Burlington Township
City Zoning Code
City Zoning Code
ARTICLE XV
Administration
§ 330-129 Enforcement.
[Amended 10-27-2009 by Ord. No. 09-OR-024]
The provisions of this chapter shall be administered and enforced by the Administrative Officer of the Township of Burlington. In no case shall a permit be granted for the construction or alteration of any building, structure or sign 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 Administrative Officer or his duly authorized assistants to cause any building, structure or sign, 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 provision of this chapter. The Administrative Officer or his duly authorized assistants shall have the right to enter any building or premises during the daytime in the course of this duty. Further, it shall be the duty of the Director of Public Safety and the Fire Chief, or such members of the respective departments as may be designated by them, and the Health Officer in the enforcement of this chapter also to report to said Administrative Officer any violations which may come to their attention.
§ 330-130 Certificate and permits.
B.
Conditional use permits. Application for any conditional use permit as permitted under the provisions of this chapter shall be made to the reviewing board through the Administrative Officer. The Administrative Officer shall forward the plans submitted in connection with the application to the reviewing board for the scheduling of a hearing on the matter. The Administrative Officer shall forward the plans submitted in connection with the application to the reviewing board for its report thereon as to the application's effect on the comprehensive planning of the Township. The reviewing board may hold public hearings on the application prior to receipt of the report and recommendation referred to above but may not finally act until the recommendation and report are received. Subject to the above, the reviewing board shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear such cases and make exceptions to the provisions of the Zoning Ordinance. The reviewing board may thereafter direct the Administrative Officer to issue such permit, if, in its judgment, any one of such cases will not be detrimental to the health, safety and general welfare of the Township and is deemed necessary for its convenience. In approving any such application, the reviewing board may impose any conditions that it deems necessary to accomplish the reasonable application of applicable standards as provided in Articles XII and XIII and may deny any such application, but only in accordance with said standards.
C.
Temporary use permits. It is recognized that it may be in accordance with the purpose of the chapter to permit temporary activities for a limited period of time which activities may be prohibited by other provisions of this chapter. If such uses are of such a nature and are so located that at the time of petition they will:
(1)
In no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone.
(2)
Contribute materially to the welfare of the Township, particularly in a state of emergency, under conditions peculiar to the time and place involved; then the reviewing board may, subject to all requirements for the issuance of special permits elsewhere specified, direct the Building Inspector to issue a permit for a period not to exceed six months. Such period may be extended not more than once for an additional period of six months.
D.
Certificate of occupancy permits. Certificates of occupancy shall be issued in accordance with the procedures set forth by the Township Council.
(1)
New uses. No building shall be occupied or used until such time as a certificate of occupancy is issued by the Building Inspector, after determination that the building, structure or use is in conformance with the provisions of this chapter.
(2)
Existing uses. Upon written request from the owner, tenant, occupant or purchaser under contract, the Building Inspector, after inspection, shall issue an occupancy permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and any other such existing use which conforms with the provisions of this chapter.
(3)
Change of use. No owner, tenant or other person shall use or occupy any building or structure thereafter, the use of which shall be changed after the passage of this chapter, without first procuring an occupancy permit, provided that an occupancy permit once granted shall continue in effect so long as there is no change in use, regardless of change in tenancy or occupancy.
E.
Certificates showing approval.
(1)
The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding August 1, 1976, may apply in writing to the Township Administrative Officer for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
(2)
The Township Administrative Officer shall make and issue such certificate within 15 days after the receipt of such written application and the fee therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his or her office.
(3)
Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
(a)
That there exists in the Township a duly established Planning Board and that there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law of 1975, c. 291.
(b)
Whether the subdivision as it relates to the land shown in said application has been approved by the Planning Board, and if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.
(c)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided within the Municipal Land Use Law.
(4)
The Township Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by the Township Administrative Officer shall be paid by him or her to the Township of Burlington.
§ 330-131 Expiration of zoning variances.
Any variance from the terms of the Zoning Ordinance hereinafter granted by the Zoning Board of Adjustment or the Planning Board pursuant to the authority contained under N.J.S.A. 40:55D-1 et seq., permitting the erection or alteration of any structure or structures or permitting the specified use of any premises, shall expire by limitation unless said construction or alteration shall have actually been commenced on each and every structure permitted by said variance, or unless such permitted use shall have actually been commenced within one year from the date of entry of the judgment and determination of the Zoning Board of Adjustment or Planning Board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Zoning Board of Adjustment or the Planning Board to the governing body or to a court of competent jurisdiction until the determination of any matters of such appeal or proceeding.
§ 330-132 Conditional approvals.
A.
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or any other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the approving authority shall process such application for development in accordance with this chapter, and, if such application for development complies with the requirements of this chapter, the approving authority shall approve such application conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application for development requires an approval by a governmental agency other than the approving authority, the approving authority shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the approving authority shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant, unless the approving authority is prevented or relieved from so acting by the operation of law.
§ 330-133 Nonconforming uses.
A.
Continuance. Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which said land or buildings are located; provided, however:
(1)
That no nonconforming lot shall be further reduced in size.
(2)
That no nonconforming building shall be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance.
(3)
That no nonconforming use may be expanded.
