[Amended 3-16-2022 by Ord. No. 8-2022]
It shall be the duty of the Construction Official
and Zoning Officer of Pemberton Township to administer and enforce
the provisions of this chapter. No structure shall be erected until
a construction permit is obtained from the Construction Official and
no structure or lot shall be used in violation of this chapter. It
shall be the duty of the Construction Official to keep a record of
all applications and all construction permits which are either issued
or denied, with notations of any conditions involved, which data shall
form a part of the Township public records. A monthly report of construction
permits issued shall be filed with the Tax Assessor. It shall be the
duty of the Zoning Officer to inspect the structures and land in the
Township and order the owner in writing to remedy any condition found
to exist in violation of any provision(s) of this chapter. The Zoning
Officer shall receive, review and approve or deny applications for
temporary accessory uses. Upon approving an application for a temporary
accessory use, the Zoning Officer shall issue a permit for such a
use indicating the street address and block and lot numbers of the
parcel of land on which the temporary accessory use will occupy, the
type of temporary accessory use, the location where the temporary
accessory use will occupy the parcel of land (portion or quadrant
of the parcel of land, and required yard and setback dimensions),
the date of approval, the expiration date of the permit, and any conditions
of approval or extensions granted including date of extension and
expiration date. The Zoning Officer shall issue a written denial of
an application for a temporary accessory use indicating the reasons
for denial. Appeals of denial of a temporary accessory use shall be
brought to the Township Zoning Board of Adjustment for deliberation.
[Added 3-16-2022 by Ord. No. 8-2022]
A. The
applicant shall submit the following items to the Zoning Officer:
(1) A completed and executed application form for a temporary accessory
use. The application shall provide the following information:
(a) The name, address and telephone number of the property owner, the
street address and block and lot numbers of the parcel of land on
which the temporary accessory use shall occupy.
(b) The zoning district in which the parcel of land is located.
(c) A written description and the dimensions of the type of temporary
accessory use that will occupy the parcel of land, the length of time
the temporary accessory use will occupy the parcel of land.
(d) The signature of the property owner authorizing the submission of
the application.
(e) The date of the property owner executing the application.
(2) A copy of a plan, which may be based on a boundary survey or a tax
map of the parcel of land on which the temporary accessory use will
occupy and may be prepared by the applicant, showing the following
items:
(a) The name and address of the property owner, the street address and
block and lot numbers of the parcel of land on which the temporary
accessory use is proposed, and the date the plan was prepared.
(b) The location of principal and accessory buildings and structures
and driveway existing on the parcel of land.
(c) The zoning district in which the parcel of land is located.
(d) The setbacks from property lines and existing principal and accessory
buildings and structure required by the zoning district.
(e) The proposed temporary accessory use labeled on the plan, and its
proposed location, dimensions and setback dimensions from adjacent
property lines and existing principal and accessory buildings and
structures.
(f) The approximate scale of the plan and the north arrow related to
the parcel of land.
(3) The application fee pursuant to Article
VIII.
B. The Zoning Officer shall review the application for a temporary accessory use pursuant to §
190-63 and shall render a written decision within 10 business days from the date of receiving the application.
C. The
Zoning Officer shall inspect the parcel of land on which the temporary
accessory use is located to ensure its location is compliant with
the issued permit. Compliance with the issued permit requires no further
action by the Zoning Officer. In determining a temporary accessory
use violates the issued permit, the Zoning Officer shall issue a written
warning requiring the violation be cured within 10 business days.
If the violation is not cured, the Zoning Officer shall issue a summons
requiring the property owner to cure the violation. Unresolved violations
shall result in the matter being brought to the municipal court for
adjudication. The same process shall ensue for temporary accessory
uses occupying the parcel of land beyond the time period specified
in the issued permit.
[Amended 5-30-1979 by Ord. No. 8-1979; 8-6-1982 by Ord. No.
