Lebanon Township City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 400-53 Zoning Officer.
The provisions of this chapter shall be administered by the Zoning Officer who shall be designated by the Township Committee.
A.
Duties. The duties of the Zoning Officer shall be:
(1)
To examine all applications for permits.
(2)
To issue permits only for buildings and uses which are in conformity with the regulations of this chapter and of any subsequent amendments and the resolutions of approval by the Planning Board or Board of Adjustment.
(3)
To record and file all applications for permits, together with accompanying plans and documents and to maintain them as a public record.
(4)
To ensure all conditions contained in resolutions of approval by the Planning Board or Board of Adjustment have been complied with and to notify the Planning Board and Board of Adjustment, upon the issuance of a certificate of occupancy, that all conditions contained in the resolution of approval have been met.
(5)
To issue permits for conditional uses only after such uses have been approved by the Planning Board in accordance with the requirements of this chapter.
(6)
To make available, upon request, facts, records and any similar information which will assist the Planning Board, Board of Adjustment or other Township body in their work.
(7)
To keep this chapter and the Zoning Map up to date, by appending any amendments or map changes as soon as they are enacted.
(8)
To examine and issue telecom permits to operate in the right-of-way.
[Added 9-20-2017 by Ord. No. 2017-06]
B.
Action against violations.
(1)
When the Zoning Officer finds that any provision of this chapter is being violated, he shall notify in writing the person responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct it and shall furnish a copy of such letter to the Planning Board.
(2)
He shall order discontinuance of illegal use of land, building or structure, removal of illegal buildings or structures or illegal additions, alterations or structural changes in existing buildings or discontinuance of any illegal work or shall take any other action necessary to insure compliance with or to prevent violation of the provisions of this chapter.
C.
Enforcement. No permit of any kind provided for by this chapter shall be granted by the Zoning Officer except in compliance with the provisions of this chapter, and in compliance with a decision of the Board or of the courts.
D.
Complaints regarding violations. Any person may file a written complaint against violation of this chapter. The complaint, stating in full the causes and basis, shall be filed with the Zoning Officer. He shall record such complaint properly, investigate immediately and take action thereon as provided by this article.
E.
Penalty for violation. Any person who violates this chapter or any director or office of a corporation who permits or participates in a violation of this chapter shall be subject to the penalties provided by state statute. Nothing herein shall prevent the Township from availing itself of any other legal action or remedy to prevent or remedy any violation of this chapter.
F.
Revocation of permits.
(1)
The Zoning Officer may, at any time, revoke the zoning permit where, in his opinion, he finds that the application or accompanying data is in any respect false or misleading or that work is being done upon the premises materially different from that called for in the application or in violation of existing laws or ordinance.
(2)
After the permit has been revoked, the Zoning Officer may, in his discretion before issuing a new permit, require the applicant to secure approval from the appropriate authority or board who may attach additional requirements to assure compliance with this chapter and any other law or ordinances of the Township.
§ 400-54 Permits and certificates; fees.
[Amended by Ord. No. 11-1983; Ord. No. 15-1984; Ord. No. 13-1987; Ord. No. 14-1987; Ord. No. 25-1989; Ord. No. 13-1990; Ord. No. 4-1992; Ord. No. 12-1997; Ord. No. 12-1998; Ord. No. 29-1998; Ord. No. 31-1998; Ord. No. 02-2000; Ord. No. 2001-46; Ord. No. 2002-15; Ord. No. 2003-02; Ord. No. 2003-06]
A.
Zoning permit. A zoning permit shall be required for any development.
(1)
Application for permits shall be made in writing to the Zoning Officer and shall contain all information necessary for the officer to ascertain whether the proposed development complies with the provisions of this chapter.
(3)
Permits shall be granted or refused within 10 days from the date of application. Failure of the Zoning Officer to act within such time shall be deemed to constitute refusal on the part of the Zoning Officer except in cases where there is mutual agreement to extend the time period and the applicant may appeal the refusal to the appropriate authority.
(4)
No zoning permit which is not in conformity with the regulations of this chapter shall be issued except after written order from the Board or the courts.
(5)
All applications for zoning permits shall be accompanied by three sets of plans drawn to scale and showing the following:
(a)
Actual dimensions and shape of lot to be built upon.
(b)
Exact size and location on the lot of all buildings and other structures, if any, and the location and dimensions of proposed buildings and other structures, or alterations to existing buildings or structures.
(c)
Existing and proposed uses.
(d)
Any other lawful information that may be required by the Zoning Officer.
