Montgomery City Zoning Code
§ 16-10.3
Enforcement.
[Ord. #85-482, S 1003; Ord. #88-584, S VI A-C; Ord. #03-1119, SS 14, 15; Ord. #08-1290 SS 2,3; amended 12-19-2024 by Ord. No. 24-1746]
a.
Township Engineer, the Construction Official and the Zoning Officer. 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 chapter. For the purposes of inspection, the Township Engineer, the Township Construction Official and the Township Zoning Officer shall have the right to enter any building(s) or premise(s) during reasonable hours subject to due process of law.
1.
Township Engineer.
(a)
It shall be the duty of the Township Engineer to monitor all land disturbances, tree removal 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 chapter.
(b)
Prior to the commencement of any land disturbance, tree removal or any land improvement, the developer shall arrange for and attend a preconstruction 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 Community Development Office.
(c)
The Township Engineer shall issue a written communication to the developer within 10 days after the preconstruction meeting, either:
(1)
Authorizing the commencement of land disturbance, tree removal 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
(2)
Denying the commencement of land disturbance, tree removal 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 Community Development Office, 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.
(d)
In accordance with Subsection 16-9.2f of this chapter, 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.
(1)
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; and
(2)
A copy of the written communication shall be immediately filed in the office of the Township Administrator and Township Community Development Office, 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.
(e)
Within a reasonable time period as established by the Township Engineer in his written 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:
(1)
Issue a stop work order pending the correction of said improvement or the resolution of any dispute; and/or
(2)
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).
(f)
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 noncompliance to the Township Attorney.
2.
Construction Official.
(a)
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 Subsection 16-10.3b of this chapter.
(b)
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 flood plain areas, which data shall form a part of the Township public records. A monthly report of construction permits shall be filed with the Tax Assessor and the Township Committee.
(c)
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.
(1)
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.
(2)
A copy of the written communication shall be immediately filed in the office of the Township Administrator, and additional copies shall be immediately forwarded to the Mayor and to the Township Attorney.
(d)
The construction improvement found by the Construction Official to be contrary to the approved construction plans and/or the Uniform Construction Code shall be corrected within the time ordered by the Construction Official so as to conform to the applicable construction requirements, or the Construction Official shall, pursuant to N.J.A.C. 5:23-2.31:
(e)
The landowner immediately shall comply with any issued stop work 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 noncompliance to the Township Attorney pursuant to N.J.A.C. 5:23-2.31.
3.
Zoning Officer.
(a)
It shall be the duty of the Zoning Officer to:
(1)
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 chapter and/or any variance, 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; no structure or land shall be used in violation of this chapter and/or any approved variance, subdivision and/or site plan; and
(2)
Issue zoning permits, as may be required by provisions of this chapter, including, but not limited to, for the construction, erection, installation or enlargement of any building, accessory building, deck, pool/spa/hot tub, fence, or tower; for an increase in lot coverage by the construction, installation or enlargement of a patio, driveway, or any other paved or surfaced area/structure that is impervious, or semi-pervious, and exceeds 100 square feet in area; for the review of Change of Use, Change of Tenant (Commercial), or Tenant Fit-Out; and for the erection, re-erection, construction, placement, or location of a sign pursuant to Subsection 16-5.13c of this chapter.
(b)
Should any use, land or structure be found by the Zoning Officer to exist in violation of any provision of this chapter and/or any approved variance, 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, by certified or registered mail, to the landowner or his/her attorney.
(1)
The notice shall specify a reasonable time period, depending upon the nature of the violation, within which the owner must bring the subject use, land or structure into compliance with this chapter and/or any approved variance, subdivision and/or site plan.
(2)
The Zoning Officer also shall notify the Township Attorney and the Township Administrator of the violation via a written communication.
(c)
In the event that an owner of the use, land or structure, which was found by the Zoning Officer to exist in violation of any provision of this chapter and/or any approved variance, subdivision and/or site plan, fails to bring the use, land or structure into compliance with this chapter and/or any variance, subdivision and/or site plan approval within the time period ordered by the Zoning Officer, the Zoning Officer shall so inform the Township Administrator, the Township Attorney, and the Construction Official to determine the legal options available to facilitate remedial action in each individual case.
b.
Construction Permits.
1.
Construction permits shall be required as provided by the State Uniform Construction Code, its subcodes, and regulations promulgated pursuant thereto. Fees for construction permits shall be in accordance with the applicable ordinances of the Township.
2.
