[Amended 3-5-2015 by Ord. No. 02-15]
This chapter may be enforced by the Zoning Officer, Township Engineer, or any officer or employee directed by the administration to enforce the provisions of this chapter. Such officers or employees shall have the authority to investigate any alleged violation of this chapter coming to their attention.
A. 
Requirement to obtain a zoning permit. A zoning permit issued by the Zoning Officer shall be required for the following activities:
(1) 
No person shall commence the construction, reconstruction, demolition, alteration, conversion or installation of a fence, a wall four feet or greater in height, an interior or exterior structure, a swimming pool or a building without first obtaining a zoning permit.
(2) 
No person shall commence a use nor change an existing use of property without first obtaining a zoning permit. If the change is to a conforming use and does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review and does not increase the parking requirements, as determined by the Zoning Officer, a zoning permit may be issued without site plan approval.
(3) 
A person desiring to obtain an official acknowledgement that an existing building, lot or use meets the requirements of the current Township Zoning Ordinance shall do so by obtaining a zoning permit.
(4) 
A person desiring to obtain a certification pursuant to N.J.S.A. 40:55D-68 that a use or structure existed before the adoption of the ordinance that rendered the use or structure nonconforming may apply for a zoning permit. A zoning permit under this section may be issued only if an application is made within one year of the adoption of the ordinance that made the structure or use nonconforming. After one year, application shall be made to the Planning Board pursuant to N.J.S.A. 40:55D-68.
(5) 
Prior to the issuance of a building permit, a zoning permit indicating that the request complies with the provisions of this chapter shall be required.
(6) 
Prior to the issuance of a certificate of habitability or a continued certificate of occupancy, a zoning permit indicating that the property is in compliance with the provisions of this chapter shall be required. If a change of occupancy of a conforming use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review and does not increase the parking requirements, as determined by the Zoning Officer, a zoning permit may be issued without site plan approval.
B. 
Application for a zoning permit. An application for a zoning permit shall be made to the Zoning Officer. The Zoning Officer is authorized to promulgate application forms to administer this section. The Zoning Officer shall require two sealed plot plans with an embossed seal prepared by a New Jersey licensed professional engineer, land surveyor or architect, as authorized by N.J.A.C., Subchapter 7 of Title 13, drawn to scale and showing the size and location of all existing and proposed buildings, structures and other facilities, all streams, wetlands, easements and other natural features sufficient to enable the Zoning Officer to determine whether all zoning requirements are met. The requirement for sealed plot plans may be waived for additions, alterations or accessory structures to existing single-family dwellings, and a sketch, prepared by the owner or applicant, may be accepted except where there is a question as to the size, location or other zoning requirement. Upon the filing of an application for a zoning permit, the Zoning Officer shall have the right to enter the building or premises during the daytime in the course of duty after proper notification to the property owner or occupant of the property.
C. 
Criteria for the issuance of a zoning permit. The Zoning Officer shall issue a zoning permit where it is determined that any approvals required under this chapter have been obtained and at least one of the following conditions have been met:
(1) 
The use is permitted as a permitted use in the proposed location;
(2) 
The use is permitted as a conditional use in the proposed location and all conditional use provisions are met;
(3) 
The use exists as a nonconforming use and/or nonconforming structure; or
(4) 
The use is permitted by the terms of a variance and the structure and lot meet all required zone criteria.
D. 
Records and reports.
(1) 
Records. It shall be the duty of the Zoning Officer to keep a record of all applications for zoning permits and a record of all permits issued, together with a notation of all special conditions involved. The Zoning Officer shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office.
(2) 
Reports. The Zoning Officer shall prepare a monthly report for the Township Council summarizing, for the period since his last report, all zoning permits issued, complaints of violations received and action taken by him with respect thereto. Such report shall be in a form and shall contain such information as the Township Council may direct. A copy of such reports shall be made available to the Construction Official and to the Tax Assessor.
E. 
Time for decision. The Zoning Officer shall act upon all such applications within 15 days after receipt of a fully filled in application or shall notify the applicant, in writing, of his refusal to issue a permit and the reasons therefor. Failure to notify the applicant in case of such refusal within 15 days shall entitle the applicant to file an appeal to the Planning Board as in the case of a denial.
F. 
Revocation of permit. If it shall appear at any time to the Zoning Officer that the application or accompanying plans are in any material respect false or misleading or that the work is being done upon the premises differing materially from that called for in the application previously filed with him and may be in violation of any provision of this chapter he may forthwith revoke the zoning permit.
A. 
No person shall occupy or use any building or structure authorized by a construction permit without first obtaining a certificate of occupancy as required by the Uniform Construction Code.
B. 
No certificate of occupancy shall be issued until a zoning permit has been issued.
C. 
No certificate of occupancy shall be issued for any use of land or structure requiring conditional use approval or a variance or requiring site plan approval as detailed in § 310-53 of this chapter until such approval or variance has been granted and the Construction Official has been so notified in writing. In a case where a conditional use, variance or site plan has been approved, the certificate of occupancy shall detail any conditions of those approvals.
A. 
No person shall occupy or use or permit the occupancy or use of any portion of a nonresidential building after such building or portion thereof has been vacated or sold, or in which there has been a change in use or a change in occupancy, until the landlord/owner shall have applied for and secured a certificate of continued occupancy from the Construction Official.
B. 
