Medford City Zoning Code
SECTION 1000
Administration, Waivers, Enforcement, Violations and Penalties
§ 1000.1 Zoning Permit.
[Added 3-10-2009 by Ord. No. 2009-4]
A.
Purpose. The basic purpose of a zoning permit is to assure that the proposed use, construction or alteration will be in accordance with the provisions of the municipal ordinances. The zoning permit considers the location and use of the building based on the requirements of the Land Development Ordinance and certifies that such location and use is:
B.
After the filing of a complete application for a zoning permit, the Zoning Officer shall determine whether the proposed use is permitted or not and whether a development application is required to be submitted to the Planning Board or Zoning Board of Adjustment.
C.
A zoning permit application for a use not specifically listed as permitted in a particular zone district shall be denied unless a use variance has been granted by the Zoning Board. The Zoning Officer shall specify in writing what sections of the ordinance are involved and what approvals and/or variances would be required before a zoning permit could be issued.
D.
Permit Required. The issuance of a zoning permit shall be required prior to the commencement of:
1.
Any use, change of use or extension of a nonconforming use of lands and premises;
2.
The construction, reconstruction, alteration, or installation of a structure or building, or any part thereof;
3.
The removal or destruction of any building or structure;
4.
Any and all changes to structures and properties in the Historic Village District; or
5.
ADA-compliant accessibility improvements (see zoning permit exemptions).
E.
Permit Not Required. A zoning permit shall not be required for internal or external repairs or replacement of exterior features, including:
1.
Siding installation, replacement, or repair;
2.
Roofing replacement or repair;
3.
Window replacement or repair;
4.
Door replacement or repair;
5.
Step replacement or repair;
6.
Septic system repair;
7.
Service upgrades, replacement or repair of meter sockets, and panels; or
8.
Internal renovation where the building use remains unchanged, not including new offices and apartments, in-law suites, finished basements, and similar uses.
F.
Exemptions for ADA Accessibility.
1.
No zoning permit fee shall be required for the construction, reconstruction, alteration, improvement or repair of a structure used for the sole purpose of promoting accessibility by the disabled as defined under N.J.S.A. 52:27D-126e.
2.
Upon application for and at the discretion of the Zoning Officer, the construction, reconstruction, alteration, improvement and/or repair or installation of ramps, lifts, etc., associated with the accessibility of disabled persons may be permitted to infringe upon setback requirements as allowed in § 604.E.1.
G.
Prior Approval for Construction Permit. The issuance of a zoning permit shall be required prior to the issuance of a construction permit by the Construction Code Official for the construction, alteration, remodeling, removal or destruction of any building, structure or portion thereof.
H.
Relationship to Construction Permits. Nothing herein shall be construed to obviate the requirement for applying for and obtaining any required construction permit.
I.
Application for Zoning Permit.
1.
Applications for a zoning permit shall be on the forms provided by the Township and submitted to the Zoning Officer together with the required fee (§ 900).
2.
Applications shall contain a statement by the applicant of all existing and proposed uses of the lot and premises and such other information as may be requested by the Zoning Officer reasonably necessary for said official to ascertain whether the proposed use, change of use, construction or alteration complies with the provisions of this ordinance.
3.
The applicant shall certify as to the truth of the information submitted in the application and accompanying documents. Any willful misstatements shall be considered a violation of this provision and subject the offender to the penalties provided herein (§ 1004).
4.
Applications shall be submitted to the Zoning Officer in triplicate. Upon receipt, the Zoning Officer shall date each copy and provide two copies to the applicant, one of which the applicant shall provide to the Construction Official.
5.
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.
J.
Issuance of a Zoning Permit.
1.
If any application is granted or approved, a written permit shall be issued by the Zoning Officer. The zoning permit may contain applicable information, such as but not limited to the following:
a.
Application number.
b.
Permit number.
c.
Issue date.
d.
Zoning Officer signature.
e.
Block and lot number.
f.
Zone (and applicable ordinance sections).
g.
Work site address.
h.
