Jefferson Township City Zoning Code

A minimum required lot or yard size for one building or structure shall not be used as any part of a required lot or yard for a second structure.

The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.

The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.

Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with any provisions of law or ordinance or regulations, existing or as may be adopted in the future; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land, or upon the height of buildings or structures, or requires larger lots, yards, courts or other open spaces than imposed or required by such other provisions of law, ordinance or regulation, or by such easements, covenants or agreements, the provisions of this chapter shall control.

Wherever the provisions of any other law or ordinance or regulation impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.

No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on the Township Map.

All procedure with respect to application for and issuance of building permits shall be in conformity with the provisions of Chapter 182, Construction Codes, Uniform. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.

The plot plan shall show a separate lot for each main building; provided, however, that where a development consists of an integrated arrangement of dwellings, multiple dwellings or other buildings designed and intended to be maintained in a single ownership, the Construction Official may waive the requirement of showing separate lots for each separate main building. New buildings, additions to existing buildings that are over 500 square feet in size, accessory buildings that are over 500 square feet in size or in-ground pools shall be accompanied by an engineering plot plan of the subject lot showing the location of the buildings and structures in relation to the property and zoning setbacks, existing and proposed topographic features on the property, existing and finished grades and other such information as may be required to show that the proposed buildings and site development comply with all of the requirements of this chapter and land development regulations. The engineering plot plan application shall be designed considering the relationship of the lot in question with other adjoining properties for proper grading, erosion control and surface drainage away from the building and lot in question on a sound neighborhood development basis and without adverse effect upon adjoining properties or public streets.

No building permit shall be issued for the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter.

Where a lot is formed from part of a lot already improved, the separation must be effected in such a manner as not to impair any of the provisions of this chapter, whether related to the then existing improvement or to a proposed or future new improvement on the lot so formed, and in such a manner that both the remainder of the former lot and the new lot so formed shall comply with the lot area and lot width provisions of this chapter.

After completion of the foundation walls of a building or structure, the owner shall cause a survey to be made by a licensed land surveyor showing the true location of such foundation walls with respect to the lot lines of the lot, and a copy of such survey shall be filed with the Construction Official before any further construction is commenced.

Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure or the use thereof, provided that:

In the event that any one of the conditions of § 490-42A(1), (2) and (3) is not complied with, such building permit shall be revoked by the Construction Official.

It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land or part thereof hereafter erected or altered, enlarged or moved in whole or in part after the effective date of this chapter, or any building, structure, premises, lot or land or part thereof of which the use is changed, until a certificate of occupancy has been obtained by the owner, as provided for under the Uniform Construction Code.[1]

No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.

Upon written application by the owner or his authorized agent, the Construction Official shall issue a certificate of occupancy for any building or structure, lot or land, existing and in use at the effective date of this chapter, provided that said Construction Official shall find that such building or structure, lot or land is in conformity with the applicable provisions of this chapter, or is a nonconforming building or structure as defined in § 490-5 or a nonconforming use as defined in § 490-5, and in any case is in conformity with all other ordinances.

Fees for building permit applications and for the issuance of building permits and certificates of occupancy shall be as provided in Chapter 182, Construction Codes, Uniform.

The fee at the time of application for an engineering plot plan for a new building shall be $300 and for additions, accessory buildings or in-ground pools shall be $200.

Violations.

Penalties. For any and every violation of any written provision of this chapter and upon failure to comply with written notice thereof or order to remove such violation within five days after service of such notice or order, the owner, agent or contractor of a building, structure, premises, lot or land where such violation has been committed or shall exist and the lessee or tenant of an entire building, structure, premises, lot or land where such violation has been committed or shall exist and the owner, agent or contractor, lessee or tenant of any part of a building, structure, premises, lot or land in which part such violation has been committed or shall exist and the agent, architect, builder or contractor or any other person who commits, takes part or assists in such violation or who maintains any building, structure, premises, lot or land in which such violations shall exist shall be subject to a fine not exceeding $2,000 or to imprisonment for not more than 90 days, or both, and each and every day the violation continues after the owner, agent or contractor of the building, structure, premises, lot or land on which such violation occurred has been notified thereof shall be deemed a separate and distinct violation.

All amendments to this Zoning Ordinance and to the Zoning Map which forms a part hereof shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-62 through 40:55D-64, as most recently amended.

Any request of a change of zone shall include the following:

Fee and escrow for request of a change in the Zoning Ordinance. Any request for a change in the Zoning Ordinance pertaining to the rezoning of a particular piece or pieces of property shall be accompanied by the payment of a fee in the amount of $200, which fee shall be an application charge to cover direct administrative expenses and which fee is not refundable. In addition, every such application shall be accompanied by an escrow payment in the sum of $1,000 to cover the costs of professional services, including engineering, planning and other expenses connected with the review of the submitted request for a change in zoning. The applicant shall be charged in accordance with a fee schedule filed by the professionals with the Township Clerk indicating the amount of the fees on a per-hour basis to be charged by that professional. In the event that there is no new schedule of fees filed by the professional, the schedule previously filed by the professional shall prevail. No additional escrows shall be required unless the complexity and magnitude of the application requires additional review, in which case the applicant shall be notified of the cost of the additional review and shall be required to add to the escrow the estimated cost for the additional review. Upon a determination of the application and a decision by the Township Council, the applicant shall receive an accounting of the fees used in the escrow account, and the applicant shall receive a return of all moneys in his escrow account not used, which money shall be returned without interest. In the event that the applicant contests the accounting, a final determination as to the amount of the escrow to be paid to the Township for reimbursement of services rendered in connection with the application shall be made by the Board reviewing the application. The Township Council has the right to waive all or any portion of the application fee and/or the escrow amount for good cause shown.