Stillwater Township
City Zoning Code
City Zoning Code
ARTICLE XII
Administration; Enforcement; Penalties
§ 240-119 Enforcement responsibilities.
§ 240-120 Application for zoning permit.
The application shall be made to the Zoning Officer for issuance of a zoning permit, which permit shall be issued and a copy delivered to the Construction Official before issuance of a building permit. The Zoning Officer shall require two sealed plot plans with an embossed seal prepared by a New Jersey licensed professional engineer, land surveyor or architect, as authorized by N.J.A.C., Subchapter 7 of Title 13, drawn to scale and showing the size and location of all existing and proposed buildings, structures and other facilities, all streams, wetlands, easements and other natural features sufficient to enable him to determine whether all zoning requirements are met. The requirement for sealed plot plans may be waived for additions, alterations or accessory structures to existing single-family dwellings and a sketch, prepared by the owner or applicant, accepted in lieu thereof. Where there is a question as to the size, location or other zoning, requirement, he may require a sealed location survey. In the event of any material deviation from the approved application, plot plan or building plans, the Zoning Officer may stop construction by posting, a stop-work notice at the building site. The Zoning Officer shall have the right to enter a building or premises during the daytime in the course of duty after proper notification to the property owner or occupant of the property.
§ 240-121 Issuance, recording and duration of zoning permits.
A.
A zoning permit shall be required in the following instances:
(1)
Before issuance of any building permit and before using or allowing the use of any structure, building or land or part thereof hereinafter created, erected, changed, converted or enlarged, wholly or partly.
(2)
Before changing the size of any building, property or part thereof or allowing, a change of use of any building, property or part thereof.
B.
A zoning permit shall show that every building or premises or part thereof, and the proposed use thereof, is in conformity with the provisions of this chapter or in conformity with the provisions of a variance granted according to law.
C.
Any person desiring to change the use of his premises shall apply to the Zoning Officer for a zoning permit, stating under oath such facts as required. A copy of the zoning permit shall be kept on file at all times upon the premises affected and shall be displayed upon the request of any authorized official.
D.
All zoning permits shall be issued in triplicate, and one copy shall be posted conspicuously on the premises affected whenever construction work is being performed thereon. No owner, contractor, workman or other persons shall perform any building, operations of any kind unless the zoning permit covering such operation has been previously issued. Furthermore, no building operations of any kind shall be performed after notification of the revocation of the zoning permit.
E.
Records and reports.
(1)
Records. It shall be the duty of the Zoning Officer to keep a record of all applications for zoning permits and a record of all permits issued, together 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 Township Committee and of other officials of the Township.
(2)
Reports. The Zoning Officer shall prepare a monthly report for the Township Committee summarizing, for the period since his last report, all zoning permits issued, complaints of violations received and action taken by him with respect thereto. Such report shall be in a form and shall contain such information as the Township Committee may direct. A copy of such reports shall be made available to the Construction Official and to the Tax Assessor.
F.
A zoning permit, once granted, shall continue in effect so long as there is no change of use or occupancy of the premises.
§ 240-122 Time for decision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Zoning Officer shall issue or deny a zoning permit within 10 business days of receipt of a request therefor. If the Zoning Officer fails to grant or deny a zoning permit within this period, the failure shall be deemed to be an approval of the application for the zoning permit.
§ 240-123 Exceptions.
The Zoning Officer may waive plans on minor alterations not affecting structural change.
§ 240-124 Fees.
Fees shall be paid in accordance with the provisions of Article IX of this chapter.
§ 240-125 Revocation of zoning permit.
If it shall appear at any time to the Zoning Officer that the application or accompanying plans is in any material respect false or misleading or that the work is being done upon the premises differing materially from that called for in the application previously filed with him and may be in violation of any provision of this chapter, he may forthwith revoke the zoning permit.
§ 240-126 Issuance of permit for existing use.
Within one year from the effective date of this chapter or from the effective date of any subsequent amendment to this chapter, the effect of which is to make certain uses nonconforming, the owner of the property upon which any such nonconforming use exists may apply for and obtain at no charge a zoning permit certifying the extent and kind of use and specifying the nonconformity in detail. After the expiration of any such one-year period, a zoning permit may be issued for a nonconforming use only by the Zoning Board of Adjustment after a hearing held on notice to all persons entitled thereto in accordance with § 240-35.
§ 240-127 Certificates of occupancy.
It shall be unlawful for an owner to use or permit the use of any building, or part thereof, hereafter erected, altered, converted or enlarged, wholly or in part, until a certificate of occupancy shall have been issued by the Construction Official.
§ 240-128 Temporary use permits.
Recognizing, in certain instances, the necessity for certain temporary uses, the Board of Adjustment, after hearing, may authorize temporary use permits pursuant to the authority of N.J.S.A. 40:55D-70b.
A.
Such permits may be issued for a period not to exceed one year and, on future application to the Board of Adjustment, may be extended, for good cause shown, for an additional period not to exceed one year. Thereafter, such temporary use permit shall expire, and the use so permitted shall be abated. Any structures erected in connection therewith shall be removed. Where deemed appropriate, the Board of Adjustment may require such guaranties as it may deem sufficient to cause such abatement and/or removal.
