Mantua Township City Zoning Code
ARTICLE XII
Administration and Enforcement; Amendments
§ 230-90 Administrative guidelines.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. Any action taken by the Township under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community.
§ 230-91 Waivers.
The Planning Board, when acting upon applications for preliminary or minor subdivision approval or upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for such subdivision or site plan approval as specified in Articles V, VI and X of this chapter if an applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, literal enforcement of one or more of said requirements is impracticable or will exact undue hardship; however, any exception granted by the Planning Board must be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
§ 230-92 Enforcement.
A.
The Construction Official and the Zoning Officer. It shall be the duty of the Construction Official and the Zoning Officer of the Township to administer and enforce the provisions of this chapter. No new structure and no improvements to the interior of an existing building exceeding $5,000 in cash value shall be erected unless a construction permit is obtained from the Construction Official, and no structure or lot shall be used in violation of this chapter.
(1)
It shall be the duty of the Construction Official to keep a record of all applications and all construction permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the Township public records. A monthly report of construction permits shall be filed with the Tax Assessor and the Township Committee.
(2)
It shall be the duty of the Zoning Officer to inspect the structures and land in the Township and order the owner, in writing, to remedy any condition found to exist in violation of the provision(s) of this chapter or any condition in violation of any application for development as duly approved by the Township under the terms of this chapter. For purposes of this inspection, the Zoning Officer shall have the right to enter any building or premises during reasonable hours, subject to due process of law. The owner shall have 15 days within which time to respond to the purported violations and indicate the remedies to be taken. Such response, or lack of response, shall be immediately communicated in writing by the Zoning Officer to the Township Solicitor for appropriate referral and action.
(3)
Upon notice being served of any land use existing in violation of any provision(s) of this chapter, the certificate of occupancy for such use shall thereupon, without further notice, be null and void, and a new certificate of occupancy shall be required for any further use of the structure or land.
(4)
It shall be the duty of the Code Enforcement Officer to conduct and perform inspections as may be necessary for the administration and enforcement of this chapter in regards to zoning regulations and the proper issuance of zoning permits. She or he shall have the right to enter any building or premises during the daytime in the course of his or her duties. Such entry shall be kept in a log for such purposes.
[Added 8-16-2021 by Ord. No. O-10-2021]
B.
Construction permits.
(1)
Every application for a construction permit shall be accompanied by three sets of plans drawn in ink or a blueprint showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of all existing and proposed structures and substructures, all existing easements, the existing or intended use of each structure, the number of dwelling units the structure is designed to accommodate, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. All dimensions on these plans relating to the location and size of the lot to be built upon shall be based on a survey of the lot by a licensed surveyor in the State of New Jersey.
(2)
A fee shall be charged for each construction permit in accordance with the applicable ordinances of the Township.
(3)
A construction permit shall be granted or denied in writing within 20 days of a complete application unless additional time is agreed to in writing by the applicant. One copy of such plan shall be returned to the owner when such plans have been approved or denied by the Construction Official, together with such permit as may be granted.
(4)
The lot and the location of the structure(s) thereon shall be staked out on the grounds before construction is started, and a copy of the construction permit shall be posted conspicuously on the premises affected whenever construction work is being performed thereon.
(5)
No construction permit shall be issued for any structure until prior site plan, subdivision and variance approvals, as may be necessary, have been granted by the appropriate municipal agency or municipal agencies in accordance with the provisions of this chapter and until all review and inspection fees on the property have been paid.
C.
Certificate of occupancy.
(1)
Upon the completion of any building or alteration in compliance with this chapter and any other ordinance, rule or regulation, the owner or his agent may apply to the Construction Official, in writing, for the issuance of a certificate of occupancy pursuant to the provisions of this section, but only when:
(a)
The structure or part(s) thereof and the proposed use conform to this chapter and all other applicable codes and ordinances of the Township.
(b)
Prior site plan, subdivision and variance approvals, as may be necessary, have been granted by the appropriate municipal agency or municipal agencies in accordance with the provisions of this chapter.
(c)
All local taxes and assessments on the property have been paid.
(d)
A letter from each utility company has been received by the Township stating that the utility has been inspected in accordance with the approved plan and is ready for use.
(2)
A fee shall be charged for each certificate of occupancy in accordance with the applicable ordinances of the Township.
