Haddon Heights City Zoning Code
ARTICLE XXVI
Administration; Enforcement; Violations and Penalties
§ 450-167 Administration.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. If an applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of the regulations within this chapter is impracticable or will exact undue hardship, the appropriate municipal agency may permit one or more exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
§ 450-168 Enforcement.
For any and every violation of the provisions of this chapter, the owner, contractor or other person or persons interested as lessee, tenant or otherwise in any building or premises where such violations have been committed or shall exist and who refuses to abate such violation within five days after written notice has been served upon him, either by registered mail or by personal service, shall be subject to a fine.
§ 450-168.1 Zoning permits; exemptions.
[Added 10-4-2005 by Ord. No. 1199]
A.
Expiration of permits. No zoning permit shall be valid or effective one (1) year from the date of issuance thereof, and it shall thereafter be null and void unless the use, change or use, extension of nonconforming use, erection, construction, repair, remodeling, conversion, removal, destruction or moving, alteration, or relocation of a building or structure authorized by such permit shall have been substantially commenced within one year from the date of issuance and proceeded with due diligence.
B.
Exemptions.
(1)
Existing residential structures. Notwithstanding any provision in this chapter to the contrary and except as provided in Subsection B(3) below, no zoning permit shall be required for the following work on existing residential structures:
(a)
Installation, replacement or repair of siding (involving no additional square footage added to structure).
(b)
Replacement or repair of existing roof or existing roof shingles (involving no additional square footage added to structure).
(c)
Installation, replacement or repair of windows.
(d)
Square footage added or enclosure of same.
(e)
Replacement or repair of existing steps (involving no increase in size of steps, width or length).
(f)
Replacement or repair of existing sewer or septic lines. If this involves curb, sidewalks, or streets, a street opening permit shall also be secured from the Township Clerk's office.
(2)
Handicapped exemptions. No zoning permit fee shall be required for the construction, reconstruction, alteration, improvement or repair of a structure used for the sole purpose to promote accessibility by the handicapped; "handicapped" being defined under N.J.S.A. 52:27D-126e.
(a)
Upon application for and at the discretion of the Zoning Officer, the construction, reconstruction, alteration, improvement and/or repair or installation of ramps, lifts, etc., associated with the accessibility of handicapped persons may be permitted to infringe upon setback requirements of residential property when it has been established that no other feasible means of accessibility is available.
(b)
Before granting the application that contains an infringement upon a setback requirement, the following conditions must be met:
[1]
Just cause must be shown to the Zoning Officer why accessibility cannot be met under the current zoning regulations;
[2]
The requested infringement shall not exceed any further than the minimum building requirements of the current N.J.A.C. 5:23 7, Barrier-free Code, and subsequent amendments or additions thereto;
[3]
The applicant owner, or occupant with owner permission, shall agree in writing to remove said ramp, lift, or other structure from the infringement area upon the death of the handicapped person, the relocation of the handicapped person, sale or rental of the property to a nonhandicapped person or in the event that the disability no longer exists.
(3)
Conditions for exemption. There shall be no exception from the requirement of a zoning permit for existing residential structures if the work involves any one or more of the following:
(a)
Change in the front, rear or side yard setback;
(b)
An increase in lot coverage;
(c)
A change of use that increases the number of dwelling units;
(d)
A change that results in the need for a variance or exception;
(e)
An expansion of a nonconforming use; or
(f)
Structural changes, addition of square footage to the structure or roof or the enclosure of existing open porch or patio.
C.
Certification statement. No exception shall be granted unless the applicant fully completes, signs and files a certification statement of work form provided by the Construction Code Official.
D.
Relationship to construction permits. Nothing herein shall be construed to obligate the requirement for applying for and obtaining any required construction permit.
§ 450-169 Certificates of occupancy.
A.
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Construction Official:
(1)
Occupancy and use of a building erected, reconstructed, restored, altered or moved or any change in use of an existing building.
(2)
Occupancy, use or any change in use of vacant land.
(3)
Any change in use of a nonconforming use.
(4)
Occupancy and use of any enlargement to an existing structure.
(5)
Change in ownership and/or change in occupant in a nonresidential use.
B.
A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and the continued occupancy and use of the building or land to which it applies.
