South Plainfield City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 540-66 Enforcement.
A.
The provisions of this chapter shall be administered and enforced by the Zoning Officer, Police Department, or Code Enforcement Official of the Borough. In no case shall a permit be granted for the construction, alteration or use of any building where the proposed construction, alteration or use thereof would be in violation of any provision of this chapter. It shall be the duty of the Zoning Officer or his duly authorized assistant to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of any provision of this chapter.
[Amended 7-15-2019 by Ord. No. 2148]
B.
Zoning violations. Each of the following types, categories or classes of cases may be prosecuted by the Borough Prosecutor or the Borough Attorney in the Borough of South Plainfield Municipal Court by the filing therewith of a summons by the Zoning Officer or Engineer of the Borough or his designee:
[Added 9-20-2010 by Ord. No. 1901]
(1)
Violation of any site plan or subdivision approval granted by either the South Plainfield Borough Zoning Board of Adjustment ("Zoning Board") or the South Plainfield Borough Planning Board ("Planning Board"), including the failure or refusal to comply with any details set forth in the approved plans or any condition or conditions of approval as set forth in the approving Board’s resolution;
(2)
Violation of any "D" variance approval granted by the Zoning Board;
(3)
Violation of any "C" variance granted by the Zoning Board or Planning Board;
(4)
Violation of any easement granted to or running in favor of the Borough of South Plainfield or to any other municipal entity, body or board;
(5)
Violation of any court order (including a consent order) issued by a judge of any court of competent jurisdiction relative to any land use or land development case or controversy;
(6)
Violation of any zoning agreement entered into between the Borough and any property owner;
(7)
Violation of any agreement between the Borough and a named defendant which was entered into to resolve a Municipal Court zoning case; or
(8)
Violation of any requirement of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., relative to any land within the Borough of South Plainfield.
§ 540-67 Zoning permits.
Zoning permits shall hereafter be requested from the Zoning Officer 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 of the building or structure or land and shall be accompanied by a plan of the plat showing thereon the exact size, shape and location of all proposed structures and all existing structures and such other information as may be necessary to provide for the enforcement of this chapter.
§ 540-68 Certificate of occupancy.
It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, located, erected, changed in use or ownership, converted or enlarged wholly or partly until a certificate of occupancy has been issued for that premises certifying that the structure or use complies with the provisions of this chapter. Such certificates of occupancy shall be granted or denied within 10 days from the date that a written application is filed with the Zoning Officer and Construction Official.
§ 540-69 Records and reports.
A.
It shall be the duty of the Zoning Officer to keep a record of all applications for permits and a record of all permits issued with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Mayor and Borough Council and of other officials of the Borough, county or state.
B.
The Zoning Officer shall prepare a monthly report for the Borough Council summarizing, for the period since his last previous report, all zoning permits and certificates issued by him and all complaints of violations and the action taken by him consequent thereon. A copy of each report shall be filed with the Borough Tax Assessor at the same time it is filed with the Borough Council.
§ 540-70 Other permits.
A.
Temporary use permits. It is recognized that it may be in accordance with the purposes of this chapter to permit temporary activities for a limited period of time, which uses may be prohibited by the provisions of this chapter. If such cases are of such a nature and are so located that, at the time of the petition, they will in no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone and will contribute materially to the welfare of the Borough, particularly in a state of emergency, under conditions peculiar to the time and place involved, then the Zoning Board may, by resolution after written application therefor, subject to all regulations for the issuance of special permits elsewhere specified, issue a permit for a period not to exceed six months. Such period may be extended not more than once for an additional period of six months.
B.
Conditional use permits.
(1)
An application for any conditional use permit specified in this chapter shall be made to the Planning Board. After a hearing, the Planning Board may instruct the Zoning Officer that a permit be granted, if in its judgment any one of such cases complies with the conditions and standards hereinabove set forth and if it will not be detrimental to the health, safety and general welfare of the Borough and is deemed necessary for its convenience.
