Raritan Township City Zoning Code
ARTICLE XXII
Administration and Enforcement
§ 296-183 Enforcement officers.
[Amended 9-2-2025 by Ord. No. 25-34]
A.
The Land Use Enforcement Officer shall have the responsibility to enforce Part 3, Zoning, of this chapter.
B.
The Township Planner shall have the responsibility to issue zoning permits in the capacity as the Land Use Enforcement Officer and is hereby designated as Deputy Land Use Enforcement Officer and shall have the same duties and responsibilities concerning the enforcement of Part 3, Zoning, of this chapter as the Land Use Enforcement Officer.
§ 296-184 Zoning permits.
[Amended 12-18-2018 by Ord. No. 18-31; 11-18-2020 by Ord. No. 20-30; 9-6-2022 by Ord. No. 22-18; 9-2-2025 by Ord. No. 25-34]
A.
Purpose. To ensure compliance with the provisions of this chapter, no person shall erect, alter or convert any structure or building or part thereof, nor alter the use of any land, subsequent to February 12, 1979, until the proper zoning permit has been issued by the Land Use Enforcement Officer.
B.
Issuance. It shall be the duty of the Land Use Enforcement Officer to issue the proper zoning permit when he or she is satisfied that the structure, parking area or other use requiring a permit conforms to all requirements of this chapter.
C.
Existing permitted uses. Upon written request from the owner, tenant, occupant or purchaser under contract, the Land Use Enforcement Officer, after inspection, shall issue a zoning permit for a use legally existing on February 12, 1979, certifying the extent and type of use and whether any such existing use conforms to the provisions of this chapter.
D.
Change of use or tenant. No owner, tenant or other person shall use or occupy any nonresidential building, structure or land, the use or tenancy of which shall be changed, without first procuring a certificate of occupancy. A rental facility providing storage units for warehousing of goods where such individual storage units do not exceed an area of 200 square feet may change tenancy without the necessity of obtaining a certificate of occupancy.
E.
Denial. When the Zoning Permit Officer is not satisfied that the applicant's proposal will meet the requirements of this chapter, he or she shall refuse to issue a permit and shall so notify the applicant in writing, giving the reasons for denial. The applicant may appeal to the Zoning Board of Adjustment for a reversal of modification of the official's decision.
F.
If it shall appear, at any time, to the Land Use Enforcement Officer that the application or accompanying plan is in any respect false or misleading, or that work is being done upon the premises differing materially from that called for in the application filed with him or her under existing laws or ordinances, he or she may forthwith revoke the permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the Land Use Enforcement Officer.
G.
Notwithstanding the foregoing, the Township's Construction Code Enforcement Department shall accept zoning permit waivers in lieu of a zoning permit for generators, central air-conditioning units and propane tanks if said facilities are replacing existing devices and are installed in the same location as the preexisting devices.
H.
Cottage food operators and establishments.
(1)
Purpose. The purpose of this subsection is to provide a uniform set of procedures for administering the issuance, renewal and revocation of zoning permits for cottage food operators having obtained a cottage food operator permit in accordance with N.J.A.C. 8:24-11 et seq., where not otherwise permitted in the subject property's zoning district. For the purposes of this subsection, the definition of "cottage food product" and "cottage food operator" shall have the same meanings as set forth in N.J.A.C. 8:24-1.5.
(2)
Permit application; application fees. All applications for zoning permits for cottage food operations shall be made to the Land Use Enforcement Officer on a form established by the Township, along with a fee of $50. This form shall be provided to an applicant upon request, and shall contain the following information:
(a)
Applicant's name and business trade name (if applicable).
(b)
Applicant's residential street address, which must be the same as the location of the kitchen at which the applicant will prepare cottage food products.
(c)
Applicant's mailing address if different than applicant's residential address.
(d)
Applicant's contact information, including but not limited to applicant's telephone number and email address at which applicant will receive official communications from the Township.
