North Brunswick City Zoning Code
ARTICLE XXXV
Enforcement; Certificates and Permits
§ 205-137 Enforcement authority.
A.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred upon him by this chapter, and as reasonably may be implied. He shall be appointed as provided in the Administrative Code.[1] In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use thereof would be in violation of any provisions of this chapter. It shall be the duty of the Zoning Officer to cause any building, plans or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of this chapter, and he shall have the right to enter any building or premises during the daytime in the course of his duties.
B.
The Zoning Officer shall issue a zoning approval report to the Construction Official prior to the issuance of a permit for use, construction, erection or alteration of any structure or part of a structure or upon a change in the use of the land or structure.
C.
The Zoning Officer shall be the administrative officer designated to receive and review all plans for development prior to the submittal of applications for action by the Planning Board or Board of Adjustment.
§ 205-137.1 Violations and penalties.
[Added 5-17-2021 by Ord. No. 21-09]
A.
For any and every violation of the provisions of this chapter, including construction, erection, structural alteration or enlargement of any building or structure, or use of any land, building or structure in violation of the provisions of this chapter, or not in accordance with a resolution or plan approved by an approving authority, a detailed notice of violation issued by an enforcement officer (Zoning Officer, Code Enforcement Officer, or other member of the Community Development Department as so directed by the Director of the Department) shall be served upon the property owner, lessee, tenant, agent or any person or corporation which lets such violation be committed or exist. The notice must be sent by certified and regular mail to the last-known address of the person or corporation, and shall provide a ten-or-more-day period, subject to the discretion of the enforcement officer, in which such person or corporation shall be afforded the opportunity to cure or abate the violation. Service by mail is complete upon mailing, and no additional notice shall be required for a violation of the same regulation by the same person or corporation for which voluntary compliance previously has been sought within two years from the date of the original notice.
B.
Subsequent to the expiration of the period to cure or abate the violation, upon reinspection of the property, if it is determined that the abatement has not been substantially completed, a summons shall be issued and served via regular mail to the last known address of the owner, lessee, tenant, agent or any person or corporation which failed to abate such violation. Upon conviction, the person or corporation shall be subject to a minimum fine of $100 for the first offense and to a maximum fine not exceeding $2,000. Each and every day a violation shall exist shall constitute a separate violation.
C.
Any municipality that chooses to impose a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes shall provide a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
D.
Any corporation or person who is convicted of violating this chapter within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person or corporation for a repeated offense shall not be less than $300 or exceed the maximum fine fixed for a violation of this chapter.
E.
If, after final approval of an application for development or zoning permit, it is discovered that any application, or plan, or statement, or any representations made to induce approval contained a misrepresentation of any material facts or untrue statements, the approving authority may, in addition to such other sanctions as are available by law, revoke the approval and proceed as if final approval had not been obtained.
F.
If during the course of construction, a developer or agent of the developer is served via certified and regular mail to the last known address by the Zoning Officer, Code Enforcement Officer, or Township Engineer with a cessation order, and fails to cease the construction of improvements, or use of certain construction methods and procedures, or use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property, or continues to carry on the activities specifically prohibited in the cessation order(s), then any such developer or agent of such developer shall be subject to the fines and penalties established by this chapter. Each and every day that a developer or agent of a developer operates in violation of the cessation order shall constitute a separate violation.
§ 205-138 Certificates and permits.
[Amended 10-4-1982; 10-20-1986; 6-1-1987; 6-7-1993; 2-3-2003 by Ord. No. 03-1; 9-15-2008 by Ord. No. 08-25]
A.
Construction permits and location survey.
(1)
Construction permits. No building or structure shall be erected, restored, added to or structurally altered until a permit therefor has been issued by the Construction Official. All applications for such permits shall be in accordance with the State Uniform Construction Code.[1] No permits shall be issued until zoning approval has been given by the Zoning Officer and approval has been given by the Fire Marshal for all uses except single- and two-family houses.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
(2)
Location survey. The Code Enforcement Officer shall be furnished with a foundation location and elevation survey prepared by a licensed land surveyor for verification of compliance with approval by the Code Enforcement Officer before the construction of a superstructure may proceed.
(3)
Certificate of occupancy improvement completion plan. The Planning Board or the Zoning Board of Adjustment may require a developer, pursuant to a subdivision or site plan application, to provide a plan showing which site work improvements will be in place prior to issuance of a certificate of occupancy. This plan shall, unless otherwise specified in the resolution of the Planning Board or Zoning Board of Adjustment, be required to be submitted prior to final approval in the case of a subdivision, or with the application for site plan approval.
B.
Certificates of occupancy/fire certificate of compliance/zoning change of use permit.
(1)
No new building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official with approval given by the Zoning Officer. In addition, the Fire Marshal's office shall issue a fire certificate of compliance permit for all new nonresidential uses, other than one- and two-family homes, prior to the issuance of a certificate of occupancy. Whenever there occurs a change in the use or occupancy of an existing nonresidential building or structure, a new zoning change of use permit shall be applied for and required to insure compliance with all applicable codes and ordinances. In addition, a new fire certificate of compliance permit shall be applied for and issued by the Bureau of Fire Safety/Fire Marshal's office.
