The duty of administering and 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.
A.Â
It shall be the duty of the Zoning Officer or his duly authorized
assistants to cause any plans, buildings or premises to be examined
or inspected to determine that they are not in violation of the provisions
of this chapter. He shall have the right to enter any building or
premises during the daytime in the course of his duties.
B.Â
Where the Zoning Officer, in the course of his duties, determines
that any plans, buildings or premises are in violation of the provisions
of this chapter, he shall order the responsible party, in writing,
to remedy such conditions. Said written order shall specify the nature
of the violation found to exist, the remedy ordered and the time permitted
for such action, the penalties and remedies which may be invoked by
the Township and the violator's rights of appeal; all as provided
for by this chapter and the laws of the State of New Jersey.
[Amended 5-26-1969 by Ord. No. 1969-5]
C.Â
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 Township Council and other officials of the Township, county
and state. The records to be maintained shall include at least the
following:
[Amended 12-10-2001 by Ord. No. 2001-12]
(1)Â
Application file. An individual permanent file for each application
for a permit provided for by this chapter shall be established at
the time the application is made. Said file shall contain one copy
of the application and all supporting documents, maps and plans; notations
regarding pertinent dates and fees, and the like, as appropriate;
one copy of the resolution of the Land Use Planning Board in acting
on the application; and the date the permit applied for was issued
or denied by the Zoning Officer.
(2)Â
Monthly report. The Zoning Officer shall prepare a monthly report
for the Township Council. Said report shall cite all actions taken
by the Zoning Officer, including all referrals made by him; all permits
and certificates issued and denied; and all complaints of violations
received and all violations found by him and 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 Planning Board
at the same time it is transmitted to the Township Council.
[Amended 5-26-1969 by Ord. No. 1969-5]
The certificates and permits enumerated herein are hereby established
for the equitable enforcement and administration of the provisions
of this chapter. When a project is the subject of an application for
relief, under this chapter, a zoning permit, temporary use permit
or conditional use permit shall be a prerequisite to application for
a building permit under the Building Code.[1] However, it is to be noted that none of the enumerated
permits shall be considered a prerequisite to the issuance of a building
permit for alterations, repairs, remodeling, application of siding
or roofing, etc., which does not make any change in the legitimate
use of a building nor change its dimensions in relation to the area
of lot occupied and call for no relief or handling under this chapter.
A.Â
Zoning permit. The Zoning Officer is hereby empowered to issue a
zoning permit for any plans regarding the construction or alteration
of any building or part of any building, or the change in the use
of any land or building or part thereof, where he shall determine
that such plans are not in violation of the provisions of this chapter.
B.Â
Temporary use permit. Upon written direction of the Land Use Planning
Board, the Zoning Officer is hereby empowered to issue a temporary
use permit. A temporary use permit shall only be effective for a period
not to exceed six months; such permit may be extended by the Zoning
Officer not more than once for an additional period not to exceed
six months.
[Amended 12-10-2001 by Ord. No. 2001-12]
C.Â
Conditional use permit. Upon written direction of the Land Use Planning
Board, the Zoning Officer is hereby empowered to issue any conditional
use permit provided for by this chapter.
[Amended 12-10-2001 by Ord. No. 2001-12]
D.Â
Certificate of occupancy. The Zoning Officer is hereby empowered
to issue a certificate of occupancy which shall certify that all provisions
of this chapter have been complied with in respect to the location
and use of the building, structure or premises in question.
[Amended 12-10-2001 by Ord. No. 2001-12]
A.Â
All applications for zoning permits shall be made to the Zoning Officer in the detail specified in § 540-82 of this chapter. Where the proposed use is a residential use in a residential or agricultural zone (not including cluster residential developments), the Zoning Officer shall carefully consider the application and supporting documents for compliance with this chapter and either issue or deny the zoning permit applied for. When the application is for any other use in any zone, the Zoning Officer shall, prior to the issuance of any permit, refer one copy of such plans, drawings and statements to the Land Use Planning Board and one copy to the Township Engineer for their review and recommendations. The Land Use Planning Board shall determine that the proposed site plan and structures will compare favorably with community standards, other neighborhood improvements and the properly intended and planned appearance throughout any street or neighborhood.
B.Â
The Land Use Planning Board shall, within 30 days after receipt of
said material, approve or disapprove the proposed development or construction.
In the event of disapproval, the reasons shall be stated clearly to
the Zoning Officer in writing. The Zoning Officer shall deny a zoning
permit for the proposed construction until such conditions as the
disapproval is based upon have been corrected and written approval
of the Land Use Planning Board is obtained. The absence of a reply
from the Land Use Planning Board within the thirty-day period shall
constitute approval, and the Zoning Officer shall proceed on the basis
of such approval.