(e)
Applicant's state-issued cottage food operator permit number, date of issuance and date of expiration. A copy of the applicant's state-issued cottage food operator permit shall be provided along with the submission of the zoning application.
(f)
A description of the nature of cottage food products and related goods to be prepared on applicant's premises, as well as a description of the method of anticipated distribution of said cottage food products.
(g)
Name of the applicant's homeowner's insurance policy carrier or renter's insurance policy carrier, the amount of insurance and the expiration date of the policy. A copy of the applicant's homeowner's or renter's insurance declaration page shall be provided to the Township along with the submission of the zoning application.
(3)
Permits. Zoning permits for cottage food operations having obtained a state-issued cottage food operator permit shall be issued if the application is complete and meets all requirements and regulations set forth in this subsection.
(4)
Permit display. The cottage food operator shall prominently display the Township-issued zoning permit and state-issued cottage food operator permit in a location clearly visible to customers.
(5)
Permit transferability. Zoning permits for cottage food operations and state-issued cottage food operator permits shall be applicable to only the operator or entity and residential street address to which they were issued. Permits shall not be transferable to another person, entity or property.
(6)
Permit duration and renewal. All zoning permits for cottage food operations shall expire on the same date of the state-issued cottage food operator permit. Zoning permits are renewable upon expiration of the state-issued cottage food operator permit with submission of the zoning application and a fee of $25.
(7)
Traffic relating to on-site pick-up. On-site customer pick-up of cottage food products at a residential address is only permitted during the hours of operation as prescribed in the zoning permit. A maximum of one car per every 15 minutes is permitted during hours of operation for on-site customer pick-up of cottage food products at a residential address and surrounding neighborhood, when applicable. A cottage food operator shall take reasonable efforts to minimize traffic resulting from its customers to minimize safety risks and hazards resulting from increased neighborhood traffic.
(8)
On-site consumption. On-site consumption of cottage food products by customers at the residential address of cottage food operators is strictly prohibited in accordance with N.J.A.C. 8:24-11.3(a)(1)(i).
(9)
Signage. Signage pertaining to cottage food operations is strictly prohibited at a residential address and surrounding neighborhood.
(10)
Hours of operation. The hours of operation for any cottage food operator shall not exceed, but may be less than, the following:
(a)
Customers. A cottage food operator is only permitted to have customer pick-up of cottage food products during the hours of 8:00 a.m. to 8:00 p.m.
(b)
Deliveries. A cottage food operator is only permitted to receive deliveries relating to its cottage food operations during the hours of 8:00 a.m. to 8:00 p.m.
(11)
Deliveries. Cottage food operators may only receive and accept deliveries (such as food and materials relating to the production, distribution and/or sale of cottage food products) from standard delivery vehicles not to exceed a six-wheel truck.
(12)
Inspections. The Township Zoning Officer and/or Health Officer are authorized to enter upon, examine and survey a cottage food operator's premises, including the home kitchen of a cottage food operation, and things thereof, including materials, equipment, books and records, upon reasonable notice, during the hours of operation as provided for in a cottage food operator's license/permit.
(13)
Revocation and/or suspension of permit. Any zoning permit for a cottage food operator issued under the terms and provisions of this subsection may be suspended or revoked by the Township Land Use Enforcement Officer and/or Health Officer for any of the following causes:
(a)
The violation by the cottage food operator of any provision of this subsection or N.J.A.C. 8:24-11 et seq.
(b)
Revocation and/or suspension of a state-issued cottage food permit.
(c)
Fraud or misrepresentation in any application for a permit.
(d)
Conduct of the permitted activity, whether by the licensee or his or her agents or employees, in an unlawful manner or in a manner that constitutes a breach of the peace or an immediate or serious threat to the public health, safety or general welfare.
§ 296-185 Construction permits.
[Amended 9-2-2025 by Ord. No. 25-34]
A.
