Marlboro Township City Zoning Code
ARTICLE VI
Zoning: General Administrative and Procedural Provisions
§ 220-125 Organization and procedure.
The organization and procedures of the Zoning Board of Adjustment and the Planning Board shall be prescribed in Article II.
§ 220-126 Certificate of occupancy.
A.
New uses.
(1)
No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Building Inspector. Such certificate shall be issued upon application by the owner, prospective occupant or purchaser only after the Building Inspector determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of this chapter, the Building Code and other codes and ordinances affecting construction and occupancy. Notwithstanding these provisions, applicants must comply with the requirements of Chapter 125, Construction Codes, Uniform, of the Code of the Township of Marlboro for the issuance of a certificate of occupancy or a certificate of continued occupancy.
[Amended 2-2-2012 by Ord. No. 2012-3]
(2)
No certificate of occupancy shall be issued without the approval of the Zoning Officer as to the compliance with the zoning ordinances as well as any other ordinances enforced by the Zoning Officer.
[Added 7-14-1988 by Ord. No. 31-88]
(3)
A temporary certificate of occupancy may be issued for any structure or use for which site plan approval has been secured but not all conditions of approval have been complied with. The Planning Board shall approve the issuance and terms of any temporary certificate of occupancy.
B.
Existing uses.
(1)
Existing at time of passage of chapter. Upon written request from the owner, tenant, occupant or purchaser under contract, the Building Inspector, after inspection, shall issue an occupancy permit for a use legally existing at the time of passage of this chapter, certifying the extent and kind of use and whether any such existing use conforms to the provisions of this chapter.
(2)
Nonconforming uses. No change or extension of use and no alterations shall be made in a nonconforming structure, use or premises without an occupancy permit having first been issued by the Building Inspector, stating that such change, extension or alteration is in conformity with the provisions of this chapter or that same has been permitted by the action of the Board of Adjustment.
C.
Change of use.
(1)
Whenever there occurs a change in the use of a building, structure or land, a new occupancy permit shall be applied for to ensure compliance with all applicable codes and ordinances.
(2)
For the purposes of this section, "change in use" shall be broadly construed and shall, for example, include substitution of one type of retail trade use for another and of a particular industrial manufacturing use for another. A certificate of occupancy shall be obtained for each and every change of commercial or industrial occupancy. The Building Inspector may issue such certificate if he determines that the requirements of this chapter and of any other applicable federal, state, county or municipal rules, laws or regulations concerning the proposed occupancy do not differ from those of the previous occupancy.
D.
Scope of certificate of occupancy. The certificate of 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.
E.
Improvement requirements. No certificate of occupancy shall be issued for any use or building involving the installation of utilities or street improvements, parking areas, buffer areas, storm drainage facilities, the alteration of the existing grade on a lot or the utilization of a new on-site well or sanitary disposal system unless the Township Engineer or Marlboro Township Municipal Utilities Authority[1] shall have certified, where applicable, to the following:
(1)
Utilities and drainage. All utilities, including but not limited to water, gas, storm drains, sanitary sewers, electric lines and telephone lines, shall have been properly installed and service to the lot, building or use from such utilities shall be available.
(2)
Grading of streets. All streets necessary to provide access shall have been graded and all slope-retaining devices or slope planting shall have been installed.
(3)
Sidewalks. All sidewalks necessary to provide access shall have been properly installed.
(4)
Curbing, parking areas and streets. Curbing, complete parking areas and the bituminous course for bituminous concrete streets or the curbing and pavement course for portland cement concrete streets necessary to provide access to the proposed lot, building or use shall have been properly installed.
(5)
Roadway obstructions. All exposed obstructions in bituminous concrete streets, such as manhole frames, water boxes, gas boxes and the like, shall be protected by building to the top of such exposures with bituminous concrete as directed by the Township Engineer.
(6)
Buffer areas and grading of lots. The lot shall have been fully graded and all plantings and required buffer areas or fences shall have been provided in accordance with the requirements of an approved site plan or preliminary plat, if any, or as required by the Township Engineer, to permit proper surface drainage and prevent erosion of the soils.
(7)
On-site wells. All on-site wells have been installed, tested and approved by the County Board of Health.
(8)
On-site sanitary disposal systems. All on-site sanitary disposal systems shall have been installed and approved by the County Division of Health.
(9)
Public water supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested.
