Ventnor City City Zoning Code
ARTICLE XXIII
Permits; Administration; Enforcement; Penalties; Appeals
§ 102-147 Enforcing officer; duties.
A.
All provisions of this chapter shall be enforced by the Construction Official of Ventnor City.
B.
In no case shall a building permit be issued for construction or alteration of a use or of any building where such construction or alteration would be in violation of any provision of this chapter.
C.
The Construction Official shall be authorized to grant permits where provisions of this chapter have been complied with, to collect fees for such permits, to make inspections and to examine plans and specifications. Any such zoning permit fee not covered under the Uniform Construction Code shall be collected under the fee schedule as listed in § 102-160.4A(11).
[Amended 5-20-2010 by Ord. No. 2010-07]
D.
The Construction Official shall keep careful and comprehensive records of all applications, permits issued, inspections made and notices issued. The City Tax Assessor shall receive a copy of all permits.
E.
Inspection where the Construction Official reasonably suspects that a violation of this chapter is or has occurred.
(1)
The Building Inspector or his authorized representative shall have authority to enter upon and inspect any dwelling unit, building and structure where he reasonably suspects that there has been a violation of this chapter.
(2)
Before the Building Inspector may enter private living quarters and conduct an inspection for a suspected violation, he must either obtain the consent of the occupant of such private living quarters or secure a warrant from the Ventnor City Municipal Court Judge or any County or Superior Court Judge (hereinafter referred to as the "issuing magistrate").
(3)
The issuing magistrate may grant a search warrant to the Building Inspector where the issuing magistrate finds probable cause to believe that a violation of this chapter has occurred on the premises, that a search of the premises is necessary to gather evidence of the suspected violation and that the Building Inspector has made a reasonable but unsuccessful attempt to secure the consent of the occupant.
F.
Surveys signed and sealed by a New Jersey licensed professional surveyor shall be submitted to the Municipal Construction Code Official within five business days following completion of each of the followings stages of construction:
[Added 6-7-2007 by Ord. No. 2007-5]
(1)
Foundation/top of block indicating setbacks to all property lines and effective building width.
(2)
Completion of roof framing showing all of the information contained in Subsection F(1) and maximum eave heights and eave overhangs along side yards and maximum building height.
(3)
Final survey after completion of building(s) and site improvements showing building and mechanical setbacks to all property lines, first-floor elevation, finished building height elevation, and finished eave height elevation, based on NGVD 1929.
(4)
If the owner, contractor, or building permittee fails to submit the information within the required time, the Construction Code Official shall order stoppage of the work and issue written notice to the property owner and building permittee to comply within 10 days of the date of the letter and submit the necessary survey or surveys. If the required surveys are not received within the ten-day period, the Construction Code Official shall file a complaint for violation of this section with the Municipal Court.
§ 102-148 Permits for major subdivision.
No building permits shall be issued by the Construction Official for any dwellings, buildings or structures within a subdivision until final approval has been granted. Upon application to the Planning Board, up to three building permits may be issued for model homes in a major subdivision prior to final approval.
§ 102-149 Additional permit requirements.
No building permits shall be issued for alteration or construction of buildings or structures, sign construction or change in use until final site plan approval has been granted as required in this chapter.
§ 102-150 Certificate of occupancy.
No certificate of occupancy for any dwelling, building or structure shall be granted by the Construction Official unless all required improvements have been installed or completed.
§ 102-151 Certificate of approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Certificates of approval for subdivision and site plans shall be issued by the City Clerk upon receipt of a signed approved plat from the Planning Board.
§ 102-152 Applications.
Applications for all permits and certificates provided in this article shall be made upon the proper form and accompanied by the fee prescribed in Article XXIV.
§ 102-153 Violations and penalties.
The following penalties shall be imposed for violation of the provisions of this chapter:
A.
If, before final approval has been granted, any person transfers, sells or agrees to sell as owner or agent any land which forms a part of a subdivision on which, by ordinance, the Planning Board is required to act, such person shall be subject to a fine not to exceed $1,000 or imprisonment not to exceed 30 days, and each lot or parcel so disposed of shall be deemed a separate violation.
[Amended 1-9-1997 by Ord. No. 9616]
B.