16-1982]
Every application for a construction permit
shall be accompanied by three sets of plans drawn in ink or a blueprint
showing the actual shape and dimensions of the lot to be built upon;
the exact location, size and height of all existing and proposed structure(s);
the existing or intended use of each structure; the number of dwelling
units the structure is designed to accommodate; the number and location
of off-street parking spaces and off-street loading areas; and within
the Pinelands Area, wetlands delineation and soil borings and such
other information with regard to the structures, lot and neighboring
lots as may be necessary to determine and provide for the enforcement
of this chapter, the Building Code and all other applicable codes and ordinances for the Township. The Construction Official shall not consider the submitted application for a construction permit to construct the proposed structure(s) until he has received a written report from the Planning Board or Zoning Board of Adjustment stating that the subdivision or site plan in which said structure is located has been approved or until the legal time period for action by the Board has expired. Within the Pinelands Area, the Construction Official shall not issue a construction permit until the requirements of §
190-66 have been met.
[Added 8-6-1982 by Ord. No. 16-1982;
amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No. 11-1989]
A. Applicability.
(1) No person shall carry out any development within the
Pinelands Area without obtaining approval from an approval agency
and without obtaining development approval in accordance with the
procedures set forth in this section, in addition to other development
review procedures of the Township of Pemberton.
(2) Except as provided in Subsection
A(3) below, the following shall not be subject to the procedures set forth in this section:
(a)
The improvement, expansion or reconstruction,
within five years of destruction or demolition, of any single-family
dwelling unit or appurtenance thereto.
(b)
The improvement, expansion, construction or
reconstruction of any structure accessory to a single-family dwelling.
(c)
The improvement, expansion, construction or
reconstruction of any structure used exclusively for agricultural
or horticultural purposes.
(d)
The construction, repair or removal of any sign,
except for the construction or replacement of any off-site commercial
advertising sign.
(e)
The repair of existing utility distribution
lines.
[Amended 4-3-1997 by Ord. No. 1-1997]
(f)
The clearing of less than 1,500 square feet
of land.
(g)
The construction of any addition or accessory
structure for any nonresidential use or any multifamily residential
structure, provided that:
[Amended 8-7-2019 by Ord. No. 24-2019]
[1] If the addition or structure will be located on or below an existing
impervious surface, either the existing use is served by public sewers
or the addition or structure will generate no wastewater flows, and
said addition or structure will cover an area of no more than 4,999
square feet; and
[2] If the addition or structure will not be located on or below an impervious
surface, said addition or structure will generate no wastewater flows
and will cover an area of no more than 1,000 square feet.
(h)
The demolition of any structure that is less
than 50 years old.
(i)
The installation of utility distribution lines,
except for sewage lines, to serve areas which are effectively developed
or development which has received all necessary approvals and permits.
[Added 4-3-1997 by Ord. No. 1-1997]
(j)
The repair or replacement of any existing on-site
wastewater disposal system.
[Added 4-3-1997 by Ord. No. 1-1997]
(k)
The repaving of existing paved roads and other
paved surfaces, provided no increase in the paved width or area of
said roads and surfaces will occur.
[Added 4-3-1997 by Ord. No. 1-1997;
amended 8-7-2019 by Ord. No. 24-2019]
(l)
The clearing of land solely for agricultural
or horticultural purposes.
[Added 4-3-1997 by Ord. No. 1-1997;
amended 8-7-2019 by Ord. No. 24-2019]
(m)
Fences, provided no more than 1,500 square feet
of land is to be cleared.
[Added 4-3-1997 by Ord. No. 1-1997]
(n)
Aboveground telephone equipment cabinets.
[Added 4-3-1997 by Ord. No. 1-1997]
(o)
Tree pruning.
[Added 4-3-1997 by Ord. No. 1-1997]
(p)
The following forestry activities:
[Added 4-3-1997 by Ord. No. 1-1997]
[1]
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size.
[2]
Tree harvesting, provided that no more than
one cord of wood per five acres of land is harvested in any one year
and that no more than five cords of wood are harvested from the entire
parcel in any one year.