(2)
In approving any such application, the Planning Board may impose any conditions that it deems necessary to accomplish the reasonable application of applicable standards as provided in the appropriate sections of this chapter and Chapter 515, Development Review, of this Code and may deny any such application, but only in accordance with said standards.[1]
[1]
Editor's Note: The following original sections, which immediately followed this section, have been superseded as indicated: § 1206, Collection, maintenance and expenditure of development fees, added by Ord. No. 1446 and amended by Ord. No. 1719, was superseded by Ord. No. 1856; § 1207, Uniform affordable housing productions based upon growth share, added by Ord. No. 1720, was superseded by Ord. Nos. 1726 and 1867; and § 1208, General affordable housing provisions, added by Ord. No. 1726, was superseded by Ord. No. 1867. For current provisions see Ch. 504, Affordable Housing, Arts. I and III. Original § 1209, Municipal Housing Liaison, added by Ord. No. 1730, is now included as Ch. 504, Article II.
§ 540-71 Violations and penalties.
[Amended 7-17-1997 by Ord. No. 1456; 6-26-2006 by Ord. No. 1735]
A.
The owner or agent of a building or premises where and upon which a violation of any provision of these regulations shall have been committed or shall exist, or the lessee or tenant of any part of the building or premises in which such violation shall have been committed or shall exist, or the agent, architect, building contractor or any other person who shall commit, take part or assist in any such violation or who shall maintain any building or premises in which any violation of this chapter shall exist, shall for each and every violation, after plea, trial and conviction by the Municipal Court Judge, be imprisoned in the Middlesex County Jail for a period not exceeding 90 days or be fined not exceeding $2,000, or both. For each and every day that a violation is permitted or suffered to exist, a separate offense shall be construed to have been perpetrated.
B.
N.J.S.A. 40:49-5 provides that: "Any municipality that chooses to impose a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes shall provide a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed."[1]
§ 540-72 Amendments.
The Borough of South Plainfield may from time to time amend or change, by ordinance, the number, shape or areas of districts and zones herein established and the regulations set forth in this chapter in accordance with the Municipal Land Use Law.
§ 540-73 Repealer.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed. However, the enactment of this chapter shall not be construed as abating any actions now pending under or by virtue of such ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue or as affecting the liability of any person, firm or corporation or as waiving any right of the Borough of South Plainfield under any section or provision existing at the time of the passage of this chapter.
§ 540-74 Copy to be filed with County Planning Board.
Immediately upon adoption of this chapter, the Borough Clerk shall file a copy of this chapter with the County Planning Board as required by law.
§ 540-75 When effective; existing building permits.
This chapter shall take effect immediately upon final adoption and publication as required by law. All building permits issued prior to the effective date hereof shall be of full force and effect and the holders thereof shall be governed by the regulations in effect at the time of the issuance of said building permits.
§ 540-76 Dedication of property for sewer or drainage and widening of streets.
No lot which conforms to the requirements of this chapter governing minimum lot width, depth or area shall be deemed or considered to be nonconforming where such nonconformity is created solely by virtue of dedication to the Borough, the county, the state or the Sewerage Authority of land for a street, avenue or road, or sewer, drainage right-of-way or other municipal purpose easement, provided that the width, depth or lot area remaining is not less than 80% of the requirements of this chapter; and provided, further, that this section shall not apply where such dedication is made pursuant to Chapter 515, Development Review, in connection with the subdivision of lands into four or more lots or in connection with the dedication of a new street.
§ 540-77 Expiration of variance.
Any variance from the terms of this chapter hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation, unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance or unless such permitted use has actually been commenced, within one year and the construction or alteration completed within two years from the date of publication of the notice of the judgment or determination of the Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
§ 540-78 Prohibited uses.
[Added 8-16-2021 by Ord. No. 2207]
Any use not specifically permitted in the zoning district established by this Chapter is hereby specifically prohibited from that district, and further provided that the following uses and activities shall be specifically prohibited in any zone in the Borough: