A.
Appointment of a Zoning Officer.
[Amended 3-7-1991 by Ord. No. 372]
(1)
The Township Committee shall appoint a Zoning Officer to administer
and enforce the provisions of this chapter, except as otherwise provided
by law or by this chapter. He shall be appointed for the term of one
year, beginning the first day of January, and shall receive such compensation
for his services as shall be fixed by ordinance of the Township Committee
from time to time.
(2)
The Township Committee may designate and appoint a Deputy Zoning
Officer to assist the Zoning Officer in the performance of his duties.
Such Deputy Zoning Officer shall serve at the discretion of the Township
Committee and may be compensated for such services at such sums as
may be fixed and adopted by the Township Committee in the Salary Ordinance
from time to time and, in addition thereto, shall be reimbursed for
all reasonable expenses necessarily incurred in the performance of
the duties of his office. When acting on behalf of the Zoning Officer,
the Deputy Zoning Officer shall have all rights, duties and responsibilities
provided herein as the Zoning Officer has.
B.
Duties of Zoning Officer.
(1)
The Zoning Officer shall:
(a)
Issue permits for such construction and uses as are in accordance
with the terms and provisions of this chapter or any lawful order
of the Planning Board or Township Committee.
[Amended 12-30-2009 by Ord. No. 649]
(b)
Record and file all applications for zoning permits, together
with the plans, documents and other papers accompanying such applications.
(c)
Collect all fees that may be payable to the Township under the
provisions of this chapter, unless otherwise specifically provided.
(d)
Prepare a monthly report for the Township Committee, listing
all zoning permits applied for and those granted, all certificates
of occupancy approved and all ordinance violations and actions taken
by his office consequent thereto. A copy of each such report shall
be filed with the Township Tax Assessor at the same time.
(e)
Institute and conduct lawful proceedings to prevent threatened
violation of this chapter and, in order to correct conditions resulting
from the violations of the chapter, prosecute persons who shall have
violated or who shall be engaged in violating any of the terms or
provisions of this chapter; and the Zoning Officer shall have recourse
to any and all remedies, including injunction, restraining orders
and proceedings in lieu of prerogative writs.
(f)
Issue certificates of compliance as provided in § 405-111 of this chapter.
[Added 9-1-1988 by Ord. No. 316]
(g)
Not less than four times annually, make general inspection of
all areas of the Township to ascertain violations and compliance with
the provisions of this chapter and submit to the Planning Board a
written report detailing the finding of each inspection, including
violations found and cited, land use problems which appear to be occurring,
suggestions for changes in zoning and recommendations for revision
or update of the Township's Master Plan.
[Added 9-1-1988 by Ord. No. 316]
(2)
The Zoning Officer shall maintain a record of current land use
and report any changes of land use to the Planning Board every six
months. Said report shall include such information as required by
the Planning Board.
[Amended 12-30-2009 by Ord. No. 649; 3-18-2021 by Ord. No. 824]
A.
No person shall hereafter erect, locate or alter any building or
portion thereof or begin or change the use of any land without first
obtaining a zoning permit therefor from the Zoning Officer. No zoning
permit shall be issued except in conformance with the provisions of
this chapter or, where authorized, upon written order of the Planning
Board or Township Committee.
B.
Application for zoning permits. All requests for zoning permits shall
be made in writing to the Zoning Officer on forms supplied by the
Zoning Officer and shall be signed by the owner or his authorized
agent. The applicant shall include a description of the use or intended
use or uses of the building and/or land.
C.
Survey or plot plan.
(1)
Each application shall be accompanied by a survey or a legible
plot plan drawn to scale, including the following:
(a)
Existing and proposed buildings and structures with their dimensions,
site improvements and open land uses and their exact relation to all
lot and street lines.
(b)
Location of existing well and septic system.
(c)
Location and dimension of any easements.
(d)
Location of any waterways or wetlands.
(e)
Percentage of existing and proposed lot coverage.
(2)
For farm and "rural residence" applications wherein the farm
is an existing and continuing enterprise at the time of application,
the plot plan shall only be required to show to scale the size and
location of all new construction in relationship to existing structures,
and to indicate the distances from the nearest lot line(s) rather
than of the entire tract.
D.
