Rutherford City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 131-40 Enforcement; permit procedure.
Administrative officials. It shall be the duty of the construction code officials to administer and enforce the provisions of this chapter. No structure shall be erected until a building permit is obtained from the construction code officials, and no structure or lot shall be used in violation of this chapter. It shall be the duty of the construction code officials to keep a record of all applications and all building permits which are either issued or denied, with notations of any conditions involved which data shall form a part of the borough public records. A monthly report of building permits issued shall be filed with the Tax Assessor. It shall be the duty of the construction code officials to inspect the structures and land in the borough and order the owner, in writing, to remedy any condition found to exist in violation of any provisions of this chapter.
§ 131-41 Building permits required; procedures.
A.
It shall be unlawful to construct, enlarge, alter or demolish a structure or change the occupancy of a building or structure requiring greater strength, exitway or sanitary provisions or to change to a different use group, or to install or alter any equipment for which provision is made or the installation of which is regulated by these regulations, without first filing an application with the Construction Official, in writing, and obtaining the required permit therefor.
§ 131-42 Application for building permit.
A.
The application shall contain a general description of the proposed work, its location, the use and occupancy of all parts of the building or structure and of all portions of the site or lot not covered by the building or structure and such additional information as may be required by the Construction Code Official, which shall include but not be limited to the following:
(1)
The name and address of the owner. Where the owner is not a resident of the state, he shall designate a resident as agent for the purpose of service of any notices or orders which may be necessary. Such address shall not be limited to a post office box but shall specify a physical location where such owner or agent may be found during normal business hours. Where the owner is a corporation, partnership or other business entity, the application shall indicate the names and addresses of the officers or other responsible persons upon whom service may be made.
(2)
The street address and lot and block number of the property upon which the building or structure is proposed to be erected.
(3)
A description of the proposed work, including the use group classification, proposed construction type, lot ground coverage in square feet, total floor area in square feet, total building or structure volume in cubic feet, the total number of plumbing fixtures, the total number of electrical fixtures, outlets and major appliances, a description of the type of heating system, the source of water supply, the mode of sanitary waste disposal and a listing of any special, unusual or hazardous facilities proposed for inclusion in the building or structure.
(4)
The estimated cost of the work for which a permit is sought, including but not limited to building construction, on-site construction and all integral equipment, built-in furnishings and finishes. Where any material or labor proposed for installation in the building or structure is furnished or provided at no cost, its normal or usual cost shall be included in the estimated cost.
(5)
A statement that all required state, county and local prior approvals have been given, including such certification as the Construction Code Official may require.
B.
In addition, the following information shall be required on any application for construction permit when such information is available, but not later than the commencement of work:
(1)
The name and addresses of all contractors engaged or planned for engagement by the owner in the prosecution of the work.
(2)
The name and license number of the contractor or subcontractor for plumbing and for electrical work where such work is proposed.
(3)
The name and address of the responsible person who will be in charge of the work and who is responsible to the owner for ensuring that all work is installed and completed in conformity with the regulations. The person may be the design architect or engineer, the contractor or a third party acceptable to the Construction Code Official.
(4)
In the event of any change of contractor or person in charge of work, such change shall be filed as an amendment to the application.
C.
A separate application and permit shall be required for each building.
D.
Application for a permit shall be made by the owner or his agent, a licensed engineer, architect or plumbing, electrical or other contractor employed in connection with the proposed work. If the application is by a person other than the owner in fee, it shall be accompanied by an affidavit of the owner or the authorized person making the application that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application.
E.
Plans; plan review; plan approval.
(1)
Plans and specifications. The application for the permit shall be accompanied by three copies of specifications and of plans drawn to scale, with sufficient clarity and detail dimensions to show the nature and character of the work to be performed. Plans submitted shall only be required to show such detail and include such information as shall be reasonably necessary to assure compliance with the requirements of this chapter. When quality of materials is essential for conformity to these regulations, specific information shall be given to establish such quality; and this chapter shall not be cited, or the term "legal" or its equivalent be used, as a substitute for specific information.
(2)
Architect's or engineer's seal. The seal and signature of the registered architect or licensed engineer who prepared the plans shall be affixed to each sheet of each copy of the plans submitted and on the first or title sheet of the specifications and any additional supportive information submitted. The Construction Code Official shall waive the requirement for sealed plans in the case of a single-family home owner who had prepared his own plans for the construction, alteration or repair of a structure used or intended to be used exclusively as his private residence and to be constructed by himself, provided that the owner shall submit an affidavit attesting to the fact that he has prepared the plans; and provided, further, that said plans are, in the opinion of the Construction Code Official and appropriate subcode official, legible and complete for the purposes of ensuring compliance with these regulations.
(3)
The Construction Code Official, upon the advice of the appropriate subcode official, may waive the requirement for plans when the work is of a minor nature.
(4)
Examination of plans. All plans submitted and any amendments thereto accompanied by the required documentation and application, upon payment of the fee established by the borough, shall be numbered, docketed and examined promptly after their submission for compliance with the provisions of the regulations.
§ 131-43 Issuance of building permit.
