Berkeley Township City Zoning Code
ARTICLE XIV
Enforcement
§ 35-131.1 Appointment, Duties and Records.
[Ord. No. 94-29 § 118-19]
a.
Appointment and Duties.
1.
The Township Council shall appoint a Zoning Officer, who shall be authorized to and shall administer and enforce the provisions of this chapter. At the discretion of the Township Council, the position may be held by the Building Subcode Official.
2.
The Zoning Officer shall receive applications for zoning permits. In no case shall a permit be granted by the Zoning Officer for the construction, alteration or use of any building or land that would be in violation of this chapter.
3.
The Zoning Officer or his duly authorized agent shall have the right to enter and inspect any building or premises and examine any plans during the daytime course of his duties to determine whether or not any construction, alteration or use of any building or use of land is in conformance with any permit issued therefor under the provisions of this chapter.
4.
The Zoning Officer shall order, in writing, the remedying of any conditions or the cessation of any construction, alterations or use found to be in violation of any provision of this chapter or of any conditions which may have been attached to the issuance of a permit to construct, alter or use a building or lot by an official or official body of the Township of Berkeley.
b.
Records.
1.
The Zoning Officer shall keep a record of all applications for permits and certificates issued and denied, together with all notations of specific conditions involved. He shall file and safely keep copies of all site plans and information supplemental thereto, which shall be part of the records of his office and shall be available for the use of the Township Council and other officials of the Township of Berkeley, County or State.
2.
The Zoning Officer shall prepare a monthly report for the Township Council, summarizing for the period since his last previous report all permits issued and all violations found and consequent actions taken by him.
c.
Advisement. Should the Zoning Officer be in doubt as to the meaning or intent of any provision of this chapter, as to the location of a district boundary line on the Zoning Map or as to the propriety of issuing any permit in any particular case, he shall request a ruling from the Board of Adjustment as to its interpretation and decision.
§ 35-131.2 Zoning Permits and Procedures.
[Ord. No. 94-29 § 118-19.1; Ord. No. 09-15-OA § 8]
a.
No construction, alteration or excavation for any building or other structure nor any use of building or land shall be begun without the issuance of a permit by the Zoning Officer indicating the proposal is in compliance with the provisions and requirements of this chapter.
b.
All applications for permit shall be made on forms provided by the Zoning Officer. Each such application shall be accompanied by a plan drawn to such scale as required to show exact dimensions and locations of all buildings, yards, lot lines, off-street parking and such other appropriate details and information as may be necessary to provide for the administration of this chapter. All dimensions shown on these plans relating to the lot to be used or built upon shall be based on actual survey, deed description or an approved subdivision plat. Should the application for zoning permit involve the construction, addition or enlargement of a building or structure regulated by maximum height provisions of this chapter, or where a two-dimensional drawing is insufficient for determining compliance with certain provisions of this chapter, the Zoning Officer may require building elevation drawings and cross sections be submitted prior to the issuance of a zoning permit. Where the approval of a site plan is required, submittals shall meet the requirements of the provisions of this chapter which deal with site plans. One copy of the approved site plan shall be returned to the applicant, together with the permit issued by the Zoning Officer and with such conditions as may have been attached thereto by an official body of the Township of Berkeley acting under this chapter. In those instances where permits are not granted, the applicant shall be advised in writing as to the specific reasons involved.
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 complies with all setback, side yard and back yard provisions of this chapter.
d.
Permission or Denial.
1.
In reviewing an application for a zoning permit, the Zoning Officer may, in his discretion, permit or deny the issuance of a zoning permit in those instances where the following circumstances occur in a residential zone:
(a)
Where the existing front or rear setback does not conform to the present zoning and the proposed repair or addition to the front or rear of the structure will not increase the degree of nonconformity, or where the repair or addition is made to a structure on an undersized lot, same may be permitted if the repair or addition does not violate any present setback requirements; and
(b)
Where the proposed addition or repair will not tend to violate the purposes and intent of the chapter, which include but are not limited to safety, health, aesthetics, light, air and ventilation or otherwise tend to cause any health problems.
2.
In any event, should the Zoning Officer have any doubt whatsoever as to the effect of the application upon any of the foregoing zoning criteria, he shall deny the application for a zoning permit.