Plainfield City Zoning Code
ARTICLE I
General Provisions and Definitions
§ 17:1-1 Title.
[MC 2002-29 § 17:1-1, December 2, 2002]
A comprehensive ordinance regulating and limiting the uses of land and the uses and locations of buildings and structures; regulating and restricting the height and bulk of buildings and structures and determining the area of yards and other open spaces; regulating and limiting the density of population; dividing the City of Plainfield into zone districts for such purposes; adopting a map of said City showing boundaries and the classification of such zone districts; establishing rules, regulations and standards governing the subdivision of land within the City; establishing a Planning Board, Zoning Board of Adjustment, and Historic Preservation Commission; and prescribing penalties for the violation of its provisions.
§ 17:1-2 Short title.
[MC 2002-29 § 17:1-2, December 2, 2002]
The short form by which this chapter may be known shall be "The Land Use Ordinance of the City of Plainfield."
§ 17:1-3 Purpose.
[MC 2002-29 § 17:1-3, December 2, 2002]
It is the intent and purpose of this chapter to exercise the authority delegated to municipalities under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) to regulate development.
The implementation of the City of Plainfield Master Plan through the provisions of this chapter is intended:
A.
To guide the appropriate use or development of all lands in a manner that will promote the public health, safety, morals and general welfare;
B.
To secure safety from fire, flood, panic and other natural and man-made disasters;
C.
To provide adequate light, air and open space;
D.
To ensure that the development of the City of Plainfield does not conflict with the development and general welfare of neighboring municipalities, the County and State as a whole;
E.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;
F.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
G.
To provide sufficient space in appropriate locations for a variety of residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;
H.
To encourage the location and design of transportation routes that will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion or blight;
I.
To provide a desirable visual environment through creative development techniques and good civic design and arrangements;
J.
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;
K.
To encourage senior citizen community housing construction;
L.
To encourage the coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;
M.
To promote utilization of renewable energy sources;
N.
To promote the maximum practical recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to compliment municipal recycling programs;
O.
To preserve existing residential neighborhoods and to protect and enhance their character;
P.
To encourage development and redevelopment responsive to the needs of the Plainfield community;
Q.
To encourage housing redevelopment and rehabilitation consistent with the City's housing element of the master plan;
R.
To preserve and protect the City's historically and architecturally significant buildings and neighborhoods in accordance with the master plan's "historic preservation element;"
S.
To promote a diverse and strong economy;
T.
To emphasize the Central Business District (CBD) and nodes of economic development identified in the master plan as the primary economic development areas for the City of Plainfield;
U.
To preserve and acquire open space in order to enhance the quality of life in the City of Plainfield in a manner consistent with the "open space/recreation element" of the master plan;
V.
To promote the arts as an important element of the City's culture and character;
W.
To encourage traffic and circulation policies that support land use objectives in accordance with the master plan;
X.
To support the State's redevelopment goals as expressed in the State Development and Redevelopment Plan;
Y.
To monitor areas identified in the land use element of the City's master plan as transitional areas, and to encourage specific actions that will prevent further decline, and;
Z.
To assure that social services are adequate and appropriately located to meet specific community needs.
§ 17:1-4 Scope.
[MC 2002-29 § 17:1-4, December 2, 2002]
The provisions of this chapter shall be held to be the minimum requirements for the health, safety and general welfare of the City of Plainfield.
The provisions and requirements of this chapter shall be held paramount to any corresponding or similar, but less restrictive, provisions and requirements of any existing law, ordinance, rule, regulation, deed restriction or private covenant affecting lands and premises in the City of Plainfield.
§ 17:1-5 Word usage.
[MC 2002-29 § 17:1-5, December 2, 2002]
Words used in the present tense include the future; the singular number includes the plural, and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "zone" includes the word "district"; the word "occupied" includes the word "designed" as well as including the phrase "intended to be occupied;" the word "use" includes the words "arranged" and "designed" and phrase "intended to be used;" and the word "abut" includes the words "directly across from, adjacent and next to."
The word "shall" is mandatory and not directory.
§ 17:1-6 Definitions.
[MC 2002-29 § 17:1-6, December 2, 2002; MC 2004-37, December 20, 2004; MC 2005-25 § 1, December 19, 2005; MC 2006-37, Sched. I, November 22, 2006; MC 2010-16 §§ 1, 2, July 7, 2010; MC 2010-27, §§ 1—3, November 22, 2010; MC 2012-20, November 26, 2012; MC 2013-01, May 13, 2013; MC 2013-13, December 9, 2013; MC 2013-14, December 9, 2013; MC 2017-38, December 11, 2017, moved definitions pertaining to flood damage prevention to Section 17:9-30 Flood Damage Prevention; amended 7-10-2023 by Ord. No. MC 2023-18]
Any word or term not defined below shall first have the meaning set forth in the Municipal Land Use Law. If there is no definition in the Municipal Land Use Law, the word shall have the meaning set forth in the Uniform Construction Code. If not defined in either statute, the word shall have the meaning given in Webster's unabridged dictionary. For the purposes of this chapter, unless the context clearly indicates a different meaning, the following terms shall have the meanings indicated:
The relinquishment of property, cessation of the use of the property or other overt act or failure to act by the owner or lessee with the intention to abandon the use.
A structure or building detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. Where a structure is attached to a principal building by a breezeway, roof, common wall, or the like, such a structure shall be considered part of the principal building.
A use of land or of a structure or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
A measure of land area containing forty-three thousand five hundred sixty (43,560) square feet.
The development of a new use for a building or site. Adaptive reuse is not to be construed to permit the commencement of a use that is not allowed in a particular zone district.
The Director of Planning of the City of Plainfield, except for where this chapter designates specific duties to the Zoning Officer.
