Kingwood Township City Zoning Code
ARTICLE XI
Administration and Enforcement; Miscellaneous Provisions
§ 132-140 Zoning permit required.
A.
It shall be unlawful for any person, corporation or agent to construct, move, alter or change the use of any building or use any land without first applying for a permit.
B.
The provisions of this chapter shall be administered and enforced by the Zoning Officer of the Township of Kingwood. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use thereof would be in violation of any provision of this chapter. It shall be the duty of the Zoning Officer or his duly authorized assistants to cause any building, plans or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of any provision of this chapter, and he/she shall have the right to enter any building or premises during the daytime in the course of his duties.
§ 132-141 Records.
It shall be the duty of the Zoning Officer to keep a record of all applications for permits and a record of all permits issued, with a notation of all special conditions involved. He/she shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Township Committee and of other officials of the Township of Kingwood, the county, the state and the public. Records shall not be removed except with the written consent of the Zoning Officer. The Zoning Officer shall prepare a monthly report for the Township Committee summarizing for the period since his last previous report all building permits and certificates issued by him/her and all complaints of violations and the action taken by him/her consequent thereon. A copy of each such report shall be filed with the Township Tax Assessor at the same time it is filed with the Township Committee.
§ 132-142 Certificates of occupancy.
A.
No building shall be used or changed in use until a certificate of occupancy shall have been issued by the Zoning Officer stating that the building or the proposed use thereof complies with the provisions of this chapter.
B.
In case the Zoning Officer shall decline to issue a certificate of occupancy, his reasons for doing so shall be stated on one copy of the application, and that copy shall be returned to the applicant.
C.
A certificate of occupancy shall be issued to any owner or authorized agent, who shall be held responsible for any violation of this chapter on the premises. A record of all certificates shall be kept on file by the Zoning Officer, and copies shall be furnished to any person having an ownership interest in the building affected or to the authorized agent of such owner.
D.
A certificate of reoccupancy shall be required for any building legally existing at the time of the enactment of this chapter where the character or use of occupancy is changed.
E.
A temporary certificate of occupancy may be issued if the Zoning Officer determines that the building is sufficiently completed to insure the safety and health of the occupants. A temporary certificate of occupancy shall not be in force for more than six months and cannot be renewed.
F.
Revocation. On the serving of notice of any violation of any of the provisions or requirements with respect to any building or use thereof or of land, as specified in this chapter, the certificate of occupancy for such use shall thereupon, without further action, be null and void. A new certificate of occupancy shall be required for any further use of such building or land.
G.
Occupancy records. A monthly report of the certificates of occupancy issued shall be filed with the Tax Assessor. A record of all certificates of occupancy issued shall be kept in the office of the Zoning Officer.
§ 132-145 Fees and escrows.
[Amended 11-2-1987 by Ord. No. 5-10-87]
A.
Application fees.
(1)
Each application for development approval or appeal shall be accompanied by payment of a nonrefundable application fee as follows:
[Amended 2-17-1989 by Ord. No. 6-4-89; 7-16-1990 by Ord. No. 7-14-90]
(a)
Application for zoning permit, single-family residence: $25.
[Amended 1-18-1999 by Ord. No. 10-1-99; 5-5-2022 by Ord. No. 22-02-2022]
(b)
Application for zoning permit, other uses: $25.
[Amended 1-18-1999 by Ord. No. 10-1-99; 5-5-2022 by Ord. No. 22-02-2022]
(c)
Minor subdivision: $500, plus $200 for each new lot and remaining lands.
[Amended 12-20-1999 by Ord. No. 10-18-99; 10-1-2015 by Ord. No. 18-11-2015]
(d)
Preliminary major subdivision: $500, plus $200 for each new lot and remaining land.
(e)
Final major subdivision: $500, plus $200 for each new lot and remaining land.
(f)
Preliminary site plan and final site plan where public area or public interest improvements, such as but not limited to parking areas and curbing, but not including the costs for proposed buildings, are not expected to exceed $50,000: $500 each; and preliminary and final site plan where public area or public interest improvements, such as but not limited to parking areas and curbing, but not including the costs for proposed buildings, are expected to exceed $50,000: $1,000 each application. The application fee for site plan exemption applications is $50 each.
[Amended 9-18-1995 by Ord. No. 9-6-95; 2-21-2000 by Ord. No. 11-3-2000; 10-1-2015 by Ord. No. 18-12-2015]
(g)
Combined simultaneous application for preliminary and final site plan where public area or public interest improvements, such as but not limited to parking areas and curbing, but not including the costs for proposed buildings, are not expected to exceed $50,000: $500; and combined simultaneous application for preliminary and final site plan where public area or public interest improvements, such as but not limited to parking areas and curbing, but not including the costs for proposed buildings, are expected to exceed $50,000: $1,000.
[Added 7-9-1999 by Ord. No. 10-10-99; amended 2-21-2000 by Ord. No. 11-3-2000]
(h)
Variances:
[1]
Appeals [§ 132-131A(1)]: $350.
