Pine Beach City Zoning Code
ARTICLE II
Enforcement and Administration; Permits and Fees
§ 175-7 Enforcement and administration. [1]
§ 175-8 Duties of Zoning Officer. [1]
A.
It shall be the duty of the Zoning Officer to receive and maintain a record of all applications for zoning permits and a record of all zoning permits issued, and a notation of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Borough Council and other borough officials. The Building Inspector shall not issue a permit for the construction of any building or for the use of any property unless and until the Zoning Officer has issued a zoning permit. The Zoning Officer shall not issue a zoning permit unless such building or use conforms to the provisions of this chapter and all other ordinances of the borough. The Building Inspector shall be the construction code official. The Zoning Officer shall be the administrative officer for the borough as described in the Uniform Construction Code Act. (See N.J.S.A. 52:27D-119 et seq.)
B.
The Building Inspector and Zoning Officer shall prepare a monthly report for the Borough Council, summarizing for the period since his last previous report all zoning permits issued and certificates countersigned by him and all complaints of violations and the action taken by them consequent thereto. A copy of each such report shall be filed with the Borough Tax Assessor and Planning Board at the same time it is filed with the Borough Council.
C.
Should the Zoning Officer be in doubt as to the meaning or intent of any provision of this chapter or as to the location of a zone boundary line on the Zoning Map or as to the propriety of issuing a zoning permit or occupancy permit in a particular case, he shall require the applicant to appeal the matter to the Planning Board for interpretation and decision.
§ 175-9 Zoning permits.
[Amended 4-14-1992 by Ord. No. 92-05-426; 12-11-2019 by Ord. No. 19-10-763]
Zoning permits shall be secured from the Zoning Officer prior to construction, erection or alteration of any building or part of a building and for any change in the use of land. A zoning permit shall not be required for any of the following construction or structures: any interior alteration of a building not involving load-bearing walls or partitions or any building or structure exempted by prior ordinance. All requests for zoning permits shall be made, in writing, by the owner or his authorized agent on a form to be supplied by the Zoning Officer, shall include a statement of the use or intended use of the building or land and shall be accompanied by a certified plot plan which shall be prepared and submitted in accordance with the standards established by Article III. Copies of these standards shall be available at the Municipal Building. The Zoning Officer shall issue or deny a zoning permit within 10 business days of a request therefor. If the Zoning Officer fails to grant or deny a zoning permit within this period, the failure shall be deemed to be an approval of the application for the zoning permit.
§ 175-10 Occupancy permits.
[Amended 3-12-1985 by Ord. No. 85-01-329]
A.
New construction (both residential and nonresidential). No land shall be occupied or used, in whole or in part, and no building hereafter constructed, erected or altered shall be occupied or used, in whole or in part, for any use whatever until an occupancy permit has been issued by the Zoning Officer certifying that the use and building, if any, comply with the provisions of this chapter and other ordinances of the borough not in conflict herewith. Occupancy permits shall be granted or denied within 10 days from the date of written application therefor. An occupancy permit issued in accordance with the building code (as modified by the Uniform Construction Code) shall satisfy the provisions hereof. No occupancy permit shall be issued until the application therefor shall have been submitted to the appropriate fire and health officials in the borough by the Zoning Officer and reviewed by them as to compliance with all fire and health codes. Their report shall be considered by the Building Inspector in determining whether to grant the occupant permit.
[Amended 4-14-1992 by Ord. No. 92-05-426]
B.
Residential rentals. All buildings and structures and units thereof leased or rented for living or sleeping purposes, regardless of the term of rental, shall be inspected by the Building Inspector or his duly authorized representative prior to every initial occupancy or change of occupancy, provided that not more than one such inspection shall be required in any calendar year. All buildings, structures and units thereof which are leased or rented but are not currently occupied upon the effective date of this chapter shall be considered, upon occupancy, to be an initial occupancy and be subject to the inspection herein required. All such buildings, structures and units thereof shall comply with the criteria and the inspection procedures set forth in Subsection A of this section. No person shall occupy any leased or rented residential building, structure or unit thereof until a rental occupancy permit has been issued. Such permit shall be conspicuously posted on the premises. The owner, rental agent or manager of all buildings, structures or units thereof which are subject to inspection hereunder shall notify the Building Inspector, in writing, prior to such premises being leased or rented or upon change of occupancy thereof. The Building Inspector shall notify, in writing, the owner, rental agent or manager of the premises if any violations are found to exist. When such violations have been corrected, the owner, rental agent or manager shall notify the Building Inspector thereof and request a reinspection. If, subsequent to the issuance of a rental occupancy permit, the Building Inspector is advised or becomes aware of violations on the premises, he shall make a reinspection without request. If such violations are found to exist, then upon written notice from the Building Inspector, the owner, rental agent or manager shall correct all such violations within 10 days from receipt of such notice. In the event that such violation shall not be corrected within such period, the Building Inspector shall revoke the rental occupancy permit and notify the owner, rental agent, manager and tenant or tenants thereof, and such premises shall be vacated by the tenant or tenants within 10 days after receipt of such notice of revocation.
