Trenton City Zoning Code
ARTICLE 13
Land Development Application
§ 315-13.1 SUMMARY OF APPLICATIONS.
A.
Table 13-1: Summary of Land Development Applications summarizes the approval authority of the land development applications of this Article. All land development applications must be filed as indicated in Table 13-1. The application must be on forms provided by the City and filed in such quantity and with such submittals as required by the instructions.
C.
Applications related to the historic districts are regulated by Article 15.
Table 13-1: Summary of Land Development Applications | ||
|---|---|---|
Application | Submittal Body | Approval |
Conditional Use | Division of Planning Staff | Planning Board |
Conditional use includes D Variance | Zoning Officer | Zoning Board of Adjustment |
Conditional use includes C Variance | Division of Planning Staff | Planning Board |
C Variance | Zoning Officer | Zoning Board of Adjustment |
C Variance includes Conditional Use | Zoning Officer | Planning Board |
C Variance includes Site Plan | Division of Planning Staff | Planning Board |
C Variance includes Subdivision | Division of Planning Staff | Planning Board |
D Variance | Zoning Officer | Zoning Board of Adjustment |
D Variance includes Conditional Use | Zoning Officer | Zoning Board of Adjustment |
D Variance includes Site Plan Review | Zoning Officer | Zoning Board of Adjustment |
Site Plan Review | Division of Planning Staff | Planning Board |
Site Plan Review includes D Variance | Zoning Officer | Zoning Board of Adjustment |
Subdivision | Division of Planning Staff | Planning Board |
Subdivision includes D Variance | Zoning Officer | Zoning Board of Adjustment |
Zoning Determination | Zoning Officer | Zoning Officer |
Zoning Appeals of Zoning Officer Decisions | Division of Planning Staff | Zoning Board of Adjustment |
Zoning Permit | Zoning Officer | Zoning Officer |
Construction Permit | Construction Official | Construction Official |
Certificate of Occupancy | Construction Official | Construction Official |
§ 315-13.2 GENERAL APPLICATION PROCEDURES.
A.
Informal Review/Concept Plan.
1.
At the request of the developer, the Project Application Review Committee (PARC) may grant one informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development.
2.
At the request of the developer, the Division of Planning Staff may grant one informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development.
3.
The developer is not required to submit any fees for one informal review.
4.
The developer is not bound by any concept plan for which review is requested, and the subsequent approval body is not bound by any such review.
B.
Development Checklist and Fees, Completeness Review, and Staff Report.
3.
The submittal body in Table 13-1 will review land development applications for the purpose of determining, within 45 days of submission, whether the application is complete.
4.
If the application contains all the information required by the application, the submittal body will certify that the application is complete.
5.
If the application is found to lack information required by the application, the submittal body will either:
a.
Notify the applicant, in writing, that the application is incomplete, specifying the deficiencies in the application; or
b.
If the submittal body reasonably concludes that the missing items of information are necessary to make an informed decision on the application but are not of such significance to cause the application to be deemed incomplete, the submittal body may declare the application complete, conditioned upon the submission of the missing items of information within 10 days.
6.
An applicant who has been notified that the application is incomplete may request a waiver of one or more of the submission requirements. Such request must be granted or denied by the applicable Board within 45 days.
7.
In the event the submittal body fails to act within 45 days of the date of submission, the application will be deemed complete on the 46th day following its submission.
8.
On the date the application is certified complete, the applicable time period within which the applicable Board must act upon the application will commence.
9.
The applicable board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this Ordinance, or may require revisions to the application documents as are reasonably necessary to make an informed decision, provided that the application is not deemed incomplete for lack of any such additional information or revisions.
10.
Following a determination of completeness, the staff will review the land development applications to determine conformity with Ordinance requirements. The staff will prepare a report of its recommendations to be forwarded to the applicable board.
C.
Withdrawal of Application.
1.
Applicant Withdrawal of Application.
An applicant has the right to withdraw an application at any time prior to the final decision on the application by a board or official, including the ability to withdraw the application if it has been tabled by a board or official. The applicant must submit a request for withdrawal in writing or on the record. There will be no refund of fees.
2.
Default Withdrawal of Application.
Following a request for an applicant to submit a revised application when under review by the applicable Board, if the applicant has not submitted a revised application within six months, and he/she has not asked for an extension of time, the application will be considered withdrawn by default. There will be no refund of fees.
3.
Acting Upon Submitted Application.
The applicable Board may act upon the information available to them at any time once an application comes before them. This includes acting upon applications where a revision has been requested by the Board but not yet submitted.
D.
Consideration of Successive Applications (Res Judicata).
The same application, once denied, cannot be resubmitted unless the applicant can show there is substantial new evidence available or that changed circumstances exist.
§ 315-13.3 APPROVAL PROCESS GENERAL PROCEDURES.
The following apply to the land development application approval processes of this section.
A.
Other Governmental Agency Review.
1.
In the event that an application for development requires an approval by a governmental agency other than the applicable City Board, the Board must, in such circumstances, condition approval upon the subsequent approval of such governmental agency, provided that the City must make a decision on any application for development within the time period required by this Ordinance, unless extended by mutual consent of the applicant and the Board. However, the decision timeframe may be exceeded if the City is prevented or relieved from so acting by operation of law.
2.
The failure to fulfill any such required condition from other governmental agencies is grounds for the issuance of a stop-work order and withholding of any zoning permit, construction permit, certificate of occupancy, or any other approval until such condition is fulfilled.
B.
Decisions.
1.
Each decision on any application for development must be reduced to writing by the Board and include findings of facts and conclusions of law thereon.
2.
The Board must provide the findings and conclusions of law through:
a.
A resolution adopted at a meeting held within the time period provided in this chapter for action by the Board on the application for development; or
b.