Accompanying the application also must be a written statement giving
satisfactory evidence to the effect that the lines of the street boundaries
have been accurately located and staked on the ground and that the
said application is intended to comply with all the provisions of
this chapter, or a variance therefrom duly authorized by a municipal
agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
If, after a zoning permit or conditional use permit has been
authorized by the Zoning Officer or Planning Board, the applicant
has not obtained the permit within a period of six months from the
date of such authorization or as provided by N.J.S.A. 40:55D-1 et
seq., then such authorization shall be null and void, and no permit
shall be issued thereunder unless the applicant shall have, prior
to the expiration of the aforesaid six-month period, made written
application for an extension. Such extension shall be granted by the
appropriate approval authority, for a period not to exceed six months,
upon good cause having been shown by the applicant.
It shall be unlawful to use or occupy or to permit the use or
occupancy of any building or premises, or both, or part thereof, hereinafter
created, erected, changed, converted or wholly or partly altered or
enlarged in its use or structure, or to continue the use of a building,
structure or premises as a legal nonconforming use, until a certification
of compliance with this chapter is issued by the Zoning Officer, stating
that the proposed use of the building or land conforms to the requirements
of this chapter and the zoning permit issued.
A.
Following the completion of construction, reconstruction or alteration
of any building or structure or prior to any change in the use of
any building, structure or land, the Zoning Officer shall:
(1)
In the case of new construction or work subject to the Uniform
Construction Code,[1] be notified by the appropriate official responsible under
said code to issue a certificate of occupancy that such construction
is complete and a certificate has been requested within three days
of such request; or
(2)
Where no new construction is involved, be notified by the applicant
in person or by registered mail that a new or changed use is being
proposed. Within seven days of the receipt of such notice, the Zoning
Officer shall make all necessary inspections of the completed structure
and/or use to determine conformance with the terms of this chapter
and shall:
(a)
Notify, in writing, the applicant and the Township Construction
Official of his approval or disapproval of said issuance. In the case
of disapproval, reasons for said disapproval shall be set forth; or
(b)
Issue a certificate of compliance or a letter of denial, stating
reasons therefor, to the applicant.
B.
The Zoning Officer shall, upon proper application accompanied by
necessary proof or documentation, issue certificates of compliance
for uses existing at the effective date of this chapter in order to
officially validate:
C.
A certification of compliance shall be issued only if the Zoning
Officer finds that the requirements of this chapter or applicable
supplementary actions or requirements of the Board of Adjustment,
Planning Board or governing body have been met. Any certificate of
compliance shall be continued in force only so long as the use or
building for which it was issued continues to conform to the requirements
of this chapter. A record of all certificates shall be kept on file
in the office of the Zoning Officer, and copies of all certificates
issued shall be forwarded to the Township Tax Assessor.
[Amended 12-30-2009 by Ord. No. 649]
An appeal to the Planning Board may be taken by any interested party affected by any decision of the administrative officer of the municipality based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in Article XI, § 405-71A, of this chapter and in accordance with the provisions of N.J.S.A. 40:55D-69 to 40:55D-76.[1]
[1]
Editor's Note: Former § 98-106, Appeals from Board
of Adjustment to governing body, which immediately followed this section,
was deleted 4-1-2010 by Ord. No. 654.
[Amended 9-1-1988 by Ord. No. 316]
A.
Any person violating any of the provisions hereof shall, upon conviction,
be subject to a penalty in accordance with N.J.S.A. 40:49-5 and 40:55D-55.
Each and every day that any violation continues shall be considered
a separate offense, punishable by a like fine or penalty.[1]
B.
If before final subdivision approval has been obtained any person
transfers or sells or agrees to transfer or sell, as owner or agent,
any land which forms part of a subdivision on which the Board is required
to act in accordance with the provisions of this chapter, except pursuant
to an agreement expressly conditioned on final subdivision approval,
such person shall be subject to a fine not to exceed $1,000, and each
parcel, plot or lot so disposed of shall be deemed a separate violation
in accordance with the provisions of N.J.S.A. 40:55D-55.
[Added 9-20-2007 by Ord. No. 599]
C.
Civil remedies. In addition to the foregoing, the Township may institute
and maintain a civil action:
[Added 9-20-2007 by Ord. No. 599]