[3]
Tree planting, provided that the area to be
planted does not exceed five acres in any one year, no soil disturbance
occurs other than that caused by the planting activity and no trees
other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
[4]
Forest stand improvement designed to selectively
thin trees and brush, provided that no clearing or soil disturbance
occurs and that the total land area on the parcel in which the activity
occurs does not exceed five acres in any one year.
(q)
Prescribed burning and the clearing and maintaining
of fire breaks.
[Added 4-3-1997 by Ord. No. 1-1997]
(r)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to §
190-50C(3).
[Added 4-3-1997 by Ord. No. 1-1997]
(s) The installation of an accessory solar energy facility on any existing
structure or impervious surface.
[Added 8-7-2019 by Ord. No. 24-2019]
(t) The installation of a local communications facilities antenna on
an existing communications or other suitable structure, provided such
antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Added 8-7-2019 by Ord. No. 24-2019]
(u) The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 8-7-2019 by Ord. No. 24-2019]
(v) The change of one nonresidential use to another nonresidential use,
provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Added 8-7-2019 by Ord. No. 24-2019]
(3) The exceptions contained in Subsection
A(2) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
(4) Nothing herein shall preclude any local or state agency
from receiving, in accordance with the provisions of any applicable
ordinance or regulation, any proposed development which does not require
an application to the Pinelands Commission pursuant to this section.
B. Application requirements for minor development. Any
application for approval of minor development shall include at least
the following information:
(1) The applicant's name and address and his interest
in the subject property.
(2) The owner's name and address, if different from the
applicant's, and the owner's signed consent to the filing of the application.
(3) The legal description, including block and lot designation
and street address, if any, of the subject property.
(4) A description of all existing uses of the subject
property.
(5) A brief written statement generally describing the
proposed development.
(6) A United States Geological Survey quadrangle map,
or copy thereof, and a copy of the Municipal Tax Map sheet on which
the boundaries of the subject property and the Pinelands management
area designation and the zoning designation are shown.
(7) A plat or plan showing the location of all boundaries
of the subject property, the location of all proposed development
and existing or proposed facilities to provide water for the use and
consumption of occupants of all buildings and sanitary facilities
which will serve the proposed development. The following information
shall be included with respect to existing or proposed sanitary facilities.
(a)
On-site treatment facilities: location, size,
type and capacity of any proposed on-site wastewater treatment facilities.
(b)
Soil borings and percolation tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs and elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in §
190-50H.
(8) A location map, including the area extending at least
300 feet beyond each boundary of the subject property, showing ownership
boundary lines, the boundary of the proposed development, owners of
holdings adjoining and adjacent to the subject property, existing
facilities, buildings and structures on the site, all proposed development,
wetlands, streams (including intermittent streams), rivers, lakes
and other water bodies and existing roads.
(9) A soils map, including a county soils survey which
conforms to the guidelines of the United States Department of Agriculture
Soil Conservation Service, showing the location of all proposed development.
(10)
A map showing existing vegetation, identifying
predominant vegetation types in the area and showing proposed landscaping
of the subject property, including the location of the tree line before
and after development and all areas to be disturbed as a result of
the proposed development.
(11)
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991,
evidence of prior approval from the Pinelands Development Review Board
or the Pinelands Commission pursuant to the interim rules and regulations.
(12)
When prior approval for the development has been granted by the approval agency, evidence of Pinelands Commission review pursuant to §
190-66E below.
(13)
In lieu of Subsection
B(1) through
(12) above, the application requirements of §
190-66.1 shall apply to applications for the development of a single-family dwelling on an existing lot of record.
[Added 8-7-1997 by Ord. No. 19-1997]
C. Application requirements for other development. All
applications for major development, other than forestry operations,
shall be accompanied by the information required in N.J.A.C. 7:50-4.2(b)5,
as well as the following:
(1) A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991,
evidence of prior approval from the Pinelands Development Review Board
or the Pinelands Commission pursuant to the interim rules and regulations.
(2) When prior approval for the development has been granted by the approval agency, evidence of Pinelands Commission review pursuant to §
190-66E below.