(6)
Two copies of the plans shall be returned to the applicant by the Zoning Officer after he shall have marked such copies either approved or disapproved and attested to same by his signature. One copy shall be kept available at the construction site. The third copy of the plans, similarly marked, shall be retained and filed by the Zoning Officer as a public record.
B.
Certificate of occupancy.
(1)
For new uses or alterations to existing uses, or change of use. No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Zoning Officer. Such certificate shall be issued upon application and only after the Zoning Officer determines that the facts represented in the application are correct and that the building, structure or use is in conformance with the provisions of this chapter or has been permitted by proper authorization of the Planning Board or Board of Adjustment.
(2)
For existing uses. Upon written request from the owner, tenant, occupant or purchaser under contract, the Zoning Officer, after inspection, shall issue an occupancy permit for a use legally existing at the time of this chapter certifying the extent and kind of use and whether any such existing use conforms with the provisions of this chapter.
(3)
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 a nonconforming use and the extent to which the use does not conform to the provisions of this chapter.
C.
Sign permit. A sign permit shall be required prior to the erection or alteration of any nonresidential sign.
(1)
Application for a permit shall be made in writing to the Zoning Officer and shall contain all information necessary for such officer to determine whether the proposed sign, or the proposed alterations, conform to all the provisions of this chapter.
(2)
Permits shall be granted or refused within 10 days from date of application. Failure of the Zoning Officer to act within such time shall be deemed to constitute refusal of the application.
(3)
All applications for sign permits shall be accompanied by plans or diagrams in duplicate and approximately to scale, showing the following:
(4)
One copy of the plan shall be returned to the applicant by the Zoning Officer after he shall have marked the copy either approved or disapproved, and attested to same by his signature. The second copy, similarly marked, shall be retained and filed by the Zoning Officer as a public record.
D.
Application fees. There is hereby established, in connection with various applications for development and other matters which are the subjects of this chapter, the following schedule of fees:
(1)
Copy of a decision of the governing body to an interested party in connection with an appeal: cost of publication: $10.
(2)
Publication in a newspaper of a decision of the governing body on an appeal: payment of actual cost of publication.
(3)
Development applications.
[Amended 11-4-2009 by Ord. No. 2009-10; 3-17-2010 by Ord. No. 2010-05]
(a)
Minor subdivision.
[1]
Lot line adjustment/merger: $150.
[Amended 8-18-2021 by Ord. No. 2021-11]
[2]
Minor subdivision plat: $300 for first lot and $100 for each additional lot, not to exceed $500. If the application and/or plat are ruled incomplete and returned to the applicant for correction for whatever reason, a fee of $100 must be paid with each resubmittal.
[3]
Extension of time: $200.
[Amended 8-18-2021 by Ord. No. 2021-11]
(b)
Major subdivision.
[1]
Sketch plat: $200.
[2]
Preliminary plat: $250 plus $100 per lot.
[3]
Final plat: $200 plus $50 per lot.
[4]
For any extension of a preliminary plat or final plat, the applicant shall pay an application fee of $200 and a minimum amount of $750 for escrow fees. In the event that the services rendered exceed the minimum escrow fee, the applicant shall pay the balance due prior to the adoption of the resolution memorializing the action of the Planning Board.
[Amended 8-18-2021 by Ord. No. 2021-11]
(c)
Minor site plan: $350.
[1]
Preliminary: $450 plus $5 per 1,000 square feet lot area, plus $5 per 100 square feet of proposed building floor area.
[Amended 8-18-2021 by Ord. No. 2021-11]
[2]
Final: $300 plus $1 per 1,000 square feet lot area, plus $1 per 100 square feet of proposed building floor area.
[Amended 8-18-2021 by Ord. No. 2021-11; 11-3-2021 by Ord. No. 2021-12]
(d)
Large tract site plan. In the case of a site plan for a tract of land in excess of 10 acres, where no development or land disturbance will take place on a contiguous segment of the tract constituting more than 50% of the total tract acreage, the formula for the fees in Subsection D(3)(a)[4][a] and [b], which are based on lot acreage, may be reduced by the Planning Board in the proportion that the area of the undisturbed segment bears to the area of the entire tract.
[1]
Preliminary approval: $450 plus $5 per 1,000 square feet of lot area or part thereof, plus $5 per 100 square feet of proposed building floor area or part thereof.
[Amended 8-18-2021 by Ord. No. 2021-11]
[2]
Final approval: $450 plus $1 per 1,000 square feet of lot area or part thereof, plus $1 per 100 square feet of proposed building floor area or part thereof.