Owner name, address and contact details.
i.
A brief description of the use and/or work to be commenced or performed.
j.
Notice of the date of expiration of the permit.
2.
If an application for permit is rejected or denied by the Zoning Officer, the Zoning Officer shall state the reason(s) for such denial in writing. Copies of the letter rejecting or denying the application shall be provided to the applicant and appropriate municipal supervisor.
3.
No zoning permit shall be issued in instances wherein a subdivision or site plan approval is required unless and until the applicant has secured a minor, final subdivision or site plan approval and has complied with all the terms and conditions of such approval and terms and provisions of the applicable development regulation, including payment of required fees, escrow deposits and posting of performance guarantees.
4.
No zoning permit shall be issued for any use, change of use, extension of nonconforming use, erection, repair, remodeling, conversion, removal, destruction, replacement, relocation, construction, alteration or moving of a building or structure for which an approval has been granted by an approving authority if said approval has expired, been revoked or was determined to be invalid.
5.
No zoning permit shall be issued unless the applicant has obtained and submitted a certification from the Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made. However, a zoning permit may issue for a tenant change-in-use as a one-time exemption. Such exemption may only be granted to the landlord/property owner on a one-time basis.
[Added 4-3-2012 by Ord. No. 2012-3; amended 6-16-2015 by Ord. No. 2015-11]
K.
Expiration of Zoning Permit. Any zoning permit shall be null and void unless use or work authorized by such permit has been commenced within one year from the date of issuance and proceeded with due diligence. The zoning permit shall also expire upon expiration of any variance for said use.
L.
Nonwaiver. In no case shall the issuance or nonissuance of a zoning permit be construed as a waiver of the provision of this ordinance or any other municipal ordinance; nor shall such be construed as a waiver of the terms or provisions of any state statute, rule, regulation, approval or decision of any approving agency.
§ 1001 Administration.
[Ord. No. 1992-1 § 2]
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 of Medford. Any action taken by the Township under the terms of this Land Development Ordinance shall give primary consideration to the above mentioned matters and to the welfare of the entire municipality.
§ 1002 Enforcement.
[Ord. No. 1992-1 § 2]
It shall be the duty of the Township Engineer, the Township Construction Official and the Township Zoning Officer to administer and enforce the provisions of this ordinance.
A.
Township Engineer.
1.
It shall be the duty of the Township Engineer to monitor all land disturbances and all land improvements undertaken in the Township pursuant to approval of a subdivision and/or site plan in accordance with the applicable provisions of this ordinance.
2.
Prior to the commencement of any land disturbance or any land improvement, the developer shall arrange for and attend a pre-construction meeting with the Township Engineer. At said meeting, the subject subdivision plat and/or site plan shall be identified, marked and dated by the Township Engineer with an acknowledgement as to its conformity to the subdivision and/or site plan approved by the Planning Board or Zoning Board of Adjustment, as the case may be, including any conditions of approval written in the approval resolution. Thereafter, the marked and dated subdivision and/or site plan shall be filed in the office of the Township Clerk.
3.
The Township Engineer shall issue a written communication to the developer within 10 days after the pre-construction meeting, either:
a.
Authorizing the commencement of land disturbance and/or land improvement in accordance with the approved plat or plan, including any conditions of approval written in the approval resolution, and in accordance with any and all limitations and/or conditions as deemed appropriate by the Township Engineer specifically enumerated; or
b.
Denying the commencement of land disturbance and/or land improvement, with the reasons for such denial specifically enumerated.
A copy of the written communication shall be immediately filed in the office of the Township Clerk, and additional copies shall be immediately forwarded to the Chairman of the Planning Board or to the Chairman of the Zoning Board of Adjustment, as the case may be, and to the Board's Attorney. |
4.
