River Edge City Zoning Code
ARTICLE XIV
Administration and Enforcement
§ 416-67 Enforcement.
The provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto shall be enforced literally by the Construction Official. Nothing in this chapter shall prevent any property owner or resident of the Borough, the Borough itself or any board or agency of the Borough from availing themselves of any lawful remedy in preventing or abating any violation of any provision of this chapter.
§ 416-68 Duties of the Construction Official.
A.
The Construction Official or his duly authorized assistant shall have the right to enter any building or enter upon any land at any reasonable hour as is essential in the execution of their duties, provided that:
B.
The Construction Official shall maintain files and records of all applications for building permits and plans submitted therewith and for certificates of occupancy issued by him, with notations of all special conditions involved. He shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken consequent on each such complaint. These files and records shall be public records, open to public inspection.
C.
The Construction Official shall report to the Council monthly, summarizing for the period since his last previous report all building permits and certificates of occupancy issued by him. The Council may request and shall be furnished with information regarding all complaints and violations and the action taken by him consequent thereon.
§ 416-69 Certificates and permits.
A.
Building permits.
(1)
Building permits shall hereafter be secured from the Construction Official prior to the construction, erection or alteration of any building or structure as defined in the ordinance, or in part thereof of any parking area not accessory to a single-family dwelling; or of any fence of two feet or more. A building permit issued in accordance with the building ordinance of the Borough shall satisfy the purposes of a building permit, provided that it conforms to all such further conditions and requirements set forth in this chapter. The fee for each such building permit shall be as set forth in the Fee Schedule.[1]
(2)
All requests for building permits shall be made, in writing, by the owner, or authorized representative, and shall contain a statement of the use or intended use of the building, structure or land and shall be accompanied, among other things which the Board of Adjustment, Planning Board or Construction Official may require, by a plan and elevation of the building and a plot plan drawn to scale, showing the proposed building in its exact relation to lot and street lines, and by evidence satisfactory to the Construction Official to the effect that the line of the bounding street or streets has been accurately located and staked on the ground.
(3)
No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street.
(4)
No building permit shall be issued for any building where site plan of such building is subject to approval by the approving authority, until such authority approves the site plan.
[Amended 5-18-1998 by Ord. No. 1220]
(5)
No building permit shall be issued for a building to be used for any conditional use in any district where such use is allowed only by approval of the approving authority, unless and until such approval has been duly granted by the approving authority.
[Amended 5-18-1998 by Ord. No. 1220]
(6)
The building permit application and all supporting documentation shall be made in duplicate. On the issuance of a building permit, the Construction Official shall return one copy of all filed documents to the applicant.
(7)
The Construction Official shall, within 20 working days after the filing of a complete and properly prepared application approved, where necessary, by the approving authority, either issue or deny a building permit. If a building permit is denied, the Construction Official shall state, in writing, to the applicant the reasons for such denial.
[Amended 5-18-1998 by Ord. No. 1220]
(8)
Every building permit shall expire if the work authorized has not commenced within six months after the date of issuance, or has not been completed within two years from such date. If no zoning amendments or other codes or regulations affecting such property have been enacted and no publication of notice of a public hearing on such amendments or code or regulations in the interim, the Construction Official may authorize, in writing, the extension of either above periods of an additional six months, as per schedule, after which no further work is to be undertaken without a new building permit.
(9)
Whenever any building or structure is to be demolished, razed, pulled down or torn down, whether a demolition permit is required or not, the owner of the property shall submit to the Borough Engineer a videotape of all sewer laterals serving the lot, following demolition, razing, tearing down or pulling down of the building or structure. Should the videotape reveal the need for repair or replacement of any sewer lateral, as determined by the Borough Engineer, said repair or replacement shall be a condition to the issuance of a certificate of occupancy. This subsection shall not apply to those cases where, subsequent to demolition, the Building Department issued a permit for a complete replacement of all laterals servicing the subject property and all laterals have been inspected by and approved by the Building Department.