An establishment providing for supervision and protection of adults in need of care during the day with no overnight stay provisions.
A building or viewing area(s) used predominantly for presenting photographs, film, books, magazines, videos or live entertainment depicting, describing or relating to sexual activities or anatomical genital areas.
A thoroughfare less than thirty (30) feet in width dedicated for the public use of vehicles and/or pedestrians, which may afford access to property, but is not intended for general traffic circulation.
Any change in the supporting members of a building, bearing walls, columns, beams, girders, or interior partitions, or any addition to or diminution of a building.
Any place or premises where six (6) or more automatic amusement machines are maintained for use and operation by the public.
A device used to transmit and/or receive radio, television or electromagnetic waves between earth- and outer space-based structures.
One (1) of a group of three (3) or more dwelling units in one (1) building.
The list of submission requirements adopted by ordinance and provided by the municipal agency to a developer pursuant to N.J.S.A. 40:55D-10.3. (Ord. No. MC 2013-13 moved this definition from Section 17:3-15.)
The Planning Board, Zoning Board of Adjustment or Historic Preservation Commission of the City of Plainfield.
A room or building devoted to the exhibition of works of art.
The working place of a painter, sculptor, photographer or similar artisan.
A property survey prepared and certified by a licensed land surveyor to reflect the actual location of structures and other improvements constructed on a property.
A facility that is licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining for four (4) or more adult persons unrelated to the proprietor.
An electronic banking outlet, which allows customers to complete basic transactions without the aid of a branch representative or teller.
Any machine, apparatus, contrivance, appliance, or other device, which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for the use as a game, entertainment or amusement, whether or not registering a score. It shall include, but not be limited to, such devices as marble machines, pinball machines, skill ball, mechanical grab machines, baseball or tennis, hockey, or bowling machines, coin-operated electronically controlled games that are carried out on an electronic screen, and all games, operations, or transactions similar thereto.
Any building, land area or premises, or portion thereof, used primarily for auto body work, welding and painting.
The display or sale of new or used motor vehicles of any type.
A facility which is used primarily for the maintenance, servicing, or repair of automobiles but does not involve auto body work, welding, painting or the dispensing of motor fuels.
Any building, land area, or other premises, or portion thereof, used for the retail sale and direct delivery to motor vehicles of fuel and lubricating oil and the making of mechanical repairs.
A use accessory to a permitted automobile service station, dealership, repair, or auto body operation where the principal user tows vehicles related to the principal use. Automobile towing facilities cannot be the principal use of a property.
Any structure with a frame attached to a building or other structure which can be raised to a closed position against the building or structure.
A financial organization that provides direct banking services including but not limited to tellers, drive-through areas and automatic teller machines.
Temporary announcement device constructed of cloth, canvas, fabric or other light material.
A mixed use eating and drinking facility that incorporates multiple uses such as one (1) or more restaurants combined with one (1) or more bars, cocktail lounges, banquet facilities or catering facilities.
An owner-occupied dwelling unit providing between six (6) and fifteen (15) guest rooms for compensation, overnight accommodations and a morning meal.
An owner-occupied dwelling unit providing no more than five (5) guest rooms for compensation, overnight accommodations and a morning meal.
Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind.
The ratio of the horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings on a lot to the total lot area.
A non-basement building: (A) built in an area of special flood hazard to have the top of the elevated floor or when in a coastal high hazard area to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by the means of piling, columns (posts or piers), or shear walls parallel to the flow of the water; and (B) adequately anchored so as to not impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an area of special flood hazard elevated buildings shall also include a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high hazard elevated building shall also include a building otherwise meeting the definition of elevated building, even though the lower area is enclosed by means of breakaway walls.
An area, generally described by building setback lines, depicting the area within which building(s) can be constructed.
The horizontal area contained within the outer dimensions of the foundation walls of a building.
The vertical distance from the average elevation of the original predevelopment grade five (5) feet from the proposed foundation to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the ridge level for gable, hip, and gambrel roofs.
A line formed by the intersection of an exterior wall of a building with the ground.
Any structure, other than an awning or marquee, made of cloth, plastic, metal or other substance and providing a roof-like shelter over a public or quasi- public right- of- way.
A structure used for washing vehicles.
See "basement."
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (C. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
[Added 5-9-2022 by Ord. No. MC 2022-16]
A change in material or design, change in paint color is not considered a change in exterior appearance.
Any use that substantially differs from the previous use of a building or land.
The area between the top of the banks of any watercourse, with or without continuous flow, wherein surface waters are contained under conditions less than flood stage. This area shall also consist of lands lying between two (2) or more branches of the same watercourse.
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
[Added 5-9-2022 by Ord. No. MC 2022-16]
Level 1 operates on a fifteen (15) to twenty (20) amp breaker on a one hundred twenty (120) volt AC circuit.
Level 2 operates on a forty (40) to one hundred (100) amp breaker on a two hundred eight (208) or two hundred forty (240) volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty (60) amp or higher breaker on a four hundred eighty (480) volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
An establishment licensed by the Department of Human Services pursuant to N.J.S.A. 30:5B-1, et seq., providing for the care, supervision and protection of children.
An educational institution authorized by the State to issue associate, baccalaureate or higher degrees.
Facility designed and equipped for the conduct of leisure, sport or other recreational activities operated as a business and open to the public for a fee.
Any commercially registered vehicle except a passenger car. Vehicles normally associated with a commercial use, but not registered for commercial use, shall be deemed commercial vehicles.
Ownership of two (2) or more contiguous lots of real property by one (1) person or persons.
A building used for recreational, social, educational and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency.
