Manville City Zoning Code
ARTICLE 12
ADMINISTRATION; PERMITS; CERTIFICATES
§ 31-1201 ENFORCEMENT.
The primary enforcement officers of this Ordinance shall be the Construction Official and the Zoning Officer, and their respective deputies.
§ 31-1201.1 Construction Official.
Whenever the term "Construction Official" is used in this Ordinance, it shall mean the Construction Official operating as such in the Borough of Manville enforcing agency under the State Uniform Construction Code.
§ 31-1201.2 Zoning Officer.
The Mayor and Council shall appoint a Zoning Officer.
§ 31-1201.3 Deputy Zoning Officers.
The Mayor and Council may also designate as Deputy Zoning Officers, for the purpose of signing complaints and prosecuting violations of this Ordinance in the Municipal Court, or any other Court, such other officers, including but not by way of limitation, the Chief of Police and members of the Police Department, as said Mayor and Council may deem advisable.
§ 31-1201.4 Appointments.
The same person may be named by the Mayor and Council to serve as both Construction Official and as Zoning Officer, or the Mayor and Council may appoint separate persons to said positions.
§ 31-1202 DUTIES OF ZONING OFFICER.
It shall be the duty of the Zoning Officer, or his duly authorized assistants or deputies, to examine and inspect any plans, buildings or premises to determine that they are not in violation of the provisions of this Ordinance. He shall have the right to enter any building or premises during the daytime in the course of his duties, except as otherwise may be proscribed by law.
§ 31-1202.1 Remedy of Violations.
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 Ordinance, he shall order the responsible party in writing to remedy such conditions. Said written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such action, the penalties and remedies which may be invoked by the Borough, and the violator's rights of appeal; all as provided for by this Ordinance and the laws of the State of New Jersey. A copy of the written order shall be transmitted to the Construction Official who shall thereupon cause the Certificate of Occupancy for the building or premises in question to be held null and void. A new Certificate shall be required for any further use of such building or premises.
§ 31-1202.2 Issuance of Permits.
The Zoning Officer shall issue Zoning Permits or Temporary Use Permits, as appropriate and as provided for elsewhere in this Ordinance. No such permit shall be issued for any plans which would be in violation of the provisions of this Ordinance.
§ 31-1202.3 Certificate of Occupancy.
The Zoning Officer shall inspect premises after construction and prior to issuance of a Certificate of Occupancy to assure that the building in fact does comply with the plans as approved and this Ordinance. If it does, the Zoning Officer shall issue the Zoning Certificate.
§ 31-1202.4 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 Mayor and Council and other officials of the Borough, County and State. The records to be maintained shall include at least the following:
a.
Application File. An individual permanent file for each application for a permit provided for by this Ordinance shall be established at the time the application is made. Said file shall contain one copy of the application and all supporting documents, maps and plans; notations regarding pertinent dates and fees, and the like; as appropriate, one copy of the resolution of the Board of Adjustment in acting on the application; and the date the permit applied for was issued or denied by the Zoning Officer.
b.
Monthly Report. The Zoning Officer shall prepare a monthly report for the Mayor and Council. Said report shall cite all actions taken by the Zoning Officer including all referrals made by him; 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 Mayor and Council.
§ 31-1203.1 Zoning Permit.
[Ord. No. 2021-1266, 8-16-2021; Ord. No. 2023-1294, 6-12-2023]
At the time of application for a construction permit (by whatever name) to construct, alter or repair a detached one- or two-dwelling-unit building, to be used exclusively for residential purposes, in a residential district, the applicant shall also apply to the Zoning Officer for a zoning permit.
a.
The applicant shall supply the Zoning Officer with the information required by § 30-603d of Chapter 30, Land Development Ordinance, as well as all data required by the State Uniform Construction Code.
b.
The Zoning Officer shall determine that said application conforms in all respects to the requirements of this chapter, where plans regarding the construction or alteration of any building or part of any building, or the change in use of any land or building or part thereof, including fence, pool, solar panel installations or any other modifications done to any building, residential structure, or parcel of land, and an approved site/land survey are reviewed, and shall issue the zoning permit and sign and stamp all plans and so advise the Construction Official.
c.
