Old Bridge City Zoning Code
ARTICLE XI
Enforcement
§ 250-83 Site plan approval required.
[Amended 11-14-2022 by Ord. No. 2022-29]
No building or structure shall be erected, relocated, enlarged or externally altered, or reconstructed; nor shall the use of any building or structure be changed or any land cleared or altered; nor shall the use of any land be changed, except to a permitted home occupation, any watercourse diverted, or its channel or floodplain, dredged or filled; nor shall any parking area, accessory or otherwise, be constructed, installed or enlarged; nor shall any construction permit, certificate of occupancy for a change of use, or other required permit be issued with respect to any such structure, land, parking area or other development, except after and in accordance with the final approval of a site plan granted pursuant to this chapter. Anything herein to the contrary notwithstanding, individual lot applications for detached one-dwelling-unit or two-dwelling-unit buildings permitted as of right under applicable zoning regulations, and structures and uses incidental thereto, are exempted from the site plan review and approval requirements hereunder. The Administrative Officer may waive the site plan approval requirement if the construction, alteration, or change in use or occupancy does not require a variance pursuant to N.J.S.A. 40:55D-1 et seq. and does not have a substantive effect on factors such as existing site circulation, stormwater runoff, landscaping, lighting, parking, and which in no way will impede the public health, safety, morals, and general welfare of the public.
§ 250-84 Subdivision approval required.
A.
No land may be subdivided, except after and in accordance with the final approval of a subdivision plat granted pursuant to this chapter.
§ 250-85 Zoning permit required for undertaking development; general conditions of all approvals.
[Amended 11-2-1992 by Ord. No. 42-92]
A.
A zoning permit shall be obtained from the Zoning Officer upon application of the developer prior to the undertaking of any development, and such undertaking shall be in accordance with such permit and may continue only so long as the permit is valid and subsisting. Any construction permit otherwise required by law to commence construction of a building or structure or any certificate of occupancy required by this chapter shall not be issued by the Township Construction Official prior to the issuance of a valid and effective zoning permit.
B.
As a general condition of all approvals, including but not limited to subdivision approvals, variances, conditional uses and zoning permits, the appropriate board, body or official shall require the following items relating to the health and safety of the residents and general public be installed prior to any occupancy of a structure within a residential or nonresidential section:
(1)
All sight easements shall be cleared of obstruction to view.
(2)
New roadway(s) shall be complete to at least the stabilized base course or pavement, including all curbs, drainage inlets and utility structures. All protruding structures in the base course shall be ramped to provide vehicle safety.
(3)
All utility mainlines for the section shall be in place and operating.
(4)
All required traffic control signs, devices and pavement markings shall be in place.
(5)
All required streetlights shall be operating.
(6)
All required fire hydrants shall be operational.
(7)
Acceleration/deceleration lanes, if required, shall be in place.
§ 250-86 Certificate of occupancy required for use or occupancy of development.
Prior to the commencement of a use after the erection, construction, reconstruction, alteration, or conversion of a building or structure, or the occupancy of a new or existing structure, a certificate of occupancy must be signed and issued by the Construction Official acknowledging that the use, building or structure complies with the provisions of this chapter and all applicable construction codes and regulations.
§ 250-87 Conditional permits and certificates.
The issuance of any zoning permit or certificate of occupancy may, in the discretion of the Zoning Officer or the Construction Official, as the case may be, be conditioned upon the express approval of appropriate state, county or municipal agencies having jurisdiction over one or more portions of the development.
§ 250-88 Temporary certificates of occupancy.
A.
A temporary certificate of occupancy for a period not to exceed 30 days may be issued upon separate application to the Construction Official in cases in which the Construction Official determines that:
(1)
The development is substantially completed;
(2)
The developer is proceeding with dispatch toward final completion;
(3)
It is likely that the development will be finally completed within the period of the temporary certificate;
(4)
Denial of the certificate would result in undue hardship to the developer or the prospective occupants; and
(5)
The temporary use of the development will not adversely affect the public health, safety or welfare.
B.
Each temporary certificate of occupancy shall be conditioned upon the developer applying for and receiving a permanent certificate of occupancy within the temporary time period. Prior to the issuance of a temporary certificate of occupancy, the developer shall enter into an agreement with the Township, in a form to be approved by the Township Attorney, whereby said developer shall agree to complete said development as required by the Construction Official and shall post sufficient security to insure the completion of the development in order to receive a permanent certificate of occupancy.
