Township of Dennis, NJ Article IX Administration and Enforcement

[Amended 7-15-13 by Ord. No. 2013-03]

§ 185-85 Powers and duties of Zoning Officer.

A. It shall be the duty of the Zoning Officer of the Township of Dennis to administer and enforce the provisions of this chapter. No structure shall be erected until a building permit is obtained from the Zoning Officer, and no structure or lot shall be used in violation of this chapter. It shall be the duty of the Zoning Officer to keep a record of all applications and all building permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the township public records. A monthly report of building permits issued shall be filed with the Tax Assessor.

B. It shall be the duty of the Zoning Officer to inspect the structures and land in the township. When any violation of this chapter shall be found by the Zoning Officer, or when any purported violation shall be brought to his attention, it shall be mandatory upon the Zoning Officer to make an investigation. In the event that said Inspector determines that a violation of this chapter does in fact exist, it shall be mandatory upon the Zoning Officer to serve written notice of said violation by registered mail or personal service upon the owner, and copies of such notice shall be delivered to the Township Clerk. In the event that the owner shall fail to abate said violation within 10 days of the service of such notice, it shall then be mandatory upon the Zoning Officer to report such fact, in writing, to the Township Clerk, and to furnish a copy of such report to the Township Committee.

§ 185-86 Administration and enforcement within Pinelands Area.

Within the Pinelands Area, no person shall carry out development without obtaining approval from an approval agency in accordance with the procedures set forth in Section 185-49.

§ 185-87 Building permits and procedures.

A. Every application for a building permit shall be accompanied by three sets of plans drawn in ink or a blueprint showing:

(1) The actual shape and dimensions of the lot to be built upon.

(2) The exact location, size and height of all existing and proposed structure(s).

(3) The existing or intended use of each structure.

(4) The number of dwelling units the structure is designed to accommodate.

(5) The number and location of off-street parking spaces and off-street loading areas.

(6) Within the Pinelands Area, wetlands delineation and soil borings and such other information with regard to the structures, lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter; the Building Code and all other applicable codes and ordinances of the township.

B. The Zoning Officer shall not consider the submitted application for a building permit to construct the proposed structure(s) until he has received a written report from the Planning Board or Zoning Board of Adjustment stating that the subdivision or site plan in which said structure is located has been approved or until the legal time period for action by the Board has expired. Within the Pinelands Area, the Zoning Officer shall not issue a building permit until the requirements of Section 185-49 have been met.

C. A building permit shall be granted or denied within 10 days from the date of a complete application, unless additional time is agreed upon in writing by the applicant. One copy of such plans shall be returned to the owner when such plans shall have been approved or denied by the Zoning Officer, together with such permit as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey of the lot by a licensed land surveyor in the State of New Jersey. The lot and the location of the structure(s) thereon shall be staked out on the grounds before construction is started.

D. All building permits granted shall remain valid for a period of one year. If the applicant has not completed 25% of the work required, as determined by the Township Engineer and based on cost, a subsequent permit shall be required and additional fee be payable. No permit shall remain effective for greater than two years from the date of issuance of the initial permit with respect to the project regardless of the percentage of work completed.

§ 185-88 Existing building permits.

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.

§ 185-89 Certificates of occupancy.

A. No land shall be occupied or used and no structure hereafter erected or altered shall hereafter be occupied, transferred or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Zoning Officer. It shall be the duty of the Zoning Officer to issue a certificate of occupancy only when he is satisfied that the structure or part thereof and the proposed use conform to this chapter and all other applicable codes and ordinances of the township.

B. A certificate of occupancy shall be granted or denied in writing within 10 days from the date that a written notification is filed with the Zoning Officer that construction is completed, unless additional time is agreed upon by the applicant in writing. A fee as provided in Article II of Chapter 98, Fees, shall be charged for the issuance of each certificate of occupancy.

C. Should the Zoning Officer decline to issue a certificate of occupancy, his reasons for doing so shall be so stated on two copies of the application, and one copy shall be returned to the applicant.

D. Upon notice being served of any condition found to exist in violation of any provision(s) of this chapter, the Building Code or any other applicable code or ordinance of the Township with respect to any land use or structure, the certificate of occupancy for such land use or structure shall thereupon, without further notice, be null and void, and a new certificate of occupancy shall be required for any further use of such structure or land.

E. A monthly report of the certificates of occupancy issued shall be filed with the Tax Assessor. A record of all certificates of occupancy shall be kept in the office of the Zoning Officer and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be as provided in Article II of Chapter 98, Fees, except that there shall be no charge to a municipal agency.

§ 185-90 Violations and penalties.

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 $1,000, 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 $1,000, 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.

§ 185-91 Action by township.

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.