B.
Where a building permit has been issued, a temporary certificate of occupancy for a dwelling house may be granted to a developer to permit such dwelling house to be used, temporarily, as a sales and management office for the sale of those homes within a subdivision, provided that all of the following requirements are met:
(1)
The house to be used as such office is built upon a lot approved as part of a subdivision that has been approved by the Planning Board.
(2)
The house is of substantially the same quality of construction as those homes to be sold within the subdivision.
(3)
No other business than that which is accessory to the management and the sale of lands owned by the developer shall be permitted.
(4)
The dwelling house shall meet all other requirements of the zone district in which it is located.
C.
Where a building permit has been issued, the Board of Adjustment may grant a temporary use permit for a nonconforming use incidental to construction projects on the same premises, such as the storage of building supplies and machinery and/or the assembly of building materials. For example, but not by way of limitation, such temporary use permit may be issued to permit the parking of a construction trailer on such a site or a house trailer to be parked only during reconstruction of a building damaged by fire, flood or other casualty.
D.
The Board of Adjustment may grant a temporary use permit for the erection and maintenance of temporary structures or buildings for the conduct of permitted uses where such permitted uses have been interrupted by reason of fire or other casualty. Such temporary use permit shall expire at the time the necessary repair or reconstruction of the permanent structures or buildings has been accomplished or within one year, whichever occurs first.
E.
The Board of Adjustment may grant temporary use permits for the location of temporary structures, in connection with permitted uses, on the site of such permitted use, which is either existing or about to be established, upon the construction of permanent facilities which are an addition to the permitted use or which will result in permanent facilities to house the permitted use. For example, but not by way of limitation, such temporary use permits may be issued to permit the parking of a trailer housing banking facilities, temporary office space, temporary classroom space and/or temporary warehouse space on such a site.
§ 240-129 Sign permits.
A sign permit shall be required prior to the erection or alteration of any sign.
§ 240-130 Temporary certificates of occupancy and zoning permits.
The Zoning Officer may issue a temporary zoning permit related to the development of a permitted use of the property. In evaluating any application for such temporary permits, the building or structure in question must meet the minimum requirements as set forth in the New Jersey Uniform Construction Code Act for the issuance of temporary certificates of occupancy and a performance guaranty shall be posted which is sufficient, in the judgment of said Zoning Officer, acting with the advice of the Planning Board engineer or Municipal Engineer that will guarantee the completion of the project; if said guaranty is in the form of a cash deposit, it shall be held in a deposit or escrow account and shall, upon completion of all requirements, be returned to the developer without interest. Such temporary permits may be extended for an additional period not to exceed six months subject to extension of any security or guaranty.
§ 240-131 Violations of subdivision and site plan requirements.
A.
Failure to obtain approval. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Civil action. In addition to the foregoing, the Township may institute and maintain a civil action:
(1)
For injunctive relief.
(2)
To set aside and invalidate any conveyance made pursuant to such contract of sale, if a certificate of compliance has not been issued in accordance with the provisions of N.J.S.A. 40:55D-56. Any such action shall be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of such land or within six years if unrecorded.
C.
Lien to be held as security. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors, to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any.
§ 240-132 Violations and penalties.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For any and every violation of the provisions of this chapter, the owner, contractor or other persons interested as general agent, architect, building contractor, owner, tenant or any other person who commits, takes part in or assists in any violation of this chapter, or who maintains any building or premises in which any violation of this chapter shall exist, and who shall have refused to abate such violation within five days after written notice shall have been served upon him, either by registered mail or personal service, shall, for each and every violation, be subject to a maximum fine of $2,000, imprisonment for not more than 90 days or a period of community service for not more than 90 days, or any combination thereof, at the discretion of the court or judicial officer for whom a conviction may be had. Each and every day that the violation continues after such notice shall be considered a separate and specific violation of this chapter.
§ 240-133 Use of property.
[Added 6-16-2015 by Ord. No. 2015-5]
A.
No person shall use or occupy any land or structure in violation of any provisions of this chapter or in violation of the permitted zoning uses for the zone district in which the land or structure is located unless such use or structure is a lawful preexisting nonconforming use or has otherwise been allowed by a variance or approval granted by the Planning Board or Zoning Board of Adjustment.
B.
No person shall use or occupy any land or structure which use or occupancy requires site plan approval pursuant to the provisions of this chapter without first having obtained said site plan approval from the Planning Board or Zoning Board of Adjustment unless said use or occupancy is a lawful preexisting nonconforming use.
C.
No person shall use or occupy any land or structure in violation of any site plan approval granted by the Planning Board or Zoning Board of Adjustment or any predecessor thereto.
§ 240-134 Cannabis.
[Added 5-4-2021 by Ord. No. 2021-06]
Pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16[1]), all classes of cannabis licenses, including, but not limited to, all cannabis establishments, cannabis distributors and/or cannabis delivery services are hereby prohibited from operating anywhere in the Township of Stillwater, except for the delivery of cannabis items and related supplies by a delivery service.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.