Sandyston City Zoning Code
ARTICLE XI
Administration and Enforcement
§ 150-54 Enforcing official.
[Amended 9-1-1977; 7-2-1996 by Ord. No. 4-96; 11-1-2005 by Ord. No. 10-05]
A.
The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer. In no case shall a permit be issued for the erection or structural alteration of any building nor shall an occupancy permit be granted for any building or land, by the Building Inspector, where the proposed erection, structural alteration or use thereof would be in violation of any of the provisions of this chapter, except under written order of the Planning Board or Township Committee.
B.
It shall be the duty of the Code Enforcement Officer to investigate any violation of this chapter coming to his attention, whether by complaint or arising from his personal knowledge, and, if a violation is found, he shall serve notice upon the owner in writing ordering remedy of the conditions found to be in violation of this chapter. It shall be the duty of the Code Enforcement Officer or his duly-appointed representative to inspect any building plans or premises and to enter upon such premises in the course of his duties.
§ 150-55 Building permits and plans.
A.
No structure or part thereof shall be erected, constructed, reconstructed, structurally altered or moved until a permit has been granted by the Building Inspector. An application shall be filed by the owner or his agent and shall state the intended use of both structure and land. The application shall be accompanied by details, plans and specifications, in duplicate, drawn to scale, and a plot plan, drawn to scale, showing the location of proposed buildings with actual dimensions in conventional measures or units, all open spaces, established building lines within the block and other information that will be necessary for the enforcement of this chapter.
B.
Zoning permits.
[Added 10-1-1987 by Ord. No. 7-87]
(1)
Zoning permits as defined in N.J.S.A. 40:55D-7 shall hereafter be secured from the Land Use Administrator prior to construction, erection or alteration of any structure or part of a structure or use of a structure or land. All requests for zoning permits shall be made in writing by the owner or his authorized agent and shall include a statement of the use or intended use and shall be accompanied by a plan of the plot showing thereon the size, shape and location of all proposed structures and such other information as may be necessary to provide for the enforcement of this chapter. The zoning permits shall be granted or denied within 20 days from the date that a written application is filed with the Land Use Administrator.
(2)
A building permit issued in accordance with the Building Code of the Township pursuant to the provisions thereof shall be issued only after or coincident with the issuance of a zoning permit certifying that the application is in compliance with all provisions of this chapter or an approved variance therefrom.
(3)
A building permit shall be secured from the Construction Official prior to the construction, erection or alteration of any building or structure, or part thereof, and prior to the putting into use of any land, or part thereof, and no certificate of occupancy shall be issued without the applicant having first obtained a zoning permit.
(4)
An application fee of $20, payable to Sandyston Township, shall be assessed for a zoning permit to provide for the cost of reviewing such application.
[Amended 11-10-2015 by Ord. No. 2015-09]
§ 150-56 Well drilling.
The Building Inspector shall require from the well driller, upon completion of each well, a copy of the log submitted to the Bureau of Geology of the Department of Environmental Protection of the State of New Jersey. The log shall show the depth and thickness of each strata, its texture and the record of pumping performance of the completed well.
§ 150-57 Certificates of occupancy.
No land shall be occupied or used and no buildings that have been newly erected or altered shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy has been issued by the Building Inspector, which provides evidence that the premises or building, or both, complies with all applicable ordinances of Sandyston Township. In service zones, a new certificate of occupancy shall be required for each change of occupant. No change or extension of use or alteration of use shall be made in a nonconforming use without a certificate of occupancy having first been issued by the Building Inspector, showing that the contemplated changes are in conformity with the requirements of this chapter.
§ 150-58 Records.
[Amended 10-1-1987 by Ord. No. 7-87]
It shall be the duty of the Building Inspector to keep a record of all applications for building permits, a record of all permits issued, a record of well logs and a record of occupancy permits issued, together with a notation of all special conditions involved. He shall file and keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available to the Township Committee and to other officials of the Township of Sandyston. At the request of the Township Committee, the Building Inspector shall prepare quarterly reports of such permits applied for and issued and all complaints of violations and action taken consequent thereto. A copy of the reports shall be filed with the Township Tax Assessor.
