Union Township City Zoning Code
§ 30-12.3
Zoning Permits Required.
[Ord. No. 85-9, § 1202; Ord. No. 87-13, § 3; Ord. No. 93-12, § 1; Ord. No. 2002-01, § 3; Ord. No. 2015-06 § 6]
a.
Use Permits.
1.
Requirement of Use Permits. It shall be unlawful for any person to make any use of any building, farming unit, or other structure or land until a use permit has been duly issued therefor. Use permits shall be required prior to any of the following:
(a)
Use of any building or other structure hereinafter erected, altered, or enlarged for which a construction permit or frontage improvement plan is required;
(b)
Change in use in any building or structure;
(c)
Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a use or occupancy permit;
(d)
Change in the use or expansion of a nonconforming use.
2.
Applications for Use Permits. All applications for use permits shall be made to the Zoning Officer in writing on forms furnished by the municipality and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter. Whenever the use of a premises involves a new building or structure or alterations to an existing structure, application for a use permit shall be made prior to application of a building permit. When no construction or alteration is involved, application for a use permit and an occupancy permit may be made simultaneously at any time prior to the use or occupancy of the structure or land.
3.
Issuance of Use Permits. No use permit shall be issued until the Zoning Officer has certified that the proposed use of land or existing or proposed building or structure complies with the provisions of the applicable district and other provisions of this chapter. Issuance of a use permit does not permit occupancy; an occupancy permit is also required.
b.
Construction Permits.
1.
Requirement of Construction Permits.
(a)
Construction Without a Permit Unlawful. Local clearance by the Zoning Officer for a construction permit shall be required prior to the erection, alteration, or enlargement of any building, other structure, or portion thereof. It shall be unlawful for any person to commence work for the erection, alteration, or enlargement of any building, structure, or portion thereof until a zoning permit (local clearance) has been duly issued therefor, prior to the issuance of a construction permit pursuant to the New Jersey Uniform Construction Code.
(1)
Provisional Approval for Alterations. Local zoning clearance for alterations in residential one-family structures, including plumbing, electrical work, etc., may be provisionally obtained upon the certification of the owner or owner's authorized applicant, by completion and signing of a prescribed form from the Zoning Office website or the municipal building, and the filing of the original of same with the Zoning Officer, by fax, email or other delivery, together with the applicable fee, if any, and a copy thereof with the local Construction Official. Provisional local clearance shall be sufficient authority for the Construction Official to issue construction permits for alterations; however, if the Zoning Officer subsequently determines that the said zoning certification was incomplete, incorrect or contrary to the provisions of law, the Zoning Officer may revoke the local clearance for such alteration(s).
(b)
Nonresidential Farm Buildings. A nonresidential farm building requires an application for a building permit. However, if a nonresidential farm building is to be placed more than 150 feet from any road or property line, if the proposed construction is found by the municipality to be outside the floodplain, and, if a permit has been applied for, no building requirements other than yard requirements need be complied with.
2.
Application for Construction Permit. All applications for local clearance for construction permits shall be made to the Zoning Officer in writing on a form furnished by the municipality and shall be accompanied by a plot plan drawn accurately showing the exact size and location of any buildings or other structures existing on the lot in question or upon abutting land within 100 feet of the side and rear lines of such lot and the lines within which the proposed building or other structures shall be erected, altered or enlarged. The plot plan shall also indicate the location of any existing easements on the property, including but not limited to utility, drainage, conservation, landscape and rights-of-way, as well as the location of all natural resource areas defined in § 30-6.4b. There shall in addition be included with all applications such other plans, documents, and information as may be necessary to enable the Zoning Officer to ascertain compliance with this chapter, and all other pertinent ordinances, including subsection 13-2.16 of the Union Township Code relating to driveways.
3.