C.
The developer shall also provide, when applicable, a temporary certificate of occupancy guarantee for installation of all public improvements, required by ordinance or resolution of approval of a municipal agency, which have not yet been completed as provided for in N.J.S.A. 40:55D-53(1)(c) and § 250-106 of this chapter.
[Added 4-9-2018 by Ord. No. 2018-10]
§ 250-89 Compliance with approved general development plans.
A.
Upon the completion of each section of a development as which is the subject of an approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling its obligations under the approval plan. For the purpose of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved general development plan and pursuant to Section 15 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-133).
B.
If the Township does not receive such notification at the completion of any section of the development, the Township shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.
C.
If a developer does not complete any section of the development within eight months of the date provided for in the approved plan, or if at any time the Township has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the Township shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The Township thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the Township finds good cause to terminate the approval, it shall provide written notice of same to the developer, and the approval shall be terminated 30 days thereafter.
§ 250-90 Regulation and permitting of signs.
A.
General. All signs may be erected, altered, maintained, used and removed only when in compliance with the provisions of this section and § 250-52 of this chapter.
B.
Enforcement. The provisions of this section shall be enforced by the Construction Official and/or the Zoning Officer.
[Amended 10-25-2010 by Ord. No. 2010-28]
C.
Exempt signs in all zones. The following signs are authorized in any zoning district without a permit as long as they conform to the standards contained herein and in § 250-52:
(1)
Sales and rental signs.
(2)
One nonilluminated sign indicating the name and/or address of the occupant of a dwelling unit; provided that the sign shall be no larger than one square foot in area.
(3)
Window stickers denoting organizational affiliations, credit card availability, burglar system, pet restrictions, hours of operation, etc.
(4)
Signs indicating the private nature of a road, driveway or premises may be erected and maintained; provided that the area of such sign does not exceed 72 square inches and shall not exceed three feet in height.
(5)
Signs prohibiting or otherwise controlling fishing, hunting, etc., upon particular premises may be erected and maintained; provided that the area of any such sign shall not exceed two square feet.
(6)
Special signs serving the public convenience such as "notary public," "public rest rooms," "public telephone" or words of similar import. The area of each sign shall not exceed 72 square inches.
(7)
Nonilluminated traffic control directional signs identifying parking areas, loading zones, entrances, exits and similar locations. The signs shall not exceed two square feet in area, and three feet in height.
(8)
Temporary signs for advertising public functions or fund-raising events for charitable or religious organizations for a period of 30 days prior to and during the event, but shall be removed within five days after the event. The sign shall be nonilluminated, not larger than 12 square feet in area, not exceeding six feet in height and may be erected flat against the building or freestanding.
(9)
Temporary nonilluminated political signs which are removed within 14 days after an election; provided that:
[Amended 10-25-2010 by Ord. No. 2010-28]
(a)
They shall not be erected within the public right-of-way or on a utility or directional sign pole. Such signs shall contain the name and address of the sponsor, individual or organization; and
(b)
All such political signs shall be removed by the person, organization sponsoring an event, campaign chair or campaign treasurer who posted said sign, within 14 days after the event or election which is the subject of said sign. Any such person or organization failing to remove said sign in accordance with this chapter shall be considered in violation of this chapter. Any sign remaining posted after 14 days shall be deemed to be a public nuisance and shall be subject to removal by the Zoning Officer, who, along with the Construction Official and/or his designee, shall impose a penalty of $5 per sign against the sponsor, individual or organization.
(10)
Historical tables, cornerstones, memorial plaques and emblems which do not exceed six square feet in area and which are installed by government agencies, civic or religious organizations.
(11)
Temporary signs which are in the nature of traditional holiday or seasonal greetings or decorating not advertising a specific product, service or establishment which are not up for more than 45 days.
(12)
Flags or emblems of a religious, educational, civic or governmental organization.
(13)
Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.
(14)
Signs which are an integral part of permitted vending machines, including gasoline pumps, and milk machines, provided they do not exceed two square feet in area.
(15)
Temporary window posters when posted inside commercial establishments, provided they do not occupy more than 20% of the total area of said window.
