High Bridge City Zoning Code
ARTICLE IX
Administration; Waivers; Enforcement; Violations and Penalties
§ 145-901 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. Any action taken by the Borough under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community.
§ 145-902 Waivers.
The Board, when acting upon applications for preliminary or minor subdivision approval or upon applications for preliminary or minor site plan approval, shall have the power to grant exceptions from the requirements for subdivision or site plan approval as specified in §§ 145-605, 145-606, and 145-607 of this chapter if an applicant or his/her agent can clearly demonstrate that, because of peculiar conditions pertaining to the land, the literal enforcement of one or more of said requirements is impracticable or will exact undue hardship. However, any exception granted by the Board must be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
§ 145-903 Enforcement.
A.
The Construction Official and the Zoning Officer. It shall be the duty of the Construction Official and the Zoning Officer of the Borough to administer and enforce the provisions of this chapter. No structure or lot shall be used in violation of this chapter.
(1)
It shall be the duty of the Construction Official to keep a record of all applications and all construction permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the Borough's public records. A monthly report of construction permits shall be filed with the Tax Assessor and the Borough Council.
(2)
It shall be the duty of the Zoning Officer and/or Construction Official to inspect the structures and land in the Borough and, if a violation is found, to order the owner in writing to comply with the provisions of this chapter. For purposes of this inspection, the Zoning Officer and/or Construction Official shall have the right to enter any building or premises during reasonable hours, subject to due process of law. Said order shall specify a reasonable time period, depending upon the nature of the violation, within which the owner must bring the subject structure or land into compliance with this chapter.
(3)
In the event that an owner cited for violation of this chapter fails to bring the subject structure or land into compliance with this chapter within the time ordered by the Zoning Officer or Construction Official, the Zoning Officer or Construction Official may issue a summons in accordance with the procedures set forth by the Hunterdon County Court.
(4)
Upon notice served by the Zoning Officer that a current land use is in violation of any provision(s) of this chapter, 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 the structure or land.
B.
Zoning permits.
(1)
A zoning permit shall be required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building. The zoning permit acknowledges that such use, structure or building complies with the provisions of this chapter or any variance therefrom duly authorized pursuant to N.J.S.A. 40:55D-60, 40:55D-70c and 40:55D-70d. The repair of a structure does not require a zoning permit. No zoning permit shall be issued unless all real estate taxes, municipal utilities and any other municipality-imposed fees, fines or costs for the subject property are fully paid. If a zoning permit is not acquired before the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building and is sought after-the-fact, the application fee will be doubled.
(2)
If a zoning permit is denied and the applicant subsequently alters the proposed project to conform to the provisions of this chapter or obtains a variance, the applicant must reapply for a new zoning permit; however, no fee will be charged provided the new application is submitted within six months of the former denial. If work authorized by a zoning permit has not begun within one year of the date of approval, then the permit shall become null and void and the applicant must reapply for the permit and pay any applicable fees.
C.
Construction permits.
(1)
Construction permits shall be required as provided by the State Uniform Construction Code, its subcodes, and regulations promulgated pursuant thereto. Fees for construction permits shall be in accordance with the Chapter 97[1] of the Code of the Borough of High Bridge.
(2)
The application shall be accompanied by detailed plans and specifications, and new buildings or additions to buildings shall be accompanied by a plot plan prepared by a professional engineer or land surveyor licensed in the State of New Jersey. The plans shall show finished grades and existing grades as required; open spaces; the established building lines within the block upon which the land is located; minimum front, side and rear yard setback lines; proposed building foundation location and setback dimensions; and such other information as required to show that the proposed building or other structure shall comply with all of the requirements of this chapter for the zone in which the premises is located, as well as the State Uniform Construction Code.
D.
Certificates of occupancy.
(1)
Upon the completion of any building, structure or alteration in compliance with this chapter and any other ordinance, rule, or regulation of the Borough, the owner or his/her agent shall apply to the Construction Official, in writing, for the issuance of a certificate of occupancy for said structure, building or alteration pursuant to the provisions of this section, but only when:
(a)
The structure or part(s) thereof and the proposed use have been authorized under a zoning permit and they conform to all other applicable codes and ordinances of the Borough;
(b)
Prior site plan, subdivision, conditional use and/or variance approvals, and developers' agreements, as may be necessary, have been granted or approved by the appropriate municipal board or agency in accordance with the provisions of this chapter;
(c)
All local taxes and assessments on the property have been paid;
(d)
Confirmation from each utility company has been received by the Borough stating that the utility facilities have been constructed and inspected and are in accordance with the approved plan and are ready for use; and
(e)
Certified as-built grading plans have been submitted to and approved by the Borough Engineer, if required.