Issuance of Construction Permits. Before a zoning, use or local clearance for construction permit is issued for a new building or for an extension or relocation of an existing building or before zoning approval is issued for any permit required for the installation of any improvements required by this chapter or by a subdivision or site plan approved by the Planning Board, a licensed engineer or land surveyor shall visibly locate the building or improvements together with the lot lines of the intended site for inspection by the Zoning Officer. The Zoning Officer shall ascertain that all requirements of this chapter and/or the approved plot plan are complied with before issuing local clearance for a construction permit.
4.
After completion of foundation for new buildings, a location survey shall be made by a land surveyor to ascertain the exact location of the structure and driveway in respect to lot lines.
c.
Occupancy Permits.
1.
Requirement of Zoning Occupancy Permits. It shall be unlawful for any person to occupy any building, farming unit, or other structure or land under any of the conditions listed below until a zoning occupancy permit has been duly issued therefor. Occupancy permits shall be required prior to any of the following:.
(a)
Occupancy of any building or other structure hereinafter erected, altered, or enlarged for which a building permit is required;
(b)
Change in use of any building or structure;
(c)
Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require an occupancy permit.
(d)
Change in the use or expansion of a nonconforming use.
2.
Application for Occupancy Permits. All applications for occupancy permits shall be made to the Zoning Officer in writing on forms furnished by the municipality and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter. When use of premises involves a new building or structure, application for a use permit and local clearance for a construction permit shall be made prior to application for an occupancy permit. When no alteration or construction is involved, application for a use permit and an occupancy permit may be made simultaneously at any time.
3.
Issuance of Occupancy Permits. No land, or building or structure erected pursuant to obtaining a use permit and/or local clearance for a construction permit shall be occupied until inspected and certified as to compliance with all zoning, erosion and sedimentation control, final grading, construction, safety, and sanitary ordinance, codes, and regulations, and until an occupancy permit has been issued by the Zoning Officer. Prior to, and as a condition of, the issuance of an occupancy permit for new residential construction, the Zoning Officer shall require that all easements shown on the final subdivision plan for the property in question are recorded against the property. No local clearance for a construction permit shall be issued for a single-family residential dwelling served by a well unless the well is certified to produce six gallons per minute over a three hour period by the well driller.
4.
Issuance of Temporary Occupancy Permits. Approval for a temporary use or occupancy permit may be granted for a period not to exceed 90 days prior to completion of construction, provided that all structural work is completed, all permits relating to sewage and water have been obtained and filed with the municipality and all permit fees have been paid, and provided further that the person seeking the temporary use and occupancy permit posts with the municipality pursuant to an escrow agreement in a form satisfactory to the Township Attorney, sufficient funds to complete the construction, grading, etc. and provided further that the applicant has complied with the requirements of subsection 13-2.16 of the Union Township Code relating to driveways.
5.
Fee for Occupancy Permit. The application fee for an occupancy permit shall be in accordance with the fee schedule herein.
d.
Certificate of Occupancy.
1.
Applicability. Prior to the change in use or occupancy of any commercial or industrial use within the Township, the owner of record or with the written authorization of the owner, shall apply for and receive a change of use and/or occupancy permit from the Township Zoning Officer.
2.
Procedure. The owner/applicant in requesting a change in use or occupancy permit shall supply and certify to the satisfaction of the Zoning Officer the following information:
(a)
The names, addresses and telephone numbers of the proposed owners and tenants of the premises;
(b)
The type(s) and brief description(s) of the proposed use of the premises including:
(1)
The size in square feet of all use areas on the premises. In the event that more than one use is located on the premises (i.e. manufacturing with office space) all use areas shall be separately indemnified;
(2)
Number of employees;
(3)
Hours of operations;
(4)
Current parking available on-site;
(5)
Location and size of signage; and
(6)
Identification of any hazardous materials stored or used on-site.
(c)
The proposed use of the premises including the provisions of paragraphs d2(b)(1) through d2(b)(6) above.
(d)
Certification that all municipal taxes and all other applicable fees and charges are current on or in regard to the subject premises.
3.
