All provisions of this chapter shall be enforced
by the Zoning Officer of Hamilton Township. In no case shall a zoning
permit be issued for construction or alteration of use or any building
permit issued where such construction or alteration would be in violation
of any provision of this chapter. In no case shall a building permit
or certificate of occupancy be issued without a zoning permit or a
certificate of compliance. The Zoning Officer shall be authorized
to grant zoning certificates of compliance where provisions of this
chapter have been complied with, to make inspections and to examine
plans and specifications. The Zoning Officer shall keep careful and
comprehensive records of all applications, certificates issued, inspections
made and notices issued.
[Amended 7-7-1997 by Ord. No. 1261-97]
Any person who shall do an act or omit to do
an act or shall permit other to do an act on their property which
is in violation of this chapter shall be in violation of the law,
and, upon conviction thereof, shall be given five days from the date
of notification of said violation to correct any such violations.
Failure to correct any such violations shall be subject to a penalty
or fine not to exceed $500 and up to 30 days in jail, at the discretion
of the Municipal Judge. Each and every day that a violation shall
be found to exist shall constitute a separate violation of this chapter.
A.
No zoning permits shall be issued for any dwelling,
buildings or structures within a subdivision until final approval
has been granted. Upon application to the Planning Board, up to three
building permits may be issued for model homes in a major subdivision
prior to final approval.
B.
No zoning permits shall be issued for alteration or
construction of a building or structure, sign construction or change
in use until final site plan approval has been granted as required
in this chapter.
C.
Any current commercial or business use shall obtain
a continued zoning permit and certificate of compliance prior to any
change of occupancy or use.
D.
Issuance of permits. Zoning permits shall be granted
or refused within 10 days after the written application has been filed
with the Zoning/Code Enforcement Officer. Upon completion of the erection
or alteration of any building thereof authorized by any permit and
prior to occupancy or use, the holder of such permit shall notify
the Zoning/Code Enforcement Officer of such completion. Permit holders
completing new construction shall submit an as-built survey of the
property or other evidence acceptable to the Zoning/Code Enforcement
Officer verifying compliance with the standards of the Developmental
Ordinance. No permit shall be considered complete or permanently effective
until the zoning administrative 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 and has issued a zoning
certificate of compliance. Fees for permits shall be paid in accordance
with a fee schedule to be adopted by the Township Committee, and all
such fees shall be paid into the township treasury.
E.
Expiration and limitations of permits and certificates.
Zoning permits shall be issued separately for each lot and shall lapse
one year after issued. The Zoning Officer may grant up to two six-month
extensions at his discretion. Certificates of compliance shall be
granted or denied within 10 days of application if all requirements
are complied with in the case of new construction; within 30 days
following Zoning Board approval in the case of alterations and conversions;
and within 20 days following Zoning Board approval in the case of
nonconforming uses and variances. Such certificates shall lapse 90
days after issued. Minor subdivision approval shall expire 190 days
from the date of municipal approval, unless, within such time, a plat
in conformity with such approval and meeting the provisions of the
Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), on
a deed clearly describing the approved minor subdivision and signed
by the Planning Board Chairman and Secretary, is filed by the developer
within the county recording officer. An extension not to exceed 190
days may be granted by the Planning Board.
Wherever review or approval of an application
by the County Planning Board is required by Section 5 of P.L. 1968,
c. 265 (N.J.S.A. 40:27.3), for submissions or Section 7 of P.L. 1968,
c. 285 (N.J.S.A. 40:27.6.b), for site plans, the Municipal Boards
(Planning and Zoning) shall condition all approvals upon timely receipt
of a favorable report on the application by the County Planning Board.
A.
Wherever review or approval of an application by the New Jersey Pinelands Commission is required pursuant to existing New Jersey Pinelands legislation, it shall be the responsibility of the applicant to file Pinelands applications and notify the Pinelands Commission of any public hearing or approvals as required by § 203-9 of Article I.
B.
No application for development in areas requiring
Pinelands review or approval shall be deemed complete by the township
unless it is accompanied by a Pinelands certificate of filing or notice
of filing.
C.
Township approvals of applications for development
in Pinelands areas shall be conditioned upon receipt of approval by
the Pinelands Commission.
A.
Wherever review or approval of an application for
development is required by the Bureau of Coastal Project Review, pursuant
to existing law and regulations, all local approval shall be conditioned
upon issuance of a construction permit by the Bureau of Coastal Project
Review.
B.
Those areas of Hamilton Township identified on the
Zoning Maps[1] as being of both CAFRA and Pinelands Areas shall only
be responsible for applying for CAFRA approval, when required.
[1]
Editor's Note: The Zoning Maps are on file
in the office of the Township Clerk, where they may be examined during
regular business hours.