[Amended 4-14-1992 by Ord. No. 92-05-426]
C.
Resale occupancy permit. No seller shall sell and no purchaser shall purchase or occupy any residential, commercial or business building unless the Building Inspector shall certify the compliance of such building with the criteria stated in Subsection A of this section and shall have issued a resale occupancy permit for the building. The procedures set forth in Subsection B of this section relating to requests for inspections, notices and reinspections shall apply to such resales.
[Amended 4-14-1992 by Ord. No. 92-05-426]
§ 175-11 Application fees.
[Amended 11-13-1979 by Ord. No. 79-06-272; 7-8-1980 by Ord. No. 80-06-278; 3-12-1985 by Ord. No. 85-01-329; 3-21-1988 by Ord. No. 88-06-361; 7-10-1990 by Ord. No. 90-08-397; 4-13-1993 by Ord. No. 93-07-441; 4-12-2001 by Ord. No. 01-03-549; 5-9-2002 by Ord. No. 02-07-565; 9-8-2004 by Ord. No. 04-07-593; 7-13-2005 by Ord. No. 05-16-618; 11-9-2022 by Ord. No. 2022-12-802; 2-12-2014 by Ord. No. 14-02-713; 4-10-2019 by Ord. No. 19-02-755]
For fees related to building, plumbing, for protection and electrical subcodes, see Ch. 63, Building Construction.
Each application for a zoning permit required by this chapter shall be accompanied by a fee in accordance with the following schedule:
A.
Nonresidential new construction: $100.
B.
Nonresidential renovations or alterations: $100.
C.
Residential new construction, renovation or addition: $100.
D.
Fences: $50.
E.
Swimming pools: $100.
F.
Residential storage shed: $50.
G.
Escrow of $500 if there is one foot or more of soil disturbance or at the discretion of the zoning officer.
H.
As Built Survey review: $50.
I.
Any other project not listed above, fee will be at the discretion of the zoning officer, not to exceed $100.
J.
Land Use Board fees to be paid by the applicant as a condition for consideration of applications are fixed as follows:
(1)
Hearings pursuant to N.J.S.A. 40:55D-70a or b: $200.
(2)
Variance applications pursuant to N.J.S.A. 40:55D-70c.
(3)
Use variance applications pursuant to N.J.S.A. 40:55D-70d: $300 plus an additional $150 if any bulk variances are required.
(4)
Minor subdivision applications: $200 plus $50 for each new lot to be created.
(6)
Minor site plan applications: $275.
(8)
In addition to the fees set forth above, any applicant whose application will result in a change of the Official Tax Map of the Borough shall pay the estimated cost of making such change as shall be estimated by the engineer retained by the Borough for maintenance of the Tax Map.
(9)
Inspection of site improvements by engineer; 3% of the cost of the improvements.
(10)
For any application for which a specific fee is not set forth above: $200.
K.
Construction permits as per schedule established through the All Code Agreement for provision of construction code services with the County of Ocean.
§ 175-12 Remedies.
[Amended 4-14-1992 by Ord. No. 92-05-426]
In the event that any building or structure is constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Zoning Officer shall have the power to issue stop, cease and desist orders and the borough, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violations; to prevent the occupancy of said building, structure or land or to prevent any act, conduct, business or use violative of this chapter in the borough.
§ 175-13 Violations and penalties.
[Amended 4-14-1992 by Ord. No. 92-05-426]
Any and every violation of this chapter by the owner, contractor or other person or persons interested as lessee, tenant or otherwise in any building or premises where such violation has been committed or shall exist shall be deemed a separate offense and shall be punishable by one or more of the following: imprisonment not to exceed 90 days, a fine not to exceed $1,000 or community service for a period not to exceed 90 days. Each day of a continuing violation shall constitute a separate violation.