(16)
Temporary promotional or special sales signs when erected in conjunction with a commercial establishment, provided that they do not exceed 16 square feet and they are restricted to not more than four nonsuccessive seven-day periods within a calendar year, except for “grand opening” promotions, which may be up to 30 consecutive days.
[Amended 10-25-2010 by Ord. No. 2010-28]
(17)
Temporary overhead banners spanning a street or roadway advertising public functions or fund-raising events for charitable or religious organizations for a period of 30 days prior to and during the event. Said banners shall be removed within five days after the event or at anytime it is damaged or becomes a hazard.
(18)
Temporary construction signs located on the lot on which said construction is taking place; provided the sign is removed within seven days after the completion of the construction work. The total area of all such signs shall not exceed 24 square feet, nor shall any sign be greater than six feet in height, or illuminated except for construction safety lights placed in hazardous areas.
D.
Required permits. It shall be unlawful for any person, firm or corporation to construct and install any sign within the Township that is not constructed and installed pursuant to the Uniform Construction Code, N.J.A.C. 5:23 et seq., and the Township Land Development Ordinance. Any sign permit application must be accompanied by the prior approval of the Zoning Officer or appropriate board or boards of the Township. No building permit shall issue without prior compliance with the sign requirements set forth in this chapter.
[Amended 10-25-2010 by Ord. No. 2010-28]
(1)
Applications for permits shall be made on forms provided by the Construction Official and shall include the following:
(a)
Name, address and telephone number of the applicant.
(b)
Name of person, firm, corporation or association erecting the sign if new construction.
(c)
Name of owner or property on which sign is located and written consent of owner if other than applicant.
(d)
The dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be attached.
(e)
Message, color, type, style, lighting, structural, anchorage and material specifications.
(f)
The dimensions of the sign's supporting members.
(g)
The maximum and minimum height of the sign.
(h)
The proposed location of the sign in relation to the face of the building, in front of which or above which it is to be erected.
(i)
The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated.
(j)
Where the sign is to be attached to an existing building, a current photograph of the face of the building to which the sign is to be attached.
(k)
Other such information as the Construction Official shall require to show full compliance with this chapter and all other ordinances of the Township.
(2)
Procedure for issuance of permits.
(a)
It shall be the duty of the Construction Official, upon the filing of any application for a permit to erect a sign, accompanied by the required fee, to examine such plans, specifications and other data, submitted to him with the application, and if necessary, the building or premises upon which the applicant proposes to erect the sign or other advertising structures.
(b)
Applications for signs permitted herein under the provisions of Subsection C shall be filed in duplicate with the Construction Official. If the proposed sign is in compliance with all the requirements of this chapter and other laws and ordinances of the Township, the Construction Official shall, within 10 days, issue a permit for the erection of the proposed sign. If the sign authorized under such permit has not been completed within six months from the date of the issuance of such permit, the permit shall become null and void but may be renewed within 10 days from the expiration thereof for good cause upon payment of an additional fee of $5.
(c)
Upon the issuance of a sign permit, the Township shall issue metal identification plates containing the sign permit number which shall be attached to the sign. On freestanding signs the plate shall be attached to the supporting structure not less than four nor more than six feet above ground level. On all other signs, the plates shall be attached to the front of the sign in the lower right-hand corner. Failure to attach, removal, transferring, covering, painting over or mutilation of the plate shall constitute a violation of this chapter.[1]
(3)
Expirations. All permits issued hereunder shall expire in the following year on the last of the month preceding the date of its issuance, but shall be renewed upon application and payment of the renewal fee unless the provisions hereof or other applicable Township ordinances have been or are being violated. Permits may be revoked by the Construction Official upon a hearing given after due notice, for failure to comply continuously with the provisions hereof and all other applicable Township ordinances and regulations.
E.
Sign maintenance.
[Amended 10-25-2010 by Ord. No. 2010-28]
(1)
Notwithstanding any provisions contained herein, every sign must be kept clean, neatly painted, and free from all hazards, such as, but not limited to, faulty wiring, loose fastenings, and must be maintained at all times in such safe conditions so as not to be detrimental to the public health or safety.
(2)
In the event the sign becomes unsafe, the Construction Official shall take appropriate action pursuant to the Uniform Construction Code.
[Amended 10-25-2010 by Ord. No. 2010-28]
(3)
If the Construction Official shall find that any sign regulated by this chapter is unsafe, insecure, or a menace to the public, he shall give written notice to the named owner of the land upon which the sign is erected who shall remove or repair said sign within 30 days from the date of said notice. If the sign is not removed or repaired, the Construction Official shall revoke the permit issued for the sign and shall assess all cost against the land or building on which the sign was located.