A memorializing resolution adopted at a meeting held no later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption will be sufficient to adopt the resolution. If only one member who voted for the action attends the meeting at which the resolution is presented for adoption, the resolution may be adopted upon the vote of that member. An action pursuant to N.J.S.A. 40:55D-9, resulting from the failure of a motion to approve an application, must be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution.
3.
The vote on any memorializing resolution must be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution constitutes the date of the decision for purposes of the mailings, filings and publications required.
4.
If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, will be assessed against the City.
C.
Notice of Decision.
Any decision of the Planning Board or the Zoning Board of Adjustment when acting on an application, and any decision of the City Council when acting on an appeal must give notice as follows:
1.
Copy to Applicant, Interested Parties.
A copy of the decision must be mailed, by the City, within ten days of the date of decision to the applicant or appellant, or, if represented, to his/her attorney, without separate charge. A copy of the decision shall also be filed by the municipal agency in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours. A copy of the decision must also be mailed within ten days to any interested party per § 315-13.4.D who has requested notice and has paid the designated fee.
2.
Published Notice.
A brief notice of every final decision must be published in the City of Trenton's official newspaper. Such publication must be arranged by the applicant unless a particular City officer is designated to do so by ordinance. The City may make a reasonable charge for its publication. The notice must be sent to an official newspaper for publication within ten days of the date of any such decision.
3.
Appeal to a Court of Competent Jurisdiction.
The period of time in which an appeal to a court of competent jurisdiction may be made runs from the first publication, whether arranged by the municipality or the applicant, or the mailing of notice to the applicant in the case of a denial or modification.
§ 315-13.4 REQUIRED NOTICE FOR PUBLIC HEARINGS.
A.
Notice for Public Hearings.
Public notice of public hearings must be provided for the following applications. The Division of Planning will set the date, time, and place for the public hearing and inform the applicant of this at least 21 days prior to such hearing date.
2.
Conditional use approvals.
3.
C variances.
4.
D variances.
5.
Preliminary site plan, unless the requirement is waived by the Planning Board for a minor site plan.
6.
Preliminary plat, unless the requirement is waived by the Planning Board for a minor subdivision.
7.
Extension of site plan or subdivision approval for five or more years.
8.
Modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the original application required public notice.
B.
Notice Contents.
A notice must contain the following:
1.
The name of the applicable board (Planning Board or Zoning Board of Adjustment).
2.
The date, time, and place of the public hearing.
3.
The street address of the subject property or by reference to lot and block numbers as shown on the current tax duplicate in the City Tax Assessor's Office. This is not required for Ordinance text amendments (Article 14); however, it is required for a Zoning Map amendment.
4.
A description of the application to be considered.
5.
The location and times where the application, including any maps and supporting documents, can be viewed by the public.
C.
Types of Notice.
Notice must be provided at least ten days prior to the date of the public hearing by:
1.
Published.
Publication once in the City of Trenton's official newspaper.
2.
Mailed.
Notice of a hearing requiring public notice must be given by the applicant by personal service or certified mail. An affidavit of proof of the giving of the required notice must be filed by the applicant with the applicable Board at or prior to the hearing. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing. Mailed notice does not apply to text amendments.
a.
Upon the written request of an applicant, the City Engineer's office will, within seven days, make and certify a list from current tax duplicates of the names and addresses of owners within the City to whom the applicant is required to give mailed notice. In addition, the names, addresses, and positions of those persons will be included who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice. The applicant will be charged a fee per the City's fee schedule for this list and is entitled to rely upon the information contained within the list. Failure to give notice to any lot owner, to any public utility, cable television company, or local utility or to any military facility commander not on the list does not invalidate any hearing or proceeding. The applicant remains responsible for giving proper notice to any property owners outside the City who are required to receive notice per this section.
b.
Personal service or certified mail to all owners of property within 200 feet of the subject property, including property owners in any abutting municipality if the property in question is located within 200 feet of any of the City's boundary lines. This does not apply to text amendments.
i.
This requirement is satisfied when notice is sent to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or to the horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice must be given either by personal service to the property owner, as shown on the said current tax duplicate, or the agent in charge of the property, or by certified mail to the property owner at his address as shown on the said current tax duplicate.
ii.
Notice to a partnership owner may be made by service upon any partner.
iii.
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.
iv.
Notice to a condominium association, horizontal property regime, community trust, or homeowners' association, due to ownership of common elements or areas located within 200 feet of the subject property may be made in the same manner as a corporation without further notice to unit owners, co-owners, or homeowners because of such common elements or areas.
c.
Personal service or certified mail to the clerk of any municipality located within 200 feet of the subject property.
d.
Personal service or certified mail to the Mercer County Planning Board when the application involves property adjacent to an existing county road or proposed road as shown on the County Official Map or County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
e.
Personal service or certified mail to the New Jersey Commissioner of Transportation if the subject property abuts a State highway.
f.
Personal service or certified mail to the State Planning Commission if the application exceeds 150 acres or 500 dwelling units.
D.
Additional Notice for Major Subdivision or Major Site Plan.
Notice of public hearings on major subdivision or major site plan application require the following additional notice:
1.
In the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the City and which has registered with the City in accordance with N.J.S.A. 40:55D-12.1 by:
a.
Serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility; or
b.
Mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
2.
In the case of a military facility which has registered with the City and is situated within 3,000 feet in all directions of the subject property by:
E.
Notice for Continuations.
If an application is continued to a subsequent hearing on a date certain, an announcement of such continuation and the date of continuation of the hearing must be made at the time of continuation. In such case, no additional notice by personal service or certified mail is required.
§ 315-13.5 OFF-TRACT IMPROVEMENTS.
A.
Required improvements.
As a condition of approval for a subdivision, site plan, or conditional use, the applicant may be required to pay his/her pro rata share of the cost of providing reasonable and necessary street improvements or water, sewer, and drainage facility improvements, and any necessary easements located outside the property limits of the subject property, but indicated in the Master Plan and necessitated or required by the construction or improvements within such subdivision or development. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract developments:
1.