C.
It shall be the duty of the Construction Official to issue a certificate of occupancy only when:
(1)
The structure or part(s) thereof and the proposed use of the structure(s) and land conform to this chapter and all other applicable codes and ordinances of the Borough.
(2)
Prior conditional use, site plan, subdivision and variance approvals, as may be necessary, have been granted by the appropriate municipal agency or municipal agencies in accordance with the provisions of this chapter and the proposed structure or part(s) thereof and the proposed use of the structure(s) and land comply with all conditions and requirements imposed as part of such approvals.
(3)
All local taxes and assessments on the property have been paid.
(4)
A letter from each utility company has been received by the Borough stating that the utility has been inspected, has been installed in accordance with the approved plan and is ready for use.
E.
A certificate of occupancy shall be granted or denied in writing within 20 days from the date that a written notification is filed with the Construction Official that the erection of the structure is completed, unless additional time is agreed upon by the applicant in writing. If the application is denied, the Construction Official shall state the reason for such denial on two copies of the application and return one copy to the applicant.
F.
With respect to any finally approved subdivision and/or site plan or subsection thereof, a certificate of occupancy shall be issued only upon completion of such portion of the following improvements as may be deemed by the Borough Engineer to be needed to serve the premises being offered for occupancy:
(1)
Curbs.
(2)
All utilities.
(3)
Water supply and sewerage treatment facilities, which shall be functioning and servicing the property in question.
(4)
Storm drainage facilities.
(5)
Rough grading of the property.
(6)
Base course of the street or streets serving the property.
(7)
Base course of driveways and parking areas.
(8)
Street names and traffic regulatory signs.
G.
With respect to any individual residential lot within a subdivision, a certificate of occupancy shall be issued only upon the completion of the following improvements, in addition to those listed hereinabove, to the extent that the same are required as part of a subdivision approval:
H.
A copy of any issued certificate of occupancy shall be kept on file at the premises affected and shall be shown to the Construction Official upon request.
I.
A temporary certificate of occupancy may be issued by the Construction Official for any structure or use for which approval has been granted although not all conditions of said approval have been complied with. Such temporary certificate of occupancy shall be issued only in extenuating circumstances and only subject to specific terms and conditions, including but not limited to a timetable for achieving full compliance with all such conditions and for the completion of all required improvements and the receipt of a performance guaranty assuring the installation of the improvements as indicated on the approved plat or plan.
§ 450-170 Violations; additional remedies.
In case any building or structure is erected, constructed, reconstructed, altered, moved or converted or any building, structure or land is used in violation of or contrary to the provisions of this chapter, the Borough may institute an action to enjoin or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use. However, nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
§ 450-171 Violations and penalties.
A.
Any person, firm or corporation that shall violate any provisions of this chapter shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be fined such sum not exceeding $2,000, as such court in its discretion may impose; or, if the party so convicted is a natural person, such person may be imprisoned for such term not exceeding 90 days or be subject to a period of community service not exceeding 90 days or be fined a sum not exceeding $2,000, or any combination thereof, as such court in its discretion may impose; or natural person may be imprisoned, fined and subject to community service not exceeding the maximum limits set forth herein, as such court in its discretion may impose. Each day that such violation continues beyond a ten-day period following written notice by the Construction Official served by certified or registered mail or personal service shall constitute a separate offense.
[Amended 10-19-2004 by Ord. No. 1181; 6-19-2018 by Ord. No. 1451]
B.
The owner of any building or structure, lot or land or part thereof and/or the tenant or occupant of any building or structure, lot or land or part thereof where anything in violation of this chapter shall be placed or shall exist or be suffered, allowed or permitted to exist and any architect, builder, developer, contractor, agent, person or corporation engaged in connection therewith and who assists in the commission of such violation shall each be guilty of a separate violation and, upon conviction thereof, shall each be liable to the fine or imprisonment, or both, specified hereinabove.
§ 450-172 Penalty for selling land before final subdivision approval.
If, before final subdivision approval has been granted, any person, as owner or agent, transfers or sells or agrees to transfer or sell any land which forms a part of a subdivision for which municipal approval is required in accordance with the provision of this chapter, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall be subject to the requirements of N.J.S.A. 40:55D-55.