The provision of this chapter shall be administered
and enforced by the Administrative Officer of the Township of Chesterfield.
In no case shall a permit be granted for the construction or alteration
of any building, structure or sign where the proposed construction,
alteration or use thereof would be in violation of any provision of
this chapter. It shall be the duty of the Administrative Officer or
his duly-authorized assistants to cause any building, structure or
sign, plans or premises to be inspected or examined and to order in
writing the remedying of any conditions found to exist in violation
of any provision of this chapter. The Administrative Officer or his
or her duly authorized assistants shall have the right to enter any
building or premises during the daytime in the course of this duty.
Further, it shall be the duty of the Chief of Police and the Fire
Official or such members of the respective departments as may be designed
by them and the Health Officer in the enforcement of this chapter,
also to report to said Administrative Officer any violations which
may come to their attention.
A.
In addition to the foregoing, for any property located in the Agricultural Zone, which is subject to deed-restrictions under the Township's Transfer of Development Rights Program or other Farmland Preservation Programs, no licenses, permits, or other approvals shall be granted for any accessory use, whether or not same appears to be permitted under § 130-13, or for any conditional uses under § 130-14, without the prior review of same by the Township Committee and its determination that said use is consistent with the deed-restrictions for said property.
[Added 12-8-2016 by Ord.
No. 2016-16]
A.
Building and use permits. Subject to the provisions of § 130-135A above, all buildings and use permits shall be issued in accordance with the provisions of the Uniform Construction Code, N.J.A.C. 5:23-1-1 et seq.
[Amended 12-8-2016 by Ord. No. 2016-16]
B.
Conditional use permits. Application for any conditional
use permit as permitted under the provisions of this chapter shall
be made to the Approving Authority through the Administrative Officer.
The Administrative Officer shall forward the plans submitted in connection
with the application to the Approving Authority for the scheduling
of a hearing on the matter. The Administrative Officer shall forward
the plans submitted in connection with the application to the Approving
Authority for their report thereon as to the application effect on
the comprehensive planning of the Township. The Approving Authority
may hold public hearings on the application prior to receipt of the
report and recommendation referred to above, but may not finally act
until the recommendation and report are received. Subject to the above,
the Approving Authority shall hear the application in the same manner
and under the same procedure as it is empowered by law and ordinance
to hear such cases and make exceptions to the provisions of the Zoning
Ordinance. The Approving Authority may thereafter direct the Administrative
Officer to issue such permit, if, in its judgment, any one of such
cases will not be detrimental to the health, safety and general welfare
of the Township and is deemed necessary for its convenience. In approving
any such application, the Approving Authority may impose any conditions
that it deems necessary to accomplish the reasonable application of
applicable standards as provided in applicable sections and may deny
any such application, but only in accordance with said standards.
C.
Temporary use permits. It is recognized that it may
be in accordance with the purpose of the ordinance to permit temporary
activities for a limited period of time which activities may be prohibited
by other provisions of this chapter. If such uses are of such a nature
and are so located that at the time of petition they will:
(1)
In no way exert a detrimental effect upon the
uses of land and activities normally permitted in the zone.
(2)
Contribute materially to the welfare of the
Township, particularly in a state of emergency, under conditions peculiar
to the time and place involved; then the Approving Authority may,
subject to all requirements for the issuance of special permits elsewhere
specified, direct the Construction Code Official to issue a permit
for a period not to exceed six months. Such period may be extended
not more than once for an additional period of six months.
D.
Zoning. Subject to the provisions of § 130-135A above, zoning permits shall be issued in accordance with the procedures set forth by the Township Committee.
[Amended 7-12-2007 by Ord. No. 2007-16; 12-8-2016 by Ord. No. 2016-16]
(1)
New uses. No building shall be occupied or used
until such time as a zoning permit is issued by the Zoning Officer,
after determination that the building, structure or use is in conformance
with the provisions of the ordinance.
(2)
Existing uses. 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 effective, certifying the extent and kind
of use and any other such existing use which conforms with the provisions
of this chapter.
(3)
Change of use. No owner, tenant or other person
shall use or occupy any building or structure thereafter the use of
which shall be changed after the passage of this chapter, without
first procuring a zoning permit, provided that an occupancy permit
once granted shall continue in effect so long as there is no change
in use, regardless of change in tenancy or occupancy.
(4)
Grading plans. No zoning permit shall be issued
for any building, structure or other improvement for which a zoning
permit is required, on a parcel of land less than one acre, without
the applicant having first submitted a grading plan indicating the
existing grading of the lot, and the proposed/resultant grading of
the lot following the construction and/or installation of the building,
structure, or other improvement.
[Added 7-12-2007 by Ord. No. 2007-16]
E.
Certificates showing approval.
