A.
Establishment.
There is hereby created and established in the Borough the position
of Zoning Officer. The Zoning Officer shall exercise all of the powers
and duties of the Administrative Officer referred to in N.J.S.A. 40:55D-1
et seq. and of the Zoning Officer referred to in all Borough ordinances
and all further powers and duties as provided in this chapter.
B.
Enforcement.
The duty of administering and enforcing the provisions of this chapter
is hereby conferred upon the zoning officer, who shall have such powers
as are conferred upon him by this chapter and as reasonably may be
implied. It shall be the duty of the zoning officer to cause any building,
plans or premises to be inspected or examined and to order, in writing,
the remedying of any conditions found to exist in violation of this
chapter, and he shall have the right to enter any commercial buildings
or premises during the daytime, or other normal business hours of
the premises during which the business is open to the public, in the
course of his duties.
C.
Function
and duties.
(1)
All
requests, inquiries and applications pertaining to land use and development,
including but not limited to zoning permits, development permits,
variances, subdivisions and general information, shall be referred
to the Zoning Officer, prior to action being taken by any other Borough
official, employee or Board.
(2)
Upon
receipt of an application for a zoning permit, the Zoning Officer
shall either:
(a)
Issue a zoning permit and refer the applicant to the Construction
Official for the issuance of a building permit; or,
(b)
If appropriate, deny a zoning permit and provide the applicant with
a copy of the denial and/or the appropriate application forms and
instructions for application to the Planning Board for a development
permit.
(3)
The
Zoning Officer shall issue or deny a zoning permit within ten (10)
business days of receipt of a request for the permit. If the Zoning
Officer fails to grant or deny a zoning permit within this period,
the failure shall be deemed to constitute approval of the application
for the zoning permit.
(4)
The
Zoning Officer shall receive for filing all applications for development
permits, supporting documents and required fees, and if the application
is complete and correct as to form, shall deem the application complete
and shall refer it to the Planning Board. If the application is incomplete
and/or incorrect as to form, the Zoning Officer shall notify the applicant
in writing to that effect within forty-five (45) days.
(5)
When
notice to property owners is required, the Zoning Officer shall refer
the applicant to the Tax Assessor's Office for the Tax Assessor's
preparation of a list of property owners to be served with notice
by the applicant.
(6)
The
Zoning Officer shall retain one (1) copy of each application for a
development permit and supporting documents, shall transmit one (1)
copy to the Borough Engineer, Construction Official, Fire Subcode
Official, Fire Chief and Police Department, respectively, and shall
transmit the balance of the application forms and documents to the
Secretary of the Planning Board.
(7)
The
Zoning Officer shall perform any other function or duty incidental
to the foregoing; provided, however, that all action taken by the
Zoning Officer shall be in compliance with the provisions of N.J.S.A.
40:55D-1 et seq., as amended and supplemented, and all other pertinent
ordinances and amendments thereto.
(8)
When
it is ascertained that a violation of any ordinance pertaining to
land use exists, the Zoning Officer shall serve a violation notice
in writing upon the property owner. The Zoning Officer shall provide
one (1) copy of the violation notice to the Borough Clerk. The Zoning
Officer may file a complaint in the Municipal Court if the violation
has not been abated within a reasonable time.
(9)
Any
Borough official who issues or serves a violation notice pertaining
to land use shall promptly furnish to the Zoning Officer one (1) copy
of the violation notice as well as one (1) copy of any disposition
of the violation notice.
(10)
The
Borough Tax Assessor shall promptly furnish to the Zoning Officer
one (1) copy of each real property transfer.
(11)
It
shall be the duty of the Zoning Officer to keep a record of all applications
for, and of all permits and certificates issued, with a notation of
all special conditions involved. He or she shall file and safely keep
copies of all plans submitted, and the same shall form a part of the
records of the Zoning Office, and shall be available for the use of
Mayor and Council and all members of the public.
(12)
Deputy
Zoning Officer. A Deputy Zoning Officer may be appointed by the Mayor
to serve at his or her pleasure. The Deputy shall act in the absence
of the Zoning Officer during any period of absence greater than three
(3) business days, and whenever the Zoning Officer is unavailable
due to illness or emergent circumstances. The Deputy shall have all
the powers and duties of the office.
A.
A zoning
permit is required for the construction, erection or alteration of
any structure, or part of a structure, or use of a structure or land
for purposes other than those permitted by this chapter. All requests
for zoning permits shall be made in writing by the owner, or the authorized
agent, and shall include a statement of the use, or intended use,
of the building, or structure, or land, and shall be accompanied by
a plan of the plot showing thereon the exact size, shape and location
of all proposed structures and all existing structures and such other
information (including a site plan or elements of a site plan) as
may be necessary to provide for enforcement of this chapter and as
may be reasonably required by the Zoning Officer.
B.
Submission
requirements for zoning permits. An applications for a zoning permit
shall be submitted in writing to the Zoning Officer in triplicate
and shall include:
(1)
A statement
of the use, or intended use, of the building, or structure, or land;
(2)
A plan
of the plot showing thereon the exact size, shape and location of
all proposed structures and all existing structures and such other
information (including a site plan or elements of a site plan) as
may be necessary to provide for enforcement of this chapter and as
may be reasonably required by the Zoning Officer.
