A.
No building shall hereafter be erected or used and no existing building shall be moved, structurally altered, added to, enlarged or rebuilt nor shall any land be designed, used or intended to be used for any purpose other than those enumerated among the permitted uses in §§ 186-8 through 186-17 and in conformity with all other applicable provisions of and regulations contained in this chapter. No open space contiguous to any building shall be encroached upon or reduced in any manner except in conformity with the yard, lot area, building location, percentage of lot coverage, off-street parking space and all other regulations contained in this chapter for the zone in which such building or space is located. In the event of such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter and the certificate of occupancy for such building shall thereupon become null and void.
B.
In addition to all requirements of state law, every principal building shall be built upon a lot with frontage upon a public street and issuance of certificates of occupancy shall be subject to the provisions of § 186-42C of this chapter. The front facade of the principal building shall face such public street.
[Amended 3-1-2005 by Ord. No. 1489]
C.
The off-street parking space specified in Article VI of this chapter shall be provided along with all necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated and shall not thereafter be encroached upon or reduced in any manner.
D.
Any accessory building attached to the main building
shall comply in all respects with the requirements of this chapter
applicable to the main building.
E.
Corner lots shall meet the minimum front yard requirements
in the respective zones for their frontage upon intersecting streets.
F.
No yard or other open space provided about any building
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for any other building,
and no yard or other open space on any lot shall be considered as
providing a yard or open space for a building on any other lot.
G.
No lot shall have erected upon it more than one residential
building except as hereinafter provided.
H.
Except for basement and swimming pool excavation and any excavation or soil removal necessary for the construction of improvements required by any site plan or major subdivision approved by the Planning Board or Board of Adjustment of the Township, no person, firm or corporation shall excavate, remove or fill more than 100 cubic yards of soil from a lot without obtaining a soil removal permit in the manner provided for in § 186-36B. Except as provided above, no person, firm or corporation shall excavate, remove or fill less than 100 cubic yards of soil from a lot without having permission for such excavation or removal from the Township Engineer, and the Township Engineer shall issue such a permit unless a soil erosion, drainage, soil fertility, lateral support or other problem would result from the removal or excavation. For the purpose of this chapter, the term "basement excavation" contemplates excavation which is incidental to the erection of a structure forthwith on the lot, and the word "soil" shall be liberally construed and shall include, but not limited to, earth, rock, sand, gravel, loam, clay, etc.
[Amended 6-18-1985 by Ord. No. 958]
I.
The commercial outdoor parking or storage of motor
vehicles is prohibited, i.e., the outdoor parking or storage of motor
vehicles for profit.
J.
Where a lot has frontage upon a street which appears
on the Master Plan or Official Map of the Township of Wyckoff and
a right-of-way widening is contemplated, the required front yard depth
shall be measured from such proposed right-of-way line as it appears
on the Master Plan or Official Map.
K.
Except for garages and private swimming pools in residential zones, accessory buildings shall be located only in the rear half of the lot and shall occupy not more than 40% of the required rear yard area. (The limitations imposed by this subsection shall not apply to an accessory building which is attached to its principal building by a covered passageway or which has one wall or part of one wall in common with it. Such attached building shall be subject to all the yard requirements applicable to the principal building. See § 186-22D.)
[Amended 11-15-1982 by Ord. No. 885]
L.
The front wall of a detached garage or the front sidewall thereof and/or a private swimming pool shall be located on a line with or to the rear of the sides of the principal building facing either intersecting street, provided that said garage and/or pool is located in accordance with general dimension requirements as per Article IV, § 186-21B.
[Amended 8-20-1985 by Ord. No. 966]
M.
No accessory building shall be erected on or moved
to a lot unless there is an existing principal building thereon.
N.
Construction trailers shall not be parked out of doors
except for construction trailers used for office purposes in connection
with construction work in the B-1, B-1A, B-2, B-3, B-5, B-5/SDAH-2,
L-1 and L-2 Zones where the trailers are parked on the premises and
where the work is being done during the period of construction.
[Amended 1-17-2006 by Ord. No. 1519; 8-18-2015 by Ord. No. 1780]
O.
Miscellaneous regulations.
(1)
The keeping of animals which either annoy, disturb,
injure or endanger the comfort, repose, health, peace or safety of
others is prohibited.
(2)
Animal hospitals are prohibited.
(3)
Commercial kennels, including kennels for breeding
or boarding, are prohibited.
(4)
Slaughter and commercial reduction of inedible animal
matter is prohibited.
