(A) Zoning Officer.
(1) The Township Committee shall appoint a Zoning Officer for the purposes of administering this chapter and related land use ordinances.
(2) Duties of the Zoning Officer shall be as follows:
(a) To interpret this chapter in accordance with its literal intent. The Zoning Officer shall not have the power to permit any construction, subdivision, or change of use of land or building which is in strict accordance with the terms of this chapter.
(b) To be responsible for the enforcement of this chapter, including investigation of complaints arising from this chapter and the prosecution of violations of it.
(c) Upon the request of the Planning Board or the Zoning Board of Adjustment, to present such facts, records or similar information so as to assist those agencies in making a decision in a matter brought before it.
(d) To be responsible for issuing permits as described below.
1. Zoning permits. A document signed by the Zoning Officer (1) which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and (2) which acknowledges that such use, structure or building complies with the provisions of this chapter or a variance therefrom duly authorized by the Planning Board or Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-1 et seq. Zoning permits shall be valid for one year from the date of issue.
2. Subdivision approval certificates. A document certifying whether or not a subdivision has been duly approved by the Planning Board and issued to a prospective purchaser, prospective mortgagee or any other person interested in any land in the township. A request for a subdivision approval certificate must be in writing and must contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
(B) Issuance of zoning permits.
(1) Zoning permits shall hereinafter be secured from the Zoning Officer prior to construction, erection or alteration of any structure or part of a structure or use of a structure or land. All requests for zoning permits shall be made, in writing, by the owner or his authorized agent and shall include the following:
(a) A statement of the use or intended use of the building or structure or land;
(b) Two copies of a sealed survey plan showing thereon the exact size, shape and location of all proposed structures and all existing structures, metes and bounds description, showing dimensions, bearings, etc., the location of the required building envelope, any easements or other restrictions from the approved subdivision, the proposed setbacks from all property lines for the proposed dwelling unit, garage, deck, etc. and such other information as may be necessary to provide for the enforcement of this chapter;
(c) Written verification that all federal, state, county and local agency permits and approvals required for the construction, erection or alteration of such structure or the use of the building or structure or land have been obtained; and
(d) Written verification issued by the Township Tax Collector stating that all real property taxes and sewer assessments chargeable to the property or properties for which such application is being made, except for taxes and assessments which are not yet due and payable on the date such application is received by the Zoning Officer, are paid in full and that written verification that CCMUA sewer connection permit(s) has (have) been received. No zoning permit shall be issued by the Zoning Officer unless and until all real property taxes and sewer assessments and all fines and penalties chargeable to the property or properties for which such permit is sought have been paid in full.
(2) Each request for a zoning permit for the construction of one or more dwelling units in a Township Center Zone, in addition to the requirements of § 156.037(B)(1) above, shall be accompanied by a plan showing thereon the size, shape and location of all open space uses, as defined and as may be required for such construction under the applicable provisions of Chapter 152, and by copies of deeds or other documents indicating that any open space use areas required are either publicly owned or have been dedicated to public use or are to be located on an improved lot or are subject to appropriate restrictions or covenants assuring that a private person, firm, association, corporation or agency will be responsible for the maintenance of such areas and that the township will have power to enforce such restrictions or covenants in the absence of enforcement by such private person, firm, association, corporation or agency as long as the dwelling units sought to be constructed are in existence.
(3) If the holder of any permit issued by the Zoning Officer pursuant to this § 156.037 shall become delinquent in the payment of property taxes or sewer assessments for any property located in the township, which delinquency commences after the date such permit is issued and continues for at least three consecutive quarters, the Zoning Officer may revoke such permit. Upon delivery to the Zoning Officer of written verification issued by the Township Tax Collector that all such delinquent taxes, plus all penalties and interest due thereon, have been paid in full, the Zoning Officer shall reinstate such permit.
(5) Grading plan checklist.
(a) Any development projects within the Township which involve grading or disturbing of surface dirt of more than 500 square feet shall require a review of the proposed plan and an inspection prior to and as a condition of the issuance of a zoning permit.
(b) Such reviews and inspections shall be performed by the Township Engineer or other such official as designated by the Township Committee.