Upon the application of the owner of an existing building or structure, the Construction Official, with the approval of the subcode officials, 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 of available municipal records that the alleged use of the building or structure has lawfully 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 no violations of N.J.A.C. 5:23-2.14 have been determined to have occurred and no unsafe conditions violative of N.J.A.C. 5:23-2.32(a) have been found.
C. 
No certificate of continued occupancy shall be issued unless the applicant has obtained a zoning permit, a certification from the Health Department indicating that the occupancy is in conformance with all health regulations, and a certification indicating that the property is in compliance with all fire prevention and protection regulations. No certificate of continued occupancy shall be issued for any structure requiring conditional use approval, variance approval or site plan approval as detailed in § 310-53 of this chapter until such approval or variance has been granted and the Construction Official has been so notified in writing. In a case where a conditional use, variance or site plan has been approved, the certificate of continued occupancy shall detail all conditions of those approvals.
D. 
The fee for a continued certificate of occupancy is set forth in Chapter 235, Fees, of the Township Code.
Recognizing, in certain instances, the necessity for certain temporary uses, the Planning Board, after hearing, may authorize temporary use permits pursuant to the authority of N.J.S.A. 40:55D-70b.
A. 
Such permits may be issued for a period not to exceed one year and, on future application to the Planning Board, may be extended, for good cause shown, for an additional period not to exceed one year. Thereafter, such temporary use permit shall expire, and the use so permitted shall be abated. Any structures erected in connection therewith shall be removed. Where deemed appropriate, the Board may require such guaranties as it may deem sufficient to cause such abatement and/or removal.
B. 
Where a building permit has been issued, a temporary certificate of occupancy for a dwelling house may be granted to a developer to permit such dwelling house to be used, temporarily, as a sales and management office for the sale of those homes within a subdivision, provided that all of the following requirements are met:
(1) 
The house to be used as such office is built upon a lot approved as part of a subdivision that has been approved by the Planning Board.
(2) 
The house is of substantially the same quality of construction as those homes to be sold within the subdivision.
(3) 
No other business than that which is accessory to the management and the sale of lands owned by the developer shall be permitted.
(4) 
The dwelling house shall meet all other requirements of the zone district in which it is located.
C. 
Where a building permit has been issued, the Board may grant a temporary use permit for a nonconforming use incidental to construction projects on the same premises, such as the storage of building supplies and machinery and/or the assembly of building materials. For example, but not by way of limitation, such temporary use permit may be issued to permit the parking of a construction trailer on such a site or a house trailer to be parked only during reconstruction of a building damaged by fire, flood or other casualty.
D. 
The Board may grant a temporary use permit for the erection and maintenance of temporary structures or buildings for the conduct of permitted uses where such permitted uses have been interrupted by reason of fire or other casualty. Such temporary use permit shall expire at the time the necessary repair or reconstruction of the permanent structures or buildings has been accomplished or within one year, whichever occurs first.
E. 
The Board may grant temporary use permits for the location of temporary structures, in connection with permitted uses, on the site of such permitted use, which is either existing or about to be established, upon the construction of permanent facilities which are an addition to the permitted use or which will result in permanent facilities to house the permitted use. For example, but not by way of limitation, such temporary use permits may be issued to permit the parking of a trailer housing banking facilities, temporary office space, temporary classroom space and/or temporary warehouse space on such a site.
A sign permit shall be required prior to the erection or alteration of any sign pursuant to Article XXIX of this chapter.
A. 
Failure to obtain approval. It shall be a violation of this chapter to use any land or building where subdivision or site plan approval is required under this chapter without obtaining subdivision or site plan approval from the Planning Board. If, before final subdivision approval has been obtained, any person transfers or sells or agrees to sell or transfer, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms part of a subdivision on which, by ordinance, the Planning Board is required to act, such person shall be subject to a fine not to exceed $1,000, and each parcel or lot so disposed of shall be deemed to be a separate violation.
[Amended 2-4-2016 by Ord. No. 01-16]
B. 
Zoning violations. It shall be a violation of this chapter to use any land or building in a manner not permitted under this chapter.
C. 
Use of property not in conformance with approval. It shall be a violation of this chapter to use any property for which subdivision or site plan approval has been received in a manner inconsistent with the approval or in violation of any condition in the approval.
D. 
Civil action. In addition to the penalties provided for under this chapter, the Township may institute and maintain a civil action for injunctive relief.
[Amended 6-2-2016 by Ord. No. 10-16]
A. 
The owner or agent of a building or premises where a violation of any provision of this chapter shall have been committed or shall exist, or the agent, architect, builder, contractor, or any other person who shall commit, take part in, or assist in any such violation, or who shall maintain any building or premises in which any violation of this chapter shall exist, shall be subject to the penalties set forth in this section. Each day the violation continues shall be considered a separate offense.
B. 
For a violation of any provision of this chapter or supplement or addition thereto, the offender shall be subject to imprisonment in the County Jail for a period not to exceed 90 days or a period of community service not exceeding 90 days or a fine of not less than $100 nor exceeding $2,000, or any combination of penalty.
C. 
Any person who is convicted of violating a provision of this chapter within one year of the date of a previous violation of this chapter and who was fined for the previous violation shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than $100 nor more than $2,000 for a violation of any provision of this chapter, but shall be calculated separately from the fine imposed for the violation of a provision of this chapter.