[Amended 2-1-2005 by Ord. No. 05-2]
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 Harmony Township Committee and shall receive such compensation as the governing body shall determine.
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 Harmony and any plans for structures and uses to determine their compliance with the provisions of this chapter.
Violations found. Where the Zoning Officer or his assistants determine 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.
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 Harmony Township Municipal Court for the penalties set forth in § 165-53 of this chapter or an action in the Superior Court of New Jersey to enjoin and compel abatement of violations.
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. The applicant for a zoning permit shall tender a one-time nonrefundable application fee in the amount of $20, paid at the time the application for the permit is submitted.
[Amended 7-6-2004 by Ord. No. 04-8]
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.
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 thereon. A copy of this monthly report shall also be transmitted by the Zoning Officer to the Tax Assessor, Planning Board and Board of Adjustment at the same time it is transmitted to the governing body.
Applicants for detached single-family dwellings. 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 application 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 sealed survey plan of the lot, derived from the Official Tax Maps or other source of similar or greater accuracy, showing the following:
Applications for a permitted use for all uses except detached one-family dwellings. All such applications shall be made to the Harmony Township Planning Board or Board of Adjustment, as the case may be, in accordance with the requirements for site plan review.
Applications for variances and conditional uses. All such applications shall be made directly to the appropriate board in accordance with the rules and procedures as provided in Chapter 110, Land Use Procedures.
Applications for appeal. All such applications shall be made directly to the Board of Adjustment in accordance with the provisions of Chapter 110, Land Use Procedures.
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 a certificate of use and occupancy 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.
Certificates of use and occupancy or of continued occupancy 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.
The Construction Official shall require from the Board of Adjustment a written order before issuing a building permit and a certificate of use and occupancy in a case involving a conditional use or a variance from the provisions of this chapter and from the Planning Board, where site plan review is required, a written order before issuing a certificate of use and occupancy.
A certificate of use and occupancy 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 Board of Adjustment or by the Township Committee. Such certificate of use and occupancy, when issued by the Construction Official, shall include a detailed description of such variance.
Upon request from the owner of an existing building or structure, the Construction Official shall issue a certificate of continued occupancy, provided that there are not violations of law or orders of the Construction Official pending, and it is established after inspection and investigation that the alleged use of the building or structure has heretofore existed. The certificate of continued occupancy shall evidence only that a general inspection of the visible parts of the building has been made and that there are no apparent violations of the regulations. Nothing in this section shall prevent the continued use and occupancy of any such lawfully existing building or structure.
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.
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.
[Amended 3-1-1988 by Ord. No. O:88-2; 12-1-1992 by Ord. No. O:92-12]
No petition, application or other document submitted by an applicant pursuant to the terms of this chapter shall be considered by the Board of Adjustment or the Planning Board, as the case may be, until the applicant shall have paid to the Township of Harmony, in cash, whichever of the following fees are appropriate:
Upon filing an application seeking relief under the authority of N.J.S.A. 40:55D-70a, there shall be required an application fee of $200 and a review deposit escrow fee of $500.
Upon filing an application seeking relief under the authority of N.J.S.A. 40:55D-70b, there shall be required an application fee of $200 and a review deposit escrow fee of $500.
Upon filing an application seeking relief under the authority of N.J.S.A. 40:55D-70c, including an application for relief from the strict enforcement of the off-street parking provisions set forth in § 165-30 of this chapter, the following fees shall apply:
For an improved residentially zoned lot, an application fee of $200 per lot and a review deposit escrow fee of $500.
For an unimproved residentially zoned lot, an application fee of $200 and a review deposit escrow fee of $1,000.
For a commercially zoned lot, whether improved or unimproved, an application fee of $300 per lot and a review deposit escrow fee of $1,000.
For an industrially zoned lot, whether improved or unimproved, an application fee of $500 per lot and a review deposit escrow fee of $1,500.
Upon filing an application directing the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-35 or pursuant to N.J.S.A. 40:55D-36, where there is no existing building or structure, there shall be required an application fee of $200 and a review deposit escrow fee of $1,000; upon filing an application directing the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-35 or pursuant to N.J.S.A. 40:55D-36, where there is an existing building or structure, an application fee of $200 and a review deposit escrow fee of $500.
Upon filing an application seeking relief under the authority of N.J.S.A. 40:55D-70d for a residential structure and/or residential use, there shall be required an application fee of $200 per lot and a review deposit escrow fee of $1,000; upon filing an application seeking relief under the authority of N.J.S.A. 40:55D-70d for a nonresidential structure and/or use, there shall be required an application fee of $500 per lot and a review escrow deposit fee of $1,500.
The Township Clerk shall place the review deposit escrow fee required by the foregoing provisions in a special account and shall charge all such costs against the same. The Township shall make all the payments to professionals for services rendered to the Township for review of applications for development, review and preparation of documents and other services rendered in administrative review response to the development application submitted. All payments charged to the deposit shall be pursuant to vouchers from the professionals, stating the hours spent, the hourly rate and the expenses incurred. The Township shall, within 45 days following receipt of a written request from the developer, render a written final accounting to the developer on the uses to which the deposit was put. Thereafter, the Township shall, upon written request, provide copies of the vouchers to the developer. At the completion of administration of the development application, including the determination by the Board and its professionals that the conditions, if any, attending the approval of the application have been satisfied, any remaining balance of the review escrow deposit shall be returned to the applicant upon written request. If the cost of the review services exceeds or is anticipated to exceed the amount of the review escrow deposit, sufficient additional funds shall be deposited before final action is taken on the application. A fee shall be separately paid as required by the ordinances of the Township of Harmony in an application involving a subdivision or site plan review.
Where an application to the Board of Adjustment or the Planning Board seeks alternative or multiple relief, the applicant shall effect payment of the aggregate sum chargeable under each of the subsections hereinbefore mentioned for which relief is sought.
Effective date. This section shall become effective upon final passage and publication as required by law.
For each and every violation of any provision of this chapter, the owner, contractor or other person 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 upon conviction thereof, be subject to a fine of not less than $25 nor more than $1,000, a term of imprisonment not to exceed 90 days or a term of community service not to exceed 90 days, or any combination of the foregoing. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.
[Amended 8-7-1990 by Ord. No. O:90-15]
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 Harmony 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.
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 Harmony or by the Zoning Officer or by the owner of any property in the Township of Harmony by appropriate action or by proceeding in equity or otherwise to prevent and enjoin any threatened violation of this chapter.