Any community residential facility licensed pursuant to P.L. 1977, c. 448 (C. 30:11B-1 et seq.), providing food, shelter and personal guidance, under such supervision as required, to not more than fifteen (15) developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L. 1971, c. 136 (C. 26:2H-1 et al.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this act, "developmentally disabled person" means a person who is developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (C. 30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in R.S. 30:44-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity of having been found unfit to be tried on a criminal charge.
The grant of a property right stipulation that the described land is subject to development restrictions.
A resource in a historic district present during the period of significance and possessing historic integrity or capable of yielding important information about the period as designated in the Historic District Property Classification prepared by the Historic Preservation Commission or which meets the criteria for designation in Article X herein.
See definition of "nursing home."
Alteration in an existing residential structure resulting in an increase in the number of dwelling units.
A Court entirely enclosed by walls or opening on a side lot line.
A Court opening for its full width on a street, front yard, rear yard, or side yard.
An exterior floor system supported by piers, columns or posts.
The permitted number of dwelling units per total area of land to be developed.
A developer as defined by N.J.S.A. 40:55D-4, i.e. the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. (Ord. No. MC 2013-13 moved this definition from Section 17:3-15.)
A document issued by the Zoning Officer which acknowledges that the building, structure, sign, fence, occupancy or use complies with all provisions of this chapter or a duly authorized variance.
An establishment engaged in the receipt, storage and distribution of goods, products, cargo, and materials, including transshipment by rail or motor vehicle.
Any establishment-that sells food or beverages to customers in a motor vehicle.
An establishment that by design, physical facilities, service or by packaging procedures encourages or permits customers to receive service or obtain goods while remaining in their motor vehicles.
A private right-of-way providing access for motor vehicles to a garage, dwelling, other building or use from a street or other right-of-way.
An establishment that launders or dry cleans fabric, textiles, wearing apparel, or similar articles, including drop-off of articles by customers or cleaning of articles dropped off at other locations.
A two-unit dwelling sharing a common horizontal or vertical separation with independent means of ingress and egress for each unit.
A building on single lot containing two (2) dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof, or an unpierced ceiling and floor extending from exterior wall to exterior wall except for a common stairwell.
A building or entirely self-contained portion thereof intended or designed for nontransient residential use by a single housekeeping unit, (A) separated from all other spaces by lockable doors, (B) having access to the outside without crossing another dwelling, (C) having any cooking facilities, fixed or portable, or food refrigeration facilities, and (D) having any sanitary facilities. A house trailer, a boarding or rooming house, convalescent home, fraternity or sorority house, hotel, inn, lodging, nursing, or other similar home, or other similar structure shall not be deemed to constitute a dwelling unit.
A building containing a single housekeeping unit that is not attached to any other dwelling by any means.
A grant of one (1) or more of the property rights by the property owner to another person or entity.
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
[Added 5-9-2022 by Ord. No. MC 2022-16]
An element in an infrastructure that supplies electric energy for the recharging of plug-in electric vehicles, including all-electric cars, zip cars, and plug-in hybrids. EVCSs are considered accessory uses to all commercial uses.
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
[Added 5-9-2022 by Ord. No. MC 2022-16]
A single, nonprofit housekeeping unit, which bears the generic character of a relatively stable and permanent functioning unit.
Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day care and which is operated in accordance with N.J.S.A. 40:55D-66.5 et seq. and which provides child care services to no more than five (5) children at any one (1) time excluding children legally related to the provider, children cared for as part of an employment agreement where no payment of care is made.
A barrier of any material or combination of materials erected to enclose, screen or separate areas.
The official action of the Planning Board or Zoning Board of Adjustment taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
Any local, State or national flag.
Design flood (floodway or flood hazard area) is the relative size or magnitude of a flood, expressed as a design discharge in cubic feet per second, which is developed from hydrologic criteria, represents a major flood of reasonable expectancy, reflects both flood experience and flood potential, and is the basis of the delineation of the floodway and the flood hazard area and of the water surface elevations thereof.
That portion of the flood hazard area outside of the floodway which is subject to less severe flooding.
The flood hazard area shall consist of the floodway and flood fringe area, being the areas that are subject to flooding.
The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in a given year.
The greatest flood in a given area for which accurate records are available and/or as determined by the New Jersey State Department of Environmental Protection.
Same as the "flood hazard area".
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
The sum of the gross horizontal areas of all the floors of the building or buildings on a lot measured from the exterior faces of exterior walls equal to or in excess of seven (7) feet six (6) inches or from the center line of party walls separating two (2) buildings, excluding cellar and basement areas used only for storage or the operation and maintenance of the building.
All finished spaces within the exterior walls of a dwelling exclusive of garages, breezeways, unheated porches, cellars and basements having a window area of less than ten percent (10%) of the square foot area of the room. Usable floor area shall include all finished spaces not otherwise excluded above such as: principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic spaces having a clear height of six (6) feet from finished floor level to pitch of roof rafter with a clear height of seven (7) feet six (6) inches from finished floor level to ceiling level over fifty percent (50%) of the area of such attic space.
The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.
The lowest level of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other nonelevation design requirements.
A cart or movable device not larger than two foot width, four foot length and four foot height including wheel height used on the public sidewalks or in public places in which ready to eat food is cooked, wrapped, packaged, processed or portioned for sale or distribution and which is not licensed as a food truck or food trailer. Food carts shall refer to a cart or other movable device that is intended to remain in a stationary location for a period of time.
[Added 12-13-2021 by Ord. No. MC 2021-40]
A non-motorized vehicle not larger than two foot width, four foot length and four foot height including wheel height designed to be pushed, where a person goes from place to place by traveling on public sidewalks, selling ice cream products, frozen confectionary products, water ices, beverages, foods and foodstuffs which, prior to service, require only limited preparation or are prepackaged, where the purpose is to sell or attempt to sell these items to customers from such vehicle or push cart.
