Hopewell Township City Zoning Code
ARTICLE II
PERMITS AND CERTIFICATES; ENFORCEMENT 1
§ 17-13 BUILDING PERMITS.
No one shall erect, construct, alter, repair, remodel, convert, remove or destroy any building or structure without first obtaining a building permit from the construction official except as expressly provided in these ordinances or by State law. Building permits shall be issued only upon compliance with all applicable requirements, including but not limited to any requirements imposed by the municipal planning board, zoning office, zoning board of adjustment, department of health, department of public works, and any other municipal, State or Federal requirement imposed by ordinance, regulation or statute. Where applicable, a building permit will only be issued after the full width of the bituminous stabilized base course and all curbs, drainage systems and utility crossings within the full right-of-way are constructed, inspected, and approved by the township engineer up to and along the frontage of the lot on which the building or structure is to be erected. Builder and/or developer may enter into a developer's agreement, acceptable to the township engineer and approved by the township committee, which may modify via a construction phasing plan the requirement that the aforementioned public improvements be constructed prior to the issuance of a building permit.
§ 17-14 ZONING PERMIT.
a.
A zoning permit shall be required as a condition precedent to the commencement or change of a use or the erection, construction, reconstruction, alteration (except interior alterations which do not affect use), conversion or installation of a structure or building.
b.
A zoning permit may be obtained for the convenience of the owner or prospective user of a property to acknowledge that such use, structure or building complies with the provisions of the Hopewell Township Land Use and Development Law or variance therefrom which has been duly authorized by the proper municipal agency.
c.
All requests for zoning permits shall be made to the zoning official in writing, specifying the lot or building involved, and the proposed use and such other information as may be required. A zoning permit shall not confer upon the applicant the right to build, construct or alter a building, but shall pertain only to the use thereof.
If it shall appear at any time to the zoning officer that any erection, construction, alteration, repair, or conversion is being performed upon the premises or any use conducted thereon differing materially from that permitted by a duly issued zoning permit, he shall forthwith revoke the zoning permit.
§ 17-15 CERTIFICATES OF OCCUPANCY.
[Ord. #05-1340, § 1]
A certificate of occupancy must be obtained pursuant to the Uniform Construction Code for all new constructions, reconstructions, alterations, conversions or installations of a structure or building.
No certificate of occupancy shall be issued until all applicable requirements of the Uniform Construction Code and the regulations adopted thereunder, the site plan, subdivision, and plot plan have been complied with, including all underground utilities, bituminous stabilized base course for the roadway, and grading within six inches of approved finished grade which shall be shown on an as-built survey certified by a New Jersey licensed land surveyor. Said as built grading survey shall not be a requirement for the issuance of a certificate of occupancy for the construction of an addition to existing single family residences when said addition does not exceed 25% of the gross floor area of the existing structure and does not require any bulk variance(s).
A certificate of occupancy shall be issued when unfinished site work, such as parking, landscaping, drainage and lighting, is covered by a performance guarantee. The performance guarantee shall be posted with the township committee, in an amount approved by the township engineer and form approved by the township attorney, to ensure the completion of the unfinished site work.
§ 17-16 TEMPORARY CERTIFICATE OF OCCUPANCY.
[Ord. #05-1340, § 2]
a.
In extraordinary or exceptional situations, where construction or alterations have been delayed due to weather or other conditions beyond the owner's control, the construction official may authorize the issuance of a temporary certificate of occupancy to enable the use and occupancy during completion. No such temporary permit shall be authorized if the use of occupancy would constitute a health or safety hazard or would be detrimental to the public welfare. A temporary certificate of occupancy must reflect the approximate length of time needed to complete the work, as determined by the construction official in consultation with the appropriate subcode officials or with the agency governing the incomplete approval, as appropriate. A temporary certificate of occupancy shall not be issued when any of the following items that are part of a construction project have not yet been provided: health and life-safety systems; sewer or septic system connection; water supply connection or well certification; electric utilities connection; gas utilities connection; New Home Warranty; rooming and boarding home license; elevation certificate in flood hazard plain; where required, an accessible route must be provided, although the accessible route provided under a TCO may be temporary; or emergency vehicle access.
b.
