The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Zoning Officer,
who shall have such powers as are conferred upon him/her in accordance
with its literal terms. The Zoning Officer shall not have the power
to permit any construction or any use or change of use which does
not conform to this chapter. The Zoning Officer shall be appointed
by the Township Council.
A.
The Zoning Officer shall be appointed by Township Council. Said appointment
may be accomplished at the organization meeting of the Washington
Township Council or any subsequent meeting appropriate. The term of
the appointment shall be for one year during the first three years
of the appointment/employment. Following completion of three one-year
terms, the term of the appointment may be for a period of up to three
years, at the discretion of Township Council.
[Added 7-23-2014 by Ord. No. 10-2014]
The duties of the Zoning Officer shall be:
A.
To examine all applications for construction and use
permits.
B.
To issue permits only for construction and uses which
are in accordance with the regulations of this chapter and other applicable
ordinances, as may be subsequently amended.
C.
To record and file all applications for zoning permits
with the accompanying plans.
D.
To issue permits for conditional uses only after such
uses and buildings are approved by the appropriate body.
E.
To issue all necessary stop orders pertaining to zoning
violations.
F.
To inspect nonconforming uses, buildings and signs.
G.
Upon the request of the Township Council, to present
to such body facts, records and any similar information on specific
requests to assist such body in reaching its decision.
H.
To give written notice of violation.
I.
To sign written complaints against violators in municipal
court.
J.
To cause any building, plans or premises to be inspected
or examined and order, in writing, the remedying of any conditions
found to exist in violation of this chapter.
K.
To enter any building or premises during the daytime
in the course of his/her duties.
L.
To perform any other duties assigned by the Township
Council.
A.
Whenever a violation of this chapter occurs, or is
alleged to have occurred, any person may file a written and signed
complaint. Such complaint stating fully the causes and basis thereof
shall be filed with the Zoning Officer. The Zoning Officer shall promptly
record such complaint, immediately investigate, and take action thereon
as provided by this chapter.
B.
If the Zoning Officer shall find that any of the provisions
of this chapter are being violated, he/she shall notify, in writing,
the person responsible for such violations, indicating the nature
of the violation, and order the action necessary to correct it.
This chapter shall be enforced by the designated
Zoning Officer of the Township. No permit of any kind, as provided
in this chapter, shall be granted by him/her for any purpose, except
in compliance with the provisions of this chapter or a decision of
the Planning Board, Zoning Board of Adjustment or the courts.
A.
Requirements.
(1)
Building and zoning permits.
(a)
A building and zoning permit shall be required
prior to the erection or structural alteration of any building, structure
or portion thereof and prior to the use or change in use of a building
or land and prior to the change or extension of a nonconforming use.
Farm buildings that exceed the setback requirements shall be exempt
from the permit requirements of this article, but all such farm buildings
shall be erected in conformity with the use, area and height regulations
applicable in the district in which such farm buildings are located.
(2)
Construction permits. All applications for building
permits shall be accompanied by one copy of a true and accurate plot
plan, and all applications for a zoning permit shall be accompanied
by one such plot plan. All such plot plans shall be drawn to scale,
showing the location and size of each building to be erected upon
each lot, the actual dimension of each lot to be built upon and such
other information as may be necessary to enable the subcode official
and Zoning Officer to determine whether the proposed structure and
use of land will conform to the provisions of the Uniform Construction
Code and the provisions of this chapter. The Zoning Officer shall
keep a record of all applications for zoning permits and a record
of all permits issued with a notation of all special conditions involved.
The Zoning Officer shall also file and safely keep copies of all plans
submitted, and the same shall become a part of the records of his/her
office for the use of the Township Council and other officials of
the Township.
B.
Application for permits. Application for permits,
including temporary permits, shall be made in writing to the Zoning
Officer on such forms as may be furnished by the Township. No permit
shall be considered complete or permanently effective until the Zoning
Officer has certified that the work meets all the requirements of
applicable codes and ordinances.
C.