A building permit shall be granted or denied within 10 days from the date of a complete application unless additional time is agreed upon, in writing, by the applicant. One copy of such plans shall be returned to the owner when such plans shall have been approved or denied by the Construction Code Official, together with such permit as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey of the lot by a licensed land surveyor in the State of New Jersey. The lot and the location of the structures thereon shall be staked out on the grounds before construction is started. No building permit shall be issued for any new structure located in a subdivision unless that subdivision is duly approved by the Planning Board in accordance with the provisions of the Borough Land Subdivision and Site Plan Ordinance.[1]
§ 131-44 Certificate of zoning compliance.
[Amended 12-13-2021 by Ord. No. 3587-21]
A.
No building or structure shall be occupied or used in whole or in part unless and until a certificate of zoning compliance has been issued by the Construction Official. The Construction Official shall not issue such certificate unless he determines, after inspection, that there are no violations of any applicable laws, ordinances or orders pending at the time of issuing the certificate. The certificate shall be issued upon written request from the owner or his authorized agent.
B.
A certificate of zoning compliance shall be applied for and obtained prior to the use or occupancy of the whole or any part of any building:
C.
Upon receiving an application for a certificate of zoning compliance, the Construction Official shall make an inspection of the building or part thereof for which the certificate is requested and shall forthwith issue the certificate of zoning compliance if the building or alteration has been completed and if the use and occupancy thereof shall be in conformity with the Revised Ordinances of Rutherford or other applicable ordinances of the borough and if the building is safe and does not constitute a nuisance or hazard likely to result in injuries to persons or damages to property. In case the Construction Official shall decline to issue a certificate of zoning compliance, his reasons for doing so shall be stated to the applicant, and a written statement thereof shall be transmitted to the applicant on request.
§ 131-45 Conditional certificate of zoning compliance.
[Amended 12-13-2021 by Ord. No. 3587-21]
A.
Notwithstanding § 131-44A or C above, the Construction Official shall, after appropriate application and inspection as described in § 131-44C above, issue a conditional certificate of zoning compliance for one-family and two-family detached dwellings and one-family attached dwellings in instances where title to that dwelling is being transferred if:
(1)
The party acquiring title certifies under oath that a binding contract exists between that person and the current owner of the dwelling and that failure to complete the transaction prior to correction of any violations and issuance of an unconditional certificate of zoning compliance will result in financial hardship; and
B.
A conditional certificate of zoning compliance shall:
C.
No conditional certificate of zoning compliance shall be issued unless the person acquiring title to the property shall countersign a copy of the conditional certificate acknowledging the conditions which need correction; permitting the Construction Official or his designee to inspect the property upon reasonable notice; and acknowledging that failure to satisfy the conditions within the time provided may, in the discretion of the Construction Official, result in the filing of such enforcement action as the Construction Official deems appropriate, including the filing of a complaint with the Municipal Court.
D.
No conditional certificate of zoning compliance shall be issued unless the dwelling may be occupied safely prior to full correction of any violations without endangering life or public welfare.
§ 131-46 Deferral of certificate of zoning compliance.
[Amended 12-13-2021 by Ord. No. 3587-21]
Notwithstanding § 131-44A or C above, in instances where title to one-family and two-family detached dwellings and one-family attached dwellings is being transferred, the Construction Official shall, after the appropriate application and inspection described in § 131-44C above, defer the requirement that a certificate of zoning compliance issue if:
A.
The person acquiring title certifies under oath that no person will use or occupy the dwelling for any purpose except to perform necessary repairs until all violations are corrected; and
B.
The person acquiring title shall countersign the writing in which the deferral shall be granted acknowledging that:
(1)
No person shall use or occupy the dwelling for any purpose except to perform necessary repairs until all violations are corrected;
(3)
He is aware of the violations noted on the inspection report prepared by the Construction Official or his designee;
(4)
He permits the Construction Official or his designee to inspect the property upon reasonable notice;
(5)
The person acquiring title shall report the progress of repairs to the Construction Official at such reasonable intervals as the Construction Official shall determine on the status of necessary repairs; and
(6)
Failure to file the appropriate report or occupancy of the premises in violation of this section may, in the discretion of the Construction Official, result in such enforcement action as the Construction Official deems appropriate, including the filing of a complaint with the Municipal Court.
§ 131-47 Enforcement rights of Construction Official.
[Amended 12-13-2021 by Ord. No. 3587-21]
Issuance of a conditional certificate of zoning compliance pursuant to § 131-45 or deferral of the certificate of zoning compliance requirement pursuant to § 131-46 shall not affect the right of the Construction Official to take such enforcement action as he deems appropriate for violations of law or any ordinance.
§ 131-48 Certificate of zoning compliance fees and administration.
[Amended 12-13-2021 by Ord. No. 3587-21]
A.
A certificate of zoning compliance shall be issued to any person having a proprietary or tenancy interest who shall be held responsible for any violations on the premises. A record of all certificates shall be kept on file by the Construction Official, and copies shall be furnished to any person having a proprietary or tenancy interest in the building affected.
B.
Fees for each original certificate of zoning compliance shall be as stipulated in Chapter 22, Construction Codes, Uniform, of the Borough of Rutherford Code.
C.
A monthly report of each certificate of zoning compliance and conditional certificate of zoning compliance and each deferral of the requirement issued shall be filed with the Tax Assessor and the Mayor and Council. A record of all such items shall be kept in the office of the Construction Official.