[Amended 12-10-2001 by Ord. No. 2001-12]
A.Â
All applications for temporary use permits and conditional use permits
shall be made to the Zoning Officer. The Zoning Officer, after determining
that an application is in the proper form, shall transmit one copy
of the application and all supporting documents to the Secretary of
the Land Use Planning Board for referral to the Board for action thereon
and for an evaluation of the proposed use and its relationship and
conformity to the goals and objectives and policies established by
the Township Master Plan.
B.Â
The Land Use Planning Board shall review the application and, within
30 days after the receipt of such application, make a written report
setting forth its findings and recommendations concerning the application.
In making its recommendations, the Land Use Planning Board may suggest
any revision to the site plan or other plans as will, in its opinion,
cause the proposed use to be in substantial conformance with the Master
Plan and its principles of land use and development.
C.Â
The Land Use Planning Board shall conduct a public hearing on applications
referred to it by the Zoning Officer in accordance with the procedures
and requirements established elsewhere in this chapter. Within 30
days from the date of such public hearing, the Land Use Planning Board
shall, by resolution, either approve or disapprove the application
so heard. In approving an application, the Board may impose any modifications
or conditions it deems necessary to carry out the intent of this chapter
or to protect the health, safety or general welfare of the public.
(1)Â
If an application is approved by the Land Use Planning Board, the
Zoning Officer shall be furnished with a copy of the approving resolution
of the Board, and he shall issue the permit applied for in accordance
with the conditions imposed by the Land Use Planning Board.
(2)Â
If any application is disapproved by the Land Use Planning Board,
the reasons for such denial shall be set forth in the Board's resolution,
and a copy of such resolution shall be transmitted to the Zoning Officer.
The Zoning Officer shall deny the application accordingly by providing
the applicant with a copy of the Board's reasons for disapproval.
(3)Â
The Zoning Officer shall transmit one copy of all approved and denied
applications to the Land Use Planning Board and one copy of all approved
applications to the Township Assessor.
[Amended 12-11-2000 by Ord. No. 2000-10]
Following the completion of the construction, reconstruction
or alteration of any building, or where a change in the use of a structure
is proposed, the applicant shall transmit, by registered mail to the
Zoning Officer, a letter stating that such construction has been completed
or that a new use has been proposed. Within seven days of the receipt
of this letter, the Zoning Officer shall make all necessary inspections
of the completed structure and proposed use to determine the conformance
with this chapter. A certificate of occupancy shall be issued only
if the Zoning Officer finds that the construction and proposed use
comply with all the requirements and provisions of this chapter. No
certificate shall be issued unless the issuing official receives a
sealed survey or a copy of a sealed survey.
Each application for a zoning permit, temporary use permit or
conditional use permit shall be made in triplicate and with an accompanying
site plan. The materials to be submitted with each application shall
clearly show the conditions on the site at the time of the application,
the features of the site which are to be incorporated into the proposed
use or building and the appearance and function of the proposed use
or building. As a minimum, the application shall include the following
information and plans for both before and after conditions:
A.Â
The location, use, design, dimensions and height of each use and
building.
B.Â
The location and arrangement of vehicular accessways and the location,
size and capacity of all areas used for off-street parking, loading
and unloading.
C.Â
The location and dimensions of sidewalks, walkways and other areas
established for pedestrian use.
D.Â
The design and treatment of open areas, buffer areas and screening
devices maintained, including dimensions of all areas devoted to lawns,
trees and other landscaping devices.
E.Â
Provisions for water supply, sewage disposal and storm drainage.
F.Â
Sufficient data to indicate the traffic and congestion likely to
be produced by the proposed use.
G.Â
Such other data and plans as the Zoning Officer or the Land Use Planning
Board may require to properly take action on the application.
[Amended 12-10-2001 by Ord. No. 2001-12]
[Added 9-25-1984 by Ord. No. 1984-13]
A.Â
Application procedure.
(1)Â
Generally, while not specifically required under the Municipal Land
Use Law,[1] the Township has determined that a procedure should be
established whereby an applicant may apply through proper Township
procedures for rezoning of property. In accordance with the standards
hereinafter established, an applicant is required to submit documentary
evidence and proofs which will indicate the necessity for and appropriateness
of rezoning. Rezoning is a legislative act in the sole discretion
of the Township Council. The Township, however, is establishing a
procedure whereby the Township Council may obtain sufficient information
in order to make a proper determination with respect to the request.
An applicant desiring to have the Township Council rezone certain
properties within the community shall file an application for rezoning
with the administrative officer of the Township of Eastampton. The
administrative officer shall certify the application as complete or
incomplete within 60 days of receipt.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)Â
Complete application. A complete application for rezoning shall consist
of the following:
(a)Â
A properly completed rezoning information form.
(b)Â
The required fee as per Chapter 460, the amount of which will be either a minor or major subdivision fee depending upon the number of uses proposed.
(c)Â
A concept or plot plan setting forth the nature of the proposed
use change.