No temporary certificate of occupancy permit shall be authorized unless a performance guarantee shall be posted with the township committee in an amount approved by the construction official and form approved by the township attorney, to insure the completion of all erection, construction, alteration, repair, or conversion and attendant requirements for which application has theretofore been made. Such bond may be waived upon good cause shown, by the township committee.
§ 17-17 CONSTRUCTION TRAILER AND SHED PERMITS.
a.
The temporary use of readily portable construction sheds and construction trailers may be permitted in any district during the period of, and in connection with the actual construction of a permanent structure on the lot upon which such shed or trailer is located as determined by the zoning officer.
b.
No such shed or trailer shall be used or suffered to be used for dwelling or living purposes at any time.
c.
The location of any shed or trailer shall conform to the requirements for locating buildings in a flood hazard area (Chapter 12).
d.
Permits for such sheds or trailers shall be issued by the construction official only for the reasonably anticipated period of the construction at which they are to be used and shall, in no event, be issued for more than one year.
e.
Such permits may be renewed by the construction official for periods not longer than six months, if construction activity is continuing.
f.
Any such shed or trailer shall, in any event, be removed immediately upon substantial completion of the construction at which it is used.
§ 17-18 TEMPORARY RESIDENTIAL LIVING UNIT.
Where a building permit has been issued to restore, reconstruct or alter an existing residence made uninhabitable due to a disaster such as a fire, the construction official may issue a temporary permit for a temporary living unit which unit shall not be permanently affixed to either the land or utilities thereon but may be used by the owners of the property in question as a residence during the reconstruction of the residence. This permit shall be valid for a period not to exceed six months and may be extended for one additional period of not more than six months if the construction official finds that construction has been diligently pursued and that justifiable circumstances require such an extension. Such type of living unit shall be situated upon the land for which the building permit has been issued and be approved by the construction official and the department of health prior to occupancy.
§ 17-19 TEMPORARY ACTIVITIES PERMIT.
a.
For the purpose of this section, temporary activities shall be defined as sporadic, seasonal or infrequent activities which, because of their exigent, charitable, or beneficial nature are so required or conducted that they contribute materially to the health, welfare or economic advantage of the township and of its citizens.
b.
Temporary activities shall be permitted, provided that the township committee shall find that the temporary activity requested is such as to come within the above definition and directs the zoning officer to issue a temporary activity permit.
c.
Notwithstanding any of the provisions hereinabove set forth, a temporary activity permit shall be issued for a period not to exceed 14 consecutive days. Such permits may be renewed by the zoning officer without further application to the governing body for one additional period of up to 14 consecutive days. Any such permit shall expire upon the date specified therein.
d.
The receipt of a temporary activity permit shall create no permanent right in the applicant nor any right of the applicant to conduct such activity at any time in the future beyond the time limited by the terms of such permit, whether by way of estoppel, acquiescence, sufferance or otherwise.
e.
In the event that any temporary activity is permitted or suffered to depart from the terms of the permit under which it is purportedly conducted, the zoning officer shall forthwith revoke the same and the applicant shall cease all such activities as well as all temporary activities for which a temporary activity permit was given.
§ 17-20 CERTIFICATES AS TO APPROVAL OF SUBDIVISION OF LAND.
a.
A prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision on or after August 1, 1973, may apply in writing to the township administrator for the issuance of a certificate certifying whether or not such subdivision has been approved by the planning board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof. The township administrator shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The administrator shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
b.
Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:
1.
That there exists in the township a duly established planning board and there is an ordinance controlling subdivision of land adopted under the authority of State law.
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 and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.
3.
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided under the Municipal Land Use Law.
c.
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provisions of section 17-29c.
d.
If the township administrator fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to section 17-29c.
§ 17-21 ENFORCEMENT.
[Ord. #528]
In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any buildings, structure or land is used in violation of these ordinances or other regulations, the proper authorities of the township 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 such building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.