[2]
Interpretations [§ 132-131A(2)]: $350.
[3]
Bulk [§ 132-131A(3)]: $350.
[4]
Use [§ 132-131A(4)]: $1,000 which includes the cost of the appearance fee of the stenographic reporter for one hearing. The appearance fee of the stenographic reporter for any additional hearings shall be payable by the applicant and deducted from the applicant's escrow account.
[Amended 1-18-1999 by Ord. No. 10-1-99]
[5]
Only one charge shall be made for each category of variance sought in an application, i.e., only one bulk variance fee, no matter how many bulk variances are sought.
(i)
Boundary line adjustments involving the relocation of lot lines among two or more lots where no new building lot is created: $100.
[Added 10-18-1993 by Ord. No. 8-18-93]
(2)
NOTE: Where application is made for more than one approval, such as a combined subdivision/site plan application, preliminary/final site plan application or subdivision/bulk variances application, the fee shall be cumulative.
B.
Escrow fees for professional review.
[Amended 11-16-1987 by Ord. No. 5-13-87; 2-17-1989 by Ord. No. 6-4-89; 7-16-1990 by Ord. No. 7-14-90; 10-18-1993 by Ord. No. 8-18-93; 9-18-1995 by Ord. No. 9-6-95; 6-17-1996 by Ord. No. 9-11-96]
(1)
Escrow fees. In addition to the foregoing nonrefundable application fees, all applicants for development shall establish one or more escrow accounts with the municipality to cover all professional, environmental, legal, engineering, planning, expert review and consultation fees associated with the review and processing of the application, including, without limitation, the preparation of documents and inspection of developments under construction. Said escrow fees shall be required for all applications for development.
(2)
Time for payment; additional escrow funds.
(a)
At the time of submitting an application for development and periodically thereafter, each applicant shall deposit to the escrow account the amounts hereinafter provided.
(b)
All applicants shall, at the time of the application, execute an escrow agreement, which shall also be executed by the property owner, if the developer is not the property owner. The escrow agreement shall be in a form prescribed by the approving agency, and the applicant and property owner shall agree to replenish the escrow account in accordance with the procedures and amounts set forth in Subsection B(9).
[Amended 10-4-2005 by Ord. No. 13-10-2005]
(c)
All application fees and escrow deposits must be paid prior to certification by the administrative officer that the application is complete.
(d)
In the event that the amounts required to be posted by this subsection are not sufficient to cover the municipality's estimated anticipated professional charges associated with the application, the Planning Board, Board of Adjustment or municipal governing body shall request additional escrow funds as per Subsection B(9).
(3)
Professional rates.
(a)
The rates to be charged for professional services in connection with the review and processing of an application shall be established for the Planning Board, Board of Adjustment and municipal governing body by resolution of each such entity.
(b)
The rates charged to escrow accounts by the professionals shall be the same rate which the professional charges the Township of Kingwood for all other work of the same nature when such fees are not reimbursed by or otherwise imposed upon applicants or developers.
(c)
The only costs which may be added by the professionals to the charges for their fees shall be limited to actual out-of-pocket expenses including, without limitation, normal and typical expenses incurred in reviewing and processing applications and inspecting improvements.
(d)
All professional charges for review and processing of all application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary given the status and progress of the application or construction.
(e)
No charges shall be made to an escrow account for any municipal overhead expenses, meeting room charges, clerical or administrative functions or any other municipal costs or expenses except as otherwise provided in this subsection.
(f)
A professional shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction except to the extent that consultation with a state agency is necessary due to the effect of state approvals in the subdivision or site plan.
(4)
Inspection fees. Following approval of a major subdivision or site plan and prior to commencement of construction, the applicant shall deposit to the escrow account an amount sufficient to pay for anticipated inspection fees and any anticipated additional professional review services.
(5)
Initial review escrow deposits; minimum amounts required.
(b)
For all subdivisions: $500 per lot, including the remaining lands.
[Amended 5-1-2007 by Ord. No. 14-10-2007]
(c)
Boundary line adjustments involving the relocation of lot lines among two or more lots where no new building lot is created: $200 per lot.
(d)
Preliminary site plan and final site plan, each: $3,000, plus $100 per acre for the lot which is the subject of the application, plus $25 per 100 square feet of existing and anticipated building coverage. For site plan exemption applications: $750.
[Amended 11-18-1996 by Ord. No. 9-13-96; 10-1-2015 by Ord. No. 18-12-2015]
(e)
Applications for mergers and applications which are determined by the Planning Board to be for agricultural purposes, result in the creation of lots which are five acres or larger in size; and do not require the creation of any new roads: $200 per lot.
(f)
Preliminary site plan and final site plan for major solar or photovoltaic energy facilities and structures, each: $5,000.
[Added 4-25-2011 by Ord. No. 16-16-2011]
(g)
Board of Adjustment applications:
[Added 7-1-2021 by Ord. No. 21-18-2021]
[1]
Appeals [§ 132-131A(1)]: $700.
