[Added 10-12-1988 by Ord. No. 88-16]
The duty of enforcing the provisions of this
chapter is hereby conferred upon the Zoning Officer, who shall have
such powers as are conferred upon him by this chapter and as reasonably
may be implied. He shall be appointed by the Township Committee and
shall receive such compensation as the governing body shall determine.
[Added 10-12-1988 by Ord. No. 88-16]
A.
The Zoning Officer and his duly authorized assistants
shall have the duty and power to inspect or examine structures and
uses in the Township of Washington, and any plans for structures and
uses, to determine their compliance with the provisions of this chapter.
B.
Violations found. Where the Zoning Officer (or his
assistants) determine that a structure, use or premises is in violation
of the provisions of this chapter, he shall order the owner, in writing,
to remedy such condition. Said written order shall specify the nature
of the violation found to exist, the remedy ordered and the time permitted
for such remedy, the penalties and remedies which may be involved
by the Township and the violator's right of appeal, all as provided
by this chapter and the laws of the State of New Jersey.
C.
Prosecution of violations. If any violation shall not be abated after notice as provided above, the Zoning Officer shall prosecute either an action in the Washington Township Municipal Court for the penalty set forth in § 123-42 of this chapter or an action in the Superior Court of New Jersey to enjoin and compel abatement of violations.
D.
Issuance of zoning permits.
(1)
The Zoning Officer is hereby empowered to issue
zoning permits in accordance with the requirements and provisions
of this chapter certifying that the plans for a use, building or structure
to be established, constructed or altered are for a use permitted
by this chapter for the one in which it is located and that in all
respects it complies with all applicable requirements and provisions
of this chapter.
(2)
Applicants shall provide to the Zoning Officer
copies of the following documents, where applicable:
(a)
Land Use Board resolutions relating to the subject
premises and copies of any approvals upon which such Land Use Board
resolution may have been made contingent.
[Amended 3-20-2001 by Ord. No. 01-2]
(b)
Agreements between the applicant and the Washington
Township Sewerage Authority.
(c)
Warren County Board of Health well and/or septic
approvals.
(d)
Deed conveying title to applicant.
(e)
Such other documents which the Zoning Officer
may reasonably require to make a determination on an application for
a zoning permit.
E.
Records. The Zoning Officer shall maintain a permanent
record of all matters considered and all action taken by him. Such
records shall form a part of the records of his office and shall be
available for the use of the governing body and other officials of
the Township, county or state and for public inspection by appointment.
F.
Monthly report. The Zoning Officer shall prepare a
monthly report for the governing body. Said report shall cite all
actions taken by him, including all referrals made, all permits and
certificates issued and denied, all complaints of violations received
and all violations found by him in the action taken by him consequent
thereon. A copy of this monthly report shall also be transmitted by
the Zoning Officer to the Tax Assessor and Land Use Board at the same
time it is transmitted to the governing body.
[Amended 3-20-2001 by Ord. No. 01-2]
[Added 10-12-1988 by Ord. No. 88-16]
No structure shall be erected or altered until
a building permit, when required by the applicable Building Code Ordinance
of this Township or under state law, is obtained from the Building
Inspector. No structure or lot shall be used in violation of this
chapter. Prior to any change in principal use of land or structure
affected by the provisions of this chapter, where a building permit
is not required, a zoning permit shall be applied for and issued.
Applications for building permits shall be made to the Building Inspector
of the Township of Washington. Applications for a zoning permit shall
be made to the Zoning Officer of the Township of Washington.
[Amended 10-12-1988 by Ord. No. 88-16]
A.
Applicants for detached single-family dwellings. Each
application for a zoning permit for a permitted one-family dwelling
unit and accessory structures, buildings or uses related thereto shall
be made to the Zoning Officer. The Zoning Officer shall carefully
consider the application and all supporting documents and thereupon
make a determination of this application's compliance with the requirements
of this chapter. Based upon said determination, the Zoning Officer
shall either issue or deny the zoning permit for which application
was made. If the Zoning Officer denies the issuance of the zoning
permit, he shall state, in writing, to the applicant the reasons for
such denial. Each application made hereunder shall be accompanied
by a sealed survey plan of the lot, derived from the official Tax
Maps or other source of similar or greater accuracy, showing the following:
B.
