Hazlet Township City Zoning Code
ARTICLE X
Administration, Enforcement, Violations and Penalties
§ 181-1000 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 municipality. Any action taken by the municipality under the terms of this Ordinance shall give primary consideration to the above mentioned matters and to the welfare of the entire community.
§ 181-1001 ENFORCEMENT.
It shall be the duty of the Construction Official, and Zoning Officer of the municipality and the Hazlet Police Department to administer and enforce the provisions of this Ordinance. No structure or building improvement shall be erected until a zoning permit is obtained by the Zoning Officer and a construction permit is obtained from the Construction Official and no structure or lot shall be used in violation of this Ordinance. It shall be the duty of the Zoning Officer to keep a record of all applications and all zoning permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the municipality's public records. A quarterly report of zoning permits issued shall be filed with the municipal tax assessor. It shall be the duty of the Zoning Officer to inspect the structures and land in the municipality and order the owner in writing to remedy any condition found to exist in violation of any provision(s) of this Ordinance.
§ 181-1002 ZONING PERMITS.
A.
When Required. A zoning permit shall be issued prior to:
1.
The commencement or change of use of a property, building or structure;
2.
The occupancy of any building or structure;
3.
The construction, erection, reconstruction, alteration, conversion, or installation of any building or structure;
4.
Issuance of a Certificate of Appropriateness, where applicable.
B.
Submission Requirements. Every application for a zoning permit shall be accompanied by three sets of plans drawn in ink or a blueprint showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of all existing and proposed structures and substructures, all existing easements, the existing or intended use of each structure, the number of dwelling units the structure is designed to accommodate, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Ordinance.
1.
A zoning permit shall be granted or denied in writing within 10 business days from the date of a complete application unless additional time is agreed upon in writing by the applicant. One copy of such plans shall be returned to the owner when such plans shall have been approved or denied by the zoning official together with such permit as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey of the lot by a land surveyor licensed in the State of New Jersey. No zoning permit shall be issued for any structure until prior site plan, subdivision and variance approvals as may be necessary, have been granted by the appropriate board in accordance with the provisions of this Ordinance and until all review and inspection fees and all local taxes and assessments on the property have been paid.
C.
Lot Grading and Elevation Plan. As a condition precedent to the issuance of a new zoning permit, a proposed grading plan for each individual lot shall be submitted to the Municipal Engineer for review and approval. The individual grading plan shall conform to the requirements for plot plans in Hazlet Township's Engineering Standards. Additionally, a proposed grading plan may be required for any building addition or swimming pool that would change existing grades or drainage patterns, or if requested by the Municipal Engineer.
1.
Grading and drainage requirements prior to the issuance of a certificate of occupancy. A permit for grading and drainage shall be required prior to the construction of a single family dwelling, any swimming pool and any structure or improvement which the Township Engineer, Construction Official or Zoning Officer has determined may cause an adverse impact on any adjoining property. Properties covered under this section are required to obtain said grading and drainage permit and shall provide the following:
[Amended by Ordinance No. 1334-05].
a.
Plot Plans. Every application for construction of a new residential dwelling or a new commercial structure shall be accompanied by four copies of a plan drawn to scale of not greater than one inch equals 10 feet and not less than one inch equals 20 feet showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of all existing and proposed structures and substructures; existing easements; existing and intended use of each structure; existing and proposed driveways, walks, patios, decks and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this ordinance, the construction code and all other applicable codes and ordinances of the Township. All information on the plot plan relating to the location and size of the lot and existing structures and other features on the lot shall be based on a survey of the lot by a professional land surveyor licensed in the State of New Jersey. A separate copy of the signed and sealed survey upon which the plot plan is based, shall also be submitted with the application.
b.
Soil Logs. Every application for a construction permit as hereinabove described shall be accompanied by a soil log prepared and certified by a professional engineer licensed in the State of New Jersey. The boring or test pit for the soil log shall be located within the area of proposed new construction or addition and shall be to a depth of two feet below the proposed basement floor or groundwater elevation, whichever is less. The plot plan shall show the location of the boring or test pit and the soil log shall identify the surface elevation of the boring or test pit, show the various soil types and characteristics, show the elevation of each change in soil type, the existing groundwater elevation and an estimate of the seasonal high groundwater elevation.
c.
