[Added 6-17-1980 by Ord. No. 10-3-1980[1]]
There is hereby established a Department of
Community Development, which shall:
A.
Be the principal agency responsible for administrative
and technical support for the Township Planning Board and Zoning Board
of Adjustment.
B.
Undertake projects in the areas of community development,
land use and zoning matters as may be assigned to it from time to
time by the Township Manager.
C.
Maintain the records of the Planning Board and Zoning
Board of Adjustment in an orderly system of record keeping.
D.
Provide the Administrative Officer of the Township
Planning Board and Zoning Board of Adjustment for the purpose of receiving
and reviewing developmental applications and other submissions and
declare applications complete or incomplete pursuant to the provisions
of the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E.
Enforce the various conditions of approval imposed
by the Planning Board and/or Zoning Board of Adjustment.
F.
Monitor, audit and review inspections of bonded improvements
as well as charges and claims for said inspections.
The head of the Department of Community Development
shall be the Director of Community Development, who shall be appointed
by the Township Manager and who shall serve at his or her pleasure.
The Director of Development shall serve under the direction of the
Township Manager and shall be responsible for the proper and efficient
conduct of the Department.
[Added 5-17-1983 by Ord. No. 22-5-83]
A.
Establishment and composition. There is hereby established
in the Township of Evesham a State Uniform Construction Code enforcing
agency to be known as the "Division of Inspections," consisting of
a Construction Official, Building Subcode Official, Plumbing Subcode
Official, Electrical Subcode Official, Fire Protection Subcode Official
and such other subcode officials for such additional subcodes as the
Commissioner of the Department of Community Affairs, State of New
Jersey, shall hereafter adopt as part of the State Uniform Construction
Code. The Construction Official shall be the chief administrator of
the enforcing agency. The Construction Official is also charged with
the responsibility for the administration and enforcement of all rules,
regulations and codes not adopted by the Commissioner of the Department
of Community Affairs, State of New Jersey, as part of the State Uniform
Construction Code, but which are adopted by the Township Council by
ordinance or which apply to the Township by law, whether or not adopted
by the Township Council. The aforementioned officials and officer
shall be appointed by the Township Manager as provided for by law.
B.
Powers and duties. The Division of Inspections, as
the enforcing agency, subject to the direction and supervision of
the Director of Community Development, shall administer and enforce
the subcodes adopted by the Commissioner of the New Jersey State Department
of Community Affairs and any other laws or ordinance provisions committed
and entrusted to the Division or its officials. As provided by law
and administrative regulations of the New Jersey Department of Community
Affairs, the Uniform Construction Code, which includes the subcodes
adopted by the Division, shall govern the construction of buildings
and the issuance of permits with respect thereto.
C.
Qualifications of officials. Each official position created in Subsection A of this section shall be filled by a person qualified for such position pursuant to the P.L. 1975, c. 217,[1] as amended, and N.J.A.C. 5:23, provided that in lieu of
any particular subcode official, an on-site inspection agency may
be retained by contract, pursuant to N.J.A.C. 5:23. More than one
such official position may be held by the same person, provided that
such person is qualified pursuant to the P.L. 1975, c. 217,[2] and N.J.A.C. 5:23 to hold each such position. The public
shall have the right to do business with the Division of Inspections
at one office location, except for emergencies and unforeseen or unavoidable
circumstances.
D.
Zoning Officer. A Zoning Officer shall be appointed
and Deputy Zoning Officers may be appointed pursuant to the Administrative
Code and applicable law. He shall be charged with the administration
and enforcement of the Zoning Ordinance[3] and the property maintenance codes and shall have all
the powers, functions and duties prescribed by general law and ordinance.
E.
Permits and certificates: taxes and assessments. No permit shall be issued by the Construction Official or any subcode official unless the property owner complies with the provisions of Chapter 15, Land Use Administration, of the Code of the Township of Evesham, nor shall any Zoning Officer issue any zoning permit unless the property owner submits the proof required to be submitted when applying for a permit pursuant to the Uniform Construction Code. Zoning permits may be revoked pursuant to Chapter 15, Land Use Administration, of the Code of the Township of Evesham; construction permits may be revoked pursuant to N.J.A.C. 5:23.
F.
Permits and certificates; rodent certificate. Fifteen
days prior to the issuance of a construction permit for construction
of a primary structure or dwelling, there must be filed with the Construction
Official a certificate of an exterminator satisfactory to the Construction
Official that the property is free and clear of rodents.
G.
Fees.
(1)
Generally. The Township Council hereby establishes fees for construction permits as set forth in Chapter 72, Fees, of this Code, which fees shall be the sum of the subcode fees listed in Chapter 72, and the Township Council hereby declares that the fee for a construction permit shall be paid before the permit is issued.