Any other violation of the provisions of this chapter shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed 30 days. Each day that a violation shall continue shall constitute a separate violation.[1]
[Amended 1-9-1997 by Ord. No. 9616]
C.
Nothing in this article shall be construed to limit the City of Ventnor City's right to institute and maintain a civil action from seeking active injunctive relief or to set aside or invalidate any conveyance made pursuant to a contract of sale.
D.
In addition to or as a substitute for the previously mentioned fine, the imposition of community service shall be authorized as an additional penalty, which community service shall not exceed 90 days.
§ 102-154 Denial of permits or certificates.
Where a permit or certificate is denied, the official responsible shall send promptly to the applicant, at the address given on the application, a notice of decision setting forth the reason for denial.
§ 102-155 Expiration of permits; certificates and subdivision approval.
Building permits shall be issued separately for each lot and shall lapse one year after issue. Certificates of occupancy shall be granted or denied within 10 days of application if all City requirements are complied with in the case of new construction, within 30 days in the case of alterations and conversions and within 30 days following Planning Board approval in the case of nonconforming uses and variances. Such certificates shall lapse 90 days after issue. Minor subdivision approval shall expire 190 days from the date of municipal approval unless within such time a plat in conformity with such approval and meeting provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:26B-l et seq.) or a deed clearly describing the approved minor subdivision and signed by the Planning Board Chairman and Secretary is filed by the developer with the county recording officer, Municipal Engineer and Municipal Tax Assessor. Major subdivision approval shall expire 95 days from the date of approval unless within such time a plat signed by the Planning Board Chairman and Secretary shall have been filed by the developer with the county recording office. An extension not to exceed 190 days may be granted by the Planning Board.
§ 102-156 Powers and duties of Planning Board.
For the purposes of this chapter, the Planning Board of Ventnor City shall exercise the following powers:
A.
The Planning Board of Ventnor City shall enforce the subdivision, site plan and certain zoning articles of this chapter.
(1)
Subdivision and site plan. The Board of Commissioners of Ventnor City requires, with passage of this chapter, Planning Board approval, by resolution, of subdivision plats as a condition for filing of such plats with the county recording office and requires Planning Board approval, by resolution, of site plans as a condition for the issuance of a permit for any development except as provided in Article XIX or in those cases specified below where Planning Board approval shall be required.
(2)
Zoning. The Board of Commissioners of Ventnor City makes it possible, with passage of this chapter, for the Planning Board to review and approve, in conjunction with subdivision and site plan review, requests for variances from lot area, lot dimension, setback and yard requirements for a single lot.
(3)
Conditional use approvals. The Planning Board shall issue permits for buildings or structures not related to a street and permits for buildings or structures in the bed of a mapped street, public drainageway, flood control basin or public area reserve. These permits shall be issued in conjunction with Sections 23, 25 and 27 of the New Jersey Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-32, 40:55D-34 and 40:55D-36, respectively.
B.
The Planning Board, exercising the powers of a Zoning Board of Adjustment, shall:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative office based on or made in the enforcement of the Zoning Ordinance.
(2)
Hear and decide, in accordance with provisions of the zoning articles of this chapter, requests for interpretation of the Zoning Map or articles or for decisions upon other special questions upon which the Board is authorized to pass by the zoning articles.
(3)
Grant a hardship variance where the strict application of the zoning articles of this chapter, as they apply to a specific piece of property which, by reason of exceptional narrowness, shallowness, shape, exceptional topographic condition or other extraordinary and exceptional situation or condition, would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property; provided, however, that no such variance shall be granted to allow a structure or use in a district restricted against such structure or use and provided that the proposed development does not require subdivision, site plan or conditional use approval of the Planning Board.
(4)
Grant a variance to allow a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by affirmative vote of at least 2/3 of the fully authorized membership of the Board.
(5)
Direct issuance of a permit for a building or structure in the bed of a mapped street, public drainageway, flood control basin or public area reserved and direct issuance of a permit for a building or structure not related to a street in conjunction with Sections 23, 25 and 27 of the New Jersey Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-32, 40:55D-34 and 40:55D-36, respectively.