[Amended 8-18-2021 by Ord. No. 2021-11]
[3]
For any extension of a preliminary or final site plan approval, the applicant shall pay an application fee of $200 and a minimum amount of $750 for escrow fees. In the event that the services rendered exceed the minimum escrow fee, the applicant shall pay the balance due prior to the adoption of the resolution memorializing the action of the Planning Board.
[Amended 8-18-2021 by Ord. No. 2021-11]
(e)
Informal review of concept plan. For one meeting with Planning Board: $150. For multiple meetings: $150 each, and in cases where the developer desires review by the Planning Board Engineer and/or planner, 1/3 of the conventional preliminary fee or 1/3 of the master development plan fee, as appropriate. In the event that the developer subsequently submits a preliminary application or master development plan application for the proposed development, the amount of any informal review fees shall be credited towards those formal application fees.
[Amended 8-18-2021 by Ord. No. 2021-11]
(f)
Exemption from site plan review: $50.
(h)
Telecom permit: $100.
(i)
Under 200 square feet: $25 (this includes fences).
[Added 9-2-2020 by Ord. No. 2020-08]
(j)
Two hundred square feet to 1,000 square feet: $50.
[Added 9-2-2020 by Ord. No. 2020-08]
(k)
Additions and accessory buildings under 2,000 square feet: $100.
[Added 9-2-2020 by Ord. No. 2020-08]
(l)
Projects over 2,000 square feet: $200.
[Added 9-2-2020 by Ord. No. 2020-08]
(4)
Conditional use applications: $350 in addition to other applicable fees.
[Amended 8-18-2021 by Ord. No. 2021-11]
(5)
Variances and appeals.
[Amended 11-4-2009 by Ord. No. 2009-10; ]
(a)
Appeals from a decision of a building or zoning official: $500 for the first lot and $100 for each additional lot.
[Amended 8-18-2021 by Ord. No. 2021-11]
(b)
Interpretation of the Zoning Map or zoning regulations or requests for decisions on other special questions: $500 for the first lot and $100 for each additional lot.
[Amended 8-18-2021 by Ord. No. 2021-11]
(c)
Variances from lot area, lot dimensional setback and yard requirements: $350 for the first lot and $100 for each additional lot, in addition to other applicable fees. Where more than one variance or more than one certification is sought in a single application, the applicant shall pay an additional fee of $100 for each additional certification, yard encroachment, dimensional specification or other ordinance requirement requiring variation.
[Amended 8-18-2021 by Ord. No. 2021-11]
(d)
Variances from use regulations: $450 for the first lot and $100 for each additional lot, in addition to other applicable fees.
[Amended 8-18-2021 by Ord. No. 2021-11]
(e)
Direction for issuance of a permit for a building or structure in the bed of a mapped street (includes evaluation of existing private roads) or public drainageway, flood control basin or public area reserved on an official map: $400.
[Amended 8-18-2021 by Ord. No. 2021-11]
(f)
Direction for issuance of a permit for a building or structure not related to a street: $200.
(g)
Application for certification of a prior nonconforming use or certification of a prior nonconforming structure: $100.
(h)
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(5)(h), regarding applications requiring a public hearing, was repealed 4-2-2014 by Ord. No. 2014-02. See now § 400-54F(4).
(i)
Continued hearings: $100 per each additional meeting, paid in advance.
(6)
Application fee for special meeting: $400.
[Added 8-18-2021 by Ord. No. 2021-11]
E.
Other matters.
(1)
Fees shall be paid at the time of application.
(2)
In the event the application is for more than one category of relief or action, the fee shall consist of the total of the normal fees for each category of action.
(3)
Applicants shall be required to pay any extraordinary costs relating to site plan review or conditional use approval, including engineering or other expert fees.
(4)
Transcribing fees. The Boards may require the taking of testimony stenographically and having the same transcribed, the cost of which shall be borne and paid for by the appellant or applicant. The Boards may require a deposit to be made for such purposes as shall be reasonable under the circumstances.
(6)
All taxes and assessments against a property shall be paid prior to the Board's consideration of any application.
F.
Escrow accounts and technical review fees.
(1)
Escrow fees: general provisions.
(a)
In addition to the nonrefundable application fees, the applicant shall be required to establish one or more escrow accounts with the Township to cover the cost of professional services in connection with the review of said application, including but not limited to shorthand reporting and transcripts; review, inspection, testimony and reports of the Township Engineer, Township Planner, Board Attorney, and any other professionals whose services are deemed necessary with respect to processing the application by the approving agency, in order to assure compliance with the provisions of this article.
