The Construction Official and Zoning Officer
of the Township shall administer and enforce the provisions of this
Land Development Ordinance. No structure shall be erected until a
construction permit is obtained from the Construction Official, and
no structure or lot shall be used in violation of this Land Development
Ordinance. It shall be the duty of the Construction Official to keep
a record of all applications and all construction 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 construction permits issued shall be filed with the Tax
Assessor. The Zoning Officer shall inspect the structures and land
in the Township and order the owner in writing to remedy any condition
found to exist in violation of any provision of this Land Development
Ordinance.
Every application for a construction permit
shall be accompanied by three, or as determined by the Uniform Construction
Code, sets of plans drawn in ink or a blueprint showing the actual
shape and dimensions of the lot to be built upon, the exact location,
size and height of all existing and proposed structures, the existing
or intended use of each structure, the number of dwelling units the
structure is designed to accommodate, the number and location of off-street
parking spaces and off-street loading areas and such other information
with regard to the lot and neighboring lots as may be necessary to
determine and provide for the enforcement of this Land Development
Ordinance as determined by the Township Engineer. A construction 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 have been approved or denied by the Construction Official,
together with such permit as may be granted. All dimensions shown
on these plans relative 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 structures thereon shall be staked out on the grounds before
construction is started. No construction permit shall be issued for
any structure until prior site plan, subdivision and variance approvals,
as may be necessary, have been granted by the appropriate municipal
agency or municipal agencies in accordance with the provisions of
this Land Development Ordinance.
A.
No person shall use or permit the use of any structure
or part thereof, either occupied by a new use or occupant or hereafter
erected, altered, converted or enlarged wholly or in part, until a
certificate of occupancy has been issued by the Construction Official.
The Construction Official shall issue a certificate of occupancy only
when he is satisfied that the structure or part thereof and the proposed
use conform to this Land Development Ordinance 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 Construction Official that the erection of the structure
is completed, unless additional time is agreed upon by the applicant
in writing.
C.
Should the Construction Official decline to issue
a certificate of occupancy, his reason 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 of this Land Development Ordinance
with respect to any land use, the certificate of occupancy for such
use 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 Construction Official,
and copies shall be furnished on request to any person having a proprietary
or tenancy interest in the structure of land affected. The charge
for each copy shall be established by resolution of the Township Council
except that there shall be no charge to a municipal agency.
A.
Requirement of a permit.
(1)
No person shall commence the construction, reconstruction,
alteration, conversion or installation of a structure or building
without first obtaining a zoning permit.
(2)
No person shall commence a use, nor change an existing
use, of property without first obtaining a zoning permit.
(3)
A person desiring to obtain an official acknowledgement that an existing building, lot or use meets the requirements of the current Township Zoning Ordinance (see Chapter 500, Zoning) shall do so by obtaining a zoning permit.
(4)
No zoning permit shall be required where the construction,
reconstruction, conversion, installation or use has been approved
by the Planning Board or Board of Adjustment.
(5)
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 which rendered the use or structure nonconforming
may apply for a zoning permit. A zoning permit under this section
may only be issued if an application is made within one year of the
adoption of the ordinance which made the structure or use nonconforming.
After one year, application must be made to the Board of Adjustment.
B.
Waiver
of zoning permit application for interior renovations and window replacements.
For interior renovations within existing building that do not change
the number of bedrooms, dwelling units or kitchen(s), the applicant
may first submit to the Building Department, where the Construction
Official, or the Construction Official’s appointed designee,
will determine whether a zoning permit application is necessary for
the proposed project.
[Added 10-20-2021 by Ord. No. 2021-035[1]]
C.
Issuance of a permit. The Township Zoning Officer
shall issue a zoning permit where it is determined that:
(1)
The structure or use is permitted in the proposed
location; or
(2)
The structure or use exists as a nonconforming use and/or structure, or the structure is permitted under § 500-72, Nonconforming lots, structures and uses, of this Land Development Ordinance; or
(3)
The structure or use is permitted by the terms of
a variance.
D.
Appeal.
(1)
The grant or denial of a zoning permit by the Zoning
Officer may be appealed to the Board of Adjustment by any interested
party.
(2)
A notice of appeal, specifying the grounds of the
appeal, must be filed within 20 days of the grant or denial of the
permit.
(3)
The Board of Adjustment shall reverse or affirm the
grant or denial of the permit within 120 days of the filing of the
notice of appeal. The failure of the Board to act within the period
shall constitute a decision favorable to the appellant.
E.
Administration. The Construction Official or his designee
is hereby authorized to promulgate any checklists and/or application
forms necessary for the administration of this section.
