Maplewood City Zoning Code
ARTICLE II
General Provisions
§ 271-4 Administration.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare. They are to be read and administered in the context of the intent and purpose of the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 271-5 Amendments.
All provisions of this chapter may be amended in accordance with applicable laws.
§ 271-6 Appeals.
Any interested party may appeal any final decision of the Board of Adjustment or the Planning Board on any class of application for development to any court of competent jurisdiction according to law.
§ 271-7 Board of Adjustment.
A Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven regular and two alternate members who shall be residents of the Township appointed by the Township Committee.
§ 271-8 Outstanding building permits, site plan approvals and variances.
Nothing in this chapter shall require any change in a building permit, site plan or variance which was approved before the enactment of this chapter but which is in violation of this chapter, provided that construction based on such a building permit shall have been started within one year from the effective date of this chapter and, in the case of a site plan or variance, a building permit shall have been issued within one year following the effective date of this chapter. In all instances the project shall be continuously pursued to completion; otherwise, all approvals and permits shall be void.
§ 271-9 Compliance required.
All zoning requirements shall be met at the time of any construction, alteration or change in use.
§ 271-10 Conditional uses.
A.
Application for a conditional use shall be made to the Planning Board, which shall grant or deny the application after public hearing within 95 days of accepting a complete application or within such further time as may be consented to by the applicant. Notice of the hearing shall include reference to all matters being heard, including site plan, subdivision or variance. The approving authority shall act on the subdivision, site plan or variance simultaneously with the conditional use application. Failure of the approving authority to act within the required time shall constitute approval. In reviewing the application, the approving authority shall review the number of employees or users of the property and the requirements set forth in this chapter and shall give consideration to all reasonable elements which would affect the public health, welfare, safety, comfort and convenience, such as but not limited to the proposed use, the character of the area, architectural treatment, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location and orientation. All conditional uses require site plan approval.
B.
The following standards shall apply to the conditional uses which are specifically permitted in Article V of this chapter.
(1)
Attached dwellings. In the R-1-7, R-1-5 and R-1-4 Districts, attached dwellings shall be permitted as a conditional use subject to the following conditions:
(a)
The number of units permitted on a tract shall be determined by submission of a plan for single-family detached dwellings, using the total unit count achievable for detached dwellings as the maximum number of attached dwellings permitted.
(b)
All other standards for attached dwellings shall conform to those set forth in the RGA District, except that the minimum lot area on which a development of attached dwellings shall be permitted will be one acre in the R-1-5 and R-1-4 Districts and 1.5 acres in the R-1-7 District.
(2)
Automobile service stations.
(a)
The minimum lot size shall be 10,000 square feet, with a street frontage of at least 150 feet and an average depth of at least 100 feet. On corner lots, each street frontage shall be at least 75 feet.
(b)
The minimum front yard setback shall be 40 feet, and the minimum setback from all other property lines shall be 15 feet. For pumps and other accessory structures, the setback from the street line shall be a minimum of 25 feet, and the setback from all other property lines shall be a minimum of 10 feet.
(c)
Access drives shall be no more than 30 feet wide. They shall be at least 10 feet from an adjoining property line and 25 feet from a street intersection.
(d)
Floor drains shall be connected to a grease interceptor device.
(e)
The lot on which the service station is located shall be at least 300 feet from a public or private school or playground, a house of worship, a hospital, a public building or place of public assembly, a theater or other building or structure used or intended to be used for public entertainment or a fire house or fire station.
(f)
The service station shall not be located across the street from a residential zone.
(g)
No merchandise shall be displayed or kept for sale outside the building except petroleum products and automobile accessories reasonably connected with or necessary for the safe or lawful operation of motor vehicles. Any case or rack for the display of petroleum products and automobile accessories reasonably connected with or necessary for the safe and lawful operation of motor vehicles hereinafter erected or placed outside of the building shall be constructed of metal and shall not exceed seven feet in height.
(h)
No motor vehicles shall be sold or displayed for sale on the premises unless the owner or operator of the premises holds a license to do so issued pursuant to the provisions of the Statutes of the State of New Jersey and the ordinances of the Township of Maplewood.
(i)
Parking shall be provided at the rate of two parking spaces for every service bay.
(j)
Repair work, other than incidental minor repairs, shall take place only within the building, and all repair or service apparatus shall be located within the building.