[1]
Said escrow fees shall be required for all applications for approval of site plans, preliminary and final major subdivisions, variances of any type, certifications of a prior nonconforming use, certifications of a prior nonconforming structure and all minor subdivisions.
(b)
At the time of submitting an application to the administrative officer for site plan or subdivision review before either the Board of Adjustment or Planning Board, the applicant shall be required to make a deposit to the escrow account as hereinafter provided and execute an escrow agreement. The escrow agreement shall be in a form approved by the Planning Board Attorney or attorney for the Board of Adjustment. All fees and escrow deposits must be paid prior to certification by the administrative officer that the application is complete. In the event that the amounts required to be posted by this article are not sufficient to cover the Township's professional charges associated with this application, the Planning Board or Board of Adjustment shall request additional escrow funds.[3]
[3]
Editor's Note: Ord. No. 2021-11, adopted 8-18-2021, added an escrow agreement to this subsection, included as an attachment to this chapter.
(c)
Following approval of a major subdivision or site plan and prior to commencement of construction, the applicant shall be required to make a further deposit to the escrow account to provide sufficient escrow to pay for anticipated inspection fees and any anticipated additional professional review services.
(d)
The escrow associated with each application shall be replenished whenever the original escrow is reduced by charges against the account to 35% or less of the original amount. The administrative officer of the Planning Board shall notify the applicant of the requirement to replenish the escrow, and the applicant shall be requested to deposit up to 35% of the original escrow amount. No further consideration, review, processing or inspection shall be performed by or on behalf of the Board until the additional escrow has been paid.
(e)
Whenever an amount of money in excess of $5,000 shall be deposited in escrow by an applicant in accordance with this article, the municipality shall establish an individual interest-bearing account in a state-approved depository, and the account shall be administered in accordance with N.J.S.A. 40:55D-53.1. All amounts less than $5,000 shall be held in a single bank account established for technical review fee escrow, but the Township shall maintain individual accounting for escrow fees associated with each separate application.
(f)
In the event any applicant desires an accounting of the expenses or fees paid by him for professional review, he shall request such in a letter directed to the administrative officer. The applicant shall be responsible for any costs incurred by the Planning Board or Board of Adjustment in having its professional and administrative staff prepare an accounting of the fees expended.
(g)
The Township Engineer, planning consultant or approving agency attorney and any other professional engaged by the Board as experts in connection with the application shall submit vouchers for all fees for examination, review or testimony, to the approving agency for approval, after which the bill shall be forwarded to the Township and shall be paid in the ordinary manner.
(h)
If any money deposited in the escrow account is unexpended upon completion of the project and the satisfactory completion of the maintenance period, if any, or phased section in the case of sectionalized application, said amount shall be returned to the applicant or, at the developer's request, applied to the next phase. One-third of all interest accrued on escrowed funds shall be paid to the Township to defray the costs of administrative expenses, and the balance will be returned to the applicant.
(2)
Initial deposits.
[Amended 12-7-2005 by Ord. No. 2005-15; 3-7-2007 by Ord. No. 2007-3; 9-17-2008 by Ord. No. 2008-8]
(a)
The initial escrow fees for technical review shall be as follows:
[Amended 11-4-2009 by Ord. No. 2009-10; 3-17-2010 by Ord. No. 2010-05]
[1]
Minor subdivision application: $1,500.
[2]
Major subdivision application: 200% of application fee.
[3]
Minor site plan: $1,000.
[4]
Preliminary minor site plan: 200% of application fee.
[5]
Large tract site plan: 200% of application fee.
[6]
Application for a certification of a prior nonconforming use or a certification of a prior nonconforming structure: $500.
[7]
Application for the direction for issuance of a permit for a building or structure not related to a street: $2,000.
[8]
Application for conditional use approval: $1,500.
[9]
Variance application pursuant to N.J.S.A. 40:55D-70c: $750.
[10]
Variance application pursuant to N.J.S.A. 40:55D-70d: $1,500.
[11]
Application for lot line adjustment or merger: $1,500.
[12]
For a request for an extension of time regarding a minor subdivision, major subdivision or site plan or an extension of time in which to obtain building permits or complete work in connection with a variance under § 45-20: $750.
[13]
Appeals from a decision of an administrative officer under N.J.S.A. 40:55D-72: $400.
[14]
Request for interpretation to the Board of Adjustment: $400.
[15]
Request for informal discussion: $700.
[Amended 8-18-2021 by Ord. No. 2021-11]
[16]
Application for exemption from site plan review: $500.
[18]
Application for amended site plan or amended subdivision approval: $1,000.
[19]
For applications declared complete but not yet approved as of the effective date of this article, escrow fees shall be paid for all professional services rendered after the effective date.
