Township of Mannington, NJ Article XIV Administration and Enforcement

§ 70-68 Enforcement.

A. Appointment of Zoning Officer. 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. The Zoning Officer shall be appointed for the term of one year, beginning the first day of January and shall receive such compensation for his/her services as shall be fixed by ordinance of the Township Committee. The Zoning Officer may, in addition to his/her appointment under this chapter, act as a Construction Code Official. The Township Committee may also appoint a Deputy Zoning Officer for the term of one year beginning the first day of January, who shall receive such compensation for his/her services as shall be fixed by ordinance of the Township Committee and who, during the absence, disability or unavailability of the Zoning Officer, shall have all the powers of the Zoning Officer and shall perform the functions and duties of such office. Said Deputy Zoning Officer may also assist the Zoning Officer in performance of his or her duties, but only when directed to do so by the Mayor or Township Committee.

[Amended 7-2-2001 by Ord. No. 01-03]

B. Duties of Zoning Officer.

(1) The principal duty of the Zoning Officer shall be to enforce the provisions of this chapter. The Officer shall cause the examination or inspection of any plans, buildings, or premises to determine that they are not in violation of this chapter. The Officer shall have the right to enter any building or premises by appointment during normal daytime working hours in the course of his/her duties.

(2) If the Zoning Officer determines that any plans, buildings, or premises are in violation of the provisions of this chapter, the Officer shall issue an order in writing to the responsible party to remedy such conditions. Said written order shall specify the nature of the violation, the remedy ordered, and the time permitted for remedial action. The Zoning Officer shall order discontinuance of illegal uses of land, buildings or structures; removal of illegal buildings or structures, or additions, alterations or structural changes thereto; discontinuance of any work being done; and shall take any other action authorized by this chapter or the provisions of applicable New Jersey laws, to ensure compliance with or to prevent violation of zoning requirements. The Zoning Officer shall have recourse to any and all remedies, including injunction, restraining orders, and writs of mandamus.

(3) The Zoning Officer shall record and file all applications for zoning permits, together with the plans, documents, and other papers accompanying such applications. After the appropriate fees have been paid, and the Officer has determined that the application is in conformance with this chapter, the Zoning Officer shall issue the zoning permit. At the end of each month, the Zoning Officer shall submit a report to the Township Committee indicating all zoning permits applied for and those granted, all ordinance violations and remedial actions, and all certificates of occupancy granted.

(4) A record of current land use shall be maintained by the Zoning Officer. Any changes of land use shall be reviewed to ensure compliance with this chapter and shall be submitted in report form to the Planning/Zoning Board every six months.

C. Zoning permits. No building or other structure shall be erected, moved, added to, or structurally altered and no lot shall be cleared, graded, or otherwise prepared for an open land use without first obtaining a zoning permit therefor from the Zoning Officer. No zoning permit shall be issued except in conformance with provisions of this chapter or, where authorized, upon written order of the Planning/Zoning Board or Township Committee. The zoning permit shall be in addition to a conditional use permit, a construction permit, certificate of occupancy, or any other required permit. No zoning permit shall be issued for any building or building addition proposed to be located within 10 feet of any minimum setback or minimum front yard, side yard or rear yard required by this chapter until location of the batten boards establishing the location of such building or building addition has been certified by a New Jersey licensed surveyor.

[Amended 7-5-1990 by Ord. 90-07]

(1) Application. 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/her authorized agent. The application shall include a description of the use or intended use or uses of the building and/or land and shall be accompanied by two copies of a sketch drawn to scale showing any existing or proposed buildings or open land uses and their exact relation to all lot and street lines. The application shall include such other information as reasonably may be required by the Zoning Officer to determine conformance with and to provide enforcement of this chapter. The applicant shall further sign a declaration indicating that to the best of the applicant's knowledge, the provisions of Part 3, Zoning, of this chapter have been met.

(2) A zoning permit shall be granted or refused by the Zoning Officer within 10 days after a complete application and fees are submitted except when either conditional use review or site plan review is required. If further review is required, additional copies of a site plan shall be submitted to meet the application requirements for these reviews.

(3) Duration of permits. If after a zoning permit or conditional use permit has been authorized by the Zoning Officer or Planning/Zoning Board, the applicant has not qualified or met the conditions for 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 approving authority, for a period not to exceed six months, upon good cause having been shown by the applicant.

(4) Certificate of occupancy. 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 until a certificate of occupancy shall have been issued therefore by the Zoning Officer, stating that the proposed use of the building or land conforms to the requirements of this and other Township ordinances.

(a) Procedures.

[1] 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 applicant shall transmit, by registered mail, to the Zoning Officer a letter stating that such construction has been completed or that a new or changed use is being proposed. All applications for certificates of occupancy shall be accompanied by the required fee.

[2] Within seven days of the receipt of this letter, the Zoning Officer shall make all necessary inspections of the completed structure and/or proposed use to determine conformance with the terms of this chapter and issue either a certificate of occupancy or a letter of denial, stating the reasons therefor.

[3] The Zoning Officer shall, upon proper application accompanied by necessary proof or documentation, issue certificates of occupancy for uses existing at the effective date of this chapter in order to officially validate:

[a] Legal conforming uses;

[b] Legal nonconforming uses; and,

[c] Legal status of uses previously approved by Board action.

(b) A certificate of occupancy shall be issued only if the Zoning Officer finds the requirements of this chapter or applicable supplementary actions or requirements of the Board of Adjustment, Planning/Zoning Board or governing body have been complied with. Any certificate of occupancy 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.