No construction work shall commence upon any land, building or structure until the Construction Official has issued a building permit pursuant to the Uniform Construction Code, including the payment of the applicable permit fee. No construction permit shall be issued until the application for the construction permit has been reviewed by the Land Use Enforcement Officer and/or Township Planner (Deputy Land Use Enforcement Officer) for compliance with this chapter and until a zoning permit has been issued.
B.
If a variance is granted not involving subdivision or site plan approval, a construction permit shall be secured and construction begun within three months after the date when the variance was finally granted, and construction shall be completed within 12 months of said date. For good cause, the Zoning Board of Adjustment may, upon written application stating the reasons therefor, extend either the three-month or twelve-month periods.
C.
Failure to obtain construction permit or commence work within time period. Should the applicant fail to obtain the necessary construction permit or permits within such three-month period, or, having obtained the same, should he fail to commence work thereunder within such three-month period, it shall be conclusively presumed that the applicant has waived, withdrawn and abandoned his or her application, and all permissions, permits and variances to him or her granted shall be deemed automatically rescinded by the Zoning Board of Adjustment.
D.
Failure to complete construction. Should the applicant commence construction or alteration within such three-month period, but should he or she fail to complete such construction or alteration within the twelve-month period, the Zoning Board of Adjustment may, upon 10 days' notice in writing, rescind or revoke the granted variance, or the issuance of the permit or permits, or other action authorized to the applicant. If the Zoning Board of Adjustment further finds that conditions have so altered or changed in the interval since the granting of the variance, permit or action, such revocation or rescission of the action is justified.
§ 296-186 Certificate of occupancy.
[Amended 9-2-2025 by Ord. No. 25-34]
A.
New uses. No structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official. Such certificate shall be issued upon application by the owner, prospective applicant or purchaser only after the Land Use Enforcement Officer determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of this chapter and all other applicable chapters, inclusive of the terms and conditions of any and all applicable land use approvals. No certificate of occupancy shall be issued when there exists a violation of this chapter, or a violation of the terms or conditions of any land use approval or zoning permit issued for the subject property, building or structure.
B.
Scope of certificate of occupancy. The certificate of occupancy shall contain sufficient information as to the extent and kind of use, such that any future investigation of the premises would disclose the extent to which the use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.
§ 296-187 Variance fees; other fees; escrow schedule.
[Amended by Ord. No. 00-32; Ord. No. 06-14; Ord. No. 06-33]
A.
Variance application fees shall be paid at the time of application to the appropriate Board as stated in Schedule IV, Schedule of Fees, attached to this chapter, to defray the cost of processing the application and publishing final notice decision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
In addition to the above, there shall be the following additional fees:
(a)
An additional fee equal to the original variance filing fee shall be paid for each additional meeting or part thereof at which the application is processed (not applicable to applications involving owner-occupied single-family dwellings).
(b)
Applicants requesting a single applicant special meeting which is agreed to by the Municipal Agency shall pay an additional fee as stated in Schedule IV, Schedule of Fees, attached to this chapter, per single applicant special meeting.
(2)
No additional hearings shall commence unless the applicable additional fees outlined above are paid.
B.
Cost of taking testimony. The cost of taking testimony stenographically and of transcribing the same shall be borne and paid for by the appellant or applicant, and the Board may require such deposit to be made for such purposes as shall be reasonable in the circumstances.
C.
Fees and escrow schedule.
(1)
General conditions. The applicant shall, at the time of filing an application for development, pay the following fees to the Township by check or money order. The nonrefundable application fees as set forth in §§ 296-60 and 296-76 are to cover the administrative costs incurred by the Township in processing applications. The escrow accounts are for the services required in connection with the application and installation of improvements, such as the cost for professional services by the Township Engineer, Planning Board Attorney, Zoning Board of Adjustment Attorney, Township Planner and Township Attorney to review and make recommendations on the application for development and inspection of improvements as they are installed and finally completed.
(2)
Escrow fees; general provisions.