(1)
The prospective purchaser, prospective mortgagee
or any other person interested in any land which forms part of a subdivision,
or which formed part of such a subdivision three years preceding adoption
of this chapter, may apply, in writing, to the Administrative Officer
for the issuance of a certificate certifying whether or not such subdivision
shall contain a diagram showing the location and dimension of the
land to be covered by the certificate and the name of the owner thereof.
(2)
The Township Administrative Officer shall make
and issue such certificate within 15 days after the receipt of such
written application and the fee therefor. Said officer shall keep
a duplicate copy of each certificate, consecutively numbered, including
a statement of the fee charged, in a binder as a permanent record
of his or her office.
(3)
Each such certificate shall be designated a
"certificate as to approval of subdivision of land" and shall certify:
(a)
That there exists in the Township a duly established
Planning Board and that there is an ordinance controlling subdivision
of land adopted under the authority of the Municipal Land Use Law
of 1975, c. 291.
(b)
Whether the subdivision, as it relates to the
land shown in said application, has been approved by the Planning
Board and if so, the date of such approval and any extensions and
terms thereof, showing that subdivision of which the lands are a part
is a validly existing subdivision.
(c)
Whether such subdivision, if the same has not
been approved, is statutorily exempt from the requirement of approval
as provided within the Municipal Land Use Law.
(4)
The Township Administrative Officer shall be
entitled to demand and receive for such certificate issued by him
a reasonable fee not in excess of $25. The fees so collected by the
Township Administrative Officer shall be paid by him or her to the
Township of Chesterfield.
Any variance from the terms of the Zoning Ordinance
hereinafter granted by the Planning Board, pursuant to the authority
contained under N.J.S.A. 40:55D-1 et seq., permitting the erection
or alteration of any structure or structures or permitting the specified
use of any premises shall expire by limitation unless said construction
or alteration shall have actually been commenced on each and every
structure permitted by said variance or unless such permitted use
shall have actually been commenced within one year from the date of
the determination of the Planning Board, except, however, that the
running of the period of limitation herein provided shall be tolled
from the date of filing an appeal from the decision of the Planning
Board to the governing body or to a court of competent jurisdiction
until the determination of any matters of such appeal or proceeding.
A.
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or any other party to protect the public
health and welfare or by a directive or order issued by any state
agency, political subdivision or court of competent jurisdiction to
protect the public health and welfare, the Approving Authority shall
process such application for development in accordance with this chapter,
and, if such application authority shall approve such application
conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the Approving Authority, the Approving Authority shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the Approving Authority shall
make a decision on any application for development within the time
period provided in this chapter or within an extension of such period
as has been agreed to by the applicant unless the Approving Authority
is prevented or relieved from so acting by law.
A.
Continuance. Except as otherwise provided in this
article, the lawful use of land or buildings existing at the date
of the adoption of this chapter may be continued, although such use
or building does not conform to the regulations specified by this
chapter for the zone in which said land or buildings are located;
provided, however, that:
B.
Abandonment. A nonconforming use shall be adjudged
as abandoned when the tenant or owner displays intent of cessation
through inactivity or the display of an unspecified for sale or for
rent sign or a combination of any of these for a period of more than
a year.
C.
Restoration. If any nonconforming building, structure
or sign shall be destroyed by reason of windstorm, fire, explosion
or other act of God or the public enemy to an extent of less than
75% of true value as determined by an appraiser appointed for that
purpose, then such destruction shall be deemed partial destruction
and may be rebuilt, restored or repaired. Nothing in this chapter
shall prevent the strengthening or restoring to a safe condition any
wall, floor or roof which has been declared unsafe by the Construction
Code Official.
D.
Reversion. No nonconforming use shall, if once changed
into a conforming use, be changed back again into a nonconforming
use.
E.
Alterations. A nonconforming building, structure or
sign may be reconstructed but not enlarged or extended, unless said
building is changed to a building conforming or more nearly conforming
to the requirements of this chapter.
F.
Construction approved prior to ordinance. Nothing
herein contained shall require any change in plans, construction or
designated use of a building, structure or sign which a building permit
has been heretofore issued and the construction of which shall have
been diligently prosecuted within three months of the date of such
permit and the ground-story framework, which includes the second tier
of beams, shall have been completed within six months of the date
of the permit and which entire building shall be completed according
to such plans as filed within one year from the date of this chapter.
G.
Zone changes. Whenever the boundaries of a zone shall
be so changed as to transfer an area from one zone to another of a
different classification, the foregoing provisions shall also apply
to any nonconforming uses existing therein or created thereby.
H.
Provisions. None of the above provisions pertaining
to nonconforming uses shall apply to single-family dwellings which
are used as such.
Appeals to the Planning Board may be taken by
any person aggrieved by a decision of any officer, department, board
or bureau of the Township in the enforcement of this chapter.
