[Amended 3-19-1979 by Ord. No. 2-1979]
The provisions of this chapter shall be administered
and enforced by the Zoning Inspector of the Borough. In no case shall
a permit be granted for the construction or alteration of any building
where the proposed construction, alteration or use thereof would be
in violation of any provisions in this chapter. It shall be the duty
of the Zoning Inspector or his duly authorized assistants to cause
any building, plans or premises to be inspected or examined and to
order, in writing, the remedying of any conditions found to exist
in violation of any provision of this chapter, and he has the right
to enter any building or premises in the course of these duties.
A.
Conditional use permits. Applications for any conditional use permit as permitted by this chapter shall be made to the Planning Board. In approving any such application, the Planning Board may impose any conditions that it deems necessary to accomplish the reasonable application of the standards as provided in Article IV and may deny any such application not in accordance with said standards.
B.
Certificate of occupancy.[1]
[Amended 3-19-1979 by Ord. No. 2-1979]
(2)
Upon serving of notice, by the Code Enforcement Officer
to the owner, of any violation of any of the provisions or requirements
with respect to any building or use thereof or of land, as specified
in this chapter, a new certificate of occupancy[3] shall be required for any further use of such building
or land.
C.
Zoning permits. Zoning permits shall hereafter be
secured from the Zoning Inspector's office prior to the issuance of
a building permit for the construction, erection or alteration of
a structure or sign or part of a structure or upon a change in the
use of a structure or land.
[Amended 3-19-1979 by Ord. No. 2-1979]
D.
Temporary use permits. It is recognized that it may
be in accordance with the purpose of this chapter to permit temporary
activities for a limited period of time, which activities may be prohibited
by other provisions of this chapter. If such uses are of such a nature
and are so located that, at the time of petition, they will in no
way exert a detrimental effect upon the uses of land and activities
normally permitted in the zone, and they will contribute materially
to the welfare of the Borough, particularly in a state of emergency,
under conditions peculiar to the time and place involved, then the
Board of Adjustment may, subject to all regulations for the issuance
of use permits elsewhere specified, direct the Building Inspector
or Zoning Officer, as applicable, to issue a permit for a period not
to exceed six months. However, such a permit for a temporary construction
trailer may be issued by the Building Inspector or Zoning Officer
as appropriate. The Building Inspector or Zoning Officer may issue
this permit provided that various requirements established by checklist
of the Tuckerton Zoning Offices are met. Should the applicant not
meet the requirements of the checklist, then application to the Board
of Adjustment is required. Such a permit may not be issued for a period
longer than six months. Further, in the event that such a permit is
needed for a trailer on a temporary basis until construction of a
residence or other building is completed, said trailer must be removed
within 30 days after issuance of a certificate of occupancy[4] for the permanent construction. In the event that a storage
or construction trailer is needed for a period after six months, after
the initial six months period has expired, the applicant must apply
to the Board of Adjustment for a permit for any period longer than
the initial six-months approved by the Building Inspector or Zoning
Officer. It is recommended that all applicants contact their appropriate
insurance carrier to determine whether any extent of any homeowners
and property insurance will apply to any temporary storage or construction
trailers.
[Amended 12-7-1998 by Ord. No. 15-1998]
E.
Fee schedule.
[Added 12-4-1989 by Ord. No. 26-1989; amended 5-2-2005 by Ord. No. 3-2005; 5-2-2011 by Ord. No. 9-2011]
(1)
Zoning
permit application: $35.
(2)
Foundation
as-built review: $35.
(3)
Flood
elevation certificate as-built review: $35.
(4)
Interpretation
of zoning application or map: $50.
(5)
Letter
of interpretation: $150.
(6)
Certificate
of compliance: $150.
(7)
Certificate
of preexisting nonconformity: $150.
(8)
New
home/substantial improvement zoning permit: $200.
(9)
Commercial
tenant change/commercial change of use: $200.
(10)
Resolution compliance (post-certificate of occupancy) enforcement
fee: $400.
A.
Any owner, contractor, agent or any person or corporation
who shall violate any of the provisions of this chapter or fail to
comply therewith or with any of the requirements thereof, or who shall
erect, structurally alter, enlarge, rebuild or move any building or
buildings or any structure, or who shall refuse reasonable opportunity
to inspect any premises, shall be subject, upon conviction, to a fine
of not more than $500 or to imprisonment for not more than 90 days,
or to both such fine and imprisonment. Each and every day such violation
continues shall be deemed a separate and distinct violation.
B.
The owner of any building or structure, lot or land
or part thereof in or on which anything in violation of this chapter
shall be placed or shall exist, and any architect, builder, contractor,
agent, person or corporation employed in connection therewith and
who may have assisted in the commission of any such violation, shall
be guilty of a separate offense and, upon conviction thereof, shall
each be liable to the fine or imprisonment, or both, hereinbefore
specified.
The Borough Council of the Borough of Tuckerton
may, at any time, after a public hearing, add to or amend any portion
of this chapter in accordance with N.J.S.A. 40:55D-1 et seq.