D. Notices to the Pinelands Commission.
[Amended 8-7-1997 by Ord. No. 19-1997; 8-7-2019 by Ord. No. 24-2019]
(1) Application submission and modifications. Written notification shall
be given by the Township, by email or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Township that an application for development in the Pinelands Area
is complete or if a determination is made by the approval agency that
the application has been modified. Said notice shall contain:
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop.
(c)
A brief description of the proposed development, including uses
and intensity of uses proposed.
(d)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued.
(e)
The date on which the application or any change thereto was
filed and any application number or other identifying number assigned
to the application by the approval agency.
(f)
The approval agency with which the application or change thereto
was filed.
(g)
The content of any change made to the application since it was
filed with the Commission, including a copy of any revised plans or
reports.
(h)
The nature of the municipal approval or approvals being sought.
(2) Meetings and hearings. Where a meeting, hearing or other formal proceeding
on an application for development approval in the Pinelands Area is
required, the applicant shall provide notice to the Pinelands Commission
by email, regular mail or delivery of the same to the principal office
of the Commission at least five days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
(a)
The name and address of the applicant.
(b)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued.
(c)
The date, time and location of the meeting, hearing or other
formal proceeding.
(d)
The name of the approval agency or representative thereof that
will be conducting the meeting, hearing or other formal proceeding.
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission.
(f)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
(3) Notice of approvals and denials. The Pinelands Commission shall be
notified of all approvals and denials of development in the Pinelands
Area, whether the approval occurs by action or inaction of any approval
agency or an appeal of any agency's decision. The applicant shall,
within five days of the approval or denial, give notice by email or
regular mail to the Pinelands Commission. Such notice shall contain
the following information:
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop.
(c)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued.
(d)
The date on which the approval or denial was issued by the approval
agency.
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission.
(f)
Any revisions to the application not previously submitted to
the Commission.
(g)
A copy of the resolution, permit or other documentation of the
approval or denial. If the application was approved, a copy of any
preliminary or final plan, plot or similar document that was approved
shall also be submitted.
(4) Except as provided in §
190-66.1, the requirements of §
190-66D shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
E. Review by the Pinelands Commission.
(1) Upon receipt by the Pinelands Commission of a notice of approval pursuant to §
190-66D(3) above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
(2) Until January 14, 1991, approvals issued by the Pinelands
Development Review Board or the Pinelands Commission under the interim
rules and regulations shall serve as the basis for Pinelands Commission
review of the local approval under this section.
(3) Although the Pinelands Commission shall be notified
of all denials, no such denial actions are subject to further review
and action by the Pinelands Commission.
(4) Except as provided in §
190-66.1, the requirements of §
190-66E shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
[Added 8-7-1997 by Ord. No. 19-1997]
F. Condition on prior approvals of the Township. Where
a prior approval has been granted by the Township, no subsequent approval
of an application for development approval shall be obtained until
one of the following is satisfied:
(1) Notification is received from the Pinelands Commission
that review of the Township's approval is not required.
(2) Review of the Township's approval has been completed
pursuant to N.J.A.C. 7:50-4.37 through 7:50-4.42, and a final order
regarding the approval is received by the Township from the Pinelands
Commission.
G. Effect of Pinelands Commission decision on Township
approval. If the Pinelands Commission disapproves an application for
development previously approved by an approval agency, such approval
shall be revoked by the approval agency within 30 days, and the agency
shall thereafter deny approval of the application. If the Commission
approves the decision of an approval subject to conditions, the approval
agency which had previously approved the application shall, within
30 days, modify its approval to include all conditions imposed by
the Commission and, if final approval of the application is required
shall grant final approval only if the application for approval demonstrates
that the conditions specified by the Commission have been met by the
applicant.
H. Environmental Commission review. All applications
for major development and forestry operations shall be referred to
the Environmental Commission for review and comment.