(4)
The Construction Official may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.
F.
Discontinuance of use. Signs advertising a use no longer in existence or a product no longer available shall be removed within 60 days.
G.
Maintenance specifications.
(1)
All signs and displays shall be maintained in good order and repair. In the event that the Construction Official determines that any sign now or hereafter erected is in a state of disrepair, has become dilapidated or constitutes a safety hazard, the sign owner and property owner shall be given written notice to correct the conditions within 20 days from the date of the mailing of the notice. Failure to correct the condition or file an appeal within the time provided shall constitute a violation of this section.
(2)
The area surrounding ground signs shall be kept neat, clean and landscaped. The owner of the property upon which the sign is located shall be responsible for maintaining the condition of the area.
(3)
The following maintenance schedule for illuminated signs shall be conformed to:
(a)
Clean signs yearly. The first cleaning should take place in the year following the year of installation.
(b)
Inspect the signs yearly. The inspection should be performed during the annual cleaning.
(c)
Repaint or touch up, as required, all parts which are constructed of materials customarily field painted yearly. The painting should be performed during the annual cleaning.
(d)
Replace all fluorescent lamps during the third cleaning of the sign.
§ 250-91 Land disturbance.
A.
Purpose. The purpose of this section is:
(1)
To reduce the danger from stormwater runoff, to retard nonpoint pollution from sedimentation, to prevent a decrease in the fertility of the soil, to conserve and protect land, water, air, and other environmental resources of the Township.
(2)
To provide for the protection, preservation, proper maintenance and use of trees and woodlands located in the Township in order to minimize disturbance to them and to prevent damage from erosion and siltation, a loss of wildlife and vegetation, and the destruction of the natural habitat.
(3)
To protect the woodlands (including trees and other forms of vegetation) for their economic support of local property values when allowed to remain uncleared and/or unharvested and for their natural beauty, wilderness character or geological, ecological or historical significance.
(4)
To protect critical and sensitive areas.
B.
Activities requiring permits.
(1)
General: private lands.
(a)
No clearing, grading, soil removal, excavating, landfill, stripping or the filling or alteration of any natural or man-made drainageways or other land disturbance area of more than 5,000 square feet of surface area of land or in a critical or sensitive area regardless of the surface area, or the filling of any natural or man-made drainageways regardless of the surface area or the destruction, cutting or removal or destruction of any trees or shrubs as defined in § 250-6 shall be undertaken in the Township until a land disturbance permit has been issued by the Director of the Department of Community Development, or his designee, unless the activity is exempt from the requirements of this section as provided in Subsection B(4), or unless the Director of the Department of Community Development, or his designee, has granted a waiver pursuant to the provisions of Subsection D.
(b)
Successive incidences of land disturbance of less than 5,000 square feet at any one time which result in an accumulative land disturbance area of greater than 5,000 square feet within any two-year period is expressly prohibited and constitutes a violation under this section, unless a land disturbance permit with respect to each incident has been issued.
(2)
General: public highways. No person, firm or corporation shall plant any tree or shrub or cause harm to be done to any tree or shrub upon a public highway or within a right-of-way, within the Township, unless a land disturbance permit has been issued by the Director of the Department of Community Development, or his designee.
(3)
Issuance before construction permit. Where an application is made in connection with the construction of a building or other structure, no construction permit shall be issued until the land disturbance permit application has been acted upon.
(4)
Exemptions. A land disturbance permit is required for clearing in all nonresidential zones without exception. The following activities are specifically exempt from the requirement to obtain a land disturbance permit:
[Amended 7-24-2000 by Ord. No. 29-00]
(a)
Agricultural use of lands when operated in accordance with a farm conservation plan approved by the SCD.
(b)
Lots of one acre or less upon which a residence is already situated and not located within a major subdivision or a planned development currently under development or the construction of no more than one single-family dwelling unit which is not constructed as a part of a larger development, except where the proposed disturbance is within 100 feet of a stream or drainage channel. Clearing of not more than 1/2 acre on lots greater than one acre upon which a residence is already situated or the construction of not more than one single-family dwelling unit which is not constructed as part of a larger development, except where the proposed disturbance is with 100 feet of a stream or drainage channel.