(d)Â
The application fee for a rezoning application shall be $1,000, with an escrow fee to be deposited in the amount of $5,000, said escrow fee to be increased or decreased in accordance with the provisions of Chapter 47. The amount of said escrow fees shall be increased as part of the application if the escrow amount to be deposited pursuant to § 460-58 would require a higher amount if same were an application for development.
[Added 6-27-1989 by Ord. No. 1989-3; amended 4-13-1998 by Ord. No.
1998-04]
B.Â
Hearing procedures.
[Amended 12-10-2001 by Ord. No. 2001-12]
(1)Â
Requirements. The Land Use Planning Board of the Township of Eastampton shall hold a hearing meeting the standards of § 47-33 of the Code of the Township of Eastampton on all applications for rezoning. The Land Use Planning Board shall determine whether any action other than rezoning will properly protect the interests of the community. The Land Use Planning Board shall review the application in light of the existing Master Plan, conditions existing within the community and its general expertise in matters of community development to determine whether the applicant's proposal should be favorably acted upon by the Township Council. The Land Use Planning Board for the Township of Eastampton shall make specific detailed findings of fact and conclusions of law concerning the applicant's proposal as it relates to the standards set forth in Subsection C below. It is the applicant's burden of proof to present sufficient credible evidence to show both the desirability and necessity for rezoning of the property involved.
(2)Â
Scheduling and time of decision. The Land Use Planning Board for the Township of Eastampton shall schedule the hearings required under this section in accordance with § 47-33 of the Code of the Township of Eastampton. The Land Use Planning Board shall conclude its review of the proposal within 80 days of submission of the application to the Board in question for its action by the administrative officer.[2]
(3)Â
Reports. Subsequent to action by the Land Use Planning Board, the
written findings of facts and conclusions of law prepared by the Land
Use Planning Board shall be forwarded to the Township Clerk of the
Township of Eastampton, together with a brief written statement concerning
whether the Township Council should or should not grant the application
for rezoning.
C.Â
Review standards. Each application for rezoning shall comply with
the following standards:
(1)Â
Necessity. No application for rezoning shall be granted where it
is determined that an application for development exists whereby the
applicant could obtain the relief sought other than rezoning.
(2)Â
Master Plan. No application for rezoning shall be granted which substantially
contradicts or is at variance with the findings and conclusions in
the Master Plan unless the Land Use Planning Board of the Township
of Eastampton determines that it is in the best interest of the community
to amend the Master Plan based on changed circumstances in accordance
with the Municipal Land Use Law.
[Amended 12-10-2001 by Ord. No. 2001-12]
(3)Â
Unconstitutional taking. The applicant shall demonstrate by proper
proof that absent rezoning there is a substantial likelihood that
the zoning regulations currently in existence will unconstitutionally
deprive the applicant of his property rights.
(4)Â
Community benefit. The applicant shall demonstrate that the proposed
rezoning will substantially benefit the community and the goals to
be achieved by proper planning and will not unduly burden the planned
and orderly growth of the community or place an undue exaction upon
community facilities required to service the area.
(5)Â
Low- and moderate-income requirement. The applicant shall demonstrate that the proposed rezoning will produce the necessary low- and moderate-income units as required by Township rules and regulations and the Supreme Court decision, NAACP et al. v. Mount Laurel Township et al. The applicant shall set forth the economic and cost considerations to substantiate a change in zoning. A change in zoning shall be granted only to the extent necessary to produce the required low- and moderate-income units compatible with existing Township development, the Master Plan and the dictates of the aforementioned Supreme Court decision. The applicant shall produce the information required by § 540-105.
D.Â
Township Council action.
(1)Â
Receipt of the reports. Subsequent to receipt of the reports referred
to above, Township Council shall consider the application of a regularly
scheduled meeting. A decision shall be rendered within 45 days of
receipt of the aforementioned reports, unless the applicant agrees
to a reasonable extension of said time period.
(2)Â
Hearing procedure. At the Township Council meeting schedule as set forth in Subsection D(1) above, the Township Council shall hold a hearing on the reports submitted by the Land Use Planning Board. No new evidence shall be received by the Township Council which has not previously been considered by the Land Use Planning Board. In the event that the applicant desires to present new testimony, the matter shall be considered a new application for rezoning, and the applicant shall be required again to appear before the Land Use Planning Board as elsewhere provided for in this section.
[Amended 12-10-2001 by Ord. No. 2001-12]
(3)Â
Determination. At the conclusion of the hearing as set forth in Subsection D(2) above, the Township Council shall, within 95 days, determine by resolution whether they will authorize the preparation of a Zoning Ordinance amendment which addresses the request by the applicant for rezoning. Such an amendment may be consistent with the applicant's request, contrary to the applicant's request to meet the general health, safety and welfare concerns of the community. Subsequent to passage of the resolution, the matter shall proceed under the procedural requirements of the Municipal Land Use Law of the State of New Jersey.[3]
