Lodi City Zoning Code
ARTICLE VI
Administration and Enforcement; Building Official
§ 585-20 Administration and enforcement.
It shall be the duty of the Building Official to administer and to enforce the provisions of this chapter and to act as the "administrative officer" under N.J.S.A. 40:55D-3. If the Building Official shall find that any of the provisions of this chapter are being violated, he/she shall notify, in writing, the person responsible for such violations, indicating the nature of the violation, and order the action necessary to correct it; or he shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
§ 585-21 Building permits.
A.
No building or structure in any district shall be erected, enlarged or structurally altered without a building permit duly issued, upon application, by the Building Official. No building permit shall be issued by the Building Official except in conformity with the provisions of this chapter unless he/she receives a written order from the Board of Adjustment or Planning Board in the form of an administrative review, conditional use or variance, as provided by this chapter.
B.
All applications for building permits and supporting documentation thereto shall be made in duplicate and accompanied by plans in duplicate, drawn to scale, showing the following:
(1)
An accurate survey, at the scale of the Borough's Tax Maps, showing shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected or of the lot on which it is situated, if an existing building. Said survey shall be prepared and sealed by a land surveyor licensed by the State of New Jersey.
(2)
The block and lot numbers as they appear on the Official Borough Tax Map.
(3)
The exact size and location on the lot of the proposed building or buildings, or alteration of an existing building, and of other existing buildings on the same lot.
(4)
The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot.
(5)
The existing and intended use of all buildings, existing or proposed, or of land, and the number of dwelling units a residential building is designed to accommodate.
(6)
Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter.
(7)
The location, widths and grades of driveways serving any parking areas or loading areas or docks, together with a description of the proposed means of surfacing and draining said areas.
C.
D.
Denial or necessity for review.
(1)
If a building permit is denied or the application is found to require site plan review, the Building Official shall promptly cause to be sent to the applicant, addressed to the address of the applicant set forth in the application for the said permit, a notice of his/her action, which shall specify, in writing, the ground or grounds upon which the same is based. In the case of a denial, applicant may, within 20 days thereafter, notify the Building Official in writing that he/she appeals from such action of the Building Official to the Board of Adjustment, and the Building Official shall then immediately transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from is taken, and the Board of Adjustment shall, within 120 days thereafter and upon five days' notice in writing to the said owner or his/her agent, review the determination of the Building Official and either affirm the determination of the Building Official or reverse same or issue a variance from the provisions of this chapter.
(2)
In the case where the site plan review by the Planning Board is required, the Building Official shall so notify the applicant, who shall then, if he/she wishes to proceed with the application, comply with the application requirements for site plan review herein provided for.
E.
Building permits shall be issued separately for each lot; such building permits shall be issued only if water and sanitary sewers adequate to serve the proposed building as specified in all relevant Borough codes and ordinances are available and if the building has direct access to an improved existing street.
F.
If at any time it shall appear to the Building Official that the application or accompanying plan is in any respect false or misleading, or that work is being done upon the premises differing materially from that called for in the application filed with him/her under existing laws or ordinances, he/she may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the said Building Official. After the building permit has been revoked, the Building Official may, in his/her discretion, before issuing a new building permit, require the applicant to file an indemnity bond in favor of the Borough of Lodi with sufficient surety conditioned for compliance with this chapter and all laws and ordinances then in force and in a sum to cover the cost of removing the structure if it does not so comply.
G.
The Building Official shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy issued by him/her, which files and records shall be open to public inspection.
§ 585-22 Certificate of occupancy.
A.
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building Official:
B.
No certificate of occupancy shall be issued for any use of a building or of land allowed by a variance from the Board of Adjustment or conditional use from the Planning Board unless and until such variance or conditional use has been duly granted by the said board. Every certificate of occupancy for which a variance or conditional use has been granted shall contain a detailed statement of such variance or conditional use and of any conditions to which the same is subject.
C.
Application for a certificate of occupancy on a form furnished by the Building Official for a new building or for an existing building which has been altered shall be made after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter and other relevant Borough ordinances. Such certificate shall be issued within five days after receipt of such application, but only providing all requirements of all applicable codes or ordinances in effect are complied with. Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the Building Official for a period not to exceed 90 days during the completion of any alterations that are required under the provisions of any law or ordinance or for a part of a partially completed building. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the Borough respective to the use or occupancy of the land or building or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately assure the safety of the occupants of the building and of the adjacent buildings and land.
D.
If the proposed use is in conformity with the provisions of this chapter and of all other applicable laws and ordinances, a certificate of occupancy shall be issued stating so within five days or rejected, in writing, stating specifically wherein the use does not conform by the Building Official within 30 days after receipt of a written application therefor. In the case of a change of use of a nonconforming use, such certificate shall be issued within 30 days after action by the Board of Adjustment authorizing same. However, in neither case shall a failure to receive written notice within 30 days be deemed as acceptance.
F.
Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law and of this chapter and all other ordinances of the Borough.
G.
A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies.
H.
Upon written request by the owner, the Building Official shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land, provided that such building or use of land conforms to the provisions of this chapter and all other relevant codes and ordinances.
I.
A record of all certificates of occupancy shall be kept in the office of the Building Official, and one copy shall be furnished to the Assessor and, on request, to any agency of the Borough or to any persons having a proprietary or tenancy interest in the building or land affected.