[Added 12-13-2021 by Ord. No. MC 2021-40]
A non-motorized vehicle designed to be towed by a motorized vehicle that is registered and is able to be operated on the public streets of the State of New Jersey, in which ready to eat food is cooked, wrapped, packaged, processed or portioned for sale or distribution
[Added 12-13-2021 by Ord. No. MC 2021-40]
A motorized vehicle that is registered and is able to be operated on the public streets of the State of New Jersey, in which ready to eat food is cooked, wrapped, packaged, processed or portioned for sale or distribution.
[Added 12-13-2021 by Ord. No. MC 2021-40]
Collectively, a food cart, food truck, food trailer or frozen dessert truck.
[Added 12-13-2021 by Ord. No. MC 2021-40]
See Mobile Food Vendor
A group of people formally organized for a common interest, usually cultural or religious in nature, with regular meetings, and formal written membership requirements and bylaws, with the objective of promoting the interests of its members.
A motorized vehicle that is registered and is able to be operated on the public streets of the State of New Jersey, in which frozen desserts are carried for purposes of retail sale on public streets or in public places.
[Added 12-13-2021 by Ord. No. MC 2021-40]
A building used for the preparation of the deceased for burial and/or the display of the deceased and rituals connected therewith before burial or cremation.
A detached accessory building, or a portion of a principal building, used primarily for the storage of vehicles owned or used by the occupant of the principal building, or used for the storage of incidental items to which the garage is an accessory.
A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants.
Any security that may be accepted by the City for the maintenance of any required improvements.
An establishment that provides facilities for physical and aerobic exercises, exercise equipment, game courts, swimming facilities, yoga or mental health exercises, and may include saunas, showers and lockers.
The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.
A district, site, building, structure or object significant in American history, architecture, engineering, archeology or culture at the national, State or local level.
A list of historic properties determined to meet criteria of significance specified herein.
Any endeavor carried on for profit in a dwelling unit by a member of the family in residence in accordance with the standards contained in this chapter.
An association of owners of the various properties of a common ownership community, formed under the provisions of a Master Deed, Declaration of Covenants and Restrictions or other legal instrument.
An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, training facilities, medical offices and emergency care facilities.
Any building or portion thereof providing transient lodging accommodations and no cooking facilities containing six (6) or more rooms that are rented or hired out for sleeping purposes for compensation for no more than forty-five (45) consecutive days, with common areas and additional services such as eating, entertainment, recreational and conference facilities, and so constructed that access to and egress from rooms to the outside pass a control desk.
A church, synagogue, temple, mosque or other facility that is used for prayer or formal religious services by a religious congregation.
Any material or structure, including but not limited to gravel, concrete, and asphalt, that prevents or restricts absorption of stormwater into the ground.
The area of a lot for the placement of principal buildings, off-street parking lots, and off-street loading areas which is located within the envelope delineated by the required yards, or buffers of the zone district and which is not encroached upon by, (A) an existing or proposed public right-of-way, (B) an area classified as a floodway or stream corridor by the New Jersey Department of Environmental Protection and Energy or as an area of special flood hazard or floodway, (C) wetlands or any required wetlands transition area pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1, et seq.), except where construction, fill, or disturbance has been authorized pursuant to the Freshwater Wetlands Act, (D) slope areas where the inclination of the land's surface from the horizontal is fifteen percent (15%) or greater for a ten (10) foot interval, or (E) stream corridors.
Those fields of economic activity including construction, manufacturing, warehousing and wholesale trade, that must meet the performance and bulk standards established by this chapter.
Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition. This definition also includes, but is not limited to, unregistered, inoperable vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, machinery, brush, wood and lumber.
Any space, whether inside or outside a building, used for the storage, sale keeping, or abandonment of junk.
Any building, structure, or premises in which cats, dogs or other domesticated animals are kept, boarded, bred or trained for a fee or compensation.
An establishment providing washing, drying, or dry cleaning machines for clothes on the premises for rental use to the general public.
Any off-street space on the same lot available for the loading or unloading of goods.
A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or build upon as a unit.
A lot at the junction of and abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five (135) degrees. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than one hundred thirty-five (135) degrees.
The portion of a lot that is covered by structures and buildings, paved surfaces, and patios except decks and above ground swimming pools.
The mean distance between the front and rear property lines of any lot, measured along a line either parallel to or making equal angles with the side lines.
The length of the street line of a lot.
A line of record bounding a lot that divides one (1) lot from another lot or from a public or private street or any other public space.
The lot line separating a lot from a street right-of-way.
The lot line opposite and most distant from the front lot line. In the case of a corner lot, the lot line opposite the shorter front street line shall be considered the rear lot line.
Any lot line other than a front lot line or rear lot line.
A lot other than a corner lot which adjoins two (2) street lines which are at opposite ends of the lot. A through lot shall be considered to have two (2) front yard lines.
A distance measured at the front yard setback line along a line perpendicular to parallel side lines or making equal angles with both converging side lines. Where a front yard is not required, the lot width shall be measured along the street line. For the purposes of this chapter, lot width shall not be less than lot frontage.
The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (C. 48:25-1 et al.).
[Added 5-9-2022 by Ord. No. MC 2022-16]
A structure transportable in one (1) or more sections which is built on a permanent chassis and designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term manufactured home also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term manufactured home does not include park trailers, travel trailers and other similar vehicles.
Any process whereby the nature, size, or shape of articles or raw materials are changed, or where articles are assembled or packaged.
A permanent, roof-like structure extending from part or all of a building or other structure over a public or quasi-public right-of-way and constructed of some durable material such as metal, glass or plastic.