(2)
The application for a certificate of occupancy shall include a location survey, prepared by a licensed land surveyor of the State of New Jersey, showing building location, structures, decks, driveway, property lines, setback dimensions and other such other information as required to show that the proposed building or other structure complies with all of the requirements of this chapter for the zone district in which the premises is located. The Construction Official may require that an as-built plan showing building foundation construction and setbacks, prepared and certified by a licensed land surveyor, be submitted prior to framing. Every application for a certificate of occupancy shall be accompanied by the payment of a fee in accordance with the Chapter 97[2] of the Code of the Borough of High Bridge.
(3)
The Construction Official shall issue a certificate of occupancy to the owner of every structure, building or alteration entitled to same, within the time and according to the procedures set forth in the New Jersey Uniform Construction Code (N.J.A.C. 5:23), Chapter 97[3] of the Borough Code and this chapter.
(4)
With respect to any subdivision, site plan or any section of a subdivision or site plan having final approval, a certificate of occupancy shall be issued only upon the completion of the following improvements as such improvements may be required as part of subdivision and/or site plan approval:
(a)
Curbs.
(b)
All utilities.
(c)
Water supply and sewage treatment facilities, which shall be functioning and servicing the property in question.
(d)
Storm drainage facilities.
(e)
Final grading around the building for which the certificate of occupancy is requested.
(f)
Base course of the street or streets serving the property.
(g)
Base course of driveways and parking areas.
(h)
Streetlighting in accordance with site plan approval.
(i)
Applicable house or principal structure address numbers affixed on each structure, placed in plain view from curbline.
(5)
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 above, to the extent that same are required as part of the subdivision approval:
(6)
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.
(7)
Should the Construction Official decline to issue a certificate of occupancy, his/her reason(s) for doing so shall be stated on two copies of the application and one copy shall be returned to the applicant.
(8)
A temporary certificate of occupancy may be issued for a new structure or use for which site plan 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 with the approval of the Construction Official, who shall establish specific terms and conditions, including, but not limited to, a time limit for the installation of the uncompleted improvements and the receipt of an appropriate performance guarantee assuring the installation of the improvements as indicated on the approved plat or plan.
(9)
A monthly report of the certificates of occupancy issued shall be filed with the Tax Assessor. A record of all certificates of occupancy shall be kept in the office of the Construction Official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be $1 per page except that there shall be no charge to a municipal agency.
§ 145-904 Subdivision approval certificates.
A.
A prospective purchaser, prospective mortgagee or any other person interested in any land in the Borough which has been part of a subdivision in effect as of August 7, 1978, may apply in writing to the Board's administrative officer for the issuance of a certificate certifying whether or not such subdivision has been duly approved by the Planning Board.
B.
Such application shall contain a diagram showing the location and dimensions of the land to be conveyed by the certificate and the name of the owner thereof. A fee of $10 shall be paid to the administrative officer, on behalf of the Borough, for the requested certificate.
C.
The administrative officer shall make and issue such certificate within 15 days after receipt of the written application and accompanying fee. The administrative officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee received, in a binder as a permanent record in his or her office.
D.
Each certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
(1)
Whether there exists a duly established Planning Board and whether there is a duly adopted ordinance controlling the subdivision or land;
(2)
Whether the subdivision, as it relates to the land shown in the application, has been approved by the Planning Board and, if so, the date of such approval, any conditions attached to such approval and any extensions and terms thereof showing that the subdivision, of which the subject lands are a part, is a validly existing subdivision; and
(3)
Whether such subdivision, if the same has not been approved, is exempt by statute from the requirements of subdivision approval as provided in N.J.S.A. 40:55D-1 et seq. and as defined in this chapter.
§ 145-905 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 chapter, or any building, structure or land is used in violation of, or contrary to, any approved site plan and/or subdivision plat, including any conditions of approval thereto, 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.
§ 145-906 Penalties.
A.
Fines. Any violation of any provision of this chapter shall be considered an offense punishable by a fine minimum of $100, but not to exceed $10,000 for each offense or imprisonment for a term not exceeding 90 days or both. The following rules shall apply in determining responsibility for violations and penalties:
(1)
The owner, general agent, contractor or occupant of a building, premises or part thereof where such violation has been committed or does exist shall be guilty of such an offense.
(2)
Any agent, contractor, architect, engineer, builder, corporation or other person who commits, takes part or assists in such violation shall be guilty of such offense.
(3)
Each day that a violation continues shall constitute a separate offense.
(4)
The imposition of penalties herein shall not preclude the Borough or any other person from instituting an action to prevent an unlawful construction, reconstruction, alteration, repair, conversion, or use or to restrain, correct or abate a violation, or to prevent the illegal occupancy of a building, land or premises.
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 Borough approval is required in accordance with the provisions of this chapter, 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 disposition of each lot so made may be deemed a separate violation.