Improvements are to be constructed at the expense of the developer. In cases where the need for an off-tract improvement is created by the proposed subdivision or development and where no other property owners receive a special benefit thereby, as opposed to a mere incidental benefit, the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire or improve lands outside the tract and dedicate such lands to the City of Trenton or County of Mercer, or, in lieu thereof, require the subdivider or developer to deposit with the City a sum of money sufficient to allow the City to acquire or improve such lands, on conditions it may deem appropriate under the circumstances.
2.
In cases where the need for any off-tract improvement to be implemented now or in the future is necessitated by the proposed development application, and where it is determined that properties outside the development will also be benefited by the improvement, the following criteria, together with the provisions or rules and regulations of the City or any department, may be utilized in determining the developer's proportionate share of such improvements:
a.
Sanitary Sewers.
For distribution facilities, including the installation, relocation, or replacement of collector, trunk, and interceptor sewers and the installation, relocation, or replacement of other appurtenances associated therewith, the applicant's proportionate share is computed as follows:
i.
The capacity and the design of the sanitary sewer system must be based on the rules and regulations for the preparation and submission of plans for sewerage systems, New Jersey State Department of Environmental Protection, and City sewer design standards, including infiltration standards.
ii.
The developer's pro rata share is calculated as follows: The capacity of the existing system to serve the entire improved drainage area must be computed. If the system is able to carry the total development drainage basin, no improvement or enlargement cost will be assigned to the developer, although some charges including, but not limited to, capacity charges, may be imposed. If the existing system does not have adequate capacity for the total development drainage basin, the prorated enlargement or improvement share is computed as follows:
Pro rata share | = | Flow from development Capacity of off-tract facility |
iii.
If it is necessary to construct a new system in order to develop the subdivision or development, the prorated enlargement share is calculated as follows:
Pro rata share | = | Flow from development Capacity of off-tract facility |
iv.
The plans for the improved system or the extended system must be prepared by the developer's engineer. All work must be calculated by the developer and approved by the City Engineer.
b.
Roadways.
For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets, and other associated street or traffic improvements, where improvements will provide additional capacity that is in excess of what is necessary to accommodate the applicant's proposed development and/or the additional traffic to be generated as a result of such development, the applicant's proportionate cost is determined as follows:
i.
The applicant's engineer must provide the Department of Public Works and the Department of Traffic with the existing and anticipated peak-hour volumes which impact the off-tract acres in question, which volumes must analyze pedestrian, bicycle, and motor vehicle traffic.
ii.
The applicant must furnish a plan for the proposed off-tract improvements, which must include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic forms the basis of the proportionate share. The prorated share is computed as follows:
A/B x Cost, where: |
"A" equals the additional traffic to be generated as a result of the applicant's proposed development |
"B" equals the total traffic design capacity of the installed off-tract street improvements less the traffic currently using the streets and intersections required to be improved. |
B.
Escrow Accounts.
Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement must be deposited to the credit of the City in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account, developers may present irrevocable letters of credit for the term required, in a form acceptable to the City Attorney. If the off-tract improvement is not begun within ten years of the deposit, all monies and interest must be returned to the applicant or the letter of credit, as the case may be, surrendered. An off-tract improvement is considered "begun" if the City has taken legal steps to provide for the design and financing of such improvements.
C.
Implementation of Off-Tract Improvements.
1.
In all cases, developers are required to enter into an agreement or agreements with the City in regard to off-tract improvements, in accordance with this Ordinance and any other ordinances, policies, rules, and regulations of the City of Trenton, County of Mercer and State of New Jersey, and any other departments, authorities, or agencies with jurisdiction.
2.
Where properties outside the subject tract will be benefited by the improvements, the City Council may require the applicant to escrow sufficient funds, in accordance with item B above, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.
3.
Where there is benefit to properties outside subject tract:
a.
Where properties outside the subject tract will benefit by the improvements, the City Council may determine that the improvement or improvements are to be installed by the City as a general improvement, the cost of which is to be borne as a general expense.
b.
If the City Council determines that the improvement or improvements must be constructed or installed as a general improvement, the City Council may direct the Planning Board to estimate, with the aid of the Department of Public Works, or such other persons who have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subject tract, will be specifically benefited thereby, and the subdivider or developer is liable to the City for such expense.
4.
If the City Council determines that the improvement or improvements must be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefited thereby in proportion to the benefits conferred by the improvements, in accordance with N.J.S.A. 40:56-1 et seq., the developer may be required to sign an agreement acknowledging and agreeing to this procedure, and in addition, the City Council may require that the developer to be liable to the City, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements, for the difference between the cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefited by the improvement, as the same may be determined by the Board of Improvement Assessors.
5.
If the City Council determines that the improvements are to be constructed or installed by the applicant, such agreement may contain provisions, consistent with the standard in this Ordinance and any other rules, regulations, or policies of the City of Trenton, County of Mercer, and State of New Jersey, and any departments, authorities or agencies with jurisdiction, whereby the applicant must be reimbursed by the City, or otherwise, as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the City Council and the applicant.
6.
In determining the procedures to be followed in the event of the submission of a list and request from the Planning Board, the City Council will be guided by the following standards and considerations:
a.
The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of such development.
b.
The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed.
c.
The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvement and the likelihood that larger regional or subregional facilities will be required in the future to serve the development tract and the general area of the City in which the same is located.
d.
The extent to which the public health, safety and welfare of the residents, both current and future, depend upon the immediate implementation of the off-tract improvement.
D.
Performance and Maintenance Guarantees.
1.
In cases of an application for development involving public improvements to be carried out by the developer, a performance and maintenance guarantee with the Department of Public Works, pursuant to N.J.S.A. 40:55D-53, is required to insure the installation and initial maintenance of such public improvements on or before a specified date or before a specified phase of the development project. The Planning Staff may recommend waiving such requirement and the Planning Board or the Zoning Board of Adjustment approves such waiver of a guarantee.