In accordance with § 902.F of this Land Development Ordinance, all improvements for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Township Engineer. At the time of inspection, in addition to an evaluation and determination of the sufficiency of the engineering aspects of the improvements, the Township Engineer shall evaluate and determine the correctness of the improvements relative to all aspects of the approved subdivision and/or site plan. Should any improvement, whether completed or under construction, be found by the Township Engineer to be contrary to the subdivision and/or site plan as approved by the Planning Board or Zoning Board of Adjustment, including any imposed conditions, such fact shall immediately be orally communicated to the developer or his/her appropriate representative on-site and, thereafter, shall be communicated by the Township Engineer in writing to the developer or his/her attorney.
A copy of the written communication shall be immediately filed in the office of the Township Clerk, and additional copies shall be immediately forwarded to the Chairman of the Planning Board or to the Chairman of the Zoning Board of Adjustment, as the case may be, and to the Board's Attorney.
5.
On the day following the oral communication to the developer or his/her representative, the improvement found by the Township Engineer to be contrary to the subdivision and/or site plan shall be corrected so as to conform to the approved subdivision and/or site plan, or the Township Engineer shall:
a.
Issue a 'stop work' order pending the correction of said improvement or the resolution of any dispute; and/or
b.
Refer the matter via a written communication to the Planning Board or Zoning Board of Adjustment, as the case may be, for its review of the matter and reconsideration of its prior approval(s).
6.
The developer immediately shall comply with any issued 'stop work' order and/or any other conditions imposed by the Township Engineer; otherwise the Township Engineer shall communicate in writing within two working days the particulars of the developer's non-compliance to the Attorney of the Planning Board or to the Attorney of the Zoning Board of Adjustment, as the case may be.
B.
Construction Official.
1.
It shall be the duty of the Construction Official to monitor the construction of any building or structure in the Township. No new structure and no improvement to the interior of any existing structure shall be undertaken until a construction permit is obtained from the Construction Official in accordance with N.J.A.C. 5:23-2.14 and § 1002.D of this ordinance.
2.
It shall be the duty of the Construction Official in accordance with N.J.A.C. 5:23-4.5 to keep a record of all applications and all construction permits which are either issued or denied, with notations of any conditions involved, including the actual elevation (NGVD) of the lowest floor area of any structure and/or the elevation to which a structure has been flood-proofed in floodplain areas, which data shall form a part of the Township public records. A monthly report of construction permits shall be filed with the Township Manager and continuous reports of construction permits shall be filed with the Tax Assessor.
3.
Should any construction, whether completed or in process, be found by the Construction Official to be contrary to the approved construction plans and/or the Uniform Construction Code of the State of New Jersey, such fact shall immediately be noticed to the landowner or his/her appropriate representative on-site. The Construction Official shall issue in writing to the landowner or his/her attorney a notice of violation and orders to terminate, directing the discontinuance of the illegal action or condition and the correction of the violation pursuant to N.J.A.C. 5:23-2.30.
4.
The construction improvement found by the Construction Officer to be contrary to the approved construction plans and/or the Uniform Construction Code shall be corrected so as to conform to the applicable construction requirements, or the Construction Official shall, pursuant to N.J.A.C. 5:23-2.31:
5.
The landowner immediately shall comply with any issued 'stop construction' order and/or any other conditions imposed by the Construction Official; otherwise the Construction Official may communicate in writing the particulars of the landowner's non-compliance to the Township Attorney pursuant to N.J.A.C. 5:23-2.31.
C.
Zoning Officer.
1.
It shall be the duty of the Zoning Officer to inspect the uses, land and structures in the Township and order the owner in writing to remedy any condition found to exist in violation of any provision of this ordinance and/or any approved subdivision and/or site plan by the Planning Board or Zoning Board of Adjustment, as the case may be, including any conditions of approval written in the approval resolution; no structure or land shall be used in violation of this ordinance and/or any approved subdivision and/or site plan.
2.
Should any use, land or structure be found by the Zoning Officer to exist in violation of any provision of this ordinance and/or any approved subdivision and/or site plan, such fact shall immediately be orally communicated to the landowner or his/her appropriate representative on-site and, thereafter, shall be communicated by the Zoning Officer in writing to the landowner or his/her attorney.