(6)
Grant conditional use approval in conjunction with review for a use variance as specified in Subsection B(4) above, provided that the Board shall have 120 days from the filing of a completed application with the City Clerk or such additional time as may be mutually agreeable to Board and developer.
C.
No variance granted pursuant to Subsection B(1), (2) and (3) of this section shall be valid for a period of longer than one year from the date of issue of the resolution adopted by the Planning Board unless a building permit is issued and construction actually begun within that period and thereafter diligently pursued to completion. In the case of a variance granted in conjunction with site plan or subdivision approval, the variance shall be valid for the same time period as the site plan or subdivision approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 102-157 Review by County Planning Board.
Wherever review or approval of an application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3) for submissions or Section 8 of P.L. 1968, c. 285, (N.J.S.A. 40:27-6.6) for site plans, the municipal Boards (Planning and Zoning) shall condition all approvals upon timely receipt of a favorable report on the application by the County Planning Board.
§ 102-158 Appeals.
The appeal process for official actions taken with regard to any portion of this chapter shall be as outlined in prior articles and sections and as further outlined below:
A.
Appeals to the Board of Adjustment.
(1)
Appeals, as provided in § 102-156B(1), may be taken by an interested party affected by an administrative office of Ventnor City based on or made in the enforcement of the Zoning Articles of this chapter. Such appeal shall be taken within 20 days of official action by filing a notice of appeal with the office from whom the appeal is taken specifying the grounds of such appeal.
[Amended 2-13-1997 by Ord. No. 9704]
(2)
The Board shall render a decision not later than 120 days after the date an appeal is taken. In its decision, the Board may reverse or affirm wholly or in part or modify the action, order, requirement, interpretation or determination of the original decisions. An appeal to the Board shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose section the appeal is taken certifies to the Board, after filing of the appeal, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court.
B.
Appeals from the Planning Board. An appeal from any decision of the Planning Board of the City of Ventnor shall, in accordance with the New Jersey statutes, be appealable directly to the Superior Court of the State of New Jersey.
[Amended 2-13-1997 by Ord. No. 9704]
§ 102-159 Hearings.
A.
Hearings shall be held by the Planning Board for all developmental applications. Notice of such hearing, in accordance with the public notice requirements listed below, shall be provided for by the applicant or developer or subdivider for all applications, except those for minor subdivisions and conventional site plans and final subdivision approval if such applications do not require the Planning Board to exercise its ancillary jurisdiction pursuant to N.J.S.A. 40:55D-60.
B.
Public notice shall be given pursuant to N.J.S.A. 40:55D-12. At least 10 days prior to the date of the hearing, a notice of hearing shall be given stating the date, time and place of the hearing and nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which maps and exhibits for which approval is sought are available for inspection. Such notice shall be given as follows:
(1)
By publication in the official newspaper of Ventnor City.
(2)
To all owners of real property as shown on the current tax duplicate located within 200 feet in all directions of the property which is the subject of the hearing, which notice shall be given by serving a copy thereof on the property owner, as shown on the current tax duplicate, or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing. (See N.J.S.A. 40:55D-14.)
(3)
Notice to a partnership owner may be made by service upon any partner. 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.
(4)
To the Clerk of any adjoining municipality or municipalities and to the County Planning Board when the property involved is located within 200 feet of said adjoining municipality or municipalities, which notice shall be given by personal service or certified mail.
(5)
To the County Planning Board when the application for development involves property adjacent to an existing county road or proposed road shown on the Official County Map or a County Master Plan or adjoins another county land.
(6)
To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway.
(7)
To the Director of the Division of State and Regional Planning in the Department of Community affairs when the hearing involves an application for development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk, pursuant to N.J.S.A. 40:55D-10b.
C.
Upon written request from the applicant, the Tax Collector will provide a certified list from the current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice for a fee in the amount set forth in Chapter 114, Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Public notice following decisions. All decisions of the Planning Board shall be provided as follows:
(1)
A copy of the decision shall be mailed to the applicant at the address given on the application within 10 days of decision, and a copy shall be mailed to those requesting a copy. A copy for public inspection shall be placed on file with the City Clerk.
(2)
A notice of decision shall be published in the official newspaper of Ventnor City by the applicant.