A. The duty of administering and enforcing the provisions of this Chapter is hereby conferred upon the Administrative Officer, who shall have such powers as are conferred upon him by the Chapter, and as reasonably may be implied. He shall be appointed as provided in the Administrative Code. In no case shall a development Permit be granted for a subdivision or the construction of or alteration of any building or site where the proposed construction, alteration or use thereof would be in violation of any provisions of this Chapter. It shall be the duty of the Administrative Officer to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of this Chapter and he shall have the right to enter any buildings or premises during the daytime, or other normal business hours of the premises, in the course of his duties.
B. It shall be the duty of the Borough Engineer to enforce the provisions of development, subdivision and site plan approvals.
A. Development Permit:
1. Development Permits shall hereafter be secured from the Zoning 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 except where such development is an exempt development as defined in Section 2.3. 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 applicants shall have, where applicable, secured other required permits including, but not limited to:
a. Stream encroachment, permit from the New Jersey
Department of Environmental Protection.
b. Coastal Area Facilities Review Act (C.A.F.R.A.) permit from the New Jersey Department of Environmental
Protection.
c. Wetlands permit from the New Jersey Department of Environmental Protection.
d. Riparian construction permit from the New Jersey
Department of Environmental Protection.
e. Sewerage and/or industrial waste treatment permit from the New Jersey Department of Environ mental Protection.
f. Land Disturbance permit from the Freehold Area
g. Wetlands permit required by Chapter XIX of the revised general ordinances of the Borough of Little
Silver.
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 Chapter 291,
P.L. 1975,"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 thereof.
2. The Zoning Officer shall make and issue such certificate within fifteen (15) days after the receipt of such written application and the fees therefore. Said 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 Chapter 291, P.L. 1975.
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.
4. The Zoning Officer shall be entitled to demand and receive for such certificate issued by him a fee in the amount of $10.00 per certificate. 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 C. 40:55D-55.
6. If the Zoning Officer designated to issue any such certificate fails to issue the same within fifteen (I5)days after receipt of an application and the fees therefore, 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 C. 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 therefore has been issued by the Construction Official except as set forth in Section 6.2A7. All applications for such permit shall be in accordance with the requirements of the building code. No building permit shall be issued unless the applicant shall have first completed improvements called for in the site plan approval or subdivision approval, except when said improvements are set forth to be completed according to a schedule approved by the Planning Board as part of the site plan or subdivision resolution of approval.
When a new building is to be constructed the issuance of the building permit shall be a two-step process. A foundation permit shall be issued. Upon completion of the foundation the Applicant shall present to the Borough Engineer a sealed location survey prepared by a licensed N.J. Engineer or Land Surveyor showing the foundation with elevations. At such time as the Borough Engineer approves the location and elevation, a framing permit shall be issued for the completion of the construction.
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. In addition. Certificates of Occupancy shall not be issued for any change of ownership, change of use, or new use other than one and two family homes until approval shall approvals shall be received from the Little Silver Bureau of Fire
Prevention. Such certificate shall be issued upon application by the owner, prospective tenant, 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. Such temporary certificates of occupancy shall be issued only on the approval of the Construction Official at the direction of the Planning Board.
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 non conforming 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 it has been permitted by action of the Planning Board.
3. Chance of Use: Whenever there occurs a change in the non-residential use of a building, structure or land, a new
Certificate of Occupancy shall be applied for, to ensure compliance with this Section, "Change in Use" shall be broadly construed and shall, for example, include substitution of one type of retail trade use for another and of a particular industrial manufacturing use for another. A Certificate of
Occupancy shall be obtained for each and every change or addition of non-residential property. The Construction
Official may issue such certificate if the Zoning Officer determines that the requirements of this Chapter are no more stringent than those of the previous occupancy and provided that the Applicant has met the requirements of other applicable regulations.
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 investi gation of the premises would disclose the extent to which
a use was altered. It shall also contain and indicate whether such use is a permitted or non-conforming use and the extent to which the use does not conform to the pro visions of this Chapter.
5. Improvement Required: No Permanent Certificate of
Occupancy sh X11 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 or any building, structure or land unless a Development Permit shall have first been issued for the use of any building, structure or land.
