Laurel Springs City Zoning Code
ARTICLE XI
Administration; Enforcement; Permits; Violations and Penalties
§ 270-68 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 of Laurel Springs. If an applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of the regulations within this chapter is impracticable or will exact undue hardship, the appropriate municipal agency may permit one or more exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
§ 270-69 Enforcement.
For any and every violation of the provisions of this chapter, the owner, contractor or other person or persons interested as lessee, tenant, or otherwise in any building or premises where such violation(s) have been committed or shall exist and who refuses to abate such violation within five days after written notice has been served upon him, either by registered or certified mail, or by personal service, shall be subject to a fine.
§ 270-70 Zoning permits; exemptions.
A.
Definitions.
ZONING OFFICER
Is the administrative officer appointed by the Borough who shall be responsible for interpreting, administering, and enforcing this section, and for the issuance of Zoning Permits and Certificates of Conformance as defined herein.
ZONING PERMIT
Means a document signed by the administrative officer which either (a) is required by ordinance as a condition precedent to the commencement of a use, or a conversion of any use to any other use, or involves the erection, construction, reconstruction, alteration or conversion of a structure or building; and (b) acknowledges that such use, structure or building complies with the provisions of the Zoning Code, or variance therefrom authorized by a municipal agency pursuant to the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-47 and 40:55D-57 (Certificate of Conformance).
B.
Zoning permit requirement.
(1)
A zoning permit shall be required in the Business Commercial Zone as defined in the Zoning Code, Article VI, and in the Downtown Business District Redevelopment District, the White Horse Pike Corridor Redevelopment District, the Laurel Road Overlay District, and under circumstances stated herein in the Residential Zone as defined in Article IV and the Professional Office Zone as defined in Article V, as a condition precedent to:
(a)
The commencement of a use, or the conversion of any use to any other use (even if no new construction is planned for the use or conversion), or any change in tenancy, use or ownership (even if tenancy does not change) of any nonresidential building, structure, or premises or part thereof; and
(b)
The erection, construction, reconstruction, alteration or conversion of a structure or building.
(2)
A zoning permit shall be required for:
(a)
Home occupations (as defined in the Zoning Code, Article IV);
(b)
For development in the Professional Office Zone (as defined in the Zoning Code, Article V); and
(c)
For development in the Residential Zone if the proposed work involves a change that results in the need for a variance or exception, the expansion of a nonconforming use, changes in setback requirements or lot coverage, or an increase in the number of dwelling units.
(3)
The zoning permit issued by the Zoning Officer shall be for the purpose of acknowledging that such proposed use, change of use, erection, construction, alteration or conversion of a structure or building complies with the provisions of the Zoning Code, or with a variance and/or site plan approval obtained from the Board.
C.
Certificate of conformance. When all conditions of the zoning permit have been met, the Zoning Officer shall issue a certificate of conformance verifying the completion of all requirements of the zoning permit, variance and/or site plan approval, including payment of all fees and posting of bonds, obtaining other agency approvals required by the reviewing board, and inspection required by the Borough for issuance of a certificate of occupancy.
D.
Applications; time for approval. All applications for a zoning permit or certificate of conformance shall be submitted on forms provided by the Borough, with payment of application fees established by the Borough, and shall be granted or denied by the Zoning Officer within 15 business days after receipt of a completed application. All applications shall include written verification by the Borough Tax Collector stating that all real property taxes and sewer assessments and all tax liens held by the Borough and chargeable to the property for which such application is being made.
E.
Denial of application. If the Zoning Officer denies the application for a zoning permit, the applicant may appeal the decision of the Zoning Officer to the Board and submit such documents as may be required to make application for approval by the Board, including, but not limited to, application for site plan approval or for a variance. Upon review of the zoning application and the basis for denial, the Board shall have the option to grant a waiver of the requirement to submit a site plan or application for a variance or instruct the applicant to proceed with a site plan review or variance application.
F.
Expiration of permit. A zoning permit shall be valid or effective for one year from the date of issuance, and it shall thereafter be null and void, unless a certificate of conformance has been issued.
G.
Exemptions.
(1)
Existing residential structures. Notwithstanding any of the foregoing provisions to the contrary and except as provided herein, no zoning permit shall be required for the following work on existing residential structures:
(a)
Installation, replacement, or repair of siding (involving no additional square footage added to structure).
(b)
Replacement or repair of existing roof or existing roof shingles (involving no additional square footage added to structure).
(c)
Installation, replacement, or repair of windows.
(d)
Replacement or repair of existing steps (involving no increase in size of steps, width, or length).
(e)
Replacement or repair of existing sewer or septic lines. If this involves curb, sidewalks, or streets, a street opening permit shall be secured from the Borough Clerk's office.
(f)
Service upgrades, repair, or replacement of panels, meter sockets, and related internal electrical work, not involving multi-meter devices or conditions or provisions of Subsection G(2)(b)[3] below.
(g)
Interior renovations provided such work does not involve a condition or change of use as indicated in Subsection G(2)(b)[3] below.
(2)
Handicapped exemptions. No zoning permit fee shall be required for the construction, reconstruction, alteration, improvement, or repair of a structure used for the sole purpose of promoting accessibility by the handicapped; "handicapped" being defined under N.J.S.A. 52:27D-126e.
(a)
Upon application for and at the discretion of the Zoning Officer, the construction, reconstruction, alteration, improvement, and/or repair or installation of ramps, lifts, etc., associated with the accessibility of handicapped persons may be permitted to infringe upon setback requirements of residential property when it has been established that no other feasible means of accessibility is available.
