[Amended 12-8-1981; 2-28-2023 by Ord. No. 2023-02]
For any and every violation of the provisions
of this chapter, the owner, contractor or other persons interested
as general agent, architect, building contractor, owner, tenant or
any other person who commits, takes part in or assists in any violation
of this chapter or who maintains any building or premises in which
any violation of this chapter shall exist, and who shall have refused
to abate said violation within five days after written notice shall
have been served upon him, either by certified mail or personal service,
shall, for each and every violation, be subject to a fine of not more
than $1,250 or imprisonment in the county jail for a period not exceeding
90 days, or both, at the discretion of the court or judicial officer
before whom a conviction may be had, and each and every day that such
violation continues after such notice shall be considered a separate
and specific violation of this chapter.
In case any building or structure is erected,
constructed, reconstructed, altered or converted or any building or
structure or parcel of land, improved or unimproved, is used in violation
of or contrary to the provisions of this chapter, the Township may
institute an action to enjoin or any other appropriate action or proceeding
to prevent such erection, construction, reconstruction, alteration,
conversion or use.
Any citizen may bring an action for violation
of this chapter in accordance with the provisions of N.J.S.A. 40:55D-1
et seq.
This chapter may be amended from time to time
by the Township Committee after the appropriate referrals, notices,
hearings and other requirements of law.
If any section, paragraph, subdivision, clause
or provision of this chapter shall be adjudged by the courts to be
invalid, such adjudication shall apply only to the section, paragraph,
subdivision, clause or provision so adjudged, and the remainder of
this chapter shall be deemed valid and effective.
Any and all ordinances or parts thereof in conflict
or inconsistent with the provisions of this chapter are hereby repealed
to such extent as they are so in conflict or inconsistent; provided,
however, that the adoption of the ordinance shall not prevent or bar
the continuance or institution of any proceedings for offenses heretofore
committed in violation of any existing ordinances of the Township
of Hampton.
This chapter shall take effect immediately upon
passage and publication in the manner provided by law.
[Added 12-8-1981]
The office of Zoning Officer is hereby created.
It shall be the duty of the Zoning Officer to enforce this chapter
in accordance with the provisions of this chapter and the Land Use
Procedures Ordinance of Hampton Township.[1] Pursuant to that duty, he shall investigate any violation or alleged violation of this chapter coming to his attention. All applications to the Construction Official for building permits shall be examined by the Zoning Officer as to compliance with this chapter, and all such permits shall be signed by the Zoning Officer as well as the Construction Official, except as excluded in § 108-18. The Zoning Officer shall require two sealed plot plans with an embossed seal prepared by a New Jersey licensed professional engineer, land surveyor or architect, drawn to scale, and showing the size and location of all existing and proposed buildings, structures and other facilities sufficient to enable him to determine whether all zoning requirements are met. The requirement for sealed plot plans may be waived for minor alterations to the site where, in the judgment of the Officer, the sealed plot plan is not required. Where the requirement for a sealed plot plan is waived, a sketch prepared by the owner or applicant may be accepted in lieu thereof. Where there is a question as to the size, location or other zoning requirement, he may require a sealed location survey. In the event of any material deviation from the approved application, plot plan or building plans, the Zoning Officer may stop construction by posting a stop-work notice at the building site. The Zoning Officer and the Construction Official, and either of them, shall have the right to enter any building or premises during the daytime in the course of duty after proper notification to the property owner or occupant of the property.
[Added 12-8-1981]
A.
A zoning permit shall be required in the following
instances:
(1)
Before changing the use of any building, structure,
lot or parcel of land, or a portion thereof, or allowing said change.
(2)
Before constructing, erecting, altering or enlarging
or permitting the construction, erection, alteration or enlargement
of any building or structure on a lot or tract of land or before occupying
any building, structure, lot or tract of land where the use has been
changed. No zoning permit shall be required for the construction,
erection, alteration or enlargement of a single-family dwelling to
be used solely for residential purposes.
B.
A zoning permit shall show that every building or
premises or part thereof, and the proposed use thereof, are in conformity
with the provisions of this chapter or in conformity with the provisions
of a variance granted according to law.
C.
All zoning permits shall be issued in triplicate,
and one copy shall be posted conspicuously on the premises affected
whenever construction work is being performed thereon. No owner, contractor,
workman or other persons shall perform any building operations of
any kind unless the zoning permit covering such operation has been
previously issued. Furthermore, no building operations of any kind
shall be performed after notification of the revocation of said zoning
permit. Every zoning permit for a residence or residential dwelling
unit shall set forth the maximum occupancy of said residence or dwelling
unit for a multiple housing complex, such as garden apartments or
townhouses.
D.
A record shall be kept of all zoning permits issued,
and the original applications therefor shall be kept on file in the
same manner as applications for building permits. No owner, tenant
or other persons shall use or occupy any building or structure thereafter
erected or altered, the use of which shall be changed after passage
of this chapter, without first obtaining a zoning permit.
E.
A zoning permit, unless revoked, shall continue in
effect so long as there is no change of use of the premises.
F.
