Long Branch City Zoning Code
ARTICLE IX
Administration
§ 345-75 Zoning Officer; powers and duties.
A.
The duty of administering and enforcing the provisions of this chapter is conferred upon, but not reserved solely upon, the Zoning Officer, who shall have such powers as are conferred upon him or her by this chapter and as reasonably may be implied. The Construction Code Official, Department Head/Director of the Building and Development Department and/or Administrative Director of City Planning, or their designee or a designee or alternate designee as appointed by the Council of the City, may be appointed Zoning Officer. 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 provisions of this chapter. It shall be the duty of the Zoning Officer to cause any building, plans or premises to be inspected or examined and to order, in writing, the remedying of any condition found to exist in violation of this chapter, and he shall have the right to enter any building or premises during the daytime in the course of his duties.
[Amended 10-24-2000 by Ord. No. 38-00]
B.
Where the Zoning Officer in the course of his duties determines that any plans, buildings or premises are in violation of the provisions of this chapter, he shall order the responsible party, in writing, to remedy such conditions. Such written order shall specify the nature of the violation found to exist, the remedy ordered and time permitted for such action, the penalties and remedies which may be invoked by the City and the violators' rights of appeal as provided for by this chapter and the laws of the State of New Jersey.
C.
A copy of the written order shall be transmitted to the Construction Code Official, who shall thereupon refuse to grant such applicant a building permit or certificate of occupancy until the above violations have been remedied. Where such violations apply to an existing structure or use, the Construction Code Official shall cause the certificate of occupancy for the building or premises in question to be held null and void. A new certificate of occupancy shall be required for any further use of such building or premises.
D.
In case any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of the Municipal Land Use Law[1] or of this chapter or other regulation made under authority conferred hereby, the City of Long Branch or the Zoning Officer of the City of Long Branch or any interested party, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about the premises.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E.
Enforcement procedure.
(1)
Prior to construction and operation. Any application for a building permit for a use which shall be subject to performance standards shall be accompanied by a sworn statement filed by the owner of the subject property or the operator of the proposed use that such use will be operated in accordance with the performance standards set forth herein.
(2)
Continued compliance. Continued compliance with performance standards is required and shall be enforced by the Construction Code Official.
(3)
Termination of violation. All violations shall be terminated within 30 days or shall be deemed a separate violation for each day following and subject to fines as set forth within.
(4)
Violation inspection.
(a)
As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Planning Board or to its designated representative, that the proposed use, structure, process or equipment will conform fully with all of the applicable performance standards. As evidence of compliance, the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The Planning Board may require that specific operating procedures or methods be followed or that specific types of equipment, machinery or devices be installed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to ensure compliance with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes. The Construction Code Official shall be the designated representative for the Planning Board for the purpose of this subsection.
(b)
Whenever in the opinion of the Construction Code Official there is a reasonable probability that any use or occupancy violates the regulations of this chapter, he is hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this chapter are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements and analyses.
§ 345-76 Certificates and permits.
A.
Zoning permits. Zoning permits, where required, shall be secured from the Zoning Officer prior to the issuance of a building permit for the construction or alteration of any structure or part of a structure or upon a change in the use of the land or a structure. Such permits shall be valid for not more than one year from the date of issuance.
[Amended 7-25-2000 by Ord. No. 27-00]
B.
Conditional use permits.
(1)
Applications for conditional use permits for conditional uses provided for under this chapter shall be made to the Planning Board through the Secretary of the Planning Board upon the forms supplied by him.
(2)
All applications shall be filed not less than 31 days prior to the meeting at which the initial consideration of the application is requested.
(3)
No application for a conditional use permit shall be acted upon unless and until it is determined to be complete in every respect, pursuant to N.J.S.A. 40:55D-10.3, including but not limited to necessary supporting data, papers, certificates, plans and fees, and all other items set forth in the Long Branch development application checklist dated February 1, 2006, incorporated herein by reference.[1] Any applicant for development shall be given a copy of the aforesaid checklist upon request for a development application. He may seek waiver of any of the aforesaid provisions pursuant to the aforesaid statute.
[Amended 4-11-2006 by Ord. No. 9-06]
[1]
Editor's Note: the application checklist is on file in the City offices.
(4)
Upon receipt of the application, the Secretary of the Planning Board shall transmit copies of the plans and information to those persons or agencies referred to in § 345-14 for action as required therein.
(5)
Application details.
(a)
The application for a conditional use permit shall be made, in quadruplicate, accompanied by a detailed statement of what is intended and setting forth the need and purpose of the proposed construction.
(b)
The plans and information accompanying an application for a conditional use permit shall also include the following:
[1]
The location, use, design, specification, floor plan, dimensions and height of each proposed building or structure.
[2]
Existing property lines, streets and buildings within 500 feet of the property.
[3]
The location and arrangement of vehicular accessways and the location, size and capacity of all areas to be used for off-street parking, loading and unloading.
[4]
The location and dimensions of sidewalks, walkways and all other areas to be devoted to pedestrian use.
[5]
The design and treatment of buffer areas and screening devices to be maintained, including dimensions of all areas devoted to planting, lawns, trees or other landscaping devices.
[6]
Sufficient data to indicate the effects of the proposed use development in producing traffic congestion and safety hazards and sufficient additional data to enable the Planning Board to determine compliance with the design requirements set forth in this and other pertinent sections of this chapter.
(6)
The Planning Board shall hear the matter in accordance with the requirements of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and Chapter 69, Land Use Procedures. All provisions therein (including but not limited to publication of notice, serving of notices, certification of payment of taxes, hearing and appeal procedures) shall apply.
