Medford Lakes City Zoning Code
ARTICLE IV
Administration and Fees
§ 145-13 Procedures; applications.
Administrative provisions dealing with this chapter and applications to the Borough of Medford Lakes are set forth in the ordinances of the Borough.
§ 145-14 Appointment of Construction Official and Zoning Officer.
The Borough Manager shall appoint officers whose titles shall be Zoning Officer and Construction Official of the Borough of Medford Lakes, to administer and enforce the provisions of this chapter. They shall be appointed to serve at the pleasure of Borough Council at the next succeeding Council meeting following the date of their appointment. They shall receive such compensation for their services as shall be fixed by ordinance. The same individual may be appointed as both Zoning Officer and Construction Official.
§ 145-15 New uses and change of use.
A.
No structure shall be erected, altered, converted or enlarged, or any development commenced, until a building permit is obtained from the Construction Official and no structure or lot shall be used in violation of this chapter. It shall be the duty of the Zoning Officer to issue permits for accessory uses. It shall be the duty of the Construction Official/Zoning Officer to keep a record of all applications and all permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the Borough public records. A monthly report of permits issued shall be filed with the Tax Assessor. Both the Construction Official and Zoning Officer shall render an account at the end of each month for fees collected and turn same over to the Borough Treasurer. It shall be the duty of the Zoning Officer to inspect the structures and land in the Borough and order the owner in writing to remedy any condition found to exist in violation of any provision(s) of this chapter.
B.
A change of use within the Borough of Medford Lakes will void the previously issued certificate of occupancy and require the issuance of a new certificate of occupancy. The Construction Official/Zoning Officer may require a submission for new site plan review, even though no construction is planned with the conversion of the use, if he finds that increased traffic will result, that off-street parking facilities should be expanded or that buffering and/or screening may be necessary.
§ 145-16 Expiration of variance.
Any variance hereinafter granted by the Planning Board pertaining to the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire in one year from the date of adoption of the resolution of approval unless the property owner shall have secured a construction permit and has commenced construction in conformity with the variance approval, including any conditions attached to the approval. For variances which become the subject of litigation, the one-year period shall commence on the date of the last reviewing court's decision to grant or affirm the variance. For good cause shown, and after a hearing before the Planning Board on notice in the manner required for original variance applications, the Planning Board may extend the variance by written resolution. Any extension may not exceed one year in duration and no more than two extensions shall be permitted. An application for extension of a variance shall be made prior to the expiration of the time limit sought to be extended. Any variance granted with a site plan, subdivision or conditional use approval shall expire within the time limits as established by the Municipal Land Use Law for site plans, subdivisions and/or conditional use approvals.
§ 145-17 Fees and escrows.
[Amended 9-12-2024 by Ord. No. 716]
Fees applicable under this section are established by and governed under § 112-5 governing "Schedule of fees."
§ 145-18 Permits and procedure.
Every application for a permit shall be accompanied by 10 sets of plans showing the actual shape and dimensions of the lot to be built on, the exact location, size and height of all existing and proposed structure(s), the existing or intended use of each structure, the number and location of off-street parking spaces, any information filed with the County Board of Health, and such other information regarding the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. In addition every application shall be accompanied by evidence that an application has been filed with the Pinelands Commission. A permit shall be granted or denied within 10 days from the date 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 shall have been approved or denied by the Construction Official/Zoning Officer together with such permit as may be granted. All dimensions shown 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 professional engineer or land surveyor in the State of New Jersey. The lot and the location of the structure(s) thereon shall be staked out on the ground before construction is started. No permit shall be issued for any new dwelling unit unless the subdivision is duly approved by the Planning Board in accordance with the provisions Part III, Subdivision of Land, of this chapter.
§ 145-19 Certificate of use and occupancy.
[Amended 9-12-2024 by Ord. No. 716]
A.
It shall be unlawful to use or permit the use of any structure or part thereof, or to commence any development, either proposed to be occupied by a new use or hereafter erected, altered, converted or enlarged, wholly or in part, until a certificate of use and occupancy shall have been issued by the Construction Official. It shall be the duty of the Construction Official to issue a certificate of use and occupancy only when he is satisfied that the structure or part thereof and the proposed new use or development conform to this chapter and all other applicable codes and ordinances of the Borough.
B.