A building, lot, or land area, used as a private club or social organization not conducted for profit or gain, and which is not an adjunct to or operated by or in connection with or as a public tavern, cafe, restaurant or other like public space.
An intermediate level between the floor and ceiling of any story and covering not more than thirty-three (33%) percent of the floor area of the room in which it is located.
A structure that contains residential and nonresidential uses.
The owner or operator of a food vehicle or pushcart, whether such food or beverages are prepared on-site or elsewhere and transported to the site of the sale.
[Added 12-13-2021 by Ord. No. MC 2021-40]
See "funeral home."
A self-propelled device used for transportation of people or goods over land surfaces.
An institution devoted to the procurement, care, study, and display of objects of lasting interest and value.
The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.
Editor's Note: Ordinance MC 2002-29 which amended this chapter in its entirety became effective December 22, 2002.
An establishment dispensing liquor and meals and providing live entertainment.
A lot, use, activity, sign, structure or building whose area, size, dimensions, location, use or activity does not conform to applicable zone requirements.
An interference with the enjoyment and use of property.
Land, greenhouses or structures used to raise flowers, shrubs and plants for sale.
A nursing home or convalescent home shall mean a nursing home, convalescent home, or boarding home for sheltered care as defined in N.J.S.A. 30:11-8.
A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files and communication equipment.
A structure occupied by one (1) or more practitioners of the medical and related arts.
The tax map of the City of Plainfield.
Located outside the lot lines of the lot in question but within the property which is the subject of a development plan or on a contiguous portion of a street or right-of-way.
Not located on the property that is the subject of a development plan or on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property that is the subject of a development plan or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved, except for buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
An open space area within or related to a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
Repair or exact replacement of any existing improvement provided that the work does not alter the exterior appearance of the structure. The following are some of the activities which are permitted as ordinary maintenance and repairs: (A) identical replacement of existing windows and doors; (B) repairs of existing windows and doors and the installation of storm doors and windows that do not change their design, scale or appearance; (C) maintenance and repair of existing roofing materials involving no change in the design, scale or appearance of the structure; (D) replacement of existing clapboards, shingles or other siding with identical materials and in an identical configuration. Maintenance and repair of existing clapboards, shingles, or other siding including masonry involving no change in the design, scale or appearance of the structure.
A designated area on the premises of a retail food establishment, but outside the principal building, where persons may sit at tables while consuming foods and beverages ordered from the retail food establishment.
The keeping other than in a building of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours.
An open area other than a street or other public road or way, used for the parking of motor vehicles, including access drives or aisles for ingress and egress.
A building or structure consisting of more than one (1) level and used for the temporary storage of motor vehicles.
An improved off-street, ground level open area for the temporary storage of motor vehicles.
A paved or surfaced area for off-street motor vehicle parking.
A level, landscaped, and/or surfaced area on a lot with a principal building and not covered by a permanent roof.
Any security which may be accepted by the City to assure required improvements associated with an application for development will be satisfactorily completed.
Any required City approval for exterior work to any structure or property in a historic district or on a historic site, which exterior work is subject to public view. Permit shall include, but is not limited to a building permit, a demolition permit, a permit to move, convert, relocate or remodel or to change the use or type of occupancy of any structure or property in a historic district which involves exterior changes to the structure or the property on which it is located. All actions requiring a Certificate of Appropriateness as specifically set forth in Section 17:10-10 shall require a permit.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
Any business use that provides services to an individual or group of individuals such as barber shops, pickup/drop off dry cleaning establishments, beauty salons, travel agencies, repair of household goods, instructional training facilities, and substantially similar type uses and does not provide goods for retail sales or consumption.
A roofed, open area attached to and with direct access to or from a building.
Temporary portable storage units designed and used primarily for temporary storage of building materials, household goods, personal items and other materials for use on a limited basis during reconstruction, rehabilitation or other short-term activity requiring temporary storage.
The conferral of certain rights pursuant to the Municipal Land Use Law, prior to final approval of a major site plan or major subdivision, after specific elements of a development have been approved by the delegated approving authority and agreed to by the applicant.
The act or process of applying measures to sustain the existing form, integrity and material of a building or structure, and the landscape features and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.
A building in which the principal use of the lot is conducted.
The primary or predominant use of any lot.
EVSE that has restricted access to specific users (e.g., single and two-family homes, executive parking fleet parking with no access to the general public).
[Added 5-9-2022 by Ord. No. MC 2022-16]
Any person or entity whose principals are required to be licensed by New Jersey Law and who supplies legal representation, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which said individuals practice. (Ord. No. MC 2013-13 moved this definition from Section 17:3-15.)
Any use that is not specifically permitted by this chapter.
The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.
EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multi-family parking lots, etc.).
[Added 5-9-2022 by Ord. No. MC 2022-16]
The use of land or buildings by the City of Plainfield or by any other Federal, State, County or municipal governmental body including the City of Plainfield Board of Education.
A facility for groups to congregate, socialize or celebrate.
The act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object, or any part thereof, as it appeared at a specific period of time.
1) A place for radio or television production; 2) a place for the production or recording of movies or music.
A designated area either within a building, or a space on the exterior of a building, specifically designed to hold waste or recyclable materials.
The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values.
A business that provides repair and maintenance services to electronics, appliances, household goods, and substantially similar products, and provides goods for retail sales or consumption as accessory to the principal use.
An establishment for conducting investigation in the natural, physical, or social sciences, which may include engineering and product development.
Any establishment at which the principal use is the selling of food for consumption on the premises.
The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
Establishments engaged in selling goods or merchandise to the general public for consumption, which may include rendering services incidental to the sale of such goods.
A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, and other similar uses.
A line separating a right-of-way from abutting properties.
A structure containing a guest room or rooms provided to two (2) or more persons for compensation.
See "townhouse."