(7)
If the Planning Board determines that the application is incomplete, it shall advise the applicant to that effect through its Secretary within 45 days of the date of submission of the application to the Secretary and shall specify the nature of the incompleteness; and it shall either require the applicant to submit amended or revised applications to the Secretary or to supply additional specific data or documents to the Board.
(8)
If the Planning Board determines the application is complete, it shall schedule the matter for hearing and advise the applicant of the date of the hearing.
(9)
Conditional uses shall be granted by the Planning Board on the basis of the requirements and standards for these uses set forth in the regulations for the particular zone of this chapter where they are allowed. A conditional use shall be granted or denied within 95 days from the date the application is determined to be complete or within such further time as may be consented to by the applicant. Otherwise the Planning Board shall be deemed to have granted final approval, and a certificate of the Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant.
(10)
The Planning Board shall have the power to review and approve or deny conditional uses and site plans simultaneously without the applicant being required to make further application to the Board or the Planning Board being required to hold further hearings. The longer time period for action by the Planning Board, whether it be for site plan or conditional use, shall apply. Whenever approval of a conditional use is requested by the applicant under this subsection, notice of the hearing on the site plan shall include a reference to the request for such conditional use.
(11)
The Planning Board may impose any modifications and conditions it deems necessary to carry out the intent of this chapter or to protect the health, safety and welfare of the community. If the application is granted, the Zoning Officer shall be empowered to issue a permit upon request of the applicant in accordance with the terms and conditions of the Board's approval.
C.
Temporary use permits. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time, whether such activity may or may not be permitted by other provisions of this chapter. The Planning Board and Zoning Board of Adjustment are hereby empowered to grant temporary use permits. This chapter does not require an application for such activities as circuses, fairs, religious events, special sales and similar activities which must be approved by the City Council. The Planning Board shall have jurisdiction, however, to grant temporary use permits for any use permitted in a particular zone. All other applications for temporary use permits shall be subject to the jurisdiction of the Zoning Board of Adjustment. The appropriate Board shall determine that such uses are of such a nature and are so located that at the time of petition they will in no way exert a detrimental effect upon the uses of land and the activities normally permitted in the zone, but rather contribute materially to the general welfare of the City, particularly in a state of emergency, under conditions peculiar to the time and place involved. Upon such determination, the appropriate Board shall direct the Construction Code Official to issue a certificate of occupancy for a period not to exceed six months.
D.
Building permits. No building or structure shall be erected, added to or structurally altered until a permit has been issued by the Construction Code Official. All applications for such permits shall be in accordance with the requirement of the building code.[2]
E.
Certificates of occupancy. Certificates of occupancy shall be issued by the Construction Code Official in the manner prescribed in the Building Code. On the serving of notice by the Zoning Officer to the owner 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 be deemed to be in violation of this chapter and subject to penalty. A new certificate of occupancy shall be required for any further use of such land or building. No fee shall be charged for an original certificate of occupancy as required herein; but for each copy of an original certificate, there shall be a charge of $1, which shall be remitted to the City Treasurer by the issuing officer in accordance with the manner of reporting and payment as is generally provided.
§ 345-77 Records.
It shall be the duty of the Zoning Officer to keep a record of all applications for zoning permits, a record of all permits issued and a record of all certificates of occupancy, which he countersigns, together with a notation of all special conditions involved. He 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 officials of the City. The Zoning Officer shall prepare a monthly report for the City Council, summarizing for the period since his last report all zoning permits and certificates countersigned by him and all complaints of violations and the action taken by him and consequent thereon. A copy of each report shall be filed with the City Tax Assessor at the same time it is filed with the City Council.
§ 345-78 Fees.
The City Council shall fix the fees for permits and designate the official authorized to issue the same.
§ 345-79 Violations and penalties.
A.
This chapter may be enforced by the Zoning Officer, Supervisor of the Building Department, administrative head of City Planning, Construction Code Official or police officer of the City of Long Branch, all of whom are empowered to cause any building, structure, plans or premises to be inspected and examined and to order the remedying of any condition found to exist therein or thereafter in violation of any provision of this chapter. The owner or agent of a building or premises where a violation of any provision of this chapter shall have been committed or shall exist or the lessee or tenant of any part of the building or premises in which such violation shall have been committed or shall exist or the agent, architect, builder, contractor or any other person who shall commit, take part or assist in any such violation or who shall maintain any building or premises in which any violation of this chapter shall exist shall, for each and every violation, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I. Each day that a violation is permitted to exist shall constitute a separate offense.[1]
B.
In addition to the powers given to the Zoning Officer, as aforesaid, the owner of any property in the City of Long Branch may make a complaint for any violation of this chapter or any provision or section thereof and, upon conviction in such case, the penalties hereinbefore provided shall be imposed.
C.
In addition to the remedy or remedies hereinbefore provided, any person, persons, company or corporation violating this chapter or any provision or section thereof may be proceeded against by the City of Long Branch or by the Zoning Officer of the City of Long Branch or by the owner of any property in the City of Long Branch by appropriate action or proceeding in equity or otherwise to prevent and enjoin any threatened violations or any existing violation of this chapter or any provision or section thereof.
§ 345-80 Interpretation and applicability.
In the application and interpretation of this chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience and general welfare of the City. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the highest standards, shall govern.
§ 345-81 Conflict with other laws.
A.
All ordinances and parts of ordinances inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistencies. All plans submitted to appropriate municipal authorities for approval and to obtain the issuance of building permits for a use permitted under this chapter, which use is, subsequent to filing of the plans, prohibited by an amendment to this chapter, may continue to be processed by the municipal authorities, provided that no building permits shall be issued under this section later than one year after such an amendment has been made prohibiting a use under this chapter.