Keansburg City Zoning Code
§ 22-3.4
Certificates and Permits.
[Ord. #1045, § 3.4; Ord. #1258, § 1; Ord. #1410, § 1]
a.
Development Permit.
1.
Development permits shall hereafter be secured from the Zoning Officer prior to:
(a)
Application for and/or issuance of any building permit except for minor work or ordinary repairs as defined in the Uniform Construction Code;
(b)
The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure.
(c)
Application for and/or issuance of any permit for a new expanded or relocated sign;
(d)
Application for and/or issuance of any permit for erection of a fence;
(e)
Any change in use or occupancy (as herein defined);
(f)
Any alteration exceeding 5,000 square feet in the natural condition of any undeveloped parcel of land including but not limited to the alteration of drainage patterns, removal of soil, regrading, and removal of trees and ground cover provided, however, that such alterations located on and necessary to the operation of a farm as defined in this Chapter shall not require a development permit;
(g)
Any use of any portion of any parcel of land for any activity regulated by this Chapter;
(h)
The construction of any site improvement either above or below ground;
(i)
The issuance of any certificate of occupancy where no building permit was previously required;
(j)
The excavation, removal, or addition of soil or fill to or from any site exceeding 10 cubic yards.
2.
An application for development permit shall be in writing by the owner or his authorized agent and include the following:
(a)
A statement of the use or intended use or uses of the building, structure or land.
(b)
An elevation drawn to scale of the building or structure to be erected including signs to be placed thereon and their content and manner of construction.
(c)
A plan drawn to scale showing all proposed and/or existing buildings, signs, parking areas, setbacks, and yard distances in exact relocation to street and lot lines.
(d)
The proportion of existing and proposed lot coverage.
(e)
The location of any wetlands, easements, or floodplains.
3.
The Administrative Officer (Zoning Officer) shall take action on a complete application for a development permit within 45 days of its submission.
4.
Prior to issuance of a development permit, the applicant shall have, where applicable, secured other required permits including, but not limited to:
(a)
Access permit from the New Jersey Department of Transportation and/or Monmouth County Engineering Department.
(b)
Drainage permits from the New Jersey Department of Transportation.
(c)
Stream encroachment permit from the New Jersey Department of Environmental Protection.
(d)
Coastal Area Facilities Review Act (C.A.F.R.A.) permit from the New Jersey Department of Environmental Protection.
(e)
Wetlands permit from the New Jersey Department of Environmental Protection.
(f)
Riparian construction permit from the New Jersey Department of Environmental Protection.
(g)
Waterfront development permit from the New Jersey Department of Environmental Protection.
(h)
Required permits from the U.S. Army Corps of Engineers and U.S. Coast Guard.
(i)
Sewerage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection.
(j)
Land disturbance permit from the Freehold Area Soil Conservation District.
(k)
Floodplain encroachment permit.
(l)
The Keansburg Municipal Utilities Authority.
(m)
The Bayshore Regional Sewerage Authority.
5.
Prior to the issuance of a development permit, the applicant shall have secured all approvals required by this Chapter and shall have met any and all conditions of any Municipal Agency approval.
6.
A fee of $25 shall be paid to the Borough of Keansburg with the submission of a development permit application.
b.
Certificates as to Approval of Subdivision of Land.
1.
The 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 three years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the Administrative Officer for 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 and the owner thereof.
2.
The Administrative Officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer 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.
3.
Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land," and shall certify:
(a)
Whether there exists in the Borough a duly established Planning Board and whether there is an ordinance controlling subdivision of and adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(b)
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing the subdivision of which the lands are a part is a validly existing subdivision.
(c)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided by N.J.S.A. 40:55D-1 et seq.
4.
The Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee in accordance with the fee schedule.
5.
Any person who shall acquire, for a valuable consideration, an interest in the lands covered by such certificates 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 Borough pursuant to the provisions of N.J.S.A. 40:55D-55.
6.
If the Administrative Officer designated to issue any such certificate 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 Borough pursuant to N.J.S.A. 40:55D-55.
7.
Any such application addressed to the Borough Clerk shall be deemed to be addressed to the proper designated officer and the Borough shall be bound thereby to the same extent as though the same was addressed to the designated official.
c.
Construction Permit.
1.
No construction permit shall be issued unless the applicant shall have first secured a development permit.
2.
No building or structure shall be erected, added to, or structurally altered until a permit thereon has bee issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the New Jersey State Uniform Construction Code.
[N.J.S.A. 5:23-2.14]
d.
Certificate of Occupancy.
1.
Development Permit Required. No certificate of occupancy shall be issued for the use of any building, structure or land unless a development permit shall have first been issued for the use of such building, structure, or land.
2.
New Uses. No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official.
Such certificates shall be issued upon application by the owner, prospective occupant, or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Uniform Construction Code and other codes and ordinances affecting construction and occupancy.
Temporary Certificate of Occupancy may be issued pursuant to the provisions of this Chapter for any structure or use for which site plan approval has been secured, but not all conditions of approval have been complied with.
3.
Existing Uses at the Time of Passage of this Chapter[1] or any Amendments Thereto. The prospective purchaser, prospective mortgagee, or any other person interested in any land or structure may apply in writing for the issuance of a certificate certifying that the use or structure legally existed before the adoption of the ordinance or the amendment and certifying the extent and kind of use. The applicant shall have the burden of proof. Application pursuant hereto shall be made to the Administrative Officer within one year of the adoption of the chapter or the amendment or at any time to the Planning Board and shall be accompanied by the established fee. A denial by the Administrative Officer shall be appealable to the Planning Board pursuant to N.J.S.A. 40:55D-72 et al.
4.
Change of Use. Whenever there occurs a change in the occupancy or use of a nonresidential building, structure or land, a new certificate of occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. The Construction Official may issue such certificate if the Administrative Officer determines such change in occupancy or use is not a "Change in use" and that the applicant has met the requirements of the applicable regulations.
5.
Scope of Certificate of Occupancy. The certificate of occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this Chapter.
6.
Improvement Required. No permanent Certificate of Occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this Chapter. A temporary Certificate of Occupancy may be issued to permit occupancy for a period not to exceed one year. If at the end of that period the required improvements have not been completed, the occupancy permit becomes null and void and the owner may be subject to the penalties herein defined by this Chapter.
e.
Soil Erosion and Sediment Control Plan Certification. Where required, a Soil Erosion and Sediment Control Plan Certification shall be obtained from the Freehold Area Soil Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No such certification shall be valid until a development permit shall have first been issued for the subdivision, building, structure or use.