Issuance of permits. Zoning permits shall be granted
or refused within 10 business days after the written application has
been filed with the Zoning Officer. Upon completion of the erection
or alteration of any building or portion thereof authorized by any
permit, and prior to occupancy or use, the holder of such permit shall
notify the Zoning Officer of such completion. No permit shall be considered
complete or permanently effective until the Zoning Officer has certified
that the work has been inspected and approved as being in conformity
with the provisions of this chapter and other applicable ordinances.
[Amended 3-12-2003 by Ord. No. 4-2003; 3-13-2013 by Ord. No.
6-2013]
D.
Expiration of permits. No permit for the erection,
razing, change, alteration or removal of buildings shall be valid
or effective after one year from the date of issuance thereof and
shall thereafter be void, unless the work authorized by such permit
shall have been substantially commenced within one year from the date
of issuance and proceeded with due diligence. If, however, the applicant
has been delayed in proceeding with the work for which the permit
was granted by reason of any reasonable cause not due to his/her own
negligence, the permit may be renewed without additional cost to the
applicant.
A.
Required. No building or structure hereafter erected
or structurally altered in whole or part, except for agricultural
uses, shall be used until a certificate of occupancy shall have been
issued, which certificate of occupancy must have upon it the signature
of the construction official and Zoning Officer. In addition, a new
certificate of occupancy shall be required for existing buildings
where there is a change in use and such new use includes structural
building changes and parking changes.
B.
Issuance. A certificate of occupancy either for the
whole or part of a new building or for alteration of an existing building
shall be applied for after the structure is built and shall be issued
within 10 days after the erection or alteration of such building or
part shall have been completed in conformity with the provisions of
this chapter.
C.
Prerequisite for occupancy or use. A certificate of
occupancy for the use or occupancy of vacant land, or for a change
in the use of land, or for a change in the use of an existing building,
shall be applied for and be issued within 10 days after the application
has been made and before any such land or building shall be occupied
or used, provided that such are in conformity with the provisions
of this chapter.
D.
Temporary residences after certain disasters. Notwithstanding
any other terms and provisions of this chapter, whenever damage is
caused to a completely constructed residence by fire, flood or other
water damage by storm or by wind, and such residence is wholly or
partially destroyed thereby, the owner of the residence, if he/she
resided in such residence at the time such damage occurred, may apply
to the Zoning Officer immediately, with subsequent confirmation by
the Zoning Board of Adjustment, for permission to use a trailer for
living quarters on the land where such damaged residence was constructed.
Thereafter, application shall be made within 30 days to the Zoning
Board of Adjustment for permission to temporarily use such trailer
for a period not to exceed six consecutive months while the residence
is being rebuilt or repaired, and, upon proper showing to the Zoning
Board of Adjustment of such facts, the Zoning Board of Adjustment
may permit the owner to use a trailer for living quarters on the land
for a period not to exceed six consecutive months or until the residence
is rebuilt or repaired, whichever shall first occur.
E.
Upon the request of a holder of a permit, the construction official
may issue a temporary certificate of occupancy for a building or structure
or part thereof before the entire work covered by the permit shall
have been completed, provided such portion or portions may be occupied
safely prior to full completion of the building or structure with
respect to public safety and welfare. Further, no temporary or final
certificate of occupancy shall be granted until all required utilities,
including but not limited to water, sewer, electric and gas, are installed
and in service.
[Added 5-9-2018 by Ord.
No. 6-2018]
F.