Applications for a permitted use for all uses except
detached one-family dwellings. All such applications shall be made
to the Washington Township Land Use Board in accordance with the requirements
for site plan review.
[Amended 3-20-2001 by Ord. No. 01-2]
C.
Applications for variances and conditional uses. All such applications shall be made directly to the appropriate Board in accordance with the rules and procedures as provided in Chapter 64, Development Regulations.
Nothing in this chapter shall require any change
in the plans, construction, size or designated use of any building,
structure or part thereof for which any building permit has been granted
before the enactment of this chapter, provided that construction from
such plans shall have been started within six months after the enactment
of this chapter and shall be continuously and diligently pursued to
completion; otherwise, said permit shall be void.
[Amended 8-21-2007 by Ord. No. 2007-12]
A.
A certificate of occupancy must be obtained, pursuant
to the Uniform Construction Code[1] for all new constructions, reconstructions, alterations,
conversions or installations of a structure or building.
B.
No certificate of occupancy shall be issued until
all applicable requirements of the Uniform Construction Code and the
regulations adopted thereunder, the site plan, subdivision, and plot
plan have been complied with, including all underground utilities,
bituminous stabilized base course for the roadway, and grading within
six inches of approved finished grade which shall be shown on an as-built
survey certified by a New Jersey licensed land surveyor. Said as-built
grading survey shall not be a requirement for the issuance of a certificate
of occupancy for the construction of an addition to existing single-family
residences when said addition does not exceed 25% of the gross floor
area of the existing structure and does not require any bulk variance(s).
C.
A certificate of occupancy shall be issued when unfinished
site work, such as parking, landscaping, drainage and lighting, is
covered by a performance guarantee. The performance guarantee shall
be posted with the Township Committee in an amount and form approved
by the Township Engineer to ensure the completion of the unfinished
site work.
[Added 8-21-2007 by Ord. No. 2007-12]
A.
In extraordinary or exceptional situations, where
construction or alterations have been delayed due to weather or other
conditions beyond the owner's control, the Construction Official may
authorize the issuance of a temporary certificate of occupancy to
enable the use and occupancy during completion. No such temporary
permit shall be authorized if the use or occupancy would constitute
a health or safety hazard or would be detrimental to the public welfare.
A temporary certificate of occupancy must reflect the approximate
length of time needed to complete the work, as determined by the Construction
Official, in consultation with the appropriate subcode officials or
with the agency governing the incomplete approval, as appropriate,
but in no event shall it exceed three months from the issuance of
the temporary certificate of occupancy. A temporary certificate of
occupancy shall not be issued when any of the following items that
are part of a construction project have not yet been provided: health
and life-safety systems; sewer or septic system connection; water
supply connection or well certification; electric utilities connection;
gas utilities connection; new home warranty; rooming and boardinghome
license; elevation certificate in flood hazard plain; where required,
an accessible route must be provided, although the accessible route
provided under a temporary certificate of occupancy may be temporary;
or emergency vehicle access.
B.
No temporary certificate of occupancy permit shall
be authorized unless a performance guarantee shall be posted with
the Township Committee in an amount and form to be approved by the
Construction Official to insure the completion of all erection, construction,
alteration, repair or conversion and attendant requirements for which
application has theretofore been made.
[Amended 3-20-2001 by Ord. No. 01-2]
No sign shall hereafter be erected or altered
unless such sign conforms to the requirements of this chapter. Prior
to erecting or altering any sign permitted under this chapter, except
on a lot whose principal building is used as a detached dwelling,
an application by the owner or his authorized agent shall be made
to the Building Inspector for a sign permit. Such application shall
be made on forms to be supplied by the Building Inspector and shall
contain much information, sketches, plans and data as may be required,
by regulations of the Land Use Board, to determine that such sign
complies with the requirements of this chapter. Such application shall
be accompanied by a fee in the amount of $10 to reimburse the Township
for the cost of processing such application. The sign permit shall
be issued or denied within 30 days of the date that the completed
application is submitted to the Building Inspector.