2.
A required guarantee estimate must be prepared by the applicant's engineer and submitted to the Department of Public Works for review and approval, setting forth all requirements for improvements, as fixed by the applicable Board, and their estimated cost. As a condition of final approval by the Board of the application for development, the City Council must pass a resolution either approving or adjusting this guarantee.
§ 315-13.6 CONDITIONAL USE.
A.
Purpose.
This Ordinance is based upon the division of the City into districts. Within each district the use of land and structures are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in a particular district or districts without consideration of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Accordingly, some conditional uses are provided for in certain districts.
B.
Initiation.
A property owner in the City, or his/her designee, may file an application to use his/her land for a conditional use authorized within the zoning district. A property owner, or his/her designee, may only propose a conditional use for property under his/her control.
C.
Authority.
The Planning Board will take action on conditional use applications.
D.
Procedure.
1.
Upon receipt of a complete application, the Planning Board will consider the conditional use at a public hearing.
2.
The Planning Board must evaluate the application based upon the evidence presented at the public hearing, pursuant to any specific use standards in Article 8 and the standards of § 315-8.1.B, which apply to all conditional uses.
3.
Site plan review is required as part of conditional use approval.
a.
The Planning Board will conduct site plan review concurrent with conditional use approval. Separate applications and fees are required for site plan review.
b.
The Planning Board, as part of site plan review related to the conditional use application, has the power to grant reasonable exceptions from the requirements for site plan approval and that are within the general purpose and intent of the provisions for site plan review if the literal enforcement of one or more regulations is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. The Planning Board cannot grant such waivers, deviations or variances from any requirements that are conditions of the conditional use, in which case the applicant must seek a Use D Variance from the Board of Adjustment.
c.
In cases where a conditional use application does not include alteration of the exterior of a building and does not have an impact on required parking, the Planning Board may waive site plan review.
4.
Within 95 days of receipt of a complete application, unless extended by mutual consent of the applicant and Planning Board, the Planning Board will render its decision on the conditional use. The Planning Board must either approve, approve with conditions, or deny of the conditional use.
E.
Modifications to Approved Conditional Uses.
Any modification to an approved conditional use must follow the application, hearing, and approval process required for a new conditional use.
F.
Expiration.
A conditional use approval expires if any one of the following conditions occurs and no request for an extension of the conditional use approval and/or associated site plan or subdivision approval is pending.
1.
When an approved conditional use is changed to another use.
2.
For conditional uses approved in conjunction with new construction or additions or enlargements to an existing structure, the conditional use approval expires within two years of the date of approval if a building permit has not been issued.
3.
For conditional uses approved in conjunction with an existing structure or on a lot where no structure is planned, the conditional use approval expires within two years of the date of approval if the licenses or permits required for the operation or maintenance of the use have not been obtained.
4.
When the conditional use has been abandoned for two years or more.
G.
Conditional Uses and Relation to C and D Variances.
1.
Conditional Use Includes C Variance - Planning Board Approval.
a.
The Planning Board has the power to grant C variances pursuant to N.J.S.A. 40:55D-70c in lieu of the Zoning Board of Adjustment when requested as part of a conditional use, other than those bulk standards that specifically pertain solely to the conditional use. The C variance is subject to the same extent and restrictions of the Zoning Board of Adjustment within § 315-13.7.
b.
Whenever relief by variance is requested, public notice must include reference to the requested variance(s).
2.
Conditional Use Includes D Variance - Zoning Board of Adjustment Approval.
a.
If the conditional use approval deviates from a conditional use specification or standard, it requires approval of a D variance by the Zoning Board of Adjustment to allow such deviation. In such cases, the Zoning Board of Adjustment will approve or deny the conditional use with D variances, in lieu of the Planning Board.
b.
Whenever relief by variance is requested, public notice must include reference to the requested variance(s).
H.
Appeals.
An appeal of any decision granting or denying a conditional use may be filed by way of an action in lieu of prerogative writ in the New Jersey Superior Court, Law Division, within 45 days of first publication of the resolution memorializing the Board's decision, whether arranged by the municipality or the applicant, or the mailing of notice to the applicant in the case of a denial or modification.
§ 315-13.7 C VARIANCE.
A.
Purpose.
When the purposes of this Ordinance would be advanced by a deviation from the zoning requirements for a specific lot and the benefits of the deviation would substantially outweigh any detriment, a C variance may be granted from the strict application of Ordinance regulations so as to relieve difficulties or hardship.
1.
C variances must qualify under the criteria of item D.5 below.
B.
Initiation.
A property owner in the City, or his/her designee, may file an application for a C variance. A property owner, or his/her designee, may only request a C variance for property under his/her control.
C.
Authority.
The Zoning Board of Adjustment will take action on C variance applications except in the following circumstances:
D.
Procedure.
1.
Applications for a C variance must be filed at least 15 days prior to the next regularly scheduled meeting of the Zoning Board of Adjustment. This does not apply to C variance applications related to a conditional use, site plan, or subdivision approval which are approved by the Planning Board per item C above.
2.
The Zoning Board of Adjustment must act upon a C variance application within 120 days of the date the application is deemed complete, unless extended by mutual consent of the applicant and the Board.
3.
An application may be referred to any appropriate person or agency for a report, provided the referral does not extend the timeframe within which the Zoning Board of Adjustment must act.
4.
The Zoning Board of Adjustment must find that the strict application of this Ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, by reason of one or more of the following:
a.
Exceptional narrowness, shallowness, or irregular shape of a specific piece of property.
b.
Exceptional topographic conditions or physical features uniquely affecting a specific piece of property.
c.
An extraordinary and exceptional situation uniquely affecting a specific piece of property or the lawful existing structures.
5.
Alternatively, the Board of Adjustment my grant a C variance where it finds that the purposes of this Ordinance and the MLUL would be advanced by a deviation from the zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment.