(3)
At
least three (3) copies of the required plat maps and supporting attachments,
exhibits and other information.
(4)
The
required fee.
(5)
A construction
parking plan must be submitted with each zoning permit application.
The Zoning Officer may reject any plan which does not, in the reasonable
exercise of his discretion, provide for adequate off-street parking
for the proposed project. The applicant shall represent that they
have obtained permission from all involved property owners or occupants
of premises which will be utilized for off-street parking.
C.
Initial
review of application by Zoning Officer.
(1)
If
the Zoning Officer has legal authority to approve the application
and determines that the application conforms to the requirements of
this chapter and all applicable law, the Zoning Officer shall issue
a zoning permit to the applicant. The applicant may then request that
the Construction Official issue a building permit. Prior to construction,
the applicant must obtain both a zoning permit and a building permit.
(2)
If
the Zoning Officer reviews the application and determines that it
should be denied, the Zoning Officer shall issue a written denial
of the application and shall advise the applicant of the applicant's
right to appeal the denial by requesting the Planning Board to issue
a development permit. Upon issuance of a development permit by the
Planning Board, the applicant may request that the Construction Official
issue a building permit.
D.
Specific
zoning permit provisions.
(1)
Properties
contiguous with NJ Route 35 or Barnegat Lane. Upon filing an application
for a zoning permit for a project upon any property which is contiguous
with N.J. Route 35 or Barnegat Lane, the applicant shall also simultaneously
present to the Zoning Officer a proposed construction parking plan
which shall show the location of off-street parking for all vehicles
which will be utilized by or associated with the work of the project.
The number of off-street parking spaces shall be sufficient to ensure
that parking regulations will not be violated by the presence of vehicles
utilized or associated with the project.
E.
Expiration
of zoning permits.
(1)
All
zoning permits issued by the Zoning Officer shall expire upon the
earliest of the following events to occur, unless the applicant has
substantially relied upon the issuance of the zoning permit:
(a)
One (1) year after date of issuance of the permit;
(b)
The adoption of an ordinance amendment which renders the permit noncompliant
with the provisions of the ordinance; or
(c)
Upon the amendment of the plans on which the permit was based and
issued, where the amendments affect the zoning of the property.
A.
Application
shall first be made to the Zoning Officer by any person wishing to
undertake any of the following:
(1)
Subdivision
of land;
(2)
Construction
of a new building or structure;
(3)
Addition
to, or structural alteration, of any existing structure;
(4)
Change
of the use of any land or change of use within any building or structure;
(5)
Interior
alterations which increase the required number of off-street parking
spaces;
(6)
Construction,
addition or alteration of any parking area, fence, signs, lighting,
drainage facility or any other site improvement above and/or below
ground level;
(7)
Alteration
of the existing grade of any parcel of land;
(8)
Erection
of a tent pursuant to the provisions of this chapter;
(9)
The
construction or alteration of any public facility, structure or building
for which referral to the Planning Board for review and recommendation
is required by N.J.S.A. 40:55D-31; or
(10)
Change
in lot size in conjunction with or subsequent to any condemnation
or taking proceeding.
C.
Applications
for construction, expansion or alteration of single-family dwellings
in a residential zone shall require submission of a site plan; however,
the plat requirements of the site plan may be waived or modified in
the discretion of the Zoning Officer.
D.
Required
submissions for all construction.
(1)
An
as-built location survey of the existing, modified, or newly constructed
foundation of a building, signed and sealed by a New Jersey licensed
professional land surveyor, shall be submitted for approval by the
Zoning Officer, prior to any further construction of the building.
(2)
The
elevation certificate, required under FEMA regulations, shall be submitted
as soon as possible following installation of the first floor and
related structural members.
(3)
Promptly
upon completion of the structural framing of the highest element of
the structure, and prior to application of roof sheathing, the developer
shall provide to the Zoning Officer, in form satisfactory to the Zoning
Officer, an elevation certificate, prepared and sealed by a New Jersey
licensed professional land surveyor, which will demonstrate that the
finished structure will not exceed the permitted height.
(4)
An
as-built survey of all buildings, lot improvements, final grading
and roof elevations signed and sealed by a New Jersey licensed professional
land surveyor, shall be submitted for approval by the Zoning Officer.
The as-built survey shall include the location of underground utilities
and related appurtenances evidenced at ground surface, and shall be
updated to locate all subsequent installations.
(5)
In
the case of applications which include swimming pools or spas, the
developer shall submit to the Zoning Officer an as-built survey at
the time the formwork is completed, and prior to actual pouring of
concrete or setting of a prefabricated unit. The as-built survey shall
locate the pool on the property by reference to property lines, and
shall also provide the elevation of the top of the pool.
(6)
In
the case of applications which include decks, the developer shall
submit to the Zoning Officer an as-built survey immediately upon completion
of the deck. The as-built survey shall locate the deck(s) on the property
by reference to property lines, and shall also provide the elevation
of the top of the deck from existing grade.
(7)
All
applications for a development permit shall include a Flood Elevation
Certificate for all existing buildings on the site.