(2)
Requirements. No certificate of occupancy shall be issued for any use or building involving the installation of utilities or street improvements, the alteration of the existing grade on the lot or the utilization of a new on-site well or sanitary disposal system unless the Township Engineer shall have, where applicable, certified to the following:
(a)
Utilities and drainage. All underground utilities, including but not limited to water, gas, storm drains, sanitary sewers, electric lines and telephone lines, shall have been properly installed.
(b)
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.
(c)
Sidewalks. All sidewalks, necessary to provide access, shall have been properly installed.
(d)
Curbing and streets. Curbing and the bituminous base course for bituminous concrete streets or the curbing and pavement course for portland cement concrete streets shall have been properly installed.
(e)
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.
(f)
Grading of lots. The lot shall have been fully graded and all plantings 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.
(g)
An as-built site work drawing signed and sealed by a licensed professional engineer or land surveyor, provided by the permit holder, including, whether publicly or privately owned, all driveways, parking lots, curbing, sidewalks, grading, landscaping and utilities, but not including any of these items covered by the Uniform Construction Code, nor as-built drawings required by any other sections of the code or requirements of the Township. As-built drawings shall also include the public improvements which are pertinent to the building for which final grading permit approval has been requested.
C.
Fire subcode permits. Prior to the issuance of a construction permit for the erection, addition to or alteration of any building or structure, a fire subcode permit signed by the Fire Subcode Official shall be required. The permit shall certify that the plans and specifications submitted with the application for said construction permit conform to all Township codes and ordinances relative to fire protection and fire safety.
D.
Certificate of completion. A certificate of completion is a certificate issued by the Construction Official, in lieu of a certificate of occupancy, upon completion of a building, structure, alteration or addition not intended for habitable use.
E.
Zoning permits.
(1)
Zoning permit. No structures shall be erected, restored, added to or structurally altered, and a building permit will not be issued, until a permit therefor shall have been issued by the Zoning Officer consistent with Subsection A of this section. Permits for all structures shall be submitted to the Zoning Officer on a form required by that officer and shall include a diagram of the property, including an indication of the location of the proposed structure.
(2)
Zoning permit fees shall be required for all structures including, but not limited to, the following:
(a)
New building.
(b)
Building addition.
(c)
Building alteration, first 50,000 square feet.
(d)
Building alteration, second 50,000 square feet.
(e)
Building alteration over 100,000 square feet.
(f)
Deck/patio.
(g)
Fence.
(h)
Finished basement.
(i)
Garage, detached.
(j)
Pool, aboveground.
(k)
Pool, in-ground.
(l)
Sign.
(m)
Temporary sign.
(n)
Temporary structures. [NOTE: "Temporary structures" are defined as any membrane or fabric structures which exceed 400 square feet and which will be in place for a period of time greater than 14 days.]
(o)
Yard utility building (shed) less than 100 square feet.
(p)
Temporary storage containers. [NOTE: "Temporary storage containers" are defined as containers without wheels on a nonresidential property for a one-time nonrenewable period of one year.]
(q)
Portable storage units.
(r)
Retaining walls. [NOTE: "Retaining walls" are defined as not connected to the principal building and exceeding 30 inches in height.]
(s)
Telecommunications tower.
(t)
Occupancy for use up to 2,500 square feet.
(u)
Occupancy for use up to 20,000 square feet.
(v)
Occupancy for use up to 50,000 square feet.
(w)
Occupancy for use over 50,000 square feet.
F.
Engineering permits.
(1)
Engineering permit. An engineering permit must be obtained from the Department of Community Development prior to the construction of any dwelling unit; installation of public and private improvements; private driveway expansion or extension; or alteration of existing grades, associated with the following types of projects:
(a)
Site improvements: Site improvements include clearing, site grading, road improvements, soil importation or utility installation for any property receiving subdivision and/or site plan approval.
(b)
Plot plans: Plot plan approval must be obtained for lots as part of a major or minor subdivision, or approved building lots, prior to issuance of a building permit.
(c)
Grading/residential: Grading includes alteration of existing grades within residential lots that are not associated with subdivision or site plan approvals.
(d)
Grading, nonresidential: Grading includes alteration of existing grades within nonresidential lots that are not associated with subdivision or site plan approvals.
(e)
Driveways: Driveways include new or reconstructed driveways that include expansion of the existing driveway limits, and are not part of a plot plan approval.
(f)
Swimming pools: above and in-ground pools that include existing grade alterations.
(g)
Accessory buildings: accessory buildings that include existing grade alterations.
(h)
Home additions, including garages: home additions and garages that include existing grade alterations.
(2)
Engineering permit fees. Fees for the issuance of an engineering permit shall be set by resolution of the Township Council and shall be in addition to the posting of any required technical review escrow deposit required for engineering services. Such fees shall provide for the review and inspection of the project(s) associated with the engineering permit. All fees associated with the engineering permit application are nonrefundable.
(3)
Engineering permit expiration. All work associated with the engineering permit shall be completed, inspected, and approved within one calendar year of the permit issuance date. If work is not completed, inspected and approved within the above time period, the permit will be voided and a new application will be required to be submitted for approval.