6.
No C variance may be granted by the Zoning Board of Adjustment, including an inherently beneficial use, without showing that the variance can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of this Ordinance.
7.
The Zoning Board of Adjustment, in granting a C variance, has the authority to impose such reasonable conditions and restrictions as are directly related, and incidental, to the proposed development of the property. Such conditions must be consistent with the spirit and intent of this Ordinance and are imposed for the purpose of minimizing any adverse impact such C variance may have on the neighborhood or community.
E.
Expiration of C Variance.
The C variance approval expires within two years of the date of approval if a building permit has not been issued, except as may be extended if approved in connection with a subdivision, site plan, or conditional use.
F.
Appeals.
An appeal of any decision granting or denying a C variance may be filed by way of an action in lieu of prerogative writ in the New Jersey Superior Court, Law Division, within 45 days of first publication of the resolution memorializing the Board's decision, whether arranged by the municipality or the applicant, or the mailing of notice to the applicant in the case of a denial or modification.
§ 315-13.8 D VARIANCE.
A.
Purpose.
A D variance allows for variances from conditional use standards, permitted uses and major specific bulk variances. In particular cases and for special reasons, a D variance may be approved to allow departure from the zoning regulations to permit:
1.
A use or principal structure in a district restricted against such use or principal structures.
2.
An expansion of a nonconforming use.
3.
A deviation from a particular specification or standard pertaining solely to a conditional use.
4.
An increase in the permitted floor area ratio as defined in this Ordinance.
5.
An increase in the permitted density, as defined in this Ordinance. This does not apply to the regulations for lot area for a lot or lots for single-family, single-family attached, or two-family dwellings, which are either an isolated undersized lot or lots resulting from a minor subdivision; a C variance is required per § 315-13.8.
6.
The height of a principal structure which exceeds by ten feet or 10% the maximum height permitted in the district for a principal structure.
B.
Initiation.
A property owner in the City, or his/her designee, may file an application for a D variance. A property owner, or his/her designee, may only request a D variance for property under his/her control.
C.
Authority.
The Zoning Board of Adjustment will take action on D variance applications. The Zoning Board of Adjustment may also grant C variances in connection with a D variance application per the procedures and requirements of § 315-13.8.
1.
A conditional use approval that the Planning Board determines does not meet the conditions for approval of such use requires approval as a D variance before the Zoning Board of Adjustment.
D.
Procedure.
1.
The Zoning Board of Adjustment must act upon a D variance application within 120 days of the date the application is deemed complete, unless extended by mutual consent of the applicant and the Board.
2.
An application may be referred to any appropriate person or agency for a report, provided the referral does not extend the timeframe within which the Zoning Board of Adjustment must act.
3.
A D variance can only be granted by an affirmative vote of at least five members of the Zoning Board of Adjustment.
4.
No D variance may be granted by the Zoning Board of Adjustment, including an inherently beneficial use, without showing that the variance can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of this Ordinance.
5.
In respect to any airport safety zones delineated under the Air Safety and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no D variance may be granted allowing the creation or establishment of a nonconforming use that would be prohibited under standards promulgated pursuant to that Act, except upon issuance of a permit by the New Jersey Commissioner of Transportation.
6.
The Zoning Board of Adjustment, in granting a D variance, has the authority to impose such reasonable conditions and restrictions as are directly related, and incidental, to the proposed development of the property. Such conditions must be consistent with the spirit and intent of this Ordinance and are imposed for the purpose of minimizing any adverse impact such D variance may have on the neighborhood or community.
E.
Expiration of D Variance.
1.
The D variance approval expires within two years of the date of approval, unless extended in connection with extension of a site plan or subdivision approval, if any of the following occur:
2.
The D variance approval expires when the use allowed by the D variance has been abandoned for 12 months or more.
F.
Appeals.
1.
Any interested party may appeal a final decision of the Zoning Board of Adjustment on a D variance by way of an action in lieu of prerogative writ in the New Jersey Superior Court, Law Division, within 45 days of first publication of the resolution memorializing the Board's decision, whether arranged by the municipality or the applicant, or the mailing of notice to the applicant in the case of a denial or modification.
§ 315-13.9 SITE PLAN REVIEW.
A.
Purpose.
The City finds that a safe, well-planned, and attractive environment is essential to the economic health of the community and to the public health, safety, and welfare. The intent of site plan review is to set forth the process by which to review the site characteristics to ensure consistency with the goals and objectives of the City's Master Plan and to ensure efficient use of City resources.
B.
Applicability.
No permit will be issued for any new structure, for any modification to an existing structure, or for any addition to an existing structure, and no certificate of occupancy will be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the Planning Board.
C.
Authority.
The Planning Board has the authority to approve site plans. However, if a site plan requires approval of a D variance, the Zoning Board of Adjustment will approve or deny the site plan in lieu of the Planning Board. Site Plan review is subject to the same extent and restrictions of the Planning Board within this section.
D.
Exceptions to Site Plan Review Requirements.
The Planning Board, as part of preliminary site plan review, has the power to grant reasonable exceptions from the requirements for site plan approval and that are within the general purpose and intent of the provisions for site plan review if the literal enforcement of one or more regulations is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
E.
Types of Site Plans.
1.
Minor Site Plan.
A development consisting of one or more lots where the lot or lots each meet all of the following criteria:
a.
Each lot will not contain more than four off-street parking spaces.
b.
Each lot will contain a building or lot area consisting of less than 3,000 square feet of gross floor area.
c.
Each lot does not involve a planned development, any new street, or extension of any off-tract improvement.
d.
Each lot is not situated within a flood hazard area.
2.
Major Site Plan.
All site plans not defined as minor site plans.
F.
Procedure.
1.
2.
Preliminary Site Plan.
a.