A center which provides significant facilities and services specifically designed to address the physical or social needs of persons aged fifty-five (55) years or older.
The distance between the building and any lot line.
That line that is the required minimum distance from any lot line and that establishes the area within which the structure must be located.
A commercial establishment which as one (1) of its principal business purposes offers for sale, rental, or display any of the following: books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a "specified sexual activity" or "specified anatomical area;" or still or motion picture machines, projectors or other image-producing devices which show images to one (1) person per machine at any one (1) time, and where the images so displayed are characterized by the depiction of a "specified sexual activity" or "specified anatomical area;" or instruments, devices, or paraphernalia which are designed for use in connection with a "specified sexual activity;" or (2) A commercial establishment which regularly features live performances characterized by the exposure of a "specified anatomical area" or by a "specified sexual activity," or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a "specified sexual activity" or "specified anatomical area."
A designated area of the public right-of-way where patrons may sit at tables while consuming food and beverages ordered from the retail food establishment.
Any name, identification, description, display or illumination which is affixed to or painted on or represented directly or indirectly upon a building, structure or parcel of land, and which directs attention to a person, organization, institution, activity, event, place, object, product, commodity, business, entertainment, service or profession or which conveys any message, notice or greeting.
SIGN, AWNINGA sign that is mounted, painted, attached to or part of an awning.
SIGN, CONTRACTORA temporary sign that identifies the tradesperson or architect of a specific improvement on the property for which the improvement is being made.
SIGN, DIRECTORYA ground or wall sign listing the tenants or occupants of a building or group of buildings and that may indicate their respective professions or business activities.
SIGN, FLASHINGA sign, the illumination of which is not kept constant in intensity at all times.
SIGN, FREESTANDINGA single or double-faced sign not attached to a building, and with an upright base extending from the ground.
SIGN, GROUNDAny sign, other than a freestanding sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure.
SIGN, ILLUMINATEDA sign having characters, letters, figures, designs or outlines illuminated by electric light or luminous tubes as a part of the sign.
SIGN, INDIRECTLY ILLUMINATEDAn illuminated, nonflashing sign whose illumination is derived from an external artificial source and is so arranged that no direct rays of light are projected from the artificial source into an area where anyone resides or into any public street or public way.
SIGN, POLITICALA temporary sign denoting a political campaign headquarters, party affiliation, cause or candidate.
SIGN, PORTABLEA sign that is not securely affixed to the ground or otherwise affixed in a permanent manner to a building or other structure.
SIGN, POSTA sign that is mounted on a freestanding post.
SIGN, PROJECTA temporary sign intended to identify a project under construction, which may include the project name, general contractor, architect and prime real estate agent.
SIGN, PROJECTINGA sign that is wholly or partly dependent on a building for support and that projects more than nine (9) inches from such building.
SIGN, PUBLIC PURPOSEA sign designed to promote the public health, safety and welfare, including official government notices, government signs, signs to control and direct traffic on public streets, street identification signs, signs erected by public utility companies to warn of dangerous or hazardous conditions and political signs.
SIGN, READER BOARDA temporary, portable sign that incorporates changeable lettering and is intended primarily for advertising or announcement purposes.
SIGN, REAL ESTATEA sign pertaining to the sale or lease of the premises, or a portion thereof, on which the sign is located.
SIGN, RESIDENTIAL DEVELOPMENTA sign identifying a residential major subdivision, condominium, apartment or townhouse complex, and located entirely on the property which it is identifying.
SIGN, RESIDENTIAL NAMEPLATEA wall sign permitted for the sole purpose of identifying the inhabitant residing therein, the house name and/or identifying the address of the house.
SIGN, ROOFA sign that is mounted on the roof of a building or is wholly dependent on a building for support, and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof, or the deck line of a building with a mansard roof.
SIGN, SIDEWALKA temporary, movable, nonilluminated sign located within the public right-of-way that is not permanently affixed to a wall, structure or to the ground.
SIGN, TRAFFIC CONTROLA permitted sign for the purpose of identifying private parking areas and directing the flow of traffic on private property.
SIGN, WALLA sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of the wall.
SIGN, WINDOWA sign which is part of or affixed or attached to the interior or exterior of a window or otherwise part of a window and located within eighteen (18) inches of the interior of the window and which can be seen from public street or public parking facility.
The enlargement, extension or relocation of an existing sign or support structure.
The entire area within a contiguous perimeter enclosing the limits of a sign and including the frame of the sign, but not including structural elements outside the limits of such sign, which do form an integral part thereof.
The area or display surface used for the message.
The routine maintenance and painting of existing, approved signs, that does not change the approved design or increase the total sign area.
All frames, glass or other coverings, gooseneck arms, light bulbs, lights, shields, shades, reflectors, supports, brackets, braces, screws, bolts, fastenings or other items or devices which constitute a part of the support system for any sign, awning, canopy or marquee.
A development plan of one (1) or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to Article VIII of this chapter.
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if covered.
The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or (2) Any actual or simulated act of human masturbation, sexual intercourse or deviant sexual intercourse.
An accessory construction that is exclusively used by the occupant of the principal building to which it is incidental, and contains items customarily associated with residential use such as personal items, lawnmowers, tools and hardware.
That portion of a building consisting of at least seven (7) feet of vertical height, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. If the ceiling or underside of supporting members is less than four (4) feet above average grade of any space, then that space shall not be considered a story nor counted as floor area.
A space under a pitched roof at the top of a building, the floor of which is not more than two (2) feet below any plane, which will not qualify for living space under BOCA (Building Officials and Code Administrators International, Inc.).
Any river, stream, pond, lake or wetland, together with adjacent upland areas, that supports protective bands of vegetation that line the water's edge.