[20]
Request for special meeting: $750.
[Added 8-18-2021 by Ord. No. 2021-11]
(b)
A larger initial escrow fee may be required as deemed necessary by the Board in light of the particular circumstances of the application. The initial deposit is required for a complete application. Additional review fees as required shall be paid in accordance with Subsection F(1)(d). In addition to the escrow fees required above, any applicant for a major subdivision involving a geologic investigation pursuant to § 330-29 shall provide a fee of $150 for each lot included in the Carbonate Area District, and any applicant for a major site plan involving a geologic investigation pursuant to § 330-29 shall provide a fee of $5 per 1,000 square feet to be disturbed, plus $50 per 1,000 square feet of proposed building floor area or part thereof.
(3)
Escrow fees for inspection. Inspection fees, based on the cost of construction, exclusive of buildings, as estimated by the Township Engineer, shall be as follows:
Cost of Construction | Fees |
|---|---|
Less than $5,000.00 | $250.00 |
$5,000.00 to $10,000.00 | $250.00 plus 4 1/2% of the excess over $5,000.00 |
$10,000.00 to $50,000.00 | $475.00 plus 4% of the excess over $10,000.00 |
$50,000.00 to $75,000.00 | $2,075.00 plus 3 1/2% of the excess over $50,000.00 |
$75,000.00 to $100,000.00 | $2,950.00 plus 3% of the excess over $75,000.00 |
$100,000.00 or more | $3,700.00 plus 2 1/2% of the excess over $100,000.00 |
(4)
The applicant for any development application requiring a public hearing shall, after the application has been placed on the agenda of a meeting of the Planning Board or Board of Adjustment for more than one agenda after a completeness is declared, and if the matter has been reached, the applicant shall pay from the escrow fees deposited the costs billed by the professionals for the time expended upon that application starting with the second agenda meeting listing. (This excludes extensions of time on an application.) The professionals include the attorney, engineer or engineers, professional planner or any experts required to render a report to the Board. The voucher amounts shall be billed promptly, and if the escrow is insufficient, the escrow must be paid prior to the hearing continuing for the next meeting. In cases where a matter has been placed on the Board’s agenda for consideration, a request to adjourn or postpone the hearing date must be made to the Clerk of the Planning Board or Board of Adjustment Secretary, as applicable, in writing, and received by the Board Clerk or Board Secretary, by facsimile transmission, mail, or courier, by 12:00 noon of the Friday prior to the hearing date. Failure to request an adjournment or postponement within this time period and in the manner prescribed above will result in the matter being deemed as having been reached and considered for purposes of this subsection.[4]
[Added 4-2-2014 by Ord. No. 2014-02]
[4]
Editor’s Note: Former Subsection F(4) and (5) regarding escrow fees for wireless telecommunications equipment and professional services; F(6), regarding escrow fees for amended site plans, added 6-7-2006 by Ord. No. 2006-07; and F(7), regarding escrow fees for exemptions from site plan review, added 11-1-2006 by Ord. No. 2006-11, which immediately followed this subsection, were repealed 9-17-2008 by Ord. No. 2008-08.
§ 400-55 Public notice of hearings.
[Amended by Ord. No. 4-1992; Ord. No. 12-1997]
A.
When required. Public notice of hearings shall be required in the case of preliminary major subdivision; any variance; direction for issuance of a permit for a building or structure not related to a street; direction for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area; all conditional uses; and all site plans.
B.
Whom notified. Public notice shall be made by notification of all property owners by personal service or certified mail within 200 feet of the subject property and publication in the official newspaper of the Township. All notice shall be given at least 10 days before the date of the hearing and shall meet the requirements set forth in N.J.S.A. 40:55D-12.
C.
Other notification.
(1)
If the property is within 200 feet of an adjoining municipality, the clerk of such municipality shall be notified.
(2)
If the property is adjacent to an existing or proposed county road, the County Planning Board shall be so notified.
(3)
If the property is adjacent to a state highway, the Commissioner of Transportation shall be so notified.
(4)
If the development exceeds 150 acres or 500 dwelling units, the State Planning Commission shall be so notified.
[Amended 4-18-2007 by Ord. No. 2007-7]
(5)
Such notice as required for a public hearing shall be given to public utilities and cable television companies in accordance with Subsection h of N.J.S.A. 40:55D-12 and its amendments.
§ 400-56 Interpretation.
The Board of Adjustment is granted the power to hear and decide requests for interpretation of the Zoning Map or Chapter 400, Zoning, pursuant to N.J.S.A. 40:55D-70b.