(c) Prior to the review or scheduling of the inspections, the developer shall post with the Township an escrow amount to cover the costs of the inspection equal to $500 per lot. The escrow amounts shall be managed in accordance with the Municipal Land Use Law.
(d) No work shall be permitted on any activities covered by this section until such time as a review of the plans is conducted and an approval of the plans is issued by the reviewing official.
(e) The Township adopts a Grading Plan Checklist to be incorporated into the Unified Land Development Code in the form attached to Ordinance 112-07, as same may be amended from time to time, and incorporated herein by reference.
(C) Certificates of conformance.
(1) It shall be unlawful to use or permit the use of any building, structure or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged wholly or partly in its use or structure until a certificate of conformance permitting the occupancy thereof shall have been applied for and issued therefor by the Zoning Officer. Such certificate of conformance shall show that such building, structure or premises or part thereof is in conformity with the provisions of this chapter and all ordinances of the township, site plan and subdivision approvals and determinations of the Zoning Board of Adjustment which pertain to such building, structure or premises or part thereof.
(2) A certificate of conformance, where new construction is involved, shall be issued by the Zoning Officer when all other approvals listed under § 156.037(C)(3) below are verified. Such certificate of conformance shall be in addition to and not in substitution for any other certificates, permits or inspections required by any other provisions of the Township Codes relating to the completion and/or occupancy of the new building and/or site construction.
(3) (a) No certificate of conformance may be issued by the Zoning Officer unless the Zoning Officer verifies that all construction or improvements and development on the site have been completed in accordance with and conform to the plans, whether site plans or subdivision plans, finally approved by the reviewing board. As part of the review for residential subdivisions for detached units a lot grading plan shall be submitted for each lot.
(b) An as-built survey shall be submitted including dimensions, setbacks for all structures, parking spaces, building envelope, fencing, signage, etc.
(4) The following approvals shall be verified prior to the issuance of a certificate of conformance (if the same are applicable):
(a) Local and CCMUA sewer connection permit fees paid.
(b) Recreation fee paid.
(c) Maintenance bond posted.
(d) Final Engineering approval received.
(e) Education fee paid.
(f) County Board of Health approval received.
(g) Any other federal, state, county or local agency approvals applicable to the particular property/use have been received.
(h) The zoning officer may require an as-built survey to determine appropriateness of the proposal.
(5) Prior to any change of tenancy or ownership (even if tenancy does not change) of any residential dwelling, building, structure or premises or part thereof, including but not limited to condominium units, a certificate of conformance must be obtained by the owner.
(a) Such certificate of conformance shall be issued by the Zoning Officer if the following are found to be true:
1. Smoke detectors have been installed and are determined to be in good working order as required by state law;
3. There are no outstanding violations of any provision of Title 15 of the Township Code relating to additions, decking, fencing, sheds, above ground or in ground swimming or other pools, gazebos or other similar structures or appurtenances which have been previously installed or constructed on such property, dwelling, building, structure or premises or part thereof; and
4. A current sealed survey for a residential property or a certificate of survey for condominium units shall be submitted to the Zoning Officer. The Zoning Officer may waive this requirement if the lending institution, in the case of a refinance transaction only, is not requiring a new survey.
(b) No other criteria shall be considered in connection with the issuance or denial of a certificate of conformance pursuant to this § 156.037(C)(5). In all other cases, applications for a certificate of conformance shall be processed in accordance with the other provisions of this §§ 156.037, as may be applicable.
(6) Prior to any change of tenant or ownership (even if tenancy shall not change) of any multifamily residential dwelling, building, structure or premises or any part thereof, including, but not limited to, multifamily dwellings converted to condominium or cooperative ownership, a certificate of conformance shall be obtained by the owner. Such certificate of conformance shall be issued by the Zoning Officer if the following are found to be true:
(a) Smoke detectors have been installed and are determined to be in good working order as required by state law;
(c) There are no outstanding violations of Title 15 of the Township Code;
(d) There are no outstanding violations of the site plan and/or subdivision approval(s) applicable to such building, structure or premises or part thereof;
(f) The owner/seller has provided written verification to the Zoning Officer that signed copies of the approved site plan for the property have been provided to the buyer.
