Routine inspections.

Final inspection. A final inspection of all improvements and utilities will be made to determine whether the work is satisfactory and in substantial agreement with the approved drawings and the Township specifications. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release the performance guaranty covering such improvements and utilities.

As a condition for final approval, the Planning Board shall require and accept, in accordance with the standards of this chapter, for the purpose of assuring the installation and maintenance of improvements:

The form of the guaranty shall be as approved by the Township Attorney, and the amount of the guaranty shall be as determined by the Township Engineer.

The applicant shall assume all liability during construction of such improvements and until such time as the improvements are accepted by the Township of Lopatcong.

When all of the required improvements have been completed, the obligor shall notify the governing body, in writing, by certified mail, addressed in care of the Township Clerk, of the completion of said improvements and shall send a copy thereof to the Township Engineer. Thereupon, the Township Engineer shall inspect all the improvements and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of the improvements, with a statement of reasons for any rejection. If partial approval is indicated, the costs for improvements rejected shall be set forth.

The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said authority with relation thereto, not later than 65 days after receipt of notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from liability pursuant to such performance guaranty.

If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements, and upon completion, the same procedure of notification as set forth in Subsections D and E above shall be followed.

The Zoning Officer and his duly authorized assistants shall have the duty and power to inspect or examine structures and uses in the Township of Lopatcong and any plans for structures and uses, to determine their compliance with the provisions of this chapter.

Violations found. Where the Zoning Officer (or his assistants) determines that a structure, use or premises is in violation of the provisions of this chapter, he shall order the owner in writing to remedy such condition. Said written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such remedy, the penalties and remedies which may be invoked by the Township and the violator's rights of appeal, all as provided for by this chapter and the laws of the State of New Jersey.

Issuance of zoning permits.

Records. The Zoning Officer shall maintain a permanent record of all matters considered and all action taken by him. Such records shall form a part of the records of his office and shall be available for the use of the governing body and other officials of the Township, county or state and for public inspection by appointment.

Monthly report. The Zoning Officer shall prepare a monthly report for the governing body. Said report shall cite all actions taken by him, including all referrals made, all permits and certificates issued and denied and all complaints of violations received and all violations found by him and the action taken by him consequent thereon. A copy of this monthly report shall also be transmitted by the Zoning Officer to the Tax Assessor, Planning Board and Board of Adjustment at the same time it is transmitted to the governing body.

Applications for detached single-family dwellings. Each application for a zoning permit for a permitted one-family dwelling unit and accessory structures, buildings or uses related thereto shall be made to the Zoning Officer. The Zoning Officer shall carefully consider the application and all supporting documents and thereupon make a determination of the application's compliance with the requirements of this chapter. Based upon said determination, the Zoning Officer shall either issue or deny the zoning permit for which application was made. If the Zoning Officer denies the issuance of the zoning permit, he shall state, in writing, to the applicant the reasons for such denial. Each application made hereunder shall be accompanied by a sealed survey plan of the lot, derived from the Official Tax Maps or other source of similar or greater accuracy, showing the following:

Applications for a permitted use for all uses except detached one-family dwellings. All such applications shall be made to the Lopatcong Township Planning Board in accordance with the requirements for site plan review.

Applications for variances. All such applications shall be made directly to the Board in accordance with its rules and procedures.

Applications for conditional uses. All such applications shall be made directly to the Board.

Applications for appeal. All such applications shall be made directly to the Board of Adjustment.

Applications for interpretations. All such applications shall be made directly to the Board of Adjustment.

A building permit issued in accordance with the Building Code of Lopatcong Township[1] pursuant to the provisions thereof shall be issued only after or coincident with the issuance of a zoning permit certifying that the application is in compliance with all provisions of this Zoning and Land Use Ordinance or approved variance therefrom.

A building permit shall be secured from the Building Inspector prior to the construction, erection or alteration of any building or structure or part thereof and prior to the putting into use of any land or part thereof.

No building or structure hereafter constructed, erected or altered, and no lot or land hereafter put into use shall be occupied or used, in whole or in part, for any use whatsoever and no change of use of any building, structure, lot or land, or part thereof, shall hereafter be made until an occupancy permit shall have been issued by the Building Inspector, certifying that the lot or land, or part thereof, complies with all applicable provisions of this chapter and of all other applicable ordinances.

Occupancy permits shall be granted or denied by the Building Inspector within 10 days from the date of written application therefor by the owner or his authorized agent.

The Building Inspector shall require, from the Board of Adjustment, a written order before issuing a building permit and an occupancy permit in a case involving a variance from the provisions of this chapter and, from the Planning Board, where site plan review is required, a written order before issuing an occupancy permit.

An occupancy permit shall be issued by the Building Inspector in the case of any building or structure, lot or land proposed to be put into use pursuant to any variance granted by the Board of Adjustment. Such occupancy permit, when issued by the Building Inspector, shall include a detailed description of such variance.

Upon written application by the owner or his authorized agent, the Building Inspector shall issue an occupancy permit for any building or structure, lot or land existing and in use at the effective date of this chapter, provided that said Inspector shall find that such building or structure, lot or land is in conformity with the applicable provisions of this chapter or is a nonconforming building or structure or a nonconforming use as defined herein and, in any case, is in conformity with all other ordinances.

A fee of $15 shall be paid to Lopatcong Township prior to the issuance of an occupancy permit.

The owner's copy of every occupancy permit shall be exhibited at all reasonable times, upon the demand of the Building Inspector or other responsible official of the Township.

A record of all occupancy permits shall be kept on file in the office of the Building Inspector, and certified extra copies thereof shall be furnished upon payment of a fee of $1 per permit to the Township.

