Bill Text: NJ A1419 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires demonstration of compliance with municipal zoning requirements as a condition for the issuance of certain construction and occupancy permits.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Housing and Local Government Committee [A1419 Detail]
Download: New_Jersey-2010-A1419-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman VINCENT PRIETO
District 32 (Bergen and Hudson)
Assemblyman PETER J. BIONDI
District 16 (Morris and Somerset)
SYNOPSIS
Requires demonstration of compliance with municipal zoning requirements as a condition for the issuance of certain construction and occupancy permits.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act requiring demonstration of compliance with municipal zoning requirements as a condition for the issuance of certain construction and occupancy permits, amending and supplementing P.L.1975, c.217.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The enforcing agency shall not issue a permit authorizing the owner to proceed with construction upon the completion of a building foundation, until the owner has submitted to the enforcing agency certification by a land surveyor or surveyors licensed pursuant to Title 45 of the Revised Statutes that the exact location of the foundation on the property conforms with the terms of the approval with regard to set backs and lot coverage requirements.
2. (New section) The enforcing agency shall not issue a certificate of occupancy pursuant to section 15 of P.L.1975, c.217 (C.52:27D-133), until the owner has submitted to the enforcing agency a certification by a land surveyor or surveyors licensed pursuant to Title 45 of the Revised Statutes that the height of the structure is in conformance with the terms of the approval.
3. Section 13 of P.L.1975, c.217 (C.52:27D-131) is amended to read as follows:
13. a. The enforcing agency shall examine each application for a construction permit. If the application conforms with this act, the code, and the requirements of other applicable laws and ordinances, the enforcing agency shall approve the application and shall issue a construction permit to the applicant. Every application for a construction permit shall be granted, in whole or in part, or denied within 20 business days. If application is denied in whole or in part, the enforcing agency shall set forth the reasons therefor in writing. If an enforcing agency fails to grant, in whole or in part, or deny an application for a construction permit within the period of time prescribed herein, such failure shall be deemed a denial of the application for purposes of an appeal to the construction board of appeals unless such period of time has been extended with the consent of the applicant. The enforcing agency may approve changes in plans and specifications previously approved by it, if the plans and specifications when so changed remain in conformity with law. Except as otherwise provided in this act or the code, the construction or alteration of a building or structure shall not be commenced until a construction permit has been issued. The construction of a building or structure shall be in compliance with the approved application for a construction permit; and the enforcing agency shall insure such compliance in the manner set forth in section 14 of [this act] P.L.1975, c.217 (C.52:27D-132) and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
The commissioner, after consultation with the code advisory board, may, for certain classes or types of occupancy posing special or unusual hazards to public safety, establish regulations designating the department as the enforcing agency for purposes of approving plans and specifications. A municipal enforcing agency shall not grant an occupancy permit for any such class or type of construction unless the applicant submits appropriate plans and specifications certified or approved by the department. Upon submission by an applicant of such certified approved plans and specifications, the enforcing agency shall recognize the approval when deciding whether to approve the application for a construction permit.
b. A construction permit, issued in accordance with the foregoing provisions, pursuant to which no construction has been undertaken above the foundation walls within one year from the time of issuance, shall expire.
c. The enforcing agency may revoke or cancel a construction permit in the event the project for which the permit is obtained is not completed by the third anniversary of the date of issuance of the construction permit. Notwithstanding the provisions of any other law, rule or regulation to the contrary, the enforcing agency may revoke or cancel a construction permit in effect on the effective date of P.L.2001, c.457 (C.52:27D-131.1 et al.), if the project for which the construction permit was obtained is not completed by the third anniversary of the effective date of P.L.2001, c.457 (C.52:27D-131.1 et al.).
d. If the project for which the permit is obtained is not completed by a deadline set forth in this section, the permittee may submit a request for an extension of the permit to the enforcing agency for review. The enforcing agency may extend the permit for a period of one year. Approval of the extension shall not be unreasonably withheld. Denial of a request for an extension may be appealed to the county construction board of appeals established pursuant to section 9 of P.L.1975, c.217 (C.52:27D-127). If a project is not completed within the deadline set forth in this section, the enforcing agency shall take all appropriate action up to and including demolition of the uncompleted structure.
The provisions of this subsection shall not apply to a permit obtained: (1) to construct improvements to the interior of a residential property in which the permittee is currently residing that are not visible from the outside of the residential property, (2) for any building of which the exterior and all required site improvements have been fully constructed, or (3) for a project while that project is under the control of a mortgagee in possession.
The enforcing agency may suspend, revoke or cancel a construction permit in case of neglect or failure to comply with the provisions of this act or the code, or upon a finding by it that a false statement or representation has been made in the application for the construction permit.
(cf: P.L.2001, c.457, s.1)
4. Section 15 of P.L.1975, c.217 (C.52:27D-133) is amended to read as follows:
15. No building or structure hereafter constructed shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the enforcing agency. No building or structure hereafter altered, in whole or in part, shall be used or occupied until such a certificate has been issued, except that any use or occupancy in an already existing building or structure that was not discontinued during its alteration may be continued in the preexisting structure for 30 days after the completion of the alteration without the issuance of a certificate of occupancy. A certificate of occupancy shall be issued by the enforcing agency when all of the work covered by a construction permit shall have been completed in accordance with the permit, the code, and other applicable laws and ordinances and the certification required pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) has been submitted. In the case of any new home subject to sales surcharge pursuant to P.L.1991, c.202 (C.46:3B-13 et al.) a certificate of occupancy shall not be issued except after presentation of a receipt, or verified duplicate thereof, from the Department of Community Affairs evidencing the payment of the surcharge. On request of a holder of a construction permit, the appropriate enforcing agency may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the construction permit has been completed, if the part or parts of the building or structure to be covered by the certificate may be occupied prior to completion of all work in accordance with the permit, the code, and other applicable laws and ordinances, without endangering the health and safety of the occupants or users. When a building or structure is entitled thereto, the enforcing agency shall issue a certificate of occupancy within 10 business days after receipt of a written application therefor in accordance with regulations established by the commissioner on a form prescribed by the commissioner accompanied by payment of a fee to be established by the municipal governing body by ordinance in accordance with standards established by the commissioner. The certificate of occupancy shall certify that the building or structure has been constructed in accordance with the provisions of the construction permit, the code, and other applicable laws and ordinances.
(cf: P.L.1991, c.202, s.8)
5. This act shall take effect immediately.
STATEMENT
This bill would require that an owner who seeks certain approvals pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) demonstrate compliance with the terms of municipal approvals at two points in the process of construction.
Specifically, the bill would prohibit an enforcing agency from granting an owner a permit to proceed with construction upon the completion of the building foundation until the owner submits certification by a licensed land surveyor that the location of the foundation conforms with the terms of the approval with respect to set backs and lot coverage requirements.
In addition, the bill would prohibit an enforcing agency from granting a certificate of occupancy until the owner submits certification by a licensed land surveyor that the building height conforms to the terms of the approval.
Although a. of section 13 of P.L.1975, c.217 (C.52:27D-131) requires the construction of a building or structure to be in compliance with the approved application for a construction permit and the enforcing agency is required to insure such compliance, the process of construction code enforcement includes no mechanism to assure that what is constructed is in actual compliance with the terms of the approval. While zoning officers are involved in oversight at present, zoning officers do not have the professional expertise to assure that the foundation is accurately situated relative to the plans submitted by the owner at the outset of the approval process.
By requiring the owner to submit a certification by a licensed surveyor demonstrating compliance with the terms of construction approval, this measure seeks to fill a significant gap in the current enforcement process.