The Zoning Officer shall act upon all such applications
within 15 days after receipt of a fully filled-in application or shall
notify the applicant in writing of his refusal to issue such permit
and the reasons therefor.
G.
Failure to notify the applicant in case of such refusal
within said 15 days shall entitle the applicant for a zoning permit
to file an appeal to the Planning Board as in the case of a denial.
[Amended 10-26-2021 by Ord. No. 2021-12]
H.
The Zoning Officer may waive plans on minor alterations
not affecting structural change.
I.
The Zoning Officer shall collect a fee of $20 for
each zoning permit so issued, except that if a certificate of occupancy
is required, no additional charge shall be made for issuance of a
zoning permit.
J.
If it shall appear at any time to the Zoning Officer
that the application or accompanying plans is in any material respect
false or misleading or that the work being done upon the premises
is materially different from that called for in the application previously
filed with him or may be in violation of any provision of this chapter
or that the conditions imposed by either the Planning Board are not
being met within the time or in the manner required by the approving
authority, he may forthwith revoke the zoning permit.
[Amended 10-26-2021 by Ord. No. 2021-12]
K.
Within six months from the effective date of this
chapter or within six months from the effective date of any subsequent
amendment to the Zoning Ordinance of the Township of Hampton the effect
of which is to make certain uses nonconforming, the owner of the property
upon which any such nonconforming use exists may apply for and obtain
at no charge a zoning permit certifying the extent and kind of use
and specifying the nonconformity in detail. After the expiration of
any such six-month period a zoning permit may be issued for a nonconforming
use only by the Planning Board after a hearing held on notice to all
persons entitled thereto.
[Amended 10-26-2021 by Ord. No. 2021-12]
[Added 12-8-1981]
It shall be unlawful for an owner to use or
permit the use of any building or part thereof hereafter erected,
altered, converted or enlarged, wholly or in part, until a certificate
of occupancy shall have been issued by the Construction Official.
[Added 12-8-1981]
The Zoning Officer may issue a temporary zoning
permit and the Construction Official may issue a temporary certificate
of occupancy for a use of land or a building which is related to the
development of a permitted use of the property. In evaluating any
application for such temporary permits, the building or structure
in question must meet the minimum requirements as set forth in the
New Jersey Uniform Construction Code Act[1] for the issuance of temporary certificates of occupancy,
and a bond shall be posted which is sufficient, in the judgment of
said Zoning Officer and Construction Official, that will guarantee
the completion of the project. Such temporary permits shall be issued
for a period not to exceed six months.
[1]
Editor's Note: See N.J.S.A. 40:55D-119 et
seq.
[Added 12-8-1981]
A.
Records. It shall be the duty of the Zoning Officer
to keep a record of all applications for zoning permits and a record
of all permits issued, together with a notation of all special conditions
involved. He shall file and safely keep copies of all plans submitted,
and the same shall form a part of the records of his office and shall
be available for the use of the Township Committee and of other officials
of the Township.
B.
Reports. The Zoning Officer shall prepare a monthly
report for the Township Committee summarizing, for the period since
his last report, all zoning permits issued, complaints of violations
received and action taken by him with respect thereto. Such report
shall be in a form and shall contain such information as the Township
Committee may direct. A copy of such reports shall be made available
to the Construction Official and to the Tax Assessor.
[Added 1-28-1992]
A.
Pursuant to the provisions of this chapter, no merchandise,
products, equipment or similar material or objects shall be displayed
or stored outside the confines of a building, with the exception of
the sale of motor vehicles. However, the display and sale of merchandise,
products, equipment or similar material or objects may be permitted
by the Zoning Officer in the following instances:
[Amended 9-28-1993]
(1)
In a zone district where retail business establishments
are permitted; and
(2)
Where the business establishment operates from a permanent
building or structure which:
(a)
Has received site plan approval from the Hampton
Township Planning Board; or is a valid, nonconforming use; and
[Amended 10-26-2021 by Ord. No. 2021-12]
(b)
The outdoor sale is operated by the applicant operating a permanent business within the Township in accordance with the immediately preceding Subsection A(1) above; and
(c)
The merchandise, products, equipment or similar
material or objects are removed to the inside of an enclosed building
at the close of business hours each day; and
(3)
The applicant has obtained a license from the Zoning Officer for an outdoor sale pursuant to the provisions of § 68-4 of the Hampton Township Code, except that § 68-4F and I(4) and (5) shall not apply to applicants complying with § 108-52A(1), (2) and (3) above unless the applicant is conducting a special event sale such as a grand opening sale, tent sale, sidewalk sale, going-out-of-business sale or fire sale; or
B.
Farm stands are excluded from the definition of the term "outdoor sales" and are not regulated by the provisions of this section. (See § 108-7 for the definition of the term "farm stand.")
C.
Nurseries, garden stores, farm supply stores, landscaping
centers and retail stores are permitted to store and sell items such
as nursery stock, landscape plants, Christmas trees, pavers, sidewalk
material, patio block, lime, mulch, flagstones and decorative stone
outdoors. The site plan shall be designed to arrange, display, screen
and/or shield the nonplant materials in an attractive manner.
[Added 4-9-2002 by Ord. No. 2002-03]