[Added 11-19-2007 by Ord. No. 1589; amended 8-4-2008 by Ord. No. 1626; 10-19-2009 by Ord. No. 1676]
(10)
Every building permit for new construction of any type shall be conditioned upon the submission of a certified foundation location survey being submitted to the Zoning Officer upon completion of any foundation. No framing or other construction may commence unless and until the Zoning Officer makes a finding that the foundation location survey is in compliance with previously approved plans. If the Zoning Officer shall find that the foundation location survey violates any setbacks, the foundation must be changed to comply with previously approved setbacks and a new foundation location survey be submitted, or a variance may be requested from the appropriate approving authority.
[Added 6-23-2008 by Ord. No. 1618]
B.
Temporary permits. The Construction Official may issue temporary permits upon authorization by the approving authority. The fee for each temporary permit shall be as provided in the Fee Schedule.[2]
[Amended 5-18-1998 by Ord. No. 1220]
C.
Certificate of occupancy and certificate of continuing occupancy.
[Amended 5-18-1998 by Ord. No. 1220]
(1)
No building or a part of a building hereafter erected, structurally altered or moved shall be occupied or used in whole or in part, and no use of an existing building shall be lawful, until a certificate of occupancy shall have been applied for and issued by the Construction Official.
(2)
A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and use of the building or land to which it applies.
(3)
If the proposed use is in conformity with the provisions of this chapter and of all other applicable laws and ordinances in effect, a certificate of occupancy for the use of vacant land or for a change of use of a nonconforming use shall be issued by the Construction Official.
(4)
Upon written request by the owner, and after examination of all factual information to be supplied by the owner, and after inspection of the building, the Construction Official shall issue a certificate of continuing occupancy for any legally existing building or use thereof or of land existing on June 6, 1973, certifying that such use and building conforms to the provisions of this chapter.
[Amended 5-18-1998 by Ord. No. 1220]
(5)
Application for a certificate of occupancy shall be made for a new building, or for an existing building which has been altered, on a form furnished by the Construction Official. Such application shall accompany the application for a building permit and shall be issued within 10 days after a written request for inspection of the completed work, but only if all requirements of this and other applicable ordinances or codes are complied with.
(6)
Every certificate of occupancy shall state that the building or the proposed use of land complies with all provisions of law of this chapter and all other ordinances of the Borough.
(7)
No certificate of occupancy shall be issued by the Construction Official unless and until the party applying for the same shall have filed with the Construction Official proper certificates from the Health Officer and the Fire Inspector certifying that the premises have been inspected by the Health Officer and the Fire Inspector and comply with the rules and regulations of the Borough.
(8)
Every certificate of occupancy in connection with a conditional use or variance requiring approval by the appropriate authority is required to contain a statement from the appropriate authority that approval has been granted and of any conditions to which the same is subject.
[Amended 5-18-1998 by Ord. No. 1220]
(9)
No certificate of occupancy for any building shall be issued by the Construction Official until after the completion of all parking spaces and access facilities and landscape planting required by this chapter and by the approving authority as part of site plan review. Where, by reason of adverse weather conditions, it is impractical to complete the parking spaces and access facilities and landscape planting, a temporary certificate of occupancy may be issued upon the posting of a performance guaranty approved as to form by the Borough Attorney and as to sufficiency by the Borough Attorney and the Construction Official. A temporary certificate of occupancy shall run for a period not to exceed six months.
[Amended 5-18-1998 by Ord. No. 1220]
(10)
If a certificate of occupancy is denied, the Construction Official shall state, in writing, within 30 days, the reasons for such denial.
(12)
No certificate of occupancy shall be issued for any new construction unless a certified final as-built survey is submitted to the Zoning Officer and the Zoning Officer finds that all construction is in compliance with previously submitted plans.
[Added 6-23-2008 by Ord. No. 1618]
D.