(a)
In addition to the nonrefundable application fees, as specified in §§ 296-60 and 296-76, the applicant shall be required to establish one or more escrow accounts with the Township to cover professional and expert review and consultation services, including testimony, associated with a review and processing of the application. These escrow fees shall be required for all applications, with the exception that no such escrow fees will be required for an application involving a single "c" variance for a shed of 100 square feet or less on residentially zoned and occupied property.
(b)
At the time of submission of an application for development to the administrative officer, the applicant shall be required to make a deposit to the escrow account as hereinafter provided and to execute an escrow agreement. The escrow agreement shall be in a form approved by the Township Attorney. The amounts specified for the escrow fee are estimates, which shall be paid prior to certification of an application as complete. In the event that more than the amounts specified for escrow is required to pay the reasonable costs incurred, the applicant shall, prior to being permitted to take the next step in the approval procedure or in any event prior to obtaining building permits or certificates of occupancy for any element of the project, whichever is the next case, pay all additional sums required.
(c)
Following the approval of a preliminary major subdivision or preliminary site plan and prior to commencement of any construction on the applicant's property, the applicant shall be required to make a further deposit to a separate inspection escrow account to provide sufficient funds in escrow to pay for the inspection fees and any additional professional review services required.
(3)
Subdivision and variance escrow accounts. Escrow amounts for subdivision review and for variance applications which do not include or are not associated with applications for subdivision of land or site plan review shall be as stated in Schedule IV, Schedule of Fees, attached to this chapter.
[Amended by Ord. No. 05-9; Ord. No. 06-14; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
Site plan review escrow accounts. The site plan escrow shall be as stated in Schedule IV, Schedule of Fees, attached to this chapter. Except as provided in Subsection C(14), Informal review of a development, and Subsection C(15), Pre-application meeting, the Planning Board or Zoning Board of Adjustment or Township Engineer or Township Planner shall not review, act upon, or consider any plan until such time as the initial fees and escrows are paid in full.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5)
The obligor shall reimburse the Township for all reasonable inspection fees paid to the engineer providing inspection of improvements. The obligor shall pay to the Township a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined as follows:
(a)
The cost of the installation of improvements shall be estimated by the Township Engineer based on documented construction costs of public improvements prevailing in the general area of the municipality. The developer may appeal the Township Engineer's estimate to the governing body. The governing body shall decide the appeal within 45 days of receipt of the appeal in writing by the Municipal Clerk. After the developer posts a guarantee with the Township based on the cost of the installation of improvements as determined by the governing body, he or she may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guarantee.
(b)
For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
(6)
The payment of the required escrow amounts shall not relieve an applicant of the responsibility for payment of required inspection fees as provided in this chapter.
(7)
The Township Chief Financial Officer shall monthly advise the administrative officer of the balance of all escrow accounts and whether additional funds are required as provided hereinafter. In the event additional funds are required, it shall be the obligation of the administrative officer to notify the applicant of the additional escrow amounts required, and in the event there is a refusal or failure to make the payments required, the administrative officer shall notify the approving authority. In the event the additional fees are not paid, the Planning Board, Zoning Board of Adjustment or Township professionals and consultants shall take no further action on the application until such time as the additional fees have been paid.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(8)
Replenishment of escrow balance. The escrow associated with each application shall be replenished whenever the original escrow is reduced by charges against the account to 35% or less of the original amount. The administrative officer shall notify the applicant of the requirement to replenish the escrow, and the applicant shall be requested to deposit an amount to bring the balance up to 50% of the original escrow amount. No further building permits or certificates of occupancy shall be issued and no further consideration, review, processing, or inspection shall be performed until the additional escrow has been paid.
(9)
Accounting of fees. In the event any applicant desires an account of the expenses or fees paid by him or her for professional review, he or she shall request such in a letter directed to the administrative officer. The applicant shall be responsible for any costs incurred by the Township in having its professional and administrative staff prepare an accounting of the fees expended.
(10)
Use and return of escrow balance.