A.
Manner of appeal. An appeal shall be taken within
20 days of the action by filing with the Agency and with the Planning
Board a notice of appeal, specifying the grounds thereof. The entity
from whom the appeal is taken shall forthwith transmit to the Planning
Board all the papers constituting the record upon which the action
appealed was taken.
B.
Appeal stays proceedings. An appeal stays all proceedings
in furtherance of the action appealed from, unless the person or entity
from whom the appeal is taken certifies to the Board of Adjustment
after the notices of appeal shall have been filed that, by reason
of facts stated in the certificate, a stay would cause imminent peril
to life or property. In such cases, proceedings shall not be stayed
otherwise than by a restraining order on application with notice to
the person or entity from whom the appeal is taken and on due cause
shown.
C.
Procedure. The Board of Adjustment shall act in strict
accordance with the procedure specified in N.J.S.A. 40:55D-1 et seq.
and this chapter. All appeals and applications to the Board shall
be in writing. Every appeal or application shall refer to the specific
provision of the ordinance involved and shall exactly set forth the
interpretation that is claimed or the details of the variance that
is applied for and the grounds on which it is claimed that the variance
should be granted. Every decision of the Planning Board shall be made
by resolution, each of which shall contain full record of the findings
of the Board in the particular case. Each such resolution shall be
filed in the office of the Township Clerk by case number under the
heading of interpretation, special exception or variance, together
with all documents pertaining thereto. The Planning Board shall notify
the governing body, the Planning Board and the person or entity from
whom the appeal is taken of the disposition of each case brought before
it.
D.
Public hearings. The Board shall fix a reasonable
time for the hearings of appeals given due notice of the time set
for the hearing to the applicant. Such notice shall be served upon
the applicant. The appellant shall, at least 10 days prior to the
date appointed for said hearing and pursuant to N.J.S.A. 40:55D-1
et seq. and give notice by certified mail or by service in person
with adequate proof of contact thereof to be effected by said appeal
as provided in the statutes of the State of New Jersey or to all property
owners of contiguous lands or properties adjoining said property to
be affected and other interested property owners as may be designated
by the Planning Board. The applicant must furnish proof of service
in writing and property notarized.
A.
Generally. The Township Administrative Officer shall
enforce this chapter. In case any building or structure is erected,
constructed, altered, repaired, converted or maintained or any building,
structure or land is used in violation of this chapter, the Administrative
Officer and its agent or an interested party, in addition to other
remedies, may institute any appropriate 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 in
or about such premises.
B.
Selling before approval.
(1)
If before final subdivision approval has been
granted, any person transfers or sells or agrees to transfer or sell,
except pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which approval is required by this chapter, such person shall
be subject to a penalty not to exceed $1,000 and each lot disposition
so made may be deemed a separate violation.
C.
Penalties. This chapter shall be enforced by the Administrative
Officer as provided by law. The owner or agent of a building or premises
where a violation of any provision of said regulations shall have
been committed or shall exist or the lessee or tenant of any part
of the building or premises in which such violation shall have been
coming or premises in which such violation shall have been committed
or shall exist or the agent, architect, building contractor or any
other workman or person who shall commit, take part or assist in any
such violation or who shall maintain any building or premises in which
any violation of this chapter shall exist may, upon conviction thereof,
for each and every violation be imprisoned in the Burlington County
Jail or Workhouse for a period not exceeding 90 days or be fined not
exceeding $1,000, or both. Each day that a violation is permitted
to exist shall constitute a separate offense.
D.
Aiding and abetting violations. Not only shall the
owner or owners of the land in question be guilty of a violation of
this chapter if they suffer or permit any of the acts herein prohibited
to be done to or upon their lands, but also any officers, agents,
employees or independent contractors of any land owners who directly
or indirectly aid or abet such acts or who authorize or direct or
supervise such acts or bring in or upon said land or use or operate
any truck, bulldozer, shovel or other equipment in performing any
of the acts prohibited hereunder shall also be guilty of a violation
of this chapter and, upon conviction, shall be subject to the penalties
provided herein.
E.
Records. It shall be the duty of the Administrative
Officer to keep a record of all applications for zoning permits, together
with a notation of all special conditions involved. He shall file
and safely keep copies of all plans submitted and the same shall form
a part of the records of his office and shall be available for use
of the Township Committee and of other officials of the Township of
Chesterfield, County of Burlington or State of New Jersey.
F.
Reports. The Administrative Officer shall prepare
a monthly report for the Township Committee summarizing for the period
since his last previous report all zoning permits issued by him and
all complaints of violations and the action taken by him consequent
thereon. A copy of each such report shall be filed with the Township
Tax Assessor at the same time it is filed with the Township Committee.