(5)
Farm animals, including poultry, shall be confined
within property lines, and pigeons, except homing pigeons, shall be
confined to appropriate enclosures.
(6)
Only products grown on the premises may be sold from
farmers' roadside stands and these stands shall be removed at the
end of the growing season.
(7)
No occupation, trade, business, service or industry
for profit shall be conducted within a private garage.
P.
No accessory building shall be occupied for residential
purposes.
[Amended 3-18-1986 by Ord. No. 981]
Q.
On corner lots and except for garages and private
swimming pools in residential zones, accessory buildings shall be
located only on the rear half of the property and shall be located
only in the fourth of the lot furthest removed from any street.
[Amended 11-15-1982 by Ord. No. 885]
R.
Whenever a buffer strip is required by this chapter,
it shall be maintained and the planting shall be replaced if it dies.
S.
Drive-in restaurants, curb-service restaurants and
all other eating places serving food for consumption on the premises
but outside an enclosed building are prohibited, and outside service
counters, service windows and other means of servicing patrons outside
a restaurant, tavern or eating place are prohibited; provided, however,
nothing contained in this subsection shall be deemed to prohibit the
sale of food or refreshments or refreshment stands at authorized fairs,
carnivals and the like.
[Amended 9-7-2004 by Ord. No. 1477]
T.
Excavation and soil removal.
[Amended 9-7-2004 by Ord. No. 1477[1]]
(1)
Application for soil removal permits shall include
a reasonably accurate drawing of the lot from which the soil is proposed
to be removed. The application shall indicate the proposed quantity
of soil to be excavated and removed and shall also contain the following
information and shall be certified as to accuracy by a licensed engineer:
(a)
Existing and proposed contour lines at appropriate
intervals.
(b)
A description of the existing natural growth
and any topographic or geologic features which may characterize the
property.
(c)
Natural drainage features.
(d)
The location of any existing or proposed structures
on the property.
(e)
A detailed statement of the method or process
to be employed for the excavation and the proposed time period for
the removal.
(f)
Such additional information as reasonably may
be required by the Township Engineer or Planning Board in order to
carry out the intent of this Chapter.
(2)
Particular consideration shall be given to the following
factors:
(3)
Special findings. The Planning Board shall not recommend
and no soil removal permit shall be granted unless there is a finding
that adequate provision is made for the following:
(a)
There is appropriate provision for safety, including
appropriate access points for the area to be excavated.
(b)
The excavation will not unreasonably denude
the property and the excavated area will be appropriately replanted
after the soil removal.
(c)
The excavation will not cause excessive erosion
or deleteriously affect soil fertility.
(d)
Adequate provision shall be made to prevent
any surface waters from damaging the surface of the excavation or
the sloping surface of a cut or fill and otherwise adequate provisions
have been made for surface and subsurface drainage.
(e)
The excavation shall not be made so close to
a property line as to damage or endanger any adjoining property.
(f)
Grades and elevations of adjoining streets and
lands shall not be adversely affected, and such other factors as may
relate to appropriate physical development of the Township and the
Master Plan shall be considered and provided for.
(g)
Excavation will not extend over an unreasonable
period of time, and a prerequisite to the issuance of a permit for
such soil removal shall be the filing with the Township of an appropriate
surety bond for the benefit of the Township and any person suffering
loss or injury by reason of any violation of applicable laws, ordinances
or the conditions imposed in connection with the granting of such
a soil removal permit.
U.
No business or commercial establishment to which the public is invited shall be open between the hours of 1:00 a.m. and 5:00 a.m., Eastern standard time. The above prohibition shall not apply to the limited sales by a commercial establishment of medicine, prescription drugs, first aid products, or infant care products. No other products, goods or services may be sold by the commercial establishment during such hours. In addition, the above prohibition shall not govern establishments with a plenary retail consumption license which operates a restaurant upon the licensed premises, which shall be governed by Chapter 82, § 82-4.
[Added 2-15-2011 by Ord. No. 1635; amended 6-21-2016 by Ord. No. 1803]
V.
No individual,
firm, corporation or business entity shall transport snow to or store
snow on property other than the property on which the snow originated.
However, an owner of property within Wyckoff may transport snow from
such property onto another Wyckoff property under the same ownership.
Notwithstanding the above, the Township of Wyckoff and all governmental
agencies shall have the right to transport the snow removed from the
public rights-of-way.
[Added 7-15-2014 by Ord.
No. 1746]
W.