(c)
Removal of any tree growing on land actually being used for growing agricultural crops or on land suitable for agricultural purposes and being used for agricultural production and which would be incorporated into the farm for such agricultural production when cleared. "Suitable land" is defined as Land Classes 1, 2 and 3 on the Soils Maps of the United States Department of Agriculture Soil Conservation Survey.
(d)
Any tree grown on property actually being used as a nursery, garden center, Christmas tree plantation, or orchard.
[1]
The removal or trimming of dead, diseased, or damaged trees or other woody vegetation, provided that the damage resulted from a nonhuman cause and provided further that the removal or trimming is accomplished through the use of standard forestry practices and techniques.
(e)
Any tree growing on land actually being used for a sanitary landfill operation or for surface mining under a permit or otherwise as permitted under the general ordinances of the Township.
[1]
Any tree growing in a public right-of-way as shown on an approved final site plan or subdivision map.
(f)
Any tree cut or removed in accordance with a management plan developed by the New Jersey Department of Agriculture and filed with the Department of Community Development.
C.
Requirements for approved activity.
(1)
Any person proposing to conduct a land disturbance activity not exempt under Subsection B(4) shall, prior to any activity as described herein, obtain a valid land disturbance permit.
(2)
Such permit shall not be issued unless the applicant satisfies the issuing authority that the following protection standards will be maintained:
(a)
The limit of clearing for all streets and structures shall be kept to a minimum and shall be clearly shown on the plans.
(b)
There will be no removal of existing live trees which form part of a planted greenbelt or buffer strip.
(c)
There will be no removal of trees which are unique by virtue of history, unusual size or the like.
(d)
There will be no removal of trees near utility substations, transmission towers, warehouses, junkyards, other similar uses or structures, unless public health, safety or general welfare requirements require removal.
(e)
No living tree having a trunk diameter greater than 12 inches DBH within 100 feet of any stream carrying water on an average of six months of the year shall be removed except when necessary to accommodate detention basins or other storm drainage facilities, and/or roads and other utility crossings approved by the approving board, in consultation with the Township Engineer.
(f)
Any tree whose removal will damage other trees which are to remain must be removed by hand. The resulting stumps must be carefully removed to minimize damage to roots and trunks of other trees. Stump removal by chemicals is not permitted.
(g)
No burning or burying of trees within the Township is permitted.
(h)
All dead trees must be promptly removed from the site so as not to create potential rat harborages.
(3)
The Director of the Department of Community Development, or his designee, shall not grant the application unless one or more of the following conditions exist:
(a)
The trees sought to be removed are located within 20 feet of all building foundations and the width of the driveway area, plus five feet on each side of the excavated driveway. (Material from foundations must be stockpiled only in the driveway and adjacent cleared area.)
(b)
The trees sought to be removed are located on an area that will be used for sidewalk, roadway, drainage right-of-way, utility easement, parking areas, planted areas and sight triangle easements.
(c)
The cut or fill of land required for the proper development of the premises is such that it would be injurious or dangerous to the trees sought to be removed.
(d)
The trees sought to be removed are diseased or dead or that are likely to endanger the public or an adjoining property owner.
(e)
Any other reasons which the Director of the Department of Community Development, having in mind the intent of this section, deems to be adequate.
D.
Application procedure.
(1)
Every applicant shall, prior to any activity described herein, submit to the Township Department of Community Development an application for a land disturbance permit which shall include four copies of soil erosion and sedimentation control plans, containing the following information:
(a)
The name and address of the applicant. The name and address of the owner of the property on which land is sought to be disturbed or from which the tree(s) are sought to be removed.
(b)
Location on the property of any tree(s) or structures to be removed, indicated on a survey prepared by a New Jersey State licensed land surveyor.
(c)
The survey shall indicate, specifically by an assigned number, all tree(s) to be removed which have a trunk diameter of eight inches DBH or greater.
(d)
The survey shall indicate a limit of disturbance line.
(e)
Any other information which may reasonably be required to enable the application to be properly evaluated.
(2)
Prior to applying for a land disturbance permit, the applicant's soil erosion and sedimentation control plan must have been certified as approved by the SCD. A copy of such certification shall be filed with the application for a land disturbance permit.