[Amended 3-20-2001 by Ord. No. 01-2]
Temporary permits may be authorized by the Land
Use Board after a hearing for a period not to exceed one year for
nonconforming uses incidental to construction projects on the same
premises and including such uses as storage of building supplies and
machinery and the assembly of building materials. In addition, the
Land Use Board, after a hearing, may authorize a certificate of occupancy
for a dwelling house to be temporarily used as a sales and management
office for the sale of those homes within a subdivision, provided
that all of the following requirements are complied with:
A.
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 Land Use Board.
B.
Said house is of substantially similar design as those
houses to be sold within the subdivision.
C.
No business other than that accessory to the management
and sales of the lands owned by the applicant shall be permitted.
D.
Said dwelling house shall meet all other zoning restrictions
of the zone in which it is located.
E.
The temporary certificate of occupancy, issued under
this section shall be for no longer than a one-year period. However,
such permit may be renewed by the Land Use Board annually, after a
hearing.
A.
Nothing in this chapter shall prevent the restoration
of a nonconforming building partially destroyed by fire, explosion,
act of God or act of public enemy, provided that any nonconforming
building that is partially destroyed in the manner aforesaid may be
reconstructed and thereafter used only in such a manner as to not
further violate the reasons for nonconformity. Any building that is
nonconforming because of use and that is totally destroyed in the
manner aforesaid may be rebuilt only as a conforming use. Any building
that is nonconforming because of height, area or yard requirements
and that is totally destroyed may be rebuilt only if the height, area
or yard requirements of this chapter are met. In the event that it
is physically impossible to meet the height and area or yard requirements
of this chapter, said building may be rebuilt, provided that the nonconforming
height and area or yard requirements are not further violated.
B.
Any nonconforming use that is partially destroyed
as mentioned above must apply for a building permit to rebuild the
nonconforming use within 12 months from the time of destruction. If
the application to rebuild the nonconforming use is filed after the
above-mentioned twelve-month period, a building permit will be issued
for a conforming use only. Nothing in this chapter shall prevent the
restoration of a wall declared unsafe by the Building Inspector.
A.
Whenever the term "Land Use Board" is used in this
chapter, it shall be deemed and taken to mean the proper municipal
agency to review or approve the particular application for development
involved, pursuant to the Municipal Land Use Law and the Washington
Township Development Regulations Ordinance (1977),[1] notwithstanding the actual wording of this chapter.
[Amended 3-20-2001 by Ord. No. 01-2]
B.
Whenever the terms "special exception," "special exception
use" or "special exception use permit" are used in this chapter, they
shall be deemed and taken to mean "conditional use" or "conditional
use permit," pursuant to the Municipal Land Use Law and the Washington
Township Development Regulations Ordinance (1977), notwithstanding
the actual wording of this chapter.
This chapter may be amended from time to time
by the Township Committee after the appropriate referrals, notices,
hearings and other requirements of law.
A.
Any person, firm or corporation that shall violate
any provisions of this chapter shall, upon conviction thereof by any
court authorized by law to hear and determine the matter, be fined
such sum not exceeding $500, as such court, in its discretion, may
impose or, if the party so convicted is a natural person, such person
may be imprisoned for such term not exceeding 90 days as such court,
in its discretion, may impose, or be fined a sum not exceeding $500,
as such court, in its discretion, may impose, or such natural person
may be both imprisoned and fined not exceeding the maximum limits
set forth herein, as such court, in its discretion, may impose.
B.
Each day that such violation exists shall constitute
a separate offense.
C.
The owner of any building or structure, lot or land
or part thereof and/or the tenant or occupant of any building or structure,
lot or land or part thereof, where anything in violation of this chapter
shall be placed or shall exist or be suffered, allowed or permitted
to exist, and any architect, builder, developer, contractor, agent,
person or corporation engaged in connection therewith and who assists
in the commission of any such violation, shall each be guilty of a
separate violation and, upon conviction thereof, shall each be liable
to the fine or imprisonment, or both, specified above.
D.
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.