I. Amendments. In amending the Township's Master Plan, this chapter or Chapter
159 of the Code of the Township of Pemberton, the Township shall comply with all of the requirements of N.J.A.C. 7:50-3.45.
[Added 8-7-1997 by Ord. No. 19-1997]
A. The Zoning Officer is hereby authorized and directed
to issue preliminary zoning permits as a prerequisite to the issuance
of a construction permit or other permits or approvals which are needed
to develop a single-family dwelling on an existing lot of record.
B. Applications for a preliminary zoning permit.
(1)
An application for a preliminary zoning permit
shall be submitted to the Zoning Officer and shall include the following:
(a)
The applicant's name and address and his interest
in the subject property.
(b)
The applicant's signed certification that he
is duly authorized to submit the application, that the materials and
information are accurate and that duly authorized representatives
of the Township of Pemberton and Pinelands Commission are authorized
to inspect the property.
(c)
The owner's name and address, if different from
the applicant's, and the owner's signed consent to the filing of the
application.
(d)
The street address, if any, the Tax Map sheet
and block and lot number of the property.
(e)
Proof that taxes for the property have been
paid.
(f)
Acreage of the property in square feet.
(g)
A dated plot plan, with the scale noted, showing:
[1] The zoning district in which the
property is located.
[2] The location and dimensions of
all property lines, easements affecting the property and streets abutting
the property.
[3] The location of all yards and setbacks
required pursuant to the Schedules of Area and Yard Requirements.
[4] The location and use of all existing
structures and improvements an the property and their intended disposition.
[5] A building envelope within which
the single-family dwelling is to be located.
[6] The location and dimensions of
the proposed driveway.
[7] The location and dimensions of
any proposed accessory structures or improvements.
[8] The location and dimensions of
the area in which any sewage disposal system, including the disposal
field, is proposed to be located.
[9] The location of any proposed water
supply well.
(h)
If proposed, certification that central sewer
and/or water service are available.
(i)
If development of the property is proposed in accordance with the density transfer program of §
190-50R, the street address, if any, the Tax Map sheet, block and lot number and acreage in square feet of the noncontiguous property.
(2)
The Zoning Officer is authorized to require such additional information as may be necessary to determine compliance with Chapter
190. Such may include, but is not limited to, a soil boring in the area of any proposed septage system disposal field, a wetland and wetland buffer map and information to determine compliance with any permitted use requirement of Chapter
190.
(3)
The Zoning Officer is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with Chapter
190.
(4)
Within 14 days of receipt of an application,
the Zoning Officer shall determine whether the application is complete
and, if necessary, notify the applicant of any additional information
which is necessary to complete the application.
C. Permit decisions. Within 14 days of determining an
application to be complete, the Zoning Officer shall issue either
a preliminary zoning permit or a refusal to issue a preliminary zoning
permit.
D. Preliminary zoning permit.
(1)
A preliminary zoning permit shall be issued
if:
(a)
The application is consistent with the requirements of Chapter
190 or any necessary variance from those requirements has been obtained.
(b)
No waiver of strict compliance from the requirements
of the Pinelands Comprehensive Management Plan is necessary or any
such waiver has been approved by the Pinelands Commission.
(c)
A duly authorized representative of the Pinelands
Commission approves the Zoning Officer's determination and so signifies
by signing the preliminary zoning permit.
(2)
A preliminary zoning permit shall expressly incorporate the plot plan being approved, shall specify any conditions which the Zoning Officer determines are necessary to ensure compliance with Chapter
190 and shall specify the expiration date of the permit.
(3)
The Zoning Officer shall provide copies of the
application and the preliminary zoning permit to the Pinelands Commission
within five days of the issuance of the permit.
E. Effect of preliminary zoning permit.
(1)
A preliminary zoning permit represents a determination that the application meets the requirements of Chapter
190 and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
(2)
A preliminary zoning permit shall be valid for
two years. During that two-year period, any subsequent approvals necessary
for the development of the single-family dwelling on the property
may be sought without the need for a certificate of filing from the
Pinelands Commission.