If the Zoning Officer shall determine that said application does not conform in all respects to the requirements of this chapter, he shall note in what respects the application does not conform and shall deny the application. The Zoning Officer shall notify the Construction Official of such denial and shall advise the applicant of the applicant's right to apply to the proper board for an appropriate remedy. An applicant may file an application with the Board of Adjustment for action under any of its powers without prior application to the Zoning Officer.
d.
Where a new application for the repair, replacement, or installation of fencing or solar panels creates no additional impervious coverage, the Borough Zoning Officer has the authority to at his or her discretion, issue said permit based on the Zoning Officer having approved a signed written agreement with the applicant providing for a plan to remediate previous impervious coverage issues on the premises.
§ 31-1203.2 Site Plan Review and Approval.
Every application for a Zoning Permit, other than an application under subsection 31-1203.1 above, shall require that the applicant shall first have obtained site plan review and approval for from the Planning Board (or, in instances provided for in Chapter 291, P.L. 1975, from the Board of Adjustment). The procedure, regulations and requirements for such site plan review are set forth in Chapter 30, Land Development Ordinance, of the Borough. No Zoning Permit shall be issued unless and until site plan approval pursuant to Chapter 30 shall first have been obtained.
§ 31-1203.3 Permit Fees.
[Ord. No. 2023-1308, 12-11-2023]
a.
Residential permit application: $25.
b.
Residential permit application solar: $50.
c.
Commercial permit application: $100.
Note: Commercial permit application includes any commercial or mixed-use property, all signage (including real estate signage), continuing occupancy application, change of tenancy, and permitted change of use.
§ 31-1204 CERTIFICATES AND PERMITS.
The Certificates and Permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this Ordinance.
§ 31-1204.1 Construction Permit.
No construction permit (by whatever name the same be called) as required by the Uniform Construction Code, shall be issued unless the Construction Official shall first receive or issue, as the case may be, a Zoning Permit, showing that the plans and intended use of such building or structure are designed and intended to conform in all respects to the provisions of this Ordinance and all other applicable ordinance, laws and regulations.
§ 31-1204.2 Certificate of Occupancy.
a.
No Certificate of Occupancy shall be issued unless the Construction Official shall first receive or issue, as the case may be, a Zoning Permit or Zoning Certificate, as applicable, showing that said land and/or premises and the use thereof comply in all respects to the provisions of this Ordinance and all other applicable ordinances, laws and regulations.
b.
No land shall be occupied or used and no building shall be occupied or used, in whole or in part for any purpose whatsoever, until a Certificate of Occupancy shall have been issued by the Construction Official stating that the land or building, and the occupation or use of said land or building, comply with all the provisions of this Ordinance and all other applicable ordinances, laws and regulations.
c.
No change or extension of use and no alteration of use shall be made in a nonconforming use of any land or building, without a Certificate of Occupancy having first been issued by the Construction Official indicating that such change, extension or alteration is in conformity with the provisions of this Ordinance and all other applicable ordinances, laws and regulations.
d.
No change shall be made in the use or occupancy of any land or building without a Certificate of Occupancy having first been issued by the Construction Official indicating that such change is in conformity with the provisions of this Ordinance, and all other applicable ordinances, laws and regulations. Whenever the ownership or tenancy of a building other than a building used or occupied exclusively as a dwelling, shall change, a Certificate of Occupancy shall be obtained indicating that the use of occupation is in conformity with the provisions of this Ordinance and all other applicable ordinances, laws and regulations; such Certificate of Occupancy shall be required in any such case whether or not there is no change of such use, and to register the name or names of the party or parties liable for compliance with the terms of this Ordinance and all other applicable ordinances, laws and regulations. In any case where the Certificate of Occupancy is required because of a change in tenancy or ownership, but there is no change in use, the Construction Official shall issue such certificate without referral of the matter to the Planning Board and no site plan review shall be required.
e.
In any case where a Building/Construction Permit is also required, the Certificate of Occupancy shall be applied for at the same time that the application for a Construction Permit is filed and shall be issued within 10 days after the erection or alteration of the building shall have been completed in conformity with the provisions of this Ordinance and all other applicable ordinances, laws and regulations. In any case where no Construction Permit is required, but a Certificate of Occupancy is required, the Certificate of Occupancy shall be applied for before the land or building is used or occupied for the purpose for which the Certificate of Occupancy is sought or, in a case where the Certificate of Occupancy is required because of a change in the ownership of tenancy of a building other than a building used or occupied exclusively as a dwelling, the Certificate of Occupancy shall be applied for before the land or building is used by the new owner or tenant, as the case may be; such Certificate of Occupancy shall be used within 10 days after the application therefor, provided the purposed use or occupation of the land or building shall conform with the provisions of this Ordinance and all other applicable ordinances, laws and regulations.
f.