Lot Grading and Drainage Plan. Every application for a construction permit for a new structure as hereinabove described shall be accompanied by four copies of a lot grading and drainage plan prepared and certified by a professional engineer or an architect licensed in the State of New Jersey. All information on the plan relating to the location and size of the existing lot, structures and other features on the lot and its existing topography shall be based on an actual survey of the lot prepared by a professional surveyor licensed in the State of New Jersey. A separate copy of the signed and sealed survey upon which the lot grading and drainage plan is based shall also be submitted with the application. The lot grading and drainage plan shall be drawn at a scale of not greater than one inch equals 10 feet and not less than one inch equals 20 feet and shall show as a minimum the following:
(i)
The tax map sheet, block and lot numbers, street address, date, graphic scale, north arrow, name and address of the property owner, the applicant if other than the owner and the name and address of the professional who prepared the plan.
(ii)
Existing boundary and topographic information on the lot and for a distance of 10 feet outside the lot.
(iii)
The location of all proposed construction and all existing structures on the lot and for a distance of 10 feet outside the lot.
(iv)
Required zoning setback lines and distances to all existing and proposed structures.
(v)
Structure dimensions including height of existing and proposed structures or additions.
(vi)
Existing and proposed contour lines at one foot intervals plus spot elevations as may be required to adequately show the existing and proposed grading on the lot and for a distance of 10 feet outside the lot. Existing spot elevations at each lot corner and existing structure corner. Existing and proposed finished floor elevations of all existing and proposed structures and structure additions. Proposed spot elevations at the corner of each proposed structure or structure addition. Existing top and bottom of curb elevation and street centerline elevation at twenty-five foot intervals along and for a distance of 25 feet beyond the lot frontage. All elevations shall be NGVD29 or NAVD88 datum.
(vii)
Existing and proposed building area and gross floor area of proposed structures or structure additions and the existing and proposed lot coverage.
(viii)
Existing and proposed driveway locations, dimensions and type of driveway surface.
(ix)
Existing and proposed sidewalk and curb location and type of curb and walk surface.
(x)
Flood zone, wetlands and wetlands buffer lines, if applicable.
(xi)
Location of existing water and sewer lines and proposed service connections thereto, including size and proposed materials.
(xii)
Location of existing electric, telephone and cable television lines and proposed underground service connections thereto.
(xiii)
A description of the proposed structure (i.e. ranch, two story colonial, etc.) and whether it is on a slab, crawl space or basement.
(xiv)
Limits of lot clearing, if applicable, show existing trees four inches and larger including caliper and species and identify trees to be removed or remain.
(xv)
Limits of disturbance and soil erosion and sediment control provisions proposed to mitigate soil erosion of disturbed areas. The plan should show the topsoil storage area, silt fence locations, construction vehicle entrance stabilization and provisions for maintaining and protecting access to the public sidewalk. Where the majority of the lot will be disturbed, a separate soil erosion plan may be required.
(xvi)
All impervious surface calculations.
(xvii)
Show silt fences and tracking pad.
d.
Required "As Builts". No construction above the foundation shall commence until "as built" drawings of the foundation, including location and elevation, are submitted to and approved by the Construction Official.
e.
Final As-Built Plan. Every request for a final inspection and certificate of occupancy (CO) for a new structure as described herein shall be accompanied by four copies of an as-built plan signed and sealed by a professional surveyor licensed in the State of New Jersey. The as-built plan, together with a copy of the original site grading and drainage plan, shall be reviewed by the Township Engineer who shall also conduct an on-site inspection and issue a written report to the Zoning Officer and Construction Official as to the compliance of the construction to the approved grading and drainage plan and make a recommendation as to the issuance of a certificate of occupancy. In the event the as-built plan does not comply with the requirements of this section or the construction does not comply with the approved grading and drainage plan, the Township engineer shall include in his written report the conditions that must be satisfied prior to issuance of a certificate of occupancy (CO). The as-built plan shall include as a minimum the following:
(i)
Property lines and dimensions.
(ii)
Dimensions of all structures and distances of all structures to the property lines.
(iii)
Final grading plan of the lot and adjacent roadway including structure corners, lot corners, drainage swales, as well as final contours and critical spot elevations adequate to clearly depict the direction of surface runoff.
(iv)
Location and size of dry wells, together with the leader drains connecting each of the roof leaders to the dry wells.
(v)
Location of all utility services connections including size of water and sewer connections.
(vi)
Final finish floor elevations including basement slab elevation and garage slab elevation of all structures and a certification of the height of the structure.
