Somers Point City Zoning Code
ARTICLE XXVI
Administration and Enforcement
§ 114-189 Enforcement officer designated; duties.
All provisions of this chapter shall be enforced by the Construction Official of the City of Somers Point. In no case shall a building permit be issued for construction or alteration of a use or any building, where such construction or alteration would be in violation of any provision of this chapter. The Construction Official shall be authorized to grant permits where provisions of this chapter have been complied with, to make inspections and to examine plans and specifications. The Construction Official shall keep careful and comprehensive records of all applications, permits issued, inspections made and notices issued. The City Tax Assessor shall receive a copy of all permits.
§ 114-190 Building permits.
A.
Permits for major subdivisions. No building permits shall be issued by the Construction Official for any dwellings, buildings or structures within a subdivision until final approval has been granted. Upon application to the Planning Board, up to three building permits may be issued for model homes in a major subdivision prior to final approval.
B.
Other permits. No building permits shall be issued for alteration or construction of buildings or structures, sign construction or change in use until final site plan approval has been granted as required in this chapter.
§ 114-191 Certificates of occupancy.
No certificate of occupancy for any dwelling, building or structure shall be granted by the Construction Official unless all required improvements have been installed or completed.
§ 114-192 Certificates of approval.
Certificates of approval for subdivisions and site plans shall be issued by the City Clerk upon receipt of a signed approval plat from the appropriate board.
§ 114-193 Applications for permits and certificates.
Applications for all permits and certificates provided in this article shall be made upon the proper form and accompanied by the fee prescribed in Article XXVII.
§ 114-194 Violations and penalties; civil action.
A.
The following penalties shall be imposed for violation of the provisions of this chapter.
(1)
Sale before approval. If, before final approval has been granted, any person transfers, sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board is required to act, such person shall be subject to a fine not to exceed $500 or imprisonment not to exceed 30 days, and each lot or parcel so disposed of shall be deemed a separate violation.
(2)
Any other violation of the provisions of this chapter shall be punishable by a fine not to exceed $500 or imprisonment not to exceed 30 days. Each day that a violation shall continue shall constitute a separate violation.
B.
Nothing in this article shall be construed to limit the City of Somers Point's right to institute and maintain a civil action from seeking active injunctive relief, or to set aside or invalidate any conveyance made pursuant to a contract of sale.
§ 114-195 Denial of permit or certificate; notice to applicant.
Where a permit or certificate is denied, the official responsible shall send promptly to the applicant, at the address given on the application, a notice of decision setting forth the reasons for denial.
§ 114-196 Expiration of permits and certificates.
Building permits shall be issued separately for each lot and shall lapse one year after issued. Certificates of occupancy shall be granted or denied within 10 days of application if all city requirements are complied with in the case of new construction, within 30 days in the case of alterations and conversions, and within 30 days following Zoning Board approval in the case of nonconforming uses and variances. Such certificates shall lapse 90 days after issued. Minor subdivision approval shall expire 190 days from the date of municipal approval unless, within such time, a plat in conformity with such approval and meeting provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision and signed by the Planning Board Chairman and Secretary is filed by the developer with the county recording officer, municipal engineer and municipal Tax Assessor. Major subdivision approval shall expire 95 days from the date of approval, unless within such time a plat, signed by the Planning Board Chairman and Secretary, shall have been filed by the developer with the county recording office. An extension not to exceed 190 days may be granted by the Planning Board.
§ 114-197 Powers of Planning Board and Zoning Board of Adjustment.
[Amended 7-24-1986 by Ord. No. 13-1986]
The Planning Board and Zoning Board of Adjustment of the City of Somers Point shall enforce the Subdivision, Site Plan and Zoning Articles of this chapter. In conjunction therewith, said Boards are hereby granted and shall exercise full authority as may be delegated to them pursuant to N.J.S.A. 40:55D-1 et seq., or as the same may be hereafter amended.
§ 114-198 Municipal approval conditioned on county approval.
Wherever review or approval of an application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), for submissions, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), for site plans, the municipal Boards (Planning and Zoning) shall condition all approvals upon timely receipt of a favorable report on the application by the County Planning Board.
§ 114-199 Appeals.
[Amended 7-24-1986 by Ord. No. 13-1986]
A.
Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by a decision of the Zoning Officer in accordance with the provisions of N.J.S.A. 40:55D-72 and 40:55D-73.
§ 114-200 Hearings; public notice.
A.
Hearings. Hearings shall be held by the Planning and Zoning Boards for all developmental applications. Notice of such hearing in accordance with the public notice requirements listed below shall be provided for by the applicant/developer/subdivider for all applications except those for minor subdivisions and conventional site plans and final subdivision approval if such applications do not require the Planning Board to exercise its ancillary jurisdiction pursuant to N.J.S.A. 40:55D-60.
B.
Public notice.
(1)
Public notice shall be given pursuant to N.J.S.A. 40:55D-12. At least 10 days prior to the date of the hearing, a notice of hearing shall be given, stating the date, time and place of the hearing and nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office, and the location and times at which maps and exhibits for which approval is sought are available for inspection.
(2)
Such notice shall be given as follows:
(a)
By publication in the official newspaper of the City of Somers Point.
(b)
To all owners of real property as shown on the current tax duplicate located within 200 feet in all directions of the property which is the subject of the hearing, which notice shall be given by serving a copy thereof on the property owner, as shown on the current tax duplicate, or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).
(c)
Notice to a partnership owner may be made by service upon any partner; notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
(d)
To the Clerk of any adjoining municipality or municipalities and to the County Planning Board when the property involved is located within 200 feet of said adjoining municipality or municipalities, which notice shall be given by personal service or certified mail.
(e)
To the County Planning Board when the application for development involves property adjacent to an existing county road or proposed road shown on the Official County Map or the County Master Plan or adjoins other county land.
(f)
To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway.
(g)
To the Director of the Division of State and Regional Planning in the Department of Community Affairs when the hearing involves an application for development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk, pursuant to N.J.S.A. 40:55D-10b.
(3)
Upon written request from the applicant, the Municipal Tax Collector or his/her designee will provide, for a fee of $10, a certified list from the current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice.
[Amended 2-27-2003 by Ord. No. 3-2003]
C.
Public notice following decisions. All decisions of the Planning and Zoning Boards shall be provided as follows:
(1)
A copy of the decision shall be mailed to the applicant, at the address given on the application, within 10 days of the decision, and a copy shall be mailed to those requesting a copy. A copy for public inspection shall be placed on file with the City Clerk.
(2)
A notice of decisions shall be published in the official newspaper of the City of Somers Point by the applicant.