Not less than annually, each advertising sign erected in the Township shall be subject to a general and structural inspection by the Building Inspector. A fee of $100 shall be paid to Lopatcong Township prior to the making of each such annual inspection.

Each advertising sign shall be inspected for compliance with the regulations regarding advertising signs and for safety on each occasion when the message displayed on such sign is changed. Such inspections shall be carried out by the Building Inspector, and the applicant shall pay a fee of $100 per inspection to the Township of Lopatcong.

Except as may be provided by New Jersey statute, for each and every violation of any provision of this chapter, the owner, contractor or other persons interested as general agent, architect, building contractor, owner, tenant or any other persons who commit or take part or assist in any violation of this chapter or who maintain any building or premises in which any violation of this chapter shall exist and who shall have refused to abate said violation within five days after written notice shall have been served upon him either by mail or by personal service shall, for each and every violation, be punishable by a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, at the discretion of the Judge before whom a conviction may be had. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.

In addition to the powers given to the Zoning Officer as prescribed elsewhere by this chapter, the owner of, or any person having interest in, any property in the Township of Lopatcong may make complaint for any violation of this chapter or any provisions or section thereof, and upon conviction, in such case, the penalties hereinbefore provided shall be imposed.

In addition to the remedies herein provided, any person, persons, company or corporation violating this chapter or any provision or section thereof may be proceeded against by the Township of Lopatcong or by the Zoning Officer or by the owner of any property in the Township of Lopatcong by appropriate action or by proceeding in equity or otherwise to prevent and enjoin any threatened violation of this chapter.

Purpose. In Holmdel Builder's Association vs. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and the State Constitution subject to the Council on Affordable Housing's (COAH) developing rules. The purpose of this Fair Housing Fee article is to establish standards for the collection, maintenance and expenditure of fair housing fees pursuant to COAH's rules. Fees collected pursuant to this article shall be used for the sole purpose of providing low- and moderate-income housing. This article shall be interpreted within the framework of COAH's rules on fair housing fees.

Within all zones, the Township shall assess a fair housing fee of 1.5% of the equalized assessed value of each new housing unit. If a “d(5)” variance is granted, then the additional residential units realized (above those permitted by right under the existing zoning) will incur a bonus development fee of 6% rather than the development fee of 1.5%. However, if the zoning on the site has been changed during the two-year period preceding the filing of such a variance application, the base density for the purpose of calculating the bonus development fee shall be the highest density permitted by right during the two years preceding the filing of the “d” variance application.

Within all zones, the Township shall assess a fair housing fee of 2.5% of the equalized assessed value of all new nonresidential construction. If a “d(4)” variance is granted, then the additional floor area ratio (FAR) realized (above that permitted by right under the existing zoning) will incur a bonus development fee of 6% rather than the development fee of 2.5%. However, if the zoning on the site has been changed during the two-year period preceding the filing of such a variance application, the base FAR for the purpose of calculating the bonus development fee shall be the highest permitted by right during the two years preceding the filing of the “d” variance application.

Exemptions:

Contested fees. Imposed and collected development fees that are challenged shall be placed in an interest-bearing escrow account. If all or a portion of the contested fees are returned to the developer, the accrued interest on the returned amount shall also be returned.

Fifty percent of the calculated fair housing fee shall be paid at the issuance of building permits. The fair housing fee shall be estimated by the Construction Code Official prior to the issuance of building permits.

The remaining fee shall be paid to the Township as a precondition to the issuance of a certificate of occupancy. Prior to the issuance of a certificate of occupancy, the Tax Assessor shall calculate the equalized assessed value or increase in equalized assessed value and the appropriate fair housing fee. The remaining fair housing fee owed shall be the difference between the fee calculated prior to the issuance of the certificate of occupancy and the amount paid at the time of the issuance of the building permit.

There is hereby created a separate interest-bearing housing trust fund bank account for the purpose of receiving fair housing fees from residential and nonresidential developers. All fair housing fees paid by developers pursuant to this article shall be deposited in this fund. No money shall be expended from the Fair Housing Trust Fund unless the expenditure conforms to a spending plan approved by COAH. All interest accrued in this account shall only be used on eligible affordable housing activities approved by COAH.

If COAH determines that Lopatcong Township is not in conformance with COAH's rules on fair housing fees, COAH is authorized to direct the manner in which all fair housing fees collected pursuant to this article shall be expended. Such authorization is pursuant to this article, COAH's rules on fair housing fees and the written authorization from the Township Council to the designated bank.

Money deposited from the fair housing fee in the Township's Housing Trust Fund may be used for any activity approved by COAH for addressing the Township's low- and moderate-income housing obligation. Such activities may include but are not limited to housing rehabilitation; the construction of accessory apartments; regional contribution agreements and the administrative costs necessary to implement the Township's fair housing program. The expenditure of all money shall conform to a spending plan approved by COAH.

At least 30% of the fair housing fee revenues collected shall be devoted to render units more affordable. Examples of such activities include, but are not limited, low-interest loans.

No more than 20% of the revenues shall be expended on administrative costs necessary to develop, revise or implement the housing element. Examples of eligible administrative activities include personnel consultant services; space costs; consumable supplies; and rental or purchase of equipment.

Fair housing fee revenue shall not be expended to reimburse the Township for housing activities that preceded substantive certification.

COAH dismisses or denies Lopatcong Township's petition for substantive certification.

COAH revokes substantive certification or its certification of this article.

Substantive certification expires prior to Lopatcong Township's filing with COAH an adopted housing element, petitioning for substantive certification or receiving COAH's approval of this article.