(3)
Car wash. In addition to all the standards set forth for the HB District, a car wash shall have a minimum lot size of 10,000 square feet and there shall be sufficient stacking room on-site to avoid traffic backing onto a public street during times of peak usage.
(4)
Houses of worship and other places of public assembly.
[Amended 12-16-2003 by Ord. No. 2239-03]
(a)
The minimum lot width shall he 150 feet.
(b)
The minimum front yard setback shall be 35 feet, and no more than 20% of the front yard may be paved.
(c)
The minimum side yard shall he 25 feet. However, the overall side yard shall be not less than 25% of the lot width at the front setback line.
(d)
The rear yard shall have a minimum depth of 20% of the lot depth, but shall be not less than 30 feet.
(e)
The maximum building height shall be 40 feet. However, for houses of worship. a steeple or other religious design feature may be erected above the height limits, provided that it is clearly related to the religious purpose, does not expand the capacity of the facility to accommodate people and does not exceed the actual building height by more than 20 feet.
(f)
The maximum lot coverage shall be 30%.
(g)
All required parking for the use shall be provided on site.
(5)
Multiple dwellings on transitional lots.
(a)
The building shall be as close in appearance to a single-family residential building as is practical in order to effect a reasonable transition from the business district to the residential district.
(b)
The off-street parking area shall be located as close as possible to the business district, and the access drive shall be located as far from the residences in the single-family district as is practical.
(6)
Off-street parking in the RB District. The purpose of establishing this limitation is to protect the pedestrian scale of development in this business area. The addition of parking lots without controls could interrupt the flow of pedestrian traffic and break into continuous store frontages, which may be detrimental to the long-range vitality of the business district.
(7)
Off-street parking on transitional lots.
(a)
The buffer requirements of this chapter shall be adhered to along the residential boundary of the transitional lot.
(b)
The off-street parking area shall be located as close as possible to the business district, and the access drive shall be located as far from the residences in the single-family district as is practical.
(8)
Professional offices on transitional lots.
(a)
The building shall be as close in appearance to a single-family residential building as is practical in order to effect a reasonable transition from the business district to the residential district.
(b)
The off-street parking area shall be located as close as possible to the business district, and the access drive shall be located as far from the residences in the single-family district as is practical.
(9)
Public and private schools.
(a)
Adequate dropoff and pickup areas shall be provided outside the public street area.
(b)
The use shall be permitted only on major, secondary or tertiary streets as shown on the Traffic Circulation Plan of the Maplewood Master Plan.
(c)
The front yard setback shall be no less than that established for the district in which the building is located. All other setback and site development standards shall be the same as those for the district in which the use is located, except that the minimum lot size shall be one acre.
(10)
Renting or leasing of motor vehicles, trailers or equipment.
(a)
Stored vehicles, trailers or equipment shall be set back from the street line a minimum of 25 feet and from adjoining property lines a minimum of five feet.
(b)
The conditional use approval shall clearly state the limits of display area and the proper accommodation of deliveries and customer parking on the site.
(11)
Repair garage in the HB District. The following standards shall apply in addition to those set forth in the HB District.
(a)
Repair work, other than incidental minor repairs, shall take place within the building, and all repair or service apparatus shall be located within the building.
(b)
Floor drains shall be connected to a grease interceptor device.
(c)
Parking shall be provided at the rate of two parking spaces for every service bay.
(d)
No motor vehicles shall be sold or displayed for sale on the premises unless the owner or operator of the premises holds a license to do so issued pursuant to the provisions of the Statutes of the State of New Jersey or the ordinances of the Township of Maplewood.
(e)
Only registered motor vehicles shall be stored on the premises awaiting repair, the maximum storage time shall be 14 days, and there shall be no overnight storage of motor vehicles permitted in the front yard portion of the site.
(12)
Sales of new or used automobiles. The following standards shall apply in addition to those set forth in the HB District.
[Amended 12-3-2002 by Ord. No. 2195-02]
(a)
The use of bare light bulbs or strings of lights shall not be permitted.
(b)
Banners, flags, movable signs, flashing lights, rotating devices or similar devices shall not be permitted. Signs shall conform to the requirements of this chapter pertaining to signs.