(vii)
A description of the structure (i.e. ranch, two story colonial etc.) and whether it is on a slab, crawl space or basement.
(viii)
All surface improvements including walks, decks, patios, driveways, curbs, landscaping, etc.
(ix)
The final as-built plan shall contain a statement that the plan includes all required information and that the completed improvements are in substantial compliance with the grading and drainage plan reviewed and approved by the Township engineer. One copy of the approved grading and drainage plan shall be attached to the as-built plan.
(x)
An accurate calculation of the percentage of "impervious surface" of the lot.
f.
Lot Grading.
(i)
The lot shall be graded so that the majority of the surface runoff is retained on the property. In general, lots shall be graded as follows:
(a)
The minimum slope of an unpaved yard surface shall be 2% except for well defined swales, which shall have a minimum slope of 1%.
[Amended by Ordinance No. 1334-05]
(b)
The minimum slope of an unpaved yard surface shall be 1% except for well defined swales, which shall have a minimum slope of 1%.
(c)
The maximum slope of an unpaved yard surface shall be 10% within five feet of a structure.
(d)
The maximum slope for a paved yard surface shall be 5% except for a driveway, which shall have a maximum slope of 6%.
(ii)
Roof leaders and sump pump drains shall be permitted to spill at or through the curb of any street in the Township. Roof leaders and sump pump drains for all new structures shall be piped directly to dry wells or seepage pits to be installed on the lot if the soils and the water table are suitable otherwise they should be routed to discharge at the curb. The dry wells or seepage pits shall meet the following criteria:
(a)
Each dry well or seepage pit shall provide a minimum of 75 cubic feet of storage volume exclusive of the perimeter stone. A minimum of one cubic foot of storage volume exclusive of the perimeter stone shall be provided for each 12 square feet of roof area tributary to the dry well.
(b)
The dry wells shall be a minimum of one foot above the groundwater table and have a minimum of six inches of cover. They shall be located a minimum of 10 feet from any structure or property line and shall not be located under an impervious surface.
(c)
The dry well shall be placed on and be surrounded on the sides by a six inch layer of stone wrapped with a geotextile material to prevent migration of the backfill material into the stone.
(d)
Overflows to the yard surface shall be provided at each leader pipe in case of back up of the dry well.
(iii)
Basement floor slabs shall be a minimum of two feet above the seasonal high groundwater elevation.
g.
Permit Fee and Inspections. Prior to the issuance of a grading and drainage permit, the applicant shall pay to the Township the sum of $100 for the permit. Additionally, review and inspection fees shall be paid to the Township in accordance with the following schedule.
h.
Temporary certificate of occupancy (TCO). If in the opinion of the Township Engineer, inclement weather prohibits the completion of the improvements required on the approved grading plan, a temporary certificate of occupancy (TCO) may be issued by the Construction Official. The issuance of the TCO shall be conditioned upon the following items:
(i)
The estimated construction cost to complete the improvement are placed in the Township's escrow account by the contractor or owner. The estimated cost of the incomplete improvements shall be determined by the Township Engineer.
(ii)
Proof of receipt of a conditional or permanent report of compliance from the Monmouth County Soil Conservation District, where applicable, shall be submitted to the Construction Official.
(iii)
All escrowed improvements shall be completed and ready for final inspection no later than May 1 next occurring, unless an extension is granted by the Township Construction Official and/or Township Engineer.
(iv)
Any lot reinspection fees, in accordance with this Ordinance, shall be paid by the builder or owner prior to the conversion of the TCO to a final certificate of occupancy.
i.
Checklist. From time to time the Township shall create and the applicant shall complete both applications and/or plan submittal checklists.
[Amended by Ordinance No. 1326-05]
D.
Location Plans. Prior to issuance of a zoning permit for any development, a location plan showing property line offsets shall be submitted to the Zoning Officer for review. The Zoning Officer and the Municipal Engineer shall determine if a grading plan is required. If required, this grading plan shall include the proposed improvement footprint, proposed ground elevations and contours, sufficient to indicate no adverse impact to adjoining neighboring properties.
§ 181-1003 CERTIFICATE OF OCCUPANCY.
A.
Certificate of Occupancy Required. It shall be unlawful to use or permit the use of any structure or part(s) thereof, either occupied by a new use or occupant or hereafter erected, altered, converted or enlarged wholly or in part, until a certificate of occupancy shall have been issued by the Construction Official. 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 conform to this Ordinance and all other applicable codes and ordinances of the municipality;
2.