Where
a newly proposed street abuts an adjacent residential developed parcel,
there shall be a minimum buffer of 50 feet located between the residential
parcel and the nearest curbline or edge of the newly proposed street.
[Added 2-20-2018 by Ord.
No. 1848]
X.
All classes
of cannabis establishments, cannabis distributors and/or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16, are hereby prohibited in all zoning districts, except for the
delivery of cannabis items and related supplies by a cannabis delivery
service based and initiated from outside the Township of Wyckoff.
[Added 7-17-2018 by Ord.
No. 1860; amended 7-20-2021 by Ord. No. 1941]
A.
Private garages.
[Amended 3-6-1984 by Ord. No. 917; 12-30-1985 by Ord. No.
973; 4-15-1986 by Ord. No. 986]
(1)
There shall be erected with every dwelling at least
a one-car garage which may be attached to, detached from, or constructed
beneath the dwelling. Such garage shall be limited only to any of
the following uses:
B.
Storage sheds. Upon lots in residential zones containing
single- and two-family residences, one detached, fully enclosed storage
shed shall be permitted in addition to other permitted accessory buildings.
Such storage sheds shall be limited to a maximum floor area of 80
square feet, a maximum height of 10 feet and shall be located in accordance
with the following requirements:
[Added 6-19-1990 by Ord. No. 1099[1]]
(1)
On an interior lot fronting on only one street, such
storage shed shall be located on the rear half of the lot.
(2)
On interior lots fronting on two or more streets,
such storage shed may not be located on that fourth of the lot depth
nearest each and every street.
(3)
On a corner lot fronting on two streets, such storage
shed shall be located on that quadrant located furthest from the two
streets.
(4)
On a corner lot fronting on three streets, such storage
shed may not be located upon that fourth of the lot depth nearest
each and every street.
(5)
No such storage shed shall be located within six feet
of the rear or side lot line.
(6)
No such storage shed shall be used for human habitation.
(7)
No storage shed shall be erected or constructed unless
a shed zoning permit is first obtained.
[Added 11-20-2000 by Ord. No. 1363]
C.
Private swimming pools and tennis courts.
[Added 11-15-1982 by Ord. No. 885; amended 6-13-1989 by Ord. No.
1068]
(1)
Private swimming pools for use by the residents and
guests are permitted accessory uses in all residential zones. No floodlights
or lights shall be used or maintained in connection therewith in such
a manner as to create a direct glare visible outside the boundaries
of the lot upon which the pool is constructed. Every person owning
land on which there is situated a swimming pool which contains 24
inches or more of water in depth at any point shall erect and maintain
an adequate enclosure, either surrounding the property or pool area,
sufficient to make such body of water inaccessible to small children.
All gates and fences must comply with the standards and requirements
of the Uniform Construction Code of the State of New Jersey.
[Amended 7-20-2010 by Ord. No. 1626]
(2)
Tennis courts, when used exclusively for private residential
purposes only, are permitted accessory uses in residential zones,
provided that they shall be located to the rear of the principal building
and shall be a minimum distance of 20 feet from the rear and side
lot lines. In all instances on corner lots, tennis courts shall not
be located any closer than 35 feet from either street. Chain-link
fences may be erected in connection with tennis courts, but in no
case, more than 10 feet in height nor closer than 20 feet to the side
and rear lot lines, and further provided that illuminating lights
may be installed if they comply with the following requirements:
(a)
Twenty feet from the rear and side lot lines
and no closer than 40 feet to the nearest residential dwelling.
(b)
At all times, the lighting intensity at the
property lines shall be a maximum of 0.15 footcandle. This measurement
shall be conducted in accordance with generally accepted engineering
standards, and the measurement shall include and be the sum of the
combined illumination of the tennis court lighting, other lighting
on or off the property and lighting from any natural light sources.
(c)
Lighting on tennis courts shall not be permitted
after 10:00 p.m., except on Friday and Saturday evenings, when lighting
will be permitted until 11:00 p.m.
(d)
Fixtures shall be of a type and shall be mounted
and shielded in such a manner so as to prevent the light source from
being visible off the property.
(e)
The mounting height of lighting fixtures shall
not exceed 25 feet or the height of the principal building, whichever
is less.
D.
No commercial vehicle may be parked outdoors on private
property in any residential zone at any time between the hours of
1:00 a.m. and 5:00 a.m.
[Amended 9-21-1993 by Ord. No. 1177; 2-10-1998 by Ord. No.
1279]
E.
No unlicensed or partially dismantled motor vehicle
may be parked out of doors on private property in a residence district
for more than 72 hours.
