Pohatcong Township City Zoning Code
ARTICLE VI
Enforcement and Administration
§ 285-40 Zoning permits, building permits and occupancy permits.
[Added 12-21-2004 by Ord. No. 04-36[1]]
A.
Zoning permit.
(1)
Issuing authority for zoning permit. The Zoning Officer shall be the issuing and enforcing authority for zoning permits. Violations and penalties shall be as defined in this chapter. The Zoning Officer may consult with the Township Engineer if deemed necessary to properly administer of the provisions of this chapter.
(2)
Zoning permit required. A zoning permit shall be required prior to the commencement of a use on a property or a change in use on a property, or the construction, reconstruction, alteration, relocation, expansion or conversion of a structure or a building. The issuance of such permit by the Zoning Officer shall acknowledge that such use, structure or building complies with the provisions of the Zoning Ordinance or that a variance has been granted by the Pohatcong Township Land Use Board.
(3)
Requirements for zoning permit. The applicant shall apply for a zoning permit by providing the following information to the Zoning Officer:
(a)
For single-family residential lots:
[1]
Completed zoning permit application and filing fees pursuant to Chapter 45, Land Use Procedures, of the Pohatcong Township Code.
[2]
Plan containing the following information:
[a]
Survey certified by licensed New Jersey land surveyor showing the lot boundary and the location and setback dimensions of existing and proposed structures, including but not limited to buildings, signs, fences, sheds, decks, patios, pools, driveways, parking areas, sidewalks, etc.
[b]
Proposed use of all buildings and structures.
[c]
Details and dimensions of proposed buildings and structures, including plan and elevation views.
[d]
Documentation that the lot has sufficient usable yard area as required in § 285-26H of the Pohatcong Township Code.
[e]
Location of existing and proposed utility connections, including sanitary sewer, water, electric, telephone, well, septic system, as applicable
[3]
Copies of the following permits, as applicable:
[a]
New Jersey State well permit pursuant to N.J.A.C. 7:9D.
[b]
Water service permit from the water purveyor.
[c]
Permit to construct/alter/repair an individual subsurface sewage disposal system pursuant to N.J.A.C. 7:9A.
[h]
Flood damage prevention permit pursuant to Chapter 146, Flood Damage Prevention, of the Pohatcong Township Code.
[i]
Land disturbance permit pursuant to § 245-14 of the Pohatcong Township Code for lots which are part of a minor or major subdivision.
[j]
Any other permits required by other agencies.
[4]
Resolution of approval by the Land Use Board documenting the following:
[Amended 3-21-2006 by Ord. No. 06-6]
[a]
That the lot, the approved use, proposed buildings, structures, signs, fences, etc., as applicable, have been approved by the Board if variances from provisions of the Zoning Ordinance are required.
[b]
That the development of the lot received approval from the Board and indicating any conditions of the approval if the lot was part of a development application.
(4)
Duration of zoning permit. A zoning permit shall be valid for a period of one year from date of issuance and shall automatically expire unless the activity for which the permit was issued shall have been actually commenced within such period and shall have been diligently pursued.
B.
Building permits.
(1)
Issuing authority for building permits. The Construction Code Official shall be the issuing and enforcing authority for building permits in accordance with the New Jersey Uniform Construction Code. Violations and penalties shall be as defined in the New Jersey Uniform Construction Code and as defined in this chapter.
(2)
Building permit required. A building permit shall be required to construct, enlarge, repair, renovate, alter, reconstruct or demolish a structure, or change the use of a building or structure or portion thereof, or to install or alter any equipment for which provision is made or the installation of which is regulated by the New Jersey Uniform Construction Code at N.J.A.C. 5:23. Such application shall be submitted to the Construction Code Official in accordance with the requirements in N.J.A.C. 5:23. The issuance of a building permit by the Construction Code Official shall acknowledge that the activity for which application has been made complies with the provisions of the New Jersey Uniform Construction Code.
