Manalapan Township City Zoning Code
§ 95-3.4
Certificates and permits.
A.
Zoning permit.
[Amended 5-25-2005 by Ord. No. 2005-16]
(1)
Zoning permits or approval shall hereafter be secured from the Zoning Officer prior to:
(a)
Application for and/or issuance of any building permit except for minor work or ordinary repairs as defined in the Uniform Construction Code.
(b)
The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure.
(c)
Application for and/or issuance of any permit for a new or expanded or relocated sign.
(d)
Application for and/or issuance of any permit for erection of a fence.
(e)
Any change in use or change in nonresidential occupancy.
(f)
The excavation, removal, or addition of soil or fill to or from any site exceeding 20 cubic yards or any alteration exceeding 5,000 square feet in the natural condition of any undeveloped parcel of land, including but not limited to the alteration of drainage patterns, removal of soil, regrading, and removal of trees and ground cover; provided, however, that such alterations located on and necessary to the operation of a farm as defined in this chapter shall not require a zoning permit.
[Amended 6-10-2020 by Ord. No. 2020-09]
(g)
Any use of any portion of any parcel of land for any activity regulated by this chapter.
(h)
The construction of any site improvement either above or below ground.
(i)
The issuance of any certificate of occupancy where no building permit was previously required.
(2)
An application for zoning permit shall be in writing by the owner or his authorized agent and include the following unless the Administrative Officer determines that a particular item is not needed in order to make a decision:
(a)
A statement of the use or intended use or uses of the building, structure or land.
(b)
An elevation drawn to scale of the building or structure to be erected including signs to be placed thereon and their content and manner of construction.
(c)
A plan drawn to scale no smaller than one inch equals 50 feet showing all proposed and/or existing buildings, signs, parking areas, setbacks, and yard distances in exact location to street and lot lines. The plan should be prepared by a New Jersey licensed engineer, surveyor, architect or planner or be based on a plan prepared by the same.
(d)
The proportion of existing and proposed lot coverage.
(e)
The location of any wetlands, easements, or floodplains.
(f)
Should the Zoning Officer determine that the work proposed would substantially alter the existing grading or drainage of the property, a grading and drainage plan showing all proposed and/or existing buildings, signs, parking areas, setbacks, and yard distances in exact location in relation to street and lot lines may be required prior to the issuance of a zoning permit. The plan shall be submitted to the Township Engineer for review and approval. An engineering review fee of $200 shall be paid by the applicant for the initial review, and a review fee of $100 shall be paid for each review of a revised plan. The plan should be prepared by a New Jersey licensed engineer, surveyor, architect or planner or be based on a plan prepared by the same.
[Added 12-19-2013 by Ord. No. 2013-11]
(3)
The Zoning Officer shall take action on a complete application for a zoning permit or approval within 10 days of its submission.
(4)
Prior to issuance of a zoning permit, the applicant shall have, where applicable, secured all other required permits including, but not limited to:
(a)
Access permit from the New Jersey Department of Transportation and/or Monmouth County Highway Department.
(b)
Drainage permits from the New Jersey Department of Transportation and/or Monmouth County Highway Department.
(c)
Stream encroachment permit from the New Jersey Department of Environmental Protection.
(d)
Wetlands permit from the New Jersey Department of Environmental Protection.
(e)
Sewerage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection.
(f)
Land disturbance permit from the Freehold Area Soil Conservation District.
(5)
Prior to the issuance of a zoning permit, the applicant shall have secured all approvals required by this chapter, posted and made current all escrow and inspection fees, and shall have met any and all conditions of any municipal agency approval.