For both minor and major site plans, an applicant must submit a preliminary site plan with the application. The Planning Board will hold a public hearing on a preliminary site plan 45 days after the application is deemed complete, unless extended by mutual consent of the applicant and the Board. However, the Board may waive the public hearing requirement for a minor site plan. The following exceptions apply:
i.
Any preliminary site plan which includes a C variance must be acted upon within 120 days, unless extended by mutual consent of the applicant and the Planning Board.
ii.
Any preliminary site plan application involving more than ten acres of land or more than ten dwellings units must be acted upon within 95 days after the application has been certified complete, unless extended by mutual consent of the applicant and the Planning Board.
iii.
The Zoning Board of Adjustment must act upon any preliminary site plan which includes a D variance within 120 days, unless extended by mutual consent of the applicant and the Zoning Board of Adjustment.
b.
The Planning Board will approve or deny the preliminary site plan. The Planning Board may grant preliminary approval subject to specified conditions. Receipt of revised plans that show such specified conditions is required within 60 days from the date of approval. If major revisions are required, the Planning Board must require that an amended plan be submitted and acted upon as a new preliminary site plan.
c.
If the Planning Board denies the preliminary site plan, a notation will be made by the Chairperson of the Board to that effect on the site plan, and a resolution adopted setting forth the reasons for such rejection. One copy of the site plan and the resolution will be returned to the applicant within 30 days of the adoption of the resolution.
d.
Preliminary site plan approval confers upon the applicant the following rights for a three year period from the date of preliminary approval:
i.
That the general terms and conditions on which preliminary approval was granted will not be changed, including, but not limited to, use requirements, layout and design standards for streets, curbs and sidewalks, lot size, yard dimensions, and off-tract improvements.
ii.
That the applicant may apply for, and the Board may grant, extensions on such preliminary approval for additional periods of at least one year, not to exceed a total extension of two years, provided that if the design standards have been revised, such revised standards may govern.
iii.
For major site plans, that the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary plan.
3.
Final Site Plan.
a.
For major site plans, an applicant must submit a final site plan with the application. The Planning Board will take action on a final site plan 45 days after the application is deemed complete, unless extended by mutual consent of the applicant and the Board.
b.
The Planning Board will approve or deny the final site plan. The Planning Board may grant preliminary approval to a final site plan subject to specified conditions. Receipt of revised plans is required within 60 days from the date of such approval. If major revisions are required, the Planning Board must require that an amended plan be submitted and acted upon as a new preliminary site plan.
c.
Approval of a final site plan confers upon the applicant the following rights for a period of two years from the date of final approval:
i.
The zoning requirements applicable to the final site plan approval and other rights conferred as part of approval, whether conditionally or otherwise, will not be changed.
ii.
That the applicant may apply for, and the Board may grant, extensions on such final approval for additional periods of at least one year, not to exceed a total extension of three years.
d.
An applicant can simultaneously file and seek approval for preliminary and final site plan.
4.
Approval Standards.
The following will be evaluated in the review of site plans:
a.
Conformity with the regulations of this Ordinance and any other applicable regulations of the City Code.
b.
Location, arrangement, size, design, and general site compatibility of buildings and signs.
c.
Adequacy and arrangement of vehicular traffic access and circulation including intersections, road widths, pavement surfaces, dividers, and traffic controls.
d.
Location, arrangement, appearance, and sufficiency of off-street parking and loading.
e.
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic, and overall pedestrian convenience.
f.
Adequacy of stormwater and drainage facilities with attention to impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding, and/or erosion.
g.
Adequacy, type, size, and arrangement of trees, shrubs and other landscaping. Parking, service areas, and loading and maneuvering areas must be landscaped and screened from neighboring areas.
h.
Adequacy of fire lanes and other emergency zones; location and arrangement of fire hydrants, standpipes, and other fire safety facilities.
5.
Capital City Redevelopment Corporation Review and Required Impact Statement.
The Capital City Redevelopment Corporation (CCRC) may require review and an impact statement per the Capital City Renaissance Plan for developments that meet or exceed specific thresholds as established in the Capital City Renaissance Plan.
G.
Site Plans Approved with Conditions.
1.
When a site plan is approved with conditions, no permits will be issued and no development activity can commence until a revised site plan that shows compliance with such conditions is reviewed by the Division of Planning staff and approved.
2.
A revised site plan must be submitted to the Division of Planning within 60 days of the date of approval with conditions. This may be extended by mutual agreement of the staff and the applicant. The revised plan will be reviewed by the Division of Planning staff for compliance with all conditions.
3.
Once staff verifies compliance, staff will notify the applicant. The Division of Planning staff will also notify the Board at the next scheduled meeting that the site plan has been revised and complies with conditions.
H.
Minor Changes to Approved Site Plans.
Should a minor technical change to an approved site plan be required as a result of field conditions or health and safety issues, the Planning Board may defer consideration and approval of such minor technical changes to the Division of Planning.
§ 315-13.10 SUBDIVISION.
A.
Purpose.
Subdivision allows for the orderly division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The purpose of subdivision review is to prevent the creation of undersized lots so as to maintain the character and integrity of the City's neighborhoods.
B.
Applicability.
1.
Subdivision means the division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale or development. The term subdivision shall also include the term resubdivision.
2.
The following shall not be considered subdivisions, if no new streets are created:
a.
Divisions of land found by the Planning Board for agricultural purposes where all resulting parcels are five acres or larger in size.
b.
Divisions of property by testamentary or intestate provisions.
c.
Divisions of property upon court order, including but not limited to judgments of foreclosure.
d.
Consolidation of existing lots by deed or other recorded instrument.
e.
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality.
C.
Authority.
The Planning Board has the authority to approve subdivisions. The Planning Board has the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use, or site plan approval, applies. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat must include reference to the request for such conditional use.
D.
Exceptions to Subdivision Requirements.
The Planning Board, as part of approval of preliminary or minor subdivision applications, has the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
E.
Types of Subdivision.
1.
