This chapter shall be enforced by the Zoning Officer of the
Township of Pequannock.
A.
Zoning Officer. The Zoning Officer
shall be appointed by the Township Manager. The Zoning Officer shall
be authorized to delegate the enforcement of any and all provisions
of this chapter to the Construction Official or other designated officials.
It shall be the duty of the Zoning Officer to:
(1)
Issue zoning permits required
under the provisions of this chapter.
(2)
Refuse, in writing, applications
for approvals, permits or certificates which are not in accord with
the requirements of this chapter.
(3)
Issue written notice of violation
to any person violating any provision of this chapter, setting forth
the particulars of such violation.
(4)
Make reports to the Township
Manager, Township Council, Planning Board and Zoning Board of Adjustment
as may be required.
(5)
Investigate and make a report
to the Zoning Board of Adjustment on all matters before the Board.
(6)
Review this chapter on an
annual basis and report to the Manager any changes or amendments which
are deemed to be necessary or desirable.
(7)
Keep records of applications,
permits or certificates issued, variances granted, inspections made,
reports rendered and notices or orders issued.
B.
Administrative officer. It shall
be the duty of the administrative officer to:
(1)
Receive all applications
for permits and approvals required by this chapter.
(2)
Record and file all applications
for permits and approvals with accompanying plans and documents.
(3)
Prescribe the form of all
applications, permits and certificates required under the terms of
this chapter and combine these with other forms, permits and certificates
required by other Township ordinances where appropriate.
A.
The Zoning Officer shall make
a list of all uses, structures and lots in the Township which are
legally nonconforming to the provisions of this chapter by reason
of variance or by reason of such use being legal prior to the adoption
or amendment of this chapter.
B.
Each property owner of a legal
nonconforming use, structure or lot shall be issued a certificate
of nonconformance, a copy of which shall be kept on file with the
Township. This certificate shall detail the nature and extent of the
nonconformity and the reason for its existence, as well as any other
pertinent information.
C.
At least annually, the Zoning
Officer shall update this list and shall issue a certificate of nonconformance
to all property owners who have legal nonconforming uses and who have
not yet been issued such a certificate.
[Amended 10-24-2000 by Ord. No. 2000-23; 2-23-2010 by Ord. No. 2010-5]
A.
General permits.
(1)
Applications for permits
for operating home occupations, permits for keeping animals in a residential
district, permits for parking commercial vehicles on the premises
of a gasoline service station and any other permits required by this
chapter shall be made to the Zoning Officer on forms provided by him.
All other permits shall be acted upon within 14 days of submission
of a complete application. Those permits which are to be renewed annually
shall be renewable on July 1 of each year.
(2)
Appeals from a denial of
any general permit shall be made to the Zoning Board of Adjustment
in the manner of a use variance.
B.
Zoning permits.
(1)
A zoning permit issued by
the Zoning Officer shall be required for the following activities:
(a)
No person shall commence
the construction, reconstruction, demolition, alteration, conversion
or installation of a fence, a wall four feet or greater in height,
a structure, a private swimming pool or a building without first obtaining
a zoning permit.
(b)
No person shall commence
a use nor change an existing use of property without first obtaining
a zoning permit.
(c)
A person desiring to obtain
an official acknowledgement that an existing building, lot or use
meets the requirements of the current Township Zoning Ordinance shall
do so by obtaining a zoning permit.
(d)
A person desiring to obtain
a certification pursuant to N.J.S.A. 40:55D-68 that a use or structure
existed before the adoption of the ordinance that rendered the use
or structure nonconforming may apply for a zoning permit. A zoning
permit under this subsection may be issued only if an application
is made within one year of the adoption of the ordinance that made
the structure or use nonconforming. After one year, application shall
be made to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-68.
(e)
Prior to the issuance
of a building permit, a zoning permit indicating whether the request
meets with the provisions of this chapter shall be issued.
(2)
The Zoning Officer shall
issue a zoning permit where it is determined that at least one of
the following conditions has been met:
(a)
The use is permitted as
a permitted use in the proposed location;
(b)
The use is permitted as
a conditional use in the proposed location and all conditional use
provisions are met;
(c)
The use exists as a nonconforming
use and/or nonconforming structure; or
(d)
The use is permitted by
the terms of a variance and the structure and lot meet all required
zone criteria.
(3)
The administrative officer
shall have the authority to promulgate any checklists and/or application
forms necessary for the administration of this section. At a minimum,
the supporting exhibit shall include a current, sealed survey showing,
in addition to any survey data required by statute or State Administrative
Code, the size of the subject property; bounding streets; size, type
and location of existing structures with distances to all property
lines; and size, type and location of the proposed structures with
distances to all property lines.
(5)
Appeal.
(a)
The granting or denial
of a zoning permit may be appealed to the Zoning Board of Adjustment
by any interested party pursuant to N.J.S.A. 40:55D-70a.