(6)
The zoning permit fees shall be $100 for the following, except as otherwise noted:
[Amended 9-9-2015 by Ord. No. 2015-13; 7-10-2019 by Ord. No. 2019-11; 4-27-2022 by Ord. No. 2022-04]
(a)
Residential alterations/additions;
(b)
Decks;
(c)
Certificate of continued occupancy;
(d)
Certificate of nonconformity;
(e)
Fences;
(f)
Sheds;
(g)
Ornamental landscape structures;
(h)
Pools;
(i)
Driveways;
(j)
Patios/flat work;
(k)
Garage/yard sales: $20;
(l)
Accessory structures;
(m)
Sports courts;
(n)
Tennis courts;
(o)
Demolition;
(p)
Excavation, removal or addition of soil or fill exceeding 10 cubic yards, or alteration exceeding 5,000 square feet on any undeveloped parcel of land;
(q)
Temporary sales of outdoor holiday items or trees;
(r)
Temporary trailers;
(s)
Generators.
(t)
The minimum zoning fee for anything not specifically listed above which may be subject to zoning review and/or permit shall be $100.
B.
Certificates as to approval of subdivision of land.
(1)
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the Administrative Officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name and the owner thereof.
(2)
The Administrative Officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
(3)
Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land," and shall certify:
(a)
Whether there exists in the Township a duly established Planning Board and whether there is an ordinance controlling subdivision of and adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(b)
Whether the subdivision, as it relates to the land shown in the application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing the subdivision of which the lands are a part is a validly existing subdivision.
(c)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided by N.J.S.A. 40:55D-1 et seq.
(4)
The Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee in accordance with the fee schedule.
(5)
Any person who shall acquire for a valuable consideration an interest in the lands covered by such certificates of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to the provisions of N.J.S.A. 40:55D-55.
(6)
If the Administrative Officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to N.J.S.A. 40:55D-55.
(7)
Any such application addressed to the Township Clerk shall be deemed to be addressed to the proper designated officer and the Township shall be bound thereby to the same extent as though the same was addressed to the designated official.
C.
Construction permit.
(1)
No construction permit shall be issued unless the applicant shall have first secured a zoning permit or approval and posted all required escrows and fees.
[Amended 5-25-2005 by Ord. No. 2005-16]
(2)
No building or structure shall be erected, added to, or structurally altered until a permit thereon has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the New Jersey State Uniform Construction Code (N.J.A.C. 5:23-2.14).
D.
Certificate of occupancy.
(1)
Zoning permit required. No certificate of occupancy shall be issued for the use of any building, structure or land unless a zoning permit or approval shall have first been issued for the use of such building, structure, or land and all fees and escrows associated with the zoning permit are posted and current.
[Amended 5-25-2005 by Ord. No. 2005-16]
(2)
Uses and occupancies after the effective date of this chapter. No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official.
(a)
Such certificates shall be issued upon application by the owner, prospective occupant, or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Uniform Construction Code and other codes and ordinances affecting construction and occupancy, including a favorable report from the Township Engineer as to public improvements, quasi-public improvements, site access, grading, and other conditions subject to engineering inspection.
(b)
Temporary certificate of occupancy may be issued pursuant to the provisions of this chapter for any structure or use for which site plan approval has been secured, but not all conditions of approval have been complied with.
(3)
Existing uses at the time of passage of this chapter or any amendments thereto. The prospective purchaser, prospective mortgagee, or any other person interested in any land or structure may apply in writing for the issuance of a certificate certifying that the use or structure legally existed before the adoption of the ordinance or the amendment and certifying the extent and kind of use. The applicant shall have the burden of proof. Application pursuant hereto shall be made to the Zoning Officer within one year of the adoption of the chapter or the amendment or at any time to the Board of Adjustment and shall be accompanied by the established fee. A denial by the Zoning Officer shall be appealable to the Board of Adjustment pursuant to N.J.S.A. 40:55D-72 et seq.
(4)
Change of nonresidential occupancy. Whenever there occurs a change in the occupancy or use of a nonresidential building, structure or land, a new certificate of continued occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. The Construction Official may issue such certificate if the Administrative Officer determines such change in occupancy is not a "change in use," as defined in subsection 95-2.4 of this chapter, and that the applicant has met the requirements of the applicable regulations.
(5)
Scope of certificate of continued occupancy. The certificate of continued 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 nonconforming use and the extent to which the use does not conform to the provisions of this chapter.