(3)
Any subsequent approvals to be sought, including but not limited to construction permits, shall be subject to the notice, review and decisions requirements of §
190-66D through
G.
F. Refusal to issue preliminary zoning permit.
(1)
The Zoning Officer shall issue a refusal to
issue a preliminary zoning permit if any of the following are found
to apply:
(a)
A variance from Chapter
190 of the Code of Pemberton Township is required.
(b)
A variance from Chapter
190 of the Code of Pemberton Township is not required, but the Zoning Officer determines that the application does not meet any requirement of Chapter
190 that reflects a provision of the Pinelands Comprehensive Management Plan.
(c)
A waiver of strict compliance from the Pinelands
Comprehensive Management Plan is required.
(d)
The duly authorized representative of the Pinelands
Commission has not attested to the consistency of the application
with the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1
et seq.
(2)
A refusal to issue a preliminary zoning permit shall expressly reference the reasons why the refusal was issued. If the refusal is predicated solely upon the need to obtain a variance from Chapter
190, the refusal shall also indicate that, upon the applicant's submission of evidence of Planning Board or Board of Adjustment approval of the necessary variance, the Zoning Officer shall determine whether a preliminary zoning permit may be issued pursuant to Subsection
D above.
(3)
When a refusal to issue a preliminary zoning permit is predicated solely upon the need to obtain a variance from Chapter
190, the Zoning Officer shall provide a copy of the application and the refusal to the Pinelands Commission within five days of the issuance.
(4)
When a refusal to issue a preliminary zoning permit is predicated wholly or in part upon Subsection
F(1)(b),
(c) or
(d) above, the zoning Officer shall provide the original application and a copy of the refusal to the Pinelands Commission within five days of the issuance. The Pinelands Commission shall thereafter process the application pursuant to the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq., and §
190-66 of the Code of Pemberton Township. In lieu of a preliminary zoning permit, a certificate of filing from the Pinelands Commission shall thereafter be required as a prerequisite to the issuance of a construction or other permit.
G. Zoning Officer vacancy, Should the position of Zoning Officer become vacant for any reason, the application procedures set forth in §
190-66.1 shall be of no force or effect, and the procedures of §
190-66 shall apply until the position has been filled.
[Added 8-6-1982 by Ord. No. 16-1982]
All public purpose uses within the Pinelands
Area shall conform to the provisions of N.J.A.C. 7:50-4.41 et seq.
[Amended 11-2-1984 by Ord. No. 26-1984]
Any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists
the enforcement of the provisions of this chapter or any order, decision
or determination by the Board of Adjustment and who refuses to abate
said violation within five days after written notice has been served
upon him or it by registered mail or by personal service shall, for
each and every violation, be subject to a fine of not more than $1,000
or imprisonment for a period of not exceeding 90 days, or both, at
the discretion of the court or judicial officer before whom a conviction
may be had. Each and every day that such violation continues after
such notice shall be considered a separate and specific violation
of this chapter without the service of additional notice.
In case any building or structure is erected,
constructed, reconstructed, altered, moved or converted or any building,
structure or land is used in violation of or contrary to the provisions
of this chapter, the Township may institute an action to enjoin or
any other appropriate action or proceeding to prevent such erection,
construction, reconstruction, alteration, conversion or use.
[Amended 4-6-2000 by Ord. No. 5-2000]
Any citizen of the Township may notify the Zoning
Officer in writing of conditions in violation of this chapter. If
the notification does not bring satisfactory results, an appeal may
be made to the Township Council in writing and thereafter to the courts.
[Amended 8-6-1982 by Ord. No. 16-1982]
This chapter may be amended from time to time
by the Township Council after the appropriate referrals, notices,
hearings and other requirements of law and compliance with N.J.A.C.
7:50-3.45.
[Amended 8-6-1982 by Ord. No. 16-1982]
This chapter shall take effect immediately upon
adoption, publication according to law and certification by the Pinelands
Commission pursuant to N.J.A.C. 7:50-3.31 through 7:50-3.34.