Mendham City Zoning Code
ARTICLE XIII
Enforcement
§ 215-39 Authority and duties of Zoning Officer and Construction Official.
[Amended 8-19-1996 by Ord. No. 8-96]
This chapter shall be administered and enforced by the Zoning Officer and Construction Official, who shall in no case, except under a written order according to law, issue any permit for the placing, erection, construction, alteration or addition of any building, structure or sign, nor grant any certificate of occupancy in respect to any building, where the proposed placing, construction, alteration, addition or use thereof would be in violation of any provision of this chapter.
§ 215-40 Building permit.
[Amended 5-16-1988 by Ord. No. 5-88; 8-19-1996 by Ord. No. 8-96]
A.
Before commencing to place, erect, construct, alter or add to any building, structure or sign, the owner or lessee of the premises involved or the agent of either of them shall file with the Construction Official an application for a building permit. The application shall be in quintuplicate and shall give all pertinent information, either by means of plans or otherwise, that is necessary for the Construction Official and, when appropriate, the Zoning Officer, to determine whether the proposed placement, erection, construction, alteration or addition will be in conformity with the provisions of this chapter.
B.
If the building and use applied for are in conformance with this chapter, the Construction Official shall issue a building permit, returning with it one copy of the application. Such permit or refusal shall be made by the Construction Official within 20 business days after the filing of the application.[1] Where the Construction Official issues a building permit involving the installation of a solar panel system, he/she shall notify the Fire Chief in writing of such issuance and provide the Fire Chief with a copy of the permit. In the event that the application is for a structure not regulated by the Uniform Construction Code, or in any case where a question of compliance with this chapter exists, the Construction Official shall refer it to the Zoning Officer, who shall then issue a permit or refusal within 10 days.
[Amended 11-18-2013 by Ord. No. 11-13]
[1]
Editor's Note: See the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1 et seq.
C.
The permit shall lapse if excavation or construction is not started within one year after the date of its issuance.
D.
In case the Construction Official or Zoning Officer shall decline to issue a permit, his or her reason for doing so shall be stated on one copy of the application and that copy returned to the applicant.
E.
Prior to the issuance of a permit for any project for which site plan approval is required, the application shall be referred to the Planning Board for processing in accordance with Chapter 195, Subdivision of Land and Site Plan Review.
F.
No building permit shall issue as to any lot upon which real property taxes or assessments are delinquent until such time as all delinquent taxes and assessments are paid in full. The Construction Official and Tax Collector shall establish procedures for the enforcement of this provision.
§ 215-41 Certificate of occupancy.
A.
It shall be unlawful to use or permit the use of any building or part thereof hereafter moved, erected, changed, converted, altered or enlarged, wholly or in part, until a certificate of occupancy shall have been applied for and issued by the Construction Official. An application for a certificate of occupancy shall be made, in triplicate, upon forms provided by the Construction Official. In case the Construction Official shall decline to issue a certificate of occupancy, his or her reasons for so doing shall be stated on one copy of the application and that copy returned to the applicant.
[Amended 8-19-1996 by Ord. No. 8-96]
B.
The application for a certificate of occupancy shall be made by the owner of the premises affected or by his or her authorized agent, and the certificate shall be issued to the owner who shall be held primarily responsible for any violation of this chapter on the premises.
C.
No certificate of occupancy shall be issued by the Construction Official unless all ordinances of the Borough and the Board of Health have been complied with. The Construction Official shall issue no certificate of occupancy for any building upon a plot which forms part of a major subdivision until the Borough Engineer has certified to the Borough Council that all conditions of approval of the subdivision as made by the Planning Board have been complied with and all improvements completed which affect the particular plot.
[Amended 8-19-1996 by Ord. No. 8-96]
D.
No certificate of occupancy shall issue as to any lot upon which real property taxes or assessments are delinquent until such time as all delinquent taxes and assessments are paid in full. The Construction Official and the Tax Collector shall establish procedures for the enforcement of this provision.
