Rockaway Township City Zoning Code
§ 54-30.3
Zoning permits, construction permits and certificates of occupancy.
[Ord. No. 95-24 § 54-101; Ord. No. 99-19 § 2]
Prior to the commencement of a use, change of use or change of occupancy, and prior to the erection, construction, reconstruction, alteration, conversion, relocation or installation of a building or structure, a zoning permit shall be obtained from the Administrative Officer. The following provisions shall apply to the issuance of zoning permits:
A.
Construction permits. Buildings or structures or parts thereof shall not be erected, razed, moved, extended, enlarged, altered or demolished unless and until a permit has been granted therefor by the Construction Official.
(1)
Filing. Applications for construction permits shall be filed in triplicate with the Construction Official by owner or his agent, and shall state the intended use of the structure and the land.
(2)
Required submissions.
(a)
The application shall be accompanied by detailed floor plans and specifications, utilities and mechanical service equipment, layout, and energy efficiency calculations (State Building Code).
(b)
New buildings or additions to existing buildings shall be accompanied by a plot plan showing existing and finished grades, open spaces, established building lines within the block upon which the land is located, a soil erosion control plan, retaining walls, a site disturbance and restoration plan and such other information as may be required to show that the proposed building or other structure shall comply with all of the requirements of this chapter for the district in which the premises is located. The plan shall be drawn to scale and shall show actual dimensions and figures.
(3)
Applications for multifamily and nonresidential development.
(a)
The applicant for any construction or use in any RMF-5, RMF-8, RMF-15, R-P, OR-3, B-1, B-2, R-B, O-1, O-2, OB-RL, PED, I and M districts, except for single-family detached and two-family dwellings, shall also submit in triplicate all plans of the proposed construction and development, including a general description of the proposed machinery, operation and products, if any, as well as an affidavit by the applicant acknowledging his understanding of the applicable performance standards and/or required conditions and his agreement to conform with same at all times.
(b)
If there is any reasonable doubt as to the likelihood of the intended use or construction conforming to the performance standards, required conditions or the Master Plan, or if the Planning Board finds that due to the nature of the intended uses the development plans should be reviewed by one or more expert consultants, the Planning Board shall request a deposit of $500 to be placed in escrow, which will be used to defray the cost of the consultants' reviews and reports.
(c)
Upon receipt of the deposit in paragraph B above, the Planning Board shall refer the application for investigation and report to one or more expert consultants selected by the Board to advise on conformance with the performance standards, required conditions and/or the Master Plan. A copy of any reports from the consultant(s) shall be promptly furnished to the applicant.
(d)
Within 45 days of receipt of the report from the consultant(s), the Board shall render a decision regarding the application. A permit authorized and issued shall be conditioned on, among other things, conformance with the performance standards, required conditions and/or the Master Plan, as well as payment of any fees for review by the Board's consultant(s), which fees are in excess of the $500 deposited initially. All monies not used to pay fees for review by the Board's consultant(s) shall be returned to the applicant.
(4)
All plans and specifications shall be signed by a licensed architect or a licensed professional engineer of the State of New Jersey; provided, however, that the owner of a single-family detached dwelling may sign the plans in the event he has prepared them and intends to occupy the premises. A plot plan only may be prepared and certified by a licensed land surveyor of the State of New Jersey.
(5)
A construction permit shall not be issued for the erection, razing, moving, extending, enlargement, or alteration of any building or structure or any part thereof unless and until the plans and intended uses indicate that such building or structure is designed to conform in all respects to the provisions of this chapter and all other applicable ordinances of the Township.
(6)
A construction permit shall not be issued until all real estate taxes and assessments have been paid.
(7)
Issuance of a construction permit shall negate the necessity for a zoning permit and shall supersede and revoke any zoning permit previously issued.
B.
Zoning permits. If no construction permit shall have been issued previously, no land shall be occupied or used in whole or in part for any purpose whatsoever unless and until a zoning permit shall have been issued by the Zoning Officer.
(1)
A zoning permit shall be required for the use of any premises which does not contain a building.
(2)
Whenever there shall be a change contemplated in the use of any premises which does not have a building upon it, a new zoning permit shall be required.
(3)
The Zoning Officer shall issue or deny a zoning permit within seven days of the application, unless site plan approval is required, in which case he shall issue a zoning permit within seven days of the date of the resolution of site plan approval.
C.
Certificates of occupancy. No building or structure hereafter erected or altered and no building in which the occupancy, use or tenancy shall have been changed, including a change from one permitted use to another kind of permitted use in the same district, as well as any change in tenancy for nonresidential use or in the nonresidential districts, shall be occupied or used in whole or in part for any purpose whatsoever unless and until a new site plan has been reviewed and approved by the Planning Board. Such approval shall be a prerequisite to the issuance of a new certificate of occupancy. In addition, the following provisions shall apply:
(1)
Notwithstanding the above provisions, a change in tenancy for business establishments and stores within the mall building in the R-B district shall not require the submission or approval of a site plan.
(2)
Temporary certificates of occupancy shall not be issued by the Construction Official without first receiving approval from the Township Engineer, who shall ascertain the adequacy of required improvements installed to protect the general welfare of the public.
(3)
Every change in tenancy for a nonresidential use or in the nonresidential districts shall comply with Chapter 330, Laws of N.J. 1983 (Environmental Cleanup Responsibility Act).
(4)
The Construction Official shall issue or deny a certificate of occupancy within 10 days of the application, unless site plan approval is required, in which case he shall issue the certificate of occupancy within 10 days of the date of the resolution of site plan approval.
D.
Prerequisites for issuance of zoning permits and certificates of occupancy. No zoning permit or certificate of occupancy shall be issued by the Zoning Officer or Construction Official until he has ascertained that all of the requirements of this chapter and any other applicable Township or State regulations and ordinances, Board of Adjustment decisions, necessary resolutions of the Township Council and a site plan as approved by the Planning Board have been and are fully complied with. All improvements shown on any site plan shall have been installed on the premises in question before any zoning permit or certificate of occupancy, as the case may be, shall be issued.
E.
Terms and conditions of zoning permits and certificates of occupancy. A zoning permit or certificate of occupancy shall specify the use of the land and/or building(s) and any terms or conditions imposed thereunder, including but not limited to the number of employees, required parking spaces and traffic impact. Any change in use, including a change from one permitted use in the same district, as well as any change in tenancy for other than a single-family detached, single-family attached, or multifamily dwelling shall be treated as a new use and a new zoning permit or certificate of occupancy, as the case may be, shall be required. The Planning Board shall review any change of use in the nonresidential districts prior to the issuance of a zoning permit or certificate of occupancy. Before any zoning permit or certificate of occupancy shall be issued for any such change in use, all provisions of this chapter shall be complied with in the same manner as if the new use were an initial use of land or a new structure or building.
F.
Records. It shall be the duty of the Construction Official and the Zoning Officer, respectively, to keep records of all applications for construction permits, certificates of occupancy or zoning permits and of all such permits and certificates issued, together with a notation of all special terms or conditions imposed thereunder. Each shall be responsible for the filing and safekeeping of all plans and specifications submitted to him with any application, and the same shall form a part of the records of his office and shall be available to all officials of the Township of Rockaway. Copies of any permits or certificates shall be furnished upon request to any person who shall have a right thereto by law.