[Amended 12-12-2018 by Ord. No. 2018-14; 4-24-2019 by Ord. No. 2019-08]
(a)
In the event that a noncompliant feature exists and the owner wishes to sell the property, if the owner can demonstrate that said noncompliance has existed for at least 10 years and the purchaser offers a written statement acknowledging the noncompliance and certifies that it will not be expanded, a certificate of continued occupancy may be issued by the Construction and Zoning Offices. In the event that the noncompliant feature is modified, it shall be brought into compliance with the applicable provisions of this chapter.
(b)
A certificate of continued occupancy does not constitute a certification of a preexisting nonconforming use which can only be obtained in accordance with the provisions of N.J.S.A. 40:55D-68.
(6)
Improvement required. No permanent certificate of occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this chapter as reported to the Construction Official by the Township Engineer. A temporary certificate of occupancy may be issued to permit occupancy for a period not to exceed one year. If at the end of that period the required improvements have not been completed, the occupancy permit becomes null and void and the owner may be subject to the penalties herein defined by this chapter.
E.
Certificate of continued occupancy.
[Added 12-18-2019 by Ord. No. 2019-20[1]]
(1)
Change of nonresidential occupancy. Whenever there occurs a change in the occupancy or use of a nonresidential building, structure or land, a new certificate of continued occupancy shall be applied for to ensure compliance with all applicable codes and ordinances. The Construction Official may issue such a certificate if the Administrative Officer determines such change in occupancy is not a "change in use," as defined in § 95-2.4 of this chapter, and that the applicant has met the requirements of the applicable regulations.
(a)
The certificate of continued 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 nonconforming use and the extent to which the use does not conform to the provisions of this chapter.
(2)
Change of residential ownership. An application for a certificate of continued occupancy pertaining to the transfer of ownership of a residential structure shall be accompanied by a survey, prepared by a New Jersey licensed engineer or surveyor, which includes all easements of record, certified to the property owner and dated within six months of the date of application. The survey shall be drawn to a scale no smaller than one inch equals 50 feet and shall show the setbacks to all existing structures and improvements, sight triangles, parking areas, wetlands, floodplains and yard distances in exact location to street and lot lines. The property owner shall also provide a certification that no changes have been made to the property since the date of the survey or detailing any changes to the property since the date of the survey.
[Amended 6-10-2020 by Ord. No. 2020-09; 9-13-2023 by Ord. No. 2023-16]
(a)
The zoning certificate of continued occupancy shall contain sufficient information as to the extent and kind of use or uses, including all accessory uses and structures, such that any future investigation of the premises would disclose the extent to which a use or structure was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the property does not conform to the provisions of this chapter.
(b)
In the event that a noncompliant feature exists, and the owner wishes to sell the property, if the owner can demonstrate that said noncompliance has existed for least 10 years and the purchaser submits a written statement acknowledging the noncompliance and certifies that it will not be expanded, a certificate of continued occupancy may be issued by the Zoning Officer. In the event that the noncompliant feature is later modified, it shall be brought into compliance with the applicable provisions of this chapter.
(c)
A certificate of continued occupancy does not constitute a certification of a preexisting nonconforming use which can only be obtained in accordance with the provisions of N.J.S.A. 40:55D-68.
[1]
Editor's Note: This ordinance also redesignated former Subsection E as Subsection G.
F.
Improvements required. No permanent certificate of occupancy for new construction shall be issued until all required improvements have been installed in accordance with the provisions of this chapter as reported to the Construction Official or the Zoning Officer by the Township Engineer. A temporary certificate of occupancy may be issued to permit occupancy for a period not to exceed one year. If at the end of that period the required improvements have not been completed, the temporary occupancy permit becomes null and void and the owner may be subject to the penalties defined by this chapter.
[Added 12-18-2019 by Ord. No. 2019-20]
G.
Soil erosion and sediment control plan certification. Where required, a soil erosion and sediment control plan certification shall be obtained from the Freehold Area Soil Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No such certification shall be valid until a development permit shall have first been issued for the subdivision, building, structure or use. See Chapter 192, Soil Erosion and Sediment Control, for details of the certification process.