Byram Township City Zoning Code
ARTICLE XI
Administration and Enforcement
§ 240-69 Office of Zoning Officer created.
[Amended 6-20-2017 by Ord. No. 10-2017]
The office of the Zoning Officer of the Township is hereby created. Appointments to the office of the Zoning Officer shall be made by the Township Manager.
§ 240-70 Enforcement.
[Amended 9-7-1993 by Ord. No. 5-1993]
This chapter shall be enforced by the Zoning Officer, who shall in no case, except under a written order of the Planning Board, as prescribed by statute, issue any permit for the erection or structural alteration of any building or grant any occupancy permit for any building or land where the proposed erection, structural alteration or use thereof would be in violation of any of the provisions of this chapter.
§ 240-71 Duties of Zoning Officer.
It shall be the duty of the Zoning Officer to investigate any violation of this chapter coming to his attention, whether by complaint or from his own personal knowledge or observation.
A.
Where any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of any provision of this chapter, the Zoning Officer shall serve notice upon the owner or person violating this chapter, either personally or by registered mail, to remove the violation within 10 days. If after 10 days the violation still exists, the Zoning Officer shall either:
(1)
File a complaint in the Municipal Court of the Township against the owner, his agent or any person or corporation perpetrating the violation, serving the aforesaid offender with proper notice, and prosecute this judgment in Municipal Court; or
(2)
Upon the express authority of the Township Council and with the advice and assistance of the Township Attorney, file in the Superior Court a complaint to terminate the violation.
B.
The Zoning Officer shall enforce all conditions imposed by the Planning Board on the operation of facilities constructed in accordance with approvals secured from said Board.
[Added 9-7-1993 by Ord. No. 5-1993; amended 5-4-1995 by Ord. No. 4-1995]
C.
It shall be the duty of the Zoning Officer to issue zoning permits. Such permits shall be secured from the Zoning Officer's office prior to application for a building permit for the construction, erection or alteration of any structure or sign or part of a structure or upon a change in the use of a structure or land. Each application shall be accompanied by the required fee.
[Added 9-7-1993 by Ord. No. 5-1993]
§ 240-72 Records.
[Amended 9-7-1993 by Ord. No. 5-1993]
It shall be the duty of the Construction Official to keep records of all applications for construction permits and of all such permits issued, with a notation of all special conditions involved. He shall file and safely keep copies of all plans and specifications submitted with such application, and the same shall form a part of the records of his office and shall be available to the Township Council and all other officials of the Township.
§ 240-73 Certification.
Before any person, firm or corporation shall be permitted to proceed with the construction of any building improvement beyond the stage of the foundation under a valid construction permit, certification by a licensed architect or engineer shall be submitted to the Township Council, with copies to the Construction Official and Zoning Officer, that the same is properly located in the applicable zone as regards the zoning requirements as to front, back and side line dimensions, in accordance with the approved and filed site plan upon which the permit was issued.
§ 240-74 Construction and occupancy permits in nonresidential zones.
[Amended 3-6-2006 by Ord. No. 5-2006]
An application for any construction permit or certificate of occupancy in any VB and NC District shall be submitted to the Construction Official in duplicate on forms prepared by the Planning Board. The applicant for any use in the above zone districts shall also submit in duplicate all plans of the proposed construction and development, including a description of the proposed machinery, operation and products, as well as an affidavit by the applicant acknowledging his understanding of the applicable performance standards or required conditions and agreement to conform with the same at all times. If there is any reasonable doubt as to the likelihood of the intended use conforming to the performance standards or required conditions or if the Planning Board feels that, due to the nature of the intended use, the required site plan should be reviewed for report by one or more expert consultants, the Planning Board shall request a deposit of $500 to be submitted which will be used to defray the cost of the special reports required to process it. The Planning Board shall refer the application for investigation and report to one or more expert consultants selected by the Board as qualified to advise on conformance to the required performance standards or required conditions. A copy of the consultant's report shall be promptly furnished to the applicant. Any permit authorized and issued shall be conditioned on, among other things, the applicant's completed buildings and installations in operation conforming to the applicable performance standards or required conditions and the applicant paying fees in excess of $500 if needed to cover the experts' above-mentioned reports. All moneys not used to pay for the services of the expert consultants deemed reasonable and necessary by the Board for advice shall be returned to the applicant at the time the Board renders its decision. The Construction Official shall investigate any alleged violation of the performance standards or required conditions and, if there are reasonable grounds to believe that a violation exists, shall notify the Planning Board. The Planning Board shall investigate the alleged violation and for such investigation may employ qualified experts; the cost of the experts' service shall be paid by the violator. If there was no violation, the Township shall pay the cost.
§ 240-75 (Reserved) [1]
§ 240-76 Violations and penalties.
A.
Any owner or agent and any person or corporation who shall violate any of the provision of this chapter or fail to comply therewith or with any of the requirements thereof or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder or who shall refuse reasonable opportunity to inspect any premises shall be subject to the penalty provided for in § 1-15 of Chapter 1, General Provisions. Each and every day such violation continues after the expiration of the ten-day removal period, as provided by § 240-71, shall be deemed a separate and distinct violation.
B.
The owner of any building or structure, lot or land or part thereof where anything in violation of this chapter shall be placed or shall exist and any architect, builder, contractor, agent, person or corporation employed in connection therewith who assists in the commission of such violation shall be guilty of a separate offense and, upon conviction thereof, shall each be liable to the penalty section provided for in § 1-15 of Chapter 1, General Provisions.
C.
In addition to the fines and penalties authorized herein, any person who violates a provision of this chapter shall reimburse the Township of Byram for all costs incurred for investigation, inspection and prosecution of violations of this chapter, including costs of litigation and reasonable attorneys' fees. All costs and fees awarded pursuant to this section to the Township of Byram shall constitute an assessment and lien against the subject property and shall accrue interest as provided by law.
[Added 2-7-2000 by Ord. No. 2-2000]