A combination of materials constructed for use, occupancy, or ornamentation whether installed on, above, or below the surface of land.
The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act, if no new streets are created: (A) divisions of land found by the approving authority to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size, (B) divisions of property by testamentary or in testate provisions, (C) divisions of property upon court order, including but not limited to judgments of foreclosure, (D) consolidation of existing lots by deed or other recorded instrument and (E) the conveyance of one (1) or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
Any subdivision not classified as a minor subdivision.
A subdivision of land for the creation of not more than three (3) lots, provided such subdivision does not involve (A) a planned development, (B) any new street or (C) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
Any repair, reconstruction or improvement of a structure, where the costs exceeds or equals fifty (50%) percent of the market value of the structure either: (A) before the improvements or repair is started, or (B) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition substantial improvement is considered to occur when the first alteration of any wall ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
A property survey prepared and certified by a licensed land surveyor to reflect the actual location of structures and other improvements constructed on a property.
An accessory structure whether located above or below the ground, designed and maintained for swimming and bathing purposes by a private residence for use by household members and guests, having a depth of more than eighteen (18) inches and/or a water surface in excess of one hundred (100) square feet.
A swimming pool which is located above ground level, otherwise not permanently installed, does not require water filtration, circulation and purification, does not exceed a water surface of one hundred (100) square feet, and does not require braces or supports.
An establishment at which the primary use is the serving and consumption of liquor by the drink to the general public on-site as a principal use. Any establishment possessing a liquor license shall be considered a tavern, absent credible evidence presented to the contrary. Such establishment shall not conduct distribution activities and shall not include "night clubs" as that term is defined elsewhere in this chapter.
A building designed for the presentation and viewing of live performances and/or motion pictures. An adult entertainment venue shall not be considered a theater.
The top six (6) inch layer of arable soil.
A one-family dwelling in a row of at least three (3) such units in which each unit has its own front and secondary access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more vertical common fire-resistant walls.
A wheel-based noncommercial structure that is used for the transportation or storage of goods or materials, as a construction office, or for temporary short-term habitation in case of calamity.
The purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
A wall constructed of stone or other material erected for the sole purpose of providing a decorative and/or landscaped feature, and not to include structural support walls, retaining walls or any other walls constructed for a purpose other than aesthetics.
A building used primarily for the storage of goods and materials, which shall also meet any Federal, State and/or local laws or requirements pertaining to the purposes of the storage in question.
A structure that facilitates personal wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC licensed commercial wireless telecommunications services such as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or may be developed in the future.
An open, unoccupied space (unless occupied by a structure hereinafter specifically permitted) extending across the full width of the lot and lying between the street line and the foundation line of the principal structure. All yards abutting a street shall be considered a front yard. A front yard is not measured to the front of a porch, but to the main foundation line of the principal structure.
An open, unoccupied space (unless occupied by an accessory structure) extending across the full width of the lot between the rear lot line and the building line of the principal structure.
An open, unoccupied space (unless occupied by an accessory structure) extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the building line of the principal structure.
When used in the TODD Zones, the word "zone" is synonymous with the word "district."
When used in the TODN Zones, the word "zone" is synonymous with the word "district."
An agent appointed by the City Council who shall be responsible for the administration and enforcement of the provisions, requirements, regulations and standards contained in this chapter and who shall have such other duties and responsibilities as may be herein specified or assigned by an appropriate body.
§ 17:1-7 Administrative procedures.
[MC 2002-29 § 17:1-7, December 2, 2002]
The Planning Board, Zoning Board of Adjustment and Historic Preservation Commission shall adopt, and shall amend, reasonable rules and regulations consistent with N.J.S.A. 40:55D-8a, of this chapter for the administration of its functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee, as established by Article XIII of this chapter. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the City Clerk and Board Secretary.
§ 17:1-8 Meetings.
[MC 2002-29 § 17:1-8, December 2, 2002]
See N.J.S.A. 40:55D-9.
§ 17:1-9 Public meetings and minutes.
[MC 2002-29 § 17:1-9, December 2, 2002; MC 2005-25 § 1, December 19, 2005]
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law (N.J.S.A. 10:46-6 et seq.) and this chapter, and in accordance with N.J.S.A. 40:55D-12. An executive session for the purpose of discussing and studying matters to come before either Board shall not be deemed a regular or special meeting.
Minutes of every regular or special meeting of both Boards shall be kept in accordance with N.J.S.A. 40:55D-9. Any interested party shall be charged a fee for the reproduction of minutes as provided for in Article XIII of this chapter.
§ 17:1-10 Hearings.
[MC 2002-29 § 17:1-10, December 2, 2002]
See N.J.S.A. 40:55D-10 and N.J.S.A. 40:55D-10.2.
§ 17:1-11 Notice requirements for hearing.
[MC 2002-29 § 17:1-11, December 2, 2002; MC 2013-14, December 9, 2013]
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter, when an appeal of an administrative officer's decision has been made, the applicant shall give notice in accordance with N.J.S.A. 40:55D-11 and N.J.S.A. 40:55D-12. The following exceptions do not require notice:
§ 17:1-12 Certified list of property owners.
[MC 2002-29 § 17:1-12, December 2, 2002]
See N.J.S.A. 40:55D-12c.
§ 17:1-13 Notice concerning Master Plan.
[MC 2002-29 § 17:1-13, December 2, 2002]
See N.J.S.A. 40:55D-13.
§ 17:1-14 Action on capital improvement or Official Map.
[MC 2002-29 § 17:1-14, December 2, 2002]
See N.J.S.A. 40:55D-15.
§ 17:1-15 Filing of development regulations.
[MC 2002-29 § 17:1-15, December 2, 2002]
See N.J.S.A. 40:55D-16.
§ 17:1-16 Conditional approvals.