F.
In the B-1, B-2 and B-3 Zones, the total width of
access driveways shall not exceed 40% of the minimum lot frontage
as specified in the schedule of permitted uses and dimensional requirements
attached hereto. However, in the B-1A Zone, the total width of access
driveways shall not exceed 40% of actual frontage for any lot which
has no interior-block parking; in the B-1A Zone for lots which have
access to interior-block parking, access shall be limited to the points
designated in the design of the interior lot.
G.
In the B-1, B-2 and B-3 Zones where the rear of any
developed lot is adjacent to a public street, the rear shall be screened
from public view by a buffer strip. (See definition of "buffer strip"
for requirements of same.) However, in the B-1A Zone, there shall
be a ten-foot planting strip where rear of any developed lot or street
side of any corner lot abuts a public street.
H.
In the B-1, B-2 and B-3 Zones, all developed lots
shall be suitably landscaped and planted for a depth of at least 10
feet along the front property line and along any side line which is
adjacent to a public street. However, in the B-1A Zone on all developed
lots, the entire front yard shall be suitably landscaped for a depth
of 20 feet from the front property line.
I.
In the L-1 and L-2 Zones, off-street parking areas
shall be provided in other than the front yard required in the schedule
of permitted uses and dimensional requirements attached hereto. Those
portions of the front, side and rear yards that are not used for off-street
parking shall be attractively planted with trees, shrubs, plants and
grass lawns as required by the Planning Board and Shade Tree Commission.
J.
In the B-1A Zone, off-street parking areas may not
be located in any front yard nor closer than 2 1/2 feet to any
rear lot line nor closer than five feet to any side lot line.
K.
All developed lots in the B-1, B-2, B-3, B-5, B-5/SDAH-2,
L-1 and L-2 Zones which are adjacent to a residential zone shall be
insulated and screened from such residential zone by a buffer strip.
(See definition of "Buffer Strip" for requirements of same.) However,
in the B-1A Zone where a nonresidential use abuts a residential use,
the abutting lot line must contain a planting strip or a six-foot
high stockade fence abutting the property line.
[Amended 4-17-1979 by Ord. No. 795; 1-17-2006 by Ord. No.
1519]
L.
Outdoor display or storage of products, merchandise,
or other goods within the B-1, B-1A, B-2, B-3, B-5, B-5/SDAH-2, L-1,
and L-2 Zones.
[Amended 11-16-2015 by Ord. No. 1785]
(1)
Within
the B-1, B-1A, B-2, B-3, B-5, B-5/SDAH-2, L-1, and L-2 Zones, there
shall be no outdoor display or storage of products, merchandise, or
other goods. Notwithstanding the preceding sentence, the following
will be permitted:
[Amended 8-2-2016 by Ord.
No. 1808]
(a)
The display of live plants between the hours of 7:00 a.m. and 6:00
p.m.
(b)
Seasonal decorations that do not include products or merchandise
for sale, for no more than 30 consecutive days.
(c)
The display of merchandise in connection with special sales, up to
six consecutive days and no more than five times per year, within
the hours of 7:00 a.m. and 6:00 p.m., upon the submission and approval
of a written application to the Township Committee.
(d)
The display of outdoor decorative items for sale, located in the
rear yard and outside of any parking areas.
(2)
With
respect to displayed items as permitted above, an unobstructed paved
surface for pedestrian traffic, at least six feet wide, shall be maintained
upon any private sidewalk or sidewalk within the public right-of-way.
M.
In the L-1 and L-2 Zones, there shall be no shipping
or receiving of products, merchandise or other goods between 10:00
p.m. and 7:00 a.m., prevailing time.
N.
In the B-1, B-1A and B-2 Zones, the outdoor display
of more than three new or used motor vehicles and the outdoor storage
of new or used motor vehicles within the public view are prohibited.
O.
In the B-1 and B-1A Zones, mixed commercial-residential
uses shall be permitted on a lot, provided that it shall be limited
to a single building, and provided further that the residential use
must be limited to two in number and located on the second floor.
The term "floor," for the purposes of this provision, shall mean the
cubic area within any room or area in the building, extending from
the bottom horizontal plane surface in such room or area upon which
a person may walk, to the ceiling of such room or area. For purposes
of limiting the density of residential and parking usages in this
zone, the height of any floor shall not be greater than nine feet,
and no floor above the second floor in any building in this zone shall
be used for anything other than as a storage attic. No bedroom, living
room or area, bathroom or other similar facility intended for human
habitation or use shall be located or used on the third or any higher
floor in any building in this zone.