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 the issuance of a Development Permit as provided elsewhere in this Chapter.
A. It shall be the duty of the Zoning Officer to keep
a record of ail applications for and all Development Permits issued, together with a notation of all special conditions involved. He shall file and safely keep copies of ail plans submitted, and the same shall be available for the use of the Borough Council and of the other officials of the Borough.
B. The Zoning Officer shall prepare a monthly report for the
Borough Council, summarizing for the period since his last previous report, all Development Permits issued and all complaints of violations and the action taken by him consequent thereon. A copy of each such report shall be filed with the Borough Tax Assessor at the same time it is filed with the Borough Council.
In the application and interpretation of this Chapter, all provisions hereof shall be held to be a minimum standards or requirements adopted for the promotion of the public health, safety, convenience and general welfare of the Borough. Whenever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.
A. For any and every violation of the provisions of this Chapter the owner, general agent, or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner/general agent, con tractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation continues, be subject to
a fine of not less than Fifty ($50.00) Dollars for the first offense and not less than One Hundred ($100.00) Dollars for each subsequent offense, nor more than One Thousand ($1,000.00) Dollars or be imprisoned for a term not exceeding ninety (90) days, or both.
B. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this Chapter pursuant to Chapter 291, P.L. 1975, such person shall be subject to a penalty not to exceed one thousand
($1,000.00), and each lot disposition so made may be deemed a separate violation.
In addition to the foregoing, the municipality may institute and maintain a civil action:
1. For injunctive relief; and
2. To set aside and invalidate any conveyance made pursuant to such a contract of sale if a Certificate of Compliance has not been issued it accordance with Section 101-3.7, B of this Chapter.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the-subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years, if un- recorded.
C. If, after final approval it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the Planning
Board or the Borough Council may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as .if final approval had not been obtained.
D. If the developer or agent of the developer shall, after notification by certified mail from the Borough Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures or cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property, continue to carry on the activities specifically included in cessation order(s) from the Borough Engineer, then any such developer or agent of such developer shall be subject to a fine not to exceed one thousand ($1,000.00) dollars, or to imprisonment for not more than ninety (90) days. Each and every day that a developer or agent of a developer operates in violation of this Chapter after issuance of a cessation order by the Borough Engineer shall be considered a separate and specific violation.
All amendments to this Chapter and to the Zoning Map, which forms a part hereof, shall be adopted in accordance with the provisions of Chapter 291, P.L. 1975, as amended and supplemented.
If any section, paragraph, subdivision, clause or provision of this Chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision clause or provision so adjudged, and the remainder of this Chapter shall be deemed valid and effective.
A. After the effective date of this Chapter all new Applications for Development shall be subject to the provisions of this
B. All Applications for Development filed prior to the effective date of this Chapter may be continued, subject to the following:
1. The time limits for approval by the municipal agency set forth within this Chapter shall not apply unless the developer shall notify the municipal agency in writing that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new Application for Development subject to the provisions of subsection "A" of this Section and all other provisions of this Chapter.
2. If the developer does not notify the municipal agency that he desires the Application for Development to be considered within the time limits set forth in this Chapter, such Application for Development shall be processed and acted upon pursuant to the procedures heretofore in effect at the time of such application.
3. All approvals granted after the effective date of this Chapter shall confer upon the applicant all the rights set forth in this Chapter.
Upon adoption of this Chapter the Borough Clerk shall file a copy of this Chapter with the Monmouth County Planning Board as required by C. 40:55D-16.
A. All Other Decisions Of Planning Board.
All other decisions of the planning board shall be deemed final and shall not be appealable to the Borough Council.
A. Definitions.
Whenever a term is used in this chapter which is defined in N.J.S.A.40:55D-1 et seq., such terms is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.
B. Repealer.
All sections of the land subdivision ordinance, zoning ordinances, site plan review ordinance or any other ordinance of the municipality which contain provisions contrary to the provisions of this chapter shall be and are hereby repealed but only to the extent of such inconsistency. If any part or parts of this ordinance are for any reason held to be invalid, such adjudication shall not affect the validity of the remaining portions of this Ordinance.