(3)
A certificate of occupancy shall be granted or denied, in writing, within 20 days from the date that a written notification is filed with the Construction Official that the erection of the structure is completed, unless additional time is agreed upon by the applicant in writing.
(4)
With respect to any finally approved subdivision and/or site plan or subsection thereof, a certificate of occupancy shall be issued only upon the completion of the following improvements, as such improvements may be required as part of subdivision and/or site plan approval:
(a)
Curbs.
(b)
All utilities.
(c)
Water supply and sewage treatment facilities, which shall be functioning and servicing the property in question.
(d)
Storm drainage facilities.
(e)
Rough grading of the property.
(f)
Base course of the street or streets serving the property.
(g)
Base course of driveways and parking areas.
(5)
With respect to any individual residential lot within a subdivision, a certificate of occupancy shall be issued only upon the completion of the following improvements, in addition to those listed in Subsection C(4) hereinabove, to the extent the same are required as part of the subdivision approval:
(6)
A copy of any issued certificate of occupancy shall be kept on file at the premises affected and shall be shown to the Construction Official upon request.
(7)
Should the Construction Official decline to issue a certificate of occupancy, his reason for doing so shall be stated on two copies of the application, and one copy shall be returned to the applicant.
(8)
A temporary certificate of occupancy may be issued for a new structure or use for which site approval has been granted although not all conditions of said approval have been complied with. Such temporary certificate of occupancy shall be issued only in extenuating circumstances and only with the approval of the Construction Official, who shall establish specific terms and conditions, including but not limited to a time limit for the installation of the incomplete improvements and the receipt of an appropriate performance guaranty assuring the installation of the improvements as indicated on the approved plat or plan.
(9)
A monthly report of the certificates of occupancy issued shall be filed with the Tax Assessor. A record of all certificates of occupancy shall be kept in the office of the Construction Official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be established by resolution of the Township Committee, except that there shall be no charge to a municipal agency.
(10)
The following shall be unlawful until a certificate of occupancy is issued by the Construction Official:
(a)
Occupancy and use of a building erected, constructed, restored, altered or moved or any changes in use of an existing building.
(b)
Occupancy, use or change in use of vacant land, other than for agricultural purposes.
(c)
Any change in the use of a nonconforming use.
(d)
Occupancy and use of any enlargement to an existing structure.
D.
Payment of taxes. No approval, permit or certificate for any of the following shall be given to an application or to an applicant if any taxes or assessments for local improvements are due or delinquent on the property for which the application is made: preliminary and final site plan, preliminary and final major subdivision, minor subdivision, bulk variance, use variance, conditional use, zoning permit or subdivision approval certificate. An application for approval or issuance of any of the above items shall not be deemed complete and shall not be considered by the applicable municipal agency unless the applicant submits with the application a certification signed by an authorized representative of the Mantua Township Tax Collector's office stating that no taxes or assessments as described above are due or delinquent on the subject property.
§ 230-93 Violations and penalties.
[Added 8-8-1995]
A.
Each and every violation of this chapter shall be subject to punishment by a court of appropriate jurisdiction. Said violation may include a fine of not more than $1,000 and/or imprisonment for a term not to exceed 90 days and/or community service of 90 days, or a combination of any of the above.
B.
The violation shall be deemed enforceable against the owner, contractor and/or any other person interested as lessee, tenant or otherwise.
C.
Each day that a violation continues to exist shall be deemed to be a separate violation.
D.
Nothing contained in this chapter shall be deemed to limit the right of any interested person to initiate the prosecution of any person or persons believed to be in violation of this chapter.
§ 230-94 Subdivision approval certificates.
A.
A prospective purchaser, prospective mortgagee or any other person interested in any land in the Township which has been part of a subdivision in effect as of July 14, 1973, may apply, in writing, to the Administrative Officer for the issuance of a certificate certifying whether or not such subdivision has been duly approved by the Planning Board.
B.
Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof. A fee of $15 shall be paid to the Administrative Officer, on behalf of the Township, for the requested certificate.
§ 230-95 Power to amend provisions.
This chapter may be amended from time to time by the Township Committee after the appropriate referrals, notices, hearings and other requirements of law.
§ 230-95.1 Zoning permits.
[Added 8-16-2021 by Ord. No. O-10-2021]
A.