§ 150-59 Temporary permits.
[Amended 1-4-1994 by Ord. No. 8-93]
A.
A temporary permit may be issued for structures incidental to construction projects on the same premises, such as a temporary structure for storage of building supplies, tools and machinery or a real estate office located on the tract offered for sale. Such permits shall be issued at the discretion of the Zoning Official and shall not run for a period of more than one year. Such permits may be renewed annually by the Zoning Official for a maximum of three years, and regardless of the period of activity, the issuance shall be conditioned upon agreement of the owner to discontinue use of and to remove the temporary structure upon expiration of the permit.
B.
A temporary permit may be issued at the discretion of the Zoning Official, subject to reasonable terms and conditions, for the maintenance and use of a mobile home at the site of any single-family dwelling, the use of which has been interrupted by fire or other casualty. Such temporary permit shall expire by its terms or upon completion and approved occupancy of the permanent dwelling, whichever shall occur first. The Zoning Official shall have the discretionary power to extend such permits for good cause shown.
§ 150-60 Violations and penalties.
[Amended 10-2-1986]
Any person who shall violate any of the provisions of this chapter or refuse to abate any violations within five days after notification thereof; or who shall erect, alter, enlarge, build or move any building or any structure; or who shall put into use any lot of land in violation of any of the detailed statements or plans submitted hereunder; or who shall refuse reasonable opportunity to inspect any premises shall be liable to a fine of not more than $1,000 or to imprisonment in the county jail for a period not exceeding 90 days, or both. Each day such violation continues beyond the five-day period of grace shall be deemed a separate and distinct violation of this chapter. The owner, tenant or other occupant of any building or structure or a part thereof where anything is in violation of this chapter; any architect, builder, contractor, agent, person or corporation employed in connection therewith; and whoever assists in the commission of such violation shall each be guilty of separate offenses, and, upon conviction thereof, each shall be liable to fine or imprisonment, or both, as set forth above.
§ 150-61 Nonconforming uses.
[Amended 9-3-1987 by Ord. No. 8-87; 7-2-1996 by Ord. No. 4-96]
Except as otherwise provided in this section, the lawful uses of land or buildings existing at the date of the adoption of this chapter, or any previous ordinance, may be continued although such use or building does not conform to the regulations specified herein for the zone in which such land or building is located; provided, however, that:
A.
No lot, nonconforming due to size, shall be further reduced in size.
B.
No nonconforming use may be expanded without the grant of a variance by the Planning Board and that no nonconforming structure may be expanded so as to increase the degree of nonconformity without the grant of a variance by the Board of Adjustment.
C.
If a nonconforming use has been abandoned, such use shall not be recommenced, Cessation of a nonconforming use for a continuous period of one year may be taken as prima facie evidence of an intent to abandon such use.
D.
A nonconforming building or structure may be repaired in the event of the partial destruction thereof, provided that a building permit is obtained within six months after the date of said destruction and work is commenced within one year after issuance of the permit.
E.
No nonconforming use, if once changed into a conforming use, shall be changed back into a nonconforming use.
F.
The lot upon which a nonconforming use is situated shall not be added to for the purpose of enabling expansion of the nonconforming use.
G.
Signs, in their original position at the time of the adoption of this chapter, may be repainted and repaired but not enlarged. Signs knocked down from whatever cause may be restored to their former position but not moved to a new location without application for a building permit and conformation with the provisions of this chapter.
§ 150-62 Zoning Board of Adjustment.
§ 150-63 Fees.
[Amended 9-1-1977; 7-11-1985]
A.
B.
Such fees may be changed from time to time with the approval of the Township Committee.[1]
[1]
Editor’s Note: Former Art XII, Growth Share, added 8-1-2006 by Ord. No. 8-06, as amended 5-13-2008 by Ord. No. 2008-04 and 7-8-2008 by Ord. No. 2008-12, which immediately followed this section, was repealed 1-11-2011 by Ord. No. 2010-12.