(b)
Before granting the application that contains an infringement upon a setback requirement, the following conditions must be met:
[1]
Just cause must be shown to the Zoning Officer why accessibility cannot be met under the current zoning regulations;
[2]
The requested infringement shall not exceed any further than the minimum building requirements of the current N.J.A.C. 5:23-7, Barrier-Free Code, and subsequent amendments or additions thereto;
[3]
The applicant owner, or occupant with owner permission, shall agree in writing to remove said ramp, lift, or other structure from the infringement area upon the death of the handicapped person, the relocation of the handicapped person, sale, or rental of the property to a nonhandicapped person, or in the event that the disability no longer exists.
(3)
Conditions for exemption. There shall be no exception from the requirement of a zoning permit for existing residential structures if the work involves any one or more of the following:
(a)
Change in the front, rear, or side yard setback;
(b)
An increase in lot coverage;
(c)
A change of use that increases the number of dwelling units;
(d)
A change that results in the need for a variance or exception;
(e)
An expansion of a nonconforming use; or
(f)
Structural changes, addition of square footage to the structure or roof, or the enclosure of existing open porch or patio.
(4)
Certification statement. No exception shall be granted unless the applicant fully completes, signs and files a certification statement of work form provided by the Construction Code Official.
H.
Relationship to construction permits. Nothing herein shall be construed to obviate the requirement for applying for and obtaining any required construction permit.
§ 270-71 Certificates of occupancy.
A.
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Construction Official:
(1)
Occupancy and use of a building erected, constructed, reconstructed, restored, altered, or moved, or any change of use of an existing building.
(2)
Occupancy, use or any change of use of vacant land.
(3)
Any change in use of a nonconforming use.
(4)
Occupancy and use of any enlargement to an existing structure.
(5)
Change in ownership and/or change in occupant in a nonresidential use.
B.
A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and the continued occupancy and use of a building or land to which it applies.
C.
It shall be the duty of the Construction Official to issue a certificate of occupancy only when:
(1)
The structure or part(s) thereof and the proposed use of the structure(s) and land conform to this chapter and all other applicable codes and ordinances of the Borough and the Uniform Construction Code.
(2)
Prior conditional use, site plan, subdivision, and variance approvals, as may be necessary, have been granted by the appropriate municipal agency or agencies in accordance with the provisions of this chapter and the proposed structure or part(s) thereof, and the proposed use of the structure(s) and land comply with all conditions and requirements imposed as part of such approvals.
(3)
All local taxes and assessments on the property have been paid.
(4)
A letter from each utility company has been received by the Borough stating that the utility has been inspected, has been installed in accordance with the approved plan, and is ready for use.
D.
A fee shall be charged for each certificate of occupancy in accordance with the Fee Ordinance of the Borough of Laurel Springs.
E.
A certificate of occupancy shall be granted or denied in writing within 20 days from the date that a written notification is filed with the Construction Official that the erection of the structure is completed unless additional time is agreed upon by the applicant in writing. If the application is denied, the Construction Official shall state the reason for such denial on two copies of the application and return one copy to the applicant.
F.
With respect to any finally approved subdivision and/or site plan, a certificate of occupancy shall be issued only upon completion of such portion of the following improvements as may be deemed by the Borough Engineer to be needed to serve the premises being offered for occupancy:
(1)
Curbs.
(2)
All utilities.
(3)
Water supply and sewerage treatment facilities which shall be functioning and servicing the property in question.
(4)
Storm drainage facilities.
(5)
Rough grading of the property.
(6)
Base course of the street or streets serving the property.
(7)
Base course of driveways and parking areas.
(8)
Street names and traffic regulatory signs.
G.
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 hereinabove to the extent that the same are required as part of a subdivision approval:
(1)
Sidewalks.
(2)
Driveway aprons.
H.
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.
I.
A temporary certificate of occupancy may be issued by the Construction Official for any structure or use for which 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 subject to specific terms and conditions, including but not limited to a timetable for achieving full compliance with all such conditions and for the completion of all required improvements, and the receipt of a performance guaranty assuring the installation of the improvements as indicated on the approved plat or plan.
§ 270-72 Violations; additional remedies.
In case any building or structure is erected, constructed, reconstructed, altered, moved, or converted or any building, structure or land is used in violation or contrary to the provisions of this chapter, 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.
§ 270-73 Violations and penalties.
A.
Any person, firm or corporation that shall violate any provisions of this chapter shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be fined such sum not exceeding $2,000, as such court in its discretion may impose; or, if the party so convicted is a natural person, such person may be imprisoned for such term not exceeding 90 days or be fined a sum not exceeding $2,000, or any combination thereof, as such court in its discretion may impose; or natural person may be imprisoned, fined and subject to community service not exceeding the maximum limits set forth herein, as such court in its discretion may impose. Each day that such violation continues beyond a 10-day period following written notice by the Construction Official or Zoning Officer or Borough Clerk served by certified or registered mail, or personal service, shall constitute a separate offense.
B.
The owner of any building or structure, lot or land or part thereof and/or the tenant or occupant of any building or structure, lot or land or part thereof, where anything in violation of this chapter shall be placed or shall exist or be suffered, allowed or permitted to exist, and any architect, builder, developer, contractor, agent, person or corporation engaged in connection therewith and who assists in the commission of such violation shall each be guilty of a separate violation and, upon conviction thereof, shall each be liable to the fine or imprisonment, or both, specified hereinabove.
§ 270-74 Penalty for selling land before final subdivision approval.
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 municipal 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 the requirements of N.J.S.A. 40:55D-55.
§ 270-75 Severability.
If any section, paragraph, subsection, clause, or provision of this chapter shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause, or provision so adjudged, and the remainder of this chapter shall be deemed valid and enforceable.
