[Amended 10-15-1984 by Ord. No. 25-84; 4-16-2007 by Ord. No.
9-07; 8-18-2008 by Ord. No. 13-08]
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
A.
The Zoning Officer is hereby given the duty, power
and authority to enforce the provisions of this chapter. He/she shall
be responsible for the examination of all applications for permits
and the issuance of zoning permits for the commencement of a use,
and the construction, reconstruction, alteration, conversion, installation
of or addition to any structure or building, including accessory structures,
pillars, gates and signs, which are in accordance with the requirements
of this chapter and all nonconforming uses existing at the time of
passage of this chapter.
B.
The Construction Officer shall be responsible for
recording and filing all applications for permits with accompanying
plans and documents, and the Zoning Officerl and the Construction
Official shall make such reports to the Board of Adjustment, the Planning
Board, and the governing body as may be required.
A.
Purpose. To ensure compliance with the provisions
of this chapter, no person shall commence or change a use or construct,
reconstruct, alter or convert any structure or building or part thereof,
including pillars, gates and signs, or alter the use of any land,
and the Construction Official shall not issue a construction permit
nor issue a certificate of occupancy for any such use, change in use
or construction, until a proper permit has been issued by the Zoning
Officer.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
B.
Application for permits. All such applications shall
be made in writing on forms provided by the Township of Washington.
C.
Issuance of permits. It shall be the duty of the Zoning
Officer to issue a zoning permit, provided that he/she is satisfied
that the structure, building, sign, pillar, gate, proposed use and
other requirements are in compliance with this chapter and that all
other reviews and actions, if any, called for in this chapter have
been complied with and all necessary approvals secured therefor.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
D.
For new uses.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
(1)
A zoning permit shall be issued upon application
by the owner, prospective occupant or purchaser only after the Zoning
Officer determines that the facts represented on the application are
correct and that the building, structure or use is in conformance
with all of the provisions of this chapter.
(2)
Said permit shall be issued by the Zoning Officer
to the owner or his agent within 10 days after written application,
if all conditions under this section are complied with.
E.
For existing uses.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
(1)
Upon written request from the owner, tenant,
occupant or purchaser under contract, the Zoning Officer, after inspection,
shall issue a zoning permit for a use legally existing at the time
this chapter is made effective, certifying the extent and kind of
use and whether any such existing use conforms with the provisions
of this chapter.
(2)
No change or extension of use and no alterations
shall be made in a nonconforming use or premises without a zoning
permit having first been issued by the Zoning Officer stating that
such change, extension or alteration is in conformity with the provisions
of this chapter or that the same has been permitted by action of the
Board of Adjustment.
F.
Change of use. No owner, tenant or other person shall
use or occupy any building or structure, the use of which shall be
changed after the passage of this chapter, without first procuring
a zoning permit, provided that a zoning permit, once granted, shall
continue in effect so long as there is no change of use or change
of occupancy in a nonconforming use.
G.
Zoning permit records. A record of all zoning permits
shall be kept on file in the office of the Construction Official and/or
the Zoning Officer as applicable.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
H.
Denial of permits. When the Zoning Officer is not
satisfied that the applicant's proposed development will meet the
requirements of this chapter, he/she shall refuse to issue a zoning
permit and shall so notify the applicant, in writing, giving the reasons
for denial.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
I.
Revocation of permits. If it shall appear at any time
to the Zoning Officer that the application or accompanying plan is
in any respect false or misleading or that work is being done upon
the premises differing from that called for in the application filed
with him/her under existing laws or ordinances, he/she may forthwith
revoke the zoning permit, whereupon it shall be the duty of the person
holding the same to surrender it and all copies thereof to said Zoning
Officer. After the zoning permit has been revoked, the Zoning Officer
may, in his/her discretion, before issuing the new zoning permit,
require the applicant to file an indemnity bond in favor of the Township
of Washington with sufficient surety conditioned for compliance with
this chapter and all laws and ordinances then in force and in a sum
sufficient to cover the cost of removing the building or structure
if it does not comply.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
A.
Complaints of violations. Any person may file a complaint
if there is any reason to believe a violation of this chapter exists.
All such complaints must be in writing and shall be filed with the
Zoning Officer, who shall properly record such complaint and investigate.
Any complaint not submitted in writing or submitted anonymously will
be investigated in the discretion of the Zoning Officer.
B.
Procedure for abatement of violations.
(1)
In case any building or structure, including
pillars, gates, signs and accessory structures, is constructed, reconstructed,
altered, converted or maintained, or any building, structure or land
is used, in violation of this chapter or of any ordinance or regulation
made under authority conferred hereby, the governing body or, with
its approval, the Zoning Officer or other proper official, in addition
to other remedies, may institute any appropriate legal action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure
or land or to prevent any illegal act, conduct, business or use about
such premises. Nothing herein shall require the Zoning Officer to
obtain prior consent of the governing body to issue a summons for
a violation of the terms of this chapter.
(2)
A violation of any of the terms of this chapter
shall be abated within a reasonable time, as may be determined by
the Zoning Officer, after written notice has been served either by
mail or personal service.
Any person, firm or corporation violating any provision of this chapter shall be subject, upon conviction, to the penalties provided in § 1-3 of this Code. Each day that a violation occurs or is committed shall constitute a separate offense.
Fees are required for each zoning permit application,
review, inspection and administration and shall be paid in cash, certified
check or money order made payable to the Township of Washington as
follows:
A.
Zoning Officer fees.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
(1)
Zoning Officer fees as set forth below shall
be paid at the office of the Zoning Officer upon filing of an application
for a zoning permit in accordance with the provisions of this chapter.
(a)
Commencement of a use, new home construction,
additions to residential structures, and accessory structures: $50.
(b)
Driveway entrance pillars and gates: $15.
(c)
Interior conversions, including but not limited
to, basement finishing, in-law suites etc.: $15.
(d)
A new or a change of an existing sign: $25.
(e)
Review of a nonresidential construction application or an affidavit in support of request for waiver of site plan pursuant to § 159-5: $50.
(f)
A home occupation: $25.
The Planning Board, when reviewing applications
for approval of subdivision plats, site plans or conditional uses,
shall have the power to grant, to the same extent and subject to the
same restrictions as the Board of Adjustment:
A.
Variances, pursuant to § 217-110B(1)(c), from lot area, lot dimensions, setback and yard requirements, provided that relief pursuant to this section from lot area requirements shall not be granted for more than one lot.
C.
Direction, pursuant to § 217-111B, for issuance of a permit for a building or structure not related to a street. Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.