(c)
No automobile shall be displayed closer than four feet to the street line. The applicant shall erect and maintain along the street frontage of the property on which the business is conducted a permanent curb of masonry concrete or other equally durable material, approved by the Township Engineer, of not less than six inches in height. The curb shall be without opening except for entrance and exit. The opening shall be no more than 15 feet in width and shall be installed only where the street curb has been lower and a concrete apron constructed. No more than one opening shall be permitted for each 50 feet of frontage, and there shall be no more than two openings on any street frontage. The area between the street line and the curb shall be completely covered with a hard-surfaced pavement. The applicant shall also install and maintain a low shrubbery buffer, with a minimum height of two feet, between the sidewalk and the car display area.
(d)
Automobile prices or year of manufacture shall not be boldly displayed on the automobile in a manner which would be legible from the street. The purpose of this regulation is to avoid undue distractions to the traveling public. In no event shall more than 40% of the windshield be used for advertising.
(e)
Customer parking shall be provided in accordance with the requirements set forth in Article IV as related to building space. Additional parking shall be provided at the rate of one parking space for every five spaces available for vehicle display. Vehicle display spaces shall be clearly noted on the site plan.
(f)
No facilities for automobile body repair or mechanical repair shall be permitted to be located on the premises used for sales and showrooms of new or used automobiles except those facilities necessary for the preparation or maintenance of automobiles sold upon said premises and only where said facilities are clearly incidental and subordinate to the principal use and in compliance with the provisions of § 271-10B(2) and/or § 271-10B(11)
(g)
The surface of the premises on which the business is conducted shall be completely covered by a hard-surfaced pavement with adequate drainage facilities to the street.
(h)
No motor vehicle shall be parked on the premises nearer than four feet to any frame dwelling.
(i)
An all-metal woven-wire fence four feet in height shall be installed by the licensee along the line of his lot where it is adjacent to property in a residential zone.
(j)
Lighting.
[1]
Wherever artificial lighting is used on the licensed premises, the lights shall be mounted on plain metal or wood stanchions which shall be free of emblems or advertising matter. Stanchions shall be not over 25 feet above the ground and spaced not less than 20 feet apart along the front and side lines of the lot. The lighting shall be so erected and maintained that no disturbing glare will be visible to adjacent property owners. Lighting spill onto adjacent residential property shall not exceed two footcandles' intensity. Luminaries mounted on the stanchions shall be arranged so that the beam of light produced will be at a sixty-degree angle cutoff. The luminaries shall be so arranged that light is cut off cleanly at the sidewalk before the curbline. Luminaries shall be equipped with an acrylic diffuser to eliminate glare for passing motorists. Illumination intensities provided for the front (first) row of cars shall not exceed the following footcandle criteria:
Location | Maximum Intensity (Footcandles) | |
|---|---|---|
Sidewalk midpoint | 50 | |
Front edge of car hood | 90 | |
Center of hood | 100 | |
Car center | 95 | |
Trunk top | 80 |
[2]
Lighting sources may consist of luminaries employing the use of incandescent, color-corrected mercury vapor and metallic vapor hot-cathode fluorescent or tungsten halogen (quartz iodine) lamps. Individual lamp wattage shall not exceed 1,500 watts per luminaire. Under no circumstance shall the use of sodium lights, flickering lights, rotating lights, flashing lights or colored lights be permitted. Strings of lights shall not be permitted. In addition to complying with this section, the entire lighting installation shall comply with the requirements of the National Electrical Code and the Township Building Code.[1]
(k)
Only one neat and attractive sign advertising the business conducted may be erected on the licensed lot. The sign shall be of noncombustible material and shall not be over 40 square feet in area. No other signs, strings of pennants, flags or similar decorations, whirling displays, cards or marking shall be permitted, except a windshield sign limited to 40% of the windshield area, which may be displayed on each or any motor vehicle.[2]
[2]
Editor's Note: Former Subsection C, Public areas, added 4-21-1992 by Ord. No. 1884, which subsection immediately followed this subsection, was repealed 11-18-2002 by Ord. No. 2198-02.
(13)
Bed-and-breakfasts are only permitted as a conditional use in the R1-5, R1-7 and R2-4 Zones.
[Added 7-5-2006 by Ord. No. 2357-06]
(a)
The minimum lot width shall be 100 feet.
(b)
The minimum lot area shall be 15,000 square feet.
(c)
The residence must be set back at least 10 feet from the property line on the nonparking side.
(d)
Each bed-and-breakfast shall maintain an exterior residential appearance and character, meaning an exterior facade, that is compatible with the surrounding single-family homes, and is of an appearance that would be found in a structure designed for and occupied by a family as a detached single-family residence.
