Barnegat Light City Zoning Code
§ 215-16
Administration and enforcement.
A.
Enforcement. The provisions of this chapter shall be administered and enforced by the Zoning Officer of the Borough of Barnegat Light. In no case shall a permit be granted for the construction or alteration of any building 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 Zoning Officer and his duly authorized assistants, if any, to cause any building, 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 provisions of this chapter. Said Zoning Officer or his assistants, if any, shall make necessary inspections of any building or premises during the daytime in the course of his or their duties. Anything herein contained to the contrary notwithstanding, the Zoning Officer shall review the plans submitted by the applicant to determine whether they comply with the provisions of the land use ordinances of the Borough of Barnegat Light. The Zoning Officer shall certify compliance or shall reject the plans for noncompliance within 10 days of their submission to him, and a failure to reject the plans for noncompliance within such ten-day period shall result in an automatic certification of compliance.
B.
Zoning Officer.
[Amended 6-8-2022 by Ord. No. 2022-06]
(1)
There is hereby created in the Borough of Barnegat Light the position of Zoning Officer, who shall have the following duties:
(a)
To enforce the zoning ordinances of the Borough of Barnegat Light.
(b)
To issue zoning permits in accordance with this chapter.
(c)
To answer all inquiries with regard to zoning questions in the Borough of Barnegat Light.
(d)
To keep a record of all applications for permits and of all permits and certificates issued with a notation of all special conditions involved.
(e)
To collect and record fees for zoning permits.
(f)
In addition, the Borough Zoning Officer shall have the power to revoke any permit and issue a stop-work order where the requirements of this chapter are being violated, and to issue violation notices assessing a penalty of $200 per day until any such violation is abated and brought into compliance.
(g)
To prepare a monthly report for the Mayor and Council summarizing all activities of the previous month concerning the duties of the Zoning Officer.
(2)
The Zoning Officer shall be deemed to be the administrative officer as defined in N.J.S.A. 40:55D-3 and shall issue certifications on behalf of the Borough of Barnegat Light certifying whether or not a subdivision has been approved by the Planning Board in accordance with N.J.S.A. 40:55D-56.
(3)
The Zoning Officer shall conduct field inspections and special investigations to ensure compliance with the zoning ordinances and the various land use ordinances of the Borough and initiate necessary legal action against violators of such ordinances in the Municipal Court and, with the prior approval of the Mayor and Council, in the Superior Court of New Jersey. In addition, the Zoning Officer shall have the power to revoke any permit and issue a stop-work order where the requirements of this chapter are being violated.
C.
Term of office. The term of office of the Zoning Officer shall be for one year commencing January 1 of the year of appointment and ending December 31, and such Zoning Officer shall continue to serve until his successor shall be appointed and qualified. The Zoning Officer shall receive an annual salary as may from time to time be fixed by the Mayor and Council in the Salary Ordinance of the borough.
D.
Permits.
(1)
Conditional use permits.
(a)
Applications for any conditional use permit as permitted by this chapter shall be made to the Planning Board, except when such an application includes an application for approval of a variance pursuant to N.J.S.A. 40:55D-70d before the Board of Adjustment, in which case such application for a conditional use permit shall be made to the Board of Adjustment. The appropriate board may thereafter direct the Construction Code Official to issue such permit if in its judgment the issuance of the same will not be detrimental to the health, safety and general welfare of the borough and is deemed necessary for its convenience.
(b)
In approving any such application the appropriate board may impose any conditions that it deems necessary to accomplish the reasonable application of applicable standards as provided in this chapter and may deny any such application, but only in accordance with the standards.
(2)
Certificates of occupancy. Certificates of occupancy shall be used by the Construction Code Official in the manner prescribed in the Building Code. No building may be occupied until a certificate of occupancy is issued.
(3)
Zoning permits.
[Amended 6-14-1985 by Ord. No. 85-9; 12-13-2017 by Ord. No. 2017-017]
(a)
No construction, alteration or excavation for any building or other structure, nor any use of building or land, nor addition or alteration of impervious coverage surfaces, shall be begun without the issuance of a permit by the Zoning Officer indicating that the proposal is in compliance with the provisions and requirements of this chapter.
(b)
All applications for a zoning permit shall be made on forms provided by the Zoning Officer and shall contain such information as he shall require in order to make a determination as to whether the zoning permit should be issued.
(c)
Before a certificate of occupancy is issued for any new construction, including residential, industrial or commercial, a certified location survey must be submitted to the Zoning Officer showing that the location of the completed structure, including all additions or alterations of impervious coverage surfaces, complies with all setback, side yard, backyard and all other provisions of this chapter.