Every application for a construction permit shall be accompanied by a plot plan drawn in ink or a blueprint drawn at a scale of not greater than one inch equals 50 feet and prepared by a New Jersey licensed professional engineer, licensed land surveyor or licensed architect, including accurate lot lines certified by a New Jersey licensed professional land surveyor. A statement shall be included on each plot plan, where applicable, verifying that the plot plan for this lot is in compliance with the conditions of any variance, subdivision or site plan approved by the Planning Board or the Zoning Board of Adjustment, as the case may be, and with the final grading plan of said approved variance, subdivision or site plan. If the lot is an existing lot which is not subject to any conditions of a Board's approval, then a note stating so should be included on the plot plan. Each plot plan shall be prepared in sufficient detail to show the following information, unless it is specifically noted by the licensed professional preparing the plan that the information is not applicable to the subject property:
(a)
The zoning district name, requirements, and the proposed compliance with the requirements, including a building coverage and lot coverage calculation.
(b)
The exact location of the proposed dwelling, driveway and any accessory structure(s) in relation to the zoning district setbacks and property lines, which are to be shown on the plan, and to any existing and proposed buildings, driveways, sidewalks, septic systems, utilities or other structures on the lot.
(c)
The location, type and width of all easements, including but not limited to conservation, drainage, utility, and emergency access, all covenants and all deed restrictions on the property, with metes and bounds description, where applicable.
(d)
Existing and proposed contours with intervals of one foot where slopes are less than 2% in grade and/or lots are less than one-half acre in size or intervals of two feet where slopes are more than 2% and/or lots are greater than one-half acre in size. All contour information shall refer to a known datum. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line.
(e)
Spot elevations at dwelling and/or accessory structure(s) corners, driveway, first floor, garage floor and basement floor elevations, lot corners, center line of street, edge of pavement and any other locations as necessary.
(f)
The height, number of stories and size of all existing and proposed building(s) and accessory structures and their existing or intended use, including the number of dwelling units within the building.
(g)
Number and location of off-street parking spaces, a detail of driveway and street intersection, including any sight triangles, and a profile and slope of the proposed driveway and typical pavement detail. Any proposed driveway shall comply with the provisions of Subsection 16-5.8 of this chapter.
(h)
The location of all "critical areas" in accordance with Sections 16-15 and 16-16 of this chapter, including but not limited to certifications by appropriate licensed or registered professionals regarding the presence or absence of critical areas, other certifications required by the Township's Floodplain Administrator to demonstrate compliance with Federal, State, and Township regulations, and all other submission requirements of Sections 16-15 and 16-16.
(i)
Calculation of contiguous land area on the lot which does not include any of the above "critical areas" or detention or retention basins, as required by this chapter.
(j)
Limits of disturbance. All wooded areas and any existing trees having a caliper of eight inches or more measured three feet above the ground level, which trees are located within the area of the property to be disturbed and 20 feet beyond the outer limits of the disturbed area, shall be shown.
(k)
A delineation and description of any proposed extension(s) of public utilities.
(l)
Soil erosion and sediment control plans shall include but not be limited to wheel cleaning blankets, location of sediment filter fences, temporary and permanent seeding, general notes and any other requirement of the Township Engineer.
(m)
The existing surface drainage pattern shall include but not be limited to swales, ditches, brooks or other drainage patterns, and how it affects the subject property. Any proposed changes in the existing surface drainage pattern which will result from the construction of the dwelling proposed for the subject property shall be shown.
(n)
The proposed location of roof leader drains and sump pump discharge pipe outlet.
(o)
The location of any existing or proposed stormwater sewer system.
(p)
The location and grading of sewerage facilities to be either a house lateral or an on-site sewage disposal system in accordance with Chapter BH6 of the Township of Montgomery Board of Health Code and approved by the Health Department (a copy of the approved septic system shall accompany the plan).
(q)
The location of any retaining walls with top and bottom of wall elevations. Plans, profiles, cross-sections, and details of all retaining walls showing the height of wall, the elevation at the top and bottom of each wall, the materials to be used, a profile and cross-section of the wall, any proposed plantings, any safety barriers, calculations of anticipated earth and hydrostatic pressures and surcharges, and calculations detailing the wall design shall be provided unless such documents were reviewed and approved as part of a subdivision or site plan application. All plans, details, and calculations shall be prepared, signed, and sealed by a licensed professional engineer.
(r)
Lot and block numbers as per the Township Tax Assessor or Tax Map.
(s)
Name, title, address, telephone number, license number, seal and signature of the professional or professionals who prepared the plat or plan.
(t)
Name of municipality and County in which project is located and address of project.
(u)
Name, address and phone number of the owner or owners of record.
(v)
Any other detail deemed necessary for approval by the Township Engineer or his duly authorized representative. In addition to the above required grading plan, the applicant also shall provide a complete set of architectural plans for the new dwelling unit, and/or accessory structure(s) signed and sealed by a licensed architect or engineer. 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.
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. Freshwater wetlands shall be field delineated in accordance with the procedures described in the Freshwater Wetland Regulations by a qualified expert. All points shall be prominently flagged in the field with orange flagging and point numbers. The point locations and numbers shall be provided on the Environmental Constraints Map signed and sealed by a professional land surveyor or engineer licensed to practice in the State of New Jersey. Additionally, all other requirements for construction permit procedures set forth in the Uniform Construction Code of 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 chapter and until all review and inspection fees and all local taxes and assessments on the property have been paid.