(e)
Guest bedrooms:
[1]
The maximum number of guest rooms allowed shall be four and the number of guests at any one time shall be not more than eight adults and children over the age of six. The maximum number of guests per room shall be in compliance with all Township Code requirements.
[2]
Entrances to guests rooms shall be on the interior of the residence. Secondary exterior entrances to guests' rooms are permitted only for access to patios, verandas and balconies or as may be required to comply with the Construction Code and/or Fire Code.
(f)
Guest parking:
[1]
One off-street parking space shall be provided for each guest bedroom. This is in addition to the requirement for off-street parking for single-family residences.
[2]
Guest parking must be located in the rear yard and/or side yards, but no closer than 15 feet from the side property lines and 20 feet from the rear property line.
[3]
Guest parking must be screened from view from the street and from immediate residential neighbors by landscaping, permitted fencing and/or the residence itself.
(g)
Signage:
[1]
Signage for the residence shall be restricted to a single ground graphic or wall graphic, but not both, in the front yard or on the front wall of the residence at least 15 feet from the front property line. If the residence is a corner lot, two graphics are permitted, one for each front yard, in compliance with the front sight triangle provisions of § 271-55 of the Code of the Township of Maplewood.
[2]
Maximum area of the sign shall be four square feet.
[3]
Maximum height of the sign shall be six feet for a ground graphic or eight feet for a wall graphic.
[4]
The sign may be illuminated externally by not more than two 75 watt light bulbs. Internally illuminated signs are not permitted. No sign shall contain a telephone number or words to the effect that the residence is full or vacant.
(h)
Lighting. Exterior lighting shall be shaded to prevent illumination off site. All exterior lighting, except for demonstrated security needs, shall be extinguished by 11:00 p.m.
(i)
Secondary or accessory structures: Detached secondary or accessory structures may not be used for guest rooms, dining and/or food preparation as part of the operation of a bed-and-breakfast.
§ 271-11 When effective.
This chapter shall take effect upon its final passage, publication and filing with the County Planning Board.
§ 271-12 Enforcement.
It shall be the duty of the Zoning Officer to administer and enforce the zoning provisions of this chapter. It shall be the duty of the Township Engineer to enforce the provisions of subdivision and site plan approvals.
§ 271-13 Fees.
Fees are set forth in Article VI of this chapter.
§ 271-14 Guaranties; inspections.
A.
No final plat shall be approved by the approving authority until all items determined to be in the public interest have either been installed or bonded. Those which have been installed shall have been inspected, certified and approved by the Township Engineer, accepted by the governing body, and a maintenance guaranty filed and accepted by the governing body. Those items required to be bonded shall have been provided for by a performance guaranty accepted and approved by the governing body. No maintenance bond shall be accepted on any partially completed facility or for any item which has further work to be completed or which will need to be altered or reworked in any manner due to the installation or connection of any other facility. Any improvements installed prior to final plat application that do not meet the standards of this chapter or other regulations shall be added to the performance guaranty.
B.
The applicant shall submit the performance guaranty to the Township Engineer, the Township Attorney and the governing body for review and approval by resolution. Final plat submission shall not be until the performance guaranty has been accepted and approved by the governing body. In the event that final approval is by stages or sections, the provisions of this section shall be applied by state or section.
(1)
In any performance guaranty, the developer shall be principal and the surety shall be either an acceptable surety company licensed to do business in the State of New Jersey and/or cash or certified check which shall be deposited with the Township Treasurer. Any performance guaranty obtained from a surety company shall be issued in the name of and executed by a representative of the developer on its behalf. In addition, at least one corporate officer, partner, member of a joint venture or other similar entity shall also sign the bond in his individual capacity. The Township Treasurer shall issue a receipt for such deposits. If the improvements have not been completed in accordance with the standards or within the stipulated time, but no longer than two years, the developer and surety shall be liable thereon for the reasonable cost of completing the improvements. The Township may, either prior to or after receipt of the proceeds thereof, complete such improvements.
(2)
The performance guaranty shall equal 120%, 10% of which shall be cash, of the cost of installing the improvements. It shall be either certified check, bank money order or surety bond of a bonding company approved by and at the option of the governing body or its designee. The Township Engineer’s certification that the principal has satisfactorily installed the improvements or has defaulted shall be the basis for governing body action which accepts or rejects the improvements, withholds approval or extends the time allowed for installation of the improvements. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the date of the passage of the resolution.
[Amended 5-3-2011 by Ord. No. 2668-11]
C.
