Township of Oxford, NJ Article XII Enforcement and Administration

§ 340-51 Enforcement by Zoning Officer.

The duty of enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred upon him by this chapter and as reasonably may be implied. He shall be appointed by the Mayor and shall receive such compensation as the governing body shall determine.

§ 340-52 Duties and powers of Zoning Officer.

A. The Zoning Officer and his duly authorized assistants shall have the duty and power to inspect or examine structures and uses in the Township of Oxford, and any plans for structures and uses, to determine their compliance with the provisions of this chapter.

B. Violations found. Where the Zoning Officer (or his assistants) determines that a structure, use or premises is in violation of the provisions of this chapter, he shall order the owner in writing to remedy such condition. Said written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such remedy, the penalties and remedies which may be invoked by the Township and the violator's rights of appeal, all as provided for by this chapter and the laws of the State of New Jersey.

C. Prosecution of violations. If any violation shall not be abated after notice as provided above, the Zoning Officer shall prosecute either an action in the Oxford Township Municipal Court for the penalties set forth in § 340-55 of this chapter or an action in the Superior Court of New Jersey to enjoin and compelling abatement of the violations.

D. Issuance of zoning permits. The Zoning Officer is hereby empowered to issue zoning permits in accordance with the requirements and provisions of this chapter certifying that the plans for a use, building or structure to be established, constructed or altered are for a use permitted by this chapter for the zone in which it is located, and that in all respects it complies with all applicable requirements and provisions of this chapter.

E. Records. The Zoning Officer shall maintain a permanent record of all matters considered and all action taken by him. Such records shall form a part of the records of his office and shall be available for the use of the governing body and other officials of the Township, county or state and for public inspection by appointment.

F. Monthly report. The Zoning Officer shall prepare a monthly report for the governing body. Said report shall cite all actions taken by him, including all referrals made, all permits and certificates issued and denied and all complaints of violations received, and all violations found by him and the action taken by him consequent thereto. A copy of this monthly report shall also be transmitted by the Zoning Officer to the Tax Assessor and Land Use Board at the same time it is transmitted to the governing body.

§ 340-53 Submission of applications and appeals.

A. Applications for detached single-family dwellings, accessory structures, buildings or uses related thereto. Each application for a zoning permit for a permitted one-family dwelling unit, and accessory structures, buildings or uses related thereto shall be made to the Zoning Officer. The Zoning Officer shall carefully consider the applications and all supporting documents and thereupon make a determination of the application's compliance with the requirements of this chapter. Based upon said determination, the Zoning Officer shall either issue or deny the zoning permit for which application was made. If the Zoning Officer denies the issuance of the zoning permit, he shall state, in writing to the applicant, the reasons for such denial. Each application made hereunder shall be accompanied by a zoning permit fee of $20 and survey plan of the lot, which shall be sealed in the case of an application for a permitted one-family dwelling unit, derived from the Official Tax Maps or other source of similar or greater accuracy, showing the following:

[Amended 7-20-2000 by Ord. No. 2000-8[1]]

(1) The location of existing and proposed structures or any additions or alterations thereto.

(2) Sufficient information and data to clearly show the applicant's compliance with the yard and building requirements of this chapter.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Applications for a permitted use for all uses except detached one-family dwellings. All such applications shall be made to the Oxford Township Land Use Board in accordance with the requirements for site plan review.

C. Applications for variances and conditional uses. All such applications shall be made directly to the Board in accordance with the rules and procedures as provided in Articles X and XI.

D. Applications for appeal. All such applications shall be made directly to the Land Use Board in accordance with the provisions of Article XI.

E. Applications for interpretations. All such applications shall be made directly to the Land Use Board in accordance with the provisions of Article XI.

F. All applications shall be accompanied by a proof of payment of taxes supplied by the Township Tax Collector. No zoning permit shall be issued for approval granted by the Township Zoning Officer if taxes or assessments for local improvements are due or delinquent on the property for which the application is made.

[Added 11-8-2006 by Ord. No. 2006-18]

§ 340-54 Occupancy permits.

A. No building or structure hereafter constructed, erected or altered, and no lot or 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 or land or part thereof shall hereafter be made, until an occupancy permit shall have been issued by the Construction Official, certifying that the lot or land or part thereof complies with all applicable provisions of this chapter and of all other applicable ordinances.

B. Occupancy permits shall be granted or denied by the Construction Official within 10 days from the date of written application therefor by the owner or his authorized agent.

C. The Construction Official shall require a written order from the Land Use Board before issuing a building permit and an occupancy permit in a case involving a conditional use or a variance from the provisions of this chapter and shall require a written order from the Land Use Board, where site plan review is required, before issuing an occupancy permit.

D. An occupancy permit shall be issued by the Construction Official in the case of any building or structure, lot or land proposed to be put into use pursuant to any variance granted by the Land Use Board or by the Township Committee. Such occupancy permit, when issued by the Construction Official, shall include a detailed description of such variance.

E. Upon written application by the owner or his authorized agent, the Construction Official shall issue an occupancy permit for any building or structure, lot or land existing and in use at the effective date of this chapter, provided that said Official shall find that such building or structure, lot or land is in conformity with the applicable provisions of this chapter or is a nonconforming building or structure or a nonconforming use as defined herein and, in any case, is in conformity with all other ordinances.

F. The owner's copy of every occupancy permit shall be exhibited at all reasonable times, upon the demand of the Construction Official or other responsible official of the Township.

G. A record of all occupancy permits shall be kept on file in the office of the Construction Official, and certified extra copies thereof shall be furnished upon payment of a fee as determined by the Township.[1]

[1] Editor's Note: Former § 95-50, Application fees, as amended 10-19-1989 by Ord. No. 89-6, which previously followed this section, was repealed 10-15-1992 by Ord. No. 92-6. See now Ch. 64, Land Use Procedures, Schedule I, Fees.

§ 340-55 Violations and penalties.

A. For each and every violation of any provision of this chapter, the owner, contractor or other persons interested as general agent, architect, building contractor, owner, tenant or any other persons who commit or take part or assist in any violation of this chapter, or who maintain any building or premises in which any violation of this chapter shall exist and who shall have refused to abate said violation within five days after written notice shall have been served upon him either by mail or by personal service, shall for each and every violation be subject to a fine of up to $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, at the discretion of the Municipal Judge before whom a conviction may be had. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. In addition to the powers given to the Zoning Officer as prescribed elsewhere by this chapter, the owner of, or any person having interest in, any property in the Township of Oxford may make complaint for any violation of this chapter or any provisions or section thereof; and, upon conviction in such case, the penalties hereinbefore provided shall be imposed.

C. In addition to the remedies herein provided, any person, persons, company or corporation violating this chapter or any provision or section thereof may be proceeded against by the Township of Oxford or by the Zoning Officer or by the owner of any property in the Township of Oxford by appropriate action or by proceeding in equity or otherwise to prevent and enjoin any threatened violation of this chapter.