A copy of the written communication shall be immediately filed in the office of the Township Clerk, and additional copies shall be immediately forwarded to the Township Attorney and to the Chairman of the Planning Board or to the Chairman of the Zoning Board of Adjustment, as the case may be, and to the Board's Attorney.
3.
On the day following the oral communication to the landowner or his/her representative, the use, land or structure found by the Zoning Officer to exist in violation of any provision of this ordinance and/or any approved subdivision and/or site plan, shall be corrected so as to conform to this ordinance and any subdivision and/or site plan approval, or the Construction Official, at the Zoning Officer's request, may revoke the Certificate of Occupancy and, in any case, shall notify the Township Attorney and the Township Engineer of the violation via a written communication.
D.
Construction Permits.
1.
Every application for a construction permit shall be accompanied by two 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; a delineation and description of any proposed extension(s) of public utilities; 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 Land Development Ordinance. Additionally, all requirements for construction permits contained in the Uniform Construction Code (N.J.A.C. 5:23-2.15) shall be met. All dimensions on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey of the lot by a licensed surveyor in the State of New Jersey.
2.
The fee for each construction permit shall be governed by the terms of the ordinance entitled "An Ordinance of the Township of Medford in the County of Burlington establishing a State Uniform Construction Code Enforcing Agency and A Construction Fee Schedule, pursuant to Chapter 217, Laws of New Jersey 1975 and Title 5, Chapter 23 of the New Jersey Administrative Code," including any amendments or supplements which may from time to time be adopted.
3.
A construction permit shall be granted or denied in writing within 20 working days of a complete application unless additional time is agreed upon in writing by the applicant. One copy of such plans 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. Additionally, all other requirements for construction permit procedures set forth in the Uniform Construction Code at N.J.A.C. 5:23-2.16 shall be met.
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 Federal, State, County, or municipal agency or agencies in accordance with the provisions of this ordinance and until all review and inspection fees and all local taxes and assessments on the property have been paid.
Additionally, any proposed extension(s) of public utilities shall be reviewed and approved by the Township Engineer prior to the issuance of a construction permit, and a written communication of the results of such reviews and a statement of approval or denial shall be provided by the Township Engineer to the Construction Official; the application for the construction permit shall be accompanied by an additional fee of $500 for such a review when applicable.
E.
Certificate of Occupancy.
1.
It shall be unlawful to use or permit the use of any structure or part(s) thereof until a Certificate of Occupancy shall have been issued by the Construction Official pursuant to N.J.A.C. 5:23-2.33. Any change of use from one category of permitted use to another category of permitted use shall require a new Certificate of Occupancy.
Additionally, any use requiring site plan approval shall require a new Certificate of Occupancy. It shall be the duty of the Construction Official to issue a Certificate of Occupancy only when:
a.
The structure or part(s) thereof and the proposed use conform to this ordinance 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 ordinance;
c.
All local taxes and assessments on the property have been paid; and
d.
A letter from each utility company has been received by the Township stating that the utility has been installed and has been inspected in accordance with the approved plan and is ready for use.
3.
Unless additional time is agreed upon by the applicant in writing, a Certificate of Occupancy shall be granted or denied in writing within 10 working days from the date that a written notification and a certified location or field survey, signed and sealed by a New Jersey State Licensed Surveyor, is filed with the Construction Official stipulating that the erection of the structure and all required site improvements are completed pursuant to N.J.A.C. 5:23-2.23 and 2.24.
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 written confirmation by the Township Engineer to the Construction Official of 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 sewerage treatment facilities, which shall be functioning and servicing the property in question.
d.
Storm drainage facilities.
e.
Final grading of the property.
f.
Base course (in the case of subdivisions) or final course (in the case of site plans) of the street or streets serving the property.
g.
Base course (in the case of subdivisions) or final course (in the case of site plans) of driveways and parking areas.
h.
Landscaping.
i.
Any other improvements required as part of subdivision and/or site plan approval.
5.
