The duty of enforcing and administering the
provisions of this chapter is hereby conferred upon the Zoning Officer.
He shall have such powers as conferred upon him by this chapter and
those powers which may be reasonably implied. The Zoning Officer shall
be appointed by the Borough Commission and shall receive such compensation
as the Commission shall from time to time determine. The Zoning Officer
may, in addition to his appointment under this chapter, act as the
Borough Construction Code Official.
[Amended 9-18-2002 by Ord. No. 2002-15]
The duty of the Zoning Officer and the Deputy
Zoning Officer, which office is created hereby, is to cause any plans,
buildings or premises to be examined or inspected to determine that
they are not in violation of the provisions of this chapter. He shall
have the right to enter any building or premises by appointment during
normal daytime working hours in the course of his duties. The Zoning
Officer shall have all other powers and duties provided by law and
regulation.
A. Zoning application. Within 10 business days after
receipt of a complete zoning application, the Zoning Officer shall
either approve or deny, in writing, the issuance of a zoning permit.
A complete zoning application shall include a survey prepared by a
NJ licensed professional surveyor reflecting all existing improvements,
and building dimensions and setbacks to insure compliance with this
chapter.
B. Violations. When the Zoning Officer determines that
any plans, buildings, or premises are in violation of the provisions
of this chapter or not in compliance with approved plans and/or a
zoning permit, the Zoning Officer shall order discontinuance of illegal
uses of lands, buildings, or structures; removal of illegal buildings
or structures or of additions, alterations or structural changes thereto;
discontinuance of any illegal work being done; and shall take any
other action authorized by this chapter or the provisions of applicable
New Jersey laws to ensure compliance.
C. Violation notices. In the event the Zoning Officer
discovers a violation, he shall, within three business days, issue
a violation notice by certified mail to the name and address shown
on the tax records, and the name and address of the building permittee,
if any. The notice shall provide that the violation must be abated
within seven business days, and if buildings are under construction,
all construction must immediately stop. If revised plans or other
documentation are submitted within the seven-day period, the Zoning
Officer must review the submissions within 10 business days and, after
his review, notify the property owner and the building permittee,
if any, within three business days thereafter whether or not the submission
abates the violation. If any violation is not timely abated pursuant
to any of the foregoing requirements and time periods, the Zoning
Officer shall forthwith file the appropriate complaint with the Municipal
Court for the violation or violations.
D. Zoning complaints. The Zoning Officer, within three
business days following the receipt of a written or verbal complaint
that a property is in violation of this chapter, shall inspect the
property and issue a written report to the Director of the Department.
The report shall state whether or not the property conforms to the
requirements of this chapter. If it does not, then the report shall
state that a violation notice was duly issued to the property owner
and the building permittee, if any, in the same manner and with the
same time periods as other violation notices under this chapter.
E. Zoning interpretations. In applications requiring
a zoning interpretation, the Zoning Officer shall deny the application
and refer the applicant to the Planning Board unless revised plans
are submitted reflecting clear compliance with the intent and purpose
of this chapter. If no acceptable revised plans are submitted, the
applicant shall submit a complete application to the Planning Board
for an interpretation.
F. Surveys required. Building permittees shall submit to the Zoning Officer surveys prepared by a NJ licensed professional surveyor within five business days following completion of each of the following stages of construction: foundation/top of block with all setbacks to property lines; completion of roof framing and building and eave height; completion of all site improvements with all building setbacks clearly shown, commonly known as a "final survey." After completion of the roof framing and building and eave height, a roof pitch certification by a licensed surveyor shall be provided showing the roof pitch is in compliance with §
167-7A. The submission of the required foundation/top of block survey shall also indicate, in addition to the setbacks to property lines, all proposed work between the block foundation and property lines, including, but not limited to, decks, stairs, landings, porches, balconies, building projections, etc., that are not yet constructed but will be attached or extended beyond the foundation and finish walls of the principal structure. In addition, spot elevations shall be indicated for existing ground at the extreme four corners of the foundation as well as sidewalk and top-of-curbing at the front center line of the property. Any proposed stairways shall be dimensioned to assure construction within the required yard setbacks based on those spot elevations. When the proposed construction is indicated on said survey, it shall be accurately dimensioned to all proposed finished edges to assure that no future work, including exterior finishes, will result in the need for variance. Should it be determined that a variance approval is necessary, the builder shall immediately cease construction in any such areas outside of the principal structure and either make revisions to the proposed construction in order to eliminate the need for such variance, or immediately make application to the Zoning Board and receive approval prior to continuing construction in those areas. Failure to provide said information or revise construction to comply with the developmental regulations shall void the original zoning permit approval.
[Amended 7-25-2015 by Ord. No. 2015-07; 5-18-2022 by Ord. No. 2022-07]
G. Headings and savings clause. The subsection headings are for informational purposes only. To the extent that the duties, time periods, and other terms and provisions contained in this Article
IX are inconsistent with New Jersey enabling statutes and other preempting laws, rules and regulations, the provisions of this Article
IX shall be automatically conformed to such preemptive laws, rules and regulations. All references to Zoning Officer shall equally apply to the Deputy Zoning Officer.
Site plan review and approval shall be required
as a prerequisite to the issuance of a zoning permit, building permit
or certificate of occupancy as specified in the Development Procedures
Ordinance and according to any applicable standards and requirements
contained in the Subdivision and Site Plan Review Ordinance and/or
this chapter.
In reviewing any site plan application, the Planning Board shall be guided by any pertinent Comprehensive Plan recommendations, policies and proposals; any specific standards relating to particular uses contained in Articles
VI or
VII of this chapter; and general site design standards contained in the Subdivision and Site Plan Review and Approval Ordinance.
All applications for zoning permits shall be
in duplicate and include plans drawn to scale, showing the actual
dimensions and shape of the lot to be built upon, the exact size and
location on the lot of any buildings already existing and the location
and dimensions of the proposed building or alteration. The application
shall include such other information as reasonably may be required
by the Zoning Officer, including such things as existing or proposed
open land uses; existing or proposed accessory buildings or structures;
the number of families, housekeeping units or rental units the building
is designed to accommodate; and such other matters as may be necessary
to determine conformance with and provide for the enforcement of this
chapter. One copy of the plan shall be returned to the applicant by
the Zoning Officer after he has marked such copy either as approved
or disapproved and attested the same by his signature. The second
copy of the plans, similarly marked, shall be retained by the Zoning
Officer. Extra copies of applications will be required in the case
of conditional uses and applications requiring site plan review.
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, thereinafter created, erected, changed, converted
or wholly or partly enlarged in its use or structure, until a certificate
of occupancy shall have been issued therefor by the Construction Code
Official, stating that the proposed use of the building or lands conforms
to the requirements of this chapter. Following the completion of construction,
reconstruction or alteration of any buildings or any change in the
use of a structure or land parcel, the applicant shall transmit by
registered mail to the Construction Code Official a letter stating
that such construction has been completed or that a new or changed
use is being proposed. Within seven days of receipt of this letter,
the Construction Code Official shall make all necessary inspections
of the completed structure and/or proposed use to determine conformance
with the terms of this chapter. A certificate of occupancy shall be
issued only if the Construction Code Official finds that the requirements
of this chapter or applicable supplementary actions of the Board of
Adjustment, Planning Board or governing body have been complied with.