(7) Prior to any change of tenancy, use or ownership (even if tenancy shall not change) or any nonresidential building, structure or premises or part thereof, including but not limited to condominium units, a certificate of conformance shall be obtained by the owner. Such certificate of conformance shall be issued by the Zoning Officer if the following are found to be true:
(a) Proof of a satisfactory fire protection inspection by the appropriate local code official;
(c) There are no outstanding violations of Title 15 of the Township Code;
(d) There are no outstanding violations of the site plan and/or subdivision approval(s) applicable to such building, structure or premises or part thereof; and
(f) The owner/seller has provided written verification to the Zoning Officer that signed copies of the approved site plan for the property have been provided to the buyer.
(g) The zoning officer may require an as-built survey to determine appropriateness of the proposal.
(8) The owner/seller shall be responsible for making application for a certificate of conformance and obtaining the same prior to occupancy of any dwelling, building, structure or premises or part thereof by any transferee, assignee, tenant or other third party. The owner/seller shall be liable for penalties pursuant to § 156.040 if such owner/seller fails to file an application for a certificate of conformance when one is required by this section.
(9) A temporary certificate of conformance may be issued by the Zoning Officer as follows:
(a) Residential (change of tenant or ownership). If the Zoning Officer determines that a certificate of conformance for the change of tenant or ownership or residential property cannot be issued because the property contains improvements which violate the Township Code, improvements which were made without the necessary approvals and/or permits and/or modifications to the property are necessary to make the property comply with the Township Code, the Zoning Officer may issue a temporary certificate of conformance if the following conditions are met:
1. The applicant applies for all approvals and permits necessary to cause the property to come into compliance with the Township Code. If the Zoning Board of Adjustment does not approve the improvement which is the subject of the necessary approval or permit, the improvement must be removed.
2. The prospective buyer or tenant must acknowledge, on forms provided by the Zoning Officer, the violation or noncompliance and the fact that, if the Zoning Board does not approve the improvement, the improvement must be removed.
3. In the case of a sale of property, the seller shall complete the approval process unless the buyer expressly agrees, in writing, to complete the process.
(b) Nonresidential (change of tenant or refinance). A temporary certificate of conformance for a part of a building, structure or premises may be issued by the Zoning Officer as the Zoning Officer, in the exercise of his reasonable professional judgment, determines.
(10) All applications for certificates of conformance shall be received by the Zoning Officer and shall be granted or denied by the Zoning Officer within ten business days after receipt of such written applications. All applications for certificates of conformance for a change of use, change in ownership and/or change in tenant shall also include written verification issued by the Township Tax Collector stating that all real property taxes and sewer assessments and all tax liens held by the township and chargeable to the property or properties for which such application is being made, except for taxes and assessments which are not yet due and payable on the date such application is received by the Zoning Officer, are paid in full. Notwithstanding the foregoing, the Zoning Officer may waive the requirements of this § 156.037(C)(10) if, in the exercise of his reasonable discretion, the interests of the township would be better served by such deviation from the specific requirements hereof.
(11) The Zoning Officer shall be responsible for carrying out all necessary liaison with other municipal officials whose inspection and approval are required for the issuance of a certificate of conformance pursuant to this § 156.037(C).
(12) Upon written request from an owner, the Zoning Officer shall issue a certificate of conformance for any building, structure or premises, certifying, after inspection, the extent and kind of use made of the building, structure or premises and whether such use conforms to the provisions of Title 15.
(13) As to multifamily dwellings which are converted to condominium ownership or cooperative ownership under the provisions of N.J.S.A. 46:8B-8 or 46:8D-5, the conversation from ownership of individual units in a building, either under the condominium statute or the cooperative statute, shall constitute a change of ownership within the meaning of this section, and the owner shall be required to obtain a certificate of conformance from the Zoning Officer pursuant to this section prior to the transfer of ownership, either by deed or stock transfer. The requirements of this section shall apply even though the unit may have been occupied by the buyer prior to the proposed transfer. Certificates of conformance for a change of ownership or tenant shall become null and void 60 days after a fire certificate is issued if settlement or occupancy is not achieved within that time. If the premises fails inspection, the applicant has 30 days in which to bring the premises into compliance after which a summons may be issued.
(Ord. 945-99, passed 9-13-99; Am. Ord. 85-06, passed 4-24-06; Am. Ord. 266-15, passed 5-11-15)