With respect to any individual residential lot within a subdivision or any building containing townhouses or apartments, a Certificate of Occupancy shall be issued only upon the written confirmation by the Township Engineer to the Construction Official of the completion of the following improvements, in addition to those listed in subsection 1002E.4 hereinabove, to the extent the same are required as part of a subdivision and/or site plan 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. Additionally, a copy of an issued Certificate of Occupancy shall be provided by the Construction Official to the Assistant Secretary of the Planning Board or to the Assistant Secretary of the Zoning Board of Adjustment, as the case may be, for placement in the applicable site plan or subdivision application file.
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 any new structure or use for which site plan and/or subdivision 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 concurrent written approval of the Township Engineer, Construction Official and Zoning Officer who, together, shall establish specific terms and conditions, including, but not limited to, a timetable not exceeding 90 days for the installation of the incompleted site improvements, and the receipt of a performance guarantee assuring the installation of the improvements as indicated on the approved plat or plan, whether or not said improvements were included within a performance bond in accordance with § 902 of this ordinance. Any Temporary Certificate of Occupancy beyond a ninety-day time period may only be granted by the Planning Board or Zoning Board of Adjustment, as the case may be.
A Temporary Certificate of Occupancy may be issued by the Construction Official for any building or structure not part of a site plan or subdivision application pursuant to N.J.A.C. 5:23-2.23(e).
9.
A monthly report of the Certificates of Occupancy issued shall be filed with the Tax Assessor. A record of all Certificates of Occupancy pursuant to N.J.A.C. 5:23-4.5 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 except that there shall be no charge to a municipal agency.
10.
The following shall be prohibited until a Certificate of Occupancy is issued by the Construction Official:
a.
Occupancy and use of a structure erected, constructed, restored, altered or moved, when such erection, construction, restoration, alteration or movement required a construction permit.
b.
Occupancy, use or change in use of vacant land, other than for agricultural purposes.
c.
Any change of use from one category of permitted use to another category of permitted use, in accordance with the applicable listings of permitted uses in this ordinance.
d.
Any change in the use of a nonconforming use or nonconforming structure.
§ 1003 Subdivision Approval Certificates.
[Ord. No. 1992-1 § 2]
A prospective purchaser, prospective mortgagee or any other person interested in any land in the Township which has been part of a subdivision since 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.
A.
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 in accordance with § 901 of this ordinance shall be paid to the Administrative Officer, on behalf of the Township, for the requested certificate.
B.
The Administrative Officer shall make and issue such certificate within 15 days after receipt of the written application and accompanying fee. The Administrative Officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee received, in a binder as a permanent record in his or her office.
C.
Each certificate shall be designated a "Certificate as to Approval of Subdivision of Land" and shall certify:
1.
Whether there exists a duly established Planning Board and whether there is a duly adopted ordinance controlling the subdivision of land;
2.
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, any conditions attached to such approval and any extensions and terms thereof showing that the subdivision, of which the subject lands are a part, is a validly existing subdivision; and
3.
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirements of approval as provided in N.J.S.A.40:55D-1 et seq. and as defined in this ordinance.
§ 1004 Penalties.
[Ord. No. 1992-1 § 2]
A.
Fines.
1.
Any violation of any provision of this ordinance shall be punished by a fine not to exceed $1,000 for the first offense and/or imprisonment for a term not exceeding 30 days, and a fine of $1,000 for each subsequent offense imprisonment for a term not exceeding 60 days.
[Amended 3-10-2009 by Ord. No. 2009-4]
2.
Each day that a violation continues shall constitute a separate offense.
3.
The imposition of penalties herein shall not preclude the Township or any other person from instituting an action to prevent an unlawful construction, reconstruction, alteration, repair, conversion, or use or to restrain, correct or abate a violation, or to prevent the illegal occupancy of a building, land or premises.
B.
Injunctive Relief. In addition to the foregoing, the Township may institute and maintain a civil action for injunctive relief.
§ 1005 Selling Land Before Final Subdivision Approval.
[Ord. No. 1992-1 § 2]
A.
If before final subdivision 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 in accordance with the provisions of this ordinance, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.