[2]
Interpretations [§ 132-131A(2)]: $700.
[3]
Bulk [§ 132-131A(3)]: $1,000 for the first variance and $250 for each additional variance after the first variance.
[Amended 11-4-2021 by Ord. No. 21-21-2021]
[4]
Use [§ 132-131A(4)]: $2,500.
(6)
Construction and inspection escrow.
(a)
Before commencement of any work on site, including grading or clearing, the following shall be posted:
Total Cost of Improvements | Inspection Escrow |
|---|---|
Less than $10,000 | 7%; minimum $500 |
$10,000 to $49,999 | $700 plus 6% of the excess over $10,000 |
$50,000 to $99,999 | $3,100 plus 5% of the excess over $50,000 |
$100,000 to $199,999 | $5,600 plus 4.5% of the excess over $100,000 |
More than $200,000 | $10,000 plus 4% of the excess over $200,000 |
(b)
For those developments for which the reasonably anticipated fees are $10,000 or greater, the fee may, at the option of the developer, be paid in accordance with the installment provisions of N.J.S.A. 40:55D-53h.
(7)
(8)
Requirement of initial escrow payment. The municipal boards and governing body and the professionals employed by the boards of the municipality shall not review, act upon or consider any plan until such time as the initial fees and escrows are paid, and the Township professionals shall not commence reviewing the application and improvements until advised that the initial fees and escrows have been paid.
(9)
Replenishment of escrow for applications and inspections.
(a)
The escrow associated with each application and inspection shall be replenished whenever the Chief Financial Officer determines that the escrow account contains insufficient funds to enable the municipality or approving authority to perform application reviews or processing or improvements inspections. The Chief Financial Officer shall provide the applicant with a notice of the insufficient escrow or deposit balance; and in order for the work to continue on the development of the application, the applicant, within a period of 30 days, shall post a deposit to the account in an amount to be agreed upon by the Chief Financial Officer on behalf the municipality and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
(b)
If there is a refusal or failure to make payment of any replenishment amount within 30 days of notice provided by the Chief Financial Officer, further processing, review or inspection of the application or the applicant's project shall be ended pending satisfaction of the escrow requirements.
(10)
Billing to escrow.
(a)
Charges to escrow accounts for review and processing of applications, review and preparation of documents and inspection of improvements shall be made pursuant to a voucher from the professional setting forth:
[i] | The personnel performing the service; |
[ii] | The date the services were performed; |
[iii] | The hours spent to one-fourth-hour increments; |
[iv] | The hourly rate; and |
[v] | The expenses incurred. |
(b)
The professional shall simultaneously send to the applicant an informational copy of all vouchers or statements submitted to the Township.
(11)
Accounting of escrow accounts. The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds, listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis if monthly charges to the escrow are $1,000 or less or on a monthly basis if monthly charges to the escrow account exceed $1,000.
(12)
Closeout of escrow accounts. The following closeout procedure shall be applicable to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D et seq. and shall become applicable:
(a)
In the case of application review and processing escrows, after the approving authority has granted final approval and signed the subdivision plat or deeds or site plan; and
(b)
In the case of improvement inspection escrows, after the improvements have been approved as provided in N.J.S.A. 40:55D-53.
(13)
Substitution of professional. If the Township retains a different professional or consultant in the place of the professional originally responsible for development, application review or inspection of improvements, the Township or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project.
(14)
Dispute of charges to escrow accounts. Whenever an applicant disputes the charges made by a professional to the Township in reviewing and processing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall notify the governing body thereof in writing and provide copies to the Chief Financial Officer, the approving authority and the professionals. The governing body, or its designee, shall attempt to mediate any disputed charges within a reasonable period of time. If, however, the dispute is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals in the manner and time set forth in N.J.S.A. 40:55D-53.2a.
§ 132-147 Violations and penalties.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
Any owner or agent or any person, firm or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure or who shall put into use any lot or land in violation of any detailed conditions or plan submitted hereunder or who shall refuse reasonable opportunity to inspect any premises shall be subject to the penalty provisions in Chapter 1, General Provisions, Article II, General Penalties, of the Township Code. Each and every day such violation continues shall be deemed a separate and distinct violation.
§ 132-148 Severability.
In the event any section or provision of this chapter shall be held invalid by any court of competent jurisdiction, the same shall not affect any other section or provision of this chapter. Any section or portion so declared invalid shall be separate from the remainder or any portion thereof.
§ 132-149 Repealer.
With the adoption of this chapter, the existing Zoning Ordinance of the Township of Kingwood, being Ordinance No. 7-15-68, as amended and supplemented, is repealed; provided, however, that the adoption of this chapter shall not prevent or bar the continuance or institution of any proceedings for offenses heretofore committed in violation of that ordinance.
§ 132-150 When effective.
This chapter shall take effect immediately upon final passage, publication according to law and filing with the Hunterdon County Planning Board.