[Added 5-16-1988 by Ord. No. 5-88]
§ 215-42 Certificate of occupancy not required for existing structures.
[Amended 8-19-1996 by Ord. No. 8-96]
No certificate of occupancy shall be required with respect to any building existing at the time of enactment of this chapter except in a case where the character of use or occupancy is changed. In cases where an original certificate has been issued respecting any building and the full fee paid therefor and there is later a change in the character of use or occupancy of the building, the Construction Official shall require the payment of a fee as set forth in Chapter 102, Fees, for a new certificate to be issued for the change.
§ 215-43 Temporary certificate of occupancy.
[Amended 8-19-1996 by Ord. No. 8-96]
A temporary certificate of occupancy may be issued by the Construction Official, upon recommendation by the Borough Engineer, where by reason of adverse weather conditions certain site improvements cannot be completed, provided that:
A.
A cash performance guaranty is posted with the Borough Clerk, who shall keep said cash in a separate trust account.
B.
A properly executed agreement is submitted by the applicant providing for completion of all improvements within 120 days of the date of the approval of said agreement by the Borough Attorney. Said agreement shall provide that, in the event of the failure of the applicant to complete the improvements, which shall include any and all improvements required by the Planning Board, Chapter 195, Subdivision of Land and Site Plan Review, or other Borough ordinances, within 120 days, the Borough, at its option, without further notice, may complete said improvements and deduct the cost thereof from the cash performance guaranty.
C.
The cost of the improvements to be completed does not exceed $3,000.
D.
The period of time for the temporary certificate of occupancy does not exceed 120 days unless extended for a period of up to no more than 60 days by the governing body of the Borough.
E.
In the case of a residential dwelling, the person or persons to reside in the premises in question have signed a duly sworn to statement that said person or persons have knowledge of fact that the temporary certificate of occupancy is for a one-hundred-twenty-day period only, and said person or persons can be required to quit premises if improvements are not completed within the one-hundred-twenty-day period or extension period allowed.
§ 215-44 Changes in use.
Any change in the type of character of the use of any premises, including a change from one permitted use to another kind of permitted use in the same zone, shall be treated and considered as a new use, and a new certificate of occupancy shall be required.
§ 215-45 Certain changes in permitted uses in Business Zone.
A.
A temporary certificate of occupancy may be issued by the Construction Official, upon recommendation by the Borough Engineer, for a change in the type or character of the use of any premises in the Business Zone when such change is from one of those permitted uses in the Business Zone listed in Subsection D hereof to another one of those permitted uses in the Business Zone listed in Subsection D hereof, and when such change neither involves nor requires the enlargement or exterior alteration of any building or structure on the premises.
[Amended 8-19-1996 by Ord. No. 8-96]
B.
A temporary certificate of occupancy issued hereunder shall be valid for a period of 90 days from the date of issuance; provided, however, that for good cause shown, the governing body of the Borough may extend the effective date thereof for a period not to exceed 60 days. No use or occupancy of the premises shall be permitted after the expiration of the temporary certificate unless or until a new certificate of occupancy for the new permitted use has been properly applied for and issued in accordance with the provisions of this chapter and all other pertinent Borough ordinances.
C.
Application for a temporary certificate of occupancy hereunder shall be made by the same person or persons and in the same manner as provided in § 215-41 hereof for applications for certificates of occupancy. In addition, an application for a temporary certificate shall be accompanied by an affidavit of both the owner and proposed new occupant of the premises in which each states that:
(1)
He or she has knowledge of the fact that, unless a new certificate of occupancy has been properly applied for and issued prior to the expiration of the temporary certificate of occupancy, he or she can be required to cease and desist from any use of and to quit the premises until a new certificate of occupancy has been issued.
(2)
He or she shall cease and desist from any use of and shall quit the premises upon expiration of the temporary certificate of occupancy and until issuance of a new certificate of occupancy in the event that such a new certificate has not been issued prior to said expiration date.