part of any structure in which the nature of the use has been changed, or wherein there has been a modification of utilization, or which has been erected or altered, the use or occupancy in whole or in part of any land on which the nature of the use has been changed, or whereon there has been a modification of utilization or upon which an improvement has been made prior to obtaining a certificate of occupancy, shall be a violation of this chapter. The governing body, the Construction Official, the Zoning Officer, the Zoning Enforcement Officer or other proper official, in addition to other remedies, may institute any appropriate legal action or proceedings to prevent such unlawful erection, repair, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said structure, or land, or to prevent any illegal act, conduct, business or use about such premises. Each day the violation shall continue shall constitute a separate violation. Violations of this chapter shall be punishable by a fine not to exceed $1,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days.
§ 106-31 Development Review Committee.
[Amended 6-12-1999 by Ord. No. 99-12]
A.
A Development Review Committee is hereby established to review all applications for development and any requests for review presented to the Planning Board.
[Amended 12-10-2002 by Ord. No. 02-28]
B.
The Development Review Committee shall consist of the Zoning Officer, Mayor, Municipal Engineer, Planner, and Chairman of the Planning Board. The Mayor may designate, in writing, an alternate to act in his place and stead either annually or by meeting.
[Amended 12-10-2002 by Ord. No. 02-28]
C.
The Zoning Officer shall classify development applications as major or minor. Only major applications shall be submitted to the Development Review Committee for its review.
D.
The Zoning Officer shall chair the meetings of the Development Review Committee and shall call such meetings as needed. The Zoning Officer may request the presence of any officer or employee of the municipality, or any other public official, who has knowledge or expertise which would assist the Committee in reviewing the application.
E.
The Development Review Committee shall have the following duties and responsibilities:
(1)
To make recommendations on the design and technical elements of any application.
(2)
To determine compliance with the design standards set forth in Article IX and other provisions of this chapter.
(3)
To make nonbinding recommendations to the Planning Board with respect to waivers, exceptions, variances, and other relief requested.
[Amended 12-10-2002 by Ord. No. 02-28]
F.
The Development Review Committee shall make its findings and recommendations known to the appropriate Board prior to the meeting at which the application is to be considered.
§ 106-31.1 Construal of provisions.
[Added 10-23-2001 by Ord. No. 01-18]
The Planning Board of the Borough of Garwood is hereby authorized and directed to exercise all of the powers and perform all of the duties of the Zoning Board of Adjustment. All references in the Code of the Borough of Garwood to the Board of Adjustment or Zoning Board of Adjustment shall hereafter be construed to refer to the Planning Board.