(3)
If the land disturbance permit is sought in connection with a development requiring any other approval from an approving board pursuant to this chapter, the application for the land disturbance permit must be accompanied by a certified copy of the resolution of final approval issued by such approving board. No land disturbance permit shall be issued hereunder until such final approval has been granted by such approving board.
(4)
An applicant shall file a building plan which identifies a tree protection area prepared according to the standards of § 250-74B(4)(a) which has been approved by the Director of the Department of Community Development or his designee before a land disturbance permit shall be issued.
[Amended 7-24-2000 by Ord. No. 29-00]
(5)
If an applicant discloses that trees are to be removed or destroyed on the premises in a tree protection area, the Director of Community Development or his designee may inspect the trees in the tree protection area, the drainage and other physical conditions and/or consult with the Environmental Commission, Township Engineer and Township Planner regarding such application.
[Amended 7-24-2000 by Ord. No. 29-00]
(6)
After review of an application, an application shall be granted or denied. If not, final action is taken with respect to the application within 30 days after the receipt of an application containing all of the information required hereunder, the application shall be deemed to have been approved.
[Amended 7-24-2000 by Ord. No. 29-00]
(7)
If an application is denied, the applicant may appeal the decision to the approving board, or to the Zoning Board of Adjustment if the application is not in connection with a development requiring any other approval pursuant to this chapter, by filing a written notice of appeal with the Director of the Department of Community Development, within 10 days after receiving notice of the denial of the application. Such Board shall hold a hearing of the matter within 30 days after the notice of appeal has been filed and may modify, affirm or reverse the decision.
E.
Waiver of plans or requirements. The Director of the Department of Community Development or his designee may waive any or all of the requirements herein for any tree removal activity upon written finding that there is no apparent danger to the environment and related natural resources.
F.
Performance.
(1)
The applicant shall be required to have the approved plans upon which the issued land disturbance permit is based on site during construction, including without limitation the period of land disturbance.
(2)
A stop construction order is authorized if an action is not being executed in accordance with such approved plans.
(3)
The Director of the Department of Community Development, or his designee, in its discretion, may require reforestation and the replacement of any and all trees that have been removed in violation of the requirements herein and/or in the approved land disturbance permit.
(4)
No further construction permits or certificates of use and occupancy shall be issued unless the terms and conditions of the approved land disturbance permit, including the application materials and plans thereunder, are being complied with.
G.
Violations and penalties.
[Added 7-24-2000 by Ord. No. 29-00]
(1)
The penalty set forth in § 250-100, Violations and penalties, shall apply for violations of § 250-91. Within 30 days after a violation of this section occurs which results in the unauthorized removal of trees and shrubs, a compensatory tree replacement plan with specific planting schedules shall be submitted for approval to the Director of the Department of Community Development. A performance guarantee shall be posted to insure the implementation of the plan within two years.[1]
(2)
Failure to submit a timely compensatory tree replacement plan is a violation of this section. Each day such plan is not submitted after the expiration of the 30 days permitted under this section shall constitute an additional separate and distinct offense.
§ 250-92 Historic sites or structures.
A.
No demolition, destruction, alteration, or repair of historic sites or structures shall be undertaken in the Township until a demolition permit has been issued by the Director of the Department of Community Development, or his designee.
B.
No demolition permit for the demolition, destruction, alteration, or repair of historic sites or structures shall be issued unless the person requesting such permit satisfies the issuing authority that the standards set forth in § 250-43M with respect to the preservation of such site or structures have been complied with or sufficient guarantees are in place to assure such compliance.
§ 250-93 Permits required under other regulations unaffected.
The approvals, permits, certificates and authorizations required by this article shall be in addition to, and not in place of, those required with respect to a development under any law, ordinance or regulation other than this chapter.
§ 250-94 Notice of violation.
Upon finding a violation of this chapter, the Zoning Officer shall issue a notice of violation setting forth the section or sections of this chapter being violated and the amount of time within which said violations must be corrected. The amount of time given for correcting the violation shall be within the reasonable discretion of the Zoning Officer. The notice shall be issued to those individuals responsible for causing said violations and to the owner of the property if said owner is not a responsible person. The owner shall be jointly and severally liable for all penalties imposed pursuant to this chapter.
§ 250-95 Selling land before subdivision approval; violations and penalties; actions.
A.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell as owner or agent, except pursuant to an agreement expressly conditioned on final subdivision approval, any land which forms a part of a subdivision for which approval is required by this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
B.
