A.Â
No zoning permit, building permit or certificate of occupancy shall
be issued for any parcel of land or structure on which improvements
were undertaken in violation of the provision of this chapter or for
use of a lot which was created by subdivision after the effective
date of and not in conformity with the provisions of this chapter.
No site improvements, such but not limited to excavation or construction
of improvements, shall be commenced except in conformance with this
chapter in accordance with approvals and the issuance of required
permits.
B.Â
Zoning permits. Zoning permits shaft be required for construction,
alteration, expansion, or restoration of any structure or building
and for the use of any lot or land, unless specifically exempt under
this chapter. For ease of administration, the Township may combine
zoning permits with permits required under the Uniform Construction
Code.
C.Â
Certificates of occupancy. A certificate of occupancy shall be required
for the use and occupancy of:
A.Â
Zoning permits.
(1)Â
No construction, alteration or excavation for any building or
other structure nor any use of building or land shall be begun without
the issuance of a permit by the Zoning Officer indicating that the
proposal is in compliance with the provisions and requirements of
this chapter. A permit issued in accordance with the building code
of the Township and satisfying the requirements thereto shall also
satisfy the additional requirements of this chapter.
(2)Â
All applications for permits shall be made on forms provided by the Zoning Officer. Each such application shall be accompanied by a site plan prepared in triplicate and drawn to such scale as required to show exact dimensions and locations of all buildings, yards, lot lines, off-street parking and such other appropriate details and information as may be necessary to provide for the administration of this chapter. All dimensions shown on these plans relating to the lot to be used or built upon shall be based on an actual survey, deed description or an approved subdivision plat. Where approval of the site plan is required by the Township Planning Board, submittals shall meet the requirements of Article XVI of this chapter. One copy of the approved site plan shall be returned to the applicant, together with the permit issued by the Zoning Officer and with such conditions as may have been attached thereto by an official body of the Township acting under this chapter. In those instances where permits are not granted, the applicant shall be advised, in writing, as to the specific conditions involved. The lot and location of all construction, alterations and excavations shall be staked on the ground, and an inspection thereof shall be made by the Zoning Officer before work is begun.
(3)Â
The construction or alteration of any building or buildings
for which a permit was issued must be begun within six months after
the date of issuance, and any such construction or alterations shall
be completed or fully effected within two years after said date of
issuance, after which time such permit shall become void and subject
to reapplication. The Zoning Officer, at his/her discretion, may issue
a new permit granting a reasonable continuation of time where unavoidable
conditions prevented the initiation or completion of work within these
prescribed time periods.
B.Â
Certificates of occupancy.
(1)Â
No building or other structure hereafter constructed, erected
or altered and no lot or area of land hereafter put into use shall
be occupied or used in whole or in part for any use whatsoever, and
no change of use of any building, structure, lot area of land or part
thereof shall hereafter be made until a certificate of occupancy shall
be issued by the construction code official or zoning officer, as
the case may be, certifying that such building, other structure, lot
or area of land or part thereof complies with all applicable provisions
of this chapter.
(2)Â
Certificates of occupancy shall be granted by the Construction
Code Official or Zoning Officer, as the case may be, within 10 days
from the date of application therefor by the owner of the premises
for such use or occupancy. His or her reasons for doing so shall be
stated in detail on at least one copy of the application, and that
copy returned to the applicant.
C.Â
A temporary use permit or certificate of occupancy may be issued
in accordance with the following requirements:
(1)Â
Upon application by a person, firm or corporation which has
secured site plan approval, if required, and upon proof of undue hardship,
expense and delay occasioned by such conditions as weather, unavailability
of material due to strikes, rationing or lack of transportation and
where structures are erected upon the site and the site has been sufficiently
improved to support limited commercial operation of the developed
site other than a site for multiple residential use, but in no event
when less than 75% completed, the Township Committee may, in its discretion,
direct the Zoning Officer or Building Inspector of the Township to
issue a temporary certificate of occupancy for a period not to exceed
180 days to permit the applicant to make such limited use of the improved
site as shall be set forth in a resolution of the Township Committee.