[MC 2002-29 § 17:1-16, December 2, 2002]
See N.J.S.A. 40:55D-22.
§ 17:1-17 Tolling of running of approval.
[MC 2002-29 § 17:1-17, December 2, 2002]
See N.J.S.A. 40:55D-21.
§ 17:1-18 Administrative officer.
[MC 2002-29 § 17:1-18, December 2, 2002; MC 2005-25 § 1, December 19, 2005]
The administrative officer shall review all applications for development to ensure they meet the requirements of this chapter except for those sections where another official is specifically given enforcement or administrative responsibilities. The administrative officer for the Planning Board, the Zoning Board of Adjustment and the Historic Preservation Commission shall be the City Planner/Director of the Division of Planning and Community Development.
§ 17:1-19 Enforcement.
[MC 2002-29 § 17:1-19, December 2, 2002]
The City Council shall enforce this chapter and any ordinance or regulation made and adopted hereunder. To that end, the City Council may require the issuance of specified permits, certificates or authorizations as a condition precedent to:
A.
The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any structure;
B.
The use or occupancy of any structure or land; and,
C.
The subdivision or resubdivision of any land.
D.
The City Council hereby establishes an administrative officer and offices for the purpose of issuing such permits, certificates and authorizations upon the submission of such data, plans, plats and information as is authorized hereunder and upon the express approval of the appropriate State, County, or City agencies, and may establish reasonable fees to cover administrative costs for the issuance of such permits, certificates and authorizations. In case any structure is erected, constructed, altered, repaired, converted, or maintained or any structure or land is used in violation of any section of this chapter, the Zoning Officer of the City or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
§ 17:1-20 Enforcement by Zoning Officer.
[MC 2002-29 § 17:1-20, December 2, 2002]
The Zoning Officer is hereby given the duty, power and authority to enforce the provisions of this chapter. The Zoning Officer shall in no case, except upon a written order of the appropriate approving authority, approve a development permit for the erection or structural alteration or occupancy of any structure or land where the proposed erection, structural, alteration or use thereof would be in violation of any of the provisions of this chapter. The Zoning Officer shall examine all applications for permits and together with the administrative officer and the Construction Official issue such permits as may be required for the construction, alteration, enlargement, and occupancy of all uses and structures which are in accordance with the requirements of this chapter. The Zoning Officer shall also deny, and file all applications for permits, with accompanying plans and documents, that are not in accordance with this chapter for the review of the Planning Board, Board of Adjustment or Historic Preservation Commission. The Zoning Officer, Director of Planning and Construction Official shall maintain records of all applications, plans and documents filed for permits and make such reports to the Boards as may be required.
In accordance with the above enforcement powers, the Zoning Officer, upon becoming aware of a violation of this chapter, is to forward a letter to the owner of the property upon which the violation has been found to exist and request immediate compliance with this chapter, or the halting of the construction activity, within ten (10) days of the date of the letter. If no, or an inadequate, response is received from the property owner within that time, the Zoning Officer is to forward a certified letter to the property owner requesting compliance within ten (10) days from the date of the receipt of the letter and advise that fines may be imposed for failure to comply with this chapter. If the violation is not resolved within that time period, and the Zoning Officer is not satisfied with any attempts by the owner to resolve the violation, a summons is to be issued to the property owner and a complaint is to be prosecuted through the Municipal Court. Every ten (10) days after the initial summons is issued, and compliance is not achieved, the Zoning Officer is to issue an additional summons for the violation. Every day of noncompliance is deemed an additional offense subject to the reissuance of a separate summons. This procedure does not, in any way, restrict the ability of the Zoning Officer to impose a "stop work order" upon a project at any time and seek immediate resolution of the matter if a determination is made that it is the appropriate course of action.
§ 17:1-21 Records.
[MC 2002-29 § 17:1-21, December 2, 2002]
It shall be the duty of the Zoning Officer to maintain records of all applications for development permits together with a notation of all special terms or conditions imposed thereunder. These records shall be maintained within the confines of City owned or designated property. The Zoning Officer shall be responsible for the filing and safe keeping of all plans and specifications submitted with any applications and the same shall form a part of the records of his office and shall be available to all officials of the City. Duplicate copies of any permits or certificates shall be furnished to any person who shall have a right thereto by law, upon payment of a fee as specified in Article XIII of this chapter.
§ 17:1-22 Violations.
[MC 2002-29 § 17:1-22, December 2, 2002]
For any violation of this chapter, or any approval by an approving authority, including, but not limited to the erection or alteration of a structure prior to obtaining a development permit, the utilization of any land prior to obtaining a development permit, the use or occupancy in whole or in part of any structure in which the nature of the use has been changed, or wherein there has been a modification of utilization, or which has been erected or altered, the use or occupancy in whole or in part of any land on which the nature of the use has been changed, or whereon there has been a modification of utilization or upon which an improvement has been made prior to obtaining a development permit, the Plainfield City Council, the Zoning Officer or other proper official, in addition to other remedies may institute any appropriate legal action or proceedings to prevent unlawful erection, repair-, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said structure, or land, or to prevent any illegal act, conduct, business or use about such premises. Each day the violation shall continue after notice and reasonable opportunity to correct or remedy the violation has been given shall constitute a separate violation. Imposition of fines or imprisonment shall be at the discretion of the Municipal Court, except when the Plainfield City Council has legislated otherwise.
§ 17:1-23 Penalties and Fines.
[Added 3-11-2024 by Ord. No. MC 2024-10]
For any and every violation of this chapter, the property owner, contractor or other person or persons interested as lessees, tenants or otherwise in any building or structure, land or premises where such violation has been committed or continues to exist, shall be subject to the following penalty at the discretion of the court having jurisdiction over the matter.