Minor Subdivision.
Any division of land into no more than three lots with each fronting on an existing street or streets and:
a.
Not involving any new street or the installation of any street improvements or the extension of City facilities.
b.
Not involving any streets requiring additional right-of-way width as specified in the Master Plan or Official Map or the street requirements of this Ordinance, unless such additional right-of-way width, either along one or both sides of such street(s), as applicable, is deeded to the City or to the appropriate governmental authority prior to classification as a minor subdivision.
c.
Not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provisions of the Master Plan, Official Map, or this Ordinance.
d.
Any readjustment of lot lines resulting in no new lots.
2.
Major Subdivision.
Any division of land not classified as a minor subdivision.
F.
Procedure.
1.
2.
Preliminary Subdivision Plat.
a.
For both minor and major subdivisions, an applicant must submit a preliminary subdivision plat with application. The Planning Board will hold a public hearing on a preliminary subdivision plat 45 days after the application is deemed complete, unless extended by mutual consent of the applicant and the Board. However, the Board may waive the public hearing requirement for a minor subdivision. The following exceptions apply:
i.
Any preliminary subdivision plat which includes a C variance must be acted upon within 120 days, unless extended by mutual consent of the applicant and the Planning Board.
ii.
Any preliminary subdivision plat application involving more than ten acres of land or more than ten dwellings units must be acted upon within 95 days after the application has been certified complete, unless extended by mutual consent of the applicant and the Planning Board.
iii.
The Zoning Board of Adjustment must act upon any preliminary subdivision plat which includes a D variance within 120 days, unless extended by mutual consent of the applicant and the Zoning Board of Adjustment.
b.
The Planning Board will approve or deny the preliminary subdivision plat. The Planning Board may grant preliminary approval subject to specified conditions. Receipt of revised plats showing such specified conditions is required within 60 days from the date of such approval. If major revisions are required, the Planning Board must require that an amended plan be submitted and acted upon as a new preliminary subdivision plat.
c.
Preliminary subdivision plat approval confers upon the applicant the following rights for a three year period from the date of preliminary approval:
i.
That the general terms and conditions on which preliminary approval was granted will not be changed, including, but not limited to, use requirements, layout and design standards for streets, curbs and sidewalks, lot size, yard dimensions and off-tract improvements.
ii.
That the applicant may apply for, and the Board may grant, extensions on such preliminary approval for additional periods of at least one year, not to exceed a total extension of two years, provided that if the design standards have been revised, such revised standards may govern.
iii.
For major subdivisions, that the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary plan.
3.
Final Subdivision Plat.
a.
For major subdivisions, an applicant must submit a final subdivision plat with application. The Planning Board will take action on a final subdivision plat 45 days after the application is deemed complete, unless extended by mutual consent of the applicant and the Board.
b.
The Planning Board will approve or deny the final subdivision plat. The Planning Board may grant preliminary approval to a final subdivision plat subject to specified conditions. Receipt of revised plats is required within 60 days from the date of such approval. If major revisions are required, the Planning Board must require that an amended plan be submitted and acted upon as a new preliminary subdivision plat.
4.
Subdivision Approval.
a.
When a subdivision is approved by the Planning Board, a notation to that effect, including the date of approval, must be made on a master copy. As required by the County, the plat and any related deed descriptions to be filed with the County Recording Officer by the applicant and must include the signature of the Director of the Division of Planning and the Chairperson and Secretary of the Board, or the Acting Chairperson or Secretary when one or both are absent. No further approval of the application is required, and the Secretary of the Board, within ten days of the date of approval, must notify the applicant of the Board's action. Additionally, the Secretary of the Board must forward to the applicant a copy of the approval resolution within ten days of its adoption by the Board.
b.
When a subdivision is denied by the Board, the Secretary of the Board, within ten days of such action, must notify the applicant of such disapproval. Additionally, the Secretary of the Board must forward the applicant a copy of the disapproval resolution within ten days of its adoption by the Board, setting forth the reasons for the denial.
c.
Minor subdivision final approvals:
i.
Within 190 days from the date of approval by the Board of a minor subdivision, a plat map drawn in compliance with the approval and the Map Filing Act, N.J.S.A. 46:23-9.9 et seq., or deed clearly describing the approved minor subdivision must be filed by the developer with the County Recording Officer, the Municipal Engineer, and the Municipal Tax Assessor. Any such plat or deed accepted for such filing must be signed by the Chairperson and Secretary of the Board, or the Acting Chairperson or Secretary, where either or both may be absent. Unless filed within 190 days, the approval will expire and require new Board approval as a new preliminary subdivision plat.
ii.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, will not be changed for a period of two years after the date of minor subdivision approval by the Board, provided that the approved minor subdivision is duly recorded.
d.
Major subdivision final approvals:
i.
Within 95 days of approval by the Board of a final subdivision plat, the subdivider must file a copy of same with the Mercer County Clerk. In the event of failure to file within 95 days, the approval of the major subdivision expires and any further proceedings require the filing of a new application for a major subdivision. The Planning Board, for good cause shown, may extend the filing for an additional 95 days.
ii.
Approval of a final subdivision plat confers upon the applicant the following rights for a period of two years from the date of final approval:
(A)
The zoning requirements applicable to the final subdivision plat approval and other rights conferred as part of approval, whether conditionally or otherwise, will not be changed.
(B)
That the applicant may apply for, and the Board may grant, extensions on such final approval for additional periods of at least one year, not to exceed a total extension of three years.
e.
An applicant can simultaneously file and seek approval for preliminary and final site subdivision.
§ 315-13.11 ZONING APPEALS OF ZONING OFFICER DECISIONS.
A.
Purpose.
The zoning appeals process is intended to provide the opportunity to appeal the decisions of the Zoning Officer and other administrative officers.
B.
Initiation.
The decision of an administrative officer of the City may be appealed by any interested party affected by based on or made in the enforcement of the zoning provisions of this Ordinance or a duly adopted Official Map.
