Commercial Township
City Zoning Code
City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 145-99 Enforcement officer.
A.
The Township Committee shall appoint a Zoning Officer to administer and enforce the provisions of this chapter, except as otherwise provided by law or by this chapter. Said Officer shall be appointed for the term of one year beginning on the date of appointment by the Township Committee and after taking the oath of office, and shall receive such compensation for his/her services as shall be fixed from to time to time by ordinance of the Township.
B.
The Zoning Officer shall perform the following duties:
(1)
Issue permits for such construction and uses as are in accordance with the terms and provisions of this chapter or any lawful order of the Land Use Board or Township Committee.
(2)
Record and file all applications for zoning permits, together with the plans, documents and other papers accompanying such applications.
(3)
Collect all fees that may be payable to the Township under the provisions of this chapter, unless otherwise specifically provided.
(4)
Prepare a monthly report for the Township Committee, listing all zoning permits applied for and those granted, and all ordinance violations and actions taken by his office consequent thereto. A copy of each such report shall be filed with the Township Tax Assessor at the same time.
(5)
Institute and conduct lawful proceedings to prevent threatened violation of this chapter and, in order to correct conditions resulting from the violation of the ordinance, prosecute persons who shall have violated or who shall be engaged in violating any of the terms or provisions of this chapter, and the Zoning Officer shall have recourse to any and all remedies, including injunction, restraining orders and proceedings in lieu of prerogative writs.
(6)
At the direction and guidance of the Land Use Board, maintain a record of current land use and report any changes of land use to the Land Use Board every six months. Said report shall include such information as required by the Land Use Board.
§ 145-100 Zoning permits.
A.
No person shall hereafter erect, locate or alter any building or portion thereof or begin or change the use of land or a structure without first obtaining a zoning permit therefor from the Zoning Officer. No zoning permit shall be issued except in conformance with the provisions of this chapter or, where authorized, upon written order of the Land Use Board or the Township Committee.
B.
Zoning permit application requirements.
(1)
All requests for zoning permits shall be made in writing to the Zoning Officer on forms provided by the Zoning Officer and shall be signed by the owner of the land and/or structure involved in the request, or by his authorized representative or agent. The applicant shall include a description of the use or intended use or uses of the building and/or land. Each application shall be accompanied by a plan drawn to scale, showing any existing or proposed building or open land uses and their exact relation to all lot and street lines. Accompanying the application also must be a written statement giving satisfactory evidence to the effect that the lines of the street boundaries have been accurately located and staked on the ground and that the said application is intended to comply with all provisions of this chapter or any lawful order of the Land Use Board.
(2)
The Township Committee has determined that considerable problems related to flooding on private property in the area of occupied structures have resulted from the location of such structures in such a manner that stormwaters have accumulated in close proximity thereto, creating a danger to human safety and of property damage, and a hazard of breeding insect pests. As a result of said determination, all construction or location of any structure or unit intended for human occupancy shall, in addition to the zoning permit application form to be provided by the Zoning Officer, be accompanied by a drawing of the lot in question by a licensed land surveyor or professional engineer on a survey plan prepared by the licensed land surveyor showing the following:
(a)
The proposed location and use of all proposed structures.
(b)
Compliance with all setback requirements as set forth in the Schedule of District Regulations[1] for the zoning district in which the lot involved is located.
[1]
Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.
(c)
The grade and elevation of the lot in sufficient detail to demonstrate that the building location is at least at the same grade as the road providing access to the lot.
(d)
Detail showing that no stormwater will accumulate in the area of the proposed structures or be diverted to the area of other structures so as to create a danger to the public health or safety.
(e)
Detail showing any improvement, grading or other conditions required to prevent any such accumulation or diversion of stormwater.
(3)
In reviewing any such application and accompanying drawing the Zoning Officer may obtain the advice of the Township Engineer on any such permit request and any denial may be appealed to the Land Use Board pursuant to the provisions of N.J.S.A. 40:55D-70, Subdivision a. Additionally, upon request of the applicant, the Land Use Board may grant waivers from the formal drawing requirements noted hereinabove upon the advice of the Township Engineer.
D.
A zoning permit shall not be issued by the Zoning Officer for development of or improvements to property for which there exist taxes or assessments for local improvements then due or delinquent.
§ 145-101 Duration of certain permits.
If after a zoning permit or conditional use permit has been authorized by the Zoning Officer or Land Use Board, the applicant has not obtained the permit within a period of six months from the date of such authorization or as provided by N.J.S.A. 40:55D-1 et seq., then such authorization shall be null and void, and no permit shall be issued there under unless the applicant shall have, prior to the expiration of the aforesaid six-month period, made written application for an extension. Such extension shall be granted by the appropriate approval authority, for a period not to exceed six months, upon good cause having been shown by the applicant.
§ 145-102 Appeals to the Land Use Board.
An appeal to the Land Use Board may be taken by any interested party affected by any decision of the administrative officer of the municipality based on or made in the enforcement of this chapter or any adopted Official Map. Such appeal shall be taken within 20 days by filing notice of appeal in the manner set forth in § 145-85 of this chapter.
§ 145-103 Violations and penalties.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions hereof shall, upon conviction, be punishable by a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each and every day that any violation continues shall be considered a separate offense, punishable by a like fine or penalty.
§ 145-104 Certificate of occupancy; fee.
[Added 3-20-2008 by Ord. No. 2008-492]
A.
Upon the transfer of title to, or any change in occupancy of any residential or commercial unit in Commercial Township, the owner of such unit shall obtain a certificate that the unit satisfies the requirements of statute and regulations for the Cumberland County Health Department for water certificate, carbon monoxide detectors and fire extinguisher and the unit is in compliance with the International Property Maintenance Code. The above certifications shall be obtained from the Commercial Township Construction Office.