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 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 months. Said report shall
include such information as required by the Land Use Board.
C.
The Zoning Officer shall have the right to enter any
building or premises during the daytime in the course of his duties.
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.
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 § 120-47, Conditional uses, and § 120-42, Subdivision and site plan review required, a zoning permit shall be granted or refused by the Zoning Officer within 10 days after he/she shall have received an application complete in all respects, together with any required fee(s).
The Zoning Officer shall maintain a permanent
record of all matters considered and all actions 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 Committee and other officials
of the township, county and state. The records to be maintained shall
include at least the following:
A.
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 filed 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 Board or
other applicable approving authorities in acting on the application;
the date the permit applied for was issued or denied by the Zoning
Officer, and a copy of the permit or documentation of the reasons
for denying the permit.
B.
Monthly report. The Zoning Officer shall prepare a
monthly report for the Township Committee. Said report shall cite
all actions taken by the Zoning Officer, including any referrals made
by him, all permits and certificates issued and denied, 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, Land
Use Board, and Construction Official at the same time it is transmitted
to the Township Committee.
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 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 thereunder unless the applicant shall have, prior
to the expiration of the aforesaid six-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 months,
upon good cause having been shown by the applicant.
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 20 days by filing notice of appeal in the manner set forth in §§ 120-11 and 120-48 and in accordance with the provisions of N.J.S.A. 40:55D-69 to 55D-76.
A.
Any person violating any of the provisions hereof
shall, upon conviction, be subject to a penalty either by imprisonment
for not more than 90 days or by a fine not exceeding $1,000, 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.
B.
The imposition of the above penalty shall not preclude
the institution of a legal action for the abatement of any condition
constituting a violation of this chapter.
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 four to exist, the remedy ordered
and the time permitted for such action, the penalties and violator's
rights of appeal, all as provided for by this chapter and the laws
of the State of New Jersey. Upon the serving of notice by the Zoning
Officer to the owner of any violation of any of the provisions of
this chapter, the certificate of occupancy for such building or use
shall be held null and void. A new certificate of occupancy shall
be required for any further use of such building or premises.