(2)
Biannual report. The Construction Official shall,
with the advice of the subcode officials, biannually prepare and submit
to the Township Council a report recommending a fee schedule based
on the operating expenses of the agency and any other expense of the
municipality fairly attributable to the enforcement of the State Uniform
Construction Code Act.[4]
[4]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
(3)
Surcharge fee.
(a)
In order to provide for the training, certification
and technical support programs required by the Uniform Construction
Code Act and the regulations,[5] the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee as set forth in Chapter 72, Fees, of this Code. Said surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarters ending September 30, December 31, March 31 and June 30 and not later than one month next succeeding the end of the quarter for which it is due. In the fiscal year in which the regulations first become effective, said fee shall be collected and remitted for the third and fourth quarters only.
[5]
Editor's Note: "The regulations" refers to
the regulations established by the Commissioner of the Department
of Community Affairs.
(b)
The enforcing agency shall report annually at
the end of each fiscal year to the Bureau of Housing Inspection, and
not later than July 31, the total amount of the surcharge fee collected
in the fiscal year. In the fiscal year in which the regulations first
become effective, said report shall be for the third and fourth quarters
only.
H.
Appeals. All appeals from decisions concerning N.J.A.C.
5:23 by the Division shall be heard by the Burlington County Board
of Appeals, located at the County Office Building, 49 Rancocas Road,
Mount Holly, New Jersey.
The Planning Board Attorney and Attorney for the Zoning Board of Adjustment, appointed by their respective Boards annually, pursuant to § 15-8 of this Code, shall be assigned to the Department of Community Development for administrative and organizational purposes. Said Attorneys shall comply with the administrative and procedural directives of the Township Manager and/or of the Department, but such Attorneys shall continue to exercise independent professional judgment on behalf of their respective Boards as required by legal ethics.
[Added 8-5-1980 by Ord. No. 38-8-80]
The Planning Board Engineer and the Zoning Board of Adjustment Engineer, appointed by their respective Boards, pursuant to § 15-9B of this Code, shall be assigned to the Department of Community Development for administrative and organizational purposes. Said Engineers shall comply with the administrative and procedural directives of the Township Manager and/or the Department, but such Engineers shall continue to exercise independent professional judgment on behalf of their respective Boards as required by professional ethics.
[1]
Editor's Note: Former § 3-71-2, Planning Board Planner;
Zoning Board of Adjustment Planner, added 8-5-1980 by Ord. No. 38-8-80,
was repealed 3-6-2018 by Ord. No. 5-3-2018.
[Added 8-5-1980 by Ord. No. 38-8-80]
The Planning Board stenographic reporter and the Zoning Board of Adjustment stenographic reporter, appointed by their respective Boards, pursuant to § 15-9D of this Code, shall be assigned to the Department of Community Development for administrative and organizational purposes. Said stenographic reporters shall comply with the administrative and procedural directives of the Township Manager and/or the Department, but such stenographic reporters shall continue to exercise independent professional judgment on behalf of their respective Boards as required by professional ethics.
[Added 3-22-1983 by Ord. No. 11-3-83]
The Planning Board Traffic Engineer and the Zoning Board of Adjustment Traffic Engineer appointed by their respective Boards pursuant to § 15-9E of this Code shall be assigned to the Department of Community Development for administrative and organizational purposes. Said Traffic Engineers shall comply with the administrative and procedural directives of the Township Manager and/or the Department, but such Traffic Engineers shall continue to exercise independent professional judgment on behalf of their respective Boards as required by professional ethics.
[Added 10-15-1985 by Ord. No. 39-9-85]
The Planning Board of the Township of Evesham and the Zoning Board of Adjustment shall have the authority, pursuant to § 15-9F of the Code of the Township of Evesham, to appoint an archaeologist to advise these Boards with respect to archaeological matters. The archaeologist(s) shall be assigned to the Department of Community Development for administrative and organizational purposes. Said archaeologists shall comply with the administrative and procedural directives of the Township Manager and/or the Department, but such archaeologists shall continue to exercise independent professional judgment on behalf of their respective Boards as required by professional ethics.
The Township Manager shall employ and/or assign
clerical personnel, special experts or such other staff as may be
necessary for the efficient operation of the Department.
When, in connection with any development or
other application, an escrow deposit is made or required to be made
to underwrite costs associated with professional review fees and other
costs of application review, such costs shall be charged to said escrow
deposit. Payments made in respect of charges for professional or application
review fees shall be from lawfully appropriated funds and shall not
cause an overencumbrance or overexpenditure of the amount on deposit
held in escrow by the Township or an overencumbrance or overexpenditure
of any appropriation in the municipal budget of the Township of Evesham.