Prior site plan, subdivision and variance approvals, as may be necessary, have been granted by the appropriate board in accordance with the provisions of this Ordinance;
3.
All local taxes and assessments on the property have been paid; and
4.
A letter from each utility company has been received by the municipality stating that the utility has been inspected, has been installed in accordance with the approved plan and is ready for use.
5.
Soil certification:
a.
A soil certification must be obtained from the Municipal Engineer prior to the issuance of a certificate of occupancy. An as-built plan of site improvements shall be submitted for review when the soil certification is requested. The as-built grading plan shall be prepared by a land surveyor licensed in the State of New Jersey in accordance with the Engineering Department Standards.
b.
If site conditions do not warrant issuance of a permanent soil certification, a temporary soil certification may be issued at the discretion of the Municipal Engineer. If a temporary soil certification is issued, a bond for permanent stabilization shall be submitted in accordance with the fee schedule established by the Municipal Engineer.
c.
If stabilization of the soil is not completed in accordance with a schedule as approved by the Municipal Engineer, the performance guarantee held to ensure such stabilization shall be forfeited upon 30 days' written notice from the Municipal Engineer and the funds used to complete the required work.
6.
Zoning Permit. A valid zoning permit must be issued by the Zoning Officer prior to the issuance of a certificate of occupancy. The applicant may submit the as-built grading plan mandated in paragraph 5 above or a location plan indicating the required and constructed yard areas and other pertinent zoning information as deemed necessary by the Zoning Officer.
7.
Health Department Approval. Approval of the Health Department shall be obtained prior to the issuance of a certificate of occupancy in circumstances where the Department has jurisdiction.
B.
Time for Decision. A certificate of occupancy shall be granted or denied in writing within 10 business 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.
C.
Temporary Certificate of Occupancy. A temporary certificate of occupancy may be issued for any structure or use for which site plan or subdivision approval has been granted, although not all conditions for such approval have been complied with. Such temporary certificate of occupancy shall be issued only in extenuating circumstances and only with the approval of the Construction Official who shall establish specific terms and conditions including, but not limited to, a timetable for the installation of the uncompleted improvements and the receipt of a performance guarantee assuring the installation if improvements as indicated on the approved plat or plan, and further that no zoning or construction permit will be issued for any accessory use or structure when a temporary occupancy permit has not been finalized by said occupant or builder except in excessively due hardship cases which involve the welfare, sanitary or structural requirements of said property or occupants.
D.
Denial Record. Should the Construction Official decline to issue a certificate of occupancy, the reason for doing so shall be so stated on two copies of the application and one copy shall be returned to the application and one retained in the file.
E.
Invalidation. Upon notice being served of any condition found to exist in violation of any provision(s) of this Ordinance with respect to any land use, the certificate of occupancy for such use shall thereupon, without further notice, be null and void and a new certificate of occupancy shall be required for any further use of such structure or land. In the event of any unlawful encroachment or reduction of open space or yard area, the building or structure, as the case may be, shall be deemed in violation of the provisions of this Ordinance and the certificate of occupancy for such building or structure shall be null and void.
F.
Monthly Report. A monthly report of the certificates of occupancy issued shall be filed with the municipal tax assessor. A record of all certificates of occupancy shall be kept in the office of the construction official and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be established by resolution of the Governing Body except that there shall be no charge to a municipal agency.
§ 181-1004 VIOLATIONS.
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 Ordinance, the municipality may institute an action to enjoin or take any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use. However, nothing is this Ordinance shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
§ 181-1005 PENALTIES.
A.
Fines.
1.
Any person, firm or corporation that shall violate any provisions of this Ordinance shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be fined such sum not exceeding $1,250, as such court in its discretion may impose; or, if the party so convicted be a natural person, such person may be imprisoned for such term not exceeding 90 days, as such court in its discretion may impose; or be fined a sum not exceeding $1,250, as such court in its discretion may impose; or such natural person may be both imprisoned and fined not exceeding the maximum limits set forth herein, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.
2.
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 Ordinance 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 any 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 above.
B.
Selling Land Before Final Subdivision Approval
1.
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 provisions of this Ordinance, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
2.
In addition to the foregoing, the municipality may institute and maintain a civil action:
a.
For injunctive relief; and
b.
To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his or her assigns or successors, to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale conveyance of said land, or within six years if unrecorded.