A.
Zoning Officer. The provisions of this chapter shall be administered
and enforced by the Zoning Officer of the Township of Gloucester under
the supervision of the Director of Community Development and Planning.
The Zoning Officer shall be appointed by the Director of Community
Development and Planning with the approval of the Mayor and shall
receive such compensation as shall be fixed by the general salary
ordinance.
B.
Duties and responsibilities of Zoning Officer.
(1)
The Zoning Officer shall prepare, with the approval of the Director
of Community Development and Planning, all forms required for the
administration and enforcement of this article. The Zoning Officer
shall keep a record of all applications for permits or certificates
submitted to him or her and any subsequent action; and he or she shall
keep and maintain proper files and other records pertaining to the
administration and enforcement of this article.
(2)
The Zoning Officer shall receive, review, process and file all
application and plans for zoning permits and certificates of conformity
and shall issue permits and certificates only in accordance and conformity
with the provisions and regulations of this article.
(3)
Except as otherwise authorized under the terms and conditions
of an order or decision of an approving authority the Zoning Officer
shall not permit, nor issue any permit or certificate for any use,
change of use, extension of a nonconforming use, erection, construction,
alteration, repair, remodeling or conversion of any building or structure,
or portion thereof; removal or destruction of any building or structure
for location, relocation, placement or erection on any lands in the
Township of Gloucester which does not conform to or comply with the
terms and provisions of this article or which would be in violation
of any provision thereof.
(4)
The Zoning Officer shall make and perform such inspections as
may be necessary for the administration and enforcement of this chapter
and for the proper issuance of zoning permits and certificates of
zoning conformity, and for such purposes, he shall have the right
to enter any building or premises during the daytime in the course
of his duties. All inspections made by the Zoning Officer shall be
logged in a book kept for such purposes.
(5)
Any nonconforming uses, buildings, structures or signs found
upon inspection by the Zoning Officer to be in violation of the terms
and provisions of this chapter shall be logged and reported in writing
to the Director of Community Development.
(6)
In the event any condition is found to exist in violation of
any regulation, term or provision of this article, the Zoning Officer
shall confer with the Director of Community Development and thereafter
issue a written order to immediately remedy or correct such violation
or to stop work and/or prosecute the violation in the Municipal Court.
(7)
In the event the Zoning Officer shall receive a complaint or
notice alleging the existence of a violation of the provisions of
this article, he shall investigate the alleged violation, and if a
violation exists, he shall take action as provided by this chapter.
The source and identity of the person or persons making such complaint
or providing such notice shall be held and maintained in confidence
until it shall be deemed necessary to divulge the same in the course
of any action or proceeding for the enforcement or prosecution of
a violation of the terms of this chapter.
(8)
The Zoning Officer shall attend all meetings of the Zoning Board
of Adjustment and respond to questions presented to him or her by
the members of the Board. The Zoning Officer shall also be prepared
to testify and produce his records, if so required, during any hearing
before the Zoning Board of Adjustment. Upon request, the Zoning Officer
shall also attend meetings of or hearings before the Township Council
or Planning Board for the purpose of responding to questions, giving
testimony or producing records.
(9)
The Zoning Officer shall provide a copy of all zoning permits
issued by him to the Construction Code Official and a copy of all
certificates of zoning conformity to the Construction Code Official
and Tax Assessor.
No temporary use permit, temporary zoning permit, certificate
of zoning conformity, certificate of temporary occupancy or certificate
of occupancy shall be issued for any parcel of land or structure which
was sold or on which improvements where undertaken in violation of
the provisions of this chapter or for the use of a lot which was created
by subdivision after the effective date of, and not in conformity
with the provisions of, this chapter. No site improvement such as,
but not limited to, excavation or construction of public or private
improvements shall be commenced except in conformance with this chapter
in accordance with plat approvals and the issuance of required permits.
No certificate of occupancy shall be issued, except in the case of
residential lots within an approved subdivision, without the certification
by the administrative officer that all requirements of this chapter
have been met. The Construction Code Official shall be responsible
for the consideration of applications for and issuance of certificate
of temporary occupancy or certificate of occupancy with all other
permits herein under the jurisdiction of the Zoning Officer.
A.
Permit required. The issuance of a zoning permit shall be required
prior to, and as a condition precedent to, the commencement of:
(1)
Any use, change of use or extension of a nonconforming use of
lands and premises within the Township of Gloucester.
(2)
The erection, construction, alteration, repair, remodeling or
conversion of any building, structure, or any portion thereof, on
any lands and premises within the Township of Gloucester.
(3)
The removal or destruction of any building or structure.
(4)
The moving of a building or structure of whatsoever kind or
nature, or any portion thereof, into or within the Township for storage,
location, relocation, placement or erection on any lands and premises
within the Township of Gloucester; and it shall be unlawful for any
person to commence any of the foregoing without first having obtained
a zoning permit therefor.
(5)
Replacement or repair of an existing porch or patio (even if
this repair or replacement does not involve any increase to the footprint
area).