Administration. The Zoning Officer upon application for a certificate of occupancy permit should:
(a)
Review the Township's land use, building, and other applicable records to determine compliance with the Land Use Code;
(b)
Review the most recent approval resolution of the Planning Board or Board of Adjustment as the case may be and insure compliance therewith;
(c)
Verify that the parking, signage and other requirements of the Land Use Code and prior approvals are being met by inspection, if deemed necessary by the Zoning Officer;
(d)
Verify that all fees and taxes for the subject property are current;
(e)
Upon compliance with the Land Use Code and other applicable regulation, issue a certificate of use and occupancy permit. In issuing a permit, the Zoning Officer may attach any reasonable conditions as may be deemed appropriate to insure continued compliance with the Land Use Code.
(f)
Verify receipt of application fee in accordance with the fee schedule herein.
e.
Use and Occupancy Permits for Mining Extraction.
1.
Requirement for Such Permits. No extraction shall commence or continue on a site within a district in which operation of a quarry is permitted unless a use and occupancy permit has been duly issued. Therefore, such permit shall be required prior to any of the following:
(a)
The removal or extraction of clay, rock, sand, or minerals;
(b)
The process of crushing or grading stone, sand, clay, or other materials.
(c)
The leaching of minerals from clay, rock, or sand;
(d)
The use of any portion of the site for truck loading and unloading of clay, rock, sand, or minerals; and,
(e)
The stockpiling of stone, sand, clay, or other materials.
2.
Application for Such Permits. All applications for such permits shall be made to the Zoning Officer in writing to ascertain compliance with this chapter.
3.
Issuance of Such Permits. No such permit shall be issued until the Zoning Officer has received the following;
(a)
A copy of all reports and permits, except for financial and test bore data, as required by the New Jersey Bureau of Mines. Such reports and permits shall have been submitted and/or issued within one year of the date of application for such a permit.
(b)
A contour plat, drawn to a scale of 100 feet to the inch and contour intervals of five feet showing:
(1)
The legal outbound as described in the deed and all adjacent tax parcels;
(2)
The zoning district boundary lines;
(3)
The existing excavation pit, if applicable, and proposed location and extent of the pit or lake;
(4)
The location of all existing and proposed overburden;
(5)
The location of all structures, including all residences on adjacent parcels;
(6)
All setback and yard requirements;
(7)
All existing and proposed access points and internal circulation; and,
(8)
A reclamation plan.
4.
Annual Renewal of Such Permits and Fees.
(a)
All quarries, whether or not such quarries have been in operation prior to the adoption of this chapter, must renew the use and occupancy permits for mining extraction and pay an annual fee to the municipality before April 15 beginning the year following the year in which a permit for the operation of a quarry has been secured.
(c)
Upon receiving such application the Township Engineer shall inspect the site to determine that the operation is in conformance with the Bureau of Mines permits and reports, and the required setbacks and all other provisions of this chapter. The Township Engineer shall submit his written findings to the governing body. If the governing body finds that the application for an annual permit conforms with this chapter, an annual use and occupancy permit for mining extraction shall be issued. If the governing body finds that the application does not conform with the requirements of this chapter, the governing body shall authorize the Zoning Officer to issue a cease and desist order as provided within this chapter until such violation is corrected.
f.
Sign Permit. Every new sign shall have a permit indicating compliance with the requirements and regulations of this chapter and other applicable codes and ordinances, including the Sign Regulations of the Township of Union, § 30-8 of the Union Township Land Use Code. No sign, except for those exemptions designated below, shall be constructed or altered until such a permit has been issued.
1.
Exemptions. Any sign listed in exempt signs in § 30-8.7 herein shall be exempt from the requirements for a sign permit, provided that they conform to the requirements and regulations of this chapter and have no electrical parts or usage.
2.
General Regulations.
(a)
Any sign within an historic area shall be reviewed by the Planning Board prior to the issuance of a permit.
(b)
No permit shall be issued for any electrical sign which is manufactured by a company not listed in the current Electrical Construction Manufacturers List Manual, or for which no label number has been approved by the Fire Underwriters Laboratories.