(b)
A notice of appeal shall
be filled within 20 days of the granting or denial of the permit request.
(c)
The Zoning Board of Adjustment
shall reverse or affirm the granting or denial of the zoning permit
within 120 days of the filing of the notice of appeal. The failure
of the Zoning Board of Adjustment to act within the period shall constitute
a decision favorable to the appellant.
C.
Construction permit.
(1)
Prior to construction, as
regulated by the New Jersey Uniform Construction Code (NJUCC), a construction
permit shall be required. Application for said permit shall be made
to the Construction Official, in writing, on forms to be provided
by the Construction Official.
(2)
All requests for permits
shall be in conformance with the NJUCC requirements for construction
permit applications.
(3)
In addition, the applicant
shall supply to the Construction Official any additional information
required by him to determine conformance with this chapter, the building
code or any other applicable ordinances. The Construction Official
shall approve, approve with conditions or deny the application for
a building permit in accordance with the applicable law establishing
the construction codes.
(4)
No excavation or site preparation
shall begin until a building permit has been issued. No building permit
shall be issued for any land or structure for which a zoning permit,
conditional use approval, variance or site plan approval shall be
required until such approval has been granted and the Construction
Official has been so notified in writing.
(5)
No construction permit shall
be issued until a zoning permit has been issued approving the use
and location of the proposed structure.
D.
Certificate of occupancy.
(1)
No person shall occupy or
use any building or structure authorized by a construction permit
without first obtaining a certificate of occupancy as required by
the NJUCC.
(2)
No certificate of occupancy
required as per the NJUCC shall be issued until a zoning permit has
been issued.
(3)
No certificate of occupancy
shall be issued for any use of land or structure requiring conditional
use approval or a variance or requiring site plan approval as detailed
in this chapter until such approval or variance has been granted and
the Construction Official has been so notified in writing. In a case
where a conditional use, variance or site plan has been approved,
the certificate of occupancy shall detail any conditions of those
approvals.
E.
Certificate of continued occupancy.
(1)
No person shall occupy or
use any portion of a nonresidential building after such building or
portion thereof has been vacated or sold, or in which there has been
a change in use or a change in occupancy, until the landlord/owner
shall have applied for and secured a certificate of continued occupancy
from the Construction Official.
(2)
Upon receipt by the Construction
Official of an application for a certificate of continued occupancy
and payment of the required fee, the Construction Official and/or
subcode officials shall conduct an inspection of the premises in question
to ensure compliance with applicable building, safety and fire codes,
regulations, ordinances and statutes of the Township.
[Amended 4-27-2021 by Ord. No. 2021-05]
(3)
No certificate of continued
occupancy shall be issued for any structure requiring conditional
use approval, variance approval or site plan approval as detailed
in this chapter until such approval or variance has been granted and
the Construction Official has been so notified in writing. In a case
where a conditional use, variance or site plan has been approved,
the certificate of continued occupancy shall detail all conditions
of those approvals.
The Zoning Officer and/or Construction Official is authorized
and empowered to cause any building, structure, place or premises
to be inspected and examined and to order, in writing, the remedying
of any condition found to exist therein or thereat in violation of
any provision of this chapter.
[Amended 2-25-2003 by Ord. No. 2003-08]
A.
The owner or agent of a building
or premises where a violation of any provision of this chapter shall
have been committed or shall exist, or the agent, architect, builder,
contractor, or any other person who shall commit, take part in, or
assist in any such violation, or who shall maintain any building or
premises in which any violation of this chapter shall exist, shall
be subject to the penalties set forth in this section.
B.
For a violation of any provision
of this chapter or supplement or addition thereto, where no other
penalty is provided, the offender shall be subject to imprisonment
in the county jail for a period not to exceed 90 days, or to a period
of community service not exceeding 90 days, or to a fine of not less
than $100 nor exceeding $1,250, or any combination of penalty.
[Amended 4-27-2021 by Ord. No. 2021-05]
C.
Any person who is convicted of
violating a provision of this chapter within one year of the date
of a previous violation of this chapter and who was fined for the
previous violation shall be sentenced by the court to an additional
fine as a repeat offender. The additional fine imposed by the court
upon a person for a repeated offense shall not be less than $100 nor
more than $1,250 for a violation of any provision of this chapter,
but shall be calculated separately from the fine imposed for the violation
of a provision of this chapter.
[Added 7-25-2000 by Ord.
No. 2000-18]
An approval of any subdivision by the appropriate approving
authority under the provisions of this chapter and any conditions
thereof shall be binding upon the developer/applicant and upon any
subsequent heirs and/or assigns. Said approval shall not be amended
or altered in any manner without prior approval from the appropriate
approving authority. Failure to adhere to an approved subdivision
plan or condition of approval contained in a subdivision plan shall
be deemed a violation of this chapter.
[1]
Editor's Note: Former § 360-73, Affordable housing
administration, was repealed 3-14-2023 by Ord. No. 2023-05.