Permit required. The issuance of a zoning permit shall be required prior to, and as a condition precedent to, the commencement of any of the following:
(1)
Any use, change of use, change of occupancy, change of owner and/or extension of a nonconforming use of lands and premises within the Township of Mantua.
(2)
The installation, construction, alteration, repair, remodeling or conversion of any building, structure, or any portion thereof on any lands and premises within the Township of Mantua.
(3)
The removal, demolition or destruction of any building or structure.
(4)
The moving of a building or structure of whatsoever kind or nature, or any portion thereof, into or within the Township for storage, location, relocation, placement or erection on any lands and premises within the Township of Mantua. It shall be unlawful for any person to commence any of the foregoing without first having obtained a zoning permit therefor.
(5)
Replacement or repair of existing structure (involving no additional square footage added or enclosure of the same).
B.
Prior approval for construction permit. The issuance of a zoning permit shall be a required prior approval and condition precedent to the issuance, by the Construction Code Official, of a construction permit for the installation, construction, alteration, repair, remodeling, removal or destruction of any building, structure or portion thereof.
(1)
All zoning permit applications shall contain information of all existing and proposed uses of the lot, premises, and such other information as may be requested by the Zoning Officer and reasonably necessary for said official to ascertain whether the proposed use, change of use, erection, construction or alteration complies with the provisions of this chapter. Applications shall be fully completed and signed by the applicant or owner. The applicant shall certify as to the truth of the information submitted in the application and accompanying documents so that any willful misstatements shall be considered a violation of this provision and subject the offender to the penalties provided herein.
(2)
All applications submitted to the Zoning Officer shall be numbered in sequence. Upon receipt, the Zoning Officer shall date each copy, maintain the original in the Township file and issue a copy to the applicant.
C.
Application for zoning permit. Applications for zoning permits shall be made, in writing, on forms provided by the Township of Mantua. The application shall be valid for 30 days from submission. The following information is required with a zoning permit application:
(1)
Completed required application forms, identifying the existing or prior use and the specific proposed use on the lands and premises for which application is made and the number of families the building is designated to accommodate, if applicable.
(2)
Signed application by the property owner of which the improvement will be constructed upon, or an original letter from the authorizing applicant to submit a zoning permit application for subject property.
(3)
Three scaled copies of a survey and/or plot plan showing all existing and proposed buildings, structures, and/or improvements identifying all proposed front, rear and side yard setback distances, dimensions, height, depth, number of trees removed, exact size and location of all buildings and other structures, if any, and the location and dimensions of proposed buildings and other structures or alterations, and any other specific information unique to the property. Any wetlands and/or streams on site should be identified.
(4)
Any other information deemed necessary by the Zoning Officer directly related, or reasonably relevant, to the permit.
D.
Issuance of zoning permit.
(1)
Application review time line; permit content; notice of denial reasons.
(a)
An application for a zoning permit shall be granted or denied by the Zoning Officer within 10 business days of the date of filing a complete application. If any application is granted or approved, a signed permit shall be issued by the Zoning Officer. Said permit shall be numbered in sequence, dated and signed by the issuing officer, and among other information, shall contain:
[1]
A brief description of the use and/or work to be commenced or performed thereunder;
[2]
The block and lot number and address of the property on which the use or work is to be commenced or performed;
[3]
The names of the applicant and owner to whom the permit is to be issued;
[4]
Notice of the date of expiration of the permit and notice that the use or work must be commenced, performed and completed in accordance with the application upon which the permit is issued; and
[5]
All applicable approvals, laws, ordinances, rules, and regulations of the federal, state and local governments, boards, agencies or authorities.
(b)
If an application for permit is denied or rejected by the Zoning Officer, she or he shall state the reason or reasons for such denial, in writing, and provide the applicant with a copy of same.
(2)
A zoning permit shall not be issued by the Zoning Officer in the following circumstances:
(a)
For any use, change of use, extension of a nonconforming use, installation, construction, alteration or moving of a building or structure, or any activity that does not comply with or conform to the terms, provisions and regulations of this chapter, statute or the order of decisions of a planning board, zoning board, or court of competent jurisdiction.
(b)
For any use, change of use, extension of nonconforming use, installation, repair, remodeling, conversion, removal, destruction, replacement, relocation, construction, alteration or moving of a building or structure that an approval has been granted by the applicable board if said approval has expired, been revoked or determined to be invalid.