The Township Committee shall impose such conditions as it shall determine
to be necessary to be imposed upon such limited use, including but
not limited to the provision for the imposition of penalties for failure
to complete the site development in accordance with site plan approval
and the provision as to when the applicant shall obtain final inspection
and approval of the development site. Such limited use may be permitted,
notwithstanding that all required improvements may not have been installed
at the time the application is made for a temporary certificate of
occupancy.
(2)Â
In considering an application for a temporary certificate of
occupancy, the Township Committee shall give particular regard to
the nature of the surfacing of the parking area and the number of
parking spaces available, bearing in mind the nature of the operation,
the type of customers served thereby and the frequency of entrance
and exit of vehicular and pedestrian traffic.
D.Â
Fees for permits. Each application for such a zoning permit and certificate
of occupancy shall be accompanied by a fee in accordance with a schedule
of fees established by the Township Committee.
A.Â
Appointment and duties.
(1)Â
The Township Committee shall appoint a Zoning Officer, who shall
be authorized to and shall administer and enforce the provisions of
this chapter. At the discretion of the Township Committee, the position
may be held by the Building Inspector or Construction Code Official.
(2)Â
The Zoning Officer shall receive applications for permits to
construct, alter, use or occupy any building or land and shall issue
such permits to applicants having complied with the provisions of
this chapter. In no case shall a permit be granted by the Zoning Officer
for the construction, alteration and use of any building or land that
would be in violation of this chapter.
(3)Â
The Zoning Officer or his duly authorized agent shall have the
right to enter and inspect any building or premises and examine any
plans during the daytime course of his/her duties to determine whether
or not any construction, alteration or use of any building or use
of land is in conformance with any permit issued therefor under the
provisions of this chapter.
(4)Â
The Zoning Officer shall order, in writing, the remedying of
any conditions or the cessation of any construction, alteration or
use found to be in violation of any provision of this chapter or of
any conditions which may have been attached to the issuance of a permit
to construct, alter or use a building or lot by an official or official
body of the Township acting under this chapter.
(5)Â
Nothing contained in this chapter shall limit the permit issuing,
inspection, and/or enforcement responsibilities of the Township Construction
Code Official as provided for under the Uniform Construction Code.
B.Â
Records.
(1)Â
The Zoning Officer shall keep a record of all applications for
permits and certificates issued and denied, together with all notations
of specific conditions involved. The Zoning Officer shall file and
safely keep copies of all site plans and information supplemental
thereto, which shall be part of the records of his/her office and
shall be available for the use of the Township Committee and of other
officials of the Township, county or state.
(2)Â
The Zoning Officer shall prepare a monthly report for the Township
Committee summarizing for the period since his/her last previous report
all permits issued and all violations found and consequent actions
taken by him/her. A copy of each such report shall be filed with the
Tax Assessor.
C.Â
Cases of doubt. Should the Zoning Officer be in doubt as to the meaning
or intent of any provision of this chapter as to the location of a
district boundary line on the Zoning Map or as to the propriety of
issuing any permit in the particular case, the Zoning Officer shall
appeal the matter to the Board of Adjustment for interpretation and
decision.
During the first three months of each calendar year, the Planning
Board shall review all approved site plans where the improvements
required by the approving agency have not been completed and/or the
posted performance guarantees have not been released. Each major subdivision
or site plan shall be reviewed as to: satisfactory progress of development;
compliance with all conditions of approval; compliance with the Code
of the Township of Ocean; and such other matters as the Planning Board
shall deem relevant. The Board shall make written findings. A copy
of the findings, and any recommendations, shall be forwarded to the
Construction Code Official or Zoning Officer and the Township Committee.
A.Â
The regulations, restrictions, and boundaries set forth in this chapter
may from time to time be amended, supplemented, changed, or repealed,
provided that no such action may be taken until after a public hearing
in relation thereto, at which parties in interest and citizens shall
have an opportunity to be heard.
B.Â
Amendments to this chapter or any other ordinance affecting the provisions
of this chapter may be periodically considered by the Township Committee
pursuant to N.J.S.A. 40:55D-62-64. Amendments to this chapter or other
ordinances as appropriate shall take effect immediately after passage
and publication in the manner provided by law, filing of two certified
copies with the Ocean County Planning Board and, where applicable,
compliance with N.J.A.C. 7:50-3.45 with respect to the Pinelands Commission
review.