[Added 10-7-1980 by Ord. No. 830; amended 12-19-1989 by Ord. No.
1080; 10-7-2014 by Ord. No. 1751]
P.
Maximum impervious coverage. The maximum allowable
coverage for the combined building and impervious surface area for
single-family and two-family residential lots shall be determined
as follows:
[Added 2-19-2008 by Ord. No. 1576]
(1)
For lots less than 10,000 square feet in area, the
maximum percentage of allowable impervious coverage shall be 45% of
the lot area.
(2)
For lots over 25,000 square feet in area, the maximum
percentage of allowable impervious coverage shall be 28.5% of the
lot area.
(3)
For lot areas between 10,000 square feet and 25,000
square feet in area, the maximum percentage of allowable impervious
coverage shall be equal to 45 divided by the square root of the lot
area.
A.
Performance standards for L-1 and L-2 Zones.
(1)
Applications for all building permits and certificates
of occupancy in L-1 and L-2 Light Industry Zones shall not be considered
until the Zoning Officer receives a complete application for a zoning
permit and reviews said application and approves a zoning permit.
The applicant shall submit a complete zoning permit application on
forms provided by the Zoning Officer and attach the property's approved
site plan. Such application shall include a description of the proposed
machinery, operation and products, and an affidavit by the applicant
acknowledging his understanding of the applicable performance standards
and agreement to conform to such standards at all times. No construction
permit or certificate of occupancy shall be issued by the Construction
Official until the Zoning Officer determines that a zoning permit
has been issued. No zoning permit shall be issued nor shall any construction
permit or certificate of occupancy be issued unless the Zoning Officer
has ascertained that the performance standards set forth in the Land
Subdivision and Site Plan Review Ordinance[1] and this chapter have been complied with. If there is
any reasonable doubt as to the likelihood of the intended use conforming
to the performance standards, the Zoning Officer shall request a deposit
of $500 to be submitted, which will be used to defray the cost of
the special reports required for processing. The Zoning Officer shall
refer the application for investigation and report to one or more
experienced consultants selected by the Township Committee as qualified
to advise on conformance with the required performance standards.
Such consultants shall make their report within 30 days after their
receipt of such application. A copy of such report shall be promptly
furnished to the applicant.
[Amended 10-2-2001 by Ord. No. 1399]
(2)
Performance standards. Every use in the L-1 and L-2
Zones shall meet the following minimum standards, and the applicant
shall, upon request, furnish reports prepared by competent technical
experts on any or all of the following:
(a)
Sound. The sound-pressure level of sound radiated
from an establishment shall not at any point on the lot line exceed
the values in any octave band of frequency that are specified in Table
I below, or in Table I as modified by the correction factors set forth
in Table II below. The sound-pressure level shall be measured with
a sound-level meter and an associated octave band analyzer conforming
to standards prescribed by the American Standards Association.
|
Table I
Maximum Permissible Sound-Pressure Levels
Measured re 0.0002 dyne per CM2
| |
|---|---|
|
Frequency Band
(cycles per second)
|
Decibels
|
|
20 - 75
|
74
|
|
75 - 150
|
59
|
|
150 - 300
|
52
|
|
300 - 600
|
46
|
|
600 - 1,200
|
42
|
|
1,200 - 2,400
|
39
|
|
2,400 - 4,800
|
35
|
|
4,800 - 10,000
|
32
|
|
Table II — Correction Factors
| |
|---|---|
|
Condition
|
Correction in Decibels
|
|
On a site contiguous to or across a street from
the boundary of any residence district established by this chapter
or the Zoning Ordinance of any other municipality
|
Minus 5
|
|
Operation between the hours of 10:00 p.m. and
7:00 a.m.
|
Minus 5
|
|
Sound of impulsive character (e.g., hammering)
|
Minus 5
|
|
Sound of periodic character (e.g., hum or screech)
|
Minus 5
|
|
Sound source operated less than:
| |
|
10% in any one-hour period
|
Plus 5*
|
|
2% in any one-hour period
|
Plus 10*
|
|
* NOTE: Apply only one of these corrections.
All other corrections, including any of the starred corrections, are
cumulative.
|
(b)
Vibration. No vibration shall be produced which
is transmitted through the ground and is discernible without the aid
of instruments at any point beyond the lot lines on which the use
causing the vibration is located. At the lot line the maximum peak
acceleration in g units caused by or resulting from any use shall
be less than 0.005 V f. No vibration at any time shall result in any
combination of amplitudes and frequencies at or beyond the lot line
or on any structure beyond the lot line that exceeds the value as
determined by the maximum acceleration as computed above and from
Table 7, United States Bureau of Mines Bulletin 442.
