River Vale City Zoning Code

In their interpretation and application, the provisions of this Part 9 shall be held to be minimum requirements adopted for the promotion of health, safety, comfort, convenience and general welfare.

Wherever the provisions of any statute of the State of New Jersey or other ordinance or regulation of the Township of River Vale require a greater width or size of yards, buildings or open spaces or require a lower height of buildings or a lesser number of stories or require a greater percentage of lot to be left unoccupied or impose restrictions more extensive than are required by the regulations of this Part 9, the provisions of such statute of the State of New Jersey or other ordinance or regulation of the Township of River Vale shall govern.

It is the intention of this Part 9 to zone, restrict and limit the use of land within the Township of River Vale; and the use of any land, whether or not there is a building thereon, for any use prohibited hereby, in the district in which the same is located, shall be unlawful.

This Part 9 shall be enforced by the Zoning Officer, who shall be appointed by the Mayor. No building permit or certificate of occupancy shall be issued by him except where the provisions of this Part 9 are complied with.

No parcel of land, building or structure shall be erected, added to or structurally altered in the Township of River Vale until there has been filed with the Zoning Officer a plan in duplicate, drawn to scale, showing the actual dimensions, radii and angles of the lot to be built upon, the exact size and location on the lot of the main and accessory buildings to be erected, the exact size and location of the sanitary plant and such other information as may be necessary to determine and provide for the enforcement of this Part 9. One copy of such plan shall be returned to the owner when approved by the Zoning Officer.

The zoning permit shall be granted or denied within 10 days from the date that a written application is filed with the Zoning Officer and will be valid for one year from the time of issuance unless the proposed work has commenced.

Separation.

Such fees for building permits or the filing of plans may be charged as are now or may hereafter be fixed by ordinance, together with fees payable to the Board of Health for sanitary or plumbing permits and inspections.

Duties of the Zoning Officer or his/her authorized representative:

A Joint Planning Board is hereby established which shall, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this Part 9 in harmony with its general purpose and intent and in accordance with the variances and rules herein contained and by law established.

Said Joint Planning Board shall consist of seven regular members and two alternate members to be appointed by the Township Council immediately upon adoption hereof. Said persons shall not hold any elective office or positions within the Township. Of the original appointees of said Board, one member shall be appointed for a term of one year, two members for the term of two years and two members for the term of three years. Successors to such original appointees shall be appointed for the term of four years. Alternate members shall be appointed for a term of two years. Vacancies in said Joint Planning Board shall be filled in the same manner for the unexpired term of any member whose term becomes vacant; provided, however, that should the Legislature hereafter provide for a different number of members or altering their method of appointment or term, this Part 9 shall be deemed to be amended to such extent and appointments thereafter made in harmony therewith.

A quorum shall consist of five members. The meetings of the Joint Planning Board shall be held at the call of the Chairman and/or at such other times as the Board by its bylaws may decide. The Board shall keep minutes of its proceedings showing the vote of each member upon each application for development or other question as to which a roll call vote is required by law and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

Said Board shall perform all the duties and have all of the powers now or hereafter provided by law to be exercised by Boards of Adjustment and shall determine the true location of any district boundary line.

If the Joint Planning Board lacks a quorum because any of its regular or alternate members is prohibited by Section 56 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-69) from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Joint Planning Board shall be called upon to serve, for that matter only, as temporary members of the Joint Planning Board. The Class IV members of the Joint Planning Board shall be called upon to serve in order of seniority of continuous service to the Joint Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Joint Planning Board shall make the choice.

The Township Council may from time to time, on its own motion or on petition, amend, supplement or repeal the regulations and provisions of this Part 9, or any part thereof.

Whenever the owners of 50% or more of the street frontage in any district or any specified part thereof, as determined by the Joint Planning Board, shall present to the Township Council a petition duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for said district or specified part thereof, it shall be the duty of the Township Council to hold a public hearing thereon and cause notice thereof to be given, for the purpose of granting an opportunity to the signers of said petition to be heard.

Under such rules and regulations as may be established by the Township Council, a temporary certificate of occupancy for a part of a building may be issued by the Construction Official.

Upon written request from the owner, the Construction Official shall issue a certificate of occupancy for any building or premises existing at the time of passage of this Part 9, certifying after inspection, the extent and kind of use made of the building or premises, including the number of employees and whether such use conforms to the provisions of this Part 9.

Each applicant for a certificate of occupancy shall pay for the same the fee which is now or hereafter may be provided by ordinance.

For any and every violation of the provisions of the Building Zone Ordinance of the Township of River Vale, 1944, of this Part 9 and any supplement or amendment thereto, heretofore or hereafter adopted, the owner or owners, architect, general agent or agents, contractor or contractors of any building or premises or any other person or persons interested as lessee, tenant or otherwise in any building or premise where such violation has been committed or shall exist or any other person who permits, commits, takes part in or assists in such violation shall, for each and every such violation, be subject to the penalties in Chapter 1, General Provisions, Article I, § 1-14, at the discretion of the court or Judge before whom such person may be convicted.

Each and every day that any such violation continues shall be considered a separate and specific offense.

Nothing in this Part 9 shall be construed as depriving the Township of River Vale or the Township Council or any interested person of any other available remedy.