A certificate of occupancy shall be granted or denied in writing within 10 days from the date that a written notification is filed with the Construction Official that the work on the structure is completed, unless additional time is agreed upon by the applicant in writing. Fees applicable under this section are established by and governed under § 112-5 governing "Schedule of fees."
C.
Should the Construction Official decline to issue a certificate of occupancy, his reasons for doing so shall be stated on two copies of the application, and one copy shall be returned to the applicant.
§ 145-20 Certificate of conformity.
[Amended 9-12-2024 by Ord. No. 716]
A.
It shall be unlawful to use or permit the accessory use of any structure or part thereof, either proposed to be occupied by a new use or hereafter erected, altered, converted or enlarged, wholly or in part, until a certificate of conformity shall have been issued by the Construction Official. It shall be the duty of the Construction Official to issue a certificate of conformity only when he is satisfied that the structure or part thereof and the proposed use conform to this chapter and all other applicable codes and ordinances of the Borough.
B.
A certificate of conformity shall be granted or denied in writing within 10 days from the date that a written notification is filed with the Zoning Officer that the erection of the structure is completed, unless additional time is agreed upon by the applicant in writing. Fees applicable under this section are established by and governed under § 112-5 governing "Schedule of fees."
C.
Should the Zoning Officer decline to issue a certificate of conformity, his reasons for doing so shall be so stated on two copies of the application, and one copy shall be returned to the applicant.
§ 145-21 Revocation.
Upon notice being served of any condition found to exist in violation of any provision(s) of this chapter with respect to any land use, the certificate of use and occupancy/conformity for such use shall thereupon, without further notice, be null and void, and a new certificate of use and occupancy/conformity shall be required for any further use of such structure or land.
§ 145-22 Other required permits not affected.
The zoning permit and certificate of use and occupancy required by this chapter are in addition to, and not in lieu of, any and all other permits and certificates that are or may be required by law or by any governmental agency or by virtue of any other ordinance or ordinances of the Borough of Medford Lakes or otherwise.
§ 145-23 Submission, review and approval of development by Pinelands Commission.
A.
Development approval required. No person shall carry out any development within the Borough without obtaining approval from an approval agency and without obtaining development approval in accordance with the procedures set forth in this section.
B.
Applicability of procedures. Except as provided in Subsection C below, the following shall not be subject to the procedures set forth in this section. No submission of any documentation whatsoever shall be required to the Pinelands Commission for these activities; however, Borough requirements shall be met whether or not submission of any application is required to the Pinelands Commission.
(1)
The improvement, expansion, or reconstruction within five years of destruction or demolition of any single-family dwelling unit or appurtenance thereto;
(2)
The improvement, expansion, construction, or reconstruction of any structure accessory to a single-family dwelling;
(3)
The improvement, expansion, construction, or reconstruction of any structure used exclusively for agricultural or horticultural purposes;
(4)
The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;
(5)
The repair of existing utility distribution lines;
(6)
The clearing of less than 1,500 square feet of land;
(7)
The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure, provided that:
[Amended 12-13-2018 by Ord. No. 657]
(a)
If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and
(b)
If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet.
(8)
The demolition of any structure that is less than 50 years old;
(9)
The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits;
(10)
The repair or replacement of any existing on-site wastewater disposal system;
(11)
The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur.
[Amended 12-13-2018 by Ord. No. 657]
(12)
The clearing of land solely for agricultural or horticultural purposes.
[Amended 12-13-2018 by Ord. No. 657]
(13)
Fences, provided no more than 1,500 square feet of land is to be cleared;
(14)
Aboveground telephone equipment cabinets;
(15)
Tree pruning;
(16)
The following forestry activities:
(a)
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;
(c)
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity, and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
(d)
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.
(17)
Prescribed burning and the clearing and maintaining of fire breaks;
(18)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 145-65; or
(19)
Certificates of use/occupancy and conformities pursuant to valid building permits and permits for accessory uses.
(20)
The installation of an accessory solar energy facility on any existing structure or impervious surface.
[Added 12-13-2018 by Ord. No. 657]
(21)
The installation of a local communications facility antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.
[Added 12-13-2018 by Ord. No. 657]
(22)
The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.
[Added 12-13-2018 by Ord. No. 657]
(23)
The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.
[Added 12-13-2018 by Ord. No. 657]
C.
The exceptions contained in subsection B above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
D.
Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.
§ 145-24 Pinelands Commission application requirements for minor development.
Any application for approval of minor development as defined by the Pinelands Commission shall include at least the following information:
A.