(c)
Instances wherein subdivision or site plan approval is required, unless and until final subdivision or site plan approval has been secured and compliance with all the terms and conditions of such approval, resolution, terms and provisions of the applicable development regulation, including payment of required fees, escrow deposits and posting of guarantees.
(d)
If taxes or assessments for local improvements are due or delinquent on the property for which a zoning permit application is made, submission of proof that no taxes or assessment for local improvements are due or delinquent shall be required as a condition precedent to the issuance of a zoning permit.
(3)
Appropriate required fees, including as required in Chapter 230, Attachment 1, of the Mantua Township Code, shall be submitted upon approval.
(4)
Subsequent building permits from the Construction Department and additional permits from the Engineering Department, and/or a preconstruction meeting may be required.
E.
Expiration of permits. A zoning permit shall be valid or effective for one year from the date of issuance thereof and shall thereafter be null and void. If the use, change of use, extension of nonconforming use, erection, construction, repair remodeling, conversion, removal, destruction or moving, alteration, or relocation of a building or structure authorized by such permit shall have been substantially commenced within one year from the date of issuance and proceeded with due diligence, the Zoning Officer may extend the zoning permit.
F.
Exemptions.
(1)
Existing residential structures. Notwithstanding any provision in this chapter to the contrary and except as provided in § 230-95.1F(3) (below), no zoning permit shall be required for the following work on existing residential structures:
(a)
Installation, replacement or repair of siding (involving no additional square footage added to structure).
(b)
Replacement or repair of existing roof or existing roof shingles (involving no additional square footage added to structure).
(c)
Installation, replacement or repair of windows.
(d)
Replacement or repair of existing steps (involving no increase in size of steps, width or length).
(e)
Replacement or repair of existing sewer or septic lines. If this involves curbs, sidewalks, or streets, a permit shall be secured from the Department of Engineering.
(f)
Service upgrades, repair, or replacements of panels, meter sockets, and related internal electrical work, not involving multimeter devices, or condition or provisions of § 230-95.1F(3).
(g)
Interior renovation, provided that such work does not involve a condition or change of use as indicated in § 230-95.1F(3).
(2)
Handicapped exemptions. A zoning permit fee shall not be required for the construction, reconstruction, alteration, improvement or repair of a structure used for the sole purpose to promote accessibility by the handicapped, "handicapped" being defined under N.J.S.A. 52:27D-126e.
(a)
Upon application for and at the discretion of the Zoning Officer, the construction, reconstruction, alteration, improvement and/or installation of ramps, lifts, etc., associated with the accessibility of handicapped persons may be permitted to infringe upon setback requirements of residential property when it has been established to the Zoning Officer's satisfaction that no other feasible means of accessibility is available.
(b)
Before granting the application that contains an infringement upon a setback requirement, the following conditions must be met:
[1]
Just cause must be shown to the Zoning Officer why accessibility cannot be met under the current Zoning Code;
[2]
The requested infringement shall not exceed any further than the minimum building requirements of the current N.J.A.C. 5:23-7, Barrier Free Subcode, and subsequent amendments or additions thereto;
[3]
The applicant, owner, or occupant with owner permission shall agree, in writing, to remove said ramp, lift, or other structure from the infringement area upon the death of the handicapped person, the relocation of the handicapped person, sale or rental of the property to a nonhandicapped person or in the event that the disability no longer exists.
(3)
Exemption restrictions. There shall be no exception from the requirement of a zoning permit for existing residential structures if the work involves any one or more of the following:
(a)
Change in the front, rear or side yard setback;
(b)
An increase in lot coverage;
(c)
A change of use that increases the number of dwelling units;
(d)
A change that results in the need for a variance or exception;
(e)
An expansion of a nonconforming use; and
(f)
Structural changes, addition of square footage to the structure or roof or the enclosure of an existing open porch or patio.
(4)
Certification statement. No exception shall be granted unless the applicant fully completes, signs, and files a certification statement of work form provided by the Construction Code Official.
G.
Relationship to construction permits. Nothing herein shall be construed to obviate the requirement for applying for and obtaining a required construction permit, ROW permit, tree removal permit, or other applicable required approvals.
H.
Nonwaiver. In no case shall the issuance or nonissuance of a zoning permit be construed as a waiver of the provision of this chapter or any other ordinance of the Township of Mantua, nor shall such be construed as a waiver of the terms or provisions of any state statute, rule, regulation.