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Aberdeen Township City Zoning Code

§ 25-10.3

Enforcement.

[Ord. No. 10-1987; Ord. No. 5-2007 § 9; Ord. No. 9-2014]
a. 
The Construction Official and the Zoning Officer. It shall be the duty of the Construction Official and the Zoning Officer of the Township to administer and enforce the provisions of this chapter. No structure or lot shall be used in violation of this chapter.
1. 
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 shall be filed with the Tax Assessor and the Township Council. It shall be the duty of the Zoning Officer to keep a record of all zoning permits, copies of which shall be available at charge to any person having a proprietary or tenancy interest in the structure or land affected.
2. 
It shall be the duty of the Zoning Officer to inspect the structures and land in the Township and order the owner in writing to remedy any condition found to exist in violation of the provision(s) of this chapter. For purposes of this inspection, the Zoning Officer shall have the right to enter any building or premises during reasonable hours, subject to due process of law. Said order shall specify that the owner must contact the Zoning Officer within ten (10) days after service of the order to propose a plan to remedy the violations cited.
3. 
In the event that an owner cited for violations of this chapter fails to propose a remedial plan within ten (10) days, or in the event that such plan is deemed unacceptable to the Zoning Officer, said Zoning Officer shall so inform the Township Manager and Township Attorney. The Township Attorney shall advise the Township Manager and Zoning Officer of the legal options available to facilitate remedial action in each individual case.
4. 
Upon notice being served of any land use existing in violation of any provision(s) of this chapter, the Certificate of Occupancy for such shall thereupon, without further notice, be null and void and a new Certificate of Occupancy shall be required for any further use of the structure or land.
b. 
Construction and Zoning Permits.
1. 
Construction permits shall be required as provided by the State Uniform Construction Code, its subcodes, and regulations promulgated pursuant thereto. Fees for construction permits shall be in accordance with the applicable Ordinances of the Township.
2. 
A zoning permit shall be required, and issued by the Zoning Officer as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building.
3. 
The zoning permit shall acknowledge that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized pursuant to subsection 25-7.5h and 25-7.2a, 25-7.2b, 25-7.2c and 25-7.2d of this chapter.
4. 
The zoning permit shall state the location of the property, its block and lot, name and address of owner, description of the permitted use and whether or not the use is permitted by Ordinance, a variance, established nonconforming use, and/or existence of nonconforming structure.
5. 
Should the Zoning Officer decline to issue a zoning permit, the reason for doing so shall be so stated on two (2) copies of the application and one (1) copy shall be returned to the applicant.
6. 
(Reserved)
[Reserved by Ord. No. 9-2014]
c. 
Certificate of Occupancy.
1. 
Upon the completion of any building, structure or alteration in compliance with this chapter and any other ordinance, rule or regulation, the owner or his agent shall apply to the Construction Official, in writing, for the issuance of a Certificate of Occupancy for said structure, building or alteration pursuant to the provisions of this section, but only when:
(a) 
The structure or part(s) thereof and the proposed use conform to this chapter and all other applicable codes and ordinances of the Township;
(b) 
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 chapter;
(c) 
All local taxes and assessments on the property have been paid; and
(d) 
A letter from each utility company has been received by the Township stating that the utility has been inspected in accordance with the approved plan and is ready for use.
2. 
Every application for a Certificate of Occupancy shall be accompanied by payment of the fee in accordance with the applicable Ordinances of the Township.
3. 
The Construction Official shall issue a Certificate of Occupancy to the owner of every structure, building or alteration entitled to same, within the time and according to the procedures set forth in the New Jersey State Uniform Construction Code, and in this chapter.
4. 
With respect to any finally approved subdivision and/or site plan or subsection thereof, a Certificate of Occupancy shall be issued only upon the completion of the following improvements as such improvements may be required as part of subdivision and/or site plan approval:
(a) 
Curbs.
(b) 
All utilities.
(c) 
Water supply and sewerage treatment facilities, which shall be functioning and servicing the property in question.
(d) 
Storm drainage facilities.
(e) 
Rough grading of the property.
(f) 
Base course of the street or streets serving the property.
(g) 
Base course of driveways and parking areas.
5. 
With respect to any individual residential lot within a subdivision, a Certificate of Occupancy shall be issued only upon the completion of the following improvements, in addition to those listed in subsection 25-10.3c4 hereinabove, to the extent the same are required as part of the subdivision approval:
(a) 
Sidewalks.
(b) 
Driveway aprons.
(c) 
Street names and regulatory signs.
6. 
A copy of any issued Certificate of Occupancy shall be kept on file at the premises affected and shall be shown to the Construction Official upon request.
7. 
Should the Construction Official decline to issue a Certificate of Occupancy, his reason for doing so shall be stated on two (2) copies of the application and one (1) copy shall be returned to the applicant.
8. 
A Temporary Certificate of Occupancy may be issued for a new structure or use for which site approval has been granted although not all conditions of said approval have been complied with. Such Temporary Certificate of Occupancy shall be issued only in extenuating circumstances and only with the approval of the Construction Official who shall establish specific terms and conditions, including, but not limited to, a time limit for the installation of the incompleted improvements and the receipt of an appropriate performance guarantee assuring the installation of the improvements as indicated on the approved plat or plan.
9. 
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 or land affected. The charge for each copy shall be established by resolution of the Township Committee except that there shall be no charge to a municipal agency.
10. 
The following shall be unlawful until a Certificate of Occupancy is issued by the Construction Official:
(a) 
Occupancy and use of a building erected, constructed, restored, altered, or moved, or any changes in use of an existing building.
(b) 
Occupancy use or change in use of vacant land, other than for agricultural purposes.
(c) 
Any change in the use of a nonconforming use.
(d) 
Occupancy and use of any enlargement to an existing structure.