A record of all Certificates of Occupancy shall be kept on file in the office of the Construction Official and copies shall be furnished upon request to any person having a proprietary or leasehold interest in the building or land affected, upon payment of the appropriate fee therefor.
§ 31-1204.3 Zoning Permit.
The Zoning Officer is hereby empowered to issue a Zoning Permit for any plans regarding the construction or alteration of any building or part of any building, or the change in use of any land or building or part thereof, in accordance with the following:
a.
For a detached one- or two-dwelling unit building to be used exclusively for residential purposes in a Residential District, when he shall determine that such plans are not in violation of the provisions of this Ordinance.
b.
For any use other than specified in paragraph a., above, when he, with the Approving Authority under the procedures set forth in Article 3 of Chapter 30, Land Development Ordinance, shall determine that such plans are in conformity with the provisions of this Ordinance and the Land Development Ordinance and that same do not require a variance or conditional use from the terms of this Ordinance.
c.
For any use requiring a variance or conditional use permit, upon receipt of the final approval of the Approving Authority for such variance or conditional use, and accompanying site plan approval.
§ 31-1204.4 Temporary Use Permit.
The Zoning Officer is hereby empowered to issue a Temporary Use Permit when he shall determine that the requirements of this ordinance with respect thereto have been met, and as directed by the Approving Authority as follows:
a.
In connection with construction or development. It is recognized that certain types of construction and development require certain temporary structures and uses incidental thereto; not intended to remain permanently on the property, and not otherwise permitted by this Ordinance.
The Approving Authority in its general supervision and site plan review shall have the power to authorize, for a period not to exceed one year, the following uses customarily incidental to such construction and/or development; storage of building supplies and machinery, the assembly of building materials, temporary trailer or construction dwelling for use of workmen and supervisors on the site, and a real estate office located on the tract offered for sale.
The issuance of such permits shall be conditioned upon written agreement by the owner to remove any structure or structures erected thereunder and to discontinue such uses upon expiration of the Temporary Permit. Such permits may be renewed by the Approving Authority annually, over a period not to exceed three years.
b.
In connection with other temporary uses. It is recognized that there are certain activities or uses of land and/or buildings which are by their nature conducted only for a limited period of time and which may not otherwise be permitted by the provisions of this Ordinance, but which are of such nature and are so located that they will:
1.
In no way exert a detrimental effect upon land and activities normally permitted in the zone; or
2.
Contribute materially to the welfare of the Borough particularly in a state of emergency, or in connection with civic or charitable functions, under conditions peculiar to the time and place involved; or
3.
Arise by reason of the requirements of other law with reference to property.
Such uses may include strictly limited activities, such as outdoor amusements or circus events by non-profit civic organizations, one-day auctions ordered by Courts in bankruptcy or other Court-ordered liquidation, the provisions of temporary quarters for a limited period following a fire or other casualty loss, or seasonal activity such as the sale of Christmas trees from an open lot.
Application for a Temporary Use Permit under this subsection shall be made to the Zoning Officer, and shall be accompanied by a site plan modified to show such information as may be required in order to enable the Zoning Officer and approving authority to consider said matter. Such application shall also set forth in detail the times and dates for such proposed temporary use, and any other information which may be required by the Zoning Officer and approving authority.
The Approving Authority shall review such application and, upon the finding that one or more of the above criteria are met, and upon finding that the proposed activity or use is of the nature contemplated hereby, and being guided by other standards set forth in this Ordinance for the exercise of decision powers by a Board acting pursuant to this Ordinance, shall direct the Zoning Officer to issue such Temporary Use Permit.
A Temporary Use Permit issued pursuant to this subsection 31-1204.4b shall be effective only for the period set forth in such Permit, but in no case for a period to exceed six months.
In the event of the denial of such a Temporary Use Permit, the applicant shall have the right to appeal such determination to the Board of Adjustment (N.J.S.A. 40:55D-706).