Township of Maurice River, NJ Article 35-15 Administration and Enforcement

§ 35-15.1 ENFORCEMENT OFFICER.

A. The Township Committee shall appoint a Zoning Officer to administer and enforce the provisions of this chapter, except as otherwise provided by law or by this chapter. Said Officer shall be appointed for the term of one (1) year, beginning the first day of January, and shall receive such compensation for his/her services as shall be fixed from to time to time by ordinance of the Township.

B. The Zoning Officer shall perform the following duties:

1. Issue permits for such construction and uses as are in accordance with the terms and provisions of this chapter or any lawful order of the Land Use Board or Township Committee.

2. Record and file all applications for zoning permits, together with the plans, documents and other papers accompanying such applications.

3. Collect all fees that may be payable to the Township under the provisions of this chapter, unless otherwise specifically provided.

4. Prepare a monthly report for the Township Committee, listing all zoning permits applied for and those granted, and all ordinance violations and actions taken by his office consequent thereto. A copy of each such report shall be filed with the Township Tax Assessor at the same time.

5. Institute and conduct lawful proceedings to prevent threatened violation of this chapter and, in order to correct conditions resulting from the violation of the Chapter, prosecute persons who shall have violated or who shall be engaged in violating any of the terms or provisions of this chapter, and the Zoning Officer shall have recourse to any and all remedies, including injunction, restraining orders and proceedings in lieu of prerogative writs.

6. At the direction and guidance of the Land Use Board, maintain a record of current land use and report any changes of land use to the Land Use Board every six (6) months. Said report shall include such information as required by the Land Use Board.

§ 35-15.2 ZONING PERMITS.

A. No person shall hereafter erect, locate or alter any building or portion thereof or begin or change the use of land or a structure without first obtaining a zoning permit therefor from the Zoning Officer. No zoning permit shall be issued except in conformance with the provisions of this chapter or, where authorized, upon written order of the Land Use Board or the Township Committee. The processing of such permits in the Pinelands Protection Area shall also comply with the provisions of Article 35-10 of this chapter.

B. All requests for zoning permits shall be made in writing to the Zoning Officer on forms provided by the Zoning Officer and shall be signed by the owner of the land and/or structure involved in the request, or by his authorized representative or agent. The applicant shall include a description of the use or intended use or uses of the building and/or land. Each application shall be accompanied by a site plan drawn to scale, showing any existing or proposed building or open land uses and their exact relation to all lot and street lines. Accompanying the application also must be a written statement giving satisfactory evidence to the effect that the lines of the street boundaries have been accurately located and staked on the ground and that the said application is intended to comply with all provisions of this chapter or any lawful order of the Land Use Board.

C. Except as provided otherwise in Section 35-13.6, Conditional Uses, and Section 35-13.1, Subdivision and Site Plan Review, a zoning permit shall be granted or refused by the Zoning Officer within ten (10) days after he shall have received an application complete in all respects, together with any required fee(s).

D. A zoning permit shall not be issued by the Zoning Officer for development of or improvements to property for which there exist taxes or assessments for local improvements then due or delinquent.

§ 35-15.3 DURATION OF CERTAIN PERMITS.

If after a zoning permit or conditional use permit has been authorized by the Zoning Officer or Land Use Board, the applicant has not obtained the permit within a period of six (6) months from the date of such authorization or as provided by N.J.S.A. 40:55D-1 et seq., then such authorization shall be null and void, and no permit shall be issued there under unless the applicant shall have, prior to the expiration of the aforesaid six (6) month period, made written application for an extension. Such extension shall be granted by the appropriate approval authority, for a period not to exceed six (6) months, upon good cause having been shown by the applicant.

§ 35-15.4 APPEALS TO THE LAND USE BOARD.

An appeal to the Land Use Board may be taken by any interested party affected by any decision of the administrative officer of the municipality based on or made in the enforcement of this chapter or any adopted Official Map. Such appeal shall be taken within twenty (20) days by filing notice of appeal in the manner set forth in Section 35-13.7 of this chapter and in accordance with the provisions of N.J.S.A. 40:55D-69 to 40:55D-76. The processing of appeals involving applications for development in the Pinelands Protection Area shall also comply with the provisions of Article 35-10 of this chapter.

§ 35-15.5 APPEALS FROM THE LAND USE BOARD TO THE GOVERNING BODY.

Any interested party may appeal to the governing body as provided in N.J.S.A. 40:55D-17 any final decision of the Land Use Board approving an application for development in connection with a use variance pursuant to the provisions of N.J.S.A. 40:55D-70d. Such appeal shall be made within ten (10) days of the date of publication of such final decision. The processing of appeals involving applications for development in the Pinelands Protection Area shall also comply with the provisions of Article 35-10 of this chapter.

§ 35-15.6 BUILDING PERMITS.

No building or construction permit shall be granted in the Pinelands Protection Area unless it is processed in accordance with the provisions of Article 35-10 of this chapter.

§ 35-15.7 VIOLATIONS AND PENALTIES.

Any person violating any of the provisions hereof shall, upon conviction, be subject to a penalty either by imprisonment for not more than ninety (90) days or by a fine not exceeding one thousand two hundred fifty ($1,250.00) dollars, or both, in the discretion of the court. Each and every day that any violation continues shall be considered a separate offense, punishable by a like fine or penalty.