Prior to construction, the developer shall arrange a preconstruction conference among the developer, contractor and Township Engineer. The Township Engineer shall be notified by registered mail by the developer at least 72 hours in advance of the start of construction. The cost of inspections shall be the responsibility of the developer, who shall reimburse the Township for all reasonable inspection fees by submitting a check or bank money order to the Township Clerk in accordance with the fee schedule in Article VI of this chapter. This fee shall be in addition to the amount of the performance guaranty and all application fees.
D.
No work shall be done without permission from and inspection by the Township Engineer. No underground installation shall be covered until inspected and approved. The Township Engineer's office shall be notified after each of the following phases of the work has been completed so that he may inspect the work: road subgrade; curb and gutter forms; curbs and gutters; road paving (after each coat in the case of priming and sealing); drainage pipes and other drainage structures before backfilling; shade trees and planting strips; street name signs; and monuments.
E.
All utility installations installed by utility companies shall not be subject to the inspection requirements or bonding.
F.
Occupancy permits will be issued only when required fire alarms, curbs, aprons, utilities, functioning water supply and sewage treatment facilities, gutters and other necessary storm drainage to ensure proper drainage of the lot and surrounding land, fine grading of lots, clearing of sight triangles, soil stabilization, including topsoil and seeding, base course for the street and driveway, and sidewalks are installed to serve the lot and structure for which the permit is requested. Streets shall not receive surface course paving until all heavy construction is completed. Shade trees shall not be planted until all grading and earthmoving is completed.
G.
Upon substantial completion of all required appurtenant utility improvement and the connection of the same to the public system, the developer shall prepare plans and profiles to read "as constructed" and submit one set to the administrative officer and may notify the governing body, in writing, by certified mail addressed in care of the Township Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Township Engineer. The Township Engineer shall inspect all improvements of which such notice has been given and, within 30 days of completing the inspection, shall file a detailed report, in writing, with the Township Committee, recommending either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
H.
The governing body shall either approve, partially approve or reject the improvements and shall notify the developer by certified mail of the contents of the Township Engineer's report and the action of the approving authority with relation thereto, not later than 65 days after receipt of the notice from the developer of the completion of the improvements, except that no approval or partial approval shall be granted until an acceptable maintenance guaranty has been submitted and approved to cover the improvements. Where partial approval is granted, the developer shall be released from liability pursuant to its performance guaranty, except for that portion sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the developer within 65 days shall be deemed to constitute approval of the improvements, and the developer and surety, if any, shall be released from all liability pursuant to such performance guaranty for such improvements.
I.
If any portion of the required improvements is rejected, the approving authority may require the developer to complete such improvements and, upon completion, the same procedure of notification as set forth shall be followed.
J.
Maintenance guaranty. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met:
(1)
Written certification has been received from the Township Engineer that all improvements are complete and comply with this chapter and other ordinances.
(2)
The developer has provided a maintenance guaranty in an amount equal to 15% of the cost of improvements which runs for two years after final acceptance of the improvements by the governing body. The maintenance guaranty shall provide a guaranty to replace all work performed and all material furnished found defective and make good any defects thereof which become apparent during the two-year period. In addition, the developer shall accomplish regular maintenance such as curb and pavement replacement and repair, cleaning out catch basins and other matters. The maintenance guaranty shall be in a form acceptable to the governing body, the Township Engineer and Township Attorney. In the event that other governmental agencies or public utilities will own the utilities or the improvements are covered by a guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements.
(3)
To obtain release of the maintenance bond, the developer shall, after all required maintenance has been completed, apply to the governing body, in writing, by certified mail, with a copy to the Township Engineer, for final inspection of the work. The Township Engineer shall, within 30 days of receipt of request for inspection, report, in writing, to the governing body, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection.
(4)
The governing body shall either approve or reject the improvements and release of the maintenance bond or reduce the amount of the maintenance bond, following the same procedures as for performance bonds.
§ 271-15 Repealer.
Upon adoption of this chapter, all previously adopted subdivision, site plan and zoning ordinances and their amendments are repealed.
§ 271-16 Interpretation.
A.
The provisions of this chapter shall be held to be minimum requirements. Where this chapter establishes minimum and maximum standards, all standards shall be met. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of this chapter or any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes a higher standard shall control.
§ 271-17 Permits.
A.
No zoning permit, building permit or certificate of occupancy shall be issued or hearing held on an application for development or approval granted by the approving authority if taxes or assessment for local improvements are due or delinquent on the property for which application is made.