Sign permits. Sign permits shall hereafter be secured from the Construction Official prior to the construction, erection or alteration of any sign or signage, except that no permit is required for legal signs of 144 square inches or less in residential zoning districts. The fee for sign permits shall be as provided in the Fee Schedule of the Borough.[4]
§ 416-70 (Reserved) [1]
[1]
Editor's Note: Former § 416-70, Planning Board Review of applications and appeals, was repealed 3-11-2005 by Ord. No. 1490.
§ 416-72 Amendments.
A.
Procedures. The regulations, limitations and restrictions of this chapter may from time to time be amended, changed, modified or repealed, and the boundaries of the zoning districts hereby established may be changed by ordinance adopted by the Council. No such amendment or change shall become effective unless the ordinance proposing such amendment or change shall first have been submitted to the Planning Board for approval, disapproval or suggestion. The Planning Board shall have a reasonable time, not more than 35 days after the receipt of such reference, for consideration and report. In the case of an unfavorable report by the Planning Board, such amendment shall not become effective except by a favorable vote of a majority of the Council. If the Planning Board does not report within the required time, it shall be deemed to have reported in the affirmative.
B.
Petition by property owners.
(1)
When owners of more than 50% of the frontage within a zoning district or part of a zoning district comprising not less than one block or three acres, whichever is greater, present to the Council a duly signed petition for the amendment, change or modification of the regulations or map pertaining to a zoning district or part of a zoning district, the Council shall act upon the petition within 120 days after the filing of the petition with the Borough Clerk. The petition shall be accompanied by a map showing the lots, buildings and uses of property within the area for which the change of zoning district is asked.
[Amended 12-16-1996 by Ord. No. 1172]
(2)
The petition shall, furthermore, set forth grounds or reasons for the proposed change. Any proposed amendment or change of zoning district or part of a zoning district petitioned by owners shall be referred to the Planning Board for study and report within 60 days after its receipt by the Council.
C.
Protest by property owners. In case of a protest against such proposed change signed by the owners of 20% or more either of the area of the lots or land included in such proposed change, or of the lots or land in the rear or on either side, thereof, or directly opposite thereto extending 200 feet therefrom, exclusive of any intervening street space, such change shall not become effective except by the favorable vote of 2/3 of all the members of the Council.
[Amended 12-16-1996 by Ord. No. 1172]
§ 416-73 Violations and penalties.
A.
Unless otherwise specified in this chapter, any owner, lessee, contractor, agent or other person who uses or maintains, or causes to be used or maintained, any building or premises or any part thereof in the Borough for any purpose other than the uses permitted therefor in this chapter, or who erects, enlarges or alters or causes to be erected, enlarged or altered, any building or any part thereof in the Borough except in conformity with the provisions of this chapter, or who otherwise violates, or causes to be violated, any provision of this chapter shall, upon conviction thereof, be subject to a maximum penalty not exceeding $1,000, or imprisonment for up to 90 days, or a period of community service not exceeding 90 days, or any combination thereof.
[Amended 12-16-1996 by Ord. No. 1172; 5-18-1998 by Ord. No. 1220]
B.
Any violation of this chapter may also be enjoined pursuant to law.
C.
The penalties provided for herein shall be cumulative, and shall be in addition to any other penalties provided by law.
[Amended 5-18-1998 by Ord. No. 1220]
§ 416-74 Interpretation of provisions.
In the interpretation and the application of the provisions of this chapter, they shall be held to be the minimum requirement for the promotion of the health, safety, morals and general welfare. It is not intended to interfere with or annul other rules or regulations or ordinances, provided that where this chapter imposes greater restrictions upon the use of buildings, structures or premises or upon the height or bulk of buildings and structures or requires larger open spaces, the provisions of this chapter shall apply.
§ 416-75 Pending applications.
[Amended 12-16-1996 by Ord. No. 1172]
Notwithstanding the repeal of prior ordinances by this chapter, all applications for development properly and timely made pursuant to said prior ordinance prior to the effective date of this chapter may be continued, but shall be processed in accordance with the substantive and procedural requirements of this chapter.