(4)
All uses within developments and sites constructed in accordance with all terms and conditions of their approval as optional residential developments shall continue to be regulated by those same regulations without regard to the fact that they now may be in a different zone and that such options are no longer available to the residential developments or sites. The developments and sites that are permitted to continue to be regulated by the optional residential development regulations are set forth in § 330-71I(1) of this chapter.
B.
Abandonment. A nonconforming use shall be adjudged as abandoned when the tenant or owner displays intent of cessation through inactivity or the display of an unspecified "for sale" or "for rent" sign or a combination of any of these for a period of more than a year.
C.
Restoration. If any nonconforming building, structure or sign shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy to an extent of less than 75% of true value as determined by an appraiser appointed for that purpose, then such destruction shall be deemed partial destruction and may be rebuilt, restored or repaired. Nothing in this chapter shall prevent the strengthen or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Building Inspector.
D.
Revisions. No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
E.
Alterations. A nonconforming building, structure or sign may be reconstructed but not enlarged or extended unless said building is changed to a building conforming or more nearly conforming to the requirements of this chapter.
F.
Construction approved prior to ordinance. Nothing herein contained shall require any change in plans, construction or designated use of a building, structure or sign which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground-story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of this chapter.
G.
Zone changes. Whenever the boundaries of a zone shall be so changed as to transfer an area from one zone to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
H.
None of the above provisions pertaining to nonconforming uses shall apply to single-family dwellings which are used as such.
§ 330-134 Appeals from administrative decisions.
Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of this Township affected by any decision of the Building Inspector.
A.
Manner of appeal. An appeal shall be taken within 20 days of the action by filing with the Building Inspector and with the Board of Adjustment a notice of appeal, specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed was taken.
B.
Appeal stays proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the Building Inspector certified to the Board of Adjustment after the notice of appeal shall have been filed that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order on application with notice to the Building Inspector and on due cause shown.
D.
Procedure. The Board of Adjustment shall act in strict accordance with the procedure specified in N.J.S.A. 40:55D-1 et seq., and this chapter. All appeals and applications to the Board shall be in writing. Every appeal or application shall refer to the specific provision of the chapter involved and shall exactly set forth the interpretation that is claimed or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted. Every decision of the Board of Adjustment shall be made by resolution, each of which shall contain full record of the findings of the Board in the particular case. Each such resolution shall be filed in the office of the Township Clerk by case number under the heading of the interpretation, special exception or variance, together with all documents pertaining thereto. The Board of Adjustment shall notify the governing body, the Planning Board and the Building Inspector of the disposition of each case brought before it.
E.
Public hearing. The Board shall fix a reasonable time for the hearings of appeals, giving due notice of the time set for the hearing to the applicant. Such notice shall be served upon the applicant. The appellant shall, at least 10 days prior to the date appointed for said hearing pursuant to N.J.S.A. 40:55D-1 et seq., give notice by certified mail or by service in person with adequate proof of contact thereof to all property owners within 200 feet of the property to be affected by said appeal as provided in the statutes of the State of New Jersey or to all property owners of contiguous lands or properties adjoining said property to be affected and other interested property owners as may be designated by the Board of Adjustment. The applicant must furnish proof of service, in writing and properly notarized.[2]
§ 330-135 Remedies; violations and penalties.
A.
Generally. The Township Administrative Officer shall enforce this chapter. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Administrative Officer and its agents or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
B.
Selling before approval.
(1)
If before final subdivision approval has been granted any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which approval is required by this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.[1]
(2)
In addition to the foregoing, the Township may institute and maintain a civil action:
C.
Penalties.
(1)
This chapter shall be enforced by the Administrative Officer as provided by law. The owner or agent of a building or premises where a violation of any provision of said regulations shall have been committed or shall exist, or the lessee or tenant of any part of the building or premises in which such violation shall have been committed or shall exist, or the agent, architect, building contractor or any other workman or person who shall commit, take part or assist in any such violation or who shall maintain any building or premises in which any violation of this chapter shall exist may, upon conviction thereof, for each and every violation, be subject to the maximum penalty in Chapter 1, Article II, Definitions; General Penalty. Each day that a violation is permitted to exist shall constitute a separate offense.[2]
(2)
Aiding and abetting violations. Not only shall the owner or owners of the land in question be guilty of a violation of this chapter if they suffer or permit any of the acts herein prohibited to be done to or upon their lands, but also any officers, agents, employees or independent contractors of any landowners who directly or indirectly aid or abet such acts or who authorize or direct or supervise such acts or bring in or upon said land or use or operate any truck, bulldozer, shovel or other equipment in performing any of the acts prohibited hereunder, shall also be guilty of a violation of this chapter and, upon conviction, shall be subject to the penalties provided herein.
(3)
If a fine in an amount greater than $1,250 is imposed upon an owner for violations of housing or zoning codes, the Township shall provide a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition, and the owner shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.[3]
§ 330-136 Records.
A.
It shall be the duty of the Administrative Officer to keep a record of all applications for zoning permits, a record of all permits issued and a record of all certificates of occupancy which he countersigns, together with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for use of the Township Council and of other officials of the Township of Burlington, county or state.
B.
The Administrative Officer shall prepare a monthly report for the Township Council summarizing for the period since his last previous report all zoning permits issued and certificates countersigned by him and all complaints of violations and the action taken by him consequent thereon. A copy of each such report shall be filed with the Township Tax Assessor at the same time it is filed with the Township Council.