(c)
Smoke. There shall be no emission into the atmosphere
from any operation of visible gray smoke of a shade darker than No.
2 on the Ringelmann Smoke Chart as published by the United States
Bureau of Mines. These provisions applicable to visible gray smoke
shall also apply to visible smoke of any other color but with an equivalent
apparent opacity. The use of Bunker C fuel oil is prohibited.
(d)
Other air pollutants. There shall be no emission
of fly ash, dust, dirt, fumes, vapors or gases into the atmosphere
from any operation to any extent that could cause any damage to adjacent
properties or to the public health or to animals or vegetation or
to other forms of property, or which could cause any excessive soiling
at any point; and in no event shall there be any such emission of
solid or liquid particles in concentrations exceeding 0.3 grains per
cubic foot of the conveying gas or air, nor of acid gases in excess
of 0.2% by volume. For measurement of the amount of particles in gases
resulting from combustion, standard corrections shall be applied to
stack temperatures of 500° F. and 50% excess air.
(e)
Odor. There shall be no emission of odorous
gas or any other odorous material beyond the property lines of the
property on which the use is located.
(f)
Radioactivity. There shall be no radioactive
emission beyond the confines of any building or structure. Any use
of radioactive materials shall comply with Standards for Protection
Against Radiation as formulated by the Atomic Energy Commission and
set forth in the Federal Register, Title 10, Part 20 (January 29,
1957).
(g)
Electrical interference. There shall be no electrical
disturbance adversely affecting the operation of any equipment other
than that of the creator of such disturbance.
(h)
Glare. There shall be no direct or sky-reflected
glare, whether from floodlights or from high-temperature processes
(for example, combustion or welding), so as to be visible from within
any residential district established by this chapter or by the Zoning
Ordinance of any other municipality.
(i)
Waste. Liquid wastes and effluents shall be
discharged into a treatment plant which complies with all state and
local health requirements.
B.
Scope of performance standards. Within the L-1 and
L-2 Zones, lands, buildings and structures may only be used in accordance
with the performance standards set forth above, and buildings and
structures established prior to the adoption of this chapter and nonconforming
industrial uses in any district shall be deemed to be subject to the
performance standards set forth above.
C.
Enforcement of performance standards. It shall be
the duty of the Zoning Officer to enforce the performance standards
provided for above. The Zoning Officer shall have the right to make
reasonable inspections of any premises in order to carry out his duties
and the right to enter any building during the daytime or any other
time of operation in the course of his duties. He shall order in writing
that any conditions found to exist in violation of this chapter be
remedied. It is recognized that enforcement of the performance standards
may require the use of special personnel and/or equipment, and the
Township Committee shall make available to the Zoning Officer the
necessary expert personnel and/or equipment if in his considered judgment
there is a possible violation of the performance standards. However,
if there is reasonable doubt in the Zoning Officer's mind regarding
a violation, and in order to prevent arbitrary, capricious and unreasonable
administration and enforcement of the performance standards, the Zoning
Officer may, in his discretion, serve written notice, by registered
or certified mail, on any person, firm or corporation suspected of
violating the performance standards. Such notice shall describe the
suspected violation and shall require a satisfactory answer and/or
correction within a time limit set by the Zoning Officer, not to exceed
30 days. If a satisfactory answer is not received or satisfactory
corrective action is not taken within the prescribed time, the Zoning
Officer shall forthwith take all necessary action to determine whether
there is a violation of the performance standards and to enforce this
chapter without further delay. If there is an answer to the written
notice served by the Zoning Officer within the prescribed time and
corrective measures are proposed by the person, firm or corporation
violating the chapter, the Township Committee may allow such period
of time as is reasonable under the circumstances for completion of
the corrective measures.
[Amended 10-2-2001 by Ord. No. 1399]
[Amended 10-2-2001 by Ord. No. 1399]
A.
If it is necessary for the Zoning Officer to cause
expert findings to be made in connection with a violation of the performance
standards and if the expert or experts, as the case may be, find that
a violation exists, then the cost of the expert's services shall be
paid by the violator upon written demand therefor by the Township
Committee. However, if the experts find that this chapter is not being
violated, then the cost of the expert's services shall be paid by
the Township.[1]