In addition to the foregoing the Township, when authorized by resolution of the governing body, shall institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with § 250-96. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of such land, or within six years if unrecorded.
§ 250-96 Certificate as to approval of subdivision.
A.
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision may apply in writing to the administrative officer for the issuance of a certificate certifying whether such subdivision has been approved by the appropriate municipal agency pursuant to this chapter. Such application shall contain a diagram showing the location and dimensions of the land to be covered by the certificate and the name of the owner thereof.
B.
The administrative officer shall make and issue such certificate within 15 days after receipt of such written application and the fees therefor. Such officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record.
C.
Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
(1)
That there exists in the municipality a duly established Planning Board, and whether there is an ordinance controlling subdivision of land adopted under the authority of the MLUL;
(2)
That the subdivision, as it relates to the land shown in the application, has been approved by the appropriate municipal agency, and if so, stating the date of such approval and any extensions and terms thereof, and that the subdivision of which the lands are a part is a validly existing subdivision; and
(3)
That such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided herein.
§ 250-97 Rights of owner of land covered by certificate or on failure to issue certificate.
A.
Any person who shall acquire for a valuable consideration an interest in the lands covered by a certificate described in § 250-96 hereof in reliance upon the information therein contained shall hold such interest free of any right, remedy or action, which could be prosecuted or maintained by the municipality pursuant to § 250-95.
B.
If the administrative officer fails to issue any such certificate within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action, which could be prosecuted or maintained by the municipality pursuant to § 250-94.
C.
Any such application addressed to the Township Clerk shall be deemed to be addressed to the administrative officer, and the Township shall be bound thereby to the same extent as though the same was addressed to the administrative officer.
§ 250-98 Injunctive relief.
In case any development is undertaken, occupied or used in violation of this chapter or any rule, regulation or order made under the authority of this chapter, or in case such violation is threatened, the Zoning Officer, in his own official behalf, or on behalf of the municipality or any municipal agency or interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such violation, or to restrain, correct or abate such violation or to prevent any illegal act, conduct, business, occupancy or use, in or about the premises that are the subject of the development; provided that no such action or proceeding shall be instituted by the Zoning Officer in any court, other than the Municipal Court, except in case of emergency, unless the governing body shall first have authorized such by resolution.
§ 250-99 Right of entry.
The Zoning Officer, or his representative, shall have the right to enter any premises at any reasonable time for the purpose of making inspections in the course of his duties, or as permitted by law, to investigate violations of this chapter.
§ 250-100 Violations and penalties.
[Amended 6-25-2007 by Ord. No. 2007-10]
A.
Except as otherwise provided in § 250-94, any person who received a notice of violation pursuant to § 250-93, and fails to correct the violations cited within the time period set forth therein shall be subject to a fine not exceeding $2,000, to imprisonment for a term not exceeding 90 days, or community service for not more than 90 days, or any combination thereof; and in the case of continuing violations, each day that such violation continues shall be deemed a separate offense. Any complaint to impose such penalty may be filed in Municipal Court on behalf of the municipality, by the Zoning Officer, any municipal police officer or any interested party.
B.
If the Township chooses to impose a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes, the Township 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.
§ 250-101 Records.
The Zoning Officer shall maintain in his office a record of all zoning permits, all actions, proceedings or complaints taken, instituted or filed by him.
§ 250-102 Monitoring of prior developments.
The Zoning Officer shall monitor and enforce the required implementation of subdivisions, site plans and zoning variances approved under laws or ordinances in effect prior to the adoption of this chapter and superseded hereby, and for such purpose the Zoning Officer shall have all of the powers and duties prescribed in this article.
§ 250-103 Recording of easements.
[Added 1-27-1994 by Ord. No. 5-94]
Whenever the Planning Board of the Township of Old Bridge or the Zoning Board of Adjustment of the Township of Old Bridge imposes a condition of approval upon a developer which requires the developer to convey a conservation easement, such easement shall be both depicted on the approved plan and conveyed in deed form. The form of conveyance made shall be approved by the Board Attorney and the Township Attorney before recordation. Upon approval of the form of such conveyance and simultaneous with the forwarding of such deed to the County Recording Office, copies of such conveyance shall be forwarded to the Township Clerk, the Township Zoning Officer, the Construction Code Official, the administrative officer of the respective board.