B.
Prior approval for construction permit. The issuance of a zoning
permit shall be a required prior approval and condition precedent
to the issuance, by the Construction Code Official, of a construction
permit for the erection, construction, alteration, repair, remodeling,
removal or destruction of any building, structure or portion thereof.
(1)
All applications shall contain a statement by the applicant
of all existing and proposed uses of the lot and premises and such
other information as may be requested by the Zoning Officer and reasonably
necessary for said official to ascertain whether the proposed use,
change of use, erection, construction or alteration complies with
the provisions of this chapter. Applications shall be fully completed
and signed by the applicant, and the applicant shall certify as to
the truth of the information submitted in the application and accompanying
documents so that any willful misstatements shall be considered a
violation of this provision and subject the offender to the penalties
provided herein.
(2)
All applications shall be numbered in sequence and submitted
to the Zoning Officer in triplicate. Upon receipt, the Zoning Officer
shall date each copy, maintain the original in his file, distribute
one copy to the applicant and the other copy to the Director of Community
Development and Planning.
C.
Application for zoning permit. Applications for zoning permits and temporary zoning permits (valid only for a period of 30 days) shall be made by the applicants in writing on forms provided by the Zoning Officer and submitted to the Zoning Officer together with the fee as required in § 500-901 and two copies of a survey showing all existing and proposed buildings, structures and uses on the lands and premises for which application is made and setting forth on survey all proposed front, rear and side yard setback distances, total lot coverage and all parking area dimensions, and said survey shall be part of the application.
D.
Issuance of zoning permit.
(1)
An application for a zoning permit shall be granted or denied
by the Zoning Officer within 10 business days of the date of filing
a complete application. If any application is granted or approved,
written permit shall be issued by the Zoning Officer. Said permit
shall be numbered in sequence, dated and signed by the issuing officer,
and among other information, shall contain: a brief description of
the use and/or work to be commenced or performed thereunder; the block
and lot number and address of the property on which the use or work
is to be commenced or performed; the names of the applicant and owner
to whom the permit is to be issued; notice of the date of expiration
of the permit and notice that the use or work must be commenced, performed
and completed in accordance with the application upon which the permit
issued and all applicable approvals, laws, ordinances, rules and regulations
of the federal, state and local governments, boards, agencies or authorities.
If an application for permit is denied or rejected by the Zoning Officer,
he shall state the reason or reasons for such denial in writing and
provide the applicant with a copy of same.
(2)
No zoning permit shall be issued by the Zoning Officer for any
use, change of use, extension of a nonconforming use, erection, construction,
alteration or moving of a building or structure, or any activity which
does not comply with or conform to the terms, provisions and regulations
of this chapter, statute or the order or decisions of an approving
authority or court of competent jurisdiction.
(3)
No zoning permit shall be issued in instances wherein subdivision
or site plan approval is required unless and until the applicant has
secured final subdivision or site plan approval and has complied with
all the terms and conditions of such approval and terms and provisions
of the applicable development regulation, including payment of required
fees, escrow deposits and posting of performance guarantees.
(4)
No zoning permit shall be issued for any use, change of use,
extension of nonconforming use, erection, repair, remodeling, conversion,
removal, destruction, replacement, relocation, construction, alteration
or moving of a building or structure for which an approval has been
granted by an approving authority if said approval has expired, been
revoked or determined to be invalid.
(5)
No zoning permit shall be issued if taxes or assessments for
local improvements are due or delinquent on the property for which
a zoning permit application is made. Submission of proof that no taxes
or assessment for local improvements are due or delinquent shall be
required as a condition precedent to the issuance of a zoning permit.
E.
Expiration of permits. No zoning permit shall be valid or effective
one year from the date of issuance thereof, and shall thereafter be
null and void unless use, change or use, extension of nonconforming
use, erection, construction, repair, remodeling, conversion, removal,
destruction or moving, alteration, or relocation of a building or
structure authorized by such permit shall have been substantially
commenced within one year from the date of issuance and proceeded
with due diligence.
F.
Exemptions.
(1)
Existing structures. Notwithstanding any provision in this chapter to the contrary and except as provided in § 500-1103F(3) below, no zoning permit shall be required for the following work on existing structures:
[Amended 3-22-2010 by Ord. No. O-10-04]
(a)
Installation, replacement or repair of siding (involving no
additional square footage added to structure).
(b)
Replacement or repair of existing roof or existing roof shingles
(involving no additional square footage added to structure).
(c)
Installation, replacement or repair of windows.
(d)
(Reserved)
(e)
Replacement or repair of existing steps (involving no increase
in size of steps, width or length).
(f)
Replacement or repair of existing sewer or septic lines. If
this involves curb, sidewalks, or streets, a street opening permit
shall also be secured from the Township Clerk's office.
(g)
Service upgrades, repair, or replacements of panels, meter sockets, and related internal electrical work, not involving multi-meter devices, or condition or provisions of § 500-1103F(3), below.