(a)
The Township Engineer, Township Planner, or approving agency attorney and any other professionals engaged by the Board as experts in connection with the application shall submit vouchers for all fees for consultation, examination, review or testimony to the approving agency for approval after which the bill shall be forwarded to the Township and shall be paid from the escrow account.
(b)
If any money deposited in the escrow account is unexpended upon completion of the project and the satisfactory completion of the maintenance period, if any, or phased section in the case of a sectionalized application, the amount shall be returned to the applicant or, at the developer's request, applied to the next phase.
(11)
Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Township for professional services employed by the Township to review applications for development, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided in this chapter, shall continue to be the property of the applicant and shall be held in trust by the Township. Money deposited shall be held in escrow. The Township shall deposit it in a banking institution or savings and loan association in this state insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the Township annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be, except that the Township may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount which shall be in lieu of all other administrative and custodial expenses.
(12)
Special cases. When the Planning Board or Zoning Board of Adjustment decides that a traffic engineering review of a development is necessary, then such funds for such traffic engineering study, consultation, review and/or testimony shall be in addition to the escrow fees above specified. Other specialists which are necessary to review and make recommendations on a development, including but not limited to a geologist, hydrologist, landscape architect, or architect, shall be treated in the same manner as the traffic engineer.
(13)
Requests for rezoning. The initial required escrow amount concerning a request for rezoning, being a requested change of Zoning Map designations, shall be as stated in Schedule IV, Schedule of Fees, attached to this chapter.
[Amended by Ord. No. 06-14; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(14)
Informal review of a development. When an applicant submits an application for informal review, it shall be the applicant's option to request professional review of the development by executing an escrow agreement to cover the necessary and reasonable costs incurred by the approving agency. The required escrow for informal review shall be as stated in Schedule IV, Schedule of Fees, attached to this chapter. No informal review of conditional uses, variances, appeals or directions to issue permits under N.J.S.A. 40:55D-76 is permitted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(15)
Pre-application meeting. A property owner or applicant may request a meeting with Township professionals prior to submitting a formal application for development. The fees for such consultation or review shall be chargeable to the applicant's escrow account following his or her submission of a formal application and required escrow fees.
(16)
Conformity with statutes and prior ordinances. With the adoption of the Municipal Land Use Law, L. 1975, c. 291, specifically N.J.S.A. 40:55D-53.1, Deposits with municipality; escrow; interest, effective August 28, 1985, all amounts paid by applicants for review and inspections by professional consultants of the Township are to be deposited with the Township in escrow for the satisfaction of payment of the professional fees and to be maintained in escrow in accordance with the provisions of N.J.S.A. 40:55D-53.1, and any excess amounts remaining in the account upon full completion of the project, as evidenced by a resolution of release by the Township Committee based upon a recommendation of the Township Engineer and Chief Financial Officer, shall be returned to the applicant. If the outstanding professional fees exceed the remaining escrow amount, the applicant shall pay all such fees prior to consideration by the Township Committee of any resolution of final approval or release of the cash deposits, bonds or other sureties posted by the applicant. Any funds paid by an applicant for professional review or inspections prior to August 28, 1985, and in accordance with the existing ordinances of Raritan Township were paid as flat-rate fees for those services based upon the flat-rate fee schedule in effect, and without relation to the actual costs, more or less, of the services provided.
(17)
When receiving direct monetary assistance from the Township of Raritan pursuant to the affordable housing assistance program, any charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)] shall be exempt from paying site plan, subdivision, variance, and escrow fees as required elsewhere under this chapter.
§ 296-188 Complaint of zoning violation.
[Amended by Ord. No. 06-3]
A.
Complaints. Any municipal resident, municipal property owner, citizen of the State of New Jersey or any interested party may sign a complaint for a violation of Part 3, Zoning, of this chapter.
B.
Abatement. The Land Use Enforcement Officer may sign a complaint for violation of Part 3, Zoning, of this chapter with the Municipal Court Clerk where he or she believes it to be appropriate. Such violations, upon conviction, shall be subject to the provisions of § 1-5, General penalty, of this Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]