(10)
Street signs and traffic control devices. All street signs and/or traffic control devices, including all pavement markings affecting the proposed lot, building or use and required under the terms of site plan approval or tentative approval of a preliminary plat or by federal, state, county or municipal rules, regulations or laws shall have been installed.
[Amended 3-4-2021 by Ord. No. 2021-8]
(11)
All fencing, including those required around or on all stormwater facilities or structures, retaining walls, property lines as required by approved plans, and around all trash disposal containers shall be completely installed prior to the first certificate of occupancy for a residential dwelling or unit, or prior to the first certificate of occupancy for a nonresidential building in the development.
[Added 3-4-2021 by Ord. No. 2021-8]
(12)
All retaining walls shall be completely constructed. For each retaining wall over 2 1/2 feet at its highest point, a certification from a licensed professional engineer regarding the soundness and stability of the wall construction is required.
[Added 3-4-2021 by Ord. No. 2021-8]
F.
Grading and clearing permit.
(1)
Before the erection of any structure, removal of any tree having a caliper greater than six inches or the alteration of the existing grade on a lot, a permit shall be obtained from the Building Inspector. Grading plans shall be approved by the Township Engineer before any changes in surface grades are begun or a grading and clearing permit is issued. All grades shall be subject to final check by the Township Engineer. If a building permit or special use permit is also required, there shall be no fee required for a grading and clearing permit. No permit shall be required for the removal by a homeowner of up to nine trees determined to be dead or diseased. If a building permit or special use permit is not required, a fee of $20 per acre or fraction thereof shall be charged for the issuance of a grading and clearing permit.
[Amended 8-17-1989 by Ord. No. 42-89; 12-15-1994 by Ord. No. 35-94]
(2)
If the area involved in the application for the permit equals two acres or more or if the application involves the removal of 10 trees or more, having a caliper greater than six inches, prior to the granting of said permit, the Planning Board shall determine that the grading and clearing and the removal of trees is essential to the development of the premises, pertains to a use that is permitted under the chapter and complies in all other respects to the chapter. Such a determination must precede the submittal of the permit for grading and clearing and for removal of trees. Any applicant who shall require such a determination by the Planning Board shall submit the preliminary map substantially in compliance with the requirements necessary in connection with a site plan application.
(3)
The permit fee pursuant to § 220-126F(2) shall be in the amount of $100 minimum for less than 1,000 square feet of land disturbance, and $100 per each additional 1,000 square feet disturbance. In addition to the permit fee, the application shall be subject to the escrow requirements of § 220-16.
[Added 8-17-1989 by Ord. No. 42-89; amended 2-17-2011 by Ord. No. 2011-1; 2-25-2016 by Ord. No. 2016-4; 12-18-2018 by Ord. No. 2018-22]
(a)
The retaining wall review/inspection fee shall be $100 per 50 linear feet or part of wall.
(4)
Tree removal in accordance with this section shall also comply with all municipal requirements for tree replacement.
[Added 8-17-1989 by Ord. No. 42-89]
§ 220-127 Records.
It shall be the duty of the Building Inspector to keep a record of all applications for zoning permits, a record of all permits issued and a record of all certificates of occupancy which he countersigns, together with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the officials of the Township of Marlboro. The Building Inspector shall prepare a monthly report for the Township Council summarizing for the period since the last report all zoning permits and certificates countersigned by him and all complaints of violations and the action taken by him consequent thereon. A copy of such report shall be filed with the Township Tax Assessor at the same time it is filed with the Township Council.
§ 220-128 Interpretation.
In the application and interpretation of this chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of public health, safety, convenience and general welfare of the Township of Marlboro. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.
§ 220-129 Conflicts with other laws; repealer.
All ordinances and all provisions thereof inconsistent with the provisions of this chapter are hereby repealed, except that any building permit, variance, special exception permit, occupancy permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance.
§ 220-130 Violations and penalties.
For each and every violation of the provisions of the zoning regulations of this chapter, the owner, contractor or other persons interested as lessee, tenant or otherwise in any building, premises or land where such violation has been committed or shall exist shall be subject to a fine of not more than $500 or imprisonment for a period not to exceed 90 days, or both, at the discretion of the court before whom a conviction may be had. Each and every day that such violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense. In addition, the Township, the Building Inspector or any property owner or owners shall have such other remedies as provided by law.
§ 220-131 Amendments.
All amendments to this chapter and to the Zoning Map which forms a part hereof shall be adopted in accordance with the provisions of New Jersey Statutes Annotated, Title 40, Chapter 55, as amended and supplemented.