Union Beach City Zoning Code
§ 13-3.6
Certificates and Permits.
[Ord. No. 324, § 3.6; Ord. No. 357, § 2; Ord. No. 493; Ord. No. 2006-81; Ord. No. 2016-244 § 2]
a.
Development Permit.
1.
Development permits shall be secured from the administrative officer prior to filing of a subdivision; or the issuance of a building permit for the construction, erection or alteration of any structure or sign or part of a structure; or upon a change in the use of a structure or land; or prior to any use of or alteration of the natural condition of a parcel of land or the construction of any improvement above or below the ground. Where no building permit is required, the development permit shall be secured prior to the issuance of a certificate of occupancy.
2.
Prior to issuance of a development permit, the applicant shall have, where applicable, secured other required permits including, but not limited to:
(a)
Access permit from the New Jersey Department of Transportation and/or Monmouth County Engineering Department.
(b)
Drainage permits from the New Jersey Department of Transportation.
(c)
Stream encroachment permit from the New Jersey Department of Environmental Protection.
(d)
Coastal Area Facilities Review Act (C.A.F.R.A.) permit from the New Jersey Department of Environmental Protection.
(e)
Wetlands permit from the New Jersey Department of Environmental Protection.
(f)
Riparian construction permit from the New Jersey Department of Environmental Protection.
(g)
Required permits from the U.S. Army Corps of Engineers for work within navigable waterways.
(h)
Sewerage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection.
(i)
Land Disturbance permit from the Freehold Area Soil Conservation District.
b.
Certificates as to Approval of Subdivision of Land.
1.
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the administrative officer for issuance of a certificate certifying whether or not such subdivision has been approved by the planning board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name and the owner.
2.
The administrative officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees. The officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
3.
Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land", and shall certify:
(a)
Whether there exists in the borough a duly established planning board and whether there is an ordinance controlling subdivision of land adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(b)
Whether the subdivision, as it relates to the land shown in said application, has been approved by the planning board, and, if so, the date of such approval and any extensions and terms thereof, showing the subdivision of which the lands are a part is a validly existing subdivision.
(c)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter and N.J.S.A. 40:55D-1 et seq.
4.
The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to the municipality.
5.
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the borough pursuant to the provisions of N.J.S.A. 40:55D-55.
6.
If the administrative officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the borough pursuant to N.J.S.A. 40:55D-55.
7.
Any such application addressed to the borough clerk shall be deemed to be addressed to the proper designated officer and the borough shall be bound thereby to the same extent as though the same was addressed to the designated official.
c.
Building Permit. No building or structure shall be erected, restored, added to, or structurally altered until a permit therefor has been issued by the construction official. All applications for such permits shall be in accordance with the requirements of the building code. No building permit shall be issued unless the applicant shall have first secured a development permit.
d.
Certificate of Occupancy.
1.
New Uses: No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the construction official.
Such certificate shall be issued upon application by the owner, prospective occupant, or purchaser only after the construction official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the building code and other codes and ordinances affecting construction and occupancy.
A temporary certificate of occupancy may be issued pursuant to the provisions of this chapter for any structure or use for which site plan approval has been secured, but not all conditions of approval have been complied with.
2.
Existing Uses:
(a)
At the time of passage of this chapter: upon written request from the owner, tenant, occupant, or purchaser under contract, the construction official, after inspection, shall issue an occupancy permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this chapter.
(b)
Nonconforming Uses and Buildings: No change or extension of use and no alterations shall be made in a nonconforming structure, use or premises without an occupancy permit having first been issued by the construction official stating that such change, extension or alteration is in conformity with the provisions of this chapter, or that same has been permitted by action of the zoning board of adjustment or planning board.
3.
Certificate of Occupancy: A certificate of occupancy shall be obtained for each and every change of occupant(s), of any building including but not limited to residential, commercial or industrial which shall be reoccupied after it has once become vacant.
A vacant building shall be broadly construed to mean that a vacancy occurs upon the surrender of the premises by one in possession and shall exist regardless of whether new occupants have taken possession. Vacancy shall continue to exist until such time as a certificate of occupancy has been obtained.
This requirement shall extend to a change of occupant(s) by persons who obtain possession by any means whatsoever, including but not limited to fee owners, owners under color of title, contract purchasers, under a use and occupancy agreement, lessees or sublessees. The code enforcement officer/public officer, may issue such certificate of occupancy for any building including but not limited to residential, commercial and industrial where there has been a change of occupant(s) only.
The construction official/building inspector may issue said certificate of occupancy for any building, including but not limited to residential, commercial and industrial where there has been a change of use, addition or alteration to an existing building.
4.
Scope of Certificate of Occupancy: The certificate of occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.
5.
Improvement Required: No permanent certificate of occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this chapter.
6.
Development Permit Required: No certificate of occupancy shall be issued for the use of any building, structure or land unless a development permit shall have first been issued for the use of such building, structure or land.
7.
Disturbed areas must be stabilized prior to the issuance of the Certificate of Occupancy (CO).
e.
Land Disturbance Permit. Where required, a land disturbance-permit shall be obtained from the Freehold Area Soil Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No land disturbance permit shall be issued until a development permit shall have first been issued for the subdivision, building, structure or use, except that the planning board and borough engineer may authorize the issuance of a land disturbance permit prior to issuance of a development permit as provided for elsewhere in this chapter.
f.
Certificate of Validity of Nonconforming Use or Structure. Any person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application may be made to the administrative officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the planning board. A denial by the administrative officer shall be appealable to the planning board.