Ogdensburg City Zoning Code
§ 30-1002
ENFORCEMENT.
[Ord. No. 09-2019]
It shall be the duty of the Borough Engineer, the Borough Construction Official and the Borough Zoning Officer to administer and enforce the provisions of this chapter.
A.
Borough Engineer.
1.
It shall be the duty of the Borough Engineer to monitor all land disturbances and all land improvements undertaken in the Borough pursuant to approval of a subdivision and/or site plan in accordance with the applicable provisions of this chapter.
2.
Prior to the commencement of any land disturbance or any land improvement, the developer shall arrange for, and attend, a preconstruction meeting with the Borough Engineer. At said meeting, the subject subdivision plat and/or site plan shall be identified, marked and dated by the Borough 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 Borough Clerk.
3.
The Borough 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 Borough 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 Borough Clerk, and additional copies shall be immediately forwarded to the Chairman of the Planning Board or the Chairman of the Zoning Board of Adjustment, as the case may be, and to the Board's Attorney.
4.
In accordance with Section 30-902 D of this Land Development chapter, all improvements for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Borough Engineer. At the time of inspection, in addition to an evaluation and determination of the sufficiency of the engineering aspects of the improvements, the Borough Engineer shall evaluate and determine the correctness of the improvements relative to all aspects of the approved subdivision and/or site plan. Should any improvements, whether completed or under construction, be found by the Borough 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 Borough 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 Borough 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 Borough 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 Borough 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 Borough Engineer; otherwise the Borough Engineer shall communicate in writing within two working days the particulars of the developer's noncompliance to the Attorney of the Planning Board.
B.
Construction Official.
1.
It shall be the duty of the Construction Official to monitor the construction of any building or structure in the Borough. Where a construction permit is required, 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 Section 30-1002 D of this chapter.
2.
It shall be the duty of the Construction Official 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 Borough public records. A monthly report of construction permits shall be filed with the Tax Assessor and the Borough Council.
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 orally communicated to the land owner or his/her appropriate representative on-site and, thereafter, shall be communicated by the Construction Official in writing the landowner or his/her attorney.
A copy of the written communication shall be immediately filed in the office of the Borough Clerk, and additional copies shall be immediately forwarded to the Mayor and to the Borough Attorney.
4.
On the day following the oral communication to the landowner or his/her representative, 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:
5.
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 shall communicate in writing within two working days the particulars of the landowner's non-compliance to the Borough Attorney.
C.
Zoning Officer.
1.
It shall be the duty of the Zoning Officer to inspect the uses, land and structures in the Borough and order the owner in writing to remedy any condition found to exist in violation of any provision of this chapter 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 chapter 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 chapter 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 Borough Clerk, and additional copies shall be immediately forwarded to the Borough 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 Attorneys.
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 chapter and/or any approved subdivision and/or site plan, shall be corrected so as to conform to this chapter and any subdivision and/or site plan approval, or the Zoning Officer may revoke the Certificate of Occupancy and, in any case, shall notify the Borough Attorney and the Borough 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 of any and all "critical areas" as defined in Section 30-200 of this chapter; 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 Regulations. 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 Borough of Ogdensburg in the County of Sussex 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 10 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.
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 have been paid.
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. 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 Sections 30-400 and/or 30-600 of this chapter, shall require a new Certificate of Occupancy.
Additionally, any use requiring site plan approval pursuant to Section 30-800 of this chapter 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 chapter and all other applicable codes and ordinances of the Borough;
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 chapter.
c.
A letter from each utility company has been received by the Borough stating that the utility has been installed and has been inspected in accordance with the approved plan and is ready for use.
2.
Certificate of Occupancy/Approval.
a.
The fee for a Certificate of Occupancy shall be in the amount of 10% of the new construction permit fee which should be charged by the department pursuant to these regulations. The minimum fee shall be $85 except for one or two family (Use Group R-4 and R-4) structures of less than 5,000 square feet in area and less than 35 feet height and structures on farms (regardless of height) used exclusively for storage of food or grain or sheltering of livestock, for which the minimum fee shall be: $40.
b.
Change of use certificate of occupancy fee: $120.
c.
Certificate of continued occupancy fee: $100.
d.
There shall be no fee for a temporary Certificate of Occupancy: $0.
e.
Certificate of Approval fee: $20.
3.
Waiver of Fees.
The Borough of Ogdensburg shall waive all construction code fees for the following:
a.
As per the "State Uniform Construction Code Act," N.J.S.A. 52:27D-126, 52:27D-126a, 52:27D-126b and 52:27D-126c.
b.
Municipally-owned buildings.
c.
Ogdensburg Fire Department.
d.
Ogdensburg First Aid Squad.
e.
Lt. Robert A. Madden VFW Post #10152.
f.
Ogdensburg Historical Society.
g.
All other applicants seeking to request waiver of construction fees must make application to the Construction Official. Applicants that are denied waiver of fees by the Construction Official shall have the right of appeal before the Borough Council.
4.
Unless additional time is agreed upon the applicant in writing, a Certificate of Occupancy shall be granted or denied in writing within 20 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.
5.
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.
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 or conditions required as part of subdivision and/or site plan approval.
6.
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 completion of the following improvements, in addition to those listed in Section 30-1002 E,4 hereinabove, to the extent the same are required as part of a subdivision and/or site plan approval:
7.
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 Secretary of the Planning Board or to the Secretary of the Zoning Board of Adjustment, as the case may be, for placement in the applicable site plan or subdivision application file.
8.
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.
9.
A Temporary Certificate of Occupancy may be issued for any new structure or use for which 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 Borough 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 uncompleted 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 Section 30-902 of this chapter. Any Temporary Certificate of Occupancy beyond a 90 day time period may only be granted by the Planning Board or Zoning Board of Adjustment, as the case may be.
10.
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 of each copy shall be established by resolution of the Borough except that there shall be no charge to a municipal agency.
11.
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.
d.
Any change in the use of a nonconforming use or nonconforming structure.