Temporary certificate of occupancy guarantee. In the event that a
developer shall seek a temporary certificate of occupancy for a development,
unit, lot, building, or phase of development, as a condition of the
issuance thereof, the developer shall furnish a separate guarantee,
referred to herein as a temporary certificate of occupancy guarantee,
in an amount equal to 120% of the cost of installation of only those
improvements or items which remain to be completed or installed under
the terms of the temporary certificate of occupancy and which are
required to be installed or completed as a condition precedent to
the issuance of the permanent certificate of occupancy for the development,
unit, lot, building or phase of development and which are not covered
by an existing performance guarantee. Upon posting of a temporary
certificate of occupancy guarantee, all sums remaining under a performance
guarantee, which relate to the development, unit, lot, building, or
phase of development for which the temporary certificate of occupancy
is sought, shall be released. The scope and amount of the temporary
certificate of occupancy guarantee shall be determined by the Township
Engineer. At no time may the Township hold more than one guarantee
or bond of this type. The temporary certificate of occupancy guarantee
shall be released by the Township Engineer upon the issuance of a
permanent certificate of occupancy with regard to the development,
unit, lot, building, or phase as to which the temporary certificate
of occupancy relates. The projected cost of the temporary certificate
of occupancy guarantee shall be provided by the applicant. It shall
include items such as, but not limited to, sidewalks, landscaping
and street trees at the subject property, roadways (including surface
course) from the property to the fully improved roadway; water and
sewer infrastructure from the property to the main, stormwater conveyance
to serve the property, stormwater management structures/basins for
the current project phase. When uncompleted community facilities,
such as recreation, are to be included in the temporary certificate
of occupancy guarantee, it shall be required to the point of 50% occupancy.
Each of these items shall apply for residential and nonresidential
projects requiring a temporary certificate of occupancy. The temporary
certificate of occupancy guarantee shall be released by the Zoning
Officer, Municipal Engineer, or other municipal official designated
upon the issuance of a permanent certificate of occupancy with regard
to the development, unit, lot, building, or phase as to which the
temporary certificate of occupancy relates.
[Added 5-9-2018 by Ord.
No. 6-2018]
[Amended 5-22-2019 by Ord. No. 16-2019]
No zoning permit required by this chapter shall
be issued by the Zoning Officer until he/she shall have made such
examination of the application and survey of the entire property and
such inspection of the property as is necessary to enable him/her
to determine whether the proposed structure or use of land will conform
to the provisions of this chapter. No partial surveys shall be accepted.
All surveys provided must be in the current property owners name.
All surveys provided shall be no older than 10 years from the date
of the zoning permit application, except that a survey which is older
than 10 years may be accepted provided that the applicant for the
zoning permit certifies that such survey accurately depicts the site
conditions existing on the property at the time of the zoning permit
application. No certificate of occupancy required by this article
shall be issued until the subcode officials and Zoning Officer have
made such inspection as is necessary to determine whether the erection
or alteration of the building or structure has been completed in conformity
with the provisions of this chapter or that the proposed use or occupancy
of land will conform to the provisions of this chapter. It shall be
the duty of the subcode officials and Zoning Officer, upon request
of the owner, to make inspection at any stage of the erection or alteration
of a building or structure for the purpose of determining whether
such erection or alteration is in conformity with the provisions of
the Uniform Construction Code and the provisions of this chapter,
but the failure of the subcode officials or the Zoning Officer to
make any such inspection shall not in any manner entitle such owner
to a certificate of occupancy if such erection or alteration when
completed does not conform to the provisions of the Uniform Construction
Code or the provisions of this chapter.
A.
The Township Council shall determine a schedule of fees, charges and expenses, as well as a collection procedure, for all permits and other matters pertaining to this chapter. Such schedule of fees shall be posted in the office of the Zoning Officer and construction official, and are set forth in Chapter 80, Fees, of this Code.
A.
Any person who shall violate the provisions of this chapter, upon conviction thereof in a summary proceeding, shall be subject to the penalty provisions of Chapter 1, General Provisions, Article I, of this Code. Whenever such person has been officially notified by the Zoning Officer, by service of a summons in a prosecution or in any other official manner that he/she is committing a violation, then each day after that a violation is continued shall constitute a separate offense and be punishable by like fine or penalty.
B.
For any and every violation of the provisions of this
chapter, the owner, contractor or other persons interested as lessee,
tenant or otherwise in any building or premises where any such violation
has been committed or shall exist, and who refuses to abate such violation
within five days after written notice has been served upon him/her,
either by mail or personal service, shall for each and every violation
be subject to punishment as a disorderly person. Each and every day
that such violation continues after such notice shall be considered
a separate and specific violation of this chapter.