6.
Additionally, any proposed extension(s) of the public water, sewerage, stormwater management facilities and/or 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.
c.
Certificate of Occupancy.
1.
Upon the completion of any building, structure or alteration in compliance with this chapter and any other ordinance, rule or regulation, the owner or his agent shall apply to the Construction Official, in writing, for the issuance of a certificate of occupancy for said structure, building or alteration pursuant to the provisions of this section, but only when:
(a)
The structure or part(s) thereof and the proposed use conform to this chapter and all other applicable codes and ordinances of the Township;
(b)
Prior site plan, subdivision and variance approvals, developers agreements, as may be necessary, have been granted or approved by the appropriate municipal agency or municipal agencies in accordance with the provisions of this chapter;
(c)
All local taxes and assessments on the property have been paid;
(d)
Confirmation from each utility company has been received by the Township stating that the utility has been inspected in accordance with the approved plan and is ready for use; and
(e)
Certified as built grading plans have been submitted to and approved by the Township Engineer.
2.
Every application for a certificate of occupancy shall be accompanied by payment of the fee in accordance with the applicable ordinances of the Township.
3.
The Construction Official shall issue a certificate of occupancy to the owner of every structure, building or alteration entitled to same, within the time and according to the procedures set forth in the New Jersey State Uniform Construction Code, and in this chapter.
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 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)
Rough grading of the property.
(f)
Base course of the street or streets serving the property.
(g)
Base course of driveways and parking areas.
5.
With respect to any individual residential lot within a subdivision, a certificate of occupancy shall be issued only upon the completion of the following improvements, in addition to those listed in Subsection 16-10.3c4 hereinabove, to the extent the same are required as part of the subdivision 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.
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 a new structure or use for which site 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 approval of the Construction Official who shall establish specific terms and conditions, including, but not limited to, a time limit for the installation of the incompleted improvements and the receipt of an appropriate performance guarantee assuring the installation of the improvements as indicated on the approved plat or plan.
9.
A monthly report of the certificates of occupancy issued shall be filed with the Tax Assessor. A record of all certificates of occupancy 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 Committee except that there shall be no charge to a municipal agency.
10.
The following shall be unlawful until a certificate of occupancy is issued by the Construction Official:
(a)
Occupancy and use of a building erected, constructed, restored, altered, or moved, or any changes in use of an existing building.
(b)
Occupancy, use or change in use of vacant land, other than for agricultural purposes.
(c)
Any change in the use of a nonconforming use.
(d)
Occupancy and use of any enlargement to an existing structure.
d.
Zoning Permits.
1.
A zoning permit from the Zoning Officer shall be required:
(a)
Prior to the construction, erection, installation or enlargement of any building, accessory building, deck, pool/spa/hot tub, fence, or tower; and
(b)
Prior to an increase in lot coverage by the construction, installation or enlargement of a patio, driveway, or any other paved or surfaced area/structure that is impervious, or semi-pervious, and exceeds 100 square feet in area; and
(c)
For the review of a Change of Use, Change of Tenant (Commercial), or Tenant Fit-Out; and
(d)
For the erection, re-erection, construction, placement, or location of a sign pursuant to Subsection 16-5.14c of this chapter; and
(e)
For any structure or use that has been approved by the Planning Board or Zoning Board of Adjustment, as the case may be, as part of an approved development application.
2.
Where a construction permit is required by State law, the Zoning Officer shall first review the zoning permit application and plans for conformance with the Township Ordinance provisions prior to referring the application to the Construction Official for the issuance of a construction permit.
3.
Fees for zoning permits shall be in accordance with the applicable ordinances of the Township.
4.
Every application for a zoning permit shall be submitted with the completed application form, the required fee, and shall include a plan with the following details:
(a)
A scaled drawing of the proposed structure, indicating the location, its dimensions and height, the type and materials to be used in its construction, the setbacks from property lines and other buildings, any lighting, location of existing trees, and any increase in building coverage(s), lot coverage and, where applicable, Floor Area Ratio;
(b)
Any "critical areas" as defined by this chapter in the vicinity of the proposed structure or improvement;
(c)
For a zoning permit for a Change of Use, Change of Tenant (Commercial) or Tenant Fit-Out, the existing and proposed use(s) of the building and floor plans as may be necessary to show Tenant Fit-Out; and
(d)
Any other information required by the Zoning Officer in his/her review that is necessary to determine conformance with the Township Ordinance provisions or any other information required by other local, State or Federal law.
5.
A zoning permit shall be granted or denied in writing within 10 working days after the filing of a complete application unless additional time is agreed upon in writing by the applicant.