(h)
Interior renovation, provided that such work does not involve a condition or change of use as indicated in § 500-1103F(3), below.
(2)
Handicapped exemptions. No zoning permit fee shall be required
for the construction, reconstruction, alteration, improvement or repair
of a structure used for the sole purpose to promote accessibility
by the handicapped; handicapped being defined under N.J.S.A. 52:27D-126e.
(a)
Upon application for and at the discretion of the Zoning Officer,
the construction, reconstruction, alteration, improvement and/or repair
or installation of ramps, lifts, etc., associated with the accessibility
of handicapped persons may be permitted to infringe upon setback requirements
of residential property, when it has been established that no other
feasible means of accessibility is available.
(b)
Before granting the application that contains an infringement
upon a setback requirement, the following conditions must be met:
[1]
Just cause must be shown to the Zoning Officer
why accessibility cannot be met under the current zoning regulations;
[2]
The requested infringement shall not exceed any
further than the minimum building requirements of the current N.J.A.C.
5:23.7, Barrier Free Code, and subsequent amendments or additions
thereto;
[3]
The applicant owner, or occupant with owner permission,
shall agree in writing to remove said ramp, lift, or other structure
from the infringement area upon the death of the handicapped person,
the relocation of the handicapped person, sale or rental of the property
to a nonhandicapped person or in the event that the disability no
longer exists.
(3)
Conditions for exemption. There shall be no exception from the
requirement of a zoning permit for existing residential structures
if the work involves any one or more of the following:
(a)
Change in the front, rear or side yard setback;
(b)
An increase in lot coverage;
(c)
A change of use that increases the number of dwelling units;
(d)
A change that results in the need for a variance or exception;
(e)
An expansion of a nonconforming use; and
(f)
Structural changes, addition of square footage to the structure
or roof or the enclosure of existing open porch or patio.
G.
Certification statement. No exception shall be granted unless the
applicant fully completes, signs and files a certification statement
of work form provided by the Construction Code Official.
H.
Relationship to construction permits. Nothing herein shall be construed
to obviate the requirement for applying and obtaining and required
construction permit.
I.
Nonwaiver. In no case shall the issuance or nonissuance of a zoning
permit be construed as a waiver of the provision of this chapter or
any other ordinance of the Township of Gloucester; nor shall such
be construed as a waiver of the terms or provisions of any state statute,
rule, regulation, approval or decision of any approving agency.
[1]
Editor's Note: Former Section 1104, Certificate of Zoning
Conformity, was repealed 3-22-2010 by Ord. No. O-10-04.
The Zoning Officer shall issue a temporary use permit with 10 business days of the date the action was taken whenever the Township Council has approved a temporary use under the provisions of § 500-423H, Temporary uses, provided any conditions imposed by the governing body have been met. The temporary use permit shall list the location by block and lot numbers, street address, if applicable, conditions of such approval, the time period of the temporary use and any other pertinent information as determined by the Zoning Officer.
A.
Selling before approval. If, before favorable referral and final
approval have been obtained, any person transfers or sells, as owner
or agent, any land which forms a part of a subdivision on which, by
ordinance, the Planning Board is required to act, such person shall
be subject to a fine not to exceed $1,000 and/or imprisonment for
not more than 30 days, and each parcel, plot or lot so disposed of
shall be deemed a single and separate violation. In addition to the
foregoing, if the streets in the subdivision are not such that a structure
on said land in the subdivision will meet requirements for a building
permit under Section 3 of the Official Map and Building Permit Act
(1953), the Township may institute and maintain a civil action:
(1)
For injunctive relief.
(2)
To set aside and invalidate any conveyance made pursuant to
such a contract of sale if a certificate of compliance has not been
issued in accordance with Section 24 of Chapter 433 of the Laws of
1953, but only if the Township has a Planning Board or a committee
thereof with power to act and which:
B.
Liens. In any such action the transfer, purchaser or grantee shall
be entitled to a lien upon the portion of the land from which the
subdivision was made that remains in the possession of the subdivider
or assigns or successors, to secure the return of any deposit made
or purchase price paid, and also a reasonable search fee, survey expense
and title closing expense, if any. Any such action must be brought
within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land, or within six years
if unrecorded.
[Amended 8-22-2022 by Ord. No. O-22-11]
Any person, firm, partnership, association, or corporation who
or which shall violate any of the provisions of this chapter shall,
upon conviction thereof in a summary proceeding before the Gloucester
Township Municipal Court, be subject to a fine of not more than $2,000
or imprisonment not to exceed 90 days or both such fine and imprisonment.
All fines collected for the violation of this chapter shall be paid
over to the Township Court Clerk. Whenever such person has been officially
notified by the Zoning Officer or by the service of a summons in a
prosecution, or in any other official manner that he or she is committing
a violation, then each day after that violation is continued said
violation shall constitute a separate offense and shall be punishable
by a like fine and penalty.