The applicant's name and address and his interest in the subject property;
B.
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
C.
The legal description, including block and lot designation and street address, if any, of the subject property;
D.
A description of all existing uses of the subject property;
E.
A brief written statement generally describing the proposed development;
F.
A United States Geological Survey Quadrangle Map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property, the Pinelands management area designation and the zoning designation are shown;
G.
A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, existing or proposed facilities to provide water for the use and consumption of occupants of all buildings, and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:
(1)
On-site treatment facilities: location, size, type and capacity of any proposed on-site water treatment facilities; and
(2)
Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto shall be submitted at a suitable location with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 145-53.
H.
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads;
I.
A soils map including a county soils survey which conforms to the guidelines of the United States Department of Agriculture, Soil Conservation Service, showing the location of all proposed development;
J.
A map showing existing vegetation identifying predominant vegetation types in the area, and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development;
K.
A certificate of filing from the Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board of the Commission pursuant to the Interim Rules and Regulations; and
§ 145-25 Other application requirements; certificate of filing.
All applications for major development, other than forestry and resource extraction operations, shall be accompanied by the information required in N.J.A.C. 7:50-4.2(b)(5), as well as the following:
A.
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and
§ 145-26 Notices to Pinelands Commission.
[Amended 12-13-2018 by Ord. No. 657]
A.
Application submission and modifications. Written notification shall be given by the Borough, by e-mail or regular mail, to the Pinelands Commission within seven days after a determination is made by the Borough that an application for development in the Pinelands Area is complete or if a determination is made by the Borough approval agency that the application has been modified. Said notice shall contain:
(1)
The name and address of the applicant;
(2)
The legal description and street address, if any, of the parcel that the applicant proposes to develop;
(3)
A brief description of the proposed development, including uses and intensity of uses proposed;
(4)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(5)
The date on which the application, or any change thereto, was filed and any application number or other identifying number assigned to the application by the approval agency;
(6)
The approval agency with which the application or change thereto was filed;
(7)
The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports; and
(8)
The nature of the municipal approval or approvals being sought.
B.
Meetings and hearings. Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant shall provide notice to the Pinelands Commission by e-mail, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:
(1)
The name and address of the applicant;
(2)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(3)
The date, time and location of the meeting, hearing or other formal proceeding;
(4)
The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding;
(5)
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission; and
(6)
The purpose for which the meeting, hearing or other formal proceeding is to be held.
C.
Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction of any approval agency or an appeal of any agency's decision. The applicant shall, within five days of the approval or denial, give notice by e-mail or regular mail to the Pinelands Commission. Such notice shall contain the following information:
(1)
The name and address of the applicant;
(2)
The legal description and street address, if any, of the parcel that the applicant proposes to develop;
(3)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(4)
The date on which the approval or denial was issued by the approval agency;
(5)
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission;
(6)
Any revisions to the application not previously submitted to the Commission; and
(7)
A copy of the resolution, permit or other documentation of the approval or denial. If the application was approved, a copy of any preliminary or final plan, plot or similar document that was approved shall also be submitted.
§ 145-27 Review by Pinelands Commission.
A.
Upon receipt by the Pinelands Commission of a notice of approval pursuant to § 145-26C, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the Borough shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
B.
Until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Commission under the Interim Rules and Regulations shall serve as the basis for Commission review of the local approval under this section.
C.
Although the Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Commission.
§ 145-28 Condition on prior approvals by the Borough.
Where a prior approval has been granted by the Borough, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied.
§ 145-29 Effect of Pinelands Commission's decision on Borough's approval.
If the Pinelands Commission disapproves an application for development previously approved by an approval agency, such approval shall be revoked by the approval agency within 30 days and the agency shall thereafter deny the application. If the Commission approves the decision of an approval agency subject to conditions, the approval agency which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission and, if final approval of the application is required, shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.
§ 145-30 Participation of Pinelands Commission in public hearings.
The Pinelands Commission may participate in a hearing held in the Borough involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.
§ 145-31 Public development.
All development proposed by the Borough or any agency thereof shall comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in Article VI of this chapter.
§ 145-32 Construction schedule.
A construction schedule shall be provided by the owner to the Borough Construction Official prior to start of construction. Any partial construction which is determined by the Construction Official to be unsafe and/or not progressing sufficiently toward completion for a period of one year from the start of construction in accordance with the construction schedule shall be demolished and removed in accordance with demolition requirements.