B.
No zoning permit, building permit or certificate of occupancy shall be issued in any flood hazard area until all plans are compatible with the floodplain regulations of this chapter. Prior to issuing a permit in a flood hazard area, all permits shall have been obtained from necessary state or local authorities and it shall have been determined that there is no adverse effect on the flood-carrying capacity of the drainage course. Flood damage mitigation measures shall be made a condition of the permit.
C.
A zoning permit shall be issued simultaneously with or before the issuance of any building permit or certificate of occupancy. For single-family and two-family dwellings, the building permit shall be considered to be the zoning permit. Zoning permits shall expire one year after the date of issuance if the use or substantial construction has not been commenced and diligently pursued to completion.
D.
Every application for a building permit shall be submitted in accordance with the Uniform Construction Code.
E.
A temporary certificate of occupancy may be issued by the Construction Official prior to the completion of all improvements required, provided that a bond is posted for the outstanding improvements and the temporary certificate is for no more than six months, with one three-month extension permitted.
F.
Any new construction, alteration or change in use shall require a certificate of occupancy prior to use or occupancy. No certificate shall be issued unless the land, building and use comply with this chapter and any approvals or waivers granted under the provisions of this chapter. All matters incorporated in the approved subdivision or site plan such as streets, drainage, parking and water and sewer service shall be completed and accepted by the Township Engineer, and the building and health codes complied with prior to the issuance of the certificate.
§ 271-18 Planning Board.
A Planning Board is hereby established consisting of nine members and two alternates who shall serve for a term pursuant to N.J.S.A. 40:55D-23. The members of the Planning Board holding office on the date of the adoption of this chapter shall continue therein until present terms expire. The Class I member shall be the Mayor. The Class II member shall be an official of the Township other than a member of the Township Committee, and appointed by the Mayor. The Class III member shall be a member of the Township Committee and appointed by it. The Class IV members shall be appointed by the Mayor. The terms of all Class IV members first appointed under this section shall be determined so that so the greatest practical extent the expiration of such terms shall be distributed evenly over the first four years after the appointment. The term of each Class IV member shall not exceed four years.
§ 271-19 Public hearings.
The approving authority shall hold a public hearing on each application for development, except that site plans and minor subdivisions shall not require a hearing unless a variance or conditional use is part of the application. All public hearings shall follow the requirements of the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 271-20 Saving provision.
These regulations shall not abate or modify any action, penalty, liability or right pending under any ordinance repealed by the adoption of this chapter except as expressly provided in this chapter.
§ 271-21 Severability.
If any provision of this chapter is adjudged by the courts to be invalid, such adjudication shall apply only to that provision and the remainder of this chapter shall be deemed valid and effective.
§ 271-22 Violations and penalties.
A.
In case of any violation of this chapter, the Township or any interested party, in addition to other remedies, may institute appropriate action to restrain, correct or abate such violation; to prevent the occupancy of said structure or land; and to prevent any illegal act, conduct, business or use in or about such premises. Any person convicted of the foregoing before a court of competent jurisdiction shall be subject to a penalty as set forth in the fees section of this chapter in Article VI. Each day shall be deemed a separate violation.
B.
If, before final subdivision approval has been granted, any person as owner or agent transfers or sells or agrees to transfer or sell any land which forms a part of a subdivision for which municipal approval is required, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall be subject to a penalty as set forth in the fees section of this chapter in Article VI, and each lot disposition so made shall be a separate violation.
C.
It shall be the duty of the Construction Official to investigate any violation of this chapter coming to his attention, whether by complaint or from his personal knowledge or observation. Where the Construction Official deems it necessary to obtain outside professional services, he shall notify the Township Committee of such necessity. It shall take such action as it may deem appropriate under the circumstances.
D.
Where any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of any provision of this chapter, the Construction Official shall serve notice upon the owner, his agent or person or corporation violating this chapter, either personally or by registered mail, to remove said violation within 10 days. If after 10 days the violation still exists, the Construction Official shall either:
(1)
Issue a summons returnable in the Municipal Court and file a complaint in the Municipal Court of the Township of Maplewood against the owner, his agent or any person or corporation perpetrating said violation, serving the aforesaid offender with proper notice, and prosecute this judgment in Municipal Court; or
(2)
File in the Superior Court a complaint to terminate said violation upon the express authority of the Township Committee and with the advice and assistance of the Township Attorney.