[Amended 10-27-2009 by Ord. No. 09-OR-024]
The provisions of this chapter shall be administered
and enforced by the Administrative Officer of the Township of Burlington.
In no case shall a permit be granted for the construction or alteration
of any building, structure or sign where the proposed construction,
alteration or use thereof would be in violation of any provision of
this chapter. It shall be the duty of the Administrative Officer or
his duly authorized assistants to cause any building, structure or
sign, plans or premises to be inspected or examined and to order in
writing the remedying of any conditions found to exist in violation
of any provision of this chapter. The Administrative Officer or his
duly authorized assistants shall have the right to enter any building
or premises during the daytime in the course of this duty. Further,
it shall be the duty of the Director of Public Safety and the Fire
Chief, or such members of the respective departments as may be designated
by them, and the Health Officer in the enforcement of this chapter
also to report to said Administrative Officer any violations which
may come to their attention.
Any variance from the terms of the Zoning Ordinance
hereinafter granted by the Zoning Board of Adjustment or the Planning
Board pursuant to the authority contained under N.J.S.A. 40:55D-1
et seq., permitting the erection or alteration of any structure or
structures or permitting the specified use of any premises, shall
expire by limitation unless said construction or alteration shall
have actually been commenced on each and every structure permitted
by said variance, or unless such permitted use shall have actually
been commenced within one year from the date of entry of the judgment
and determination of the Zoning Board of Adjustment or Planning Board;
except, however, that the running of the period of limitation herein
provided shall be tolled from the date of filing an appeal from the
decision of the Zoning Board of Adjustment or the Planning Board to
the governing body or to a court of competent jurisdiction until the
determination of any matters of such appeal or proceeding.
Appeals to the Board of Adjustment may be taken
by any person aggrieved or by any officer, department, board or bureau
of this Township affected by any decision of the Building Inspector.
A. Manner of appeal. An appeal shall be taken within
20 days of the action by filing with the Building Inspector and with
the Board of Adjustment a notice of appeal, specifying the grounds
thereof. The Building Inspector shall forthwith transmit to the Board
of Adjustment all the papers constituting the record upon which the
action appealed was taken.
B. Appeal stays proceedings. An appeal stays all proceedings
in furtherance of the action appealed from unless the Building Inspector
certified to the Board of Adjustment after the notice of appeal shall
have been filed that, by reason of facts stated in the certificate,
a stay would cause imminent peril to life or property. In such cases,
proceedings shall not be stayed otherwise than by a restraining order
on application with notice to the Building Inspector and on due cause
shown.
C. Fees. Except as otherwise provided, each application made for a variance or appeal shall be accompanied by the fee set forth in §
330-28, Schedule of fees and escrow sums.
D. Procedure. The Board of Adjustment shall act in strict
accordance with the procedure specified in N.J.S.A. 40:55D-1 et seq.,
and this chapter. All appeals and applications to the Board shall
be in writing. Every appeal or application shall refer to the specific
provision of the chapter involved and shall exactly set forth the
interpretation that is claimed or the details of the variance that
is applied for and the grounds on which it is claimed that the variance
should be granted. Every decision of the Board of Adjustment shall
be made by resolution, each of which shall contain full record of
the findings of the Board in the particular case. Each such resolution
shall be filed in the office of the Township Clerk by case number
under the heading of the interpretation, special exception or variance,
together with all documents pertaining thereto. The Board of Adjustment
shall notify the governing body, the Planning Board and the Building
Inspector of the disposition of each case brought before it.
E. Public hearing. The Board shall fix a reasonable time
for the hearings of appeals, giving due notice of the time set for
the hearing to the applicant. Such notice shall be served upon the
applicant. The appellant shall, at least 10 days prior to the date
appointed for said hearing pursuant to N.J.S.A. 40:55D-1 et seq.,
give notice by certified mail or by service in person with adequate
proof of contact thereof to all property owners within 200 feet of
the property to be affected by said appeal as provided in the statutes
of the State of New Jersey or to all property owners of contiguous
lands or properties adjoining said property to be affected and other
interested property owners as may be designated by the Board of Adjustment.
The applicant must furnish proof of service, in writing and properly
notarized.