(3)
Additional information required for building permit. No building permit shall be issued by the Construction Code Official unless the applicant has provided, in addition to the information required pursuant to the New Jersey Uniform Construction Code, a copy of a zoning permit issued by the Zoning Officer pursuant to the requirements of this chapter.
(4)
Duration of building permit. The duration of a building permit shall be in accordance with the New Jersey Uniform Construction Code.
C.
Certificate of occupancy.
(1)
Issuing authority for certificate of occupancy. The Construction Code Official shall be the issuing and enforcing authority for certificates of occupancy. Violations and penalties shall be as defined in the New Jersey Uniform Construction Code and as defined in this chapter.
(2)
Certificate of occupancy required. No building or structure shall be used or occupied or any change in use of a building or structure permitted unless a certificate of occupancy has been issued by the Construction Code Official pursuant to the New Jersey Uniform Construction Code at N.J.A.C. 5:23. The application for a certificate of occupancy shall be submitted to the Construction Code Official in accordance with the requirements of the New Jersey Uniform Construction Code.
(3)
Additional information required for certificate of occupancy. No certificate of occupancy shall be issued by the Construction Code Official unless the Construction Code Official has determined that the applicant has satisfied all applicable requirements of the New Jersey Uniform Construction Code and that he has received written approval from the Zoning Officer documenting that the applicant has complied with all conditions of the zoning permit issued pursuant to the requirements of this chapter. In order to document compliance with the zoning permit, the applicant shall be required to submit the following information to the Zoning Officer.
(a)
For single-family residential lots:
[1]
An as-built survey certified by a licensed New Jersey land surveyor sufficient to show that the location, size, height, etc., of all improvements comply with the zoning permit which was issued pursuant to the requirements of this chapter.
[2]
Evidence of the satisfactory completion of all improvements required in connection with the zoning permit which was issued for the project pursuant to this chapter, including but not limited to Warren County Health Department approval of the water supply, Warren County Health Department approval to operate a septic system and approval by the issuing authority of any street opening, sanitary sewer connection, driveway construction or any required floodproofing measures.
[3]
Evidence of compliance with all conditions of approval of a memorializing resolution adopted by the Pohatcong Land Use Board for any lot which was the subject of a land development or variance application before the Land Use Board
(b)
For single-family residential lots which are part of a major subdivision and for minor and major site plans:
[1]
All information as required for single-family residential lots.
[2]
Written documentation from the Township Engineer of the satisfactory completion of all improvements as required in § 245-15C of the Pohatcong Township Code, including any nonessential improvements.
[3]
Written documentation from the Township Engineer that he has received and has approved as-built plans for improvements as required in § 245-15D of the Pohatcong Township Code.
[4]
Copy of a resolution of the governing body accepting improvements which have been offered for dedication to the Township and a copy of a resolution approving deeds of dedication for the underlying lands as required in § 245-15E of the Pohatcong Township Code.
[5]
A suitable maintenance guarantee which has been approved by the governing body covering any improvements which are to be owned by the Township.
(4)
Temporary certificate of occupancy. If requested by the applicant, the Construction Code Official may issue a temporary certificate of occupancy if the application complies with the applicable provisions of the New Jersey Uniform Construction Code and, in the case of single-family residential lots which are part of a major subdivision and in the case of a minor or major site plan, if confirmation is received from the Township Engineer of the following:
(a)
The satisfactory completion of all improvements, except those considered to be nonessential. Nonessential improvements are the pavement surface course, sidewalks, monuments and landscaping.
(b)
The posting of a suitable performance guarantee which has been approved by the governing body covering the cost of all improvements which have not been completed.
(c)
The applicant and prospective owner of the lot in question have entered into an agreement with the Township, acceptable to the governing body, to hold the Township, its officials and professionals harmless for any accident, injury or other occurrences of liability which may occur as a result of occupancy prior to the completion of all improvements.
§ 285-41 Enforcement and administration.
[Amended 12-21-2004 by Ord. No. 04-36]
Enforcement and administration shall be as provided in Chapter 4, Administration of Government, of the Pohatcong Township Code.