Township of Wall, NJ Article VII Land Use Department

§ 140-53 Department continued; Land Use Officer as head of Department.

There is hereby continued a Land Use Department and the position of Land Use Officer. The Land Use Officer shall be the Administrative Officer referred to in the MLUL and shall report to the Director of Engineering and Planning. The Land Use Officer shall exercise all of the powers and duties of the Administrative Officer referred to therein and of the Zoning Officer referred to in all Township ordinances and shall have all further powers and duties as provided hereinafter.

§ 140-54 Term of Land Use Officer.

The Land Use Officer shall be appointed by the Township Committee and shall serve at the pleasure of the Township Committee.

§ 140-55 Functions and duties of Land Use Officer.

A. All requests, inquiries and applications pertaining to land use and development including but not limited to development permits, variances, conditional uses, site plans, subdivisions and general information, shall be referred to the Land Use Officer, prior to action being taken by any other Township official, employee or board.

B. The Land Use Officer shall ascertain the applicant's intention, then either issue a development permit and refer the applicant to the Construction Official with a copy of the development permit or if appropriate, refuse to issue a permit and provide the applicant with a copy of the denial and/or the appropriate application forms and instructions for appeal or application to the appropriate board.

C. The Land Use Officer shall receive for filing all applications, supporting documents and required fees and if the application is complete and correct as to form, issue a certificate of completeness, and deposit the fee in an account entitled "Land Use Office Account." If the application is incomplete, the applicant shall be notified in writing to that effect.

D. When notice to property owners is required, the Land Use Officer shall provide a list to be served with notice by the applicant in accordance with N.J.S.A. 40:55D-12c, together with any fee required therefor.

E. The Land Use Officer shall retain one copy of the application and supporting documents, transmit one copy each to the Township Engineer, Township Planner, Construction Official, Fire Subcode Official and Police Traffic Bureau, as appropriate, and the balance of the application forms and documents to the Secretary of the Planning Board or Board of Adjustment as appropriate.

F. The Land Use Officer shall perform any other function or duty incidental to the foregoing; provided, however, that all action taken by the Land Use Officer shall be in compliance with the provisions of the MLUL, and all pertinent ordinances of the Township.

G. When it is ascertained that a violation of any ordinance pertaining to land use exists, the Land Use Officer or his designee shall serve a violation notice in writing upon the perpetrator allowing a reasonable time in which to abate the violation and shall provide one copy thereof to the Code Enforcement Officer, who shall promptly file a complaint in the Municipal Court if the violation has not been abated within the specified time.

H. Upon final action, all files of the Board of Adjustment and Planning Board shall be stored in the Land Use Office so as to be readily available for reference by the Land Use Officer in connection with issuance of development or zoning permits.

I. One copy of each resolution adopted by the Board of Adjustment and Planning Board shall be furnished to the Land Use Officer upon the adoption thereof.

J. One copy of all approved site plans and subdivision plans shall be provided to the Land Use Officer promptly following the approval thereof.

K. One copy of each violation notice served by any Township official shall be provided to the Land Use Officer upon the issuance thereof as well as one copy of the disposition thereof.

L. One copy of each real property transfer shall be provided to the Land Use Officer by the Tax Assessor upon receipt thereof.

M. The Construction Official shall provide to the Land Use Officer one copy of every building permit upon the issuance thereof.

N. No certificate of occupancy shall be issued by the Construction Official until endorsed by the Land Use Officer certifying that the completed construction, building or development complies with the requirements of this chapter, and any applicable approvals of a municipal agency.

O. It shall be the duty of the Land Use Officer or his designee to keep a record of all applications, all actions of the municipal agencies, all complaints, all violations noted and a record of any action taken thereon and all development permits issued, together with a notation of all special conditions involved. He shall file and safely keep all 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 other officials of the Township.