C.
Authority.
The Zoning Board of Adjustment will hear and make final decisions on zoning appeals.
D.
Filing of Appeal.
An appeal must be submitted within 20 days of the decision by filing a notice of appeal with the official from whom the appeal is taken, with copies of the notice given to the Secretary of the Zoning Board of Adjustment. The notice must specify the grounds for the appeal. The official from whom the appeal is taken must immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
E.
Decision of Board.
The Zoning Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, or determination appealed from and to that end have all powers of the City official from whom the appeal is taken.
F.
Stay of Proceedings.
An appeal to the Zoning Board of Adjustment stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the administrative official from whose action the appeal is taken certifies to the Zoning Board of Adjustment, after the notice of appeal has been filed, that, by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings will not be stayed other than by an order of the Superior Court upon notice to the administrative officer from whom the appeal is taken and due cause shown.
G.
Procedure.
The Zoning Board of Adjustment will hold a public hearing and act upon an appeal within 120 days either from the date the appeal is taken from the decision of the administration official.
§ 315-13.12 ZONING PERMIT.
A.
Purpose.
No land may be used, no use may be commenced, and no structure may be erected, constructed, reconstructed, altered, converted, and no land, use, or structure may be changed from an existing use to a new use until a zoning permit is issued by the Zoning Officer, stating the use, structure, or building conforms and complies with the provisions of this Ordinance or that a variance has been granted from the appropriate provisions of this Ordinance by the applicable Board.
B.
Authority.
The Zoning Officer will review and make final decisions on zoning permit applications. No drawings or plans will be accepted without a zoning permit.
C.
Zoning Permit for Temporary Uses.
1.
A zoning permit for temporary uses per Article 8 allows for the short-term use and/or placement of temporary structures on a lot. The zoning permit regulates temporary uses that occur entirely on and within a lot. Temporary uses located within the public right-of-way are regulated separately by the City Code.
2.
The Zoning Officer must review and evaluate the application, pursuant to the standards of this section, and approve, approve with conditions, or deny the application.
3.
All temporary uses must comply with the requirements of this Ordinance, including the temporary use standards of Article 8, and the following standards:
a.
The temporary use does not adversely impact the public health, safety, and welfare.
b.
The temporary use is operated in accordance with any restrictions and conditions as the Police and Fire District, or other City officials, may require.
c.
The temporary use does not conflict with another previously authorized temporary use.
d.
The temporary use provides adequate parking if needed. If located on a lot with an operational principal use, does not impact the parking and site circulation of the principal use.
4.
The temporary use permit is valid for the time period granted as part of the approval.
D.
Zoning Permit for Signs.
1.
No sign, except those identified as exempt from a zoning permit by this Ordinance, may be erected, constructed, altered, or relocated without first obtaining a sign permit.
2.
The permit application must be accompanied by the written consent of the owner of the premises upon which the sign is to be erected.
3.
If construction is not commenced within 120 days from the date of issuance, the zoning permit for the sign expires.
E.
Appeals.
A decision of the Zoning Officer may only be appealed if an application is filed within 20 days of the date the decision is made.
§ 315-13.13 CONSTRUCTION PERMIT.
A.
Purpose.
It is the duty of the Construction Official to monitor the construction of any building or structure in the City.
B.
Required Zoning Permit.
No construction permit will be issued until a zoning permit is approved by the Zoning Officer.
C.
Applicability.
1.
No new building addition or structure, and no improvement to the interior of any existing structure, including those exempt from site plan review, may be undertaken until detailed site and drainage plans and a survey are submitted to the Construction Official and a construction permit is obtained from such official.
2.
For all new construction involving footings and foundations, a second site survey must be submitted to the Construction Official after installation of footings and foundations in order to detail actual building location.
3.
Construction permits are required as provided by the State Uniform Construction Code, its subcodes and regulations promulgated pursuant thereto.
D.
Appeals.
A decision of the Construction Official may only be appealed if an application is filed with the Mercer County Construction Board of Appeals within 15 days of the date the decision is made.
§ 315-13.14 CERTIFICATE OF OCCUPANCY.
A.
Applicability.
It is unlawful to use or permit the use of any structure or part(s) thereof, either occupied by a new use or occupant or hereafter erected, altered, converted or enlarged wholly or in part, until a certificate of occupancy shall have been issued by the Construction Official, as stipulated by the Uniform Construction Code.
B.
Application.
Upon the completion of any building, structure, or alteration in compliance with this Ordinance or any other ordinance, rule or regulation, the owner, or his/her agent, may apply to the Construction Official, in writing, for the issuance of a certificate of occupancy for such structure, building or alteration pursuant to the provisions of this section.
C.
Site Plans.
With respect to any finally approved site plan, or portion thereof, a certificate of occupancy will be issued only upon the completion of the following improvements as such improvements may be required as part of site plan approval:
1.
Curbs, sidewalks and driveway aprons.
2.
All utilities.
3.
Water supply and sewerage treatment facilities, which shall be functioning and servicing the property in question.
4.
Storm drainage facilities.
5.
Rough grading of the property.
6.
Base course of the street or streets serving the property.
7.
Base course of driveways and parking areas.
8.
Regulatory signs and numbers.
9.
Open space plan and improvements.
D.
Copy at Premises.
A copy of any issued certificate of occupancy must be kept on file at the premises affected and shown to the Construction Official upon request.
E.
Prohibited Uses Prior to Issuance.
The following is unlawful until a certificate of occupancy is issued by the Construction Official:
F.
Temporary Certificate of Occupancy.
A temporary certificate of occupancy may be issued by the Construction Official to use or permit the use of any structure or part(s) thereof, based upon the specific circumstances and so long as the temporary certificate of occupancy will not endanger the public health, safety, and welfare. The period of validity for the temporary certificate of occupancy will be determined by the Construction Official at issuance.